HomeMy WebLinkAbout4/13/1992
Next Resolution No. 9242
AGENDA
CITY OF DIAMOND BAR PLANNING COMMISSION
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
AUDITORIUM
21865 E. COPLEY DRIVE
DIAMOND BAR, CA 91765
April 13, 1992
CALL TO ORDER: PLEDGE OF ALLEGIANCE ROLL CALL:
7:00 pm
COMMISSIONERS: Chairman Grothe, Vice Chairman MacBride, Flamenbaum, Li and Meyer
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the Planning Commission on any item that is within
their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non-agenda items. Please complete a
Speaker's Card for the recording Secretary (completion of this form is voluntary). There is a five minute maximum time limit when
addressing the Planning Commission.
* * * * * * * *
CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single
motion. Consent calendar items may be removed from the aqenda by request of the Commission only:
1.Minutes of March 23, 1992
OLD BUSINESS: None
NEW BUSINESS:
2.Discussion of Development Review Ordinance
3.Reorganization of Planning Commission CONTINUED PUBLIC HEARING
4.Tentative Tract Map 31977.
A request for an extension of time. TTM 31977 was approved by the City Council on February 6, 1990. The request is for a two (2)
year extension of time in order for the conditions of approval on the tentative map to be incorporated into the final map. The
project is for the subdivision of 16 acres into 22 lots, ranging from approximately 20,000 sq. ft. to 2.8 acres in size. The project site
is located generally along Highcrest Drive at Goldrush Drive. The site is zoned RPD-20,000.
Applicant: W. R. Lind, Inc., 44 S. Chester Ave., Pasadena Environmental Determination: Reviewed as a part of the Environmental
Impact Report prepared for Tract No. 36730. Recommended Action: (to be presented April 13, 1992)
5.Draft General Plan
The Diamond Bar General Plan is a statement by local citizens of what they feel is in the best interest of their community. It serves
as a blueprint for the type of community they desire for the future, and provides the means by which that future can be obtained.
The General Plan expresses, in the form of text, maps and illustrations, the policies and programs necessary to create and maintain
a functional, healthful and desirable environment in which to work and live. The Diamond Bar General Plan will serve as a
comprehensive strategy for the management of growth and change in our community throughout the next twenty years.
The Proposed General Plan addresses both the incorporated city limits and its adopted sphere of influence. The Draft Environmental
Impact Report (DEIR) prepared for the Diamond Bar General Plan addresses the environmental impacts created by the Plan as well
as mitigation measures for the impacts.
The Draft Diamond Bar General Plan incorporates the seven required general plan elements (land use, housing, open space,
conservation, safety, noise, and circulation) into five major sections:
The Plan for Public Services and Facilities The Plan for Resource Management
The Plan for Public Health and Safety The Plan for Physical Mobility
The Plan for Community Development
The focus of the April 13, 1992, hearing will be to introduce the overall General Plan and review the Plan for Public Services and
Facilities and the Plan for Resource Management.
INFORMATIONAL ITEMS:
6.Draft information sheet pertaining to Planning Commission meetings.
ANNOUNCEMENTS:
Staff
Planning Commissioners
ADJOURNMENT:
7.April 20, 1992 7:00 p.m.
The Planning Commission will determine at 10:00 p.m. whether or not any public agenda items which have not been initiated by
10:30 p.m. will be heard or continued to the next regularly scheduled Planning Commission meeting. Any item initiated before
10:00 p.m. on which a conclusion has not been reached by 10:30 p.m. may be continued to the next regularly scheduled meeting
or a special meeting.
CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
MARCH 23, 1992
CALL TO ORDER:
Chairman Grothe called the meeting to order at 7:14 p.m. in the South Coast Air Quality Management District Board Meeting Room,
21865 E. Copley Drive, Diamond Bar, California.
PLEDGE OFThe audience was led in the Pledge of Allegiance by
ALLEGIANCE:Commissioner Flamenbaum.
ROLL CALL:CommissionerLiCommissionerFlamenbaum,
Commissioner Meyer, and Chairman Grothe.Vice
Chairman MacBride was absent.
Also present were Community Director James DeStefano, Associate Planner Robert Searcy, Planning Technician Ann Lungu, City
Engineer Sid Mousavi, Deputy City Attorney Bill Curley, and Contract Secretary Liz Myers.
MINUTES:Motion was made by C/Flamenbaum, seconded by C/Li, and CARRIED to approve the Minutes of March 23,
Mar. 23, 19921992. C/Meyer abstained.
NEW BUSINESS:C/Flamenbaum suggested that discussion regarding Planning Commission Standards of Operation should
PC Standardsbe held at the end of the meeting. The Commission
of Operationsconcurred.
TT Map 51079/AP/Searcy reported that the application, to convert
Amendment toa 54 unit apartment complex to condominiums,
Cup 89-551 located at 800 S. Grand Ave., was conditionally approved on the February 24, 1992 public hearing. Staff has, per
Commission's direction, prepared the amended Resolutions. It is recommended that the Commission approve Resolution 92-07, and
92-08, approving an Amendment to CUP 89-551 and recommending approval of Tentative Tract 51079 to the City Council.
AP/Searcy explained that the changes made to the Resolutions are in bold print. He reviewed those changes made, to the
Commission.
C/Meyer stated that, because he is not adequately familiar with all the issues of the project, he will not be participating in the vote.
C/Flamenbaum stated that item #19, of Resolution 92-07, should reflect that the 8 parking spaces are to be outside of the gate.
CE/Mousavi, responding to C/Flamenbaum's inquiry, stated that there should be a minimum of 4 guest parking spaces.
Chair/Grothe requested item #19 be amended to insert that there is to be a minimum of 4 parking spaces, outside of the gate, to
total 130 parking spaces. The Commission concurred.
March 23, 1992Page 2
C/Flamenbaum suggested that the Resolution be modified to eliminate the traffic light and the current median cut because the
traffic light may cause further traffic congestion, and, it is not certain that the driveway of the proposed hospital project will align
with the present median cut.
CE/Mousavi stated that the developers of the proposed hospital project has indicated that it would not be a problem to align the
driveway with the present median cut.
CD/DeStefano indicated that the developer may be asked to contribute a fair share of the costs of the signal now, but to not install
it until a later date, when it is needed. The developer will then receive a portion of his contribution back when the other projects are
developed.
CE/Mousavi stated that he believes the statue of limitation, to use money held, is three years.
Motion was made by Chair/Grothe, seconded by C/Flamenbaum and CARRIED to approve Resolution 92-7, with the modifications
made to item #19. C/Meyer abstained.
Motion was made by Chair/Grothe, seconded by C/Flamenbaum and CARRIED to approve Resolution 92-8, as presented. C/Meyer
abstained.
AP/Searcy reported that at the conclusion of the March 9, 1992 meeting, the Commission requested the applicant to provide staff
with additional information for review and evaluation related to the visual impacts and the compatibility of the proposed office
building in relation to adjacent developments. The applicant did not provide the information, and requested another continuance to
the March 23rd Commission meeting. As of the date of the staff report, the requested information has not been received. Based on
the findings and conclusions, set forth in the Resolution, staff recommended that the Commission adopt the attached Resolution 92-
XX, denying DR 92-1, and Resolution 92-XX recommending that the City Council deny Tentative Parcel Map 22986.
David Ayala, designer of the proposed building, residing at 140 Yolinda Place, Brea, explained that the reason the requested
information was not submitted was because they are in the process of redesigning the project. They are incorporating the following
changes: reduce the massiveness in
CONTINUED PUBLIC HEARING:
Tentative Parcel Map 22986/
DR 92-1
March 23, 1992Page 3
the rear of the building; break up the remaining massiveness by reducing the elevation, having more roof top in the front of the
building, and splitting the office above and below the parking structure; and create a rear ingress into the building. He requested
that the matter be continued to the next meeting.
DCA/Curley advised that the application should be withdrawn because it appears that the applicant has made substantial changes to
the project as originally presented.
David Ayala explained that there has not been much revision made to the drawings, except for exterior revisions. The elevation of
the project is being changed to reduce massiveness.
C/Meyer indicated that he feels he is adequately familiar with the project, and will be participating in the vote. He inquired why the
applicant did not supply the information that the Commission had requested.
David Ayala explained that they are in the process of finishing a model of the building incorporating the changes made to the
proposed project. They do not anticipate any more revisions.
CD/DeStefano stated that, because it appears like there has been major changes made to the project, and that it is a significantly
different package then the one staff has been analyzing in the past, the application should be resubmitted with the new design.
DCA/Curley, noting that the applicant is proposing a new auxiliary access, stated that there would need to be an environmental
review. Furthermore, since the applicant is changing the basic design of the project, another public hearing should be reinitiated.
Fred Janz, residing at 2683 Shady Ridge, explained that the changes being made are in response to the concerns voiced by the
Commission that the building is too massive. The building is still 6,000 square feet, but will sit on the lot differently. The model will
be more effective in visualizing the building in the surrounding area.
The Public Hearing was declared open.
March 23, 1992Page 4
Nancy Villalobos, residing at 23910 Decorah Rd., representing the following individuals opposing the project: Eve Terrien, residing
at 23976 Minnequa Dr.; Chalyce Rolfness, residing at 23960 Sunset Crossing; Stewart Liddell; Mattie Roberts, residing at 23917
Decorah Rd.; Wanda Bowman, residing at 23968 Sunset Crossing; Donald Reinhart, residing at 23612 Stellgate Dr.; Mae Benson,
residing at 24023 Willow Creek Rd.; May Hart Wycorn, residing at 414 N. Del Solla; Don Gravdahl and Dean Gravdahl, residing at
23988 Minnequa, stated the following concerns: Sunset Crossing and Willow Creek are the only access roads into the tract,
therefore 90% of the traffic exits or enters through Sunset Crossing; the area is already congested by the LA Fitness Health Club;
the increase in traffic will be dangerous to the youth and elderly that are participants to the Racquetball/Swim Club on the corner
across from the proposed building; the building will create a lack of privacy to the residents east of the project; the parking for the
workers and customers of the building is insufficient; there's already excessive parking in the alley way; there will be an increase
traffic accidents; and speeding.
Don Gravdahl, residing at 23988 Minnequa, a member of the Racquetball/Swim Club, stated the following concerns: it is a minimum
parking situation; because there is a 6% slope on the hill, left turns in and out of the project may cause traffic problems; it would
be a detriment to the Diamond Point community; there is a heavy traffic count in the area now; it will impact parking for those
wanting to use the Racquetball/Swim Club facilities; and the applicant has indicated that there will be major revisions made to the
exterior of the building, but nothing has been done regarding the parking situation.
CE/Mousavi, responding to Chair/Grothe's inquiry of the Traffic and Transportation Commission's (TTC) response upon review of the
traffic concerns regarding the project, explained that the TTC reviewed the egress/ingress situation, the site distance issues from
the driveway, and how the driveway should be oriented. The TTC approved the design of the driveway, with a right turn only. The
parking situation, on site and off site, was not reviewed.
Don Gravdahl noted that a customer or an employee may be more apt to park at the tennis courts, as
March 23, 1992Page 5
opposed to walking through the health club, which would directly impact the neighborhood.
Nancy Villalobos stated that the Racquetball/Swim Club is open 6 days a week from 7:00 a.m. to 9:00 p.m. Parking is now already
limited.
Roger and Elizabeth Mejia, residing next to the proposed building site, opposing the project, presented pictures of the proposed site
in relation to the sloped hill.
David Ayala stated that the project is not a minimum parking situation. Furthermore, they are attempting to revise the project to
mitigate the parking and traffic concerns stated. In response to C/Meyer's inquiry if they would prefer to withdraw the application
until the plans are suitable for the Commission's review, he stated that they are requesting a continuance to be able to revise the
project, and present it to the Commission at the next meeting.
Fred Janz stated that the parking problem was created by LA Fitness. He reminded the Commission that there is a shared parking
agreement with LA Fitness that will help alleviate some of the parking congestion.
Nancy Villalobos noted that the parking situation occurs all day long. The 19 additional parking spaces will not help the problem.
The Public Hearing was declared closed.
C/Meyer noted that the applicant is proposing to put the building on a slope easement, which is usually dedicated to the public for
maintenance to the roads. He inquired what uses are permitted in the CM zone.
AP/Searcy reviewed some of the uses permitted. It is one of the most potentially intense uses, or zoned areas, in the City.
CD/DeStefano explained that the property on Diamond Bar Blvd, from Sunset Crossing north to the bowling center are all zoned
Commercial Manufacturing.
Motion was made by C/Meyer, seconded by C/Li and CARRIED UNANIMOUSLY to adopt the Resolution to deny Development Review
92-1.
March 23, 1992Page 6
Motion was made by C/Meyer, seconded by C/Flamenbaum and CARRIED UNANIMOUSLY to adopt a Resolution recommending to
the City Council to deny Parcel Map #22986.
Chair/Grothe called a recess at 8:39 p.m.The
meeting was called back to order at 8:43 p.m.
CD/DeStefano reported that the City Council approved Tract Map 31977, proposing 22 lots on 16 acres, in February of 1990. The
project is located north of Goldrush Dr. and Highcrest Dr. Staff has a variety of concerns regarding the map. It does not match the
current standards of development practices for both planning and engineering. Staff is not aware of any legal obligation to extend a
tentative map. It is recommended that the Commission deny the request for the extension of time.
CD/DeStefano, in response to Chair/Grothe, explained that the City Council approved the map in February of 1990. This is the first
application for an extension of time.
CE/Mousavi, responding to C/Meyer's inquiry, stated that there was no action on behalf of the staff which would have delayed
recordation of the final map. Because the conditions proposed at the time of approval have not been satisfied at this time, staff
cannot recommend recordation of the map to the City Council.
AP/Searcy, responding to C/Meyer's inquiry if the Tentative Map could be modified to comply with the Hillside Management
Ordinance, stated that the applicant has indicated that he would be amenable to look into if the tract map may be able to be
modified to bring it closer to conformance with existing standards and codes.
CD/DeStefano stated that staff would need to understand the issues behind not only changing the map, but the previously
approved conditions. Also, the issues before the staff are not related to density, but related to the overall lot site design and
configuration.
C/Meyer suggested that, if the applicant is amenable to redesigning the map, staff can add new conditions as part of the extension
process.
PUBLIC HEARING:
Tentative Tract Map 31977
Andrew King, the applicant, residing at 1595 South MacVerne Ave., Monterey Park, explained that when
March 23, 1992Page 7
the map was approved by the City Council, the consultant at the time, RKA, was to give the details of the final conditions. However,
only a draft version of the conditions was received in June of 1990. Because of the changes in staff, the final conditions had never
been received. We had been operating under the draft conditions assuming that it would be the final conditions. He clarified that
they are applying for an automatic extension under the Map Act.
AP/Searcy explained that State Law provides an automatic 60 day extension of time for tentative tract maps. The Subdivision Map
Act, and the County Code allow a one year maximum extension of time on a two year approval, for a maximum of three years of
any tentative approval of a map. Noting the correspondence received by the applicant, he stated that the applicant is requesting a
two year extension of time on the tentative map. However, the maximum allowed by State Law and the Code is for a period of one
year.
Wes Lind, engineer, located at 44 S. Chester Ave. Pasadena, stated that there is also a provision in the State Map Act which allows
for an automatic extension of time when there are circumstances where the processing through the government agency has caused
delay. He explained that the draft set of conditions received are very different from the set of conditions approved under the
Planning Commission resolution. We are trying to work to resolve the matter and abide by both of them.
Andrew King explained that because the final conditions were not received, the Department of Real Estate was delayed in the
processing of the tentative map.
The Public Hearing was declared open. The Public Hearing was declared closed.
C/Meyer inquired if the applicant is amenable to exploring the possibility of modifying the map so it would comply with the Hillside
Management Ordinance.
Andrew King indicated that they could probably accommodate changes to the CC&R's and the grading conditions.
DCA/Curley indicated that, notwithstanding the vesting map, the Map Act provides that we can
March 23, 1992Page 8
condition a time extension if we can make a finding that to not do so can place the residence of the subdivision, the immediate
community, or both, in a condition of "dangerous to their health, or safety, or both." This aspect has not been investigated.
Chair/Grothe indicated that since the Commission has never had the opportunity to be part of developing this tract map, he would
be apt to deny the continuance.
The Public hearing was declared open.
The applicant stated their consent to the continuance.
Motion was made by C/Meyer, seconded by C/Flamenbaum and CARRIED to continue the matter to the April 13, 1992 meeting, with
concurrence from the applicant.
AYES:COMMISSIONERS: Li,Flamenbaum,and Meyer.
NOES:COMMISSIONERS: Chair/Grothe.
ABSENT: COMMISSIONERS: MacBride.
Planning CortanissionCD/DeStefano presented the Draft Planning Standards ofCommission Handbook to the Commission.
The
Operations handbook is a composite of procedural guidelines prepared by the City Attorney in late 1989; outlining the creation of
the Planning Commission, their powers and duties, and the council handbook created mid-1990.
Chair/Grothe suggested that public comments be limited to five minutes.
C/Flamenbaum concurred that there be a modicum of a time limit. He further suggested that there be a policy whereas public
hearings would not commence passed 9:00 p.m., and that all meetings end by 10:30 p.m.
CD/DeStefano recommended placing a statement on the agenda that indicates that no public hearing items would be open after a
particular time period, and that the Commission will adjourn at a particular time period.
Following discussion, the Commission concurred to begin the meeting at 7:00 p.m., and placing a statement on the agenda
indicating that no Public Hearings are to be held passed 9:30 p.m., and meetings are expected to adjourn around 10:30 p.m.
March 23, 1992Page 9
ANNOUNCEMENTS:
ADJOURNMENT:
Attest:
C/Flamenbaum suggested that the Approval of the Minutes not be a separate item.
CD/DeStefano suggested that the Minutes, and the Resolutions brought back for the Commission's consideration, be placed on the
Consent Calendar. The Commission concurred.
Chair/Grothe, noting that new Commission appointments are in March, but reelection for the chair is held in July, suggested that
the Commission recommend to the City Council modification of their ordinance so that the two actions coincide.
CD/DeStefano made the following announcements: the Planning Commission's discussion on the White Paper is expected to begin
at 7:30 p.m., March 24, 1992; he suggested that, since the May 25th meeting is on Memorial Day weekend, the meeting be held
later in the week; the Tree Ordinance was not approved by the Council; the Dry Cleaners decision was appealed and approved by
the City Council, the JCC project will come back for a City Council Public Hearing on April 7th; the Planners Institute is April 9th
through the 11th; this meeting should be adjourned to March 24th, at 7:30 p.m. for the study session; and, if desired, the April
13th meeting should be held at 6:00 p.m for a study session on the General Plan.
Motion was made by C/Flamenbaum, seconded by C/Meyer and CARRIED UNANIMOUSLY to adjourn the meeting at 9:55 p.m. to
March 24, 1992 at 7:30 p.m.
Respectively,
James DeStefano Secretary/Planning Commission
Jack Grothe Chairman
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
DATE:April 9, 1992
TO:Planning Commission
FROM:Ann J. Lungu, Planning Technician
SUBJECT:Development Review Ordinance
On February 10, 1992, the Planning Commission was supplied with the City's Development Review Ordinance which is in effect at
this time.
On the March 9, 1992 Planning Commission meeting, the issue of massing on the side of residential structures and architectural
style was discussed. At that time, staff recommended that the Development Review Ordinance be agendized for specific discussion
in terms of the direction the Ordinance should be taking.
Attached to this memorandum is the Development Review Ordinance and minutes to the March 9, 1992 Commission meeting.
Please review this information and direct staff as appropriate.
March 9, 1992Page 9
ADJOURNMENT:
VC/MacBride stated that he will be unable to attend the March 23rd meeting due to a scheduling conflict.
Chair/Grothe requested that staff place, on the next agenda, a discussion on the procedure and policy of the Planning Commission.
The Commission concurred.
Chair/Grothe further requested that there also be discussion, on the next agenda, addressing the issue of massing on the side of
properties and architectural style.
CD/DeStefano recommended that the item be agendized, within the next two meetings, for specific discussion in terms of
direction, which would then lead to staff amending the existing Design Review Ordinance and/or the creation of a Commission
subcommittee to deal with the issue.
CD/DeStefano stated that the City Council will be reviewing the Tree Ordinance tomorrow. He further stated that the dry cleaning
project, approved by the Commission, was appealed and will be reviewed by the City Council to decide upon the merits of that
appeal.
Motion was made by VC/MacBride, seconded by C/Flamenbaum and CARRIED UNANIMOUSLY to adjourn the meeting at 9:48 p.m.
to March 23, 1992, at 6:00 p.m., for a study session on the General Plan.
Respectively,
JAMes DeStefano Secretary/Planning Commission
est:
Grothe Chairman
ORDINANCE NO. 5 (1990)fV0-1-dr;i4g/JrFF_Vir5vJ
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.72 TO TITLE 22 OF THE LOS
ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO DEVELOPMENT REVIEW AND REPEALING-ORDINANCES-
NOS11(1989),-,11A(1989),
_15 ( 1989 ) AND 5A ( 1989 ) AS HERETOFORE ADOPTEDre-,- I I-
A.Recitals.
(i) On March 12, 1990, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, as required by
law, pertaining to the establishment of a Development Review Procedure for specified projects within the City, as set forth in Exhibit
"A", attached hereto and incorporated by this reference as though fully set forth herein.
(ii) Upon conclusion of the hearing described in paragraph A.(1), above, the Planning Commission adopted its Resolution No. PC 90 -
3, recommending to this Council the
adoption of the amendment to the Los Angeles County Code, as heretofore adopted, set forth in Exhibit "A".
(iii) On March 20, 1990, this City Council conducted and concluded a duly noticed public hearing, as required by law, concerning the
amendment to the Los Angeles County Code, as heretofore adopted, set forth in Exhibit "A".
(iv) All legal prerequisites to the adoption of this Ordinance have occurred.
B.Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows:
1
Ict?0
Section 1: In all respects as set forth in the Recitals Part A., of this Ordinance.
Section 2: The City Council hereby finds and
•
determines that it can be seen with certainty that adoption of
this Ordinance cannot have a significant effect on the environment and, therefore, adoption hereof is not subject to the
requirements of the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) of Division 6 of Title 4 of
the California Code of Regulations.
Section3: Immediately--uposn'this'OrdihanCe-_becoming effective, Ordinances No. 11(1989)tand 15(1989), aS amended *ari-a the
effect thereof extended'by.bi.dirianCes No._11A(1989) and 15A(1989)I-reSpectiv-eiyehall:!be repdal6d and and of no further
forCe:and-effect. Notwithstanding the above provisions of this Section 3, any application filed on or after January 1, 1990 pursuant
to the requirements of Ordinance 11(1989), 11A(1989), 15(1989) and 15A(1989), or any of them, shall be deemed to be an
application for development review hereunder and the proponent thereof shall be required to comply with the requirements of this
Ordinance.
Section 4: A new Chapter 22.72 hereby is added to Title 22 of the Los Angeles County Code, as heretofore adopted, to read, in
words and figures, as set forth in Exhibit 13A11 hereto which, by this reference, is incorporated as though fully set forth herein.
2
Section 5: The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public
places within the City of Diamond bar pursuant to the provisions of Resolution 89-6.
ADOPTED AND APPROVED this 3rd day of April
1990:
Y?4.1
Mayor
I, LINDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the City Council of the City of Diamond Bar held on the 20th day of March, 1990,
and was finally passed at a regular meeting of the City Council of the City of Diamond bar held on the 3rd day of April 1990,
by the following vote:
AYES:COUNCIL MEMBERS: Horcher, Forbing, Miller,
Mayor Pro Tern Werner, Mayor Papen NOES:COUNCIL MEMBERS: None
ABSENT:COUNCIL MEMBERS: None
ABSTAINED: COUNCIL MEMBERS: None
.)
(1) (La,
City lerk, City of Diamolid Bar
ATTEST:
L^1011\\OTITLE220B I.3B3
_
Chapter 22.72 DEVELOPMENT REVIEW 22.72.010 Purpose and Intent.
A. This Chapter establishes the review procedures for residential, commercial, industrial, and institutional development proposals to
facilitate project development review in a timely and efficient manner; to ensure that development projects comply with all
applicable local design guidelines, standards, and ordinances; to minimize adverse effects on surrounding properties and the
environment; and are consistent with the general plan which promotes high aesthetic and functional standards to complement and
add to the physical, economic, and social character of Diamond Bar.
B. The City finds that a development review process will support the implementation of the general plan, as it stresses quality
community design standards. The City further finds that the quality of residential, institutional, commercial, and industrial uses has
a substantial impact upon the visual appeal, environmental soundness, economic stability, and property values of the City. This
Chapter is not intended to restrict imagination, innovation or variety, but rather to focus on community design principles which can
result in creative, imaginative solutions for the project and a quality design for the City. It is, therefore, the purpose of this Chapter
to:
(1) Recognize the interdependence of land values and aesthetics and provide a method by which the City may implement this
interdependence to its benefit;
(2) Encourage the orderly and harmonious appearance of structures and property within the City along with associated facilities,
such as signs, landscaping, parking areas, and streets;
(3) Maintain the public health, safety and general welfare, and property throughout the City;
(4) Assist developments to be more cognizant of public concerns for the aesthetics of development;
(5) Reasonably ensure that new developments, including residential, institutional, commercial and industrial developments, do not
have an adverse aesthetic, health, safety or architecturally related impact upon existing adjoining properties, or the City in general;
1
(6) Implement those sections of the City's general plan for the preservation and enhancement of the character and unique assets of
the City and its harmonious development;
(7) Minimizing the effects of grading by discouraging mass grading and excessive slopes to ensure that the natural character of
terrain is retained;
(8) Preserving significant topographic features, including rock outcroppings, native plant materials and natural hydrology while also
encouraging improved drainage from lots directly to a street, storm drain, or through public or privately maintained easement;
(9) Limiting the impact of slopes on adjacent' developed properties and limit construction on identified seismic or geologic hazard
areas;
(10) Encouraging the use of a variety of housing styles, split-level grading techniques, varied lot sizes, site design densities,
maintenance of views and arrangement and spacing to accomplish grading policies;
(11) To encourage orderly development of residences within areas more readily served by public services;
(12) To encourage the development of master planned projects which provide the service needs of the residents of those projects;
(13) To encourage use of energy conservation techniques in new developments..
22.72.020 projects Requiring Development Review.
A. An application for Development Review is required for any and all commercial, industrial, institutional development, and any
residential project which proposes five dwelling units or more (detached or attached) and which involve the issuance of a building
permit for construction or reconstruction of a structure(s) which meets the following criteria:
(1) New construction on vacant property;
(2) Structural additions or new buildings which are equal to fifty percent of the floor area of existing on-site building(s), or have a
minimum ten thousand square feet in gross floor area;
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0.1 Reconstruction projects which are equal to fifty percent of the floor area of existing on-site building(s), or have a.minimum ten
thousand square feet in gross floor area;
(4) Projects involving a substantial change or intensification of land use, such as the conversion of an existing building to a
restaurant, or the conversion of a residential structure to an office or commercial use.
B. Projects of a limited size and scope which do not meet the above criteria shall require an application for Administrative
Development Review pursuant to Section 22.72.060.
C. Residential construction involving four or less dwelling units are subject to Administrative Development Review pursuant to
Section 22.72.060.
22.72.030 Development Review Application.
All Development Review applications shall contain the following information:
A. A detailed plot plan showing:
(1) Dimensions and orientation of the parcel
(2) Location of buildings, structures, and signs, both existing and proposed;
(3) Location of eave overhang and architectural features;
(4) Location of landscaping and irrigation, both existing and proposed.
thereon;B. All building elevations, including signs
C. Indication of the types and colors of all exterior construction materials;
D. Location of all walls and fences, their height and materials of construction;
E. Copies of any and all CC&R's applicable to the development or use of the land; and
F. Any other architectural and engineering data as may be required to permit a complete investigation of the proposal.
(to scale);
3
22.72.040 DoveloomentRavie:44Authdrity The-Pliain
-
Colgslidoli.lisuthOrizb.d-t:O.\]:approveor;deny.,DevelOpment-xReview
appl!reasc5fial*.68iia#icinupOn
apPi.akialsub.ject totho right.:of-appeaifoltfie'City cduncil. Conditions .may include, but shall not be limited to, requirements for
open spaces, screening and buffering of adjacent properties,
fences, and walls; requirements for installation and maintenance of landscaping and erosion control measures; requirements for
street improvements and dedications, regulation of vehicular ingress and egress, and traffic circulation; regulation of signs;
regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements;
establishment of development schedules or time limits for performance or completion; and such other conditions as the commission
may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to
enable the Planning Commission to making the findings required by Section 22.72.140.
22.72.050 Administrative Development Review Authority. Development Review applications which do not meet the
requirements of Section 22.72.020.A shall be subjebt to review and 'approval-by the -Planning..DireCtor. If, in the opinion of the
Planning Director, the application involves unusual site development requirements or unique operating characteristics, or raises
questions of development policy substantially more significant than generally pertain to applications for Administrative Development
Review and which require Planning Commission consideration, the Planning Director shall refer the application to the planning
commission for review.
The Planning Director is authorized to approve or deny Administrative Development Review applications and to impose reasonable
conditions upon such approval, subject to the right of appeal to the Planning Commission. Conditions may include, but shall not be
limited to; requirements for open spaces, screening and buffering of adjacent properties, fences and walls; requirements for
installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications,
regulation of vehicular ingress, egress, and traffic circulation; regulation of signs; regulation of hours or other characteristics of
operation; requirements for maintenance of landscaping and other improvements; establishment of development schedules or time
limits for performance of completion; and such other conditions as the Planning Director may deem necessary to insure
compatibility with surrounding uses, to preserve the public health, safety, and welfare, and to enable the Planning Director to make
the findings required by Section
22.72.140.
4
22.72.060 laiiiiiiII.EA"..eiVe'c-16"elreiCSI5mentIRevievP•Preidgifure .
A. Applications for Administrative Development Review shall be filed by the owner or owners of the property for.which approval is
sought, or by the authorized agent thereof. Application shall be made to the Director on forms furnished by the City. The application
shall be accompanied by the materials and information required in Section 22.72.030 at the time of application and a filing fee shall
be paid for the purpose of defraying the costs incidental to the proceedings. Appropriate fees shall be determined by City Council
Resolution.
B. The Planning Director shall make an investigation
•
of the facts bearing on the case to provide the information necessary for the action consistent with the intent of this Chapter and
the General Plan.
C. Notice of hearings - Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or
uses of the subject property. Notice shall be mailed or delivered not less than ten (10) calendar days prior to the hearing to 'the
applicant and to all owners of property within three hundred (300) feet of the exterior boundaries of the real property under
consideration, utilizing the names And addresses of such owners as shown upon the latest equalized assessment roll of the County
Assessor of Los Angeles County.
22.72.070 Administrative Development Review. Review and
analysis by the Director will consider design elements, such as, but not limited to, compatibility of the project to surrounding
properties; relationship of the design and layout of the project to the site; architectural design and use of materials; grading;
landscaping; screening and buffering techniques of adjacent properties; signs; and open space. The Director will determine if the
project adequately meets applicable design guidelines and standards.
22.72.080 Director's Action and Appeal Procedures. Upon
completion of the public hearing, the Director may approve, conditionally approve, or deny the application and shall announce and
record his decision within 21 calendar days following the conclusion of the public hearing. The decision shall set forth the findings
required in Section 22.72.140, hereof, by formal resolution of the Director and shall be filed with the Planning Commission. A copy
of the resolution shall be mailed to the applicant.
5
The decision of the Director shall be final and shall become effective 10 calendar days after the adoption of the resolution by the
Director; provided, however, that if within such 10 day period, an appeal of the decision is filed by an aggrieved person within the
three hundred foot noticing radius, the applicant or City Council Member, the filing of such appeal within such time limit shall
suspend the decision of the Director until the determination of the appeal by the Planning Commission or its dismissal by the
appellant. Such appeal shall be filed in writing with the Secretary to the Planning Commission on forms furnished by the Secretary
to the Planning Commission.
22.72.090 Appeal to the Planning Commission.
A. Upon receipt of an appeal from the Director's decision under Section 22.72.080, a hearing date shall be set by the Secretary to
the Planning Commission. Notice of hearing shall be given as provided in Section 22.72.060.0 and the appeal shall be conducted in
the same manner as prescribed for Development Review in Section 22.72.110, hereof.
B. The Director shall transmit to the Planning Commission the original application, records, written reports, and Director Resolution
disclosing'in what respect the application and facts offered in support thereof met or failed to meet the requirements of this
Chapter.
C. The Planning Commission may, by resolution, affirm, reverse, or modify in whole or in part any appealed decision, determination
or requirement of the Director, but before granting any appealed petition which was denied by the Director or before changing any
of the conditions imposed by the Director, the Planning Commission shall make a written finding of facts setting forth wherein the
Director's findings were in error and wherein the property or particular use involved meets or does not meet the requirements of
this Chapter.
D. The decision of the Planning Commission shall be final and shall become effective 10 calendar days after the adoption of the
resolution by the Commission; provided, however, that if within such 10 day period, an appeal of the decision is filed by an
aggrieved person within three hundred foot noticing radius, the applicant or the City Council Member, the filing of such appeal
within such time limit shall suspend the decision of the Planning Commission until the determination of the appeal by the City
Council or its dismissal by the appellant. Such appeal shall be filed in writing with the City Clerk on forms furnished by said Clerk.
6
22.72.100 Appeal to City Council.
A. Upon receipt of an appeal from the Planning Commission's decision under Section 22.72.090, a hearing date shall be set by the
City Clerk. Notice of hearing shall be given as provided in Section 22.72.060.0 and the appeal shall be conducted in the same
manner as prescribed for Development Review in Section 22.72.110, hereof.
B. The Planning Commission shall transmit to the city Council the original application, records, written reports, Director Resolution,
Planning Commission minutes and Resolution disclosing in what respect the application and facts offered in support thereof met or
failed to meet the requirements of this Chapter.
C. The City Council may, by resolution, affirm, reverse, or modify in whole or in part any appealed decision, determination or
requirement of the Planning Commission, but before granting any appealed petition which was denied by the Planning Commission
or before changing any of the conditions imposed by the Planning Commission, the City Council shall make a written finding of facts
setting forth wherein the Commission's findings were in error and Wherein the property or particular use involved meets or does not
meet the requirements of this Chapter.
D. The decision of the City Council shall be final and shall become effective upon adoption of the resolution by the City Council.
22.72.110 Development Review Procedure.
A. Applications for Development Review shall be filed by the owner or owners of the property for which approval is sought or by the
authorized agent thereof. Application shall be made to the Director on forms furnished by the City. The application shall be
accotpanied by the materials and information required in Section 22.72.030 at the time of application and a filing fee shall be paid
for the purpose of defraying the costs incidental to the proceedings. Appropriate fees shall be determined by City Council
Resolution.
B. The Planning Director shall make an investigation of the facts bearing on the case to provide the information necessary for action
consistent with the intent of this Chapter and the General Plan.
7
C. Notice of hearings - Notice of public hearing shall contain the time and place of the hearing and the location and proposed use or
uses of the subject property. Notice shall be given in accordance with the requirements of California Government Code Section
65090.
22.72.120 Development Review. Review and analysis by the Planning Commission will consider design elements, such as, but not
limited to, compatibility of the project to surrounding properties; relationship of the design and layout of the project to the site;
architectural design and use of materials; grading; landscaping; screening and buffering techniques of adjacent properties; signs;
and open space. The Commission will determine if the project adequately meets applicable design guidelines and standards.
22.72.130 Commission Action and Appeal Procedures. Upon completion of the public hearing, the Planning Commission may
approve, conditionally approve or deny the application and shall announce and record its decision within thirty (30) calendar days
following the conclusion of the public hearing. The decision of the Planning Commission shall set forth the findings required by
Section 22.72.140, hereof, by formal resolution. A copy of the resolution shall be mailed to the applicant.
The decision of the Planning Commission shall be final and shall become effective 10 days after the adoption of the resolution by
the Planning Commission, provided, however, that if within such 10-day period, an appeal of the decision is filed by an aggrieved
person 'within the three hundred foot noticing radius, the applicant or City Council Member, the filing of such appeal within such
time limit shall suspend the decision of the Planning Commission until the determination of the appeal by the City Council or its
dismissal by the appellant. Such appeal shall be filed in writing with the City Clerk on forms furnished by the City Clerk. The appeal
shall be conducted pursuant to Section 22.72.100 and notice of hearings shall be given as required by Section 22.72.110.C.
22.72.140 Findings Required.
In approving or conditionally approving a Development Review Application or Administrative Development Review Application, the
City Council, the Planning Commission or Planning Director, as the case may be, shall make the following findings:
A. The design and layout of the proposed development is consistent with the applicable elements of the City's general plan, design
guidelines of the appropriate district, and any
8
adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community
plans, boulevards, or planned developments;
t. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring
existing or future developments, and will not create traffic or pedestrian hazards;
C. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will
maintain the harmonious, orderly and
attractive development contemplated by this Chapter and the general plan of the City;
D.. The design of the proposed development would provide a desirable environment for its occupants and visiting public as well as
its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a
reasonably adequate level of . maintenance.
E. The proposed development will not be detrimental to the public health, safety or-welfare or materially injurious to the properties
or improvements in the vicinity.
22.72.150 New Applications Following Denial. Following denial of a Development Review Application or Administrative Development
Review Application, no application for the same or substantially the same project for substantially the same site shall be accepted
for filing within one (1) year from the effective date of such denial.
22.72.160 Time Limits.
A.Each application hereafter approved or conditionally approved shall automatically expire and be of no further force or
effect if not exercised within one (1) year of its effective date, unless the approval therefor specifies a longer period; provided that
the Planning Commission, subject to appeal to the Council in the same manner and time as with the permit itself, may extend any
such approval for two (2) successive periods not to exceed six (6) months each, upon showing of good cause therefore, if written
application for such extension is filed fourteen (14) working days prior to the expiration thereof.
9
B.. "Exercise" shall mean substantial construction work pursuant to a building permit, and shall-not include preparation of plans,
engineering work or grading. In case of any dispute thereon, the applicant or successor in interest may request in writing that the
Planning Commission conduct a hearing of which the requesting party shall be given ten (10) calendar days written notice by first
class mail directed to the address • of the requesting party given in such written request for hearing. The decision of the Planning
Commission may be appealed to the City Council by the requesting party or any Councilmember, which shall upon the same written
notice, conduct a hearing. The decision of the Planning Commission, or of the Council, as the case may be, shall be final and
conclusive.
22.72.170 Revisions to Approved Application
A.Minor revisionstcPa.projeCt-aONiea pursuant to this Chapter may be made:after'review'and.aPproval"'by'the Director.
Minor.,.revisionsare hereby defined as-revisions which in no.way_change the-requirements-or:conditions--imposed-on the original,
approval nor violate the-intenyof any of the' standai=ds or conditions of the approval.'.oi."of.the'tChe.. All approved 'minor revisions
shall-be,repor-Eedinwriting,-:to.ihe"
Commission at :its;nextiegulai:.-Meeting:'
-
B.Revisions other than minor revisions, as defined above, shall be made pursuant to the procedures set forth in this
Chapter.
C.All copies of the approved revised project shall be dated and signed by the Director and made a part of the record of the
project. One copy of said approved revisions shall be mailed to the applicant.
22.72.180 Revocation. Any approval granted pursuant to this Chapter shall be revoked upon a finding that one or more of the
following conditions Jxist:
A. That the approval was obtained by fraud;
B. That the structure or project for which the permit was granted has ceased to exist, or construction thereof has been suspended
for six (6) months or more;
C. That the applicant has not complied with one or more of the conditions or approval.
10
Any such finding shall be made by the Planning Commission after .a public hearing. of which notice shall be given pursuant to
Section 22.72.060.0 in the case of an Administrative Development Review approved or by Section 22.72.110.0 for all other,
approvals—Said finding of the Commission and its determination pursuant thereto shall be subject to appeal by any interested
person, including any Council Member, in the same manner and within the same time as provided in Section 22.72.130, to the
Council, which shall upon the same written notice, conduct a hearing, notice of which shall be provided as set forth in this Section.
The decision of the Planning Commission, or of the Council, as the case may be, shall be final and conclusive. Action of the Planning
Commission, or of the Council, shall be by resolution, shall contain specific findings, and specific action relative to revocation.
Notwithstanding anything in this Section contained, the Commission, or the Council, as the case may be, with respect to any ground
of revocation coming within B or C above, may grant a period of time within which the approval may be reactivated, or within which
non-compliance with conditions may be remedied. In such event, the resolution shall be considered interlocutory, and the hearing
shall be continued automatically, without further notice, to the first regular meeting of the body adopting the resolution following
such extended date or dates set for full compliance. Thereupon by further resolution, 'the body theretofore otherwise finally acting
shall take final action with respect thereto.
22.72.190 Penalties-for-Violation.of Chapter. It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision or to fail to comply with any of the requirements of this Chapter. Any person, firm, partnership or corporation violating
any provision of this Chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon
conviction thereof, shall be punished by a fine not exceeding One ThOusand Dollars ($1,000.00), or by imprisonment not exceeding
six (6) months, or by both such fine and imprisonment. Each such person, firm, partnership or corporation shall be deemed guilty of
a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this Chapter
is committed, continued, or permitted to continue by such person, firm, partnership or corporation and shall be deemed punishable
therefor as provided herein.
11
22.72.200. Civil Remedies Available. The violation of any of the provisions of this Chapter shall constitute a nuisance and may be
abated by the City through civil process by means of a restraining order, preliminary or permanent injunction, or in any other
manner provided by law for the abatement of such nuisance.
22.72.210. Severabilitv. The City Council declares that, should any provision, section, paragraph, sentence or word of this Chapter
rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation,
the remaining provisions, sections, paragraphs, sentences or words of this Chapter shall remain in full force and effect.
1.\\1011\\ CODE \\DB 6.612
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO:Chairman & Planning Commission
FROM:James DeStefano, Community Development Dir
SUBJECT:Reorganization of the Planning Commission
DATE:April 8, 1992
On Tuesday, April 7, 1992, the City Council approved Ordinance No. 25D(1989). The Ordinance amendment changes the
reorganization date of the Planning Commission from July to March. The Council also directed that each commission reorganize at
their first meeting following the April 7, 1992 City Council Meeting.
Recommendation: It is recommended that the Planning Commission consider and elect a Chairman and Vice Chairman from its
membership.
JDS\\mco
Attachments: City Council Agenda Report for April 7, 1992 meeting Ordinance No. 25D (1989)
CITY OF DIAMOND BAR
AGENDA REPORTAGENDA NO. -7 '
SUBMITTAL CHECKLIST:
1.Has the resolution, ordinance or agreement been reviewedx Yes____ No
by the City Attorney?_
2.Does the report require a majority or 4/5 vote?Majority
3.Has environmental impact been assessed?_ Yesx No
4.Has the report been reviewed by a Commission?____x No
—
Which Commission?
5.Are other departments affected by the report?_ Yesx No
Report discussed with the following affected departments:
TO:Mayor and City Council
MEETING DATE: April 7, 1992REPORT DATE: April 3, 1992
FROM:Robert L. Van Nort, City Manager
TITLE: Amendment to the Commission-establishment ordinances concerning the time for the selection of a Chair and other officers.
SUMMARY: At the time the City Council decided to change the date of the City Council elections, ordinances were adopted which
moved the expiration date of the terms of the Planning, Parks and Recreation, and Traffic and Transportation Commissions. . The
ordinance also changed the effective date of appointed commissioners terms. However, through oversight, the ordinances did not
reflect the appropriate date for the three commissions to annually select their respective Chairperson and other officers. The
proposed amendment would change the date for selecting a Chairperson and other officers to the first commission meeting in
March, annually.
RECOMMENDATION: 1) It is recommended that the City Council introduce for first reading Ordinance 24C (1989), Ordinance 25C
(1989), and Ordinance 28C (1989). 2) Since the proposed changes to the ordinances would not be effective until the end of May
1992, it is recommended that the City Council direct each of the three commissions involved to reorganize at their first meeting
following the April 7, 1992, City Council meeting.
LIST OF ATTACHMENTS:___ Staff Report Resolution(s)
_x Ordinances(s) Agreement(s)
Public Hearing Notification
Bid Specification (on file in City Clerk's Office) Other
EXTERNAL DISTRIBUTION:
REVJEWED BY:
(,e2a/ttz
Robert L. an NortTerrence L. Belanger
City ManagerAssistant City Manager
(Department Head)
ORDINANCE NO. 25D (1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING ORDINANCE NO. 25 (1989),
AS HERETOFORE AMENDED, CONCERNING THE SELECTION
OF A CHAIR AND OTHER OFFICES OF THE PLANNING COMMISSION
The City Council of the city of Diamond Bar does ordain as follows:
Section 1. Section 5(g) of Ordinance No. 25 (1989), as
heretofore amended, of the City Council of the City of Diamond
Bar hereby is amended to read, in words and figures, as follows: "(g) The Planning Commission shall, at its first regular meeting in
March of each calendar year, elect a chairman from among its appointed members for a term of one (1) year, and may create and
fill such other offices as it may determine and shall hold regular meetings at least once a month and other meetings at such
additional times as are deemed necessary."
Section 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public
places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6.
ADOPTED, AND APPROVED this day of
1992.
MAYOR
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a
regular meeting of the City Council of the City of Diamond Bar held on the day of
1992, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of
, 1992,1by the following vote:
AYES:COUNCILMEMBERS:
NOES:COUNCILMEMBERS:
ABSENT:COUNCILMEMBERS:
ABSTAINED:COUNCILMEMBERS:
ATTEST:
City Clerk of the City of Diamond Bar
AGENDA ITEM NUMBER:4
REPORT DATE:April 8, 1992
MEETING DATE:April 13, 1992
CASE/FILE NUMBER:Extension of Time for Tract 31977
APPLICATION REQUEST: The applicant is requesting a one year extension of time in order to complete preparation of the tentative
map for "final" map approval.
PROPERTY LOCATION:
APPLICANT:
PROPERTY OWNER:
BACKGROUND:
North of Goldrush Dr. and Highcrest Dr. and south of Cromarty Drive and west of Leyland Drive and Armitos Place.
W.R. Lind, Inc.
44 S. Chester Ave. Pasadena, CA. 91106
Andrew King
1595 S. Mc Pherrin Ave., Monterey Park, CA 91754
On March 23, 1992, the Planning Commission conducted a public hearing on this application requesting a one year extension of
time in order to complete an conditions of approval for Tentative Tract Map 31977. The map was approved in February, 1990.
At the conclusion of the public testimony, the Planning Commission directed the applicant and staff investigate the possibility of
incorporating revisions to the map in order to bring the map closer current development standards. The alterations were to be
investigated and the results brought back to the Planning Commission for review.
ANALYSIS:
The applicant and the staff have met to discuss potential alterations to the map. The tentative revisions were submitted to the City
for review on April 8, 1992 at 1:00 p.m. Staff has not had an adequate review period to comment on concerning the adequacy of
the revisions. Additionally, staff has not had the opportunity to review the submittal nor discuss the potential ramifications of the
revisions with the City Attorney and City Engineer.
INTEROFFICE MEMORANDUM
CITY OF DIAMOND BAR
TO:
FROM: SUBJECT:
DATE:
Chairman and Planning Commissioners
James DeStefano, Director of Community Developme
REVIEW OF THE DRAFT GENERAL PLAN (GPA 92-1) AND MASTER ENVIRONMENTAL IMPACT REPORT (EIR 92-1)
April 10, 1992
-n
INTRODUCTION
The Diamond Bar General Plan is a statement by local citizens of what they feel is in the best interest of their community. It serves
as a blueprint for the type of community they desire for the future, and provides the means by which that future can be obtained.
The General Plan expresses, in the form of text, maps and illustrations, the policies and programs necessary to create and maintain
a functional, healthful and desirable environment in which to work and live. The Diamond Bar General Plan will serve as a
comprehensive strategy for the management of growth and change in our community throughout the next twenty years.
Throughout the last two and one-half years, a committee of dedicated and concerned residents (the General Plan Advisory
Committee or GPAC) have studied the choices for the future of Diamond Bar. This GPAC has derived a course of action for future
planning and has shared its recommendations with the City of Diamond Bar's Planning Commission.
The Planning Commission will conduct a series of public hearings so that residents may voice their opinions about the policies
outlined in the General Plan. The Commission will use public input to revise the General Plan before it submits the document to the
City Council for adoption.
The City Council will review the General Plan beginning in June 1992. The City Council will then conduct its own public hearings,
make revisions and then adopt the final document.
BACKGROUND
Local governments have the primary responsibility for the planning and regulation of land uses. State law requires that each city
and county prepare and adopt a "comprehensive, long-term general plan
1
for the physical development" of the community. This general plan must cover all incorporated territory and should go beyond the
city limits to include "any land outside its boundaries which.. bears relation to its planning." (sec.656300)
According to State guidelines for the preparation of general plans, the role of the General Plan is to "...act as a "constitution"for
development, the foundation upon which all land use decisions are to be based. It expresses community development goals and
embodies public policy relative to the distribution of future land use, both public and private."
Thus the General Plan serves to:
Identify land use, circulation, environmental, fiscal and social goals and policies for the City and its surrounding planning area as
they relate to land use and development.
Provide a framework within which the Planning Commission and City Council can make land use decisions.
Provide citizens the opportunity to participate in the planning and decision making process affecting the City and its planning area.
Inform citizens, developers, decision makers and other agencies, as appropriate, of the City's basic rules which will guide
development within the City and provide a similar notice as to how the City envisions development in the surrounding
unincorporated portions of the planning area.
State law requires that the General Plan include seven mandatory elements, each addressing a particular area of planning:
The Land Use Element designates the general distribution and intensity of uses of the land for housing, business, industry, open
space, education, public buildings and other categories of public and private uses.
The Circulation Element is correlated with the land use element and identifies the general location extent of existing and proposed
major thoroughfares, transportation routes, terminals and other local public utilities and facilities.
The Housing Element is a comprehensive assessment of current and projected housing needs for all segments of the community
and all economic groups. In addition, it embodies policies for providing adequate housing and includes action programs for this
purpose.
The Conservation Element addresses the conservation, development and use of natural resources.
2
The Open Space Element details plans and measures for preserving open space for natural resources, and managed production of
resources and outdoor passive and active recreational needs.
The Noise Element identifies and apprises noise problems within the community and forms the basis for land use distribution.
The Safety Element establishes policies and programs to protect the community from risk associated with seismic, geologic, flood
and fire hazards.
The Diamond Bar General Plan incorporates the seven required elements into five major sections: The Plan for Community
Development, The Plan for Resource Management, The Plan for Public Health, The Plan for Public Services and Facilities, and The
Plan for Physical Mobility.
ADMINISTRATION OF THE GENERAL PLAN
Once adopted the General Plan does not remain static. State law permits up to four amendments per year (Government Code
section 65358) the most common amendment proposed is the land use designation of a particular property. From time to time
portions of the plan may need revision in order to remain current.
The General Plan is not the same as zoning. Although both designate how land may be developed, they do so in different ways. The
General Plan and its diagrams have long-term outlook, identifying the types of development that will be allowed, the spatial
relationships among land uses, and the general pattern of future development. Zoning regulates present development through
specific standards such as lot size, building setback, and a list of allowable uses.
REVIEW PROCESS
A series of public hearings have been established to review the various elements of the General Plan.
The schedule of review (subject to adjustments by the Commission) is as follows:
1. Plan for Public Health and Safety April 13, 1992
2. Plan for Resource Management (Conservation and Open Space Elements)
April 13, 1992 and April 20, 1992
3
3.Plan for Public Health and Safety (Noise and Safety Elements)
April 27, 1992
4.Plan for Physical Mobility (Circulation Element) May 4, 1992
5.Plan for Community Development (Land Use and Housing Element)
May 11, 1992 and May 18, 1992
6.Final Review May 26, 1992
The Planning Commission final recommendations on the General Plan will be forwarded to the City Council for their review
beginning on June 2, 1992.
MASTER ENVIRONMENTAL IMPACT REPORT
An Environmental Impact Report (EIR) is required by the California Environmental Quality Act (CEQA) to address the impacts of the
General Plan. The EIR has been developed as a "Program EIR" under the Guidelines of CEQA. Therefore, it addresses the macro-
scale environmental impacts (please refer to Section I of the MEIR).
PUBLIC HEARING NOTIFICATION
Public hearing notices were published within the San Gabriel Valley Tribune and the Daily Bulletin in accordance with State law. In
addition, public notices were published within the Diamond Bar Highlander and the Los Angeles Times. Public displays on the
General Plan appear at the Diamond Bar Branch of the County Library, Security Pacific Bank, Bank of America and City Hall. Posters
announcing the General Plan have been circulated within the community.
General Plan documents have been available for review at the Library and City Hall. Copies of the Plan may be purchased at City
Hall. Additionally, a "loan" program has been established for review of the plan at City Hall.
RECOMMENDATION
It is recommended that the Planning Commission begin the Public Hearing process on the General Plan, receive testimony, forward
comments to staff, review the Plan for Public Facilities and the Plan for Resource Management and continue the Hearing to April 20,
1992.
4
Attachments:
1.Notice of Public Hearing
2.Public Hearing Poster (original size 11" x 17")
3.What is the General Plan?
4.City of Diamond Bar Draft General Plan, Master Environmental Assessment, Environmental Impact Report, Dated July
1991.
5.Revised:
Plan for Public Services and Facilities (3/24/92) Plan for Resource Management (2/27/92)
Plan for Public Health and Safety (3/24/92)
Plan for Community Development (3/30/92)
Plan for Physical Mobility (3/20/92)
The aforementioned Plans have been previously transmitted. Additional copies are available upon request.
5
CITY OF DIAMOND BAR
The Next Twen
Years
Public Hearings Scheduled for General Plan — Make Your Views Known
NOTICE OF PUBLIC HEARINGS
Notice of Public Hearings
Regarding the City of Diamond Bar Draft General Plan
NOTICE IS HEREBY GIVEN by the City of Diamond Bar that the Planning Commission will conduct public hearings on the Draft
General Plan beginning Monday, April 13, 1992 at 7:00pm in the South Coast Mr Quality Management District Auditorium located at
21865 E. Copley Drive, Diamond Bar,
DATES AND TIMES OF PUBLIC HEARINGS: Mondays, April 13, 20, 27, May 4 and 11 at 7:00pm (additional meetings to be
announced)
LOCATION OF PUBLIC HEARINGS:
South Coast Air Quality Management District Auditorium 21865 E. Copley Drive, Diamond Bar, Ci.lifonda 91765
ALL INTERESTED PERSONS are invited to attend the public hearings and provide their comments and testimony on the General
Plan.
GENERAL PLAN MATERIALS are available for review during regular office hours at the City of Diamond Bar Community Development
Department, 21660 Copley Drive, Suite 190, Diamond Bat Additional information is available at the Diamond Bar County Library,
1061 South Grand Avenue, Diamond Bat
If you are unable to attend the public meetings, but wish to send written comments, please write to the City Planning Division at
the address given above. You may obtain additional information at City Hall, (714) 396-5676.
•• • • • • • • • • • ***** • ***** • • • • • • • •
THE DIAMOND BAR GENERAL PLAN
The Diamond Bar General Plan is a statement by local citizens of what they feel is in the best interest of their community. It serves
as a blueprint for the type of community they desire for the future, and provides the means by
which that future can be obtained.
The General Plan expresses, in the form of text, maps and illustrations, the policies and programs necessary to create and maintain
a functional, healthful and desirable environment in which to work and live. The Diamond Bar General Plan will serve as a
comprehensive strategy for the management of growth and change in our community throughout the next twenty years.
HOW DOES THE GENERAL PLAN WORK?
According to State guidelines for the preparation of general plans, the role of the General Plan is to "... act as a 'constitution' for
development, the foundation upon which all land use decisions are to be based. It expresses community development goals and
embodies public policy relative to the distribution of future land use, both public and private."
Thus, the General Plan serves to:
•Identify land use, circulation, environmental, fiscal and social goals and policies for the City and its surrounding planning
area as they relate to land use and development.
•Provide a framework within which the Planning Commission and City Council can make land use decisions.
•Provide citizens the opportunity to participate in the planning and decision making process affecting the City and its
planning area.
•Inform citizens, developers, decision makers and other agencies, as appropriate, of the City's basic rules which will guide
development
within the City and provide a similar notice as to how the City envisions development in the surrounding unincorporated portions of
the planning area.
WHAT DOES THE GENERAL PLAN INCLUDE?
State law requires that the General Plan include seven mandatory elements, each addressing a particular area of planning:The Land
Use Element designates the general distribution and intensity of uses of the land for housing, business, industry, open space,
education, public buildings and other categories of public and private uses.
•The Circulation Element is correlated with the land use element and identifies the general location and extent of existing
and proposed major thoroughfares, transportation routes, terminals and other local public utilities and facilities.
•The Housing Element is a comprehensive assessment of current and projected housing needs for all segments of the
community and all
economic groups. In addition, it embodies policies for providing adequate housing and includes action programs for this purpose.
•The Conservation Element addresses the conservation, development and use of natural resources.
•The Open Space Element details plans and measures for preserving open space for natural resources, the managed
production of resources and outdoor passive and active recreational needs.
•The Noise Element identifies and apprises noise problems within the community and forms the basis for land use
distribution.
•The Safety Element establishes policies and programs to protect the community from risk associated with seismic,
geologic, flood and fire hazards.
The Diamond Bar General Plan incorporates the seven required elements into five major sections:
The Plan for Community Development, The Plan for Resource Management, The Plan for Public Health, The Plan for Public Services
and Facilities and The Plan for Physical Mobility
WHO PREPARED THE GENERAL PLAN?
Throughout the last two years, a committee of dedicated and concerned residents (the General Plan Advisory Committee or GPAC)
have studied the choices for the future of Diamond Bar. This GPAC has derived a course of action for future planning and has •
shared its recommendations with the City of Diamond Bar's Planning Commission.
The Planning Commission will conduct a series of public hearings so that residents may voice their opinions about the policies
outlined in the General Plan. The Commission will use public input to revise the General Plan before it submits the document to the
City Council for adoption.
The City Council will review the General Plan beginning in June 1992. The City Council will then conduct its own public hearings,
make revisions and then adopt the final document.
WHY IS MY INPUT IMPORTANT?
Development of new buildings, parks, activities or programs affects every resident and business person in Diamond Bar. To be sure
that your needs are served by the General Plan, attend a public hearing and make your views known.
PUBLIC HEARINGS
BEGIN APRIL 13, 1992
CITY OF DIAMOND BAR
21660 Copley Drive, Suite 100
Diamond Bar, CA 91765
-
What is the General Plan?
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. THE NATURE AND PURPOSE OF THE GENERAL PLAN
a. The Nature of the General Plan
The Diamond Bar General Plan is a statement by local citizens of what they feel is in the best interest of their community. The
general plan functions as a guide to the type of community they desire for the future, and provides the means by which that
desired future can be obtained. The Diamond Bar General Plan expresses, in the form of text, maps, and illustrations, the
organization of physical, economic, and social activities sought by the community in order to create and maintain a functional,
healthful, and desirable place in which to live and do business. The Diamond Bar General Plan will thus serve as a comprehensive
strategy for the management of future growth and change.
The Diamond Bar General Plan will be a useful guide for local decision making. To provide for logical and orderly development, the
General Plan addresses issues concerning public services, the economic vitality of the community, and environmental constraints.
Land use and policy determinations can thus be made within a comprehensive framework which incorporates public health, safety,
and "quality of life" considerations.
b. The Role of the General Plan
According to State guidelines for the preparation of general plans, the role of the General Plan is to establish a document which will
"...act as a 'constitution' for development, the foundation upon which all land use decisions are to be based. It expresses
community development goals and embodies public policy relative to the distribution of future land use, both public and private."
Thus, the General Plan serves to:
Identify land use, circulation, environmental, fiscal, and social goals and policies for the City and its surrounding planning area as
they relate to land use and development.
Provide a framework within which the Planning Commission and City Council can make land use decisions.
Provide citizens the opportunity to participate in the planning and decision making process affecting the City and its planning area.
Inform citizens, developers, decision makers, and other agencies, as appropriate, of the City's basic rules which will guide
development within the City and provide similar notice as to how the City envisions development in the surrounding unincorporated
portions of the planning area.
c. State Mandated Elements
State law requires that the General Plan include seven mandatory elements (See Figure 1). In addition to the elements required by
State law, the Diamond Bar General Plan will include an optional Public Services and Facilities Element as described below:
Public Services and Facilities: This element will
establish goals, objectives, and strategies for ensuring that land development is coordinated with the provision of public services
and facilities so as to ensure that Diamond Bar residents and businesses continue to receive high quality municipal services.
d. The Comprehensive Nature of the General Plan
To be effective as a decision making tool, the Diamond Bar General Plan will integrate the following comprehensive view of the
community's future physical, social, and economic concerns:
u
Diamond Bar General PlanMarch 23. 19921
What is the General Plan?
Establishing a Planning Area Boundary: In order to ensure that the City's General Plan addresses issues which may affect or be
affected by areas outside of the existing City limits, a comprehensive General Plan Study Area has been established (See Figure 2).
The preliminary study area boundary includes the City and its sphere of influence to the south. This planning area takes into
consideration areas outside the current City limits in recognition of the interrelationships between land use and other issues
affecting the City of Diamond Bar and surrounding lands.
Maintaining a Regional Context: It is important that the General Plan establish local policy, while keeping in mind that the City of
Diamond Bar is part of a larger region. Certain issues, such as traffic and air quality, have a local component, but are more readily
addressed on a regional or countywide basis. In such cases, the task of the General Plan will be to integrate the interests, values,
and concerns of the people of Diamond Bar with regional and countywide policies. In addition, it is the purpose of the General Plan
to provide a forum for the discussion and resolution of issues that cannot be solved by the City alone, but that require cooperative
actions by a number of jurisdictions.
Figure 1
State Mandated Elements
The LAND USE ELEMENT designates the general distribution and intensity of uses of the land for housing, business, industry, open
space, education, public buildings and grounds, waste disposal facilities, and other categories of public and private uses.
^The CIRCULATION ELEAf ENT is correlated with the
land use element and identifies the general location and extent of existing and proposed major thoroughfares, transportation
routes, terminals, and other local public utilities and
•The HOUSING ELEMENT is a comprehensive
assessment of current and projected housing needs for all segments of the community and economic groups. In addition, it
embodies policy for providing adequate housing and includes action programs for this purpose.
•The CONSERVATION ELEMENT addresses the
conservation, development, and use of natural resources, including water, forests, soils, rivers, and mineral deposits.
•The OPEN-SPACE ELEMENT details plans and
measures for preserving open space for natural resources, the managed production of resources, outdoor recreation, public health
and safety,' and the identification of agricultural land.
The NOISE ELEMENT identifies and appraises noise problems within the community and forms the basis for land use distribution.
•The SAFETY ELEMENT establishes policies and
programs to protect. the community from risk associated with seismic, geologic, flood, and fire hazards.
The General Plan recognizes that actions taken by other agencies may have serious implications for the Diamond Bar. Thus, the
plan provides for ongoing communications between the City of Diamond Bar and other agencies whose actions can affect and be
affected by actions taken by the City.
The General Plan also must provide a framework for local development that is consistent with the policies of appropriate Statewide
and regional programs. General Plans must comply with the requirements of the California Environmental Quality Act.In
Diamond Bar General PlanMarch 23, 19922
What is the General Plan?
Figure 2
Diamond Bar General Plan Study Area
LOCAL CONTEXT
CRY BOUNDARY SPHERE OF INFWENCE
SOU2CE:
PlorelIng Natwort, 1490.
addition, the following legislation and plans affects Diamond Bar:
LiSurface Mining and Reclamation Act
ra South Coast Air Quality Management Plan Ea Regional Mobility Plan
aRegional Growth Management Plan LIRegional Housing Needs Assessment
Identification of Issues: The Diamond Bar General Plan addresses not only issues that the State mandates be covered, but also
includes policies which respond to current and expected future community issues which will be identified during the
General. Plan preparation process. Key among the issues that have been addressed is the protection of Diamond Bar neighborhoods
from regional traffic.
e.Internal Consistency
Not only does the General Plan need to be coordinated with other jurisdictions and consistent with other land use policies and
regulations, State law requires that General Plan policies must also be consistent between and among each element. It has also
been established by State Law that all text and diagrams are to be internally consistent..
Diamond Bar General PlanMarch 23, 19923
What is the General Plan?
f. The Diamond Bar General Plan as a Long-Term Planning Tool
By definition, a general plan for any community needs to include policies which can be extended into the immediate and the long-
term future. Most cities rely on 15 to 25 years as the long-term planning horizon for the general plan. The Diamond Bar General
Plan establishes the year 2010 as a benchmark date for the preparation of general plan policy. Additionally, the Diamond Bar
General Plan establishes policies for the ultimate buildout of the study area, thereby creating the framework upon which future
general plan re-evaluation can be based.
g. Community Participation
State law requires citizen participation to be included in the planning process. Recognizing the importance of organized citizen input
into the planning process, a General Plan Advisory Committee (GPAC) was established by the City Council. At the beginning of the
General Plan process, interviews were held with community leaders to provide input to the GPAC regarding citizen concerns.
Workshops were held with the GPAC on a regular basis through the planning process. The community participation process also
includes public hearings before the Planning Commission and City Council prior to General Plan adoption.
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2. THE CITY OF DIAMOND BAR: PAST AND PRESENT
Diamond Bar began as "Rancho Nogales" (Ranch of the Walnut Trees) after a Spanish land grant was made in 1840. At its height, it
was one of the largest cattle and walnut ranch in Southern California. Until the mid 20th century, this land was alternately
combined and divided for various agricultural uses. In 1956, the Christiana Oil Corporation and the Capital Oil Company, a
subsidiary of the Transamerica Corporation,
purchased the Diamond Bar Ranch.A
comprehensive development plan was prepared and
approved for Diamond Bar, making it one of the first master-planned communities in the country.
During the 1960's, suburbanization spread eastward from the Los Angeles basin, stimulating local housing and population growth as
Diamond Bar's open hillsides were replaced by homes. Despite its conception as a master-planned community, Diamond Bar has
grown and developed as individual tracts were built. As a result of this development pattern, Diamond Bar today is primarily a
residential community.
For many years, Diamond Bar has provided an affordable rural lifestyle. However, skyrocketing house prices in the late 1970's and
1980's have created a community with many residents owning expensive homes who may or may not have high incomes to match.
In June of 1988, local voters decided to incorporate, and on April 18, 1989, Diamond Bar officially became Los Angeles County's
26th city.
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3. GENERAL PLAN ORGANIZATION
The Draft Diamond Bar General Plan is divided into three documents for ease of reference, and can be visualized as follows:
Document 1: General Plan
•Introduction
•Plan For Community Development
•Plan For Resource Management
•Plan For Public Health and Safety
•Plan For Public Services and Facilities
•Plan For Physical Mobility
Document 2:Master Environmental Assessment
Diamond Bar General PlanMarch 23, 1992
What is the General Plan?
\[a Document 3: Environmental Impact Report
•Environmental Impact Report
•Technical Appendices
a. Document 1: General Plan
The first document contains the policy portion of the General Plan proper, i.e., the compilation of the goals, objectives, and
implementation strategies. This document contains an introduction, and the Plans for Community Development, Resource
Management, Public Health and Safety, Public Services and Facilities, and Physical Mobility.
b. Document 2: Master Environmental Assessment
This document contains the Master Environmental Assessment for the City, which provides a comprehensive baseline of
environmental data from which further (project-specific) environmental analyses were performed.
c. Document 3: Environmental Impact Report/Technical Appendices
This document contains the Draft Environmental Impact Report for the General Plan, including the Notice of Preparation and
Responses. The EIR contains the appropriate environmental documentation for the General Plan as required by the California
Environmental Quality Act (CEQA), including detailed analyses of the various impacts of ultimately developing Diamond Bar. This
document also contains all of the technical appendices not specifically related to the EIR, such as noise, air quality, land use
summaries and alternatives, etc.
Diamond Bar General PlanMarch 23, 19925
INFORMATION PERTAINING TO PLANNING COMMISSION MEETINGS
GENERAL POLICIES
1.The Planning Commission welcomes your participation in the land use planning and development review process. Your
ideas and opinions are very important to the Commission.
2.Please outline, your, thought o4 time. If you wish to speak during the public hearing, please VIAttitoforvkad
4o4he,.poditnn when you have been recognized and state your name and address for the reccriel'oe
3.Please be brief, speak to the point and try not to be repetitious. Your comments should be limited to no more than 5
minutes. This time limit is set in fairness to others who may be waiting to speak and to permit adequate time for the Commission to
deliberate before reaching a decision. If you agree with a previous speaker's comments, indicate this without repeating what has
already been said.
4.If you have extensive written comments on an agenda item, the Commission will be able to read the material if they
receive it in the packets which staff sends out the Wednesday before the Commission meeting.
5.Public comments should be directed to the Commission and not to staff or the audience.
6.The staff or Commission will answer any questions raised by the applicant or public at the end of the public hearing.
PLANNING COMMISSION HEARING PROCESS
1.Public Hearing Opened.
2.Staff presentation and Commission_ qksupFti9r1s,
3.Applicant presentation Wid CAnunisaion quPsti9.1151,0f applicant.
4.Public Hearing opened for pilEttlel tistimortyl..)
5.Applicants .final comments (if any).
6.Commission discussion and close of Public Hearing.
7.Commission decision or continuance.
ADJOURNMENT INFORMATION
The Planning Commission will determine at 10:00 p.m. whether or not any public agenda items which have not been initiated by
10:30 p.m. will be heard or continued to the next regularly scheduled Planning Commission meeting. Any item initiated before
10:00 p.m. on which a conclusion has not been reached by 10:30 p.m. may be continued to the next regularly scheduled meeting
or a special meeting.
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