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HomeMy WebLinkAbout3/23/1992CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION MARCH 23, 1992 CALL TO ORDER: Chairman Grothe called the meeting to order at 7:14 j p.m. in the South Coast Air Quality Management I District Board Meeting Room, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Commissioner Flamenbaum. ROLL CALL: Commissioner Li, Commissioner Flamenbaum, 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, 1992 1992. C/Meyer abstained. NEW BUSINESS: C/Flamenbaum suggested that discussion regarding Planning Commission Standards of Operation should PC Standards be held at the end of the meeting. The Commission w of Operations concurred. 6.TT Map 51079/ AP/Searcy reported that the application, to convert Amendment to a 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. .,7 l n _____._w:v-,�1^.., ..-,.,-,.-. . ------- hill �, Ilii I �.I � March 23, 1992 Page 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. redesigning the project. They are incorporating the following changes: reduce the massiveness in ,,._.... .�. .. � ,I �! �- h`�'i � �� J'" ..� i.. ��� i �.��. � ��, a�+i � i' �,R .i�:-�.�• j � i w i ii � �t u;,�nrl b'd� ��.�-.� 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. CONTINUED AP/Searcy reported that at the conclusion of the PUBLIC HEARING: March 9, 1992 meeting, the Commission requested the applicant to provide staff with additional Tentative Parcel information for review and evaluation related to Map 22986/ the visual impacts and the compatibility of the DR 92-1 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 ,,._.... .�. .. � ,I �! �- h`�'i � �� J'" ..� i.. ��� i �.��. � ��, a�+i � i' �,R .i�:-�.�• j � i w i ii � �t u;,�nrl b'd� ��.�-.� . d6.b ♦N,�,x16114Jalfl«WkI.�Ix�mn4lxWdrr=- a_. L. .. -... .- .^.r.u, .,._,., ..... ._._�.___.__-`-- _..-,�................r•..�,.r^a+..^_..�.,......F^_.::_� ---_—_ March 23, 19-92 Page 3 II 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 mai 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. �l,HIIIuli�_oull I ill �,,'L1'I II,P,Lill 'I March 23, 1992 page 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 F ,. . r. ,:_ 7...�_. f , 74'.�.k. L..:. ��.� I � ,c71Yu � _7..I 7 . ,. II ` .� � i �.... .. ,"'.. «., i `l a;.I .'."d7" `� C e _._' i4ARDFid'! .jek.. March 23, 1992 Page 5 4 r opposed to walking through the health club, which would directly impact the neighborhood. Nancy Villalobos stated that the Racquetball/ Swim Club is open 5 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, 1992 Page 5 ��.a. 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. PUBLIC HEARING: CD/DeStefano reported that the City Council approved Tract Map 31977, proposing 22 lots on 16 Tentative Tract acres, in February of 1990. The project is located Map 31977 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. Andrew King, the applicant, residing at 1595 South^ MacVerne Ave., Monterey Park, explained that when I �i March 23, 1992 Page 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 ,dune 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. DCA/Curley indicated that, notwithstanding the vesting map, the Map Act provides that we can - ------ --- 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, 1992 Page 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 CommissionCD/DeStefano presented the Draft Planning Standards of Commission 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. i March 23, 1992 Page 9 I • 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. ANNOUNCEMENTS: 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. ADJOURNMENT: 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. Rens ctiveI l �nn� 7' i ,) James DeStefanof Secretary/Plann�ng Commission ttes '4`-� __--- ack Grothe Chairman