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HomeMy WebLinkAbout1/11/1993CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION JANUARY 11, 1993 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at I4 7:08 p.m. at the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Chairman Flamenbaum. ROLL CALL: Commissioners: Meyer, Grothe, Li, and Chairman Flamenbaum. Also present were Community Development Director James DeStefano, Associate Planner Robert Searcy, Planning Technician Ann Lungu, Deputy City Attorney Craig Fox, and Contract Secretary Liz Myers. SWEARING IN: Newly appointed Commissioner, Lydia Plunk, was sworn in, by City Clerk Lynda Burgess, to fill seat vacated by Dexter MacBride. PRESENTATION: Chairman Flamenbaum presented Dexter MacBride with a plaque commending his services as Planning Commissioner. MATTERS FROM THE Chair/ Flamenbaum "informed the audience that the AUDIENCE/PUBLIC scheduled South Pointe Master Plan review has been COMMENTS continued to a date unknown, but no sooner than � January 25, 1993, due to the pending litigation involving the General Plan. CDD/DeStefano stated that a member of the audience expressed his concern regarding traffic in Diamond Bar, and the need to look at how the South Pointe Master Plan project might impact the Pathfinder Bridge. The suggestion was made to look at the future .bridge construction planned, and consider developing it into possibly 6 lanes, or at least developing the bridge with a secured emergency access lane. CDD/DeStefano informed the audience member that the Pathfinder Bridge plans are available at City Hall, for his review, and that the South Pointe Master Plan would not come before the Commission any sooner than January 25, 1993. CDD/DeStefano stated that he will forward the comments made, regarding the bridge, to the City Engineer, as well as the City's Environmental consultant on the South Pointe Master Plan project. CONSENT CALENDAR: C/Plunk stated that she will be abstaining from voting on the Minutes of December 14, 1992 because Minutes of she was not present during that meeting. Dec. 14, 92 Motion was made by C/Meyer, seconded by C/Grothe and CARRIED to approve the Minutes of December 14, 1992, as presented. C/Plunk abstained. January 11, 1993 Page 2 PUBLIC HiMRING: PT/Lungu'showed a silent video of the site while presenting the staff report. The applicant, Corner Tentative Parcel Stone Partners Walnut, LTD., is requesting to Map No. 23629 subdivide one parcel into ten parcels, with -four of the ten parcels divided into units A and B, Lot A for the private street, and a common, area consisting of parking and landscape space for the purpose of commercial condominiums, to be located at the Walnut Business Center, 20418 Walnut Drive. The applicant has indicated that trash enclosures, for parcels 3 and 7A, are provided, but was just not clearly delineated on the site plan. The Planned Sign Program was approved by the Planning Commission on November of 1992. The applicant is planning on selling all parcels, except 1, 2, and 3 in which the applicant will retain ownership of these parcels. PT/Lungu, correcting the staff report, stated that there are 258 parking spaces provided, with 56 spaces provided on Yellowbrick Road, totaling 314 parking spaces. With the proposed subdivision and the existing uses within the business center, 292 parking spaces are needed. The Fire Department will agree to parking on both sides of Yellowbrick Road. Staff feels that the street parking should be counted toward the number of parking spaces required for the business center. For the purpose of the proposed parcel map, a reciprocal parking agreement by and for all lots will be necessary to meet the parking requirement. Staff recommended that the Commission approve the Mitigated negative Declaration and Tentative parcel Map No. 23629 with the Findings of Fact and conditions listed. It is staff's recommendation to amend the conditions in the Resolution that the fire lanes not only be delineated on the map, but also be delineated on the site, and that the reciprocal parking agreement be recorded. Chair/Flamenbaum declared the Public Hearing opened. f] James Camp, an employee of Corner Stone Partners, Inc., stated that the intent of the subdivision is to sell the individual buildings to small business owners in the Diamond Bar area. In response to a series of inquiries made by C/Meyer, James Camp made the following comments: all the buildings are individually metered for all utilities; there is one master meter for all the landscaping, to be ¢' maintained by the Maintenance District created in the CC&R's; because the building code requirement, requiring a one hour fire wall on each side of a property line, was unachievable, Lot A, building 4, 5 and 7, cannot be divide into separate legal a�W�7llux,4;v"i4krWJ��d,E�9r��i January 11, 1993 Page 3 parcels, therefore, those buildings will be sold as condominiums; there are two billboards located in the common area space of the site; two individuals have the rights and the easement for those billboards, and at the termination of their agreement, they are obligated to remove them, or continue to operate them; the applicant would not be amenable to a condition requesting the removal of the billboards at the termination of those agreements because of the costs involved, and because the applicant does not have legal rights to the billboards; though the billboards are on our property, we have no control over them, and we do not participate in the revenue; there is presently on site lighting for the buildings, and light fixtures on Yellowbrick Road; and there are public utilities on site, and easements recorded for all the utilities. C/Li inquired about the present vacancy rate for the Center, and if the applicant is subdividing because of economic factors. James Camp stated that the park is presently 100% occupied. The property was purchased with the intent of dividing it, and eventually selling the building. There are many tenants in the project now that are interested in buying their buildings. James Camp, in response to C/Plunk, stated that they are aware that there is a graffiti problem. To combat the problem, we have planted vines along the Pomona freeway. We are amenable, as a condition, to participate with the City to combat graffiti at that location. C/Plunk inquired if the applicant would be willing to have graffiti resistant paint applied to the project as a condition to the project. She suggested that casings be placed on the roof ladders as another possible deterrent-. James Camp indicated that they would first'want to investigate the costs and benefit of the graffiti resistant paint, versus simply repainting on a continuous basis, before agreeing to such a condition. ,_j j,�Chair/Flamenbaum suggested that the condition, in ( the CC&R's, indicating the need to go to court for enforcement of the CC&R's, be deleted and replaced with the condition indicating arbitration pursuant to the rules of the American Arbitration Association (AAA), or some other neutral body. He I IIVIIII'II I I T i I III illibllb IIIII�II d January 11, 1993 Page 4 also suggested that the CC&R's include a condition that, in case of new ownership, present owners can remain for a yet to be determined number of years before they are evicted. Martha Brusque, residing at 600 South Great Bend Drive, expressed her concern that allowing street parking, to be used to help meet the parking requirements, may cause crime and other such problems. Chair/Flamenbaum pointed out that Yellowbrick Road is a private road, in which street parking is presently permitted. Hearing no further testimony, Chair/Flamenbaum declared the Public Hearing closed. PT/Lungu, in response to C/Meyer, stated the following: the Fire Department has indicated that the 4 existing hydrants meet their requirements; and the AQMD Rule 15 requirement, regarding a Parking Management Plan for areas with over 100 employees, does not apply to this project because the use has not changed. C/Meyer suggested that the City explore the potential of having the Property owners Association maintain some sort of incentiveprogram for a Parking Management Program. PT/Lungu, in response to C/Plunk, stated that the billboards are owned by Mr. and Mrs. John and Judy Boller. A legal non conforming sign, such as the billboards on this project site, can be removed when the City's Sign Code is 15 years old, per the amortization clause. DCA/Fox explained that the Outdoor Advertising Act allows billboard owners vested rights to maintain a billboard for up to 15 years without being compensated by a public entity that wishes to have them removed. In response to C/Meyer, DCA/Fox pointed out that since the owners of the billboards are not present to address their rights, it would not be appropriate to work out an arrangement to address the existing nonconforming condition. In regards to the CC&R's, DCA/Fox suggested that, though there is a condition requiring that the CC&R's be maintained as approved by the City, there should be an additional condition, to condition 5C, that any modifications to the CC&R's be approved by the Commission or the City Council. He also suggested that a condition regarding graffiti a.7� . R, ,._.,, ... .>.. 1 . lk. p.,._7 '7,. ''I' ".L?ni➢xli'1i,:4'b r,4 n: �i;�.' w'a 17 January 11, 1993 Page 5 abatement may be, more, properly ,placed in the CC&R's. C/Grothe expressed his concern that the multi tenant buildings 1, 2, & 3, should remain as one parcel because there is a potential for disagreement between possible multiple land owners, multiple policies and procedures with tenants, and the Association, in regards to parking, and maintenance of the common area. C/Meyer suggested that a transportation demand management program, under the responsibility of the Property Owners Association, could help mitigate potential parking problems. C/Grothe stated that the configuration of these buildings do not lend themselves well to be subdivided. The property lines jog in front of the next building, the differences in the buildings are not identifiable, and changes in ownerships could mean a change in standards in maintaining the common area, as well as parking. James Camp, in response to C/Plunk, explained that their intent is to keep parcels 1, 2, & 3 as a leased investment. However, we desire the flexibility to sell it to smaller investors because there are very few multi tenant buildings the size of parcels 1, 2, & 3 available in the market place. In response to Chair/Flamenbaum, James Camp stated that there are many light fixtures, approximately one near each building, similar to parking lot light fixtures, illuminating Yellowbrick Road. Motion was made by C/Meyer and seconded by C/Li to approve the project subject to the conditions as recommended by staff in the staff report. C/Meyer requested that a condition regarding a Transportation Demand Management program be added to the CC&R's. In regards to the graffiti program, he stated that he does not feel it is appropriate to require the property owners, in a request for a subdivision, to pay additional revenue to combat graffiti, penalizing them because someone, without invitation, is putting graffiti on their building. The citizens have, through taxing methods, hired police to apprehend and prosecute people violating laws. The property owner is being asked to pay more for protection he should already have, which does not seem appropriate as a subdivision requirement. January 11, 1993 Page 6 DCA/Fox indicated that the CC&R's could include a condition that the property owner, or the Association, shall maintain all of the property in a graffiti free condition. In this way, they have the option of eliminating the graffiti themselves, and are not being required to participate in the City's graffiti removal program. C/Grothe, concurring with C/Meyer that a graffiti program is not appropriate, suggested that the Commission recommend that the owners fix a few of the deficiencies so that the property is more graffiti preventive. C/Plunk pointed out that it may not be appropriate to ask the general tax payer to pay extra for someone not maintaining their property, and keeping it graffiti free. C/Meyer pointed out that it is in the City's judgement that, it is in the public interest, to have the City graffiti free. If a graffiti program is required for this project, then perhaps it should also be required as a provision for room additions on single family homes as well. It does not seem appropriate to demand participation of a graffiti program on a request for a subdivision. Since combating the graffiti problem is a cooperative venture, he stated that he concurs with requiring such items as additional lighting and security as a means for graffiti prevention. C/Meyer then suggested that item 2, requiring participation in the City's graffiti removal program, and item 3, requiring the use of anti - graffiti paint, in the supplemental staff report, be deleted. In regards to the anti -graffiti paint, C/Meyer explained that using the paint is extremely expensive and labor intensive. C/Meyer recommended that the applicant be encouraged to explore the possibility of having an arbitration clause included in the CC&R's. He also suggested that a time notice be given regarding the billboard issue. Chair/Flamenbaum recommended that there also be a condition protecting the lessee against eviction, if there is a change of ownership, preserving the tenants rights in the property. DCA/Fox pointed out that a prudent lessee would have in the lease a provision contemplating a change of ownership. Staff will investigate if there are appropriate safeguard options available, a , January 11, 1993 Page 7 if the Commission so desires, and include them in the Resolution if. feasible. The Commission concurred. C/Grothe recommended that, as a graffiti preventive measure, there should be a condition indicating that the applicant shall add additional lighting and landscaping along the property adjacent to the freeway, and encourage the applicant to secure the exterior ladders to the roof. PT/Lungu stated that condition 5.V of the Resolution, should be deleted. Chair/Flamenbaum directed staff to draft the Resolution of Approval, determining if the recommendations made should go into the CC&R's or into the Resolution of Approval, to be brought back to the Commission for approval at the next meeting. The Commission then voted upon the Motion made by C/Meyer, seconded by C/Li, and amended as follows: to approve staff's recommendation subject to the �! conditions as recommended by staff in the staff report, deleting condition 5.V of the Resolution, and deleting items 2 & 3 of the supplemental staff report, and adding items 1, 4, 5, 6, 7, & 8, of the supplemental staff report, in which item 6 is the Transportation Demand Management, item 7 is the Arbitration Clause, item 8 is a relocation plan protecting the rights of the tenant, and to also include the recommendation for additional lighting and landscaping, as well as modifying item 4 to secure the exterior ladders to the roof. AYES: COMMISSIONERS: Meyer, Li, Grothe, and Chair/Flamenbaum. NOES: COMMISSIONERS: Plunk. ABSTAIN: COMMISSIONERS: -None. Chair/Flamenbaum recessed the meeting at 8:40 p.m. The meeting was reconvened the meeting at 8:47 p.m. NEW BUSINESS: C/Grothe nominated C/Meyer as Vice Chairman. C/Li seconded the nomination. Selection of Vice Chairman AYES: COMMISSIONERS: Meyer, Li, Grothe, Plunk, �—i and Chair/Flamenbaum. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. The nomination of C/Meyer as Vice Chairman was approved unanimously. January 11, 1993 Page 8 COMMISSION C/Grothe indicated that it would be appropriate to COMMENTS: have a policy of informing Commissioners of personnel changes on the Commission or staff prior to reading about it in the newspapers. C/Li requested information regarding the formation of the Sewer District formed within "The Country". ADJOURNMENT: Motion was made by C/Meyer, seconded by C/Grothe and CARRIED UNANIMOUSLY to adjourn the meeting at 8:50 p.m. to January 18, 1993. I Respectively, JamTDD�eStefano Secretary Attest: Bruce Flamenbaum Chairman k, '717,. .. _�_�... "01,1, 11 ZIWQ,.Pe Vi'19�5!. dT. N r ki. .vG1 ��,, -.� a..,r a. _r�.ut.I +.w, 'OS'71 _'' DGE OF CITY OF DIAMOND BAR MINUTES OF THE PLANN114G COMMISSION JANUARY 11, 1993 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at 7:08 p.m. at the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: commissioners: Meyer, Grothe, Li, and Chairman Flamenbaum. Also present were Community Development Director James DeStef ano, Associate Planner Robert Searcy, Planning Technician Ann Lungu, Deputy City Attorney Craig Fox, and Contract Secretary Liz Myers. SWEARING IN: Newly appointed Commissioner, Lydia Plunk, was sworn in, by City Clerk Lynda Burgess, to fill seat vacated by Dexter MacBride. PRESENTATION: Chairman Flamenbaum presented Dexter MacBride with a plaque commending his services as Planning commissioner. MATTERS FROM THE Chair/Flamenbaum informed the audience that the AUDIENCE/PUBLIC scheduled South Pointe Master Plan review has been COMMENTS continued to a date unknown, but no sooner than January 25, 1993, due to the pending litigation involving the General Plan. CDD/DeStefano stated that a member of the audience expressed his concern regarding traffic in Diamond Bar, and the need to look at how the South Pointe Master Plan project might impact the Pathfinder Bridge. The suggestion was made to look at the future bridge construction planned, and consider developing it into possibly 6 lanes, or at least developing the bridge with a secured emergency access lane. CDD/DeStefano informed the audience member that the Pathfinder Bridge plans are available at City Hall, for his review, and that the South Pointe Master Plan would not come before the Commission any sooner than January 25, 1993. CDD/DeStefano stated that he will forward the comments made, regarding the bridge, to the City Engineer, as well as the City's Environmental consultant on the South Pointe Master Plan project. CONSENT CALENDAR: C/Plunk stated that she will be abstaining from voting on the Minutes of December 14, 1992 because she was not present during that meeting. Minutes of Dec. 14, 92 Motion was made by C/Meyer, seconded by C/Grothe and CARRIED to approve the Minutes of December 14, 1992, as presented. C/Plunk abstained. January 11, 1993 Page 2 PUBLIC HEARING: PT/Lungu showed a silent video of the site while presenting the staff report. The applicant,' Corner Tentative Parcel Stone Partners Walnut, LTD., is requesting to Map No. 23629 subdivide one parcel into ten parcels, with -four of the ten parcels divided into units A and B, Lot A for the private street, and a common, area consisting of parking and landscape space for the purpose of commercial condominiums, to be located at the Walnut Business Center, 20418 Walnut Drive. The applicant has indicated that trash enclosures, f or parcels 3 and 7A, are provided, but was just not clearly delineated on the site plan. The Planned Sign Program was approved by the Planning Commission on November of 1992. The applicant is planning on selling all parcels, except 1, 2, and 3 in which the applicant will retain ownership of these parcels. PT/Lungu, correcting the staff report, stated that there are 258 parking spaces provided, with 56 spaces provided on Yellowbrick Road, totaling 314 parking spaces. With the proposed subdivision and the existing uses within the business center, 292 parking spaces are needed. The Fire Department will agree to parking on both sides of Yellowbrick Road. Staff feels that the street parking should be counted toward the number of parking spaces required for the business center. For the purpose of the proposed parcel map, a reciprocal parking agreement by and f or all lots will be necessary to meet the parking requirement. Staff recommended that the Commission approve the mitigated negative Declaration and Tentative parcel Map No. 23629 with the Findings of Fact and conditions listed. It is staff /s recommendation to amend the conditions in the Resolution that the f ire lanes not only be delineated on the map, but also be delineated on the site, and that the reciprocal parking agreement be recorded. Chair/Flamenbaum declared the Public Hearing opened. James Camp, an employee of Corner Stone Partners, Inc., stated that the intent of the subdivision is to sell the individual buildings to small business owners in the Diamond Bar area. In response to a series of inquiries made by C/Meyer, James Camp made the following comments: all the buildings are individually metered for all utilities; there is one master meter for all the landscaping, to be maintai'ned by the maintenance District created in the CC&RIs; because the building code requirement, requiring a one hour f ire wall on each side of a property line, was unachievable, Lot A, building 4, 5 and 7, cannot be divide into separate legal January 11, 1993 Page 3 parcels, therefore, those buildings, will be sold as condominiums; there are two billboards located in the common area space of the site; two individuals have the rights and the easement for those billboards, and at the termination of their agreement, they are obligated to remove them, or continue to operate them; the applicant would not be amenable to a condition requesting the removal of the billboards at the termination of those agreements because of the costs involved, and because the applicant does not have legal rights to the billboards; though the billboards are on our property, we have no control over them, and we do not participate in the revenue; there is presently on site lighting for the buildings, and light fixtures on Yellowbrick Road; and there are public utilities on site, and easements recorded for all the utilities. C/Li inquired about the present vacancy rate for the Center, and if the applicant is subdividing because of economic factors. James Camp stated that the park is presently 100% occupied. The property was purchased with the intent of dividing it, and eventually selling the building. There are many tenants in the project now that are interested in buying their buildings. James Camp, in response to C/Plunk, stated that they are aware that there is a graffiti problem. To combat the problem, we have planted vines along the Pomona freeway. We are amenable! as a condition, to participate with the City to combat graffiti at that location. C/Plunk inquired if the applicant would be willing to have graffiti resistant paint applied to the project as a condition to the project. She suggested that casings be placed on the roof ladders as another possible deterrent'. James Camp indicated that they would first'want to investigate the costs and benefit of the graffiti resistant paint, versus simply repainting on a continuous basis, before agreeing to such a condition. Chair/ Flamenbaum suggested that the condition, in 16- the CC&RIs, indicating the need to go to court for enforcement of the CC&RIs, be deleted and replaced with the condition indicating arbitration pursuant to the rules of the American Arbitration Association (AAA), or some other neutral body. He -T January 11, 1993 Page 4 also suggested that the CC&RIs include a condition that, in case of new ownership, present owners can remain for a yet to be determined number of years before they are evicted. Martha Brusque, residing at 600 South Great Bend Drive, expressed her concern that allowing street parking, to be used to help meet the parking requirements, may cause crime and other such problems. Chair/Flamenbaum pointed out that Yellowbrick Road is a private road, in which street parking is presently permitted. Hearing no further testimony, Chair/Flamenbaum declared the Public Hearing closed. PT/Lungu, in response to C/Meyer, stated the following: the Fire Department has indicated that the 4 existing hydrants meet their requirements; and the AQMD Rule 15 requirement, regarding a Parking Management Plan for areas with over 100 employees, does not apply to this project because the use has not changed. C/Meyer suggested that the City explore the potential of having the Property Owners Association maintain some sort of incentive, program for a Parking Management Program. PT/Lungu, in response to C/Plunk, stated that the billboards are owned by Mr. and Mrs. John and Judy Boller. A legal non conforming sign, such as the billboards on this project site, can be removed when the City's Sign Code is 15 years old, per the amortization clause. DCA/Fox explained that the outdoor Advertising Act allows billboard owners vested rights to maintain a billboard for up to 15 years without being compensated by a public entity that wishes to have them removed. In response to C/Meyer, DCA/Fox pointed out that since the owners of the billboards are not present to address their rights, it would not be appropriate to work out an arrangement to address the existing nonconforming condition. In regards to the CC&RIs, DCA/Fox suggested that, though there is a condition requiring that the CC&RIs be maintained as approved by the City, there should be an additional condition, to condition 5C, that any modifications to the CC&RIs be approved by the Commission or the City Council. He also suggested that a condition regarding graffiti January 11, 1993 Page 5 abatement may be more roperly -laced' in the p CC&RIs. C/Grothe expressed his concern that the multi tenant buildings 1, 2, & 3, should remain as one parcel because there is a potential for disagreement between possible multiple land owners, multiple policies and procedures with tenants, and the Association, in regards to parking, and maintenance of the common area. C/Meyer suggested that a transportation demand management program, under the responsibility of the Property Owners Association, could help mitigate potential parking problems. C/Grothe stated that the configuration of these buildings do not lend themselves well to be subdivided. The property lines jog in front of the next building, the differences in the buildings are not identifiable, and changes in ownerships could mean a change in standards in maintaining the 17 common area, as well as parking. i I James Camp, in response to C/Plunk, explained that their intent is to keep parcels 1, 2, & 3 as a leased investment. However, we desire the flexibility to sell it to smaller investors because there are'very few multi tenant buildings the size of parcels 1, 2, & 3 available in the market place. In response to Chair/Flamenbaum, James Camp stated that there are many light fixtures, approximately one near each building, similar to parking lot light fixtures, illuminating Yellowbrick Road. Motion was made by C/Meyer and seconded by C/Li to approve the project subject to the conditions as recommended by staff in the staff report. C/Meyer requested that a condition regarding a Transportation Demand Management program be added to the CC&RIs. In regards to the graffiti program, he stated that he does not feel it is appropriate to require the property owners, in a request for a subdivision, to pay additional revenue to combat graffiti, penalizing them because someone, without invitation, is putting graffiti on their building. The citizens have, through taxing methods, hired police to apprehend and prosecute people violating laws. The property owner is being asked to pay more for protection he should already have, which does not seem appropriate as a subdivision requirement. January 11, 1993 Page 6 DCA/Fox indicated that the CC&RIs could include a condition that the property owner, or the Association, shall maintain all of the property in a graffiti free condition. In this way, they have the option of eliminating the graffiti themselves, and are not being required to participate in the City's graffiti removal program. C/Grothe, concurring with C/Meyer that a graffiti program is not appropriate, suggested that the Commission recommend that the owners fix a few of the deficiencies so that the , property is more graffiti preventive. C/Plunk pointed out that it may not be appropriate to ask the general tax payer to pay extra for someone not maintaining their property, and keeping it graffiti free. C/Meyer pointed out that it is in the City's judgement that, it is in the public interest, to have the City graf f iti f ree. If a graf f iti program is required for this project, then perhaps it should also be required as a provision for room additions on single family homes as well. It does not seem appropriate to demand participation of a graffiti program on a request for a subdivision. Since combating the graffiti problem is a cooperative venture, he stated that he concurs with requiring such items as additional lighting and security as a means for graffiti prevention. C/Meyer then suggested that item 2, requiring participation in the City's graffiti removal program, and item 3, requiring the use of antigraffiti paint, in the supplemental staff report, be deleted. In regards to the anti -graffiti paint, C/Meyer explained that using the paint is extremely expensive and labor intensive. C/Meyer recommended that the applicant be encouraged to explore the possibility of having an arbitration clause included in the CC&RIs. He also suggested that a time notice be given regarding the billboard issue. Chair/Flamenbaum recommended that there also be a condition protecting the lessee against eviction, if there is a change of ownership, preserving the tenants rights in the property. DCA/Fox pointed out that a prudent lessee would have in the lease a provision contemplating a change of ownership. Staff will investigate if there are appropriate safeguard options available, January 11, 1993 Page 7 r7, s- i if the Commission so desires', and -include them in the Resolution if- feasible-'. 'The Commission concurred. C/Grothe recommended that, as a graffiti preventive measure, there should be a condition indicating that the applicant shall add additional lighting and landscaping along the property adjacent to the freeway, and encourage the applicant to secure the exterior ladders to the roof. PT/Lungu - stated that condition 5.V of the Resolution, should be deleted. Chair/Flamenbaum directed staff to draft the Resolution of Approval, determining if the recommendations made should go into the CC&RIs or into the Resolution of Approval, to be brought back to the Commission for approval at the next meeting. The Commission then voted upon the Motion made by C/Meyer, seconded by C/Li, and amended as follows: to approve stat f Is recommendation subject to the T7 conditions as recommended by staff in the staff report, deleting condition 5.V of the Resolution, and deleting items 2 & 3 of the supplemental staff report, and adding items 1, 4, 5, 6, 7, & 8, of the supplemental staff report, in which item 6 is the Transportation Demand Management, item 7 is the Arbitration Clause, item 8 is a relocation plan protecting the rights of the tenant, and to also include the recommendation for additional lighting and landscaping, as well as modifying item 4 to secure the exterior ladders to the roof. AYES: COMMISSIONERS: Meyer, Li, Grothe, and Chair/Flamenbaum. NOES: COMMISSIONERS: Plunk. ABSTAIN: COMMISSIONERS: -None. Chair/Flamenbaum recessed the meeting at 8:40 p.m. The meeting was reconvened the meeting at 8:47 p.m. NEW BUSINESS: C/Grothe nominated C/Meyer as Vice Chairman. C/Li seconded the nomination. Selection of Vice AYES: COMMISSIONERS: Meyer, Li, Grothe, Plunk, and Chair/Flamenbaum. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. The nomination of C/Meyer as Vice Chairman was approved unanimously. January 11, 1993 Page 8 COMMISSION C/Grothe indicated that it would be appropriate to COMMENTS: have a policy of informing commissioners of personnel changes on the Commission'or staff prior to reading about it in the newspapers. C/Li requested information regarding the formation of the Sewer District formed within "The Country". ADJOURNMENT: Motion was made by C/Meyer, seconded by C/Grothe and CARRIED UNANIMOUSLY to adjourn the meeting at 8:50 p.m. to January 18, 1993. Respectively, 24— JLWDeStef an Secretary Attest: Bruce Flamenbaum Chairman