HomeMy WebLinkAbout02/16/1995C it NJ / e0l,
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AGENDA
Thursday, February 16, 1995
6:00 P.M.
General Plan Public Hearing
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Mayor
Mayor Pro Tem
Phyllis E. Papen
Gary H. Werner
Council Member Eileen R. Ansari
Council Member Clair W. Harmony
Council Member Gary G. Miller
City Manager Terrence L. Belanger
Interim City Attorney Michael Montgomery
City Clerk Lynda Burgess
Copies of staff reports, or other written documentation relating to agenda items, are on file in the Office of the
City Clerk, and are available for public inspection. If you have questions regarding an agenda item,
please contact the City Clerk at (909) 860-2489 during regular business hours.
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the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or
accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk
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®to the scheduled meeting.
Please refrain from smoking, eating or drinking " The City of Diamond Bar uses recucled paper
in the Council Chambers. - and encourages you to do the same.
1
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1. CALL TO ORDER: 6:00 P.M. February 16, 1995
PLEDGE OF ALLEGIANCE: Mayor Papen
ROLL CALL: Council Members Ansari,
Harmony, Miller, Mayor Pro Tem
Werner and Mayor Papen
2. PUBLIC HEARING:
2.1 ADOPTION OF THE GENERAL PLAN - The General Plan is a
statement of goals, objectives and strategies to guide
the long-range physical development of the City. The
plan is required by State law and determines the size,
form and character of the City over the next 20 years. On
February 13, 1995, Council reviewed the Housing Element
(HE) .
Recommended Action: It is recommended that the City
Council continue the review of the Housing Element,
receive a staff presentation on the Land Use Element
(LUE), open the public hearing, receive testimony and
continue the matter to February 23, 1995.
Requested by: Community Development Director
3. ANNOUNCEMENTS:
4. ADJOURNMENT:
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CITY OF DIAMOND BAR
AGENDA REPORT AGENDA NO.
TO: Terrence L. Belanger, City Manager
MEETING DATE: February 16, 1995 REPORT DATE: February 14, 1995
FROM: James DeStefano, Community Development Director
TITLE: Adoption of the General Plan
SUMMARY: The General Plan is a statement of goals, objectives and strategies to guide the long-range
physical development of the City. The Plan is required by State law and determines the size, form and
character of the City over the next 20 years. On February 13, 1995, Council reviewed the Housing Element
(HE).
RECOMMENDATION: It is recommended that the City Council continue the review of the Housing Element,
receive a staff presentation on the Land Use Element (LUE), open the public hearing, receive testimony and
continue the matter to February 23, 1995.
LIST OF ATTACHMENTS:X Staff Report
_ Resolution(s)
_ Ordinances(s)
Agreement(s)
_ Other
EXTERNAL DISTRIBUTION: Library
SUBMITTAL CHECKLIST:
_ Public Hearing Notification
_ Bid Specification (on file in City Clerk's Office)
1. Has the resolution, ordinance or agreement been reviewed _ Yes No
by the City Attorney? N/A
2. Does the report require a majority or 4/5 vote? MAJORITY
3. Has environmental impact been assessed? X Yes No
4. Has the report been reviewed by a Commission? _ Yes X No
Which Commission?
5. Are other departments affected by the report? X Yes _ No
Report discussed with the following affected departments: ALL
RE BY:
Terence L. Belager Frank Usher es DeStefano
City Manager Assistant City Manager Community Devel pment Director
CITY COUNCEL REPORT
AGENDA NO.
MEETING DATE: February 16, 1995
TO: Honorable Mayor and Members of the City Council
FROM: Terrence L. Belanger, City Manager
SUBJECT: Adoption of the General Plan
ISSUE STATEMENT: State law requires the preparation and adoption of a comprehensive, long
term General Plan for the physical development of all property within the
City and any land outside its boundaries which bears relation to its
planning. Upon adoption, the General Plan, through its numerous goals,
objectives and strategies, will define development strategy for the next
twenty years.
BACKGROUND:
In November, 1994, the City Council began its review of the Planning Commission recommended Draft
General Plan. Since that date, Council has reviewed the Introduction, Vision Statement, Resource
Management Element, Public Services and Facilities Element, Public Health and Safety Element, and
Circulation Element. On February 13, 1995, the City Council completed its review of the Circulation
Element and began examination of the Housing Element
DISCUSSION:
Review of the Housing Element
The City Council has continued its review of the Housing Element from February 13, 1995. The Council
requested the preparation of a map outlining vacant land and housing opportunity areas to facilitate further
review of the element. A map and table designed to summarize the available information will be
presented at the meeting.
Review of the Land Use Element
The Land Use Element contains broad policy statements designed to deal with the distribution, general
location and extent of the uses of land for housing, business, industry, open space, recreation, education,
public buildings and other categories of public and private uses of land. The Land Use Element provides
a framework for the future use of all land located within the 14.9 square miles of incorporated City and
the 5.6 square mile unincorporated sphere -of -influence area.
Fl
State law requires the adoption of a Land Use Element as part of the required general plan. This necessity
is intended to ensure that communities achieve and maintain a use of land that is consistent with
community goals and objectives. Although all General Plan elements carry equal weight, it is the Land
Use Element that contains the broadest scope. It is for this reason that the land use element is often
perceived as being the most representative of "the General Plan".
The Element contains a diagram or map which is representative of the policies contained within the text
and identifies proposed land uses for our 20.5 square mile planning area. In addition to the land use map
the element identifies the density and intensity of development.
The majority of the City has been developed with residential land uses. Generally, densities are greater
in the flatter portions of the City. The City has a total population of approximately 54,500 residing within
roughly 17,850 dwelling units. Non-residential landuses comprise approximately 20 percent of the City's
land area. Approximately 28 percent of the City's land area is vacant.
The primary land use issue identified in the development of the Draft General Plan is the need to establish
an appropriate land use mix for the community. Concerns have been brought forth regarding the
disposition of remaining vacant lands, a desire to retain open spaces, the need to increase the City's
revenue base and the desire to define and promote a positive City image.
The Land Use Element is proposing an additional 1073 dwelling units over the next 15-20 years. Overall,
the Element is proposing land use densities and intensities which are more reflective of the existing
conditions and development characteristics. The land use element proposes four residential land use
classifications permitting up to 16 dwelling units per acre. Three commercial classifications are proposed
allowing floor area ratios of up to 1.00. The Element proposes the creation of a slope density ordinance
for properties exceeding 25 percent slope and encourages density transfers to preserve open space
resources. The Element establishes the desire for further detailed land use planning by designating three
areas with a PD, Planned Development overlay. Additionally, the 400+- acre Bramelea property along
Diamond Bar Boulevard presently classified as residential and open space, the 800+- acre Tres Hermanos
Ranch (presently classified as agricultural), and the 3200 acre Boy Scout properties presently classified
as Agriculture, located within the Sphere of Influence are designated as SP, Specific Plan. The SP
designation will require the creation of a detailed master plan, at such time in the future as development
may be proposed, to address the uniqueness of these areas.
The Land Use Element begins on page I-1 of the General Plan. The Master Environmental Assessment
and the Final Environmental Impact Report contain useful background information germane to land use
issues. Staff will present a more detailed report on the Element at the public hearing.
Planning Commission Review
The Planning Commission received and reviewed the recommendations of the General Plan Advisory
Committee (GPAC). The Planning Commissions recommendations to the City Council generally follow
GPAC proposal. However there are noteworthy differences. The Planning Commission did not embrace
GPAC's recommendation for the inclusion of a detailed slope density formula, density transfers and
removal of map or deed restrictions by a vote of the people. The Planning Commission recommends that
the Development Code be utilized for slope density and that density transfers and removal of map or deed
restrictions be considered concurrent with or when development is proposed. The recommendations of
the Planning Commission are delineated within the recommended Draft General Plan dated October 17,
1994
N
RECOMMENDATION:
RECOMMENDATION: It is recommended that the City Council continue the review of the Housing
Element, receive a staff presentation on the Land Use Element (LUE), open the public hearing, receive
testimony and continue the matter to February 23, 1995.
PREPARED BY:
James DeStefano
Community Development Director
attachments:
Letter from Bramalea dated February 6, 1995
Planning Commission Land Use meeting minutes
Letter from Walnut Valley Unified School District dated September 16, 1994
Letter from Parker, Covert & Chidester dated September 26, 1994
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
AUGUST 30, 1994
CALL TO ORDER
Chairman Meyer called the meeting to order at 7:13 p.m. at the
South Coast Air Quality Management District Office, 21865 East
Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Chairman
Meyer.
ROLL CALL
Present: Chairman Meyer; Commissioners:
Flamenbaum, Schad, and Fong
Also Present: Associate Planner Rob Searcy; Assistant
Planner Ann Lungu; Interim City Attorney
Michael Montgomery; Engineer Consultant
Mike Myers; Administrative Secretary
Marilyn Ortiz; and Consultant Karen
Warner
Absent: Vice Chairwoman Plunk and Community
Development Director James DeStefano
Commissioner Flamenbaum arrived at 7:28
p.m.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
Max Maxwell, 3211 Bent Twig Lane requested the public be
allowed to participate in the discussion of the Land Use
Element.
Wilbur Smith, 21630 Fair Wind Lane suggested the service
stations make available restrooms, air, and water for the
motoring public. He further stated on page V-15 of the
Circulation Element, he would like to include Highway 71 as
a route to Chino Hills and exclude comments with regard to
Chino Hills since it is not part of Diamond Bar.
Martha Bruske, Diamond Bar stated the Planning Commission
does not allow public time to answer Planning Commission
decisions.
Responding to the public comments, Chair Meyer stated the
forum agreed upon at the beginning of the General Plan
process was to open a Public Hearing at the beginning of
August 30, 1994 Page 2 Planning Commission
each session and after closing the Public Hearing, a
discussion would be held by the Planning Commission. And,
while there may not be consensus between the public and
Planning Commission, it is the job of the Planning
Commission to make a recommendation to the City Council.
There will be a second opportunity for the public to comment
prior to adoption of the recommendation as a final action of
the Planning Commission.
Responding to Mr. Smith's comments, C/Schad agreed that
there could be coin operated facilities to serve the
motoring public.
Chair/Meyer stated the consensus of the Planning Commission
is that the question of public motoring facilities could
more appropriately be dealt with at the time of a
conditional use permit and not as a General Plan or policy
issue. In addition, Grand Avenue is the only access to
Chino Hills within Diamond Bar corporate boundary and sphere
of influence and Mr. Smith indicated he wanted the Planning
Commission to confine the review to the corporate boundary
and sphere of influence. Speaking to the issue east/west
travel on Highway 71 is a regional topic.
Chair/Meyer declared the Public Comment portion of the
meeting closed at 7:32 p.m.
CONTINUED PUBLIC BEARING:
1. ADOPTION OF THE 1994 DRAFT GENERAL PLAN
A. CIRCULATION ELEMENT
A motion was made by C/Schad to add Strategy 2.1.12 on
Page V-29 to read: Explore the feasibility of
interconnected pedestrian hiking trails. The motion
was carried unanimously.
C/Fong suggested the following changes/corrections:
Page V-3, paragraph 6, spell out LOS as Level of
Service (LOS).
Page V-4, last line, second paragraph, add
"average" so the sentence reads: "Table V-1
presents the maximum average daily volume of
various roadway configurations for different
levels of service.
August 30, 1994 Page 3 Planning Commission
Page V-5, Table V-1 heading, add (LOS); and to the
second table add (LOS) to read: "Level of Service
(LOS) Interpretation".
Page V-6, second paragraph, coordinate with Table
V-1. Staff is directed to rework the paragraph
leaving in the reference to the school site.
Page V-6, listing under c.2 Roadway Average Daily
Traffic, correct Brea Canyon Road north of
Pathfinder Road level of service ratio.
Page V-6, second line from bottom of the page
indicate the meaning of "yellow" ie: yellow light
or traffic signal, etc. EC/Myer will reword.
Page V-8, realign table heading "Los Angeles
County Classification", and delete "Roadway
Improvement Stds. (ft.) column. EC/Myer concurs.
Page V-9 heading V/C, add footnote to explain.
EC/Myer will spell out. Change location heading
in left column from Colima Road to Golden Springs
Drive.
Page V-9, V-10 and V-11, Table V-3, add reference
data footnotes.
Page V-13, add a reference data footnote.
Where Colima Road appears, change to Golden
Springs Drive.
Page V-14 remove DKS Associates legend and spell
out LOS legend at the bottom of the page.
Page V-17, 2. a. Transit Services: second
paragraph, correct grammar in second sentence.
Under 3. Railroad Lines, Southwest Chief line is
serviced through Fullerton Amtrak station. Strike
the second sentence and insert Southwest Chief
line after San Diegans line so the sentence reads:
"The Fullerton Amtrak station, which serves the
San Diegans line and the Southwest Chief line. is
located at the corner of Santa Fe and Harbor
Boulevard and is approximately 13 miles to the
southwest." Reword the second paragraph to read:
"Diamond Bar is served by the Metrolink Commuter
August 30, 1994 Page 4 Planning Commission
Rail station along the Union Pacific Railroad at
Brea Canyon Road just north of State Route 60."
Page V-18, a. Bicycle Routes, second paragraph,
fourth sentence, insert "on" so the sentence
reads: "Parking is not permitted within the bike
lanes except on Golden Springs Drive near Brea
Canyon Road, and on the northbound lane of Diamond
Bar Boulevard between Montefino Avenue and Grand
Avenue."
Page V-18, second paragraph from the bottom,
strike the double underline from "owned and
maintained by the County" since no changes were
made.
Page V-23, questioned the number of dwellings in
sentence 1 under 1. Future Development in Diamond
Bar. Under 1. Future Development in Diamond Bar,
Issue Analysis: insert "or improve" so the
sentence reads: "The City needs policies to
address impacts to all streets in Diamond Bar and
to maintain or improve roadway level -of -service
standards."
Page V-28, Strategy 1.3.5 should have a decimal
following the 3.
RECESSED: Chair/Meyer recessed the meeting at 8:30 p.m.
RECONVENED: Chair/Meyer reconvened the meeting at 8:50 p.m.
CONTINUED PUBLIC HEARING:
1. ADOPTION OF THE 1994 DRAFT GENERAL PLAN
B. LAND USE ELEMENT
The consensus of the Planning Commission is to continue
the public hearing portion of the Land Use Element to
September 12, 1994.
AP/Searcy reported the Land Use Element is driven by
all of the other elements. Since it is the wish of the
Planning Commission to continue the hearing to
September 12, 1994, staff defers giving the report
until that time.
August 30, 1994 Page 6 Planning Commission
INFORMATION ITEMS: - None
A motion was made by C/Schad and seconded by
C/Flamenbaum to adjourn the meeting. The motion was
carried unanimously.
Chair/Meyer declared the meeting adjourned at 9:25 p.m.
Respectfully,
James DeStefano
Secretary
Attest:
David Meyer
Chairman
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 12, 1994
CALL TO ORDER
Chairman Meyer called the meeting to order at 7:07 p.m. at the
South Coast Air Quality Management District Office, Diamond Bar,
California.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Chairman
Meyer.
ROLL CALL
Present: Chairman Meyer; Vice Chairwoman Plunk;
Commissioners: Flamenbaum, Schad, and
Fong
Also Present: Community Development Director James
DeStefano; Associate Planner Rob Searcy;
Assistant Planner Ann Lungu; Interim
City Attorney Michael Montgomery;
Engineer Consultant Mike Myers;
Administrative Secretary Marilyn Ortiz;
and CBA Consultant, Don Cotton
Absent: None
Commissioner Fong arrived at 7:12 p.m.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR - Minutes of July 16, 1994 and July 18, 1994
C/Flamenbaum stated in several instances he was referred to
as the Chairman and asked that he be correctly identified.
Motion was made by C/Schad and seconded by VC/Plunk to
approve the minutes as amended. Motion was carried 4-0 with
the following roll call:
AYES: COMMISSIONERS: C/Schad, VC/Plunk,
C/Flamenbaum, Chair/Meyer
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Fong
CONTINUED PUBLIC HEARING:
September 12, 1994 Page 2 Planning Commission
1. ADOPTION OF THE 1994 DRAFT GENERAL PLAN
A. CIRCULATION ELEMENT
Gary Neely, 344 Canoe Cove Drive, stated the Planning
Commission has not fulfilled the mandate of the
Circulation Element. This document does not
acknowledge or identify a known problem with the
infrastructure surrounding the new high school
construction, nor does it present a comprehensive
transportation plan to accommodate the needs of the
community.
He further stated that in the case of Tonner Canyon
Road, according to the agreement to mitigate the Grand
Avenue Agreement with San Bernardino County prior to
incorporation of the City, Diamond Bar is currently in
default. If the Circulation Element is not changed, it
will either be an admission of fraud or a willful act
to breach the contract.
Mr. Neely indicated the 1989 Grand Avenue agreement was
used to placate the residents who vehemently opposed
the opening of Grand Avenue. In his opinion, the
Planning Commission document does not keep this pledge.
In fact, it purposely breaks that pledge. He suggested
the Planning Commission reinstate the Traffic and
Transportation Commission verbiage as it pertains to
the eventual construction of Tonner Canyon Scenic
Highway. This road was not only promised to the
citizens of Diamond Bar; it is the only professionally
documented solution to the traffic problems.
Additionally, Mr. Neely pointed out the Traffic and
Transportation Commission Circulation Element did not
send the road through Tonner Canyon. It was argued
that if this road was built, it should not infringe
upon SEA No. 15. As the road was presented to the
Planning Commission by the Traffic and Transportation
Commission, it did not, and in his opinion, this
presentation is a compromised document.
Regarding the response to comments section of the EIR
for Diamond Ranch High School prepared by the Planning
Network for the Pomona Unified School District, Mr.
Neely stated the reference to the General Plan no
longer exists. He requested the Planning Commission
adopt the Traffic and Transportation Commission
September 12, 1994 Page 3 Planning commission
verbiage as written in the approved Circulation Element
entitled "Major Circulation Issues". Additionally, he
requested the Planning Commission adopt all Traffic and
Transportation Commission suggested changes to the
Goals, Objectives and Strategies section of the
Circulation Element.
C/Flamenbaum asked Mr. Neely how he would balance
placing a multi -lane road through Tonner Canyon with
the concept of keeping Diamond Bar rural. Secondly, he
asked if Mr. Neely was willing to stand up and say with
absolute certainty that the alignment the Traffic and
Transportation Commission inserted for Tonner Canyon
will absolutely, positively, be outside of SEA No. 15.
Following a discussion, Mr. Flamenbaum requested a copy
of the Traffic and Transportation Commission map.
Chair/Meyer indicated he would like to continue with
the Draft General Plan and to review the document and
make a recommendation to the City Council. The City
Council may or may not follow the recommendations of
the Planning Commission. What the Commission is doing
in this format, he continued, is collecting and
analyzing information, putting it into document form,
and passing it along to the City Council. He
emphasized the Planning Commission makes no binding
decisions regarding the document.
Chair/Meyer further stated he supported the Circulation
Element as it is currently drafted and that nothing in
the recommendation would preclude the review of a road
through, near, or around Tonner Canyon in the future.
Such an alignment would be supported by in-depth
environmental review, engineering information and full
scope information.
In summary, Chair/Meyer stated the Planning Commission
has done nothing to deny access to the high school and
does not understand the relationship to a road through
Tonner Canyon.
Mark Hopper, 1125 Grubstake Drive stated he was alarmed
to hear that a Tonner Canyon road is not included in
the General Plan. The impact of traffic has severally
impeded the access to Grand Avenue from side streets,
and it is imperative that the City have alternate
traffic routes such as Tonner Canyon.
September 12, 1994 Page 4 Planning commission
C/Flamenbaum referred Mr. Hopper to the August 30, 1994
Circulation Element, Page V-25, Element 4.
Yon Kang, 24239 Delta Drive, stated he is sick of the
traffic. Approximately 70 percent of the traffic
coming from Chino Hills makes a left turn onto Diamond
Bar Boulevard. He requested the Planning Commission
please consider alternate routes for non-residents.
Wilbur Smith, 21630 Fairwind Lane feels people have
spoken out against Tonner Canyon Road and does not
believe it is the answer to traffic problems. He
stated if there is a provision for a road through
Tonner Canyon in the General Plan, there will be
organized resistance.
Ron Clark, 20940 Ambushers stated he is in favor of a
by-pass road and would like the Planning Commission to
leave in the language to maximize review of alternative
traffic routes.
In response to Chair/Meyer, Ron Clark indicated he
would support a proposed through -road on a map with an
access to the Diamond Ranch High School.
Virginia Sylkowski, 667 Fox Haven Place, addressing the
high school access issue, stated she did not want it
related in any way to Tonner Canyon. She suggested
arterial access to the high school and on to Pomona
could be from Golden Springs Drive with controls to
protect the neighborhoods. North Diamond Bar is not
particularly rural and it is not a pristine
environment; however, there is need to protect the
environment that exists. She requested the Planning
Commission members drive Gold Rush Drive to Deepsprings
Drive, and Carpio Drive to Deepsprings Drive, so they
can see first hand the potential safety hazards. Mrs.
Sylkowski reiterated the Planning Commission is charged
with addressing the Diamond Ranch High School access
and the protection of the surrounding neighborhood in
the General Plan.
C/Flamenbaum referred Mrs. Sylkowski to Page V-29,
Strategy 1.3.4 and Page V-30, Strategy 2.2.2.
Mrs. Sylkowski responded the verbiage is too weak. She
offered to organize a citizen's committee to address
the issue, gain input and return to the Planning
September 12, 1994 Page 5 Planning Commission
Commission with suggested verbiage.
C/Flamenbaum stated the school district is a separate
governmental agency and can build a 6,000 seat stadium
with three parking places. The City has no control
over the school district and Mrs. Sylkowski may wish to
contact them direct regarding their plans.
Mrs. Sylkowski responded she learned from Sue Sisk,
Diamond Bar Booster Club, that the school district is
willing to satisfy the legal requirements for access
routes for emergency vehicles and feels it is the
responsibility of the Planning Commission to set the
parameters.
CDD/DeStefano stated he is unaware of any ongoing
discussions between the City of Diamond Bar and the
Pomona School District. The issues currently being
discussed involve location, timing, and funding. All
discussions have indicated the access will be through
single family neighborhoods before entering the road
direct to the school property.
Terry Halderman, 23404 Sand Ridge Road encouraged the
Planning Commission to consider the Traffic and
Transportation Commission version. He feels the
current verbiage in the General Plan is too vague.
RECESSED:
RECONVENED:
Chair/Meyer recessed the meeting at 8:32 p.m.
Chair/Meyer reconvened the meeting at 8:45 p.m.
Bob Huff, 1641 Firehollow Drive indicated the best way
to design a road is to have traffic engineers discuss
the issue as the Traffic and Transportation Commission
has done. The 1989 Parson, Brinkerhoff study indicated
a road should be put down the middle of Tonner Canyon.
He cited Page V-28, Strategy 1.1.4 and asked why
verbiage was added to GPAC's restrictive recommendation
to "incorporate no major road through Tonner Canyon".
He indicated he favors the Tonner Canyon road over
increased residential traffic through the City.
In response to VC/Plunk, CE/Meyers stated there was
discussion by the Traffic and Transportation Commission
indicating a roadway through Tonner Canyon would flow
the traffic to central Chino incorporating a greater
number of users, whereas, Soquel and Carbon Canyon
September 12, 1994 Page 6 Planning Commission
roadways are further to the south and would provide a
better alignment into Orange County only, rather than
into both Orange County and Los Angeles County.
Responding to VC/Plunk, CE/Meyers stated the Diamond
Ranch High School issue was placed on the Traffic and
Transportation Commission agenda. The school district
plans to house approximately 2400 students. A first
phase is for planned construction to house 1200
students with access from the Chino Hills Parkway
(easterly side of the project). With the second phase
the school district would want a second access. He
stated a considerable number of students would be drawn
from the Diamond Bar populous.
C/Schad stated Diamond Bar High School is comparable
to the number of students and vehicles anticipated at
Diamond Ranch High School.
Chair/Meyer indicated a reluctance to draw a line on
the map. While options are crucial, this concept is
premature. The Planning Commission is under time
constraints and this may be more appropriate to address
at the time of a Specific Plan for Tres Hermanos.
Gary Neely again addressed the Planning Commission with
respect to traffic, citing the proposed Tonner Canyon
road disclosed on the Parson, Brinkerhoff map.
Max Maxwell, 3211 Bent Twig Lane takes exception with
Mr. Neely's statements and asks that the Planning
Commission proceed with the adoption of the proposed
Draft General Plan.
Donald Gravdahl, 23988 Minnequa Drive stated the
biggest problem Diamond Bar faces, and will continue to
face, is traffic. The Diamond Ranch High School and
Tonner Canyon are two separate items which effect one
issue, the traffic. The EIR for the proposed high
school indicates 400 trips per day in and out of
Deepsprings Drive. With the first phase of the school,
there will be an additional 150 trips per day. He
asked the Planning Commission to strengthen the
verbiage with respect to the proposed high school.
Barbara Beach-Courchesne, 2021 Peaceful Hills Road
stated she is concerned with blatant attempts on the
part of citizens to manipulate the Planning Commission,
September 12, 1994 Page 7 Planning commission
and while she supports all citizen's right to opinion,
all schools have major gridlock. She further stated
while she has been opposed to many decisions made by
the Planning Commission, she will accept the decisions
and take her opposition to the City Council. To argue
with Planning Commission members, to use City On -Line
to make insulting and obscene remarks regarding
Commission members, is inappropriate and
unprofessional. Tonner Canyon and Diamond Ranch High
School are two separate issues.
She further stated there are approximately 1700 schools
in Los Angeles County and they all have gridlock at
peak hours. She agrees with C/Flamenbaum that Grand
Avenue is an example of promised relief that never
happened. The agreement the City had with Chino Hills
was for San Bernardino County to work with Diamond Bar
to solve the traffic problems; however, they have not
done so. Mr. Chavers agreed that this is a snake oil
agreement. Mrs. Beach-Courchesne requested the
Planning Commission recommendation be submitted to the
City Council as other recommendations have been
written.
Chair/Meyer declared the Public Hearing closed and opened
the Planning Commission discussion on the Circulation
Element.
A motion was made by VC/Plunk and seconded by Chair/Meyer
for the following verbiage with respect to Page V-28,
Strategy 1.1.4: "Proactively work with adjacent
jurisdictions in the evaluation of environmentally sensitive
regional transportation corridor options and their potential
funding mechanisms. Acceptable corridor or corridors will
recognize environmental sensitivity by avoiding the
disruption of SEA No. 15 and will not go through Tonner
Canyon, but around it."
In response to C/Flamenbaum, CDD/DeStefano referred the
Planning Commission to the Resource Management Element, Page
2, Existing Conditions, discusses the portion of Tonner
Canyon within the City's Sphere of Influence and later
discusses that portion as the middle 3600 acres of Tonner
Canyon, a portion of which is considered a Significant
Ecological Area due to its wealth of biological resources.
He further stated the General Plan refers to the area north
of Grand Avenue as "Tres Hermanos Ranch".
September 12, 1994 Page 8 Planning Commission
Responding to C/Fong, CDD/DeStefano stated there are
approximately 10,000 acres considered to be Tonner Canyon:
approximately 3,000 within Chino Hills; approximately 3,600
acres within Diamond Bar, and approximately 3,000 within
Brea. Diamond Bar controls, through the General Plan, the
middle portion of the 10,000 acre area.
C/Flamenbaum called for the question with regard to
VC/Plunk's motion. The motion failed 3-2 with the following
roll call:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
VC/Plunk, Chair/Meyer
Fong, Schad, Flamenbaum
None
None
A motion was made by C/Shad and seconded by C/Fong that
Strategy 1.1.4, Page V-28 to remove the word "major" so that
the strategy now reads: "Such considerations will
incorporate no road through Tonner Canyon." The motion
failed 3-2 with the following roll call:
AYES: COMMISSIONERS: Schad, Fong
NOES: COMMISSIONERS: Chair/Meyer, VC/Plunk,
Flamenbaum
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
RECESS: Chair/Meyer recessed the meeting at 10:15 p.m.
RECONVENE: Chair/Meyer reconvened the meeting at 10:20 p.m.
C/Fong suggested the following changes under the Circulation
Element;
Page V-5, add data reference to LOS.
Page V-6, middle of page indent, line 4, "Brea Canyon
Road north of Pathfinder Road (1.01)" does not
correlate with table V-3.
Page V-6, last paragraph, second line from the bottom,
the word yellow needs to have a definition. CE/Meyers
indicated yellow is correct according to the vehicle
code. C/Flamenbaum suggested a capital "Y".
Page V-9, V-10, V-11, Table V-3, delete (Without Tonner
Canyon Road) from the heading and add as a footnote
September 12, 1994 Page 9 Planning Commission
under c), Page V-11, insert sentence to read: "This
Traffic Forecast model (TF model) did not include any
new bypass roadway corridor for the determination of
the future average daily volume." In addition, put
spaces between "Existing" and "Future" on page V-11 so
that the table looks like pages V-9 and V-10. Correct
footnote c) on Page V-11 to read "Future averaqe daily
volume represents a 1991 projection of year 2010
traffic conditions made by application of a Traffic
Forecast Model developed by DKS Associates."
Page V-10, the figures under "s/o Pathfinder Road" do
not correlate with the LOS in Table V-6.
Page V-14, needs a reference
CE/Meyers indicated that item
Volume -to -Capacity ratio from
service interpretation."
Page V-15, label graphics.
date for the data.
1 should read: "Based on
m Table V-1, level of
Page V-17, in the second from the last paragraph after
by-pass corridor, delete "in and" so the sentence
reads: "By nature of the location of the by-pass
corridor around the SEA No. 15, the corridor should be
for regional traffic and should not encourage local
access for adjacent development except as required by
safety and emergency access requirements."
Page V-18, second paragraph under a. Transit Services:
remove comma after Route 482 and insert "and" so that
the sentence reads: "Two fixed route transit lines
serve the City of Diamond Bar: Foothill Transit Route
482 and MTA Route 490.
Page V-18, second paragraph from the bottom of the
page, second line, correct spelling of Amtrak.
Page V-18, last paragraph, remove "has been" from the
first line so the sentence reads: "Diamond Bar is
served by a Metrolink commuter rail station recently
implemented along the Union Pacific Railroad at Brea
Canyon Road, just north of State Route 60."
Page V-19, second paragraph from the bottom of the
page, the last sentence was inadvertently deleted.
Reinsert "Figure D-3 shows designated bicycle routes in
the City of Diamond Bar."
September 12, 1994 Page 10 Planning Commission
Page V-19, the last paragraph should replace the first
paragraph at the top of V-20.
Page V-22, first paragraph under C. Circulation Issues,
1. Future Development in Diamond Bar, first line,
verify the correct number of dwelling units is 700.
Page V-28, 7. Surrounding Roadway Systems Impacting the
City, add a third bullet under ISSUE ANALYSIS: to read:
"Improve the present capacity of Route 142, Carbon
Canyon Road."
Page V-28, Strategy 1.1.7 add (e) to read as follows:
"Improve present capacity of State Route 142.
Page V-29, Strategy 1.3.4, add "proposed future" so the
sentence reads: Minimize impacts of roadways serving
the proposed future Diamond Ranch High School site on
surrounding residential neighborhoods." Chair/Meyer
asked for roll call with the result as follows:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Fong, Schad, Flamenbaum,
Chair Meyer
VC/Plunk
None
None
CDD/DeStefano suggested adding Strategy 2.2.3, Page V-30 to
read as follows: "Coordinate with the Pomona Unified School
District and City of Industry Urban Development Agency to
ensure the timely design and construction of connector
roadways to the Diamond Ranch High School site."
Motion was made by C/Flamenbaum and seconded by C/Schad to
accept the Circulation Element as amended. The motion was
carried unanimously.
PLANNING COMMISSION ITEMS: - None
INFORMATIONAL ITEMS:
CDD/DeStefano stated the City is currently recruiting a
Planning Intern and a part time Code Enforcement officer.
Approximately 70 applications have been received. It is
anticipated that these positions will be filled by the next
Planning Commission meeting.
CDD/DeStefano further stated the South Pointe Middle School
September 12, 1994 Page 11 Planning Commission
project grading began approximately three weeks ago and is
scheduled to be completed in about two months.
He further indicated the City is in the process of
determining a new source for the transcription services for
Planning Commission, Parks and Recreation, Traffic and
Transportation, etc. This project will go to City Council
for award the first meeting in October in anticipation of
having a full time source for minute taking by the middle of
October.
CDD/DeStefano confirmed his meeting with the developers of
Tract 47850 September 13 to schedule tasks in order to get
the project before the Planning Commission and the City
Council.
C/Flamenbaum objected to a joint City Council/Planning
Commission meeting. The Planning Commission members
concurred. He asked that this sentiment be passed on to the
City Council.
CDD/DeStefano raised the issue of working with other
commissions.
Chair/Meyer declared the meeting adjourned to Thursday,
September 22, 1994 at 6:00 p.m. The meeting adjourned at
11:05 p.m.
Respectfully,
James DeStefano
Secretary
Attest:
David Meyer
Chairman
' City of Diamond Bar
DIAMOND 11,111 ,l 21660 E. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177
(909) 860-2489 • Fax (909) 861-3117
NOTICE OF SPECIAL MEETING
NOTICE IS HEREBY given that the Diamond Bar City Council Finance Sub -
Committee will hold a special meeting on Thursday, February 16, 1994, 4:00 p.m. to
5:00 p.m., at Diamond Bar City Hall, 21660 E. Copley Drive, Suite 100, Diamond
Bar, California, for the purpose of discussion of Warrant Register dated February 21,
1995.
FOR FURTHER INFORMATION, please contact the office of the City
Manager at (909) 396-5666.
Phyllis E. Papen
Mayor DATED: February 14, 1995
Gary H. Werner
Mayor Pro Tem
Eileen R. Ansari
Council Member CITY OF DIAMOND BAR
Clair W. Harmony
Council Member /s/ Lynda Burqess
Gary G. Miller Lynda Burgess, City Clerk
Council Member
Recycled paper
Notice
Council, at
meeting to
Auditorium,
California.
AYES:
NOTICE OF ADJOURNMENT
is hereby given that the City of Diamond Bar City
their meeting of February 13, 1995, adjourned said
February 16, 1995 at 6:00 p.m., in the AQMD
located at 21865 E. Copley Drive, Diamond Bar,
Said adjournment was passed by the following votes:
COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
Dated: February 14, 1995
Ansari, Harmony, Miller
MPT/Werner and M/Papen
None
None
/s/ Tommye A. Cribbins
Tommye A. Cribbins,
Deputy City Clerk
City of Diamond Bar
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS.
CITY OF DIAMOND BAR )
The Diamond Bar City Council will hold a General Plan Public
Hearing at the South Coast Air Quality Management District
Auditorium, located at 21865 E. Copley Dr., Diamond Bar,
California at 6:00 p.m., on Tuesday, February 16, 1995.
Items for consideration are listed on the attached agenda.
I, TOMMYE CRIBBINS, declare as follows:
I am the Deputy City Clerk in the City of Diamond Bar; that
a copy of the Notice for the General Plan Public Hearing of the
Diamond Bar City Council, to be held on February 16, 1995 was
posted at their proper locations.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is true and correct and
that this Notice and Affidavit was executed this 14th day of
February, 1995, at Diamond Bar, California.
/s/ Tommye Cribbins
Tommye Cribbins,
Deputy City Clerk
City of Diamond Bar
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 22, 1994
CALL TO ORDER
Chairman Meyer called the meeting to order at 6:05 p.m. at the
South Coast Air Quality Management District Office, Diamond Bar,
California.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Chairman
Meyer.
ROLL CALL
Present: Chairman Meyer; Vice Chairwoman Plunk;
Commissioners: Flamenbaum, Schad, and
Fong
Also Present: Community Development Director James
DeStefano; Associate Planner Rob Searcy;
Assistant Planner Ann Lungu; Interim
City Attorney Michael Montgomery;
Engineer Consultant Mike Myers; and
Administrative Secretary Marilyn Ortiz
Absent: None
VC/Plunk arrived at 6:17 p.m.
C/Flamenbaum arrived at 8:00 p.m.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONTINUED PUBLIC HEARING:
1. ADOPTION OF THE 1994 DRAFT GENERAL PLAN
A. LAND USE ELEMENT
CDD/DeStefano stated the Land Use Element and the densities,
which are part of the classifications, have created concerns
with respect to the number of dwelling units which may be
built over the next twenty years. GPAC spent the majority
effort on the Land Use Element and made a number of changes
within the document. With respect to the text, GPAC added
that both map and deed restricted properties should
ultimately be designated open space. A clause was added
that no deed or map restrictions be lifted unless by a
majority vote of the people. With respect to the hillside
September 22, 1994 Page 2 Planning Commission
areas, GPAC added a slope density formula which impacts the
Housing Element. This formula ranges from one (1) unit per
acre with slopes of ten (10) percent or less to one (1) unit
per 2.75 acres on slopes of thirty (30) percent or more.
The most significant changes are to the map and deed
restricted properties. In the previous plan, several were
classified as residential or planned development; all are
now proposed to be open space. Several changes are
recommended for the text; however, no changes are
recommended for the uses within those classifications.
Tres Hermanos Specific Plan property and the sphere of
•influence are designated agricultural. As a result of the
density classifications indicated in the Land Use Element,
approximately 700 new dwelling units are proposed over the
next twenty years.
GPAC determined that density transfers were not a part of
City policy and needed to be approved by a vote of the
people in a general election.
The Land Use Element carries no more weight than any other
element. It is, however, the focus of most public opinion
and comment, with the greatest attention paid to the map.
In a court of law, however, each element is equal and the
General Plan must be internally consist.
The Land Use Element prescribes the land uses for the
community over the life of the General Plan. It discuss
density and intensity from which comes population figures,
review of traffic and transportation issues, as well as
level of service issues which are generated from the
theoretical land use classifications.
Chair/Meyer declared the public hearing open.
Wilbur Smith, 21630 Fairwind Lane suggested adding strategy
2.3.3, Page I-20 to read: "Require new housing developments
to provide one-half (1/2) acre of land for every 25 single
family residence and every 50 condominium units with
landscaping for a playground. Thereafter, the area will be
maintained by the City."
Barbara Beach Courchesne, 2021 Peaceful Hills Road indicated
that the citizens are very concerned with the Land Use
Element.
September 22, 1994 Page 3 Planning Commission
Chair Meyer declared the public hearing closed.
VC/Plunk stated that she has reviewed the tapes from the
previous meetings and is aware of the public comments. She
suggested that "town and country" atmosphere be used in
place of "country living".
CDD/DeStefano stated there are three ways to pay for
services: Through taxes for services; reduce the services;
and, incur new taxes through development. He stated that
with current State laws, many cities are focusing on sales
tax generation which is a significant contribution to annual
city revenue. In Diamond Bar it is very significant because
of the structure agreed upon with Los Angeles County through
incorporation. Diamond Bar receives considerably less
property tax dollars than other cities.
CDD/DeStefano emphasized that increasing the level of
services to Diamond Bar and paying for them is a very
critical issue over the next few years.
Chair/Meyer stated the Planning Commission is charged with
the responsibility of making a recommendation to the City
Council regarding a General Plan for Diamond Bar. The GPAC
document as presented to the Planning Commission, will be
presented in its entirety to the City Council. In addition,
the document prepared by the Planning Commission will be
presented to the City Council.
Motion was made by VC/Plunk to change Page I-1, A.
Introduction statement to read: "It is the goal of the City
to retain its town and country atmosphere through land use
policies." Motion died for lack of second.
Motion was made by C/Schad and
the Introduction statement as
with the roll call as follows:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
seconded by C/Fong to leave
is. Voting was deadlocked 2-2
Schad/Fong
VC/Plunk, Chair/Meyer
None
Flamenbaum
Chair/Meyer pointed out several extra spaces to be deleted
under Existing Conditions, last sentence, Page I-1.
VC/Plunk stated on Page I-2, Golden Spring should be Golden
Springs.
September 22, 1994 Page 4 Planning Commission
C/Fong suggested adding "(approximately 800 acres,)" to the
last sentence, Page I-2 so that it reads: "The largest
parcel of vacant land is the Tres Hermanos property,
(approximately 800 acres.) at the northeast corner of the
City, between Grand Avenue and the Pomona (60) Freeway."
Chair/Meyer recommended on Page I-2, third paragraph, last
sentence, inserting "in size" so that the sentence now
reads: "Here, lots may be several acres or more in size,
depending on the severity of the slope. On Page I-2 under
2. Non -Residential Uses, paragraph I, second sentence, add:
"of the City's land area and are" so that the sentence
reads: "Commercial uses occupy approximately two percent of
the City's land area and are mainly located along Diamond
Bar Boulevard and portions of Golden Springs Drive." On
Page I-2, second paragraph, last sentence eliminate the word
"but" so that the sentence reads: "However, a selective
representative survey of local centers indicates the
following FARs are most applicable to Diamond Bar uses, and
can be considered representative for planning purposes:
Commercial = 9.24, Office = 0.38, and Business Park = 0.32."
Page I-2, last paragraph, second sentence, delete "open" so
the sentence now reads: "At present, there are 2,751 acres
of vacant land potentially available for development and/or
preservation."
C/Fong recommended adding the following to Page I-3, last
paragraph, first sentence: "potential development of vacant
land or hills adjacent to the 57 and 60 freeways and the
Union Pacific right-of-way in the City of Industry;
potential development of vacant land south of Brea Canyon
Cutoff and west of 57 freeway and Brea Canyon Road; and
Diamond Ranch High School in Tres Hermanos."
Regarding Page I-4, add "Existing" to the Table Heading so
that it now reads: "City -Wide Existing Land Uses (1993)."
C/Fong suggested adding "Within City Corporate Boundaries"
under TOTAL on Page I-4, and adding dashes (-) to the blank
boxes.
VC/Plunk suggested breaking out "Open Space" from the Table
and CDD/DeStefano indicated staff will assign more
appropriate wording.
Regarding Page I-5, VC/Plunk suggested Vacant Land be a
separate subtitle.
September 22, 1994 Page 5 Planning Commission
With respect to I-7, C/Fong recommended under 1. Land Use
Mix a., using the word "and" in place of ampersand.
Motion was.made by VC/Plunk and seconded by Chair/Meyer to
replace Open with Vacant on page I-7 so that a. now reads:
"Disposition of Remaining Vacant Lands Including, but Not
Limited to, a Determination of Deed and Map Restriction
Status." Motion was deadlocked 2-2 with the following roll
call:
AYES: COMMISSIONERS: VC/Plunk, Chair/Meyer
NOES: COMMISSIONERS: Schad, Fong
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Flamenbaum
Motion was made by Chair/Meyer and seconded by VC/Plunk to
eliminate the last sentence from issue analysis under 1.
Land Use Mix. Motion was deadlocked 2-2 with the following
roll call:
AYES: COMMISSIONERS: VC/Plunk, Chair/Meyer
NOES: COMMISSIONERS: Schad, Fong
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Flamenbaum
Chair/Meyer recommended on Page I-7, under D. Community
Development, all parenthetical items be eliminated so the
sentence reads: "The four major land use issues identified
in the Master Environmental Assessment are: 1) land use
mix; 2) capacities of the natural and man-made environment
to accommodate growth; 3) City image; and 4) local versus
regional needs and short-term versus long-term solutions."
Chair/Meyer further recommended on Page I-7, 1. Land Use
Mix, third sentence, the elimination of "these open" so the
sentence reads: "The survey found that various types of
notations and restrictions had been placed by the County on
the subdivision maps creating certain identified vacant
lands."
Under b. Open Space Definition and Preservation, last
sentence of the first paragraph, eliminate "does" so it
reads: "This General Plan categorizes these different types
of open space areas into distinct and clearly understood
designations."
In addition, Chair/Meyer recommended deletion of "are" from
the first sentence, second paragraph under b. Open Space
September 22, 1994 Page 6 Planning Commission
Definition and Preservation so that it reads: "Presently
undisturbed hillsides, ridgelines and canyon bottoms located
on privately owned property are susceptible to future
development." In the second sentence add "through the use
of techniques" so that it reads: "Therefore, this General
Plan sets forth strategies for land use development that
will preserve significant environmentally sensitive areas
through the use of techniques such as transfer of
development rights and clustering."
Regarding Page I-8, 5th paragraph, C/Fong suggested the
following be eliminated: "However, the post Proposition 13
pendulum may swing some other way in the future, and".
VC/Plunk suggested the sentence be changed to read:
"However, the pro rata share of dollars to municipalities
may shift outside of the City's control."
VC/Plunk suggested the fourth sentence, paragraph six be
changed as follows: Delete "Fortunately,"; "take advantage
of" and add "target; delete "diversity" and add "return" so
that the sentence now reads: "Diamond Bar can target all of
these marketing strategies to maximize its economic return.:
Chair/Meyer suggested on Page I-8, first paragraph, last
sentence, under c. Economics, delete "ultimate" and add in
its place "basic" so that the sentence reads: "City
governments have two basic sources of revenue: local
residents and businesses." Under paragraph 2, last
sentence, insert "dwellings" so that the sentence reads:
"Available data also indicates that lower priced single
family dwellings, condominiums, and other attached multi-
family housing cost proportionately more for services than
they generate revenues."
Also on Page I-8, third paragraph, first sentence, eliminate
"would be in" and insert "is" and eliminate "expanded" and
insert "existing" so that the sentence reads: "A second
source of additional revenue to the City is sales taxes
generated by existing or new local businesses." Second
sentence, eliminate "positive" and replace with "more" and
insert the word "as" so the sentence now reads: "In
general, market research shows that retail commercial uses
generate significantly more municipal revenues as compared
to costs.
September 22, 1994 Page 7 Planning Commission
In the fourth paragraph, first sentence, eliminate "The
third" and add "Potential" and plural "sources" so the
sentence reads: Potential sources of additional revenues
for the City would be new or higher user fees, taxes, or
service assessments."
Chair/Meyer further suggested that "There are four" be
eliminated from the last paragraph, first sentence on Page
I-8 so that it reads: "Fundamental marketing strategies
that cities typically employ, relative to commercial land,
to generate positive municipal revenues/costs are as
follows."
VC/Plunk recommended that under ISSUE ANALYSIS:, Page I-8,
"infrastructures and amenities" be added to the sentence to
read: "There is a need to encourage a variety of new or
expanded commercial uses and other non-residential
development, as well as investigate other funding
mechanisms, to help finance City services infrastructures
and amenities."
On Page I-9, 3b. Land Use Compatibility, second sentence,
eliminate "At the same time" so the sentence reads, "There
are outside pressures on the City to help solve regional
traffic problems." and add a sentence directly following
which reads: "At the same time, there are outside pressures
on the City adversely affecting the City due to outside
regional development and traffic."
RECESS: Chair/Meyer recessed the meeting at 8:10 p.m.
RECONVENED: Chair/Meyer reconvened the meeting at 8:20 p.m.
C/Flamenbaum suggested adding to the issue analysis under b.
Infrastructure Capabilities, "the anticipated increase in
traffic" and to eliminate "to continue" and add in its place
"to enhance" so the sentence reads: "There is a need to
plan now for the anticipated increase in traffic, the
maintenance of existing facilities, fund new facilities, and
support future services to enhance the quality of life in
Diamond Bar."
Chair/Meyer recommended deleting the last sentence from 3b.
Land Use Compatibility on page I-9.
C/Flamenbaum recommended adding "from incompatible land
uses" to the Issue Analysis under 3b, page I-9 so the
September 22, 1994 Page a Planning Commission
sentence reads: "There is a need to protect the character
of existing neighborhoods from incompatible land uses."
With respect to Page I-10, issue analysis under 4a, delete
"strong desire" and add in its place "need" and add "and
local activities" so the sentence reads: "There is a need
to prevent regional commuter traffic from impacting local
traffic and local activities."
Page I-10, Strategy 1.1.1 is deferred to the Monday,
September 26, 1994 Planning Commission meeting for
discussion.
Motion was made by C/Flamenbaum to eliminate the verbiage on
Page I-12, beginning with "all building restrictions"
including all of a) and b). Chair/Meyer stated the
provision of water structures to sustain wildlife will be
considered during the development review. Motionn carried
unanimously 5-0.
Motion was made by C/Flamenbaum and seconded by VC/Plunk to
delete the last sentence under strategy 1.1.9. on page I-13.
Motion carried unanimously 5-0.
Within strategy 1.1.10, strike the first sentence and change
the second sentence to read: "Within the Acrricultural (AG)
designation, permit agricultural and compatible open space,
public facility, and recreation uses..."
Under strategy 1.2.1, correct WHERE APPROPRIATE to lower
case.
Motion was made by C/Fong and seconded by C/Schad to add
1.2.3 c. "Minimize grading to retain natural vegetation and
topography" Motion was carried 4-1 with the following roll
call:
AYES:
COMMISSIONERS:
Fong, Schad, Flamenbaum,
Chair/Meyer
NOES:
COMMISSIONERS:
VC/Plunk
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
Regarding Page I-14, a motion was made by VC/Plunk to add
the following verbiage to strategy 1.2.6: "consistent with
the parks masterplan." Motion died for lack of second.
September 22, 1994 Page 9 Planning commission
VC/Plunk recommended "include uses" and "such as" to
strategy 1.3.3 a. on Page I-14 so that the sentence now
reads: "Typical uses in the Commercial Office category
include uses such as general retail, specialty retail,
markets, food and drug stores, commercial services,
restaurants, automotive repair and service, hardware and
home improvement centers, recreation, professional and
business offices, financial institutions, medical offices,
and real estate offices."
The Planning Commission members concurred that the Land Use
Map will be discussed Monday, September 26.
With respect to Page I-15, VC/Plunk suggested the following
revision of strategy 1.3.4, second sentence: Strike "which
generate sales tax revenues to the City" and add "should be
allowed subject to standards enacted to protect the privacy
and residential character of the neighborhood" so the
sentence reads as follows: "Residentially compatible home
occupations where consistent with other provisions of the
General Plan and Development Code should be allowed subject
to standards enacted to protect the privacy and residential
character of the neighborhood."
Motion was made by Chair/Meyer and seconded by C/Flamenbaum
to strike 1.3.5 c. and d. on Page I-15. The motion was
carried 4-1 with the following roll call:
AYES: COMMISSIONERS: Chair/Meyer, Flamenbaum,
Schad, VC/Plunk
NOES: COMMISSIONERS: Fong
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
C/Schad indicated that an "s" should be added to program in
strategy 1.3.7.
On Page I-16, strategy 1.4.2 VC/Plunk suggested adding "and
public amenities" so that it reads: Promote joint
development and use of parks and open space facilities with
adjacent jurisdictions; promote development of joint
school/park sites and public amenities."
On'strategy 1.4.1, capitalize "Map" in the second line and
add a period after "purposes."
September 22, 1994 Page 10 Planning Commission
Chair/Meyer suggested adding to strategy 1.4.6 and 1.4.7,
add "to include arterial highway access to the future
schools."
Motion was made by C/Flamenbaum and seconded by VC/Plunk to
remove the second sentence from strategy 1.5.1. The motion
was carried 3-2 with the following roll call:
AYES:
COMMISSIONERS:
Flamenbaum, VC/Plunk,
Chair/Meyer
NOES:
COMMISSIONERS:
Fong, Schad
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
Motion was made by C/Flamenbaum and seconded by VC/Plunk to
eliminate strategy 1.5.2. The motion was carried 3-2 with
the following roll call:
AYES:
COMMISSIONERS:
Flamenbaum, VC/Plunk,
Chair/Meyer
NOES:
COMMISSIONERS:
Fong, Schad
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
Regarding Page I-17, a motion was made by C/Schad and
seconded by C/Flamenbaum to reinstate strategy 1.5.2 to
read: "Require a public hearing prior to any action which
would change existing covenants, restrictions or dedications
on open space lands." Motion was carried 5-0.
C/Flamenbaum suggested that Open Space be capitalized in
strategy 1.5.3.
At the recommendation of VC/Plunk, staff was directed by the
Planning Commission to come up with a new 1.5.3 and add a
strategy to rank Open Space program and Open Space land
through acquisition by importance.
Chair/Meyer recommended under strategy 1.5.4, strike "or a
property owner" and add "transferring of" so the sentence
reads: "To preserve significant environmental resources
within proposed developments, allow clustering or
transferring of all or part of the development potential of
the entire site to a smaller portion of the site, thus
preserving the resources as open space, and mandating the
dedication of those resources to the City or conservancy.
September 22, 1994 Page 11 Planning Commission
Motion was made by C/Flamenbaum and seconded by Schad to
strike strategy 1.5.5, and add "or land entitlements" to
strategy 1.5.2. Motion was carried 5-0.
Motion was made by C/Schad and seconded by C/Fong to adjourn
to Monday, September 26, 1994 to wrap up Land Use Element
with any final changes carried over to Tuesday, September
27, 1994. Motion was carried 5-0.
Chair/Meyer declared the meeting adjourned at 10:05 p.m.
Respectfully,
James DeStefano
Secretary
Attest:
David Meyer
Chairman
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 26, 1994
CALL TO ORDER
Chairman Meyer called the meeting to order at 7:04 p.m. at the
South Coast Air Quality Management District Board Room, 21865 E.
Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Chairman Meyer.
ROLL CALL
Present: Chairman Meyer; Vice Chairwoman Plunk;
Commissioners: Flamenbaum, Schad, and Fong
Also Present: Community Development Director James
DeStefano; Associate Planner Rob Searcy;
Assistant Planner Ann Lungu; Interim City
Attorney Michael Montgomery; Engineer
Consultant Mike Myers; and Administrative
Secretary Marilyn Ortiz.
Absent: None
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
Clayton Parker, Attorney at Law, 17862 East 17th Street,
Tustin, representing the Walnut Unified School District,
presented a letter regarding the proposed Land Use Designation
of a 78 acre parcel and a 20 acre parcel.
Wilbur Smith, 21630 Fair Wind Lane, recommended open space
land use designation for the school property. In addition, he
recommended the rural residential slope density begin at 20
percent and the minimum 1.5 dwelling units per acres.
Oscar Law, 21511 Pathfinder Road, requests a four acre parcel
for a 25,000 square foot senior citizen's center with 300
parking spaces of which 150 are designated handicapped to be
located on Site D of the Southpointe School District property.
He suggested an astrological observatory for the same site.
Max Maxwell, 3211 Bent Twig Lane, recommends open space
designation for the Southpointe school property.
Barbara Beach-Courchesne, 2021 Peaceful Hills Road, opposes
September 26, 1994 Page 2 Planning Commission
granting Southpointe their request.
Steve Nice, 2621 Rising Star Drive, stated the map and deed
restrictions should remain on the South Pointe property and
urges the Planning Commission to keep the parcel designations
as they are and make no changes at this time.
Clay Chaput, Walnut Valley Unified School District, feels that
open space designation prevents the building of a school. The
property was designated residential and the School District
wants this retained.
Responding to VC/Plunk, CDD/DeStefano indicated that the
property is zoned RPD 10,000 6/U, which is a planned unit
development classification.
Chair/Meyer added that the property is map restricted to
prohibit development.
Robert Huff, 1641 Fire Hollow Drive, stated that until the
School District presents a definitive plan, it should not be
discussed.
Chair/Meyer declared the public comment portion of the agenda
closed.
I. NEW BUSINESS
A. PLANNED SIGN PROGRAM NO. 94-7
A request to develop a Planned Sign Program for a commercial
shopping center known as Diamond Bar Town Center, 1155 S.
Diamond Bar Boulevard.
AP/Searcy stated that the applicant is Rick Denman, Signs and
Services Co. , Inc. 10980 Boatman Avenue, Stanton, CA 90680 and
the property owner is Sandra Quilty and Len Stalhandske,
Commercial Center Management, Inc., 2922 Daimler, Ste. #103,
Santa Ana, CA 92705.
The Ranch Center, located in northern Diamond Bar adjacent to
the SR 57 Freeway, is a traditional commercial strip center
developed in the mid 19701's. The center currently has a
significant landmark in the form of a water tower, which
exemplifies the "Country Living" image long identified with
Diamond Bar. The water tower has been a landmark welcoming
highway travelers to the City.
The Ranch Center has evolved from a regional commercial
September 26, 1994 Page 3 Planning Commission
attraction in the 1970's to a predominately vacant commercial
center under the competition from regional malls that were
developed during the 19801s. Today the mall has fallen into
economic hardship and has been under the receivership of the
Resolution Trust Corporation and Commercial Center Management
Co., Inc. as temporary receiver. The center is developed
around a central parking area with buildings on three sides.
The units closest to Diamond Bar Boulevard are afforded the
best exposure to vehicular traffic. The units to the east and
north have limited visual access to Diamond Bar Boulevard.
The center is currently operating with a high vacancy rate.
The major tenants are Thomasville Home Furnishings and
Acapulco Restaurant. The tenants feel they have immediate
need for a sign program to attract more business to the
Center. The Center is currently undergoing numerous upgrades
and the Planned Sign Program is an intrinsic component in the
effort to rescue the Center.
The applicant's proposal includes placing channel letter
signage on the parapet above each unit known as tenant
identification signs and tenant storefront identification
signs located in the arch over the entrance to units. The
sign criteria allows for the maximum 1.25 square feet of
signage per lineal foot of frontage as allowed by the code.
The sign code does, however, restrict the installation of wall
signs to one per use per outer wall. The applicant therefore,
seeks relief from this standard.
The signs incorporated into the architectural raceway are
proposed to be constructed of an aluminum cabinet displaying
a white plexiglass with an opaque background with satin
finish. The copy is to be translucent vinyl with illuminated
fluorescent lamps.
The alternative wall cabinet design is located over the
entrance to each merchant. The aluminum cabinet will display
flex letters on a white plexiglass background painted opaque
with satin finish paint. An aluminum border trims the top of
the cabinet.
Additionally, the applicant is proposing to place a
combination of channel letter signage and wall cabinet signs
on the water tower with the center name, the major tenant and
signage for two additional tenants totaling 143 square feet.
The maximum signage currently allowed by the code allows a
maximum of 72 square feet of signage and restricts the height
of freestanding signs to six feet.
September 26, 1994 Page 4 Planning Commission
The applicant is proposing to incorporate a combination of
information signs. Included within this element of the
program are two illuminated entry signs, 4 feet in height with
4 square feet of sign area. The directional sign is perched
atop a rockriver base and wood pedestal. The aluminum cabinet
encases the white plex face painted green to match the
building trim.
Pursuant to State law, all legal codes related to automobile
restrictions for parking are required to be posted at each
entrance to a commercial site. The applicant has accomplished
this by designing a 7 foot high sign that serves as an
information reader board. The sign proposes to exhibit
handicap and fire lane information as well as directional
parking information. The code does not address this type of
sign but restricts any freestanding sign to 6 feet in height.
Three smaller directional signs constructed of aluminum tubing
with aluminum face painted blue green to match building trim
with white copy are proposed at the center aisle, adjacent to
Thomasville, and at the eastern portion of the interior
parking area. The sign is 4 feet in height with approximately
2.67 square feet of sign area.
All permits are to be approved by the landlord prior to
obtaining approval of the City. The tenant may not display
banners, pennants, balloons, or other similar advertising of
a temporary nature until the applicant has garnered the
necessary approvals of the City. All sign letter faces are
required to be a uniform white translucent. Logo faces and
other face colors are subject to approval by the landlord
although staff would prefer to have the optional colors
stipulated with the Planned Sign Program.
The Planned Sign Program for this center is one of the
applicant's diversified efforts to revive this struggling
commercial center. The sign criteria is largely in
conformance with the existing sign ordinance.
Each unit is allowed a maximum of one wall sign per outer
wall, up to a maximum of 125 square feet. The applicant is
requesting relief from this standard based upon the hardship
related to building orientation to Diamond Bar Boulevard and
the lack of visual access. The applicant has expressed the
need to use parapet signage as a draw from the street and the
tenant storefront sign for identification once in the center.
The applicant far exceeds the 72 square foot provision for
September 26, 1994 Page 5 Planning Commission
freestanding signs by proposing 143 square feet of signage.
This quantity of signage equates to approximately one half the
sign face area of the Diamond bar Honda sign/Burger King
freeway oriented sign. Freeway oriented signage can only be
obtained at the discretion of the Planning Commission for
lodging, food and fuel business uses. The maximum sign area
available for this type of signage is 128 square feet.
Sign type E, proposed at 7 feet in height, is not in
conformance with sign standards. Staff recommends that this
sign be revised to conform to permitted dimensions. The
remaining informational signs are compatible with current sign
standards.
Staff has completed the review of this project in order to
determine the environmental impacts associated with
implementation of the project and has determined that this
Planned Sign Program will not have a significant effect on the
environment and is categorically exempt pursuant to Section
15311 of the California Environmental Quality Act (CEQA).
A Planned Sign Program review by the Planning Commission does
not require a public hearing. Staff recommends that the
Planning Commission approve the Planned Sign Program 94-7 as
amended, Findings of Fact, and conditions as listed with the
resolution.
Rick Denman, Signs and Services Company, Inc., 10980 Boatman
Avenue, Stanton representing Commercial Center Management as
owners stated that the Center has 26 units with 14 vacancies.
The owner has painted, slurry coated the driveway, and
landscaped, and views the signage as a critical detriment to
leasing.
AP/Searcy stated that the current signs are legal and non-
conforming.
CDD/DeStefano indicated that if the sign for the tower is
legally non -conforming, this request would break the non-
conformity, and since the tower sign is well above six feet
the property owner could be required to strip the tower of all
existing signage. The second option is to permit the legal
non -conformity and to permit additional signage on the tower.
Motion was made by C/Schad and seconded by C/Flamenbaum to
accepted the Draft Resolution amended as follows: That the
resolution include the proper advertising numbers on the
freestanding/monument sign; the existing reader board be
September 26, 1994 Page 6 Planning Commission
removed and disposed of off-site; the existing sign E will be
brought into conformance reducing the height from seven feet
to four feet; include a pallet of type faces for signage, and
on Page 2, under "Findings" add the following to the document
"This project is in conformity with the City's Draft and
proposed General Plan." The motion was carried unanimously.
Chair/Meyer indicated C/Flamenbaum was absent during voting at
the prior Planning Commission meeting and he requested that
C/Flamenbaum cast his vote on items to break the voting
stalemate: The Planning Commission voted 2-2 regarding
modification or omission of the first sentence which read "It
is the primary goal of the City of Diamond Bar to maintain a
rural and country living environment" on Page I-1.
Motion was made by Chair/Meyer and seconded by C/Flamenbaum to
eliminate the sentence. Motion was carried 3-2 with the roll
call as follows:
AYES: COMMISSIONERS: Flamenbaum, VC/Plunk,
Chair/Meyer
NOES: COMMISSIONERS: Schad/Fong
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Motion was made by C/Fong and seconded by C/Schad to have the
first sentence, Page I-1 read as follows: "It is the desire
of the citizens of the City of Diamond Bar to maintain a rural
and country living environment." Motion was carried 3-2 with
the roll call as follows:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Fong, Schad, Flamenbaum
vC/Plunk, Chair/Meyer
None
None
Motion was made by C/Flamenbaum and seconded by VC/Plunk
regarding Page I -7,D. 1. Land Use Mix a. "Disposition of
remaining Open Lands Including, but Not Limited to, a
Determination of Deed and Map restriction Status", to change
"Open" to "Vacant" so that the sentence reads: "Disposition
of Remaining Vacant Lands Including, but Not Limited to, a
Determination of Deed and Map Restriction status", and delete
"within hillside areas from the first sentence of the first
paragraph so the sentence reads: "Determining the status of
remaining vacant lands is a major policy decision facing the
City." Motion as carried 3-2 with the roll call as follows:
September 26, 1994
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Page 7 Planning Commission
Flamenbaum, VC/Plunk,
Chair/Meyer
Schad/Fong
None
None
Motion was made by C/Flamenbaum and seconded by Chair/Meyer to
delete the last sentence from Page I-7, D. 1 a. "Past
confusion resulting from Los Angeles County transmittal of
development entitlements should be resolved." The motion
failed 3-2 with the roll call as follows:
AYES: COMMISSIONERS: Flamenbaum, Chair/Meyer
NOES: COMMISSIONERS: Schad, Fong, VC/Plunk
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Motion was made by C/Flamenbaum and seconded by VC/Plunk
regarding Page I-10, E. Strategy 1.1.1 a. to put back the
definition "The maximum gross density of Rural Residential
will be 1.0 dwelling unit per gross acre (1 du/ac)." The
motion was carried unanimously.
Motion was made by C/Flamenbaum and seconded by VC/Plunk to
eliminate Strategy 1.1.1 a., second paragraph, Page I-10.
Motion was carried 4-1 with the roll call as follows:
AYES:
COMMISSIONERS:
Flamenbaum, Fong, VC/Plunk,
Chair/Meyer
NOES:
COMMISSIONERS:
Schad
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
Motion was made by C/Flamenbaum and seconded by VC/Plunk add
the following to Page I-11, Strategy f. "Develop a slope
density scale ordinance which shall be applied to all land use
designations in the City. Such slope density scales shall
reduce the number of dwelling units available as a function of
average slope of the land in question and shall begin at 25
percent. Average slope is defined as follows:." Motion was
carried unanimously.
Motion was made by Chair/Meyer and seconded by C/Schad to add
Strategy g. Page I-11 to read as follows: "As part of the
Slope Density Scale ordinance, develop a formula for the
preservation of open space." Motion was carried unanimously.
Motion was made by VC/Plunk and seconded by C/Flamenbaum to
September 26, 1994 Page 8 Planning commission
change the wording on Page I-15, Strategy 1.3.6 to read:
"Encourage consolidation of individual lots into a coordinated
project; encourage provision of enhanced amenities such as
public art, plaza areas, open space and landscaping, and
pedestrian facilities in excess of required minimums; or
provision of housing within a mixed use project." Motion was
carried unanimously.
C/Flamenbaum recommended Page I-18 Strategy 1.6.5 be changed
to read as follows: "Encourage clustering within the most
developable portions of project sites to preserve open space
and/or other natural resources." The recommendation was
adopted unanimously.
S/ Schad recommended Page 1-18, Strategy 1.6.5 a. be amended to
read: "Encourage offers to dedicate additional open space
land to the City or a conservancy." The recommendation was
adopted unanimously. .
C/Fong recommended that strategy formerly known as Strategy
1.7.3, Page I-19 be renumbered strategy 1.6.6 and reinstated
as previously written. The recommendation was adopted
unanimously.
C/Fong recommended Page I-19, Goal 2 be changed to read as
follows: "Manage land use with respect to the location,
density and intensity, and quality of development. Maintain
consistency with the capabilities of the City and special
districts to provide essential services which achieve
sustainable use of environmental and manmade resources." The
recommendation was adopted unanimously.
Regarding Page I-23, Strategy 3.3.5 a. eliminate "plans and
add in its place "palettes" so that it reads: "Foliage used
in planting palettes should be drought tolerant, fire
resistant, and have colors similar to those of native
materials in the surrounding area."
Regarding Page I-23, objective 4.1, insert "/circulation" so
the sentence reads: "Promote and cooperate in efforts to
provide reasonable regional land use and
transportation/circulation planning programs."
C/Fong recommended Page I-24, Strategy 4.1.5 be amended. to
read as follows: "Monitor and evaluate potential impacts,
upon the City of Diamond Bar, of major proposed adjacent.
local, and regional developments, in order to anticipate land
use, circulation, and economic impacts and related
September 26, 1994 Page 9 Planning Commission
developmental patterns of the City of Diamond Bar." The
recommendation was adopted unanimously.
Chair/Meyer recommended Page I-24, Objective 4.2 be amended to
read as follows: "Maintain City boundaries which are
reasonable in terms of existing service capabilities, social
and economic interdependencies, citizen desires, and City
revenues and expenditures." The recommendation was adopted
unanimously.
Chair/Meyer recommended on Page I-24, Strategy 4.2.2 a. "as a
whole" be deleted so the sentence reads: "Compatibility
exists with the goals and desires of the people and the City
of Diamond Bar." The recommendation was adopted unanimously.
Chair/Meyer declared the meeting adjourned to September 27,
1994, 7:00 p.m. at 9:50 p.m.
Respectfully,
James DeStefano
Secretary
Attest:
David Meyer
Chairman
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 27, 1994
CALL TO ORDER
Chairman Meyer called the meeting
auditorium of the South Coast
Office, Diamond Bar, California.
PLEDGE OF ALLEGIANCE
to order at 7:00 p.m. in the main
Air Quality Management District
The audience was led in the Pledge of Allegiance by Chairman Meyer.
ROLL CALL
Present: Chairman Meyer; Vice Chairwoman Plunk;
Commissioners: Schad, and Fong
Also Present: Community Development Director James
DeStefano; Associate Planner Rob Searcy;
Assistant Planner Ann Lungu; Interim City
Attorney Michael Montgomery; Engineer
Consultant Mike Myers; and Administrative
Secretary Marilyn Ortiz
Absent: C/Flamenbaum
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS
In response to Max Maxwell, 3211 Bent Twig Lane, CDD/DeStefano
brought to the attention of the Planning Commission a letter
received by the Planning Department. The letter is from JC
Dabney and Associates as it represents landholdings within the
City of Diamond Bar owned by Arciero and Sons. The letter
refers to three properties; the property within the South
Pointe Master Plan of approximately 41 acres; approximately 25
acres directly across the freeway at the end of Fallow Field;
and a four acre site across the street from the SCAQMD
building bordering Golden Springs and Copley Drive. Mr.
Dabney requests that the four acres across from the SCAQMD
building retain its commercial designation, as it has been
designated in the prior General Plan; the property off of
Fallowfield Drive on the east side of the 57 Freeway of
approximately 25 acres, be retained at a designation which
would permit a density of three units per acre even though a
project is currently before the City for about one unit per
acre; and with regard to the property within the South Pointe
Master Plan area, that it be retained at a minimum to
incorporate the proposed project, and, specifically, to permit
September 27, 1994 Page 2 Planning Commission
a three unit per acre zoning designation.
Wilbur Smith, 21630 Fair Wind Lane, Diamond Bar, referring to
the action of the Planning Commission to remove items 3 to 10
on Page I-22. In particular, Mr. Smith wants to understand
the Commission's position with regard to sewers in the City of
Diamond Bar.
Responding to Mr. Smith, C/Fong referred him to the Public
Services and Facilities Element, Page VI -5, Objective 1.1,
Strategy 1.1.6 requiring that new housing developments in
Diamond Bar be connected to a public sewage system.
Chair/Meyer responded that the consensus of the Planning
Commission was that those types of development standards would
rightfully belong in a Development Code for the City.
Barbara Beach-Courchesne, 2021 Peaceful Hills Road, Diamond
Bar, voiced her concerns regarding time constraints and the
potential loss of approval from the Office of Planning and
Research to continue. She requested that a copy of the final
draft 1994 General Plan be available to her at least three
days prior to delivery to the City Council.
Chair/Meyer responded that the document which was prepared by
GPAC has been delivered to all City Council members.
In response to VC/Plunk, CDD/DeStefano stated that the
proposal for several months has been that the City Council
will receive a document entitled PLANNING COMMISSION
RECOMMENDED DRAFT GENERAL PLAN. That document will contain
all of the verbiage from the Planning Commission, the
revisions to the GPAC verbiage, the GPAC verbiage, as well as
underlying base 1993 Plan. It will be all-inclusive so that
the City Council will be able to look at one document and
understand what the base document said, what GPAC's changes
were and what the Planning Commission recommendations are.
Again responding to VC/Plunk, CDD/DeStefano stated that the
City has not requested an extension, however, it is scheduled
for the next City Council meeting.
CONTINUED PUBLIC HEARING:
1. ADOPTION OF THE GENERAL PLAN
Chair/Meyer stated that the first order of business is to
September 27, 1994 Page 3 Planning Commission
complete the Land Use Element, have staff complete the
changes, and return the document to the Planning Commission
and open the matter to public hearing for input and direction.
At the conclusion of the hearing, the Planning Commission will
adopt recommendations and documents and pass the Draft General
Plan on to the City Council on or about October 12, 1994.
Referring to comment made regarding denying the public input,
Chair/Meyer stated that, as a procedural matter early in the
process, the Planning Commission established guidelines to
open public hearing portions to each element and collect
input. The public hearing portion would then be closed and
the debate of the Planning Commission would then proceed for
modifications on those elements. At each subsequent meeting
of the Planning Commission, during "Matters from the
Audience/Public Comments" members of the public would be
encouraged to comment on items in the General Plan and actions
of the Planning Commission. In is his opinion, the general
public has had, on numerous occasions, opportunity to provide
their input and to lobby for movement from the Planning
Commission. The Planning Commission is making recommendations
on the Draft Plan. The real test for lobbying for any
position would be before the City Council in terms of their
adoption procedure.
Regarding the Land Use Map, Chair/Meyer indicated that there
have been several requests from landowners for various
designations on their respective properties, as well as a Land
Use Map with recommendations from the GPAC. One of the most
sensitive areas seems to be the designation of the open space
and what the Open Space designation will permit in terms of
zoning and use.
It is the consensus of the Planning Commission that the Land
Use Map generally fits the limited growth attitude of the GPAC
and citizenry.
VC/Plunk pointed out that 1.7 acres of Water District property
in the SEA does not appear on the map and asked staff to
research the matter.
C/Fong indicated that it would be helpful to have the outline
of the Boy Scout Reservation shown on the Land Use Map.
VC/Plunk cited the Little League, the YMCA, the private
recreational park in The Country as being private recreational
and therefore, wouldn't the General Plan also show the Boy
Scout property as a Private Recreational designation? The
Planning Commission concurs.
September 27, 1994
Page 4 Planning Commission
Responding to VC/Plunk, CDD/DeStefano stated that, in general,
the General Plan represents about a twenty period. Some cities create benchmarks of where they planning'
like to be in five year increments. The Housing Element is
more specific and has a cycle of five year reviews required by
the State of California. Most cities look at their General
Plan in a five year time period for complete overhaul.
Application for General Plan amendments can take place four
times annually.
In response to Chair/Meyers summation of the OS designation
on the Land Use Map, CDD/DeStefano stated that, in addition to
the SASAK property, there are comparable properties where the
OS designation exists with restricted development. Some
properties have restrictions which prohibit everything; some
properties have restrictions which prohibit only residential
development; and some properties have a restriction which
allows a single residential dwelling to be constructed on the
lot.
RECESS: Chair/Meyer recessed the meeting at 8:20 p.m.
RECONVENED: Chair/Meyer reconvened the meeting at 8:32
p.m.
Commissioner Flamenbaum arrived at 8:40 p.m.
Responding to C/Fong, CDD/DeStefano stated that with respect
to parcels with the OS designation, there is a list known as
"THE OPEN LAND SURVEY" within the Environmental Impact Report
which was part of the Environmental Assessment and contains a
summary of parcels and their development status.
Motion was made by C/Fong and seconded by C/Schad to leave the
SASAK Land Use Designation as shown. The motion was passed 3-
2 with the roll call as follows:
AYES: COMMISSIONERS: Flamenbaum, Fong, Schad
NOES: COMMISSIONERS: VC/Plunk, Chair/Meyer
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS: None
None
Motion was made by C/Schad and seconded by C/Fong to leave the
School Property designation as OS. The motion was passed
unanimously.
Motion was made by C/Flamenbaum and seconded by VC/Plunk to
designate either side of the Pathfinder Homeowners Association
and the land due south which is currently declared to be Open
Space which has actual deeds on it designating it as Open
September 27, 1994
Page 5 Planning Commission
Space be converted to Private Recreation, similar to "The
Country" park. The motion carried 3-2 with the following roll
call.
AYES: COMMISSIONERS:
Flamenbaum, VC/Plunk,
NOES: COMMISSIONERS: Chair/Meyer
ABSTAIN: COMMISSIONERS: Schad
ABSENT: COMMISSIONERS; Fong
None
The Planning Commission agreed to
designation for the Arciero retain the Commercial
Golden Springs Drive across from SCAQMD Mediately north of
Motion was made by C/Flamenbaum and seconded b
change the Bramalea property designation to OS pDy C/Schad to
was carried unanimously, / The Motion
Motion was made by C/Flamenbaum and seconded b
leave the Arciero property as RR. t
With the roll call as follows; The Motion was carried 41
AYES: COMMISSIONERS:
Chair/Meyer Flamenbaum, Schad, Fong,
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS; VC/Plunk
ABSENT: None
COMMISSIONERS:
None
Chair/Meyer announced that the October 10
adjourned to Monday, October 17 1994 meeting be
1994 at 7:00 p,Yp,
Chair/Meyer declared the meeting adjourned at 9:20 p.m.
Respectfully Submitted
James DeStefano
Attest: Secretary
David Meyer
Chairman
MINUTES OF T
REGULAR MEETING THE TE CITY OF DIAMOND BAR
OCTOBER 17 CANNING COMMISSION
1994
CALL TO ORDER
Chairman Meyer called
the Copley Dai eAir Quality Management
Di order
Diamond Bar gement District
PLEDGE OF Cal'
ALLEGIANCE
ifornla.
at 7:14 p.m, at the
Board Room, 21865 E.
The audience was led in the Pledge of A
ROLL CALL llegiance by Chairman Meyer,
Present:
Also Present:
Absent:
Chairman Meyer Vice
Commissioners: Flamenb a Chairwoman
Schad Plunk;
Community� . and Fong
Development Director
DeStefano; Associate
Assistant Planner Planner James
Attorney Michael Rob Searc
Ann Lungu; Interim y'
Consultant Mike M Montgomery; Engineer
Carol Dennis. Myer and Recording gin=
g secreta
None
MATTERS FROM THE AUDjjXCE,/PUPLTo
COMMENTS:
Max Maxwell
ry
update 3211 Bent Twig on how the Planning Commission mond Bar for an
final review of the asked
element for the General Plan will proceed with the
wanted to benefit of those and suggested hearing
know when the Co who wish to s each
addendum to the EIR• mmission Peak. He also
School District and fromtthe w°uld be discussing the
'� letter from Walnut
the Unified
BOY Scouts.
Mr. Maxwell read from
referred a July 12 1986
Center to the ground newspaper article
and that the breaking of the Gatewaywhich
1991 as indicated total build. out had not Corporate
in the article. taken place by
CONTINUED PUBLIC HEARING:
1. Conditional Use Permit No. 94-2
October 17, 1994 Page 2 Planning Commission
2.
3.
This is a request to relocate an existing dry cleaning plant
which provides retail services to other dry cleaners as well
as the general public. The dry cleaner is moving to a
different unit within the same commercial center located on
the northeast corner of Grand Avenue in the Ralphs Center.
Applicant requested a continuance to October 24, 1994
Chair/Meyer declared the Public Hearing open.
Martha Bruske, 600 South Great Bend Drive, Diamond Bar asked
what the City considers an existing dry cleaning plant which
provides retail services to other dry cleaners and how many
there are in Diamond Bar. She recommends a no vote.
Chair/Meyer declared the Public Hearing closed.
Moved by C/Flamenbaum, seconded by C/Schad to continue the
item to October 24, 1994, 7:00 p.m. Motion carried
unanimously.
Variance No. 94-2
A request to construct a new three story single family
residence in excess of the maximum 35 ft. height limit at 1553
Deer Crossing, Diamond bar, CA 91765. Applicant requested
continuance to November 14, 1994.
Chair/Meyer declared the Public Hearing open.
There being no testimony, Chair/Meyer closed the Public
Hearing.
Moved by C/Schad, seconded by C/Flamenbaum to continue the
item to November 14, 1994.
ADOPTION OF THE GENERAL PLAN
CDD/DeStefano stated that staff has compiled all of the
changes that the Planning Commission has recommended to date
using the format which has been utilized since the process
began in July, 1994. In addition to members. of the
Commission, this document has been distributed to
approximately 70 interested parties. In addition, staff has
provided a copy of the addendum to the Environmental Impact
Report and a copy of the Draft Resolution recommending City
Council approval of the Draft General Plan.
CDD/DeStefano recommends that the Planning Commission review
the General Plan invite public testimony as is deemed
October 17, 1994 Page 3 Planning Commission
appropriate prior to the Commission's final decision on the
document.
Chair/Meyer stated that the Planning Commission received a
letter from the Los Angeles Area Council for the Boy Scouts of
America requesting a modification in the land use designation
of their property within the Commission's sphere of influence.
In addition, the Commission has received two letters from the
SASAK Corporation indicating discomfort in the Land Use
Designation of their property, and one letter from Bramalea
indicating dissatisfaction for the proposed Land Use
Designation of their property.
CDD/DeStefano indicated that Bramalea and SASAK are asking for
a Land Use Designation of RL with a PD attachment.
ICA/Montgomery reported that he has answered the letters with
respect to the issue of "taking" and does not feel there is a
"taking" with the present Land Use Designation.
C/Flamenbaum stated that he has met with Mr. Johnson from
Bramalea and it is his understanding that Bramalea seeks to
execute the MOU as a combined PD/OS designation.
CDD/DeStefano responded that the property has a development
restriction and Bramalea's belief is that it is does not
constitute an Open Space easement. The current PD/OS
designation on the Map does not permit them to develop the
Memorandum of Understanding. Bramalea would prefer a
residential density and open space under a planned development
overlay which would allow them to develop according to the
Memorandum of Understanding.
Responding to C/Flamenbaum, CDD/DeStefano cited Tres Hermanos
as the example for Agricultural Specific Plan, the intent of
the designation in the General Plan is Agricultural. However,
in the future and with increasing development pressure it is
anticipated that the landowner will wish to pursue development
of the property. When that occurs, the City will request a
specific plan. Chair/Meyer is correct in stating that at
some point, a General Plan change would be required.
ICA/Montgomery stated that if Bramalea has a Map Restricted
Open Space they would have to have a General Plan, "A Zone"
and a Public Hearing which would permit them to modify the
designation.
CDD/DeStefano stated the Bramalea property on Diamond Bar
Boulevard consists of approximately 50 acres of residentially
October 17, 1994 Page 4 Planning Commission
zoned property that is not restricted by Map or Deed
notations. The developer also has several hundred restricted
acres on either side of the 50 acres. The MOU attempts to
allow for development on about 70 of those High Crest acres
which will allow for up to 130 homes. In exchange for this,
the City is to receive all of the perimeter open space as
public land. If the Planning Commission is interested in this
concept, CDD/DeStefano indicated that the Commission may wish
to designate the use of the property more specifically
RR/OS/PD and indicate that the 70 acres along High Crest would
be permitted a maximum of 130-135 dwelling units.
Chair/Meyer asked if the current Land Use Designation
prohibits the developer from filing an application or specific
plan on the entire 400 acres.
CDD/DeStefano responded that it does not.
Chair/Meyer declared the Public Hearing open on the Draft
General Plan.
Max Maxwell, 3211 Bent Twig Lane, Diamond Bar, stated he feels
specific planned development is an opportunity to abuse any
part of the program and suggests that the designation for
Bramalea be OS and RR where specific building is planned.
Responding to Mr. Maxwell, Chair/Meyer pointed out that the
strip of land along the freeway in the South Pointe Master
Plan has been designated Public Right -of -Way.
Mr. Maxwell stated that he believes the RL designation on the
Land Use Map should be modified so that Lot 61 can be seen as
touching Grand Avenue. The Tres Hermanos plan is acceptable
because they have been working on a specific plan.
Responding to Mr. Maxwell, Chair/Meyer stated that with
respect to the Boy Scout area in Tonner Canyon, Agriculture
designation had been dropped. Mr. Maxwell stated that this is
not acceptable and recommends the designation be returned to
Agriculture.
Regarding the General Plan, Page 1 Introduction, Mr. Maxwell
says he believes the first line, which was stricken by the
Planning Commission should be put back in. He also stated
that the significant ecological area on the West side of the
57 near the Brea Canyon cutoff is farther North than shown on
Page 8.
October 17, 1994 Page 5 Planning Commission
On Page I-2, referring to the 2,751 acres left to be
developed, Mr. Maxwell stated he believes this figure is
incorrect. Responding to Mr. Maxwell, Ms. Warner indicated
that she used the figures which were available. Chair/Meyer
asked that this be reviewed and verified.
On Page I-4 and I-5, Mr. Maxwell pointed out that it appears
that nothing has been done about Parks and Recreation and Open
Space in separating it. He feels that these are two separate
issues and would like to see it broken out and separated in
the Chart.
Mr. Maxwell continued to Page I-7 referring to Map and Deed
Restrictions, he stated that the paragraph under issue
analysis in the middle of the page should be stricken.
Referring to the last paragraph, Mr. Maxwell says he believes
transfer of development rights should be sold.
Mr. Maxwell stated that he wants "encourage development of
Gated Communities" dropped from the General Plan.
Referring to Page VI -6, Strategy 2.1.1 "promote the
intensification of the sales tax generating potential of
existing future commercial areas within the City", Mr. Maxwell
says, in his opinion, this needs to be rephrased.
On Page I-8, freeway visibility should have been addressed and
specify which parcels are freeway visible, Mr. Maxwell stated.
Responding to Mr. Maxwell's confusion regarding changes,
CDD/DeStefano referred Mr. Maxwell to the notation on the
cover of the General Plan which has been used since inception.
Mr. Maxwell stated he believes that the last sentence, Page I-
10 Strategies: 1.1.1 a. "The dwelling units per acre in RURAL
RESIDENTIAL (RR) zone shall be dependent upon topography
(slope grade) as shown in Table 1-3." should be left in the
General Plan.
Referring to Page I-11, f. fourth line "at 25 percent." Mr.
Maxwell stated that 25 percent is way too high and should
start in a 15 to 20 percent bracket.
Page I-12, 1.1.8 should be eliminated from the General Plan,
Mr. Maxwell stated.
Mr. Maxwell indicated that Page I-13, Strategies 1.2.5, won't
sell in Diamond Bar.
October 17, 1994 Page 6 Planning Commission
Mr. Maxwell stated he hopes the Planning Commission will
delete Page I-14, Strategies 1.3.2.
Chair/Meyer asked Mr. Maxwell if he feels Diamond Bar business
should not be visible from the freeway.
Responding to Chair/Meyer, Mr. Maxwell stated that Diamond Bar
is a bedroom community and there are specific areas such as
the Gateway Center which was supposed to have been fully
developed.
Chair/Meyer pointed out that there has been a recession.
Responding to Mr. Maxwell's confusion regarding the General
Plan document, Chair/Meyer stated that the Planning Commission
has been asked to deliver a document to the City Council in
the manner presented and that staff has been following the
original outline.
Mr. Maxwell continuing to Page I-17, 1.5.5, land entitlements,
stated that he feels this is wrong.
Mr. Maxwell pointed out on Page V-12, second paragraph, fourth
line that "three travel lanes" should read "four or five
travel lanes".
Regarding Page VI -3, C. third paragraph, Mr. Maxwell asked if
the sentence, "A master drainage plan will need to be
developed for the City and its sphere of influence." refers to
Tonner Canyon as part of the sphere of influence.
Mr. Maxwell stated that he will provide a copy of the Walnut
Tree Ordinance for the Commission's review. He feels a
Hillside Ordinance or Tree Ordinance should be implemented in
Diamond Bar immediately and included in the General Plan.
Robert Huff, 1641 Fire Hollow, Diamond Bar stated he believes
most citizens are in favor of the Memorandum of Understanding
from Bramalea; however, there is concern that they will
somehow get around the memorandum and develop the property
even further. He stated that he would caution the Commission
not to restrict Bramalea's ability to enact the MOU and would
encourage the Commission to consider CDD/DeStefano's
recommendation of RR/OS/PD which would accomplish both
objectives.
Referring to Land Use, Mr. Huff indicated that the General
Plan is more restrictive that he would like to see. In the
Circulation Element, Page V-18 and V-19 regarding bicycle
October 17, 1994 Page 7 Planning Commission
trails it appeared that the Traffic and Transportation
Commission had indicated Grand Avenue as a possible bike
route.
Responding to Mr. Huff, C/Flamenbaum stated that V-18 and V-19
refer to current bike routes and that there are several
instances in the General Plan where the verbiage "put more
bike routes in" occurs. Chair/Meyer added the Plan also
indicates "to hook up with the regional system", as well.
Chair/Meyer referred Mr. Huff to Page V-28, Strategy 1.2.8.
Mr. Huff, referring to Page V-26, Strategy 1.1.4, stated that
he understands why the plan is restrictive with respect to
Tonner Canyon. However, he feels that an environmentally
sensitive by-pass road should be located somewhere in the area
as one of the solutions to the long-term traffic problems in
Diamond Bar area.
Mr. Huff closed by stating that he feels the document has been
improved by the Planning Commission and offered his thanks for
the Commission's efforts.
Responding to Chair/Meyer, CDD/DeStefano stated that he is not
aware of anything in the Circulation Element which would
preclude review of a by-pass road in conjunction with a
specific plan for Tres Hermanos. The larger issue is whether
a road goes in and where it does because each of the involved
cities has a completely different view.
Max Maxwell, 3211 Bent Twig Lane, Diamond Bar requested the
Commission to recommend to the City Council that the General
Plan be placed on the ballot.
There being no one else wishing to speak, Chair/Meyer closed
the public hearing and returned the matter to the Planning
Commission for consideration.
RECESS: Chair/Meyer recessed the meeting at 8:32 p.m.
RECONVENE: Chair/Meyer reconvened the meeting at 8:48 p.m.
3. ADOPTION OF THE GENERAL PLAN, continued.
Responding to Chair/Meyer, CDD DeStefano recommended
improvements to the Acknowledgements page to include some
other staff members.
October 17, 1994 Page 8 Planning Commission
Regarding Page 11 of the Introduction, I. GENERAL PLAN FORMAT,
the first line should be amended to read: "The 1994 Diamond
Bar Draft General Plan is divided into three documents for
ease of reference" and add " Document 3" sub -heading "Master
Environmental Assessment (adopted 7/14/92)." Add to the last
sentence under Item 12, "and is incorporated as referenced as
part of the 1994 General Plan."
CDD/DeStefano indicated that the List of Tables and List of
Figures within the Land Use Element needs to have language to
make the tables consistent with the tables within the text.
Table I-1 should read: "Citywide Existing Land Uses; Table
I-2 should read: "Sphere of Influence Existing Land Uses";
Table I-4 should read: "Land Use Development Capacity
Summary."
Page I-28, Land Use Element, third paragraph, Item 2, third
line should be corrected to read. For example, Figure I-3
illustrates that a 10,000 square foot building on a 40,000
square foot lot yields a FAR of 0.25:1."
Page I-11, Land Use Element, strategy 1.1.1 f., eliminate the
last five words so that the last sentence read: "Average
slope is defined as follows:"
Page I-12, 1.1.6, sixth line change the sentence to read:
"This designation carries with it a maximum development
potential of one single family unit per existing parcel unless
construction was previously restricted or prohibited on such
properties by the County of Los Angeles."
CDD/DeStefano stated that within 1.1.6, sub -section a. is
already stated in the Resource Management Element, fourth
bullet on Page III -11. Staff recommends that it be eliminated
from the Land Use Element.
The following are generally clean-up items: Under Land Use
Element I-17, change Strategy 1.5.4 to 1.5.3; eliminate the
words "Move to Page III -10, Objective 1.2, Strategy 1.2.1"
following Strategy 1.5.5, which has been eliminated; under
Strategy 1.5.6, delete (combined w/1.5.4); following strategy
1.5.5 strike (1.2.9 moved from I-13 & I-16).
Staff further recommends that the Planning Commission discuss
the Boy Scouts' request, the Bramalea request, and the SASAK
request.
With respect to the Map, Page I-25, the Commission may wish to
redesignate the South Coast Air Quality Management District
October 17, 1994 Page 9 Planning Commission
Building as a Public Facilities Land Use classification. The
real issue is the Commission's vision for the future of
Diamond Bar and whether you envision SCAQMD being here fifteen
to twenty years from now. In addition, the area of the Post
Office should also be designated a Public Facility. It is
presently designated as Commercial Office.
Regarding Table I-4 on Page I-26, staff has provided the
Planning Commission with an errata sheet with the proper
calculations which match the text and match the Housing
Element.
Following discussion by the Planning Commission, a motion was
made by C/Flamenbaum and seconded by Chair/Meyer to leave the
Land Use Designation for South Coast Air Quality Management,
as shown on the map. The motion carried 4-1 with roll call as
follows:
AYES: COMMISSIONERS: Fong, Schad, Flamenbaum
Chair/Meyer
NOES: COMMISSIONERS: VC/Plunk
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
In response to Chair/Meyer, CDD/DeStefano stated that, from
staff's perspective it is important to implement the
Memorandum of Understanding with respect to the Bramalea
property. For purposes of clarification the Commission may
wish to designate the property RR/OS/ with the PD and add the
following strategy: "Encourage formation of a Planned
Development, or a Specific Plan, for approximately 400 acres
located East of Diamond Bar Boulevard, North of Grand Avenue,
South of Gold Rush, and at the terminus of High Crest Avenue.
Appropriate land uses may include 135 units of single family
residences concentrated along the anticipated extension of
High Crest Avenue, with the balance of the property to remain
in Open Space uses."
Following discussion, a motion was made by C/Flamenbaum and
seconded by Chair/Meyer to change the designation on the two
Bramalea parcels to RR/RL/OS/SP. Following discussion, the
motion was modified by C/Flamenbaum to RR/OS/SP.
Chair/Meyer restated the motion as follows: The portion of
land which is designated RR and consists of 50 acres will be
increased to 70 acres and the designation changed to RL/SP,
and to change the designation from PD/OS to OS/SP on the
remaining land. The motion as modified and restated was
October 17, 1994
Page 10 Planning Commission
seconded by C/Schad. The motion carried 4-1 with the roll
call as follows:
AYES: COMMISSIONERS Fong, Flamenbaum, Schad,
Chair/Meyer
NOES: COMMISSIONERS: VC/Plunk
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
A motion was made by C/Flamenbaum and seconded by C/Schad to
adopt a strategy as follows: Strategy 1.6.5, Page I-18, Land
Use Element and renumber the existing 1.6.5 as 1.6.6.
"Develop a specific plan for the 400 acres known as the
Bramalea property located East of Diamond Bar Boulevard, North
of Grand Avenue, South of Gold Rush, and at the Terminus of
High Crest Avenue. Appropriate land uses may include single
family residential dwelling units concentrated along the
anticipated extension of High Crest Avenue with the balance of
the property to remain in Open Space uses." The motion
carried unanimously 5-0.
A motion was made by C/Flamenbaum and seconded by C/Fong to
leave SASAK as is. Motion carried 3-2 with the roll call as
follows:
AYES: COMMISSIONERS: Fong, Flamenbaum, Schad
NOES: COMMISSIONERS: VC/Plunk, Chair/Meyer
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
A motion was made by C/Flamenbaum to leave the Boy Scout Land
Use Designation as SP. The motion died for lack of a second.
Responding to a discussion by members of the Planning
Commission, CDD/DeStefano stated that the Boy Scouts are
asking for an AG/SP designation, which is similar to Tres
Hermanos.
A motion was made by C/Fong and seconded by C/Schad to change
the Boy Scout Land Use designation as .AG/SP. The motion
carried 4-1 with roll call as follows:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Fong, Schad, VC/Plunk,
Chair/Meyer
Flamenbaum
None
None
October 17, 1994
Page 11 Planning Commission
CDD/DeStefano added the following item to staff's recommended
corrections: Mr. Maxwell is correct in stating that Lots 1
and 61 should both be designated OS.
Page I-9 of the Land Use Element, Section 2.a. Natural
Resources, add to the last sentence after the word "resources"
the following: "or on areas subject to hazards such as
flooding (refer to flood hazards map in the Master
Environmental Assessment."
On Page I-27 of the Land Use Element, Table I-5, add a column
entitled "Population at General Plan Buildout" 1156,600
persons" and add footnote 11(5) Population based on 3.17
persons per occupied dwelling unit." CDD/DeStefano stated
that the present population of Diamond Bar is approximately
55,000.
Referring to the Housing Element, Page II -15, CDD/DeStefano
indicated that Table II -4 which is on the first Page II -15, be
renumbered Page II -15a, and where the TOTALS are indicated at
the bottom of the table, new corrected figures will be entered
based upon the revised calculations. Under Land Use Category
Specific Plan, eliminate one of the (1) and change footnote
(2) to footnote (1). The Unit Totals will be changed to
approximately 1,213 with the Bramalea number added.
The next page, also known as Page II -15 should be renumbered
Page II -15b.
Page II -22 with the text becomes II -22a and the next page with
the map which is also numbered II -22 becomes II -22b.
CDD/DeStefano reported that concludes the changes to the
Housing Element.
RECESS: Chair/Meyer recessed the meeting at 10:18 P.M.
RECONVENE: Chair/Meyer reconvened the meeting at 10:28 p.m.
CDD/DeStefano indicated the following changes to the Resource
Management Element: Page III -5, Item 4. Water Resources, add
a final sentence to read: "A complete discussion of water
resources is contained in the Master Environmental
Assessment." The second paragraph under Item 4. Water
Resources, fifth line, the end of the sentence that says "in
excess of these levels." add a sentence to read: A discussion
of peak demand water supply requirements is contained in the
Master Environmental Assessment."
October 17, 1994
Page 12 Planning Commission
C/Flamenbaum suggested that on Page III -5, Item 4. Water
Resources, second paragraph, line seven that "on the order" be
deleted so that the sentence reads: (Beginning at line five)
"A Master Plan of Water is being prepared by the Walnut Valley
Water Municipal District which estimates a buildout population
for Diamond Bar of approximately 75,000 residents, which is
higher than the estimated buildout of the City."
Moving to Public Health and Safety Element, Page IV -2 under
Item 1. Geology and Seismicity, third paragraph, end of the
first sentence, staff directs the Planning Commission to add
the following sentence: "A discussion and maps of geologic
hazards are contained in the Master Environmental Assessment."
Page IV -3, under Item 5. Emergency Services and Facilities,
add a final sentence to the paragraph which reads: "Minimum
road widths and clearances around structures as related to
emergency access and fire prevention are specified in the City
Code."
CDD/DeStefano concluded his remarks with respect to the Public
Health and Safety Element and moved to the Circulation
Element, Page V-1. At the bottom of the page indicating "The
Circulation Element addresses the following issues: add a
sentence after ". Goods Movement" which reads: Public
Services and Facilities are described separately in the Public
Services and Facilities Element."
On Page V-28, under Strategy 2.1.8 which discusses the
bikeways and based upon the earlier discussion, staff
recommends adding the following: "The City shall develop a
Master Plan of Bikeways."
In response to questions from the Commission, City Engineer
Mike Meyers stated that "bikeways" is the more common term to
include bike paths and all of the Class I, Class II and Class
III. Some are bike lanes, bike paths, etc. and bikeways is
the common term; however, we are using bike routes in our
Designated Bicycle Routes Map so it could be stated either
way.
CDD/DeStefano stated that this concludes recommended changes
from staff.
Regarding the Environmental addendum, Chair/Meyer questioned
the validity of Page 12, second from last paragraph, 1994
General Plan (Impact: Significant but mitigable) The 1994
General Plan Land Use Element begins with this sentence: "It
October 17, 1994 Page 13 Planning Commission
is the desire of the City of Diamond bar to maintain a rural
and country living environment."
Chair/Meyer further requested that Page 13, third paragraph,
line 5, (3) be corrected to read: "replace fresh drinking
water for wildlife when natural water areas are removed or
blocked;" also seen in the Resource Management Element, Page
III -11, bullet four.
Chair/Meyer asked if Page 13, third paragraph, line 8, (5) had
been modified.
CDD/DeStefano responded that a similarly worded strategy was
kept in the General Plan, Page I-17, 1.5.3.
Chair/Meyer questioned the verbiage on Page 15, second
paragraph, fourth line, (1).
CDD/DeStefano responded that the wording is found on Page VI -
5, Strategy 1.1.6, as follows: "Require all new housing
development in Diamond Bar to be CONNECTED TO a public sewage
system. "
CDD/DeStefano indicated a typographical error on Page 1 of the
Addendum Number 2 under (a) (1) and that it should be
corrected to read: None of the conditions described in
Section 15162 calling for a preparation of a subsequent EIR
have occurred;"
Chair/Meyer referred to the Draft Resolution No. 94 -XX, Page
3, item d. and indicated that the Commission is presenting a
recommended 1994 Draft, that the words "as amended" should be
stricken so that the paragraph reads: "The 1994 Draft General
Plan is consistent with the State of California policies,
rules, regulations, and guidelines;" Also on Page 3,
paragraph 3 and 4, lines 3 and 3 and 4 respectively, strike
"as amended".
C/Schad indicated that he would like a request for Tree
Ordinance placed on a future Planning Commission agenda.
C/Fong indicated the following changes and corrections: Under
Land Use Element, Page I-4, Table I-1, under Parks/Rec the
Percentage of Total City Acres seems to be incorrect and
therefore, the totals do not add to 100% and insert "City in
the far right column heading so that it read: "Percent of
Total City Acres".
October 17, 1994 Page 14 Planning Commission
Page I-5, under bottom left hand column TOTAL, underline
(Within Sphere of Influence) and strike the underline from the
second column total of 3,591.0.
Page I-16, Strategy 1.4.6 and 1.4.7 add an (s) to school at
the end of each sentence.
Page I-19, Strategy 2.1.1 a. add to the end of the sentence,
"and properly addressed." so that it reads: "Prior to
approving new development or the intensification of existing
development within the City of Diamond Bar, ensure that the
environmental consequences of the proposed action have been
recognized and properly addressed."
Page I-24 F. Land Use Plan, fourth line, strike the second
"Table" after Use Plan Development Capacity Summary Table and
under second paragraph of 1. Land Use Designation, verify the
number 15 land use designations. CDD/DeStefano responded that
it should read 16 land use designations.
C/Fong continued to Page I-26 and I-27 of the Land Use Element
and suggested that the Table's should be renumbered to I-3 and
I-4 respectively, and that the Dwelling & Units column heading
on Page I-26 should be fixed to show Dwelling on one line.
With respect to the Housing Element, C/Fong offered the
following changes: On Page II -22b, remove Brea Canyon Cutoff
from the map.
C/Fong suggested the following changes in the Public Health
and Safety Element: Page IV -2, B. 1. Geology and Seismicity,
restate the first sentence to read as follows: "Diamond Bar
is located in a dynamic geological region, underlain by
several thousand feet of sediments which were laid down over
the last 25 million years."
Following the first sentence of Paragraph 3 on Page IV -2, B.
1. add a sentence to read: "A discussion and map of
geological hazards are contained in the Master Environmental
Assessment."
City Engineer Michael Meyers indicated the following changes
to the Circulation Element: Page V-17, 4, a. indent Class I,
Class I and Class I Bikeway paragraphs and bring the sentence
following Class I Bikeway paragraph to left margin and correct
the sentence to read: "Figure V-3 shows Existing Designated
Bike Routes in the City of Diamond Bar."
October 17, 1994 Page 15 Planning Commission
On Page V-18, correct Legend on the map to include Class I
designation.
On Page V-22 show Walnut Drive designated as Truck Route to
coincide with the legend.
C/Fong indicated the following changes with respect to the
Public Services and Facilities Element. Page VI -6, Strategy
2.1.1, third line correct spelling of "intensification" (add
an o) .
Page VI -7, add a first line before strategies at the top of
the page to read: "Objective 2.3 Promote a balance of public
and private provision of services and amenities to the
community."
A motion was made by VC/Plunk and seconded by C/Schad to Adopt
the Resolution to adopt the 1994 Draft General Plan as
amended. The motion carried unanimously 5-0.
A motion was made by VC/Plunk and seconded by C/Flamenbaum
requesting transmittal of a letter to City Council indicating
the approximate cost for the 1994 Draft General Plan document.
The motion carried 4-1 with the following roll call.
AYES: COMMISSIONERS: Fong, Schad, Flamenbaum,
VC/Plunk
NOES: COMMISSIONERS: Chair/Meyer
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
CDD/DeStefano thanked the Planning Commission on behalf of the
staff.
C/Schad offered thanks to the staff on behalf of the Planning
Commission for their support.
Chair/Meyer declared the meeting adjourned at 11:22 p.m.
Respectfully,
James DeStefano
Secretary
Attest:
David Meyer
Chairman
Walnut Valley Unillied School District ,�
880 South Lemon Avenue, Walnut, California 91789 • (909) 595-1261 • Fax (909) 595-9626 • Ronald W. Hockwalt, Ed. D., Superintenden
September 16, 1994
M
Mr. James DeStefano :^ M
Office of City Planning' ; m
City of Diamond Bar
21660 E. Copley, Suite 190 ° o
Diamond Bar, CA 91789 X
+ Z
Dear Jim: .c
The Board of Trustees and administration for the Walnut Valley Unified School District
request your assistance in making two changes to the Diamond Bar Master Plan.
First, we would like to change the designation of the 78 acres of land surrounding
South Pointe Middle School (Lot 49, Tract 32576 and Lot 53, Tract 35742) from the
designation "Open Space" to the designation "Planned Development." We are the
current property owner of this property.
We believe that the PD designation is more consistent with what we believe could be
school related development adjacent to South Pointe Middle School. While we surely
have no definitive plans at this time, we hope to keep our future options as flexible as
possible. Since we only recently acquired the property (August 8, 1994), we will need
additional planning time under the "Planned Development" designation.
Our second request is to change our Site D property (Lot 76, Tract 27577) designation
from "Public Facility" to "Planned Development." Again, we are looking for the flexibility
and the need to keep our options open.
In summary, when the Planning Commission addresses the land use issues, we are
requesting that they consider our request to change the land use designation on
parcels (Lot 49, Tract 32576 and Lot 53, Traci 35742) to Planned Deveiopment. We
are requesting the same change in designation for Lot 76.
Thank you for your consideration of our request.
I,
Ronald . Hockwalt,
Superintendent
rwh/rwh
cc: City Manager
City Council
Board of Trustees
Board of Trustees
Carol A. Herrera • Helen M. Hall • Christine McPeak • Larry L. Redinger • Marsha Sykes
LAW OFFICES
PARKER , COVERT & C 3MESTE+ R
City of Diamond Bar
Planning Commission
21660 E. Copley Drive
Suite 100
Diamond Bar, California 91765
Re: Adoption of General Plan
Dear Members of the Commission:
TE] -E; -,C -?4E (714) 573-0900
TELEC;- E (714) 57MM
�F-= OUR FILE
or -r- 7 6
The Walnut Valley Unified School District hereby objects to
the proposed designation of two properties owned by the District.
One proposal is to designate a 78 -acre parcel recently
acquired by the District as "open space". The District recognizes
that at present, the proposed General Plan does not have text
defining what uses would be permitted in an open space designation.
We do understand that one proposal is that there will be no
development or structures on property designated open space.
The 78 -plus -acre parcel o:& land is a large piece of property.
We particularly object to the entire property being designated open
space. The property is immediately adjacent to the existing South
Pointe Middle School, upon which the permanent school will be
constructed. The property extends All the way to Brea Canyon Road.
It certainly can be argued that where the grading is taking place,
those slopes could probably be designated open space. This does
not, however, call for an open space designation over the entire
78 -plus -acre property.
The City has recently authorized residential development on
the properties fronting on'Brea Canyon to the north. It is
inappropriate that because the 78 -acres are entirely in the
ownership of the District that an open space designation be placed
on all the property.
It is recognized, particularly as to the easterly parcel of
land which was acquired by the District, that there must be an
additional access to the South Pointe Middle School, the exact
location of which has not been determined.
5chp/p9/wv:P1annin9.Y98
17862 EAST SEVENTEENTH STREET
CLAYTON H. PARKER
SUITE 204 • EAST BUILDING
SPENCER E_ COVERT
MARGARET A CHIDESTER
TUSTIN, CALIFORNIA 92680-2164
JONATHAN J- MOTT
DOUGLAS N. YEOMAN
CYNTHIA A. YOUNT
September 26, 1994
MICHAEL Y.M. TOY
JOHN E. HAYASHIDA
MARK S. WILLIAMS
JULIE A. McCLOSKEY
ALFRED REAL
City of Diamond Bar
Planning Commission
21660 E. Copley Drive
Suite 100
Diamond Bar, California 91765
Re: Adoption of General Plan
Dear Members of the Commission:
TE] -E; -,C -?4E (714) 573-0900
TELEC;- E (714) 57MM
�F-= OUR FILE
or -r- 7 6
The Walnut Valley Unified School District hereby objects to
the proposed designation of two properties owned by the District.
One proposal is to designate a 78 -acre parcel recently
acquired by the District as "open space". The District recognizes
that at present, the proposed General Plan does not have text
defining what uses would be permitted in an open space designation.
We do understand that one proposal is that there will be no
development or structures on property designated open space.
The 78 -plus -acre parcel o:& land is a large piece of property.
We particularly object to the entire property being designated open
space. The property is immediately adjacent to the existing South
Pointe Middle School, upon which the permanent school will be
constructed. The property extends All the way to Brea Canyon Road.
It certainly can be argued that where the grading is taking place,
those slopes could probably be designated open space. This does
not, however, call for an open space designation over the entire
78 -plus -acre property.
The City has recently authorized residential development on
the properties fronting on'Brea Canyon to the north. It is
inappropriate that because the 78 -acres are entirely in the
ownership of the District that an open space designation be placed
on all the property.
It is recognized, particularly as to the easterly parcel of
land which was acquired by the District, that there must be an
additional access to the South Pointe Middle School, the exact
location of which has not been determined.
5chp/p9/wv:P1annin9.Y98
LAW OFFICES
PARKER, COVERT & CHIDESTER
City of Diamond Bar
Planning Commission
September 26, 1994
Page 2
T The state Legislature has
Government Code section 65852.9
the same land use controls as if
adopted a policy contained in
that school sites should be given
it were privately owned.
Placing property in an open space designation under w is no
development is permitted would be a taking of, property of the
District without compensation. ^ Article. -I•, Section 19 of the
California Constitution prohibits taking 'property without the
payment of just compensation. Sudh a taking is also prohibited by
the U. S. Constitution. Renderingvall the 78 -acres as open. space
is, in the opinion of counsel, a taking for which the City would be
liable for damages. '
Also, the proposed subject of the General Plan is the present
vacant 28 -acre parcel of land which this District has entitled
"Site D". There has been no determination by the District as to
the future use of that site. Again, we believe that the property
should have zoning and planning as if it were privately owned.
Although the District may utilize the property for school purposes,
a decision has not yet been made. It is inappropriate to designate
that property as limiting it to public facilities when there has
been no determination to use it as public facilities.
We believe at present there should be no change in the
existing use as it was planned and zoned before the City of Diamond
Bar was incorporated. Upon this basis, we believe that property
should continue to be listed"in the General Plan as residential
use.
Assets of the "school district are assets of the community.
Downzoning property because it is owned by the District results in
the diminution of the value of such property. For this reason
alone, school district prope'rties should be planned and zoned as to
comparable adjacent properties and not consist of an effort to
limit the discretion of the Bpard of Education of the Walnut Valley
Unified School District. '
Very truly yours,
Cla on H. Parker
CHP/pg
5chp/pg/wv:PLanning.Y98
Biamalea California. Inc.
100 Bayview Ciicle
suite 2000
Newport Beach. California 92660
;7141 509-4600
February 6, 1995
Phyllis E. Papen, Mayor
Gary H. Werner, Mayor Pro Tem
Eileen R. Ansari, City Councilmember
Clair W. Harmony, City Councilmember
Gary E. Miller, City Councilmember
City of Diamond Bar
21660 East Copley Drive, #100
Diamond Bar, California 91765-4177
RE: Diamond Bar General Land Use Plan Element
Honorable Councilmembers:
RECEIVEt) CONI VU iITY
4s�rc3 10 RM 5.29
My previous correspondence dated July 15, 1994 reported my strong opposition to the open
space land use designation proposed under the Draft General Plan as presented by the
Citizens Advisory Committee to the City Planning Commission. I believe that the Planning
Commission has made a considerable effort in an attempt to reach a land use designation
for our property which is more appropriate and in keeping with good planning policy as well
as constitutional law; however, I believe their recommendation falls short of our ultimate
goal. Therefore, Bramalea still objects to the land use designation of open space on any
portion of the Bramalea property. The reasons for this continuing objection can be found
in a copy of that July 15, 1994 letter (copy attached).
Regarding the Bramalea property, the Planning Commission has suggested a combined land
use designation of open space and residential development, with the entire property subject
to a Specific Plan overlay. This recommendation by the Planning Commission appears to
move in the direction as recommended in our July 28, 1994 letter (copy attached); however,
it falls short. Specifically, Bramalea does not agree that any specific areas of the property
should be designated open space; rather, a minimum of seventy-five percent (75%) open
space should be required for the entire property. Secondly, in lieu of a Specific Plan
designation, the entire property should have a Planned Development ("P.D ") Zone allowing
cluster development with appropriate lot sizes as detailed in our previous correspondence.
February 6, 1995
City Council of Diamond Bar
Page 2
In conclusion, the Planning Commission proposal gives Bramalea far less than it is entitled
to under the constitutional principles set forth in my previous letters. However, once again
in the spirit of compromise, Bramalea would be willing to accept the alternative land use
designation described above which would allow the City to secure fee title to the open space
which it desires (a goal unfulfilled by the Planning Commission recommendation).
Once again, this proposal is made solely for the purpose of avoiding dispute of the context
of the City's General Planning effort. It should not be construed as an admission that the
City could lawfully obtain the benefits of alternative land use designations through its
regulatory powers as a waiver of Bramalea's rights to a reasonable economic use of our
land.
incerely,
Dorian A. Johnson, .�
Vice President, Planning
Enclosure
cc:, with enclosure
Deborah Rosenthal, Esq., with enclosure
DAJ:mam
t\1&W\dj\dtyc =,&r
Biamaiea Cahfoinia.Inc
100 Bavview Circle
S_. tcc 2000
Ne%vpoit Beach. California 92660
t714�609-4600
July 28, 1994
David Meyer, Chairman
Lydia Plunk, Vice -Chairman
Bruce Flamenbaum, Commissioner
Franklin Fong, Commissioner
Don Schad, Commissioner
City of Diamond Bar
21660 East Copley Drive
Suite 190
Diamond Bar, California 91763
RE: Diamond Bar General Plan Land Use Element
Dear Honorable Commissioner:
My previous correspondence reported my strong opposition to the "Open Space" land use
designation proposed under the Draft General Plan to be .1placed upon the Bramalea
property. The intent of this letter is not to repeat my objections; rather, it is to propose an
alternative land use designation. We hope to find a land use designation which will meet
the City's desires and our needs as memorialized in the Memorandum of Understanding
entered into by the City of Diamond Bar and Bramalea California, Inc. on October 20,1992.
We propose that the Bramalea property (Tract 31479, Lots 4, 5, 6, 7, and 9 and Tract 42576,
Lots 50 and 51) instead of being designated as a combination of open space, rural
residential and planned development, all be designated as Planned Development I ("PD I").
This PD I designation would include the following development provisions for the Bramalea
property. Each of these items is consistent with or expressly stated in the Memorandum of
Understanding:
1. Require a minimum of 75% open space. Such open space would be required to be
dedicated to the City for open space and/or park purposes, with the dedication to
occur at the time the property is subdivided.
2. A maximum of 1 unit per 2.5 acres would be allowed. The total gross acreage,
including the open spaces, would be used in calculating the maximum number of
units for the property.
3. Clustering would be required within a contiguous development area.
4. Clustering from non-contiguous parcels within the property would be allowed.
July 28, 1994
Planning Commission
Page 2
5. In order to minimize impact and maximize clustering, buildable lots shall be no
greater than 10,000 and no less than 6,000 square feet.
This proposal gives Bramalea far less than it is entitled to under the constitutional principles
set forth in my previous letter. However, in the spirit of compromise, we believe that this
alternative land use designation would allow the City to secure lawful fee title to the open
space which it desires and retain for the Planning Commission and the City Council the
flexibility needed to secure superior design solutions. We hope the Planning Commission
gives full consideration to the open space and residential aspects of our package proposal.
This proposal is made solely for the purpose of avoiding dispute in the context of the City's
General Planning effort. It should not be construed as an admission that the City could
lawfully obtain the benefits of alternative land use designation through its regulatory powers
or a waiver of Bramalea's rights to the reasonable economic Use of our land.
Vice President,
cc: City Council Members
Gary H. Werner, Mayor
Clair W. Harmoy, Mayor Pro Tem
Phyllis E. Papen, Councilmember
Gary E. Miller, Councilmember
Eileen R. Ansari, Councilmember
James DeStefano
Deborah Rosenthal, Esq.
DAJ:mam
k:\kW\e;tiaj.=no.wc
100 baymew nide
S:i::e 2000
Neti'-Wrt beach Cablwma 92660
n:4 506.4600
July 15, 1994
148.233
Chairman and Members of the Planning Commission
City of Diamond Bar
Re: o+�erat Plan
Dear Chairman Meyer and Members of the Planning Commission:
This letter states our strong objections to the proposed
"open space" and "rural residential" designation of our property
located along Diamond Bar Boulevard. The proposed designations
are factually insupportable because the property is suitable for
development, as recognized by the City of Diamond Bar less than
two years ago when it entered into a memorandum of understanding
for residential use. The designations are also legally
insupportable as a taking of our property in violation of the
California and United States Constitutions.
Bramalea California, Inc., and I personally, also have
serious concerns about the fundamental fairness of the planning
process which generated the 1994 draft General Plan. I, along
with other landowners, participated in the General Plan Advisory
Committee (11GPAC11) from its inception. Before the draft General
Plan was completed, all of the landowners were stripped of our
voting rights so that we could not participate at all in the
proposed land use designations. A land useplanning process
which deliberately excludes participation from all owners of
undeveloped land violates fundamental due process and equal
protection. Unfortunately, it also appeared that the
was designed to reach a predetermined conclusion, the denial procedure
of
development rights to all currently undeveloped land.
The
Pro
undevelopedaland, dividedyinto sfive parcels lar
pproximately 400 acres of
surrounded
by completed subdivisions. When the final map waslrecorded,
Bramalea agreed to relinquish its residential development rights
for four of the five parcels to the County of Los Angeles. These
four parcels retained all other development rights when the final
map was recorded. The fifth parcel retained all development
rights, including residential rights, in the final map.
[t R AYALCA
Chairman and Members of the Planning Commission
July 15, 1994
Page 2
The 1994 draft General Plan proposes to designate three of
the non-residential parcels and a portion of the fifth parcel as
"open space. It proposes to designate the remaining portion of
fifth parcel as "rural residential." The final or fourth parcel
is proposed as "planned development." No private use is
authorized in the "open space" area, while the rural residential
and planned development designations drastically limit the
development potential of the Property.
The proposed General Plan is inconsistent with the City's
own expectations for use of the Property. Less than two years
ago, the City entered into a memorandum of understanding with
Bramalea which called for clustered residential use in and around
the fifth parcel, and dedication of the remaining parcels for
public use as determined by the City. The 1994 draft General
Plan effectively mandates the proposed dedication, without the
residential use which made it financially feasible for Bramalea
to pursue.
The remainder of this letter expands and explains the above
comments on the 1994 draft General Plan and its impact on the
Bramalea Property.
Th_ a �ro�osed desiana ��*+s are no factually supportable._
Approximately three-quarters of the undeveloped Braaalea Property
is designated as "open space." The proposed Land Use Element
identifies several different types of "open space," including
"open space areas which have been or may in the future be subject
to deed or subdivision map restrictions which
preclude
development." Draft General Plan, Land Use Element at 1-7. As
set forth above, the Bramalea Property was never "deed or map
restricted," even though residential development rights were
relinquished for certain parcels. It is therefore •susceptible
Of future development," and future preservation must include
strategies which address the landowners economic interests, such
as development rights transfer or clustering Sfi. Since the
landowners were ousted from the GPAC, we note that language
addressing the need for acquisition of privately owned open space
has been removed from the draft Plan.
We also question the suitability of the Property as open
space, without public acquisition. The majority of the interior
of the Property is not visible from any public access point, and
provides a view to only a limited number of private homeowners.
As private open space, there will be no public access to the
Property. The designated open space will be a financial burden
Chairman and Members of the Planning Commission
July 15, 1994
Page 3
on Bramalea without any corresponding recreational or visual
benefits to the public.l We are also unaware of any
environmental characteristics which make the Property necessary
or desirable for preservation. In fact, its only special
characteristic seems to be its undeveloped condition.
The proposed "rural residential" zoning of a portion of the
fifth parcel is even less supportable. The draft Plan identifies
"rural residential" as areas which are "appropriate for rural
residential development with a modest amount of open space." In
this case, the designated portion is located immediately adjacent
to Diamond Bar Boulevard, a major arterial, and across the street
from developed single family residential at the "RL" density. It
consists of land which retained all development rights, including
residential, under the final map. Nonetheless, it is one of only
four, very small "rural residential" sites in the entire City,
with no justification for such severely reduced density in just a
few scattered areas. Once again, the parcel's only special
characteristic seems to be its undeveloped condition.
proposed "open space" designation will leave Bramalea with noe
ability to use the Property for any private beneficial purpose.
Although the City does not propose to require public access, it
nonetheless requires Bramalea to leave the Property completely
undeveloped because of the City's purported interest in
preserving environmental features on undeveloped land. Although
the "rural residential" area nominally allows some use, it is
practically infeasible to construct low-density structures on
such a small parcel located adjacent to a major arterial. For
all practical purposes, therefore, Bramalea will have no
beneficial use of the Property if the 1994 General Plan is
adopted as proposed.
1 As discussed below, the City would not be entitled to
deprive Bramalea of all use of the Property even if it served a
public purpose. Lucas v. South Carolina Coutal Commission
(1992) 112 S.Ct. 2886. However, factually, the proposed
designation does not even serve a valid public purpose. Nollan v.
California Coastal Commission (1987) 107 S.Ct. 3141.
2 We have not addressed the proposed designation of a
portion of the Property as "planned development" because we are
not sure of the impact of the proposed regulations at the time.
However, it is unlikely that development of such a small area
will support preparation of a planned unit development, with all
Chairman and Members of the Planning Commission
July 15, 1994
Page 4
The proposed "open space" and "rural residential"
designations will violate the state and federal prohibitions
against taking without just compensation. According to the
Supreme Court, one of the principal purposes of the Takings
Clause is to 'bar Government from forcing some people alone to
bear public burdens which, in all fairness and justice, should be
borne by the public as a whole.' Armstrong v. United States
(1960) 364 U.S. 40, 49." Dolan v. Tigard, Slip Onion at 9.
"[Rregulations that leave the owner of land without economically
beneficial or productive options for its use -- typically, as
here, by requiring land to be left substantially in its natural
sta :e -- carry with them a heightened risk that private property
is being pressed into some form of public service under the guise
of =itigating serious public harm." Lucas v. South Carolina
Coastal Council (1992) 112 S.Ct. 2886, 2895. In this case, the
City will be forcing Bramalea to bear the entire burden of
preserving the Property, when the General Plan makes clear that
the benefits of the undeveloped land are enjoyed by the public as
a whole.
The proposed zoning of Bramalea's Property falls squarely
within the constitutional rule announced in Lucas v. South
Carolina Coastal Council: "when the owner of real property has
been called upon to sacrifice All economically beneficial uses in
the name of the common good, that is to leave his property
economically idle, he has suffered a taking." 112 S.Ct. at 2895.
In -Lucas, the landowner was prevented from constructing any
per anent structures on his oceanfront lots, on the grounds that
they were unsafe to develop. In this case, as in Lucas, the
reg'.:lation requires that the Property be left vacant for the
enjoyment of the general public. The damages which Bramalea will
suffer as a result of this taking are difficult to calculate at
this time, but will total many millions of dollars. We hope that
the City will reconsider the proposed designations before it
exposes its citizenry to damages of this magnitude.
of its attendant costs. The General Plan also provides no basis
for requiring that this small area, largely surrounded by
existing residential uses, "provide a greater level of community
amenities and cohesiveness, achieve superior design, and create a
more desirable living environment than could be achieved through
conventional subdivision design and requirements.` Once again,
the regulation appears to be designed to prevent development by
increasing the cost of the approval process beyond that which can
be feasibly supported by such parcels.
�ew�w�u
Charman and Members of the Planning Commission
July' 15, 1994
Page 5
The planning process has been procedurally defective. As a
lan5owner, Bramalea is entitled to reasonable notice and a fair
opportunity to be heard before the City changes the uses to which
the Property can be put. Bramalea is also entitled to the same
treatment as other similarly situated property owners, now or in
the past. Finally, Bramalea is entitled to participate in an
open and fair political process where each matter is heard and
decided on the merits.
In this case, the planning process has been deeply and
irreversibly flawed. As discussed above, landowners within the
Cit: were deliberately and abruptly excluded from the GPAC,
des=ite our evident interest in the outcome of the planning
process. Although we were able to comment as non-members, our
input was clearly devalued and the "give and take' of the normal
planning process was prevented. As a result of this unwise
exclusion, the 1994 draft General Plan does not reflect the
thoughts and recommendations of the entire community, but only a
verb limited group. The appearance of pre -judgment was
cve_—whelming, especially in light of the most recent changes to
the proposed Plan, some of which result in internal
inconsistencies in the Plan itself. In reviewing the draft Plan,
we hope that the Planning Commission will consider the concerns
and constitutional rights of landowners who will be most directly
affected by the proposed Plan, and who have so far been excluded
fresm full participation in the process.
The designation should reflect the past understanding of the
Cite. As set forth above, the memorandum of understanding
ret -ween the City and Bramalea called for clustering of
approximately 120 residential lots in and immediately around the
six `h parcel, with the remaining property dedicated to the City
for public uses. Bramalea remains willing to pursue a
clu-stering/dedication option with the City which provides
reasonable economic use of the Property and substantial public
benefits. However, the first step must be the City's recognition
that Bramalea is entitled to the reasonable beneficial use of its
:and and that any designation under the General Plan must protect
Brasnalea's fundamental property rights.
Chairman and Members of the Planning Commission
July 15, 1994
Page 6
We would be happy to meet
re resentatives to discuss this
v ruly your
2
Dorian A. Johp on AIA
DR: IC
DRILTR _.8223.COM
cc: Deborah M. Rosenthal, Esq.
with you or any City
letter or any related issues.
City of Diamond Bar
Planning Commission
Minutes
Land Use Element
1994 General Plan
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
AUGUST 30, 1994
CALL TO ORDER
Chairman Meyer called the meeting to order at 7:13 p.m. at the
South Coast Air Quality Management District Office, 21865 East
Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Chairman
Meyer.
ROLL CALL
Present: Chairman Meyer; Commissioners:
Flamenbaum, Schad, and Fong
Also Present: Associate Planner Rob Searcy; Assistant
Planner Ann Lungu; Interim City Attorney
Michael Montgomery; Engineer Consultant
Mike Myers; Administrative Secretary
Marilyn Ortiz; and Consultant Karen
Warner
Absent: Vice Chairwoman Plunk and Community
Development Director James DeStefano
Commissioner Flamenbaum arrived at 7:28
p.m.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
Max Maxwell, 3211 Bent Twig Lane requested the public be
allowed to participate in the discussion of the Land Use
Element.
Wilbur Smith, 21630 Fair Wind Lane suggested the service
stations make available restrooms, air, and water for the
motoring public. He further stated on page V-15 of the
Circulation Element, he would like to include Highway 71 as
a route to Chino Hills and exclude comments with regard to
Chino Hills since it is not part of Diamond Bar.
Martha Bruske, Diamond Bar stated the Planning Commission
does not allow public time to answer Planning Commission
decisions.
Responding to the public comments, Chair Meyer stated the
forum agreed upon at the beginning of the General Plan
process was to open a Public Hearing at the beginning of
August 30, 1994 Page 2 Planning Commission
each session and after closing the Public Hearing, a
discussion would be held by the Planning Commission. And,
while there may not be consensus between the public and
Planning Commission, it is the job -of the Planning
Commission to make a recommendation to the City Council.
There will be a second opportunity for the public to comment
prior to adoption of the recommendation as a final action of
the Planning Commission.
Responding to Mr. Smith's comments, C/Schad agreed that
there could be coin operated facilities to serve the
motoring public.
Chair/Meyer stated the consensus of the Planning Commission
is that the question of public motoring facilities could
more appropriately be dealt with at the time of a
conditional use permit and not as a General Plan or policy
issue. In addition, Grand Avenue is the only access to
Chino Hills within Diamond Bar corporate boundary and sphere
of influence and Mr. Smith indicated he wanted the Planning
Commission to confine the review to the corporate boundary
and sphere of influence. Speaking to the issue east/west
travel on Highway 71 is a regional topic.
Chair/Meyer declared the Public Comment portion of the
meeting closed at 7:32 p.m.
CONTINUED PUBLIC HEARING:
1. ADOPTION OF THE 1994 DRAFT GENERAL PLAN
A. CIRCULATION ELEMENT
A motion s made by C/Sch to add Strategy 2.1.12
Page V- to read: Exp a the feasibility of
inter onnected pedest an hiking trails. The m io
was carried unanimo ly.
//Fong suggeste the following changes orrections:
Page V , paragraph 6, spell ut LOS as Level
Serv' a (LOS).
,age V-4, last line, cond paragraph, dd
"average" so the se ence reads: " le V-1
presents the maxizifim average dail volume of
various roadway configurations f different
levels of service.
August 30, 1994 Page 3 Planning Commission
Page V-5, Table V- ading, add (LOS); and to the
second table ad (LOS) to read: "Level of Service
(LOS) Interpr ation".
Page V-6second paragraph, coordinate with Table
/leavi
aff is directed to rework the paragraph
in the reference to the schoo 'e.
, listing under c.2 Ro ay Average Daily
correct Brea Canyo oad north of
Pathfinder Road level of rvice ratio.
Page V-6, second line rom bottom of the page
indicate the meanin of "yellow" ie: yellow light
or traffic signal etc. EC/Myer will reword.
Page V-8, rea gn table heading "Los Angeles
County Clas fication", and delete "Roadway
Improveme Stds. (ft.) column. EC/Myer concurs.
Page V- heading V/C, add footnote to explain.
EC/My will spell out. Change location ing
in ft column from Colima Road to Gol Springs
Dr' e.
Page V-9, V-10 and V-11, Table -3, add reference
data footnotes.
Page V-13, add a refereryere data footnote.
Where Colima Road a ears, change to Golden
Springs Drive.
Page V-14 remo a DKS Associates legend and
out LOS lege at the bottom of the page.
Page V-17 2. a. Transit Services: s and
paragrcorrect grammar in seco sentence.
Under Railroad Lines, Southw Chief line is
a
serviced through Fullerton Am ak station. Strike
the second sentence and ins t Southwest Chief
line after San Diegans 1' a so the sentence reads:
"The Fullerton Amtrak ation, which serves the
San Diegans line and he Southwest Chief line is
located at the cor r of Santa Fe and Harbor
Boulevard and i pproximately 13 miles to the
southwest." Reword the second paragraph to read:
"Diamond Bar is served by the Metrolink Commuter
August 30, 1994 Page 4 Planning Commission
RECESSED:
RECONVENED:
Rail station; ng the Union Pacific Railroad at
Brea Canyon ad just north of State Route 60."
Page V-1 , a. Bicycle Routes, secon aragraph,
fourth entence, insert "on" so a sentence
read "Parking is not permi ed within the bike
la s except on Golden Spri s Drive near Brea
C nyon Road, and on the thbound lane of Diamond
ar Boulevard between ntefino Avenue and Grand
Avenue." 7
Page V-18, seconparagraph from the b om,
strike the dou a underline from "ow d and
maintained b he County" since n changes were
made.
Page V- questioned the ber of dwellings in
Bente e 1 under 1. Futur Development in Diamo
Bar. Under 1. Future velopment in Diamon ar,
Is a Analysis: ins t "or improve" so e
se tence reads: a City needs pol' es to
address impacts all streets in 'amond Bar and
to maintain or m rove roadway el -of -service
standards."
Page V-28, Strategy 1.3.5 should have a decimal
following the 3.
Chair/Meyer recessed the meeting at 8:30 p.m.
Chair/Meyer reconvened the meeting at 8:50 p.m.
CONTINUED PUBLIC HEARING:
1. ADOPTION OF THE 1994 DRAFT GENERAL PLAN
B. LAND USE ELEMENT
The consensus of the Planning Commission is to continue
the public hearing portion of the Land Use Element to
September 12, 1994.
AP/Searcy reported the Land Use Element is driven by
all of the other elements. Since it is the wish of the
Planning Commission to continue the hearing to
September 12, 1994, staff defers giving the report
until that time.
August 30, 1994 Page 5 Planning Commission
Chair/Meyer declared the Public Hearing portion of the
Land Use Element of the 1994 Draft General Plan open.
Max Maxwell, 3211 Bent Twig Lane stated two specific
areas should be designated on Page I-4 and I-5 named
"Parks and Recreation" and "Open Space" as indicated by
GPAC. On Page I-11, the Slope Density Chart was
submitted by GPAC indicating 10-15% slope density, and
Mr. Maxwell wishes it left that way and not changed to
30%. He further stated he is against an SP designation
for Tres Hermanos. Page I-22, Strategy 3.2.10, "for"
should be changed to "or" so it reads: "New
development on a slope density of 20% or more shall be
classified as a Hillside Management Area and shall
conform to the Los Angeles County standards or more
stringent criteria."
Barbara Beach-Courchesne, 2021 Peaceful Hills Road
asked for the opportunity to address VC/Plunk's
comments at the September 12, 1994 Planning Commission
meeting. She indicated the majority of changes and
recommendations to the Land Use Element were agreed
upon by the majority of GPAC members.
Wilbur Smith, 21630 Fair Wind Lane asked that the first
sentence on Page I-1 of the Land Use Element be put
back in as written by GPAC. On Page I-7, the approach
of attracting small business is a worthwhile goal, but
Diamond Bar does not have the resources. This document
needs to clearly state which approach should be
pursued. Regarding Page I-11, he feels the 25% slope
density is inappropriate.
Dan Buffington, 2605 Indian Creek asked why there is a
slope density indicated when there are ordinances which
override the density which can be placed on a parcel.
Chair/Meyer declared the Public Hearing portion of the
Land Use Element closed at 9:22 p.m..
A motion was made by C/Flamenbaum and seconded by
C/Schad to continue the Public Hearing meeting on the
Land Use Element of the 1994 Draft General Plan to
September 12, 1994 at 7:00 p.m. at the South Coast Air
Quality Management building.
PLANNING COMMISSION ITEMS: - None
Auqust 30, 1994 Page 6 Planning Commission
INFORMATION ITEMS: - None
A motion was made by C/Schad.and seconded by
C/Flamenbaum to adjourn the meeting. The motion was
carried unanimously.
Chair/Meyer declared the meeting adjourned at 9:25 p.m.
7"*p` V
Jacmes DeStefano
Secretary
1
1
1
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 22, 1994
CALL TO ORDER
Chairman Meyer called the meeting to order at 6:05 p.m. at the
South Coast Air Quality Management District Office, Diamond Bar,
California.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Chairman
Meyer.
ROLL CALL
Present: Chairman Meyer; Vice Chairwoman Plunk;
Commissioners: Flamenbaum, Schad, and
Fong
Also Present: Community Development Director James
DeStefano; Associate Planner Rob Searcy;
Assistant Planner Ann Lungu; Interim
City Attorney Michael Montgomery;
Engineer Consultant Mike Myers; and
Administrative Secretary Marilyn Ortiz
Absent: None
VC/Plunk arrived at 6:17 p.m.
C/Flamenbaum arrived at 8:00 p.m.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONTINUED PUBLIC HEARING:
1. ADOPTION OF THE 1994 DRAFT GENERAL PLAN
A. LAND USE ELEMENT
CDD/DeStefano stated the Land Use Element and the densities,
which are part of the classifications, have created concerns
with respect to the number of dwelling units which may be
built over the next twenty years. GPAC spent the majority
effort on the Land Use Element and made a number of changes
within the document. With respect to the text, GPAC added
that both map and deed restricted properties should
ultimately be designated open space. A clause was added
that no deed or map restrictions be lifted unless by a
majority vote of the people. With respect to the hillside
September 22, 1994 Page 2 Planning commission
areas, GPAC added a slope density formula which impacts the
Housing Element. This formula ranges from one (1) unit per
acre with slopes of ten (10) percent or less to one (1) unit
per 2.75 acres on slopes of thirty (30) percent or more.
The most significant changes are to the map and deed
restricted properties. In the previous plan, several were
classified as residential or planned development; all are
now proposed to be open space. Several changes are
recommended for the text; however, no changes are
recommended for the uses within those classifications.
Tres Hermanos Specific Plan property and the sphere of
influence are designated agricultural. As a result of the
density classifications indicated in the Land Use Element,
approximately 700 new dwelling units are proposed over the
next twenty years.
GPAC determined that density transfers were not a part of
City policy and needed to be approved by a vote of the
people in a general election.
The Land Use Element carries no more weight than any other
element. It is, however, the focus of most public opinion
and comment, with the greatest attention paid to the map.
In a court of law, however, each element is equal and the
General Plan must be internally consist.
The Land Use Element prescribes the land uses for the
community over the life of the General Plan. It discuss
density and intensity from which comes population figures,
review of traffic and transportation issues, as well as
level of service issues which are generated from the
theoretical land use classifications.
Chair/Meyer declared the public hearing open.
Wilbur Smith, 21630 Fairwind Lane suggested adding strategy
2.3.3, Page I-20 to read: "Require new housing developments
to provide one-half (1/2) acre of land for every 25 single
family residence and every 50 condominium units with
landscaping for a playground. Thereafter, the area will be
maintained by the City."
Barbara Beach Courchesne, 2021 Peaceful Hills Road indicated
that the citizens are very concerned with the Land Use
Element.
September 22, 1994 Page 3 Planning Commission
Chair Meyer declared the public hearing closed.
VC/Plunk stated that she has reviewed the tapes from the
previous meetings and is aware of the public comments. She
suggested that "town and country" atmosphere be used in
place of "country living".
CDD/DeStefano stated there are three ways to pay for
services: Through taxes for services; reduce the services;
and, incur new taxes through development. He stated that
with current State laws, many cities are focusing on sales
tax generation which is a significant contribution to annual
city revenue. In Diamond Bar it is very significant because
of the structure agreed upon with Los Angeles County through
incorporation. Diamond Bar receives considerably less
property tax dollars than other cities.
CDD/DeStefano emphasized that increasing the level of
services to Diamond Bar and paying for them is a very
critical issue over the next few years.
Chair/Meyer stated the Planning Commission is charged with
the responsibility of making a recommendation to the City
Council regarding a General Plan for Diamond Bar. The GPAC
document as presented to the Planning Commission, will be
presented in its entirety to the City Council. In addition,
the document prepared by the Planning Commission will be
presented to the City Council.
Motion was made by VC/Plunk to change Page I-1, A.
Introduction statement to read: "It is the goal of the City
to retain its town and country atmosphere through land use
policies." Motion died for lack of second.
Motion was made by C/Schad and
the Introduction statement as
with the roll call as follows:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
seconded by C/Fong to leave
is. Voting was deadlocked 2-2
Schad/Fong
VC/Plunk, Chair/Meyer
None
Flamenbaum
Chair/Meyer pointed out several extra spaces to be deleted
under Existing Conditions, last sentence, Page I-1.
VC/Plunk stated on Page I-2, Golden Spring should be Golden
Springs.
September 22, 1994 Page 4 Planning commission
C/Fong suggested adding "(approximately 800 acres,)" to the
last sentence, Page I-2 so that it reads: "The largest
parcel of vacant land is the Tres Hermanos property,
(approximately 800 acres,) at the northeast corner of the
City, between Grand Avenue and the Pomona (60) Freeway."
Chair/Meyer recommended on Page I-2, third paragraph, last
sentence, inserting "in size" so that the sentence now
reads: "Here, lots may be several acres or more in size,
depending on the severity of the slope. On Page I-2 under
2. Non -Residential Uses, paragraph I, second sentence, add:
"of the City's land area and are" so that the sentence
reads: "Commercial uses occupy approximately two percent of
the City's land area and are mainly located along Diamond
Bar Boulevard and portions of Golden Springs Drive." On
Page I-2, second paragraph, last sentence eliminate the word
"but" so that the sentence reads: "However, a selective
representative survey of local centers indicates the
following FARs are most applicable to Diamond Bar uses, and
can be considered representative for planning purposes:
Commercial = 9.24, Office = 0.38, and Business Park = 0.32."
Page I-2, last paragraph, second sentence, delete "open" so
the sentence now reads: "At present, there are 2,751 acres
of vacant land potentially available for development and/or
preservation."
C/Fong recommended adding the following to Page I-3, last
paragraph, first sentence: "potential development of vacant
land or hills adjacent to the 57 and 60 freeways and the
Union Pacific right-of-way in the City of Industry;
potential development of vacant land south of Brea Canyon
Cutoff and west of 57 freeway and Brea Canyon Road; and
Diamond Ranch High School in Tres Hermanos."
Regarding Page I-4, add "Existing" to the Table Heading so
that it now reads: "City -Wide Existing Land Uses (1993)."
C/Fong suggested adding "Within City Corporate Boundaries"
under TOTAL on Page I-4, and adding dashes (-) to the blank
boxes.
VC/Plunk suggested breaking out "Open Space" from the Table
and CDD/DeStefano indicated staff will assign more
appropriate wording.
Regarding Page I-5, VC/Plunk suggested Vacant Land be a
separate subtitle.
September 22, 1994 Page 5 Planning commission
With respect to I-7, C/Fong recommended under 1. Land Use
Mix a., using the word "and" in place of ampersand.
Motion was made by VC/Plunk and seconded by Chair/Meyer to
replace Open with Vacant on page I-7 so that a. now reads:
"Disposition of Remaining Vacant Lands Including, but Not
Limited to, a Determination of Deed and Map Restriction
Status." Motion was deadlocked 2-2 with the following roll
call:
AYES: COMMISSIONERS: VC/Plunk, Chair/Meyer
NOES: COMMISSIONERS: Schad, Fong
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Flamenbaum
Motion was made by Chair/Meyer and seconded by VC/Plunk to
eliminate the last sentence from issue analysis under 1.
Land Use Mix. Motion was deadlocked 2-2 with the following
roll call:
AYES: COMMISSIONERS: VC/Plunk, Chair/Meyer
NOES: COMMISSIONERS: Schad, Fong
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Flamenbaum
Chair/Meyer recommended on Page I-7, under D. Community
Development, all parenthetical items be eliminated so the
sentence reads: "The four major land use issues identified
in the Master Environmental Assessment are: 1) land use
mix; 2) capacities of the natural and man-made environment
to accommodate growth; 3) City image; and 4) local versus
regional needs and short-term versus long-term solutions."
Chair/Meyer further recommended on Page I-7, 1. Land Use
Mix, third sentence, the elimination of "these open" so the
sentence reads: "The survey found that various types of
notations and restrictions had been placed by the County on
the subdivision maps creating certain identified vacant
lands."
Under b. Open Space Definition and Preservation, last
sentence of the first paragraph, eliminate "does" so it
reads: "This General Plan categorizes these different types
of open space areas into distinct and clearly understood
designations."
In addition, Chair/Meyer recommended deletion of "are" from
the first sentence, second paragraph under b. Open Space
September 22, 1994 Page 6 Planning commission
Definition and Preservation so that it reads: "Presently
undisturbed hillsides, ridgelines and canyon bottoms located
on privately owned property are susceptible to future
development." In the second sentence add "through the use
of techniques" so that it reads: "Therefore, this General
Plan sets forth strategies for land use development that
will preserve significant environmentally sensitive areas
through the use of techniques such as transfer of
development rights and clustering."
Regarding Page I-8, 5th paragraph, C/Fong suggested the
following be eliminated: "However, the post Proposition 13
pendulum may swing some other way in the future, and".
VC/Plunk suggested the sentence be changed to read:
"However, the pro rata share of dollars to municipalities
may shift outside of the City's control."
VC/Plunk suggested the fourth sentence, paragraph six be
changed as follows: Delete "Fortunately,"; "take advantage
of" and add "target; delete "diversity" and add "return" so
that the sentence now reads: "Diamond Bar can target all of
these marketing strategies to maximize its economic return.:
Chair/Meyer suggested on Page I-8, first paragraph, last
sentence, under c. Economics, delete "ultimate" and add in
its place "basic" so that the sentence reads: "City
governments have two basic sources of revenue: local
residents and businesses." Under paragraph 2, last
sentence, insert "dwellings" so that the sentence reads:
"Available data also indicates that lower priced single
family dwellings, condominiums, and other attached multi-
family housing cost proportionately more for services than
they generate revenues."
Also on Page I-8, third paragraph, first sentence, eliminate
"would be in" and insert "is" and eliminate "expanded" and
insert "existing" so that the sentence reads: "A second
source of additional revenue to the City is sales taxes
generated by existing or new local businesses." Second
sentence, eliminate "positive" and replace with "more" and
insert the word "as" so the sentence now reads: "In
general, market research shows that retail commercial uses
generate significantly more municipal revenues as compared
to costs.
September 22, 1994 Page 7 Planning Commission
In the fourth paragraph, first sentence, eliminate "The
third" and add "Potential" and plural "sources" so the
sentence reads: Potential sources of additional revenues
for the City would be new or higher user fees, taxes, or
service assessments."
Chair/Meyer further suggested that "There are four" be
eliminated from the last paragraph, first sentence on Page
I-8 so that it reads: "fundamental marketing strategies
that cities typically employ, relative to commercial land,
to generate positive municipal revenues/costs are as
follows."
VC/Plunk recommended that under ISSUE ANALYSIS:, Page I-8,
"infrastructures and amenities" be added to the sentence to
read: "There is a need to encourage a variety of new or
expanded commercial uses and other non-residential
development, as well as investigate other funding
mechanisms, to help finance City services infrastructures
and amenities."
On Page I-9, 3b. Land Use Compatibility, second sentence,
eliminate "At the same time" so the sentence reads, "There
are outside pressures on the City to help solve regional
traffic problems." and add a sentence directly following
which reads: "At the same time, there are outside pressures
on the City adversely affecting the City due to outside
regional development and traffic."
RECESS: Chair/Meyer recessed the meeting at 8:10 p.m.
RECONVENED: Chair/Meyer reconvened the meeting at 8:20 p.m.
C/Flamenbaum suggested adding to the issue analysis under b.
Infrastructure Capabilities, "the anticipated increase in
traffic" and to eliminate "to continue" and add in its place
"to enhance" so the sentence reads: "There is a need to
plan now for the anticipated increase in traffic the
maintenance of existing facilities, fund new facilities, and
support future services to enhance the quality of life in
Diamond Bar."
Chair/Meyer recommended deleting the last sentence from 3b.
Land Use Compatibility on page I-9.
C/Flamenbaum recommended adding "from incompatible land
uses" to the Issue Analysis under 3b, page I-9 so the
September 22, 1994 Page 8 Planning commission
sentence reads: "There is a need to protect the character
of existing neighborhoods from incompatible land uses."
With respect to Page I-10, issue analysis under 4a, delete
"strong desire" and add in its place "need" and add "and
local activities" so the sentence reads: "There is a need
to prevent regional commuter traffic from impacting local
traffic and local activities."
Page I-10, Strategy 1.1.1 is deferred to the Monday,
September 26, 1994 Planning Commission meeting for
discussion.
Motion was made by C/Flamenbaum to eliminate the verbiage on
Page I-12, beginning with "all building restrictions"
including all of a) and b). Chair/Meyer stated the
provision of water structures to sustain wildlife will be
considered during the development review. Motionn carried
unanimously 5-0.
Motion was made by C/Flamenbaum and seconded by VC/Plunk to
delete the last sentence under strategy 1.1.9. on page I-13.
Motion carried unanimously 5-0.
Within strategy 1.1.10, strike the first sentence and change
the second sentence to read: "Within the Agricultural (AG)
designation, permit agricultural and compatible open space,
public facility, and recreation uses..."
Under strategy 1.2.1, correct WHERE APPROPRIATE to lower
case.
Motion was made by C/Fong and seconded by C/Schad to add
1.2.3 c. "Minimize grading to retain natural vegetation and
topography" Motion was carried 4-1 with the following roll
call:
AYES: COMMISSIONERS: Fong, Schad, Flamenbaum,
Chair/Meyer
NOES: COMMISSIONERS: VC/Plunk
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Regarding Page I-14, a motion was made by VC/Plunk to add
the following verbiage to strategy 1.2.6: "consistent with
the parks masterplan." Motion died for lack of second.
September 22, 1994 Page 9 Planning commission
VC/Plunk recommended "include uses" and "such as" to
strategy 1.3.3 a. on Page I-14 so that the sentence now
reads: "Typical uses in the Commercial Office category
include uses such as general retail, specialty retail,
markets, food and drug stores, commercial services,
restaurants, automotive repair and service, hardware and
home improvement centers, recreation, professional and
business offices, financial institutions, medical offices,
and real estate offices."
The Planning Commission members concurred that the Land Use
Map will be discussed Monday, September 26.
With respect to Page I-15, VC/Plunk suggested the following
revision of strategy 1.3.4, second sentence: Strike "which
generate sales tax revenues to the City" and add "should be
allowed subject to standards enacted to protect the privacy
and residential character of the neighborhood" so the
sentence reads as follows: "Residentially compatible home
occupations where consistent with other provisions of the
General Plan and Development Code should be allowed subject
to standards enacted to protect the privacy and residential
character of the neighborhood."
Motion was made by Chair/Meyer and seconded by C/Flamenbaum
to strike 1.3.5 c. and d. on Page I-15. The motion was
carried 4-1 with the following roll call:
AYES: COMMISSIONERS: Chair/Meyer, Flamenbaum,
Schad, VC/Plunk
NOES: COMMISSIONERS: Fong
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
C/Schad indicated that an "s" should be added to program in
strategy 1.3.7.
On Page I-16, strategy 1.4.2 VC/Plunk suggested adding "and
public amenities" so that it reads: Promote joint
development and use of parks and open space facilities with
adjacent jurisdictions; promote development of joint
school/park sites and public amenities."
On strategy 1.4.1, capitalize "Map" in the second line and
add a period after "purposes."
September 22, 1994
Page 10 Planning commission
Chair/Meyer suggested adding to strategy 1.4.6 and 1.4.7,
add "to include arterial highway access to the future
schools."
Motion was made by C/Flamenbaum and seconded by VC/Plunk to
remove the second sentence from strategy 1.5.1. The motion
was carried 3-2 with the following roll call:
AYES:
COMMISSIONERS:
Flamenbaum, VC/Plunk,
Chair/Meyer
NOES:
COMMISSIONERS:
Fong, Schad
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
Motion was made by C/Flamenbaum and seconded by VC/Plunk to
eliminate strategy 1.5.2. The motion was carried 3-2 with
the following roll call:
AYES:
COMMISSIONERS:
Flamenbaum, VC/Plunk,
Chair/Meyer
NOES:
COMMISSIONERS:
Fong, Schad
ABSTAIN:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
Regarding Page I-17, a motion was made by C/Schad and
seconded by C/Flamenbaum to reinstate strategy 1.5.2 to
read: "Require a public hearing prior to any action which
would change existing covenants, restrictions or dedications
on open space lands." Motion was carried 5-0.
C/Flamenbaum suggested that Open Space be capitalized in
strategy 1.5.3.
At the recommendation of VC/Plunk, staff was directed by the
Planning Commission to come up with a new 1.5.3 and add a
strategy to rank Open Space program and Open Space land
through acquisition by importance.
Chair/Meyer recommended under strategy 1.5.4, strike "or a
property owner" and add "transferring of" so the sentence
reads: "To preserve significant environmental resources
within proposed developments, allow clustering or
transferring of all or part of the development potential of
the entire site to a smaller portion of the site, thus
preserving the resources as open space, and mandating the
dedication of those resources to the City or conservancy.
1
1
September 22, 1994 Page 11 Planning commission
Motion was made by C/Flamenbaum and seconded by Schad to
strike strategy 1.5.5, and add "or land entitlements" to
strategy 1.5.2. Motion was carried 5-0.
Motion was made by C/Schad and seconded by C/Fong to adjourn
to Monday, September 26, 1994 to wrap up Land Use Element
with any final changes carried over to Tuesday, September
27, 1994. Motion was carried 5-0.
Chair/Meyer declared the meeting adjourned at 10:05 p.m.
Respectfully,
ames DeStefano�
Secretary
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 27, 1994
CALL TO ORDER
Chairman Meyer called the meeting to order at 7:00 p.m. in the main
auditorium of the South Coast Air Quality Management District
Office, Diamond Bar, California.
PLEDGE OF ALLEGIANCE
The audience was led in the Pledge of Allegiance by Chairman Meyer.
ROLL CALL
Present: Chairman Meyer; vice Chairwoman Plunk;
Commissioners: Schad, and Fong
Also Present: Community Development Director James
DeStefano; Associate Planner Rob Searcy;
Assistant Planner Ann Lungu; Interim City
Attorney Michael Montgomery; Engineer
Consultant Mike Myers; and Administrative
Secretary Marilyn Ortiz
Absent: C/Flamenbaum
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS
In response to Max Maxwell, 3211 Bent Twig Lane, CDD/DeStefano
brought to the attention of the Planning Commission a letter
received by the Planning Department. The letter is from JC
Dabney and Associates as it represents landholdings within the
City of Diamond Bar owned by Arciero and Sons. The letter
refers to three properties; the property within the South
Pointe Master Plan of approximately 41 acres; approximately 25
acres directly across the freeway at the end of Fallow Field;
and a four acre site across the street from the SCAQMD
building bordering Golden Springs and Copley Drive. Mr.
Dabney requests that the four acres across from the SCAQMD
building retain its commercial designation, as it has been
designated in the prior General Plan; the property off of
Fallowfield Drive on the east side of the 57 Freeway of
approximately 25 acres, be retained at a designation which
would permit a density of three units per acre even though a
project is currently before the City for about one unit per
acre; and with regard to the property within the South Pointe
Master Plan area, that it be retained at a minimum to
incorporate the proposed project, and, specifically, to permit
September 27, 1994 Page 2 Planning Commission
a three unit per acre zoning designation.
Wilbur Smith, 21630 Fair Wind Lane, Diamond Bar, referring to
the action of the Planning Commission to remove items 3 to 10
on Page I-22. In particular, Mr. Smith wants to understand
the Commission's position with regard to sewers in the City of
Diamond Bar.
Responding to Mr. Smith, C/Fong referred him to the Public
Services and Facilities Element, Page VI -5, Objective 1.1,
Strategy 1.1.6 requiring that new housing developments in
Diamond Bar be connected to a public sewage system.
Chair/Meyer responded that the consensus of the Planning
Commission was that those types of development standards would
rightfully belong in a Development Code for the City.
Barbara Beach-Courchesne, 2021 Peaceful Hills Road, Diamond
Bar, voiced her concerns regarding time constraints and the
potential loss of approval from the Office of Planning and
Research to continue. She requested that a copy of the final
draft 1994 General Plan be available to her at least three
days prior to delivery to the City Council.
Chair/Meyer responded that the document which was prepared by
GPAC has been delivered to all City Council members.
In response to VC/Plunk, CDD/DeStefano stated that the
proposal for several months has been that the City Council
will receive a document entitled PLANNING COMMISSION
RECOMMENDED DRAFT GENERAL PLAN. That document will contain
all of the verbiage from the Planning Commission, the
revisions to the GPAC verbiage, the GPAC verbiage, as well as
underlying base 1993 Plan. It will be all-inclusive so that
the City Council will be able to look at one document and
understand what the base document said, what GPAC's changes
were and what the Planning Commission recommendations are.
Again responding to VC/Plunk, CDD/DeStefano stated that the
City has not requested an extension, however, it is scheduled
for the next City Council meeting.
CONTINUED PUBLIC HEARING:
1• ADOPTION OF THE GENERAL PLAN
Chair/Meyer stated that the first order of business is to
September 27, 1994 Page 3 Planning Commission
complete the Land Use Element, have staff complete the
changes, and return the document to the Planning Commission
and open the matter to public hearing for input and direction.
At the conclusion of the hearing, the Planning Commission will
adopt recommendations and documents and pass the Draft General
Plan on to the City Council on or about October 12, 1994.
Referring to comment made regarding denying the public input,
Chair/Meyer stated that, as a procedural matter early in the
process, the Planning Commission established guidelines to
open public hearing portions to each element and collect
input. The public hearing portion would then be closed and
the debate of the Planning Commission would then proceed for
modifications on those elements. At each subsequent meeting
of the Planning ,Commission, during "Matters from the
Audience/Public Comments" members of the public would be
encouraged to comment on items in the General Plan and actions
of the Planning Commission. In is his opinion, the general
public has had,. on numerous occasions, opportunity to provide
their input and to lobby for movement from the Planning
Commission. The Planning Commission is making recommendations
on the Draft Plan. The real test for lobbying for any
position would be before the City Council in terms of their
adoption procedure.
Regarding the Land Use Map, Chair/Meyer indicated that there
have been several requests from landowners for various
designations on their respective properties, as well as a Land
Use Map with recommendations from the GPAC. One of the most
sensitive areas seems to be the designation of the open space
and what the Open Space designation will permit in terms of
zoning and use.
It is the consensus of the Planning Commission that the Land
Use Map generally fits the limited growth attitude of the GPAC
and citizenry.
VC/Plunk pointed out that 1.7 acres of Water District property
in the SEA does not appear on the map and asked staff to
research the matter.
C/Fong indicated that it would be helpful to have the outline
of the Boy Scout Reservation shown on the Land Use Map.
VC/Plunk cited the Little League, the YMCA, the private
recreational park in The Country as being private recreational
and therefore, wouldn't the General Plan also show the Boy
Scout property as a Private Recreational designation? The
Planning Commission concurs.
September 27, 1994 Page 4 Planning Commission
Responding to VC/Plunk, CDD/DeStefano stated that, in general,
the General Plan represents about a twenty year planning
period. Some cities create benchmarks of where they would
like to be in five year increments. The Housing Element is
more specific and has a cycle of five year reviews required by
the State of California. Most cities look at their General
Plan in a five year time period for complete overhaul.
Application for General Plan amendments can take place four
times annually.
In response to Chair/Meyer's summation of the OS designation
on the Land Use Map, CDD/DeStefano stated that, in addition to
the SASAK property, there are comparable properties where the
OS designation exists with restricted development. Some
properties have restrictions which prohibit everything; some
properties have restrictions which prohibit only residential
development; and some properties have a restriction which
allows a single residential dwelling to be constructed on the
lot.
RECESS: Chair/Meyer recessed the meeting at 8:20 p.m.
RECONVENED: Chair/Meyer reconvened the meeting at 8:32 p.m.
Commissioner Flamenbaum arrived at 8:40 p.m.
Responding to C/Fong, CDD/DeStefano stated that with respect
to parcels with the OS designation, there is a list known as
"THE OPEN LAND SURVEY" within the Environmental Impact Report
which was part of the Environmental Assessment and contains a
summary of parcels and their development status.
Motion was made by C/Fong and seconded by C/Schad to leave the
SASAK Land Use Designation as shown. The motion was passed 3-
2 with the roll call as follows:
AYES: COMMISSIONERS: Flamenbaum, Fong, Schad
NOES: COMMISSIONERS: VC/Plunk, Chair/Meyer
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Motion was made by C/Schad and seconded by C/Fong to leave the
School Property designation as OS. The motion was passed
unanimously.
Motion was made by C/Flamenbaum and seconded by VC/Plunk to
designate either side of the Pathfinder Homeowners Association
and the land due south which is currently declared to be Open
Space which has actual deeds on it designating it as Open
The Planning Commission agreed to retain the Commercial
designation for the Arciero property immediately north of
Golden Springs Drive across from SCAQMD.
Motion was made by C/Flamenbaum and seconded by C/Schad to
change the Bramalea property designation to OS/PD. The Motion
was carried unanimously.
Motion was made by C/Flamenbaum and seconded by C/Schad to
leave the Arciero property as RR. The Motion was carried 4-1
with the roll call as follows:
AYES: COMMISSIONERS: Flamenbaum, Schad, Fong,
Chair/Meyer
NOES: COMMISSIONERS: VC/Plunk
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Chair/Meyer announced that the October 10, 1994 meeting be
adjourned to Monday, October 17, 1994,at.7:00 p.m.
Chair/Meyer declared the meeting adjourned at 9:20 p.m.
Res ectfu yr Sub fitted
Jaa[es DeStefano
Secretary
September 27,
1994
Page 5 Planning Commission
Space be
converted to Private Recreation, similar to "The
Country"
park. The motion carried 3-2 with the following roll
call.
AYES:
COMMISSIONERS:
Flamenbaum, VC/Plunk,
Chair/Meyer
NOES:
COMMISSIONERS:
Schad
ABSTAIN:
COMMISSIONERS:
Fong
ABSENT:
COMMISSIONERS:
None
The Planning Commission agreed to retain the Commercial
designation for the Arciero property immediately north of
Golden Springs Drive across from SCAQMD.
Motion was made by C/Flamenbaum and seconded by C/Schad to
change the Bramalea property designation to OS/PD. The Motion
was carried unanimously.
Motion was made by C/Flamenbaum and seconded by C/Schad to
leave the Arciero property as RR. The Motion was carried 4-1
with the roll call as follows:
AYES: COMMISSIONERS: Flamenbaum, Schad, Fong,
Chair/Meyer
NOES: COMMISSIONERS: VC/Plunk
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Chair/Meyer announced that the October 10, 1994 meeting be
adjourned to Monday, October 17, 1994,at.7:00 p.m.
Chair/Meyer declared the meeting adjourned at 9:20 p.m.
Res ectfu yr Sub fitted
Jaa[es DeStefano
Secretary