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HomeMy WebLinkAbout6/10/1991CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION JUNE 10, 1991 CALL TO ORDER: Chairman Schey called the meeting to order at 7:06 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 ALLEGIANCE: by Vice Chairman Harmony. ROLL CALL: Commissioner MacBride, Vice Chairman Harmony, and Chairman Schey. Commissioner Grothe arrived at 7:31 p.m. Commissioner Lin was absent. Also present were Planning Director James DeStefano, Associate . Planner Robert Searcy, Planning Technician Ann Lungu, City Engineer Sid [,= Mousavi, Deputy Attorney Bill Curley, and Contract K` Secretary Liz Myers. 4 MINUTES: VC/Harmony requested that the Minutes of May 13, 1991 be amended on page 8, Item #36, to read "A May 13, 1991 $13 million Water Reclamation Project is not a City project, but a Water Company project, and _ should be taken out of the CIP.". C/MacBride requested that the minutes be amended .. on page 8, second paragraph, to read "...remains undetermined."; and page 9, seventh paragraph, to read "...including the names of those volunteers who attended and contributed to the GPAC meeting,...". Motion was made by VC/Harmony, seconded by Chair/Schey to approve the Minutes of May 13, 1991, as amended. The MOTION CARRIED. PUBLIC HEARING AP/Searcy addressed the Commission regarding the ITEMS: request to develop, in two phases, the build -out of an existing mobile home park. The Public CUP 90-0127 Hearing was continued from April 22, 1991 to allow the applicant time to respond to the Commission's request for additional information and further analysis. The areas of concern included open space/recreation areas, sound impacts, and drainage/hydrology impacts and mitigation measures. AP/Searcy corrected that the current recreation area provided by the development is 28,500 square feet, not the 5,000 square feet indicated by the staff report, and is approximately 4% of the total gross acreage. As =a proposed, the project will add no permanent new open space or recreation area. However, it is June 10, 1991 Page 2 staff's recommendation that 3 lots be developed as additional active open space/ recreation area, or an in lieu fee of $42,920 be submitted to the City, by the developer, as an alternative to providing the actual open space. PD/DeStefano, in response to Chair/Schey's inquiry of how the in lieu fees were determined, explained that the number comes from the adopted Los Angeles County code for land value within Diamond Bar. The number was last updated prior to incorporation and may not reflect the present value of an acre of ground. However, the number is being utilized because it is the adopted ordinance number. C/MacBride inquired if it is within the province - of the City to require one or the other alternative. PD/DeStefano stated that, by his interpretation of the code, it is the City's option to elect. f CE/Mousavi, continuing with the staff report, reported that the review of the hydrology study confirms that the projected drainage retention calculations are in order. It is recommended that ° the hydrology report be accepted as submitted. Staff is also satisfied that the projected sound wall will maintain the requested 45 decimal noise level within the interior of the units. AP/Searcy stated that Item #18, of the Conditions of Approval, should be amended to indicate that the approximate total square feet of open space/recreation area is 39,000, instead of 15,500 sq. ft. It is staff's recommendation that the Commission adopt the Mitigated Negative Declaration; the CUP 90-127 for 29 lots, 26 of which is to be developed for mobile homes; and the Resolution of Approval as amended. The Public Hearing was declared open. Richard Simonian, applicant, in disagreement with staff's report, stated that the current open area of 28,500 square feet suffices as recreation area. They would prefer to pay the in lieu fees. He requested that item #15 of the Conditions of ._.° Approval be further clarified. He requested that condition 122 be modified because, due to circumstances regarding the storm drain, they have no control over the time period the next phase will be built. He also requested that an indefinite period of time be granted for the CUP, as long as the project is in compliance. June 10, 1991 Page 3 VC/Harmony asked how the applicant intends to accommodate the existing recreation area. Richard Simonian responded that they, and the homeowners association, have come up with various options: picnic tables and barbecues can be added to the approximate 3,500 sq. ft. of open area adjacent to lot 140 & 139; the parcel across the street could be used as recreational area; and the sump area could also be used until it is developed. However, from his experience the available 28,500 sq. ft. adequately serves the needs of this particular mobile home park. Should the Commission determine that additional recreation space is required, he requested that the parcel across the street be utilized, and that it comes before the Commission as a separate agenda item. C/MacBride inquired why staff had indicated that the parcel across the street would not be suitable for recreation space. PD/DeStefano explained that, since it is not part of this application, it would be premature to base a decision tonight on the potential for open -�' space, off-site. The potential future effects of it's use have not been fully analyzed. He stated that, in order of priority, staff would recommend land over money over off-site contribution. VC/Harmony inquired if condition #15 necessitates the applicant to provide an inventory for all private landscaping. PD/DeStefano specified that the intent of condition #15 was to receive a landscape and irrigation plan for the proposed development and the common recreational areas. The condition may need refinement, by the Commission, if the recreation area is to be expanded. Richard Simonian suggested that the Commission may wish to choose 3 lots from the second phase to remain as open area. Because of the uncertainty of it's development, it could possibly remain as recreation area forever. r— AP/Searcy confirmed that if the sump area is never j developed, there would be an excess to the open space requirement. Chair/Schey requested the following requirements: the retention basin is to be 'Landscaped and maintained by the applicant; the sound wall should i I June io, 1991 Page 4 be placed on the northern property line; and the additional 9292 sq. ft. for open space can be reserved as a requirement for permanent open space in the second phase of the development. VC/Harmony stated that on-site open space is important and he would rather not accept the in lieu fees. He concurred with Chair/Schey on the location of the sound wall. He indicated, however, that the open space should not be separated. The Public Hearing was declared closed. CE/Mousavi suggested that if the retention basin is to be incorporated within the project area, there should be fencing placed around the area for safety reasons. C/Grothe stated that he does not object to accepting the in lieu fees as an alternative. The revenue could be used to provide additional services for the Parks and Recreation, the City, and the community. He also suggested that the time frame for the second phase, as stated in condition #22, be modified to accommodate the uncontrollable circumstances faced by the applicant. Chair/Schey concurred requirement, to begin phase, beginning with drain. and suggested a one year development of the second the completion of the storm C/Grothe calculated that the required recreation space, based upon the 29 new units, as opposed to the entire 147 units, should be 7456 sq. ft. C/MacBride indicated that he prefers to maintain the open space requirement. Motion was made by VC/Harmony, seconded by C/MacBride to approve the staff's recommendation with modification of condition #15 that would indicate that the landscape plan was contemplated only for the new development, and that it would be maintained on an on going bases; the availability of an in lieu fee under condition #18 be removed; the sump be located within the park's sound wall; the sump area be fenced according to code; condition #22 be modified to provide for a one year period within which the first phase must be initiated and phase two to be initiated within one year after the availability of the storm drain; and that the required recreation set aside of land June lo, 1991 Page 5 be reduced from 10,500 to 7456 sq. ft., and that it be adjacent to the existing recreation facility. The MOTION CARRIED. AYES: COMMISSIONERS: MacBride, Harmony, and Chair/Schey. NOES: COMMISSIONERS: Grothe. ABSTAIN: COMMISSIONERS: None. CUP 91-4 PT/Lungu addressed the Commission regarding the request by Jones Intercable, Inc. for the placement, maintenance, and operation of two additional earth stations. Staff recommended that the Planning Commission approve CUP 91-4, and the Categorical Exemption with the Findings of Fact and conditions listed. The Public Hearing was declared open. Janet Spatz, General Manager of Jones Intercable, explained that the additional earth stations are needed to accommodate the growing Asian demographics in Diamond Bar. There is a need for programming that cannot be currently received with the 4 dishes available. The dishes will be smaller than originally indicated. She explained that previous means used to receive channels are ineffective because of the 2 degree spacing now being used. VC/Harmony requested a portion of the back lot, of the current station, across from the flood channel, be screened. Janet Spatz suggested screening the, area with foliage. She then inquired what was meant by "resurfacing" the parking lot areas. PT/Lungu explained that the parking lot area needs patching, slurry ceiling, and restriping. The Public Hearing was declared closed. C/Grothe suggested trees to screen the station. Janet Spatz cautioned that the height of the trees a -m may not go up to the top of the dishes because it will interfere with the vision to the satellite. i Motion was made by Chair/Schey, seconded by C/MacBride and CARRIED UNANIMOUSLY to approve staff Is recommendation with the requirement that additional landscape treatment be planned and June 10, 1991 Page 6 submitted to staff for approval, adequate to screen the existing and future dishes from view from Brea Canyon road, with the understanding that they may be maintained at a height as necessary to maintain the vision of the dishes to the satellite. ANNOUNCEMENTS: PD/DeStefano informed the Commission that the Planning Department Secretary, Peggy Sartin, Staff secretary, has been ill. Temporary help is being utilized. Also, CPE/Irwin Kaplan, while he continues to serve Diamond Bar, will be serving in the capacity of Interim Planning Director for a period of about 4 months with the City of orinda. PD/DeStefano stated that the General Plan project will be brought to the Commission for review at the first meeting in July. The environmental review of the JCC project will begin at the next Commission meeting of June 24, 1991. Chair/Schey requested an update on the intended overall assessment of Tonner Canyon. PD/DeStefano explained that the environmental team, put together to review the Tonner Canyon, area, fell apart. The project is presently being reassessed and requests for proposals will be sent out. C/MacBride, noting that the concern may be exhibited in connection with the sign ordinance, inquired if something can be done to get rid of the "gorilla" on the Honda Dealership. PD/DeStefano stated that notices have been sent out, and ignored. A complaint could be registered to the Deputy District Attorney in LA County to enforce the issue. VC/Harmony requested staff to look into citation authority. Chair/Schey directed staff to place the item on the next agenda in such a way, that if it is �- necessary, the Commission can adopt a minute order requesting that the Council direct the Deputy District Attorney to initiate proceedings against the ongoing violator. June 10, 1991 Commission ADJOURNMENT: Attest: David Schey Chairman LI Page 7 PD/DeStefano recommended, in response to the directive made by the Planning Commission, to allow staff to place on the agenda a report on citation authority„ and a report on the status of the City's activities to eliminate the "gorilla", with an indication that the Commission will direct staff accordingly. The Commission concurred. Chair/Schey requested that the reorganization of the Commission be placed in the beginning of the next agenda. Motion was made by VC/Harmony, seconded by C/MacBride and CARRIED UNANIMOUSLY to adjourn the meeting at 9:24 p.m. Respectively, W --C James DeStefano Secretary/Planning Commission