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HomeMy WebLinkAbout4/26/1993CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION APRIL 26, 1993 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at 6:11 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: Plunk, Vice Chairman Meyer, and Chairman Flamenbaum. Commissioner Li arrived at 6:19 p.m. and Commissioner Grothe arrived at 6:57 p.m. Also present were Community Development Director James DeStefano, Planning Technician Ann Lungu, Deputy City Attorney Craig Fox, Interim City Engineer George Wentz, and Contract Recording Secretary Liz Myers. CONSENT CALENDAR: Chair/Flamenbaum indicated that staff has recommended that item 2 be pulled from the Consent Minutes of Calendar. Chair/Flamenbaum requested item 3 to be Apr. 12, 1993 pulled from the Consent Calendar as well. C/Plunk requested the Minutes of April 12, 1993 be amended on page 5 to indicate that "The Foothill Presbyterian Hospital had possibly 60 landings recorded in one year, but that the information will be checked." Motion was made by Chair/ Flamenbaum, seconded by VC/Meyer and CARRIED UNANIMOUSLY to approve the Minutes of April 12, 1993, as amended. Resolution of ICE/Wentz stated that the words "grading permits" Approval for on page 6,_ condition item #14, should be changed to CUP 93-2 state "building permits." The remainder of the conditions are satisfactory as written. C/Plunk suggested that condition #16 be amended to indicate "...the said property owner is required by the City to provide such access", and condition #19 should be amended to indicate "for Sunday services or large special events" to replace the statement "between the hours of 600 to 1400 hours". Motion was made by VC/Meyer, seconded by Chair/ Flamenbaum and CARRIED UNANIMOUSLY to approve the Resolution of Approval for CUP 93-2, as �amended. I Finding ICE/Wentz reported that Transamerica Realty Conformity of Services has offered to quitclaim it's interest in draft General a strip of land located along the south side of Plan for Prospectors Road and Lots 3,4,5,9, and 10 of Tract acquisition No. 26203 west of Golden Springs Drive. The April 26, 1993 Page 2 Max Maxwell, residing at 3211 Bent Twig, suggested that, since there is not currently a traffic problem in that area, the City should set the matter aside until a proposal for obtaining the property at a lesser price is received. He then pointed out that this subject area would make a good back entrance to a commercial center, which at one time, the City had considered making the Golf Course into a commercial center. Hearing no further testimony, Chair/Flamenbaum declared the Public Hearing closed. VC/Meyer noted that the right-of-way is substandard. He recommended moving forward with the acquisition of the public right-of-way because it may be used in the future. He then suggested that page 2, paragraph 4.b., be amended to properly indicate that the property is located on the south side of Prospectors Road west of Golden Springs. Motion was made by VC/Meyer, seconded by C/Plunk and CARRIED UNANIMOUSLY to recommend to the City Council the approval of the acquisition of the real w tt�"'r- of property property in question may potentially benefit the City in maintaining an easement for public improvement purposes along with the previously established utility easements and the future widening or intersection improvement. This item was brought before the City for preliminary discussion about 18 months ago, in which there was discussion that the City might reconvey the property to the adjacent property owners at a later date based partly upon some possible encroachments within that easement. It was believed that it was worthwhile to obtain that property to eliminate any sliver of property between the City's existing right-of-way and another ownership. At this point, the only cost to the City would be any back taxes that exists from nonpayment, which is estimated to be about $1,700 dollars. Chair/Flamenbaum pointed out that the City might be able to obtain the property for less money if ownership reverts back to the County. ICE/Wentz stated that it is felt that $1,700 dollars is not a significant expense for having the. land available to the City for any future widening to that particular street, or other improvements done in the right-of-way. The Public Hearing was declared opened. Max Maxwell, residing at 3211 Bent Twig, suggested that, since there is not currently a traffic problem in that area, the City should set the matter aside until a proposal for obtaining the property at a lesser price is received. He then pointed out that this subject area would make a good back entrance to a commercial center, which at one time, the City had considered making the Golf Course into a commercial center. Hearing no further testimony, Chair/Flamenbaum declared the Public Hearing closed. VC/Meyer noted that the right-of-way is substandard. He recommended moving forward with the acquisition of the public right-of-way because it may be used in the future. He then suggested that page 2, paragraph 4.b., be amended to properly indicate that the property is located on the south side of Prospectors Road west of Golden Springs. Motion was made by VC/Meyer, seconded by C/Plunk and CARRIED UNANIMOUSLY to recommend to the City Council the approval of the acquisition of the real w tt�"'r- April 26, 1993 Page 3 property along the south side of Prospectors Road west of Golden Springs Drive. ROLL CALL: Hardy Strozier then presented the conclusion to the slide presentation given at a previous meeting. The first few slides illustrated an overview of the project area, for the benefit of those who were not present during the first slide presentation, which attempted to bring forth the data from the EIR, in summary photo form. The remaining slides shown focused upon cross section, "A" through "G", attempting to get inside -the project and describe what is occurring with the grading plan and land use plan. The following is a summarization of that slide presentation: AYES: COMMISSIONERS: Li, Plunk, VC/Meyer, and Chair/Flamenbaum. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ABSENT: COMMISSIONERS: Grothe. CONTINUED Hardy Strozier, Project Manager, reported that this PUBLIC HEARINGS: is a continued public hearing regarding the following items: South Pointe Master Plan General Plan Environmental Impact Report No. 92081040; General Amendment 92-2; Plan Amendment; 3 Development Agreements; Vesting DA 92-1, 2, and 3; Tentative Tract 32400 Arciero); tentative Tract Vesting TT Map 51253 (Patel); Vesting Tentative Tract 41407 (RnP); 51407, CUP 92-8 & 3 Hillside Management Ordinance Conditional Use OT 92-8; ZC 91-2 & Permits; 3 oak Tree Removal Permits. The proposed OT 91-2; TT Map project is located in the southwestern area of the 51253 & CUP 92-12; City, encompassing an area of approximately 171 OT 92-9; SP Master acres. The project site is"comprised of a number Plan; & EIR 92-1 of existing parcels and ownership interests, generally described as being situated westerly, of the Orange Freeway and Brea Canyon Road, easterly of the corporate boundaries of the City, and northerly of Pathfinder Road and the existing residential area. The four applicants are RnP Development, Inc., Arciero and Sons, Inc., Sasak Corporation, and the City of Diamond Bar. The staff report includes a series of procedures recommended by staff, as well as responses, or the location of those responses, to Planning Commission questions raised at previous meetings. There is also a response to questions submitted by VC/Meyer and by C/Plunk. Furthermore, a cougar biological study has also been included which responds to a concern regarding cougars in the project area. Hardy Strozier then presented the conclusion to the slide presentation given at a previous meeting. The first few slides illustrated an overview of the project area, for the benefit of those who were not present during the first slide presentation, which attempted to bring forth the data from the EIR, in summary photo form. The remaining slides shown focused upon cross section, "A" through "G", attempting to get inside -the project and describe what is occurring with the grading plan and land use plan. The following is a summarization of that slide presentation: April 26, 1993 Page 4 Cross Section "A" - Illustrates the 57 freeway along Brea Canyon Road area. o There is a 155' foot setback from the edge of Brea Canyon Road to the back of the first building, and an elevation difference of approximately 50 feet from Brea Canyon Road to the slope of the first home, which illustrates why there is very little noise impact with the proposed project. The maximum depth of cut is 97' feet. o The location of the existing Sandstone Canyon stream is illustrated. The depth of fill is 82' feet. o The South Pointe Middles School is illustrated. There is an elevation change of 40' feet between the finished pad of South Pointe Middle School to the Arciero finished pad. The Master Plan provides for pedestrian access from the Arciero Tract to the school site. The depth of cut on the school pad'is 42' feet. Cross Section "B" - Illustrates a little bit northerly of cross section "A". o There is still the 120' foot setback from Brea Canyon Road, however, the proposed Arciero Tract at this location is 75' feet higher than existing Brea Canyon Road, and the 57 freeway is around .5' feet higher than Brea Canyon Road. The depth of cut is 65' feet, and the depth of fill is 70' feet. It also illustrated the location of the existing stream at Sandstone Canyon. o There is about a 40' foot -elevation difference between the Arciero finish pad and the finish pad of the school. The depth of cut is 70' feet at the school building pad. Cross Section "C" - Illustrates the north to south direction, cutting through the Arciero Tract. o There is a 75' foot tall hill between the existing residential units, or Garazon Place, and the proposed Arciero tract. o The depth of cut at this location is 60' feet. The design allows a portion of the hill to remain as a set back buffer between the existing residential, Garazon Place, and the proposed tract. o The transition between the proposed residential and the office/ commercial is illustrated. The depth of fill at the point : ,, April 26, 1993 Page 5 of the commercial area is 40' feet. There is a 120' foot setback proposed between the commercial structures and the residential structures. o The continuation of the residential pad moving into the proposed South Pointe park area is illustrated, showing the location of street "A". Street "A", at this location, is at grade with the commercial area. The slope falls off from street "A" down towards one of the Homeowners Association's ownership parcels. o There is a 55' foot set back between street "A" and the property line of the Homeowners Association open space parcel. Cross Section"D" - Illustrates beginning from the 57 freeway moving westerly, cutting through the commercial area, then through the RnP, and then the Patel property. 0 W 's7 C Brea Canyon Road, at this location, is at grade with the proposed commercial property. It is also about 5' or 6' feet higher than. the 57 freeway, still having ample visibility from the freeway on to the commercial property. The depth of cut at this location is 111' feet, which is approximately in the middle of the commercial area. The depth of fill at the existing stream is 66' feet. Half of the commercial area is in the canyon, and half is in the cut area where the hill exists. Preserving some of the slide slopes and some of the canyon area would eliminate approximately 1/2 of the proposed 30 acre commercial area. The park site, moving across the commercial area, is illustrated, locating street "A" on the southerly portion of the park, as suggested by staff. The park site and the commercial site are pretty much at grade level, making them assessable to one another. Depth of cut in this area is 60' feet. There is a 320' foot open space separation between the edge of street "A" and the first home on the RnP tract. It illustrates how half off the park is flat and usable, and how half the park is usable but in a passive open space environment. The first home of the RnP tract is separated, from a noise standpoint, from the active park site. Moving westerly from the RnP tract into the Patel tract, illustrating the location of Morning Sun, there is a 20' foot cut on the April 26, 1993 Page 6 Patel portion. The line stream, and associated with it. Patel tract has a blue around 50 Oak Trees Cross section "E" - Illustrates north to south through the Homeowners Association ownership, which is located on the west side of the property cutting through the Peaceful Hills property. o There is approximately an 80' foot setback between the existing homes and the proposed homes, which generally relates to the setback characteristics of the RnP and the Patel tracts at that location. The typical existing grade in depth of fill in this area is about 46' feet. o The existing residential Peaceful Hills tract is located at an elevation of 980' feet. There is an approximate 165' foot grade differential between the home that overlooks the HOA open space area and the first home of the RnP tract. There is an 111' foot setback difference between the property line of the Peaceful Hills nearest home and the property line of the nearest home proposed at the RnP tract at this location. Cross Section "F" - Illustrates from the Peaceful Hills subdivision crossing north, northwest to a point near Morning sun Drive in the Patel tract. o The existing residential Peaceful Hills is at an elevation of 930' feet. o The proposed grade at RnP is 810' feet, and there is an 180 foot grade differential. o There is no view line obstruction between the existing residential and the proposed residential. There is a 90' foot property line setback between the RnP property and the Homeowners Association property. There is a 165' foot setback between the first home at Peaceful Hills and the first home at RnP. Cross Section "G" - Illustrates from Peaceful Hills north, northeast through the Arciero tract and through the commercial site. o There is a 320' foot setback between the first existing residential home on Glenthorpe Drive, and a 100' foot elevation difference between the first home at Glenthorpe Drive and the first home at the Arciero tract, whereas the Arciero tract would be at a higher elevation. 0 F" April 26, 1993 Page 7 �_ The depth of cut at this location is 103' feet. o The beginning of the commercial property is from Glenthrope Drive to the edge of the residential property. The depth of fill of the commercial site is 73' feet. o The parks site in relationship of the commercial site is illustrated, with street "A" located on the southside. It is a flat pad. The depth of fill at the park site is 69' feet. There is a 100' foot elevation higher to the existing homes at Peaceful Hills to the park site. The setback is over 100' feet. Hardy Strozier concluded the slide presentation, which also concluded staff's presentation of the various elements of the Master Plan, and the technical elements of the proposed grading concepts. It is staff's recommendation that the Planning Commission invite the three developers to present their respective projects within the proposed South Pointe Master Plan area. Sasak and RnP have prepared alternative,tentative tract maps for the Commission's review, which were included in the March 22, 1993 staff report. Chair/Flamenbaum recessed the meeting at 7:05 pm. The meeting was reconvened at 7:20 p.m. Chair/Flamenbaum, referring to the South Pointe Master Plan booklet attachment "B" of the Jan. 25, 1993 meeting, requested more information regarding the transfer of land. Hardy Strozier stated that the City owns about 8 acres of residual slope easement property located along Brea Canyon Road, 2.5 acres of existing Larkstone Park, and 5 acres of the former Water District property, totaling about 15 acres to be dedicated to the developers. The developer is proposing to dedicate a 28 acre park site, and another 10 to 15 acres of commercial property, totaling 38 to 43 acres that will be dedicated to the City. The City will end up with a net 15 to 20 acres more useable property with this Master Plan in it's various transactions. The City also gets land back from the School District, in which the City will transfer that land to RnP, who in turn will transfer commercial acreage and park acreage to the City. Jan Dabney, 671 Brea Canyon Road, consultant for RnP and Arciero on the Master Plan, explained that April 26, 1993 Page 8 m..., ....._ .. a, we' i. Nr767-P:"T tl a'�, -.i� he was hired by RnP, January -of 1991, to meet with :FE the City on the development of their 78 acres. They met with the City, and individually with the Council members, to propose an empty pallet for the Council to outline the desires of the community on RnP's' ownership. The following concerns were addressed by the Council: environmental issues surrounding the canyon; the School District's capabilities to proceed with the construction of a Middle School; the proposed Arciero tract; and concerns on what would occur with this 171 acres undeveloped, and it's impacts on the surrounding community. After viewing the project for 6 or 7 months, it was recommended by the then City Manager that a Master Plan or a Specific Plan be developed, allowing for the best utilization of the entire property. The Master Plan was predicated by a market analysis which addressed many of the concerns raised by the public such as the devaluing of the adjacent properties, the general development of the residential aspect and enclaves, the sizing of the lots, and vacancies. The first consideration of the overall aspects of the Master Plan was the cost of the land, and the economics of the marketing of the properties. The planning aspects of the location of the commercial, the park, street "A", the aesthetics of the project, and all the accesses have been serious studied. If a street is to be realigned, one must consider the dramatic impact it would have on the entire ii project. Another major consideration of the Master Plan was a density analysis. It has always been the intent to have this Master Plan be the least dense development, as far as actual lots per acre, i in the entire area, and to create a recreational area that the children could enjoy. He then reviewed the following densities of the existing developments: Tract 27141 has a gross area of 75 acres, with 228 single family detached residential units, and a gross density of 3.04 DU/acre; Area 1, homes surrounding Morning Sun, has a gross area of 7.7 acres, with 24 single family detached units, a gross density of 3.12 DU/acre, and an average lot size was 10,800 square feet, the biggest lot being 15,390 square feet, and the minimum lot being 8,260 square feet; and Area 2 has a gross area of 32.5 acres, with 117 units, a gross density of 3.6 DU/acre, with an average lot size of 9,450 square feet; Area 3, surrounding South Pointe Middle School, consists of 109 acres, with 290 units, for a gross density of 2.65 unit, and an average lot size of 12,760 square feet, with a minimum lot of 7,100 square feet (There was not any dedication of park or open space in the development of these m..., ....._ .. a, we' i. Nr767-P:"T tl a'�, -.i� m ry m•ry-. _, �, r n .. _ ,_ .. _ _ _ _u>wry «x eJr�x.YxFll.bl�.xr..xdiwx�Mla4—_ - " __ - - :� April 26, 1993 Pa4 e1 9 specific project); Area 4, the Pathfinder Homeowners Association, has a gross area of 89.93 acres, with 173 single family detached residential units, which includes 36.9 acres of dedicated open space, and an improved 1.65 acres developed park within the community, with a gross density of 1.92 DU/acre, and an average lot size net development of 10,400 square feet, with a minimum lot size of about 6,600 square feet. The Pathfinder Homeowners Association was a density transfer from the two open spaces set aside to allow the cluster development under County zoning. VC/Meyer inquired of the difference between gross density and net net density. Jan Dabney explained that the net net number is derived from the actual lot, excluding the street, parks, dedicated open space, and calculates the intensity of the development and not density. There are three density configurations: gross density which includes the street; net density which includes all the park and open space, but excludes the street; and the net net density that excludes everything but the true lot. CDD/DeStefano confirmed that the density provisions in the City's Zoning Ordinance are based upon gross density. Jan Dabney then reviewed the following densities of the proposed developments: Area 5, the RnP development, has a gross area of 61.6 acres, with 90 single family detached residential units, which includes the dedication of 2.5 acres of open space and 28.05 acres of park, and has a gross density of 1.46 units per acre, with an average lot size of almost 12,000 square feet, a maximum lot size of 18,700 square feet, and a minimum lot size of 9,000 square feet; Area 6, the Arciero development, has a gross area of about 41 acres, with 91 single family detached residential units, which includes 14.1 acres of dedicated open space, and a gross density of 2.23 units per acre, with an average lot size of 9,200 square feet, a maximum lot size of 17,200, and a minimum lot size of 7,200 square feet; the combined area of Arciero and RnP is 102 acres with 181 single family units, with a gross density of 1.77 units per acre over the Master Plan; the Patel property, depending on the final proposal, goes from 1.77 to 1.85 average density across the Master Plan. April 26, 1993 Page 10 Jan Dabney stated then that all concerns have been IN, considered and evaluated. An analysis, completed about two years ago to determine the feasibility of leaving a portion of the canyon open, concluded that ,doing so would not really be a benefit to the City because it would still require the removal of the top of the hill, the removal of the vegetation, and the buttressing of the existing slides. This Master Plan, as presented, was developed to blend the various aspects desired by the City. The park configuration was laid out to break up the commercial from the School District, and the commercial from the residential development, and to provide an excellent buffer between the existing development on top of Peaceful Hills and the commercial. The location of street "A" serves to provide for some protection in case there is a condition of slippage. Those opposing the project seem to be 1 part politician, 1 part environmentalist, and 5 parts "not in my back yard". Those on Morning Sun have indicated that they are opposed to the development because they have a substandard street. However, in reality, Morning sun is not a substandard street, and though there is no sidewalk built in the right-of-way, they do enjoy the use of 12 feet of the County's property instead. If this project was not to be approved because of the sidewalk, which is about an $18,000 cost, the owners of the property would probably be willing to resolve this single issue. VC/Meyer inquired if the developers met with the Pathfinder Homeowners Association to explore the possibilities of improving their existing open space property for additional passive recreational, and exploring possibilities of allowing public access to the area. Jan Dabney stated that, in his opinion, the concern that the Pathfinder Homeowners Association had, regarding the enhancement of their property and the passive area around there, was that they preferred not to give up anything in their fight to stop the project. If in fact the project does develop, they would probably then give some consideration to those mitigations. VC/Meyer inquired if it would be possible to provide public access to the Homeowners Association's open space for passive recreational use. He also inquired if part of the ancient landslide is within the Pathfinders Homeowners Association's open space area. April 26, 1993 Page it -.N Jan Dabney stated that the open space area does lend itself nicely to passive recreational aspects. The ancient landslide appears to stem from Mr. Schad's house down to the park. VC/Meyer requested a preliminary engineering feasibility study of moving road "A" northerly against the Arciero project. Jan Dabney stated that locating the road on the northerly side,* adjacent to the Arciero tract, saves some of the Oak trees, but it does not yield as much of the canyon as anticipated because a 2:1 slope would not be allowed within the City due to the hillside considerations to that specific grading avenue. If there was no improvement to the canyon whatsoever, the true location for Street "A" would be on the southern end of the property because it has the least intrusive impact on the canyon coming from that direction. He then pointed out that the private property owners involved in this Master Plan have a development potential of 452 dwelling units, but only approximately 200 units are being proposed. Furthermore, almost 500 of the entire RnP and Arciero ownership, within the -� residential development, is being transferred to either passive or recreational park facility or open space. Jan Dabney, in response to VC/Meyer's inquiry regarding the closures of Rapid View and Larkstone, stated that, strictly from an engineering point of view with no consideration to City policy, every street should be connected to lessen the impact on every specific neighborhood. It is not desired having just emergency access to Morning Sun because of the associated fire hazards, even though the minimum fire department standards are met by having emergency access only to Morning Sun. Upon the request of C/Grothe, Jan Dabney showed the slide illustrating the location of the development as compared to the location of the existing canyon. About 1.4 million yards of dirt will have to be cut to create that commercial strip center, regardless if any of the dirt is put in the canyon. The tree count does go down on the easterly side of the F =, specific canyon, but the tree size appears to be more significant,. C/Grothe suggested that, as an alternative to what has been proposed, a portion of the dirt be put on the east side of the canyon to gain back a fair amount of the commercial pad, and then placing the April 26, 1993 Page 12 rest of the dirt on the center of the development creating a hill in the middle, with Brea Canyon and the school on either side. This mimics the general topography of the City, which are hillsides, and mitigates the problems associated with lights, and sounds from the freeway. Though this configuration would eliminate a lot of the .park, it also reduces grading and cutting down into the canyon. The road would be designed at the base, wrapping around with some access roads into the housing development, and no homes would front that road. Jan Dabney pointed out that most of the Councilmembers urged them to consider a strong, large, active recreational community. Having a smaller commercial development, and leaving a portion of the canyon, was considered, however, if the commercial development becomes too narrow along Brea Canyon Road then terrible marketing constraints develop. One of the considerations of this project is the huge traffic generator immediately before us. The traffic count on the 57 freeway is dramatic to this project. C/Grothe stated that the developers have a responsibility to build a project that resembles the rest of Diamond Bar. Most of the -development in Diamond Bar does not have such gigantic flat pads and development, but rather terraces up and down hills. Jan Dabney pointed out that the mountain, for the development in the Pathfinder Homeowners Association, was completely cut off flat, and the entire cut was put in the original Sandstone Canyon headwaters. We are very sensitive to this specific neighborhood, more so, historically, than people have been in the past. C/Grothe stated that he has been requesting potentials and possibilities for the last 6 months demonstrating why the shopping center would or would not work. It is important to remember that what is hot in retail building and construction today may change in two to three years. It is short sighted to do planning based upon sales tax revenues. There is a need to review the options to determine if the project presented is the best project to be proposed. Jan Dabney pointed out that the one thing not changing is the City's declining revenue versus service costs. He explained that many of the things being suggested through mitigation have M 71177s, t. April 26, 1993 Pa4e'13 already added over $5,000 per lot for the planning function, and $7,500 per lot for tree mitigation for Mr. Arciero's project. If the wheel is reinvented at this point, from a conceptual point of view, it would add a substantial amount of money to the cost of the development. After 2,000 man hours on this project, the plan presented today is very sensitive to the community needs. C/Plunk requested Mr. Dabney to compare this project to the approximate 200 unit project turned down by LA County a few years back. She then suggested that there be consideration made to assure that the commercial center is not a size that would only hold dry cleaners and pizza parlors. Chair/'Flamenbaum inquired if there has been a survey conducted on the San Diego horned lizard, as referred to in the EIR. Hardy Strozier stated that the survey has been conducted which indicated that the horned lizard is r l not on the site. The written results of the survey will be given to the Commission when it is received. Furthermore, the Pacific Southwest Biological Services, Inc. have contended that there are no cougars present in the canyon. Chair/Flamenbaum recessed the meeting at 9:08 p.m. The meeting was reconvened at 9:20 p.m. Frank Arciero Jr., of Arciero & Sons, 950 N. Tustin, Anaheim, made the following comments: they have researched and studied various different designs to the project to try and mitigate the potential problems; the site is unique in that one is confined in certain areas; staff has been available to answer any of the Commission's questions up to this point; the project presented, and denied, before the LA County Planning Commission was for a 120 unit seniors development; when the School District expressed an interest in buying part of the property, they returned to the County's Commission with an R-1 development, but because the City, at that time, was ready to incorporate, the project was put aside, and he decided to wait until after incorporation to present a project; the City called him a year later to discuss master planning the entire area; 3 1/2 years later, we are still trying to discuss the master plan; and an EIR was circulated and approved allowing him to move the dirt, and he has the funding and the mechanism.to move the dirt today; April 26, 1993 Page 14 Frank Arciero Jr. stated that the redesign may be feasible but research would be needed to determine to what extent, taking into consideration the School constraints. In response to Chair/Flamenbaum, he stated that there is no present impediment for them to move that dirt at this point, with the exception of obtaining a Fish and Game Permit, which is not a problem. The dirt has not been moved at this time because he would prefer to work with the City. He then corrected that the amount of dirt generated by this plan is no more than 4.5 million cubic yards of dirt, as opposed to the 9 million that was mentioned. In response to C/Grothe, Frank Arciero Jr. stated that though he does not yet have the grading permit to move the dirt, he could work something out with the school district to do the grading, if needed. James Budke, President of Budke Design, 5 Wrigley, Irvine, representing Mr. Patel, made the following comments regarding the proposed project: there are 6.7 acres with an average slope of 12% to 15%; w there is a 136' feet of elevation change from the { lowest point to the highest point; there is a portion of blue line stream, of about 300 feet, on site; there are 53 coast live oaks to be removed; there are 23 lots proposed; there will be 145,800 �,,Ej;' u and he has not moved the dirt because he has wanted�,14,,�, ,..ii to be in good standing with the -city. In response to VC/Meyer'.s inquiry regarding the history of the Rapid View access to his site, Mr. Arciero Jr. explained that originally there was access to Larkstone Drive and Rapid View, but there was a lot of opposition and concern that the development would create a lot of traffic going through Rapid View. During the course of mediation, the School came forward and suggested the configuration proposed today, with the primary access being on Brea Canyon Road to include an emergency access. The design for South Pointe Middle School has been completed and approved by the State architect. Though access to the school from the project has been cut off, a pedestrian access will be created through a walkway so that the children can take access to the school via a path. Hardy Strozier confirmed that the Arciero,, development will generate 30 trips a day, which is not a significant number of new trips for a local collector. VC/Meyer inquired if Arciero's project could be i+ redesigned to provide access to Rapid View. _ Frank Arciero Jr. stated that the redesign may be feasible but research would be needed to determine to what extent, taking into consideration the School constraints. In response to Chair/Flamenbaum, he stated that there is no present impediment for them to move that dirt at this point, with the exception of obtaining a Fish and Game Permit, which is not a problem. The dirt has not been moved at this time because he would prefer to work with the City. He then corrected that the amount of dirt generated by this plan is no more than 4.5 million cubic yards of dirt, as opposed to the 9 million that was mentioned. In response to C/Grothe, Frank Arciero Jr. stated that though he does not yet have the grading permit to move the dirt, he could work something out with the school district to do the grading, if needed. James Budke, President of Budke Design, 5 Wrigley, Irvine, representing Mr. Patel, made the following comments regarding the proposed project: there are 6.7 acres with an average slope of 12% to 15%; w there is a 136' feet of elevation change from the { lowest point to the highest point; there is a portion of blue line stream, of about 300 feet, on site; there are 53 coast live oaks to be removed; there are 23 lots proposed; there will be 145,800 April 26, 1993 Page 15 cubic yards of cut; the on site fill is 8,790 cubic yards with an -export of about 58,000 cubic yards; the deepest cut occurs on lot #16 of 41 feet; the highest fill on the site is on lot 014 for approximately 50 feet; the minimum lot size is 8,000 square feet; the minimum pad size proposed is 6,000 square feet; the largest lot is 16,700 square feet; the average lot is 10,200 square feet; and the density is 3.43, which is comparable to the surrounding neighborhood. He then presented several alternatives to the site, as indicated in the staff report, that have been laid out responding to comments made by the Commission, staff, and members of the audience. He then presented a slide presentation illustrating a brief overview of the alternatives for Mr. Patel's site, as presented in the staff report. Concept #4 is the preferred proposed alternative. Chair/Flamenbaum, noting that Concept 14 completely disenfranchises those residents that live in that area from the City, in terms of any physical ,n connection, stated that, in his opinion, it is an error not to directly link those people with the City. James Budke explained that the decision not to provide for a direct link came from his client, who is responding to a lot of comments addressed to him by many of the residents on Morning Sun. In response to Chair/Flamenbaum, he stated that the gross density is 3.43, and the draft General Plan calls for a zoning of RPD 10,000-6U. Chair/Flamenbaum pointed out that the draft General Plan currently indicates that 3DU/acre is allowed in that zone. C/Grothe thanked the applicant for his efforts in drawing a number of alternatives, illustrating what a number of the suggestions made would look like. C/Li inquired if Mr. Patel has definitely decided to be part of the Master Plan process. He also inquired what is meant by a blue line stream. James Budke indicated that Mr. Patel is definitely -.r- part of this Master Plan. In regards to the blue j line stream, he explained that the term blue line comes from it's actual, physical depiction on a USGS topography map. At one point in time, this stream was a much longer, and larger stream. The water found in the stream now generally is runoff from the south slope landscaping and lawn April 26, 1993 Page 16 irrigation. once it is designated as a blue line stream, then it is always a blue line stream regardless of the size. Hardy Stroaier explained that the federal agencies use the USGS quad as a first indicator of a navigatable water way of the United States, and Section 404 of the Federal Clean Water Act, requires a dredge and fill permit within the navigatable water way. Following this, a stream bed alteration permit is also required from the California Park Fish and Game. C/Li stated that, if this project is to be approved by the City Council, he would prefer that cop and gutter not be used in any of the storm drain services. In response to VC/Meyer, James Budke confirmed that all existing oak trees, which are mostly clustered, will be removed and replaced according to the City's 2:1 ratio policy. He also indicated that, at this time, no consideration has been made to designing an architectural feature with the trees on a valley rather than on a slope. It is Mr. Patel's intent to pay in lieu fees rather than providing any recreational space. VC/Meyer, referring to Concept #4, inquired if consideration has been given to the problem that all municipal service delivery is to be made out of the City. Hardy Strozier stated that staff has considered this and has recommendedthat the access be through to Morning Sun, and that there be a maximum of 21 dwelling units. VC/Meyer expressed his concern that the residents on the cul-de-sac will experience a major change in it's existing lifestyle when the street at the indicated location is introduced. He suggested that a full range of design options be considered, including clustering, to try to save some of the open space, and that there be consideration to a common recreational area. James Budke pointed out that Concept #4 does not have a through street to that cul-de-sac. We have 11 tried to be as sensitive as possible to the residents on Morning Sun in that regard. There is flexibility on the site, and there was an attempt to consider a variety of options, and constraints. mlr'rI414''"' April 26, 1993 Page 17 Chair/Flamenbaum recessed the meeting at 10:40 p.m. The meeting was reconvened at 10:50 p.m. Chair/Flamenbaum suggested that the commission focus on the concept of the draft General Plan. He reminded the audience that the Commission does plan to meet again Thursday, April 29, 1993 to allow additional time for public comments. VC/Meyer suggested that, since the commission, in essence, has made closure on the environmental document, the public may prefer to focus on the land use issues of the canyon rather than the environmental issues. Chair/Flamenbaum declared the Public Hearing opened. sherry Roberts, residing at 2660 Broken Feather, responding to some of the comments made by C/Grothe, pointed out that "trashing" the canyon is a matter of opinion, and in her opinion, building a beautiful school, adding beautiful homes equivalent to the existing homes, and adding a park, is not "trashing" the canyon. She then presented a video, produced by students -from South Pointe Middle School, depicting the conditions existing at the school today, which include overcrowded portable classrooms, dangerous traffic conditions in the morning and the afternoon, overcrowded lunch time conditions, and problems occurring when it rains. She stressed the urgency of building a school immediately. The developers have a right to develop on property owned by them. Vinod Kashyap, residing at 21452 Chirping Sparrow Road, made the following comments: the schools in Kenya, Africa are in better condition than South Pointe Middle School; the developers should not be required to redo the entire process for the benefit of one Commissioner; he too pays taxes therefore his voice should carry as much weight as the Pathfinder Homeowner's Association; he moved to Diamond Bar because he wanted his children to get a good education in a good environment; and the children should take precedent over the interests of a few selfish people. An York Lee, residing at 20724 Gernside Drive, submitted a letter for the record indicating his support for the construction of the school. The school project should be separated from the rest of the proposed project so that it's construction is no longer delayed. _�_n-.-.--,--.�__.�_�_ n carr ,JI�6� � i ur r,rii i April 26, 1993 Page 18 h., Max Maxwell concurred that _a school is needed, and suggested that the school project be separated from the rest of the proposals. Concerned that there is no General Plan, he requested a letter confirming why the EIR has been separated from the rest of the project, if the Planning Commission did actually recommend it's approval to the City Council, and if it is possible for the Planning Commission to approve the entire project without it ever going before the City Council. George Barrett, a resident, concurring that a school should be built, stated that, in his opinion, the school is being held hostage to get the rest of the project approved. He pointed out that other citizens oppose the project, not just the Pathfinder Homeowners Association, and that other schools in Diamond Bar suffer from similar conditions as those present at the South Pointe Middle School. This project will only bring on additional traffic, compounding horrendous traffic conditions already present. Dr. Gorman made the following comments: it may be illegal to finalize an EIR without an approved General Plan; he is planning on conferring with the LA County Planning Commission to determine if Oak trees 8" in diameter with a girth of about 2511, and if heritage trees of 20" in diameter, can be removed; the biology and the geology portion of the draft EIR is faulty; he saw 8 or 9 cougar tracks, a few weeks ago, in Sandstone Canyon; the canyon is a transit corridor for cougars between Tonner Canyon and to the west; and, in his opinion, the project is being forced through. Barbara Beach Cushane, residing at 2021 Peaceful Hills Road, made the following comments: the EIR concludes that the noise impacts could not be mitigated beyond a significant level, which is contrary to Mr. 5trozier's comment that the project will not create a noise problem; the proposed homes will interfere with the existing view; this project dramatically and negatively affects the quality of life of the homeowners; there are other scientists, just as accountable as the developer's scientists, that disagree vehemently with the conclusions brought forth; it is quite true that she does not want the project in her backyard.; originally, this land was zoned open space, or a possible park, as is indicated in the tract map; it was the City, after incorporation, that rezoned that land and allowed this project to be considered tonight; the Pathfinder's Homeowners were told that the land P April 26, 1993 Page 19 would not be developed; she thanked C/Grothe for his comments made, and indicated that they too are waiting for answers to questions asked last November of 1992; and she pointed out that school quality has nothing to do with brick and mortar. CDD/DeStefano, upon the request of C/Plunk, explained that there has been no zone changes in that area since the City incorporated, and that the zoning for that area is exactly as it was upon incorporation in April of 1989. The only thing changed was the adoption of the Land Use classification, with the approval of the General Plan in July of 1992, which of course has since been rescinded. Bill Tinsmen, a resident, expressed his concern that decisions are being made without a General Plan. He inquired if upon the approval of this development, and if the commercial center at Pathfinder and Brea Canyon is no longer vacant, and the business condition at the Albertson center _ suddenly improves, would the traffic conditions be such that the existing residents in Area "A" would be able to egress from their tract without needing another signal. He concurred that the condition of the school is horrendous but that the issue should be brought before the School District. The school issue should be separated for this development. . Don Schad, residing at 1824 Shaded Wood Road, thanked the planners and the developers for the presentation made this evening. Hearing no further testimony, Chair/Flamenbaum declared the Public Hearing closed. Hardy Strozier, in response to a comment made by Mrs. Cushane, explained that the EIR indicates that the noise, from any point of the project, can be mitigated to levels that are adequate according to the City's noise guidelines. C/Plunk requested staff to respond, at the next meeting, if the South Pointe Middle School dirt can moved as indicated by Mr. Arciero Jr.. Following discussion, the Planning Commission concurred to continue the public hearing to April 29, 1993 at 7:00 p.m., understanding that VC/Meyer and C/Grothe cannot be present due to a conflict of schedules. i INFORMATION CDD/DeStefano reported that the General Plan i April 26, 1993 Page 20 ITEMS: process for revision has begun with two community workshops held, each having 25 people in attendance representing various interests within the community. He also reported that the issue of reorganization will be on the May 10, 1993 meeting agenda. ADJOURNMENT: Motion was made by VC/Meyer, seconded by C/Grothe and CARRIED UNANIMOUSLY to adjourn the meeting at 11:45 p.m. to April 29, 1993 at 7:00 p.m. Re ective James DeStefano Secretary Attest: Bruce Flamenbaum Chairman _rx ,[^ Pff77.u. .e ,52PaU „f a ai1&Tll�miw x...,ly a, �xa6` CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION APRIL 26, 1993 CALL TO ORDER: Chairman Flamenbaum called the meeting to order at 6:11 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: Plunk, Vice Chairman Meyer, and Chairman Flamenbaum. Commissioner Li arrived at 6:19 p.m. and Commissioner Grothe arrived at 6:57 p.m. Also present were Community Development Director James DeStefano, Planning Technician Ann Lungu, Deputy City Attorney Craig Fox, Interim - city Engineer George Wentz, and Contract Recording Secretary Liz Myers. CONSENT CALENDAR: Chair/Flamenbaum indicated that staff has recommended that item 2 be pulled from the Consent Minutes of Calendar. Chair/Flamenbaum requested item 3 to be Apr. 12, 1993 pulled from the Consent Calendar as well. C/Plunk requested the Minutes of April 12, 1993 be amended on page 5 to indicate that "The Foothill Presbyterian Hospital had possibly 60 landings recorded in one year, but that the information will be checked." Motion was made by Chair/ Flamenbaum, seconded by VC/Meyer and CARRIED UNANIMOUSLY to approve the Minutes of April 12, 1993, as amended. Resolution of ICE/Wentz stated that the words "grading permits" Approval for on page 6,- condition item #14, should be changed to CUP 93-2 state "building permits." The remainder of the conditions are satisfactory as written. C/Plunk suggested that condition #16 be amended to indicate 11 ... the said property owner is required by the City to provide such acces 's", and condition #19 should be amended to indicate "for Sunday services or large special events" to replace the statement "between the hours of 600 to 1400 hours". Motion was made by VC/Meyer, seconded by Chair/ Flamenbaum and CARRIED UNANIMOUSLY to approve the Resolution of Approval for CUP 93-2, as amended. Finding ICE/Wentz reported that Transamerica Realty Conformity of Services has offered to quitclaim it's interest in draft General a strip of land located along the south side of Plan for Prospectors Road and Lots 3,4,5,9, and 10 of Tract acquisition No. 26203 west of Golden Springs Drive. The April 26, 1993 Page 2 of property property in question may potentially benefit the City in maintaining an easement for public improvement purposes along with the previously established utility easements and the future widening or intersection improvement. This item was brought before the City for preliminary discussion about 18 months ago, in which there was discussion that the City might reconvey the property to the adjacent property owners at a later date based partly upon some possible encroachments within that easement. It was believed that it was worthwhile to obtain that property to eliminate any sliver of property between the City's existing right-of-way and another ownership. At this point, the only cost to the City would be any back taxes that exists from nonpayment, which is estimated to be about $1,700 dollars. Chair/ F lamenbaum pointed out that the City might be able to obtain the property for less money if ownership reverts back to the County. ICE/Wentz stated that it is felt that $1,700 dollars is not a significant expense for having the land available to the City for any future widening to that particular street, or other improvements done in the right-of-way. The Public Hearing was declared opened. Max Maxwell, residing at 3211 Bent Twig, suggested that, since there is not currently a traffic problem in that area, the City should set the matter aside until a proposal for obtaining the property at a lesser price is received. He then pointed out that this subject area would make a good back entrance to a commercial center, which at one time, the City had considered making the Golf Course into a commercial center. Hearing no further testimony, Chair/Flamenbaum declared the Public Hearing closed. VC/Meyer noted that the right-of-way is substandard. He recommended moving forward with the acquisition of the public right-of-way because it may be used in the f uture. He then suggested that page 2, paragraph 4.b., be amended to properly indicate that the property is located on the south side of Prospectors Road west of Golden Springs. Motion was made by VC/Meyer, seconded by C/Plunk and CARRIED UNANIMOUSLY to recommend to the City Council the approval of the acquisition of the real April 26, 1993 PA46 3 property along the south side of Prospectors Road west of Golden Springs y Strozier, Project manager, reported that this PUBLIC HEARINGS: is a continued public hearing regarding the AYES: COMMISSIONERS: Li, Plunk, VC/Meyer, and Chair/Flamenbaum. NOES: COMMISSIONERS: None. ABSTAIN: COMMISSIONERS: None. ABSENT: lowing items: South Pointe Master Plan CONTINUED eneral Plan nvironmental Impact Report No. 92081040; General mendment 92-2; Ian Amendment; 3 Development Agreements; Vesting A 92-1, 2, and 3; entative Tract 32400 Arciero ; tentative Tract lesting TT Map 1253 (Patel); Vesting Tentative Tract 41407 RnP ; 1407, CUP 92-8 & Hillside Management ordinance Conditional Use T 92-8; ZC 91-2 & ermits; 3 oak Tree Removal Permits. The proposed T 91-2; TT Mapro'ect is located in the southwestern area of the 1253 & CUP 92.-12; ity, encompassing an area of approximately 171 1 OT 92-9; SP Master icres. The project site is'com rised of a number Ian; & EIR 92-1 f existing parcels and ownership interests', jenerally described as being situated westerly of he Orange Freeway and Brea Canyon Road, easter) f the corporate boundaries of the City, and iortherly of Pathfinder Road and the existing esidential area. The four applicants are RnP Development, Inc., Arciero and Sons, Inc., Sasak or oration and the City of Diamond Bar. The taff report includes a'series of procedures ecommended by staff, as well as responses, or the ocation of those responses, to Planning Commission questions raised at previous meetings. There is Iso a response to questions submitted by VC/Meyer nd by C/Plunk. Furthermore, a cougar biological ptudy has also been included which responds to a oncern regarding cougars in the project area. Hardy Strozier then presented the conclusion to the slide presentation given at a previous meeting. The first few slides illustrated an overview of the project area, for the benefit of those who were not present during the first slide presentation, which attempted to bring forth the data from the EIR, in summary photo form. The remaining slides shown Tr, focused upon cross section, "All through 11G11, attempting to get inside -the project and describe what is occurring with the grading plan and land use plan. The following is a summarization of that slide presentation: April 26, 1993 Page 4 Cross Section "All - Illustrates the 57 freeway along Brea Canyon Road area. 0 There is a 1551 foot setback from the edge of Brea Canyon Road to the back of the f irst building, and an elevation difference of approximately 50 feet from Brea canyon Road to the slope of the f irst home, -which illustrates why there is very little noise impact with the proposed project. The maximum depth of cut is 971 feet. 0 The location of the existing Sandstone Canyon stream is illustrated. The depth of fill is 821 feet. 0 The South Pointe Middles School is illustrated. There is an elevation change of 401 feet between the finished pad of South Pointe Middle School to' the Arciero finished pad. The Master Plan provides for pedestrian access from the Arciero Tract to the school site. The depth of cut on the school pad -is 421 feet. Cross Section "B" - Illustrates a little bit northerly of cross section "A". 0 There is still the 1201 foot setback from Brea Canyon Road, however, the proposed Arciero Tract at this location is 751 feet higher than existing Brea Canyon Road, and the 57 freeway is around - 51 feet higher than Brea Canyon Road. The depth of cut is 65" feet, and the depth of fill is 701 feet. It also illustrated the location of the existing stream at Sandstone Canyon. 0 There is about a 401 foot -elevation difference between the Arciero finish pad and the finish pad of the school. The depth of cut is 701 feet at the school building pad. Cross Section "C" - Illustrates the north to south direction, cutting through the Arciero Tract. There is a 751 foot tall hill between the existing residential units, or Garazon Place, and the proposed Arciero tract. The depth of cut at this location is 601 feet. The design allows a portion of the hill to remain as a set back buffer between the existing residential, Garazon Place, and the proposed tract. The transition between the proposed residential and the office/commercial is illustrated. The depth of fill at the point 0 Brea Canyon Road, at this location, is at rade with the pro osed commercial property. It is also about 51 or 61 feet higher than,the 'April 26, 1993 'Pa4b 5 7 freeway, still having ample visibility from he freewaV on to the commercial propertV. of the commercial area is 401 feet. There is a 1201 foot setback proposed between the commercial structures and the residential structures. 0 The continuation of the residential pad moving into the proposed South Pointe park area, is illustratEid, showing the location of street "A". Street "A", at this location, is at grade with the commercial area. The slope falls off from street "All down towards one of the Homeowners Association's ownership parcels. 0 There is a 551 foot set back between street "All and the property line of the Homeowners Association open space parcel. Cross Section"D11 - Illustrates beginning from the 57 freeway moving westerly, cutting through the commercial area, then through the RnP, and then the Patel property. The depth of cut at this location is 1111 eet, which is approximately in the middle of he commercial area. The depth of f ill at the existing stream is 61 feet. Half of the commercial area is in he canyon, and half is in the cut area where he hill exists. Preserving some of the slide to es and some of the canyon area would liminate approximatel 1/2 of the proposed 30 cre commercial area. he park site, moving across the commercial area, is illustrated, locating street "All on he southerly portion of the park, as 3uggested by stat f . The park site and the ommercial site are pretty much at grade evel, making them assessable to one another. Depth of cut in this area is 601 feet. There s a 3201 foot o ens ace separation between he edge of street "All and the f irst home on he RnP tract. It illustrates how half off he park is flat and usable, and how half the Dark is usable but in a passive open sace nvironment. The first home of the RnP tract s separated, from a noise standpoint, from he active park site. Moving westerly from the RnP tract into the Patel tract, illustrating the location of Morning Sun, there is a 201 foot cut on the April 26, 1993 Page 6 1 Patel portion. The Patel tract has a blue line stream, and around 50 Oak Trees associated with it. Cross Section "Ell - Illustrates north to south through the Homeowners Association ownership, which is located on the west side of the property cutting through the Peaceful Hills property. 0 There is approximately an 801 foot setback between the existing homes and the proposed homes, which generally relates to the setback characteristics of the RnP and the Patel tracts at that location. The typical existing grade in depth of fill in this area is about 461 feet. 0 The existing residential Peaceful Hills tract is located at an elevation of 9801 feet. There is an approximate 1651 foot grade differential between the home that overlooks the HOA open space area and the first home of the RnP tract. There is an 1111 foot setback difference between the property line of the Peaceful Hills nearest home and the property line of the nearest home proposed at the RnP tract at this location. Cross Section 'IF" - Illustrates from the Peaceful Hills subdivision crossing north, northwest to a point near Morning Sun Drive in the Patel tract. 0 The existing residential Peaceful Hills is atan elevation of 9301 feet. 0 The proposed grade at RnP is 8101 feet, and there is an 180 foot grade differential. 0 There is no view line obstruction between the existing residential and the proposed residential. There is a 901 foot property line setback between the RnP property and the Homeowners Association property. There is a foot setback between the first home at 165 Peaceful Hills and the first home at RnP. Cross Section IIGII - Illustrates from Peaceful Hills north, northeast through the Arciero tract and through the commercial site. 0 There is a 3201 foot setback between the first existing residential home on Glenthorpe Drive, and a 1001 foot elevation difference between the first home at Glenthorpe Drive and the first home at the Arciero tract, whereas the Arciero tract would be at a higher elevation. April 26, 1993 Page 7 The depth of cut at this location is 1031 feet. 0 The beginning of the commercial property is from Glenthrope Drive to the edge of the residential property. The depth off ill of the commercial site is 731 feet. 0 The parks site in relationship of the commercial site is illustrated, with street "All located on the southside. It is a flat pad. The depth of f ill at the park site is 691 feet. There is a 1001 foot elevation higher to the existing homes at Peaceful Hills to the park site. The setback is over 1001 feet. Hardy Strozier concluded the slide presentation, which also concluded staff's presentation of the various elements of the Master Plan, and the technical elements of the proposed grading concepts. It is staff's recommendation that the Planning Commission invite the three developers to present their respective projects within the proposed South Pointe Master Plan area. Sasak and RnP have prepared alternative,tentative tract maps for the Commission's review, which were included in the March 22, 1993 staff report. chair/ Flamenbaum recessed the meeting at 7:05 pm. The meeting was reconvened at 7:20 p.m. Chair/Flamenbaum, referring to the South Pointe Master Plan booklet attachment "B" of the Jan. 25, 1993 meeting, requested more information regarding the transfer of land. Hardy Strozier stated that the City owns about 8 acres of residual slope easement property located along Brea Canyon Road, 2.5 acres of existing Larkstone Park, and 5 acres of the former Water District property, totaling about 15 acres to be dedicated to the developers. The developer is proposing to dedicate a 28 acre park site, and another 10 to 15 acres of commercial property, totaling 38 to 43 acres that will be dedicated to the City. The City will end up with a net 15 to 20 acres more useable property with this Master Plan in it's various transactions. The City also gets land back from the School District, in which the City will transfer that land to RnP, who in turn will transfer commercial acreage and park acreage to the City. Jan Dabney, 671 Brea Canyon Road, consultant for RnP and Arciero on the Master Plan! explained that April 26, 1993 Page 8 he was hired by RnP, January -of 1991, to meet with the City on the development of their 78 acres. They met with the City, and individually with the Council members, to propose an empty pallet for the Council to outline the desires of the community on RnPls ownership., The following concerns were addressed by the Council: environmental issues surrounding the canyon; the School District's capabilities to proceed with the construction of a Middle School; the proposed Arciero tract; and concerns on what would occur with this 171 acres undeveloped, and it's impacts on the surrounding community. After viewing the project for 6 or 7 months, it was recommended by the then City Manager that a Master Plan or a Specific Plan be developed, allowing for the best utilization of the entire property. The Master Plan was predicated by a market analysis which addressed many of the concerns raised by the public such as the devaluing of the adjacent properties, the general development of the residential aspect and enclaves, the sizing of the lots/ and vacancies. The first consideration of the overall aspects of the Master Plan was the cost of the land, and the economics of the marketing of the properties. The planning aspects of the location of the commercial, the park, street "A", the aesthetics of the project, and all the accesses have been serious studied. If a street is to be realigned, one must consider the dramatic impact it would have on the entire project. Another major consideration of the Master Plan was a density analysis. It has always been the intent to have this Master Plan be the least dense development, as far as actual lots per acre, in the entire area, and to create a recreational area that the children could enjoy. He then reviewed the following densities of the existing developments: Tract 27141 has a gross area of 75 acres, with 228 single family detached residential units, and a gross density of 3.04 DU/acre; Area 1, homes surrounding morning Sun, has a gross area of 7.7 acres, with 24 single family detached units, a gross density of 3.12 DU/acre, and an average lot size was 10,800 square feet, the biggest lot being 15,390 square feet, and the minimum lot being 8,260 square feet; and Area 2 has a gross area of 32.5 acres, with 117 units, a gross density of 3.6 DU/acre, with an average lot size of 9,450 square feet; Area 3, surrounding South Pointe Middle School, consists of 109 acres, with 290 units, for a gross density of 2.65 unit, and an average lot size of 12,760 square feet, with a minimum lot of 7,100 square feet (There was not any dedication of park or open space in the development of these —4_ 71 Ti P-4 specific project); Area 4, the Pathfinder Homeowners Association, has a gross area of 89.93 acres, with 173 single family detached residential units, which includes 36.9 acres of dedicated open space, and an improved 1. 65 acres developed park within the community, with a gross density of 1.92 DU/acre, and an average lot size net development of 10,400 square feet, with a minimum lot size of about 6, 6 0 0 square f eet. The Pathf inder Homeowners Association was a density transfer from the two open spaces set aside to allow the cluster development under County zoning. VC/Meyer inquired of the difference between gross density and net net density. Jan Dabney explained that the net net number is derived from the actual lot, excluding the street, parks, dedicated open space, and calculates the intensity of the development and not density. There are three density configurations: gross density which includes the street; net density which includes all the park and open space, but excludes the street; and the net net density that excludes everything but the true lot. CDD/DeStefano confirmed that the density provisions in the City's Zoning Ordinance are based upon gross density. Jan Dabney then reviewed the following densities of the proposed developments: Area 5, the RnP development, has a gross area of 61.6 acres, with 90 single family detached residential units, which includes the dedication of 2.5 acres of open space and 28.05 acres of park, and has a gross density of 1.46 units per acre, with an average lot size of almost 12,000 square feet, a,maximum lot size of 18,700 square feet, and a minimum lot size of 9,000 square feet; Area 6, the Arciero development, has a gross area of about 41 acres, with 91 single family detached residential units, which includes 14.1 acres of dedicated open space, and a gross density of 2.23 units per acre, with an average lot size of 9,200 square feet, a maximum lot size of 17,200, and a minimum lot size of 7,200 square feet; the combined area of Arciero and RnP is 102 acres with 181 single family units, with a gross density of 1.77 units per acre over the Master Plan; the Patel property, depending on the final proposal, goes from 1.77 to 1.85 average density across the Master Plan. April 26, 1993 Page 10 Jan Dabney stated then that all concerns have been considered and evaluated. An analysis, completed about two years ago to determine the feasibility of leaving a portion of the canyon open, concluded that doing so would not really be a benefit to the City because it would still require the removal'of the top of the hill, the removal of the vegetation, and the buttressing of the existing slides. This Master Plan, as presented, was developed to blend the various aspects desired by the City. The park cont iguration was laid — out to , break up the commercial from the School District, and the commercial from the residential development, and to provide an excellent buffer between the existing development on top of Peaceful Hills and the commercial. The location of street "All serves to provide for some protection in case there is a condition of slippage. Those opposing the project seem to be 1 part politician, 1 part environmentalist, and 5 parts "not in my back yard". , Those on morning sun have indicated that they are opposed to the development because they have a substandard street. However, in reality, Morning Sun is not a substandard street, and though there is no sidewalk built in the right-of-way, they do enjoy the use of 12 feet of the County's property instead. If this project was not to be approved because of the sidewalk, which is about an $18,000 cost, the owners of the property would probably be willing to resolve this single issue. VC/Meyer inquired if the developers met with the Pathfinder Homeowners Association to explore the possibilities of improving their existing open space property for additional passive recreational, and exploring possibilities of allowing public access to the area. Jan Dabney stated that, in his opinion, the concern that the Pathfinder Homeowners Association had, regarding the enhancement of their property and the passive area around there, was that they preferred not to give up anything in.their fight to stop the project. If in fact the project does develop, they would probably then give some consideration to those mitigations. VC/Meyer inquired if it would be provide public access to possible to the Association's open space for passive use. He also Homeowners inquired if part of landslide is within the Pathfinders recreational the Association's open space area. ancient Homeowners April 26, 1993 Page 11 Jan Dabney stated that the open space area does lend itself nicely to passive recreational aspects. The ancient landslide appears to stem from Mr. Schad's house down to the park. VC/Meyer requested a preliminary engineering feasibility study of moving road "All northerly against the Arciero project. Jan Dabney stated that locating the road on the northerly side,` adjacent to the Arciero tract, saves some of the Oak trees, but it does not yield as much of the canyon as anticipated because a 2:1 slope would not be allowed within the City due to the hillside considerations to that specific grading avenue. If there was no improvement to the canyon whatsoever, the true location for Street "All would be on the southern end of the property because it has the least intrusive impact on the canyon coming from that direction. He then pointed out that the private property owners involved in this Master Plan have a development potential of 452 dwelling units, but only approximately 200 units are being proposed. Furthermore, almost 50% of the entire RnP and Arciero ownership, within the residential development, is being transferred to either passive or recreational park facility or open space. Jan Dabney, in response to VC/Meyer's inquiry regarding the closures of Rapid View and Larkstone, stated that, strictly from an engineering point of view'with no consideration to City policy, every street should be connected to lessen the impact on every specific neighborhood. It is not desired having just emergency access to Morning Sun because of the associated fire hazards, even though the minimum fire department standards are met by having emergency access only to Morning Sun. Upon the request of C/Grothe, Jan Dabney showed the slide illustrating the location of the development as compared to the location of the existing canyon. About 1.4 million yards of dirt will have to be cut to create that commercial strip center, regardless if any of the dirt is put in the canyon. The tree count does go down on the easterly side of the specific canyon, but the tree size appears to be more significant,. C/Grothe suggested that, as an alternative to what has been proposed, a portion of the dirt be put on the east side of the canyon to gain back a fair amount of the commercial pad, and then placing the April 26, 1993 Page 12 rest of the dirt on the center of the development creating a hill in the middle, with Brea Canyon and the school on either side. This mimics the general topography of the city, which are hillsides, and mitigates the problems associated with lights, and sounds from the freeway. Though this configuration would eliminate a lot of the -park, it also reduces grading and cutting down into the canyon. The road would be designed at the base, wrapping around with some access roads into the housing development, and no homes would front that road. I Jan Dabney pointed out that most of the Councilmembers urged them to consider a strong, large, active recreational community. Having a smaller commercial development, and leaving a portion of the canyon, was considered, however, if the commercial development becomes too narrow along Brea Canyon Road then ' terrible marketing constraints develop. one of the considerations -of this project is the huge traffic generator immediately before us. The traffic count on the 57 freeway is dramatic to this project. C/Grothe stated that the developers have a responsibility to build a project that resembles the rest of Diamond Bar. Most of the -development in Diamond Bar does not have such gigantic flat pads and development, but rather terraces up and down hills. Jan Dabney pointed out that the mountain, for the development in the Pathfinder Homeowners Association, was completely cut off flat, and the entire cut,was put in the original Sandstone Canyon headwaters. We are very sensitive to this specific neighborhood, more so, historically, than people have been in the past. C/Grothe stated that he has been requesting potentials and possibilities for the last 6 months demonstrating why the shopping center would or would not work. It is important to remember that what is hot in retail building and construction today may change in two to three years. it is short sighted to do planning based upon sales tax revenues. There is a need to review the options to determine if the project presented is the best project to be proposed. Jan Dabney pointed out that the one thing not changing is the City's declining revenue versus service costs. He explained that -many of the things being suggested through mitigation have April 26, 1993 P—i4e 13 already added over $5,000 per lot for the planning function, and $7,500 per lot for tree mitigation for Mr. Arciero's project. If the wheel is reinvented at this point, from a conceptual point of view, it would add a substantial amount of money to the cost of the development. After 2,000 man hours on this project, the plan presented today is very sensitive to the community needs. C/Plunk requested Mr. Dabney to compare this project to the approximate 200 unit project turned down by LA County a f ew years back. She then suggested that there be consideration made to assure that the commercial center is not a size that would only hold dry cleaners and pizza parlors. Chair/Flamenbaum inquired if there has been a survey conducted on the San Diego horned lizard, as referred to in the EIR. Hardy Strozier stated that the survey has been conducted which indicated that the horned lizard is not on the site. The written results of the survey will be given to the Commission when it is received. Furthermore, the Pacific Southwest Biological Services, Inc. have contended that there are no cougars present in the canyon. Chair/Flamenbaum recessed the meeting at 9:08 p.m. The meeting was reconvened at 9:20 p.m. Frank Arciero Jr., of Arciero & Sons, 950 N. Tustin, Anaheim, made the following comments: they have researched and studied various different designs to the project to try and mitigate the potential problems; the site is unique in that one is confined in certain areas; staff has been available to answer any of the Commission's questions up to this point; the project presented, and denied, before the LA County Planning commission was for a 120 unit seniors development; when the School District expressed an interest in buying part of the property, they returned to the County's Commission with an R-1 development, but because the City, at that time, was ready to incorporate, the project was put aside, and he decided to wait until after incorporation to present a project; the City called him a year later to discuss master planning the entire area; 3 1/2 years later, we are still trying to discuss the master plan; and an EIR was circulated and approved allowing him to move the dirt, and he has the funding and the mechanism. to move the dirt today; April 26, 1993 Page 14 and he has not moved the dirt because he has wanted to be in good standing with the -City. In response to VC/Meyerl,s inquiry regarding the history of the Rapid View access to his site, Mr. Arciero Jr. explained that originally there was access to Larkstone Drive and Rapid View,—but there was a lot of opposition and concern that the development would create a lot of traffic going through Rapid View. During the course of mediation, the School came forward and suggested the configuration proposed today, with the primary access being on Brea Canyon Road to include an emergency access. The design for South Pointe Middle School has been completed and approved by the State architect. Though access to the school from the project has been cut off, a pedestrian access will -be created through a walkway so that the children can take access to the school via a path. Hardy Strozier confirmed that the Arciero development will generate 30 trips a day, which is not a significant number of new trips for a local collector. VC/Meyer inquired if Arciero's project could be redesigned to provide access to Rapid View. Frank Arciero Jr. stated that the redesign may be feasible but research would be needed to determine to what extent, taking into consideration the School constraints. In response to Chair/Flamenbaum, he stated that there is no present impediment for them to move that dirt at this point, with the exception of obtaining a Fish and Game Permit, which is not a problem. The dirt has not been -moved at this time because he would pref er to work with the City. He then corrected that the amount of dirt generated by this plan is no more than 4.5 million cubic yards of dirt, as opposed to the 9 million that was mentioned. In response to C/Grothe, Frank Arciero Jr. stated that though he does not yet have the grading permit to dirt, he could work something out with the move the school district to do the grading, if needed. James Budke, President of Budke Design, 5 Wrigley, Irvine, representing Mr. Patel, made the following comments regarding the proposed project: there are 6.7 acres with an average slope of 12% to 15%; there is a 1361 feet of elevation change from the lowest point to the highest point; there is a portion of blue line stream, of about 300 feet, on site; there are 53 coast live oaks to be removed; there are 23 lots proposed; there will be 145,800 April 26, 1993 Page 15 cubic yards of cut; the on site fill is 8,790 cubic yards with an -export of about 58,000 cubic yards; the deepest cut occurs on lot #16 of 41 feet; the highest fill on the site is on lot #14 for approximately 50 feet; the minimum lot size is 8, OGO square feet; the minimum pad size proposed is 6,000 square feet; the largest lot is 16,700 square feet; the average lot is 10,200 square feet; and the density is 3.43, which is comparable to the surrounding neighborhood. He then presented several alternatives to the site, as indicated in the staff report, that have been laid out responding to comments made by the Commission, staff, and members of the audience. He then presented a slide presentation illustrating a brief overview of the alternatives for Mr. Patel's site, as presented in the staff report. Concept #4 is the preferred proposed alternative. Chair/ Flamenbaum, noting that Concept #4 completely disenfranchises those residents that live in that area from the City, in terms of any physical connection, stated that, in his opinion, it is an error not to directly link those people with the city. James Budke explained that the decision not to provide for a direct link came from his client, who is responding to a lot of comments addressed to him by many of the residents on Morning Sun. In response to Chair/Flamenbaum, he stated that the gross density is 3.43, and the draft General Plan calls for a zoning of RPD 10,000-6U. Chair/Flamenbaum pointed out that the draft General Plan currently indicates that 3DU/acre is allowed in that zone. C/Grothe thanked the applicant for.his efforts in drawing a number of alternatives, illustrating what a number of the suggestions made would look like. C/Li inquired if Mr. Patel has definitely decided to be part of the Master Plan process. He also inquired what is meant by a blue line stream. James Budke indicated that Mr. Patel is definitely part of this Master Plan. In regards to the blue line stream, he explained that the term blue line comes from it's actual, physical depiction on a USGS topography map. At one point in time, this stream was a much longer, and larger stream. The water found in the stream now generally is runoff from the south slope landscaping and lawn April 26, 1993 page 16 1 1 irrigation. once it is designated as a blue line stream, then it is always a blue line stream regardless of the size. Hardy Strozier explained that the federal agencies use the USGS quad as a first indicator of a navigatable water way of the United States, and Section 404 of the Federal Clean Water Attl requires a dredge and fill permit within the navigatable water way. Following this, a stream bed alteration permit is also required from the California Park Fish and Game. C/Li stated that, if this project is to be approved by the City Council, he would prefer that cop and gutter not be - used in any of the storm drain services. In response to VC/Meyer, James Budke confirmed that all existing oak trees, which are mostly clustered, will be removed and replaced according to the City's 2:1 ratio policy. He also indicated that at this time, no consideration has been made to designing an architectural feature with the trees on a valley rather than on a slope. It is Mr. Patel's intent to pay in lieu fees rather than providingany recreational space. VC/Meyer, referring to Concept #4, inquired if consideration has been given to the problem that all municipal service delivery is to be made out of the City. Hardy Strozier stated that staff has considered this and has recommended,that the access be through to Morning Sun, and that there be a maximum of 21 dwelling units. VC/Meyer expressed his concern that the residents on the cul-de-sac will experience a major change in it's existing lifestyle when the street at the indicated location is introduced. He suggested that a full range of design options be considered, including clustering, to try to save some of the open space, and that there be consideration to a common recreational area. James Budke pointed out that Concept #4 does not have a through street to that cul-de-sac. We have tried to be as sensitive as possible to the residents on Morning Sun in that regard. There is flexibility on the site, and there was an attempt to consider a variety of options-, and constraints. ri-w April 26, 1993 Page 17 Chair/ Flamenbaum recessed the meeting at 10:40 p.m. The meeting was reconvened at 10:50 p.m. Chair/Flamenbaum suggested that the Commission focus on the concept of the draft General Plan. He reminded the audience that the Commission does plan to meet again Thursday, April 29, 1993 to allow additional time for public comments. VC/Meyer suggested that, since the commission, in essence, has made closure on the environmental document, the public may prefer to focus on the land use issues of the canyon rather than the environmental issues. Chair/Flamenbaum declared the Public Hearing opened. Sherry Roberts, residing at 2660 Broken Feather responding to some of the comments -made by C/Grothe, pointed out that "trashing" the canyon is a matter of opinion, and in her opinion, building a beautiful school, adding beautiful homes equivalent to the existing homes, and adding a park, is not "trashing" the canyon. She then presented a video, produced by students -from South Pointe Middle School, depicting the conditions existing at the school today, which include overcrowded portable classrooms, dangerous traffic conditions in the morning and the afternoon, overcrowded lunch time conditions, and problems occurring when it rains. She stressed the urgency of building a school immediately. The developers have a right to develop on property owned by them. Vinod Kashyap, residing at 21452 Chirping Sparrow Road, made the following comments: the schools in Kenya, Africa are in better condition than South Pointe Middle School; the developers should not be required to redo the entire process for the benefit of one Commissioner; he too pays taxes therefore his voice should carry as much weight as the Pathfinder Homeowner's Association; he moved to Diamond Bar because he wanted his children to get a good education in a good environment; and the children should take precedent over the interests of a few selfish people. An York Lee, residing at 20724 Gernside Drive, submitted a letter for the record indicating his support for the construction of the school. The school project should be separated from the rest of the proposed project so that it's construction is no longer delayed. April 26, 1993 Page 18 Max Maxwell concurred thata,school is -needed, and suggested that the school project be separated from the rest of the proposals. Concerned that there is no General Plan 1 he requested a letter confirming why the EIR has been separated from the rest of the project, if the Planning commission did actually recommend it's approval to the City Council, and if it is possible for the Planning Commission to approve the entire project without it ever going before the City Council. George Barrett, a resident, concurring that a school should be built, stated that, in hisopinion, the school is being held hostage to get the rest of the project approved. He pointed out that other citizens oppose the -project, not just the Pathfinder Homeowners Association, and that other schools in Diamond Bar suffer from similar conditions as those present at the South Pointe Middle School. This project will only bring on additional traffic, compounding horrendous traffic conditions already present. Dr. Gorman made the following comments: it may be illegal to finalize an EIR without an approved General Plan; he is planning on conferring with the LA County Planning Commission to determine if Oak trees 811 in diameter with a girth of about 2511, and if heritage trees of 2011 in diameter, can be removed; the biology and the geology portion of the draft EIR is faulty; he saw 8 or 9 cougar tracks, a few weeks ago, in Sandstone Canyon; the canyon is a transit corridor for cougars between Tonner Canyon and to the west; and, in his opinion, the project is being forced through. Barbara Beach Cushane, residing at 2021 Peaceful Hills Road, made the following comments: the EIRconcludes that the noise impacts could not be mitigated beyond a significant level, which is contrary to Mr. Strozier's comment that the project will not create a noise problem; the proposed homes will interfere with the existing view; this project dramatically and negatively affects the quality of life of the homeowners; there are other scientists, just as accountable as the developer's scientists, that disagree vehemently with the conclusions brought f orth; it is quite true that she does not want the project in her backyard.; originally, this land was zoned open space, or a possible park, as is indicated in the tract map; it was the City, after incorporation, that rezoned that land and allowed this project to be considered tonight; the Pathfinder's Homeowners were told that the land 7—: F—FFU April 26, 1993 Page 19 would not be developed; she thanked C/Grothe f or his comments made, and indicated that they too are waiting for answers to questions asked last November of 1992; and she pointed out that school quality has nothing to do with brick and mortar. CDD/DeStefano, upon the request of C/Plunk, explain -ed that there has been no zone changes in that area since the City incorporated, and that the zoning for that area is exactly as it was upon incorporation in April of 1989. The only thing changed was the adoption of the Land Use classification, with the approval of the General Plan in July of 1992, which of course has since been rescinded. Bill Tinsmen, a resident, expressed his concern that decisions are being made without a General Plan. He inquired if upon the approval of this development, and if the commercial center at Pathfinder and Brea Canyon is no longer vacant, and the business condition at the Albertson center suddenly improves, would the traffic conditions be such that the existing residents in Area "All would be able to egress from their tract without needing another signal. He concurred that the condition of the school is horrendous but that the issue should be brought before the School District. The school issue should be separated for this development. . Don Schad, residing at 1824 Shaded Wood Road, thanked the planners and the developers for the presentation made this evening. Hearing no further testimony, Chair/Flamenbaum declared the Public Hearing closed. Hardy Strozier, in response to a comment made by Mrs. Cushane, explained that the EIR indicates that the noise, from any point of the project, can be mitigated to levels that are adequate according to the City's noise guidelines. C/Plunk requested staff to respond, at the next meeting, if the South Pointe Middle School dirt can moved as indicated by Mr. Arciero Jr.. Following discussion, the Planning Commission concurred to continue the public hearing to April 29, 1993 at 7:00 p.m., understanding that VC/Meyer and C/Grothe cannot be present due to a conflict of schedules. INFORMATION CDD/DeStefano reported that the General Plan April 26, 1993 Page 20 ITEMS: process for revision has begun with two community workshops held, each having 25 people in attendance representing various interests within the community. He also reported that the issue of reorganization will be on the May 10, 1993 meeting agenda. ADJOURNMENT: Motion was made by VC/Meyer, seconded by C/Grothe and CARRIED UNANIMOUSLY to adjourn the meeting at 11:45 p.m. to April 29, 1993 at 7:00 p.m. Re ective James DeStefano Secretary Attest: Bruce Flamenbaum Chairman r-„ r 7, ........ .