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HomeMy WebLinkAbout3/11/1991CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION MARCH 11, 1991 CALL TO 01; Chairman Schey called the meeting to order at 7:07 p.m. in the Walnut Valley School District Board Meeting Room, 880 South Lemon Street, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Vice Chairman Harmony. ROLL CALL: Commissioner Grothe, Commissioner MacBride, Vice Chairman Harmony, and Chairman Schey. Commissioner Lin was absent (excused). Also present were City Planner Irwin Kaplan, Associate Planner Robert Searcy, Deputy City Attorney Bill Curley, city Engineer Sid Mousavi, Planning Technician Ann Lungu, Intern Steven Koffroth, and Contract Secretary Liz Myers. Planning Director James DeStefano arrived at 10:30 p.m. CONSENT CALENDAR: VC/Harmony requested the Minutes of February 25, 1991 be pulled from the Consent Calendar. Motion was made by C/MacBride, seconded by C/Grothe r -al i and CARRIED to approve the Minutes of February 25, 1 1 1991. L-i AYES: COMMISSIONERS: Grothe, MacBride, and Chair/Schey. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: VC/Harmony. NEW BUSINESS: Review of Draft Irwin Kaplan, city Planner, reviewed the Development Code Development Code proposal to establish a Design Chapters 1.1 & Review Board, which had been submitted to the 1.11 Commission. Chair/Schey inquired how narrow the scope of review should be in regards to single homes. CP/Kaplan suggested that the scope be limited to height, bulk, basic materials, and landscaping to maintain the established or prevailing community or neighborhood character. Chair/Schey indicated that the level of detail of design review needs to be defined for the overall architectural theme of a master plan development. He questioned how the design review will be dealt March 11® 1991 Page 2 with in regards to custom homes in the Country, or other subdivisions, that have their own design review process.' The - =ncept of maintaining consistency within given neighborhoods is important beyond the scope of size, bulk, etc. C/Grothe stated guidelines should be tough and complete to assure development is of top quality. Dan Dunham, a principal with the Planning Network, stated the policy issues for Design:Review are: 11 The level the design review appropriate for Diamond Bar. 20 The kind of committee that will handle design review. VC/Harmony suggested that the committee be a standing committee that serves at the will of the Commission. instead of delaying every project for architectural review, those cases that need more work can be assigned to the committee and then be referred back to the Commission. Mr. Dunham stated that thedecision of determining which projects will be reviewed is a policy issue that will have to addressed by the Commission. VC/Harmony stipulated that a neighborhood with CC&RIs, that want to regulate their own architectural processes, should be allowed to prevail. The Commission should not get involved with individual house construction, other than to ensure good standards. He suggested, with the consensus of the Commission, that commercial and tract developments should be subjected to architectural review. C/Grothe asserted that he is against another whole body coming up with another whole set of guidelines. There should be a set of strict guidelines regulating standards. Mr. Dunham explained that every attempt has been made to ensure that the code gives some very definite standards to give a clear picture. What is being referred to here is the aesthetics and some of the other issues that relate to commercial buildings, to neighborhood character, and to tract homes. Those are the issues of the development code that, because of the very nature of euclidian zoning, is not covered and cannot be regulated. Chair/Schey is not opposed to putting houses under the design review because the Commission will eventually have to deal with the pit falls. He is concerned with the possibility that a series of tract homes could be bought up and be replaced by larger homes. VC/Harmony inquired if the code addressed the concept of mansionization, not necessarily on the big lots but on some of the tract lots and private smaller lots. He inquired if the issue is an architectural review concept. CP/Kaplan replied that the issue would become an aspect of review if it is a stated objective. Someone would have to say, as a matter of policy, there is a concern with the relationship of the size of the house, to the size of the lot. Chair/Schey inquired if the purpose of design review is for architectural design or to encompass the broader functions of a development review committee. CP/Kaplan stated that design review could encompass all types of residential and commercial uses or could be limited to certain uses. A fundamental policy choice would be a determination of,the types { of uses and kinds of structures and projects to be subject to design review. He asked for discussion of the scope of review appropriate for commercial structures. C/Grothe stated the design review procedure could require the Commission to do a design review on single family residences. There is not a need for another organization, or a level of bureaucracy, to do so. CP/Kaplan inquired if the Commission wants architectural review where there is an architectural review board on the premises, such as a situation like the B1Country". C/Grothe stated that in that situation, it should be determined that it would become an architectural review body that is advisory to the Commission. Regardless of their approval, it is still to be reviewed at the Commission's level. CP/Kaplan inquired if for larger projects the �.9 Commission prefers a freestanding review board or a function of staff level review. VC/Harmony suggested that it should be a standing review, consisting of professionals, meeting occasionally,. at the request of the Planning Commission when additional help is needed. March 11, 1991 Page 3 concerned with the possibility that a series of tract homes could be bought up and be replaced by larger homes. VC/Harmony inquired if the code addressed the concept of mansionization, not necessarily on the big lots but on some of the tract lots and private smaller lots. He inquired if the issue is an architectural review concept. CP/Kaplan replied that the issue would become an aspect of review if it is a stated objective. Someone would have to say, as a matter of policy, there is a concern with the relationship of the size of the house, to the size of the lot. Chair/Schey inquired if the purpose of design review is for architectural design or to encompass the broader functions of a development review committee. CP/Kaplan stated that design review could encompass all types of residential and commercial uses or could be limited to certain uses. A fundamental policy choice would be a determination of,the types { of uses and kinds of structures and projects to be subject to design review. He asked for discussion of the scope of review appropriate for commercial structures. C/Grothe stated the design review procedure could require the Commission to do a design review on single family residences. There is not a need for another organization, or a level of bureaucracy, to do so. CP/Kaplan inquired if the Commission wants architectural review where there is an architectural review board on the premises, such as a situation like the B1Country". C/Grothe stated that in that situation, it should be determined that it would become an architectural review body that is advisory to the Commission. Regardless of their approval, it is still to be reviewed at the Commission's level. CP/Kaplan inquired if for larger projects the �.9 Commission prefers a freestanding review board or a function of staff level review. VC/Harmony suggested that it should be a standing review, consisting of professionals, meeting occasionally,. at the request of the Planning Commission when additional help is needed. March 11® 1991 Page 4 Chair/Schey stated that a particular case will either meet a set of criteria that triggers the use of the board, or the case will go directly to the Commission. His concern was the potential delay of projects while being reviewed by staff. CP/Kaplan, recapping the Commissions statements, stated the desire appears to be that all projects going to the Commission beaccompanied by a staff level -desiqn review. If the Commission requires further design review advice, it can request the assistance of the professional design review board. C/MacBride questioned if there is sufficient budget constraints for staff to perform the design review function without ongoing reliance upon the design review board. CP/Kaplan stated staff will develop a proposal to reflect the Planning Commissions desire for the use of a committee, -Wher, needed, to review projects.. otherwise it will be part of the normal staff review process. C/MacBride added to underscore the Commission's concern that the Commission is not enthusiastic about creating an additional level of bureaucratic supervision. Chair/Schey announced the next discussion of the development code will be at 6:30 p.m., March 25, 1991. A recess was called at 8006 p.m. The meeting was called to order at 8:16 p.m. PUBLIC HEARING: Intern Steven Koffroth presented a report on the request for an extension of five (5) years to CUP 1634-(1) finish the third phase building of the sanctuary Evangelical Free for the Evangelical Free Church. The request will Church require modification of condition 118 of CUP 1634 - (1). Staff recommended that the Commission adopt the attached resolution granting a five year time extension to the original CUP and require that any changes on the project come back before the Commission for a new CUP approval. Chair/Schey inquired if there are plans to change the scope of the original phase three plan. I/Koffroth stated that no plans to change phase III have been submitted as of yet. C/Grothe inquired if upon granting the extension, would there be a design review process to ensure that the project stays in conformity to the code. I I I March 11, 1991 Page 5 I/Koffroth replied that at this time the applicant has not completed the development of the plans. However, the applicant has indicated a desire to change the scope of the third phase, at a later date, by eliminating one of the classrooms, relocating one of the classrooms to the rear, increasing the size of the sanctuary to be moved back towards the center,, increasing the parking area, and gaining an additional access on to Diamond Bar Boulevard. VC/Harmony inquired if there were any objections in the original approval, or currently, to the project. I/Koffroth responded that he did receive telephone calls from surrounding residents who were concerned about the expansion. The Public Hearing was declared open. Bob Huff, representative of the Diamond Bar Evangelical Free Church, requested extra time for the project. He stated that nothing changed in regards to the original purpose. E_ Christine Pry, residing at 3155 Cherrydale, inquired if the present trees will be destroyed because more grading will occur on the hill in order to increase the size of the sanctuary. I/Koffroth, Intern, stated that it is anticipated that the knoll will be graded to provide for additional parking. The trees will be eliminated, but will be replaced on the site. VC/Harmony noted that the trees are not scheduled to be taken out on the current plan. The applicant, therefore, would be required to submit another plan to be returned to the Planning Commission as part of another Public Hearing process. Chair/Schey inquired if there are any requirements under the County approval that would not meet the current codes. I/Koffroth responded that the parking to be provided under the CUP is less than would be required under current codes. C Grothe stated he would / prefer letting the CUP expire with the intent of making any returning project conform to the current codes and regulations of the community. March 11, 1991 Page 6 C/MacBride indicated that he is comfortable with permitting the extension, but acknowledges the importance that the project meet current codes. His concern is with what would be advantageous to the community and the church. VC/Harmony inquired if there are any other significant changes from the original approval, and son -Le of the new ordinances and concepts currently being considered. CP/Kaplan replied that, as previously indicated, parking is more restrictive, and though not a code issue, there is a change in the philosophy of the day care center. hlowevpthe request was evaluated as an axtenslovi of a CUP and was not analyzed in terms of the applicant's verbal request for a new project. Staff cannot give an appropriate recommendation. C/Grothe stated the only reason for needing an extension is to build the existing project to whatever was approved ten years ago. He reiterated his desire to review these projects. Chair/Schey concurred with C/Grothe, and noted that the sanctuary is the single largest facility on the site. He is, concerned with the parking capabilities after the extension. It should be looked at more definitively as a developmental project. Mark Harper, pastor, residing at 1125 Grubstake, asserted that the reason for the extension is to maintain a permit to develop the property. He acknowledged that parking is a valid concern but it can be mitigated. He explained that the landmarked trees will be preserved during grading. He would like the plan to remain until it can be refined to the Commissions satisfaction. The Public Hearing was declared closed. C/Grothe stated regardless if there is a change made on the site or not, the project needs to come back to the Commission for review. C/MacBride inquired when the CUP would lapse. I/Koffroth responded that it would have lapsed in November of 1990, had they not requested an extension'. N I March 11® 1991 Page,_-- Chair/Schey stated that when there is an opportunity to do so, the Commission should have all developments conform to our current codes. VC/Harmony stated his appreciation for what the church is trying to do. He concurred that the standards are going to change, however, looking at the situation and looking at the church as a one day use, he is inclined to approve staff's recommendation. Staff has reviewed the project and there has been sufficient discussion of the tentative changes. Motion was made by C/Grothe, seconded by Chair/Schey to deny the extension. AYES: COMMISSIONERS: Grothe and Chair/Schey. NOES: COMMISSIONERS: MacBride and Harmony. ABSTAIN: COMMISSIONERS: None. The motion fails. Motion was made by VC/Harmony, seconded by C/MacBride to continue the matter until the next -a regular meeting and direct staff to review reports of the existing plans and diagrams. AYES: COMMISSIONERS: Harmony and MacBride.,;:, NOES: COMMISSIONERS: Grothe and Chair/Schey;. ABSTAIN: COMMISSIONERS: None. The motion fails. DA/Curley explained that as a function, the request for extension is denied. CUP 90-0127 Associate Planner Robert Searcy presented the report for a request to complete in two phases the addition of twenty nine pads for the placement of mobile homes. Staff recommended the Commission approve the Resolution of Approval as submitted or amended. VC/Harmony inquired if the hydrology report was received and studied. City Engineer Sid Mousavi replied that the report was just recently received and there has not been adequate opportunity to review it, VC/Harmony requested a characterization of the issues involved in the study. March 11, 1991 Page CE/Mousavi stated that it basically refers to the to The mitigation of the drainage situation. area be subdivided is presently the sump for the balance of the site. The backside is to work as a retention basin, chair/Schey asked if there is any standard for guest parking at the mobile home property. AP/Searcy stated that the standard for a multiple family dwelling type development is used for guest parking, which is currently a 1e4 ratio. Chair/Sohey inquired if, when the original CUP was approved, these areas were contemplated as being part of a future phase. AP/Searcy stated the CUP originally approved 147 units to be completed within three phases over a ten year period. This was not done and the applicant is now applying for a cup to complete phase one and two. The Public Hearing was declared open. Simonian, general partner of the mobile Richard home park, stated that the retention basin will be in a smaller area, to hold the same amount of water, so that the additional spaces could be used to bring in additional revenue. The back of the park is presently a nuisance area. The sound wall will be moved back to incorporate the retention basin to the interior of the park and will be maintained by the park. VC/Harmony questioned if phase three proposes that the water will naturally go elsewhere because cities or counties may have developed some additional storm drains in the future. Mr. Simonian stated that the City of Industry has plans to develop major storm drains. However, the City of industry has not presently granted permission to drain on the property. Tom Pepper, residing at 21217 E. Washington, president of the homeowners association, stated 92 of the 118 residents responded to the site survey. All issues have been resolved. The majority indicated that a designated play area was not imperative. Mr. Simonian stated the existing recreational area is large enough to accommodate the residents. March 11, 1991 Page 9 Chair/Schey inquired if there is an on going flow of water in the area presently acting as a retention basin. Mr. Simonian asserted that there is a very negligible flow of water. The water that does drain in the area is percolated through the ground. Chair/Schey inquired what the approximate size of the proposed revised sump area is. Mr. Simonian stated that it is approximately an acre and a half, and that the depth is geared for a 50 year 'IQ". CH/Mousavi indicated that if the area designated for a sump is reduced and the depth increased, as stated by the applicant, the time for the water to leave would be longer. Mr. Simonian stated that he will comply to whatever the requirements are stated by the engineer. C/Grothe requested evidence be given to staff, at a later date, indicating that the conditions": -of agreement have been addressed and resolved. i_2 Kathleen Rose, 21259 Cottonwood Lane, inquired.,,if there will be provisions to maintain the property on a regular basis. Chair/Schey explained that this issue would need to be part of an abatement procedure to be dealt with through the staff. VC/Harmony stated he visited the site. The sump area needs to be cleaned up and presently the area is not in proper living condition. He requested the project be return to the Commission, to include proof there is adequate abatement of the water going into the City of Industry. C/Grothe indicated his desire for the project to go forward, with the condition that all problems regarding the homeowners association are resolved. The area must also be maintained. Mr. Simonian, to alleviate the concerns of VC/Harmony, explained that the entire retention basin would be on the inside of the park and will be landscaped and maintained. He indicated that the conditions resolved with the homeowners association will be met. —�-7 11 i'.. IImi i i III?_. — -- - I i.. '. i 111 111 P ii ia. 11 , I n March 11, 1991 Page 10 A frequently used as recreational areas. He is Chair/Schey stated that retention basins are satisfied that, if the retention basin is included as part of the park, and the requirement to keep it maintained is followed, the project should go forward. CE/Mousavi stated that the idea of retention basins as recreational areas have been used in numerous projects in the past. However, the type of soil needs to be considered. Some soils do not absorb quickly, creating a pool of water, and a nuisance. C/Grothe emphasized that the approval would be subject to the engineers approval that the area will be safe. He recommended a four or five foot easement between two properties, to include sidewalks, with landscaping, in order to facilitate pedestrian movement, thereby making the recreational facilities more accessible. CP/Kaplan suggested staff prepare a list of proposed conditions for the Commission. Chair/Schey requested staff to check if permits, such as the EPA, DFG, or corps of engineers, are necessary since the existing sump has been receiving water and will no longer be serving in the current capacity. C/MacBride requested that the sound barrier meets with the code requirements of the City, and that there is a reference that it meets the satisfaction requested by the homeowners. Mr. Simonian stated the sound barrier was designed to eliminate the sound by bouncing it back to the other direction. He indicated that he has the acoustical reports. Motion was made by C/Grothe, seconded by C/MacBride and CARRIED UNANIMOUSLY to continue the matter to the meeting of April 8, 1991 to include a staff report on the engineering requirements, an easement walkway, the sound barrier, and the recommendation of the necessity of a recreational area and guest parking. Chair/Schey called a recess at 10:06 p.m. The meeting was called to order at 10:12 p.m. March 11, 1991 Page 11 CUP 90-0130 AP/Searcy presented the request to construct a two story structure totaling 8,352 square feet to Mt. Calvary provide additional classrooms for a parochial Lutheran Church school (grades K-8). Staff recommended approval of the project. The Public Hearing was declared open. Dennis Stueve, pastor at Mt. Calvary, reiterated the need for the expansion of the building. William McNeal, residing at 23315 E. Gold Rush, objected to the project because the neighbors below him will be looking into the project. He suggested that the parking plans be reversed. AP/Searcy read a letter, submitted by C. Baldwin Lowe of 23305 Gold Rush, objecting to the project if it does not comply to the County code. AP/Searcy noted that the ridgeline would not exceed the existing grade of most of the residential surrounding properties. It meets the standards of the Conditional Use Permit conditions. C/Grothe inquired if there is a way to eliminate a couple of feet off the top of the structure. Jerry Busse, architect, residing at •704 S. Primrose, indicated that it would not be feasible. Chair/Schey stated that he does not believe that the building will have undue impact on the neighbors. He suggested a condition that would mandate a submittal of a landscape plan for the street frontages of the property, that would be approved by the City, to be included in the overall development plan, and maintained as such. The drainage area should be maintained as well. The Public Hearing was declared closed. Motion was made by Chair/Schey, seconded by C/Grothe and CARRIED to approve the Resolution of Approval as submitted with the inclusion of an additional condition mandating submittal of landscape plan on the frontage and it's maintenance, modification of item #9 whereas the shrub does not exceed 20 feet, and amendment of item #12 to include the categorical exemption number 15314. AYES: COMMISSIONERS: Grothe, MacBride, and Chair/Schey. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: VC/Harmony. March 11® 1991 Page 12 CUP 90-0125 C/MacBride requested to be removed from the proceeding because of his proximity to the project. Upon the advice by the City attorney, he disqualified himself from the hearing. AP/Searcy stated that the public notice was mailed February 13, 1991. He presented the request for a CUP to construct a two floor office building located east of Diamond Bar Boulevard and westerly of Sunset Crossing Road at Navajo Spring Road. Staff recommended the adoption of the Resolution of approval and the attached conditions. The Public Hearing was declared open. Fred Janz, applicant, residing at 2683 Shady Ridge, requested the CUP to build the other building, and specified that 'it would 'not affect the existing building. VC/Harmony noted that the area is very congested. Mr. Janz explained that the County mandated the two parcels be used as one to provide and ensure maintair-ing adequate parking. He would like a CUP t.c builld an office building on the remaining portion site, C/Grothe requested drawings of the building to be set into photographs to get a better idea of the proposed project. He stated he is concerned witb the increase of traffic and the availability of parking. He would=like the traffic issue addressed by the Traffic 'Commission, a traffic study, if necessary, and assurance that there is adequate parking® VC/Harmony stated his concerns that parking and traffic are a problem, and sees no reason to approve further construction. He asserted that the building itself is in violation of the goals and intent of the Hillside Ordinance. David Ayala, designer, stated that the reason for the siting was to preserve the forest like setting. He stated upgrading parking would widen the building, more trees will be planted in the rear, it does not block the view of existing homes, and there are plans for further landscaping. The Public Hearing was declared closed. A.. - � - - , - I A --- . . 11- , - . I . *I . " , ,, 11 �_-, A ,M,"I L- A , '41 1 If, , I � I XI 11.1 . , ... ...... . ..... -11,114-11-- A.M. March 11, 1991 Page 13 --- — Chair/Schey requested further review by staff in regards to the traffic increase. He inquired if the applicant would concur if the Commission is inclined to continue the project. Mr. Janz gave his concurrence. VC/Harmony asked the City Attorney to advise the Commission, when the project is returned, as to whether there is a mandate to allow further development of the property, or if the denial of development constitutes some sort of a taking. Motion was made by C/Grothe, seconded by Chair/Schey and CARRIED UNANIMOUSLY to continue the matter to the second meeting in April pending submittal by the applicant of a traffic analysis specifically oriented towards the traffic safety issues relating to the project as prepared under the scope of the direction of the Traffic Commission. zCA 91-1 CP/Kaplan reported that all amendments were _ included in the sign code ordinance. He brought to a Sign Code the attention of the Commission that the require - ordinance menta for menu boards and at�tracriox. boards seems excessive. The Commission decided to limit attraction board to theaters only. The Public Hearing was declared open. Jake Williamson, residing at 259 Gentle Springs Lane, offered his approval of the draft sign ordinance. VC/Harmony inquired why the abatement of signs is after 15 years. Ball Curley, City Attorney, explained that it is better to implement discretionary actions as opposed to mandatory action, from an ordinance structure standpoint. The abatement can therefore be structured in whatever manner is suitable to the City in the future. Motion was made by VC/Harmony, seconded by C/MacBride and CARRIED UNANIMOUSLY to recommend to the Council to approve the ordinance with the ( revision restricting menu boards to theaters only. �_ -- - _�<_._,..�...»..._....� I 1 11 1111111[ o 11 Iff -- — — I III II IP I!i ul [,I — —'—`_. March 119 1991 Page 14 ANNOUNCEMENTS: C/NacBride shared a story found in the Harmony Report of a store owner who, upon. feeling badly Commissioners because of a sign ordinance, paint -'ed- a mural in the cafe. VC /Harmony /Harmonv discussed, the issue of parking standards. He would like to eventually vote on the issue to create a policy confirming the Commissions request. James DeStefano, Planning Director, stated staff utilizes a running list of Commission policies. The list would be brought back to the Planning Commission for the purpose of adopting a code amendment. This is also done for policy pertaining to the development code. VC/Harmony requested that standardized parking be brought to the Commission for discussion and consideration of a vote at the next regular meeting. Chair/Schey directed staff to come up with a recommendation on how best to deal with the issue, with the°intent to eliminate compact spaces, to -'be brought back at the next regular meeting. IF C/MacBride requested staff to pursue data regarding oak tree preservation and replacement, with the purpose of looking at and embracing a generic tree ordinance. Chair/Schey noted the follow up letter from FlIllumination"I wanting to be rescheduled for presentation before the Commission. He directed staff to indicate the commission is not interested in rescheduling. Staff PD/DeStefano stated staff has not received the traffic report requested by the Commission in regards to the car wash issue. Chair/Schey directed staff to put in a recommendation for continuance if data is not received within the appropriate timeline. PD/DeStefano stated that earlier this evening he spoke before a subcommittee of the board of trustees to determine the use of surplus school property known as site 91DIIa Staff presented a recommendation for a community park. The Walnut School District proposed a housing development. There was substantial support for the community park. PD/DeStefano presented the Commission with a copy of the park schematic plan. 'IR Ik A" I A114"-, "'W",Ml "! , � ; -, 11� I'll 11, '­, I IT 111­1_.._­� March 11, 1991 -Page-15 ADJOURNMENT: motion was made by C/Grothe, seconded by C/MacBride and CARRIED UNANIMOUSLY to adjourn the meeting at 12:18 a.m. Attest-. James Secretary/Planning Commission Ir I -! I III , 1 7-1 - f-- l% - (;(� David Schey Chairman n