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HomeMy WebLinkAbout05/14/1990CITY OF DIAMOND BAR MINUTES OF CITY PLANNING COMMISSION MAY 14, 1990 The Planning Commission of the City of Diamond Bar convened in a regular session at 7:00 p.m. in the Walnut Valley School District Board Meeting Room, 880 South- Lemon Street, Walnut, California. PRESENT: 4 COMMISSIONERS: Grothe, Lin, Vice Chairman Harmony, and Chairman Schey ABSENT: 1 COMMISSIONER: Kane ALSO PRESENT: Bill Curley, City Attorney Ron Kranzer, City Engineer Jack Istik, Assistant City Engineer Dennis Tarango, Acting Planning Director Robert Searcy, Assistant Planning Director Dawn Anderson, Planning Technician Larry Weissman, Associate Planner Steve Koffroth, City Intern The Commission reviewed Commissioner Kane's Letter of Resignation. Mr. Curley stated that it is not official until the Council accepts it. MINUTES: Chairman Schey asked the Commission to consider the Minutes of April 23, 1990. Vice Chairman Harmony requested some changes. On Page 7, the end of the first paragraph, should read reinstate "'instead" of reinstated". Next sentence, eliminate "states dedicate the right to". Page 14, third paragraph, mid -way reads Vice Chairman Schey but should read Vice Chairman Harmony. Page 15, the word approvement should read approval. Motion was made by Vice Chairman Harmony and seconded by Commissioner Grothe to approve the minutes with these amendments. MOTION CARRIED unanimously. 77-1 DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14, 1990 MATTERS FROM THE PUBLIC: Skip Burton, Contractor for homes in The Country Estates area, Steve Faulk, Architect, stated that he has submitted plana to the building department, which have been approved but are now waiting for Planning Department's approval. He has ouonotruct1on loan and is ready to pull permits. He stated that he was told that the Planning Department could not accept the construction because now the City of Diamond Bar is using different criteria than the County of Loa Angeles. The home he wishes to construct is similar to other homes in The Country. To further delay this will be Rutting a financial strain on himself because the construction period has already started and there are limitations on the length of time a developer has. Secretary Tarango stated that there have been 3 -story homes in the Country approved by the County but the currant code does not approve such u development. Mr' Burton stated that the code identifies the Director of Planning to have the authority to waive this requirement. Mr. Curley stated that as e policy procedure, Mr. Tarmngo has made a decision and now the proper procedure is for the applicant to file an appeal to the Planning Directors decision. The Planning Director has made the finding that the proposed development does not conform to the current code, and thereby can not be approved by the Planning Department and the applicant is directed to file a variance in order to appeal this decision. � The Commission instructed the applicant that they could not make j a decision tonight due to the fact that it was not the scheduled � time for the variance to be heard and as a result they have not yet received information pertaining to this project. x CONSENT CALENDAR: 1. City Council Minutes - meetings of April 3rd and 17th, 1980. � Notion was made by Vice Chairman Harmony and seconded by � Commissioner Lin to approve the consent calendar. MOTION � CARRIED unanimously. ,^ ( 1 ` . ^~ � 2 � � . '� DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14, 1990 DISCUSSION ITEMS: 1. Economic and Feasibility/Fiscal Impact Checklist. The Planning Department has been asked to provide an .Economic Feasibility/Fiscal Impact Checklist to be used during the review of development proposals. Because no economic development Policies have yet been devised for the City's General Plan, only a generic set of guidelines based on the principle of economic analysis can be provided at this time. Secretary Tarango stated that at the previous Planning Commission meeting there were some concerns regarding some hotels and big projects in the City. The Commission directed staff to create a checklist that will give the Commission guidelinestogo by. Chairman Schey asked harry Weissman, Associate Planner, if he had knowledge of at whatoin P t a economic feasibility analysis % should be required. Mfr. Weissman stated that this is treated as a matter of discussion, basically this is set by the planning Commission. There are some cases :where the Director of the Department might require a feasibility study if a use of a particular Piece of property isn't justified in the extent that it is not probable that the project will be used for what the applicant is proposing. He does not know of any set of rules pertaining to p taming this issue of when and when not to require one. Ill „ Chairman Schey asked if it would be helpful for staff to have something like this? Mr. Weissman stated that it would be a function of staff to do feasibility analysis for eachra"ect P .7 as past of the initial study. He feels els tha t the checklist might be something that provides the Commission with some basic direction in terms of organizing thoughts. g g oughts. Mr_. Curleystated awed that his office face has some concerns about Section A which looks .more :towards' the conformance of the development. He hander! out Section 15131, part of the Environmental CEQA Guidelines. The analysis is clearly applicable from the City side, the effect on infrastructure, i what burden will it put on the City, etc. 3 TIF 19 DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14, 1990 However, looking at it from the likelihood of the success of the facility, is really outside the scope of both CEQA and the landuae approval. The Commission will be looking at how the project fits in with the environment not foretelling whether it is going to be an economic success. Commissioner 8rmthe stated that he did not find anything very concrete or definitive as to both when it is triggered or what the results are. Mr' Weissman stated that determining the break oven point, determining how much money does the project have to generate in order to be feasible, usually is a matter between the developer and the agency providing the financing for the project. When there is n project that comes in where the applicant is not able to indicate who the project is going to serve or where will they be coming from, then one might ask for some kind of indioation from the agency financing the project that this particular project will attract a sufficient number of people. From the Planning standpoint, the Planners will focus in on whether or not the basica are there for the proposed business. They are more interested in the demographics rather than the finances. The Planning Department would be interested in knowing how many people are needed to patronize this project in order for it to be successful, and then Planning would identify whether or not the population is capable of providing this number of patrons and whether the project is accessible by this population, how many other projects are there in the area, will there be enough demand to support the project in addition to the other developments that might be existing. There also might be cases when projects and the financing notwithstanding, the Commission might have questions as to whether anyone will actually use the project and this would be a time when o feasibility analysis would be required' He was not aware of any ordinances covering how the feasibility study should be conducted or how to determine fiscal impacts. There are CEQA 8uidm7ines that deal with how the land will be impaoted by the growth. � vice chairman Harmony stated that this issue was brought up by the residents during the review of the hotel. He contacted � the county to find out what their stance was pertaining to this issue. The City's responses varied from not requiring � them to requiring them on every hotel project. He felt that � this issue should be given attention. � lu 0 DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14, 1990 IN Commissioner Grothe felt that they should be able to give staff some direction or guidelines as to when they would require it and when they would not. This would help the applicants so that they don't get involved in the project and then find out one is required. Chairman Schey askedlVice Chairman Harmony when he contacted the different cities did they indicate whether there was an actual ordinance or Policy that directed their decision. Vice Chairman stated that the County did for any hotel with less than 100 units. Mr. Weissman suggested that through the development of the General Plan, this might offer some direction as to when a feasibility study would be required. Chairman Schey suggested that staff keep this issue in mind when reviewing projects so as to when a project is submitted where the feasibility is questionable, they might request a feasibility study. 2. Height Standards and Limitations. Staff feels that guidelines from the Commission will make determining height standards easier. Mr. Searcy stated that the current standards is an adoption of the unrevised version of the Los Angles County standards. Some of the areas i in Diamond Bar have a topography that make conforming to the existing code difficult. For example a developer wants to develop a house a certain size to make it profitable based on the cost of the land. If they cannot conform to the code, the Director does not, because of that situation, have the power to use his discretion in making a decision. There is also the problem of usage of basements and cellars. The code states that a residence may be constructed of 2 floors and a cellar. A cellar is the bottom livable area with more than 50% under grade. A basement is defined as the 'bottom floor with more than 50% over grade. The county has revised their standards to delete any reference to stories. Staff feels that maintaining the 36 foot height limit is within reason, without using reference to the floors will allow for greater flexibility in architectural styling. The new County Code deletes any reference to Director's approval for certain types of hardships. It states that if the applicant wants to supersede the ordinance, the applicant must come before the Commission and Council with a variance application. Staff recommends that the City of Diamond Bar amend the existing ordinanc so that it reflects both components of the existing and revised County of Los Angeles Ordinance. 11-9 -------- N DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14, 1990 3. Flood Control Management Practices. Jack Istick stated that this item is brought before the Commission as an informational item. The City is in the process of obtaining its own Flood Insurance Rate Map. A resolution and a first reading of the Ordinance before the City Council. The second reading of the Ordinance will occur after the Ordinance has received approval by the Federal Emergency Management Agency. At that time the City can address the only area which is currently mapped to be subject to flooding during a 100 year storm, this is generaly the northeast and northwest corners of the intersection of Brea Canyon Road and Lycoming Street. 4. Preparation for Sign Ordinance. Secretary Tarango stated that this is an discussion item and that staff plans to provide additional information at the June 25th Planning Commission meeting. Commissioner Schey stated that he prefers to prepare a draft ordinance prior to holding a public hearing on this item. The Planning Commission directed staff to schedule this item on the June 25th Planning Commission meeting. PUBLIC HEARING: 1 Zone Change/Conditional Use Permit 88-555, A Zone Change from A-1-15,000 (Light Agricultural - 15,000 square foot min. lot size) to C-3- DP -BE (Unlimited Commercial - Development Program - Billboard Exclusion) and Conditional Use Permit to allow a 100 room hotel on 2.3 acres. The site is located at 1035 1/2 Banning Way, Diamond Bar, Ca. Staff recommends continuance of the item to June 11th meeting due to a lack of information on the applicant's part. Those in Favor: There were none Those in Opposition: There were none 0 wya DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14, 1990 Public Hearing Closed: Motion was made by Chairman Schey and seconded by Vice Chairman Harmony to continue 89-555 to June 11, 1990, if the applicant is not prepared on June 11th, the Commission will have the option of denying the project. MOTION CARRIED unanimously. Chairman Schey asked to move Item No. 3 to Item No. 2 due to the fact that he has to leave at 9:00 p.m. and Commissioner Grothe has a conflict of interest with File Nos. 89-440 and 90-0036 and has been directed by the City Attorney to step down from the podium. If Chairman Schey is not here, there will not leave a quorum. 2. Zone Change 90-0036 and Conditional Use Permit 89-440, A Zone Change from M -1 -DP -BE (Light Manufacturing -Development Program - Billboard Exclusion) to C1 -DP -BE (Restricted Business -Development Program -Billboard Exclusion), and a Conditional Use Permit to allow a 3 story hotel 135 room hotel, a 200 seat restaurant, a 70 seat fast food restaurant with drive through, two retail shop buildings totaling 21,000 square feet, and three signs in excess of six feet above grade. The site is located on the east side of Brea Canyon Road between Interstate 60 and Lycoming St. Diamond Bar, Ca. Mr. Tarango stated that he met with the applicant's traffic engineer, the City Engineer and Vice Chairman Harmony to discuss the mitigation measures. Ken Spear stated that they have submitted those items requested by the Commission at the previous meeting. The applicants are also requesting that the easterly sign be increased from 75 square feet to 95 square feet. Staff has recommended deletion of the eastern sign replacing it with a wall sign. The applicants want to keep this sign due to its view from the 57 Freeway. The two pole signs are about 1000 feet apart. Mr. Kranzer recommended that the subject property provide for a possible future reciprocal ingress and egress. A system that includes the existing traffic signals at the on and off ramps of the 60 Freeway and Brea Canyon Road, Lycoming St. and Colima can be modified if deemed necessary as part of the system. 7 CD DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14, 1990 Rock Miller, the applicant's engineer stated that it would not be difficult to tie all the signals together in that vicinity. Those in Favor. Joe Han, 826 1/2 Silver Fir, stated that he is pleased with the changes in the project. Chairman Schey stated that this is standard. Public Hearing Closed. Harmony stated that he met with the engineers. provided the Commission with. feasi bi1iy mata Marriott marketing ng Monday they met with 2 study. members of the traffic Commission, staff and the applicant's s traffic engineer and -went. over the proposed changes to the intersection The mitigating measures keep the traffic from getting worse andwill improve rove parts of thep traffic coming off of Ly coming. City TrafficEngineer indicated that inclusion of as7gnal onColima w ill make 3 lights 1inked together. The Traffic Engineer has nein-H Chairman Schey indicated that the Commission has received letters from Lynn and Donald Briggs, 2350 Oakleaf Canyon, Walnut, and John Delripple, 21135 Lycoming St, Diamond Bar; stating that they are in favor of the project. They also received a petition from Claudia Yeager addressing the concern of privacy and requesting an eight foot high wall be approved to be constructed along Flood Control Channel. Those in €PPOeition. Don Schad, 1824 Shadedwood Road, Walnut, requested that the Commission keep the intensity of signs to a minimum in order to keep the light pollution to a minimum. Joanne Rogan, 1144 S. Crofter, Walnut, stated that she opposes the project because she does not feel that the City needs another hotel. She would like to see assurance that there is a need for this additional hotel. She was concerned With the traffic issue. She was also concerned with the homeowners view of the proposed sign. Claudia Yeager is not in opposition of the project, but asked a decision has been as to the wall and wiringis if under/ground proposed. Chairman Schey stated that this is standard. Public Hearing Closed. Harmony stated that he met with the engineers. provided the Commission with. feasi bi1iy mata Marriott marketing ng Monday they met with 2 study. members of the traffic Commission, staff and the applicant's s traffic engineer and -went. over the proposed changes to the intersection The mitigating measures keep the traffic from getting worse andwill improve rove parts of thep traffic coming off of Ly coming. City TrafficEngineer indicated that inclusion of as7gnal onColima w ill make 3 lights 1inked together. The Traffic Engineer has nein-H DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14, 1990 The parking under the bridge will be eliminated and expanded in order to gain a left turn pocket at this location and doing the same on the other side in order to turn left onto Colima going south. This will result in linking all three intersections together. Chairman Schey asked Mr. Kranzer if it would be feasible, given the left turn pocket, to create a raised median. Mr. Kranzer stated that this would be feasible but would create a physical barrier restricting cars to turn into the sites along the street. He did not feel that this would be a problem. Requiring double lines might be implemented if there is a problem with cars entering into the pre-school parking lot. Mr. Kranzer watched the traffic at this inter -section this morning and only 1 car turned into this location. Mr. Tarango stated that an eight (8') foot wall might invite graffiti and suggested considering the possibility of integrating landscaping into this wall. Motion was made by Chairman Schey and seconded by Vice Chairman Harmony to approve Zone Change 90-0038 and Conditional Use Permit 89-440 subject to conditions listed by staff, the conditions of approval by the City Engineer including the Colima and Brea Canyon intersection signalization coordination, with consideration to a tie-in to the Colima and 60 east bound off -ramp s i gna 1 i zat i on, extension of the turn pockets under the bridge, installation of an eight (8') foot wall and appropriate landscaping on the north boundary and limiting the applicant to one freeway sign, leaving this to the applicant's discretion to choose which sign they wish to delete. Mr. Curley stated that the resolution should reflect that the Conditional Use Permit approval is conditional and subject to the City Council approving the Change of Zone. Section 3C of the resolution needs to have added "provided that the City Council approve and adopt the recommended change of zone". At the end of the resolution, Section 6 would become 7 and add a section 6 "Conditional Use Permit approval is subject to and contingent upon final adoption of the Change of Zone". Motion was made by Chairman Schey and seconded by Vice Chairman Harmony to include this amendment and to include subject to issuance of Cal -trans permits. This approval did not to include the wall sign. MOTION CARRIED unanimously. 9 DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14, 1990 3, Conditional Use Permit 89-528 and Environmental Assessment, this request is to develop a multi -tenant commercial project totalling 99,325 of gross floor area on 4.8 acres of land in Zone C3 -DP (Unlimited Commercial with a Development Program Overlay) located at the southwest corner of Grand Avenue and Brea Canyon Road. Mr. Searcy listed some of the items that needed to be addressed. McDonalds submitted their sign program in addition to the total project sign program. Page 2 of staff report contains both the parking calculations in Section E and the freestanding sign information in Section F. Their provided parking exceeds the required parking by 20 spaces. Within this calculation, does not include any of the parking which may be provided in the 2 1/2 story parking structure. This the existing parking on-site now reflective of transferring some of the storage and display of cars to the parking structure and the addition of the parking within the additional 4 parcels. Based upon the frontage that is allowed for this type of a center, the applicants are allowed a maximum signage of 1,620 square feet possible. At this time they are proposing a total of 898 square feet. There has been an addendum to the traffic report submitted to the Traffic Engineer for his comments which are included in the agenda package. There has been an addendum to the line of sight which reflects the distance from which one can see every major structure on the site and also the signage which is also included in the agenda package. Additionally, there was a concern voiced at the last meeting about noise produced and how it would impact the structures on-site. The noise produced by the car wash is less than the current noise produced by the Freeway during various time periods throughout the day. One of the conditions was the inclusion of certain sound barriers built into the structures that are proposed on- site. The car was will not in any way increase the production of sound existing at that site. Chairman Schey stated that some of the concerns raised at the last meeting were the parking calculations and the aesthetic appearance of the facility. Public Hearing Open: Russ Hand, Owner of Diamond Bar Honda and the property at that location, 525 S. Grand, asked that this project be brought to a vote tonight to enable him to go onto the City Council. 10 Q DIAMOND BAR PLANNING COMM18SI1N MINUTES OF MAY 14, 1990 Those in Favor: There were none. Those in OPPOSiti n: Fred Jans, 2683 Shadey Ridge, Diamond Bar, one of the owners of the carwash that was proposed for Brea Canyon which was denied. He asked if the applicant of this project was required to present a sound and traffic studies. He wanted to make sure they were reviewed by the same criteria. Chairman Schey stated that the applicant of the expansion of the Honda Dealership was required to submit a traffic study. Information from Cal -trans and readings taken at the site pertaining to noise were included in the staff report. The applicant was not required to conduct a sound study due to the fact that this project is not adjacent to any residential. Vice Chairman Harmony wanted to state for the record that he asked for a sound study for this project. Joe LaRitta, 2546 Sunbright Dr., Diamond Bar, wanted to address the signs along the Freeway. He is concerned that there was an ordinance passed many years ago that stated that billboard signs were not allowed. He asked the Commission to consider the signage as it can be seen by residents and People traveling along the Freeway. Public Hearing Closed. Chairman Schey stated that he is satisfied that the traffic issues have been addressed, the parking calculations seem to be appropriate. His major concern is with the 50 foot pylon sign. The applicant has deleted the reader board from the Pylon sign. Grothe proposed that they accept the project as recommended by staff with the limitation that the pylon sign is no higher than 25 feet above top of the curb. DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14, 1990 Vice Chairman Harmony stated that according to the sign regulations they are allowed a large amount of signage. He is satisfied with the sign as proposed especially without the reader board. The applicant indicated that this sign will be internally lit. Vice Chairman Harmony stated that he did object to the tower built onto the McDonalds Restaurant. He would like to proposed that in the motion it be deleted. He asked the applicants where they planned to have the employees and the customers park their cars. The applicant indicated that they do plan for the curbs along Brea Canyon to marked red in the future. The parking structure is proposed to be used for service vehicles, new vehicles and their employees. Vice Chairman asked if it would be appropriate to allow for code striping on the first floor only. The applicant indicated that their intent for the first floor was to prepare for delivery new vehicles and washing of any used cars or customers' cars being serviced. employee vehicles and cars larger than compact size will probably be on the very top floor. If they were going to call for re - striping to allow for larger cars, then it would probably be more appropriate on the too floor. Vice Chairman Harmony stated that his concern was that there be adequate parking for customers on-site. The applicant stated that the addition of the parts department will not call for additional parking. They currently have off-site storage favi I i t i es and the parts department w i 11 only bring this inventory on-site. This will not generate a need for additional traffic. The parking structure will allow them to house some of the extra display Hondas which will allow more room on-site for customers to park. There are a limited number of models and colors for Hondas which enable them to only display a small array of cars. Commissioner Grothe asked the applicant if the parking structure will not allow for any public parking. The applicant indicated that it will not. Commissioner Lin asked the applicant to restate the location of the freestanding signs. The applicant brought forth a model of the proposed site. Secretary Tarango stated that more than one wall sign would be permitted if the signs are oriented to)two different frontages. DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14, 1990 Mr. Curley stated that in the body of the ordinance there is reference to a proposed future office site. He recommended deletion of the statement. This pad will have to come back before the Commission for review to designate it as future office site will only confuse issues in the future. Motion was made by Commissioner Grothe and seconded by Commissioner Lin to adopt the project as recommended by staff including the deletion of any reference to Parcel No. 4 and the regulation that the monument sign be no higher than 25 feet above the closet adjacent curb on Grand Avenue and that a cover crop be provided and maintained on Parcel No. 4, and the recommendations by the Traffic Engineer. An amendment was made by Vice Chairman Harmony and seconded by Chairman Schey to eliminate the tower structure attached to the proposed McDonalds Restaurant. Commissioner Grothe stated that this will put the top of the McDonalds Restaurant at about 10 feet above street level and thus the sign at street level. He felt that this building gave the project an architectural step down into the buildings as a whole. Chairman Schey stated that his concern was that the tower did not look proportional to the building. The applicant brought forth the model of the project again so that the Commission could look at the tower proposed for the McDonalds restaurant. The applicant stated that they felt the tower was necessary due to the fact that patrons traveling on Grand can not see the pylon signs. The McDonalds pad elevation is below the street level. Chairman Schey stated that the tower visually look fine when looking at the model. Chairman Schey called a question to the amendment. There was one aye and three noes. MOTION FAILED. AYE: Vice Chairman Harmony NAYES: Chairman Schey, Commissioner Grothe, Commissioner Lin Chairman Schey called a question on the primary motion. There was three ayes and one nay. AYES: Chairman Schey, Commissioner Grothe, Commissioner Lin NAY: Vice Chairman Harmony MOTION CARRIED. 13 QL DIAMOND BAR PLANNING COMMISSION MINUTES OF MAY 14, 1990 U,117� �_,' � 10 Commissioner Grothe discussed the issue of prioritizing a list of issues that the Commission needs to review. Staff stated that they were currently working on this. Chairman Schey asked that this list be given to the Commission sometime between this meeting and the next meeting. Secretary Tarango stated that one of the priorities is signs and parking. Staff has contacted Trans America regarding the CC&Rs regarding their requirements and this information will be forwarded to the Commission. Secretary Tarango asked, prior to adjournment of regular meeting, to talk to the Commission about adjournment to a special meeting on Thursday, May 24th. Mr. Curley stated that the City is looking at its upcoming budget for the up -coming 1990-91 year and has a capital improvement program. Government Code requires that the Planning Commission make recommendation or inform the Council whether the Capital Improvement Program is in conformity to the proposed General Plan. It was determined that this meeting will be a special meeting instead of a regular meeting. There being no further business to come before the Commission, Motion was made by Chairman Schey and seconded by Commissioner Grothe and carried unanimously to adjourn the meeting at 9:40 p.m. to the special meeting scheduled on May 24, 1990 to be held at City Hall, 21660 East Copley Drive, Suite 190, Diamond Bar, California at 7:00 p.m. David Schey Chairman ATTEST: Dennis A. Tarango Secretary, Planning Commission 14 `77`71 7177