HomeMy WebLinkAbout5/24/1993CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
MAY 24, 1993
CALL TO ORDER:
Vice Chairman Meyer called the meeting to order at
7:09 p.m. at the South Coast Air Quality Management
District Auditorium, 21865 E. Copley Drive, Diamond
Bar, California.
PLEDGE OF
The audfence was led in the Pledge of Allegiance by
ALLEGIANCE:
Vice Chairman Meyer.
ROLL CALL:-
Commissioners: Grothe, Li, Plunk, and Vice
Chairman Meyer. Chairman Flamenbaum arrived at
8:25 p.m..
Also present were Community Development Director
James De5tefano, Associate Planner Rob Searcy,
Planning Technician Ann Lungu, Deputy City Attorney
Craig Fox, Interim City Engineer George Wentz, and
Contract Recording Secretary Liz Myers.
VC/Meyer reported that Chair/Flamenbaum will be
arriving late to the meeting.
MATTERS FROM
Ken Anderson, residing at 2628 Rising Star,
THE AUDIENCE:
expressed his concern that the charcoal canister,
used to remove the gasoline in the ground at the
old Chevron site, now currently developed with a
two story building owned by Dr. Cho, does not
function properly because it has never had
electrical power applied to the equipment.
According to the Water Management Quality District,
the electrical power is supposed to come from
Country Hills Towne Center's power vault next to
Dr. Cho's building. There were non detectable
levels of hydrocarbons the first two quarters of
the year, but recently the levels have increased to
1,200 due mostly from the increase in the water
table from the recent heavy rains. The
hydrocarbons could be captured if the charcoal
canister was turned on.
VC/Meyer requested that the City Engineer and the
Planning staff investigate Mr. Anderson's concern
and to provide a report.
In response to C/Li's inquiry, Mr. Anderson
explained that he is not an engineer, but he does
know it is a monitoring well that is subject to
remediation under the Environmental Protection
Agency.
Martha Bruske, residing at 600 S. Great Bend,
expressed her concern that a citizen is being
questioned regarding a concern that is the function
of the City Engineer.
CONSENT CALENDAR:
C/Plunk requested that the Minutes of April 26,
1993 be amended on page 13, 2nd paragraph to
May 24, 1993 Page 2
Minutes of indicate, "...the commercial center is not a size
Apr. 26, 29, 1993that would only hold dry cleaners and pizza
& May 10, 1993. parlors".
C/Grothe requested that the minutes be amended on
page 3 to indicate his absence during the vote.
Motion was made by C/Plunk, seconded by C/Grothe
and CARRIED to approve the Minutes of April 26,
1993 as amended.
AYES: COMMISSIONERS: Grothe, Plunk, Li, and
VC/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Chair/Flamenbaum.
C/Plunk requested that the Minutes of April 29,
1993 be amended on page 10 to indicate, "The
conditions at South Pointe School are substandard
and the traffic situation is worse than any other
school in Diamond Bar."
Motion was made by C/Plunk, seconded by C/Li and
CARRIED to approve the Minutes of April 29, 1993 as
amended.
AYES: COMMISSIONERS: Grothe, Plunk, Li, and
VC/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Chair/Flamenbaum.
C/Plunk requested that the Minutes of May 10, 1993
be amended on page 7 to indicate the proper
spelling of "Vinod".
Motion was made by C/Plunk, seconded by C/Grothe
and CARRIED to approve the Minutes of May 10, 1993
as amended.
AYES: COMMISSIONERS: Grothe, Plunk, Li, and
VC/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Chair/Flamenbaum.
CONTINUED CDD/De5tefano reported that Chair/Flamenbaum will
PUBLIC HEARINGS: not be in attendance for this portion of the
meeting due to a potential conflict of interest.
Variance 93-1,
CUP 93-3 & VC/Meyer declared the Public Hearing opened.
Oak Tree
Permit 93-1
d
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May 24, 1993 Page 3
PT/Lungu presented the staff report regarding the
request made by the applicants Jake Williams,
property owner at project site 22840 Ridgeline Road
(lot 156), Richard Miller, property owner at
project site 22820 Ridgeline Road (lot 157), Scott
Harris, property owner at project site 22909 Lazy
Trail Road (lot 153), and A.C. Kausal, property
owner at project site 1245 S. Mahogony Court (lot
154), to construct a series of retaining walls in
excess of six feet with a maximum height of 18 feet
on lots 153, 156, & 157. A CUP is required for the
purpose of grading on all four lots pursuant to the
Hillside Management Ordinance. An Oak Tree Permit
is required in order to remove oak trees on all 4
lots. A Variance is required for the construciton
of retaining walls in excess of 6 feet. The project
site, located in "The Country", is zoned R-1-40,000
with draft General Plan land use designation of RR.
The City adopted the County of Los Angeles Planning
and Zoning Code (Chapter 22.48, Section 160 D.)
which indicates that "Retaining walls, not to
exceed six feet in height, are permitted in all
yards". PT/Lungu then reviewed the analysis of the
proposed project as indicated in the staff report.
The applicants will be required to submit to the
City a schedule of the proposed activities with
their completion dates prior to the issuance of a
grading permit. It is staff's recommendation that
the Planning Commission approve Variance No. 93-1,
CUP No. 93-3, and Oak Tree Permit No. 93-1,
Findings of Fact, and conditions listed within the
attached resolution. PT/Lungu then made the
following corrections to the attached resolution:
amend the last sentence on page 6, condition (h),
to indicate, "The cost of the required bond shall
be paid by Mr. Jake Williams and shall remain in
effect until completion of the project to the
satisfaction of the City Engineer."; amend
condition (i) to indicate, "The applicant shall
provide a phasing schedule of activities with
completion dates prior to the issuance of a grading
permit. Should the work not be completed in
accordance with the said phase schedule, the City
must rescind the grading permit."; and amend the
word "should" to "shall" in condition (p).
Carl Kobbins, the Civil Engineer on the project for
the grading program, 9640 Center Ave., Rancho
Cucamonga, stated that the applicant does not take
_any issue with any of the conditions placed on the
project. However, he noted that the project has
been modified, without staff's review, to
completely eliminate the 18 foot retaining wall by
filling in the area referred to as "daylight",
---- - _.! -._..m,,..,
May -24, 1993 Page 4
which is' an area about 30 feet between the property',
line on lot 156 to the south side property line on
lot 157. He then submitted a letter from the
adjacent owner indicating that they have granted
Jake Williams slope and drainage easement rights in
order to make that fill.
PT/Lungu, in response to C/Plunk's inquiry,
explained that staff has not had the opportunity to
review the indicated change todetermine possible
environmental impacts.
ICE/Wentz stated that he does not see a problem,
from anengineering point of view, with the
modification indicated.
CDD/DeStefano suggested that staff could be
directed to investigate possible impacts resulting
from the modification. If oak trees which are
subject to the City's permit process are impacted,
staff would be responsible for providing mitigation
based upon the direction given by the Planning
Commission.
Carl Kobbins, in response to VC/Meyer's inquiry
regarding the code enforcement issue, explained
that there was some contention with the City about
the illegal fills below Mr. Williams home which
resulted from the rebuilding of the driveway done
under permit. However, that fill is to be removed,
replaced, and recompacted as part of this program.
The 48,000 cubic yards of dirt will be imported and
used as a controlled fill for a more contoured
appearance.
Jake Williams, property owner of lot 156, further
explained that originally, in 1989, there was a
Master Plan on his property alone. Upon review,
changes were requested to that overall Master Plan.
After many drawings and attempts, authorization was
given from contract City Engineer Ron Kranzer to
realign the existing driveway, which was originally
built not according to code. The City then issued
a stop work order and called the imported dirt
illegal fill. There has never been any blatant
stockpiling or illegal grading. All work completed
was inspected. In order to complete the project,
there would have to be encroachment onto the other
lots. Therefore all four lots were coordinated
into the project, making it more aesthetically.
appealing. The 48,000 cubic yards of dirt will and
has been moved within "The Country" Estates area
from other projects underway. He then indicated
May 24, 1993 Page 5
I his willingness to replace the trees at a 4:1
ratio.
ICE/Wentz confirmed that the driveway was approved,
and quite a bit of fill was placed below the
driveway, in the area now proposed to be filled,
that was uncertified and not according to City
code. With this approved plan, those materials
will be properly placed in a safe condition. An
attempt was made to try to put as much compliance
with the Hillside Management. Ordinance as possible,
recognizing that the site is very restricted. The
bench drains will be screened and gunited as much
as possible. The only portion of the plan, from an
engineering and soils point of view, that was not
reviewed and approved is the proposed elimination
of the wall.
CDD/DeStefano, in response to VC/Meyer, stated that
condition (d), on page 6 of the resolution prepared
by staff, indicates that the applicant is required
to submit a detailed landscape and irrigation plan.
Because it is part of the Hillside CUP, it requires
mitigation in accordance with the revegetation
techniques contained within the Hillside Management
Ordinance.
Hearing no further testimony, VC/Meyer declared the
Public Hearing closed.
CDD/DeStefano, in response to VC/Meyer, suggested
that the Planning Commission can either review the
specific drawings discussed this evening to
determine the impact of eliminating the 18 foot
retaining wall from an engineering standpoint and
an environmental standpoint, or direct staff to
investigate the possible impacts with direction
that, if there are oak trees within_ that area which
exceed the thresholds within the code and require
an extra oak tree permit, it be brought back before
the Commission for review.
C/Grothe expressed his concern with granting a
variance because lots in "The Country" were
designed to
build into nto the natural terrain and
every lot in that area, with similar topography,
would qualify for a variance. Furthermore, there
is no indication as to what percentage of the wall
is nonconforming. Perhaps "existing nonconforming"
would be a better term than a "variance" since some
of the walls are part of a retroactive project.
Referring to condition (d), he then stated that he
would prefer some assurance that the landscape plan
May 24, 1993
Page 6
is in accordance with the City's Hillside Grading
Ordinance.
C/Li indicated that he feels that the Commission
should direct staff to investigate and handle the
project appropriately.
C/Plunk suggested that condition (c) on page 5 be
amended to indicate that the applicant shall also
maintain the planters weed free.
ICE/Wentz, inresponse to VC/Meyer, stated that it
is staff's opinion that, t'here is a sufficient set
of conditions,to assure that compliance will take
place to complete the project.
VC/Meyer suggested that the condition in the Oak
Tree Permit be amended to indicate a tree
replacement ratio of 4:1' since the applicant has
expressed his willingness to do so.
PT/Lungu, in response to C/Grothe's concern if a
variance is appropriate, explained that the City
Engineer has assured the Planning staff that the
walls need to be at this height because of the
constraints of the site, unless the applicant is
able to encroach upon another property.
C/Grothe pointed out that the variance is only
needed to put in walls to construct the tennis
courts.
Motion was made by C/Grothe to approve CUP No. 93-3
and Oak Tree Permit No. 93-1 with the modifications
previously outlined by staff and the Planning
Commission, and to deny the variance, requiring
stepping the wall for the driveway and eliminating
any walls exceeding 6 feet in height for the tennis
court.
The Motion DIED for lack of a second.
C/Plunk pointed out that the tennis court will be
constructed down in the gully, which may add to the
stability of the area. She then inquired if there
is a condition in place addressing the easement
needed for drainage.
DCA/Fox stated that it is staff's recommendation
that a condition be added to indicate that the
applicant shall obtain a recorded easements
necessary to accommodate drainage, and any other
outside grading is designated by the City Engineer
in size and nature satisfactory to the City
May 24, 1993 Page 7
.,: Engineer prior to issuance of grading permit, and
with the provision that no additional oak trees,
requiring an oak Tree removal permit be a part of
this. approval.
CDD/DeStefano stated that the condition should also
indicate that the Community Development Department
should be involved in that review process, and that
no additional oak trees, requiring an oak tree
removal permit, be a part of this approval.
Motion was made by C/Plunk, seconded by C/Li and
CARRIED to approve Variance No. 93-1, CUP No. 93-3,
and Oak Tree Permit No. 93-1, Findings of Fact, and
conditions listed within the attached resolution as
amended by staff, to include a tree replacement
ratio of 4:1, and that the hillsides are to be
maintained in a weed free condition.
ROLL CALL:
AYES: COMMISSIONERS: Plunk, Li, and VC/Meyer.
-, NOES: COMMISSIONERS: Grothe.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Chair/Flamenbaum.
VC/Meyer recessed the meeting at 8:25 p.m.
Chair/Flamenbaum reconvened the meeting at 8:35
p.m..
Amendment to AP/Searcy presented the staff report regarding the
CUP No. 91-8 request made by the applicant Jung Ho and Yeon Ho
Kim, to extend the hours of operation for a
billiard establishment located in the Colima Plaza
at the intersection of Colima Road and Lemon
Avenue, from 11:00 a.m. to 12:00 midnight to 11:00
a.m. to 2:00 a.m. The application for the family
billiard hall was originally approved by the
Planning Commission on September 23, 1991. Since
then, the Planning Commission has approved a
Karoake Studio for this center and found that the
studio may operate until 2:00 a.m. Friday and
Saturday night with the provision of on-site
licensed and uniformed security. The combination
of these two land uses in a commercial center
designated as "Neighborhood Commercial"
- substantially increases the intensity of the
center. In staff's opinion, this intensification
is not in conformance with the concept of a
neighborhood commercial center. Review of the
application with the Sheriff Department revealed
that there had been at least three occasions where
the billiard hall continued to operate well past
May 24, 1993 Page 8
midnight. However, upon being admonished by the
patrolling deputy, the billiard hall immediately
complied with the 12"4.00 a.m, limitation. Staff
feels that the approval of the application in
conjunction with other approvals for late night
operation has the potential to over intensify the
center. It is staff's recommendation that the
Commission adopt a resolution to deny the
applicant's request.
Chair/Flamenbaum declared the Public Hearing
opened.
David Li, representing the applicant Yeon Kim, from
Rowland Heights, explained that the applicant would
like to extend the hours of operation for two hours
in order to compete with a similar business in
Rowland Heights. The majority of the customers
come in around 9:00 p.m. and would like to play
longer than the remaining 3 hours. Furthermore,
the billiard hall should be able to stay open until
2:00 a.m. as was permitted for the Karoake use. In
response to a series of commission inquiries, Mr.
Li stated the following: increasing the hours of
operation will increase business about 50%; the
petition.was not circulated among the residential
neighborhood; they do not pay sales tax; they are
willing to hire a security guard between the hours
of 12:00 and 2:00 a.m.; billiard customers are
different than the customers that go to karoake
studio; the business is family oriented and those
men who signed the petition represent the entire
family; and the reason they were open past' 12:00
a.m was because of the cleaning crew.
The Public Hearing was declared opened.
The following individuals spoke in favor of the
project: Don Schad, a resident; David Park,
residing in Hacienda Heights; Max Maxwell, a
resident; Julliana Ho; and Eric So, a resident.
They supported the project for the following
reasons: there have been no complaints from the
surrounding neighborhood; the karoake studio
remains open till 2:00 a.m.; it is hurting their
business to close at 12:00 a.m.; and bowling
facilities can remain open all night.
Martha Bruske, a resident, pointed out that the
area has a heavy graffiti problem. If the business
is supposed to close a 12:00 a.m., then they should
do so and not have to be admonished by the Sheriff
Department.
V,
May 24, 1993 Page 9
i
C/Plunk expressed her concern that extending the
hours of operation will create a significant
increase in traffic at an hour not conducive to a
residential neighborhood. If the establishment had
trouble closing at 12:00 a.m. then they will have
equal trouble closing at 2:00 a.m..
Chair/Flamenbaum suggested that the hours be
extended to 2:00 a.m. on Friday and Saturday with a
condition that there be a uniformed security guard
present.
VC/Meyer stated that since a CUP is a land use
entitlement, then the Planning Commission should
focus on the findings of fact of the land use
decision. If the business is not operating as a
good neighbor, then our Sheriff Department or code
enforcement ought to be able to address the
problem.
Motion was made by VC/Meyer and seconded by C/Li to
direct staff to prepare a Resolution of Approval
F, with the following amendments: hours of operation
from 11:00 a.m. to 2:00 a.m. Monday through Sunday;
modifying condition #5 to at least one employee
over the age of 21 would be on the premises at all
time; and condition #6 be modified to indicate that
a security person shall be uniformed, may be the
owner of the business, and be on the premise from
12:00 a.m. to 2:00 a.m. (consistent with the
karoake studio).
Chair/Flamenbaum suggested that the hours of
operation be made consistent with the Karoake
Studio extending the hours to 2:00 a.m. on Friday
and Saturday only.
VC/Meyer stated that the Sheriff Department will
handle any problems that may occur. Instead of
trying to control a business operation, we should
be trying to control a land use type of operation.
A billiard room close to a residential neighborhood
does not seem to be a problem since no one is
present to complain.
C/Grothe stated that since it is unknown what the
effects.will be by having both the Karaoke and the
rm� Billiard Hall open till 2:00 a.m., he would feel
more comfortable following the conditions set for
the karoake studio approval.
C/Plunk pointed out that the karaoke studio has
only been open for three weeks so the problems with
the establishment have not yet been determined.
May 24, 1993
Page 10
VC/Meyer stated that the CUP can be revoked if the
business gets out of hand.
The Planning Commission voted 'upon VC/Meyer's
motion, as seconded by C/Li to direct staff to
prepare a Resolution of Approval amending the hours
of operation from 11:00 a.m. to 2:00 a.m. Monday
through Sunday, modifying condition 15 that at
least one employee over the, age of 21 would be on
the premises at all time and that condition #6 be
modified to indicate that a security person shall
be uniformed and may be the owner of the business,
and to be on the premise from 12:00 a.m. to 2:00
a.m. (consistent with the karoake studio).
ROLL CALL:
AYES: COMMISSIONERS: Li, VC/Meyer, and
Chair/Flamenbaum.
NOES: COMMISSIONERS: Grothe, and Plunk.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
Chair/Flamenbaum recessed the meeting at 9:30 p.m.
The meeting was reconvened at 9:40 p.m.
PUBLIC HEARING: CDD/DeStefano presented the staff report regarding
the request by the applicant, Hamburger Hamlet, to
DR 93-2 and amend CUP No. 91-12 and Development Review for the
CUP 91-12(1) purpose of constructing a restaurant with a
lounge/bar and patio dining to be located at the
Country Hills Towne Center, 2757 S. Diamond Bar
Boulevard. The hours of operation are from 11:00
a.m. to 12:00 midnight. Sunday through Thursday and
11:00 a.m. to 2:00 a.m. on Friday and Saturday. It
is recommended that the Planning Commission approve
CUP No. 91-12(1), Development Review No. 93-2,
Findings of Fact, and conditions listed within the
attached resolution.
Chair/Flamenbaum declared the Public Hearing
opened.
Paul Brockman, the President of Hamburger Hamlet
which was established in 1950, stated that they are
a casual "upscale" family restaurant serving
moderately priced meals. About 75 more jobs will
be created for the community. There will be excess
of 2 to 3 million dollars of sales which will
benefit *the community in sales tax. Hamburger
Hamlet will also be part of the community
supporting sports teams and such. In response to
Chair/Flamenbaum's inquiry, he stated the
following: delivery usually occurs between 9:00
May 24, 1993
Page 11
a.m. and 11:00 a.m.; they normally do not have a
security guard for their family restaurant; and
though the kitchen will be closed at 12:00 a.m. on
Friday and Saturday, they are asking to stay open
till 2:00 a.m. to allow those who arrive at 11:55
p.m. enough time to eat.
Sherrod Marshall, the architect for Hamburger
Hamlet., expressed his concern for condition (i) and
condition (j), as well as condition (1).
CDD/De5tefano explained that condition- (i)
addresses staff's concern that the ten foot area in
the rear of the building off of Diamond Bar Blvd.,
which is suitable for pedestrian loading and
unloading is also suitable to support a vehicle.
In conjunction with condition (i), condition (j)
addresses staff's concern for vehicular parking
requiring that the single door proposed at the rear
of the building on the southerly side, currently
proposed as a loading/unloading area only, should
be moved to the westerly side. The two conditions
run in tandem whereas if condition (i) is
maintained, in terms of no vehicular access to that
rear ten foot area, then condition (j) is not
needed.
ICE/Wentz stated that the Engineering Department
was also concerned that delivery vehicles not
attempt to pull into that area, and the area not be
used for any type of additional overflow parking by
cars. If condition (i) is modified to assure that
there is no vehicular access or parking back there,
the Engineering Department would concur that
condition (j) could be eliminated
Chair/Flamenbaum suggested that condition (i) be
modified to prohibit utilizing the driveway• located
at the rear portion of pad #15 for vehicles.
Sherrod Marshall then inquired if condition (1)
could be modified to indicate that if there is less
than 49 people in the room, and the room is part of
a larger room, then a second means of egress is not
needed.
CDD/DeStefano suggested that condition (1) be
modified to read, "Subject to the review and
approval of the building official, the applicant
shall provide...".
Sherrod Marshall then explained that the trash area
has been located facing the front of the building
to be consistent with the rest of the center.
May 24, 1993
Page 12
Also, the proposed location may be a more efficient
location for the trash collectors as opposed to
locating it around the corner.
C/'Grothe stated that he would prefer that the trash
containers be located in the back -of the building.
Sherrod Marshall, noting that the staff report is
inconsistent regarding the size of the building,
clarified that the building is 7,000 square feet.
Referring to condition (g), he then inquired how
"amplified" is defined, and if there is a problem
with Hamlet using a musak system in the outside
patio and entrance for the pleasure of those
waiting.
VC/Meyer' suggested that condition (g) be modified
to indicate that it must be "in compliance with the
City's Noise Ordinance."
Chair/Flamenbaum inquired if it would be a problem
for the applicant if the Fountain Springs entrance
into the Center was made to be an ingress only, as
was conditioned upon approval of the SpeeDee Lube
project.
Bart Porter, Executive Vice President of the Wolff
Company, the asset managers for Country Hills Towne
Center, stated they are pleased that Hamlet
Hamburger chose Diamond Bar as their future home.
He stated that a traffic consultant has been hired
to correct the problem of the driveway into the
Center. When the plans have been completed, it
will be presented before the Planning Commission.
The plan actually adds about 7 or 8 parking spaces
in the process. The entrance from Fountain Springs
is currently an egress/ingress and will be changed
to an ingress only, unless the City decides
otherwise.
Robert Gannon, residing at 2641 Rising Star Drive,
stated that even though he likes Hamburger Hamlet,
the proposed location in the Country Hills Towne
Center is not suitable for the following reasons:
there is not sufficient parking spaces in the
entire Center; the residential neighborhood
currently has trouble with the kids hanging around
the center, they must deal with patrons of the
restaurant that will over drink; Fountain Springs
will most likely be used as an ingress/egress
regardless how it is posted, particularly late at
night; it is dangerous to have an establishment
that serves alcohol in a center that is frequented
by children; the northside of the Towne Center is
May 24, 1993 Page 13
overdeveloped while the southside remains quiet and
underdeveloped; a more benign type of business,
such as medical, would be a better choice for that
location because it requires very little parking
and creates no noise or pollution; and there would
have been more people present opposing the project
if the property had been posted by ABC.
Ken Anderson, residing at 2628 Rising Star,
expressed the following concerns: there are not
1,000 parking spaces as indicated by the Center
because many spaces, particularly behind the movie
theater, are not utilized; many of the parking
spaces are not even striped; many spaces are often
blocked by delivery trucks; there are many
carpoolers, who used to park at Fallowfield, now
parking in the Alpha Beta area; the same conditions
requested of the Speedee Lube project should be
requested for this project that the ramp be made in
only, that there be sidewalks in both sides, and
that there be no truck traffic; what garbage
company will be used by this project since there
„ are already many garbage trucks arriving at various
times early in the day disturbing residents; and
has the applicant been made aware of the upstream
contamination of hydrocarbons coming on to their
property.
Martha Bruske, a resident, inquired why the five
minute time restriction is used only when citizens
I, begin to express their concerns. She then
expressed the following concerns regarding the
proposed project: there is not adequate parking
available; parking stalls should not be compact;
the project is too close to a residential area; the
noise will echo in the hills; and the entrance from
Fountain Springs should remain 2 ways, especially
if a signal at Fountain Springs/Diamond Bar Blvd.
is installed.
Pam Anderson, residing at 2628 Rising Star,
expressed the following concerns: having an open
patio bar 200 yards from a residential street will
generate a lot of noise; a bar and a lounge open
until 2:00 a.m. is incompatible to a quiet
residential neighborhood; and there are already too
many spots to buy liquor within the Center.
Steven Nice, residing at 2621 Rising Star, made the
following comments: though it is a nice
restaurant, it is inappropriately located in the
middle of a residential neighborhood; a lounge is
not consistent with the existing neighborhood; and
the number of parking spaces is inadequate.
May 24, 1993 Page 14
Hearing no further testimony,. Chairman Flamenbaum
declared the Public Hearing closed.
Chair/Flamenbaum summarized the following changes
to the conditions as presented: delete condition
(g) and require that the outdoor patio area to be
in compliance with Chapter 2228; delete the
statement "vehicular access" in condition (i) to
"vehicles", deleting condition (j); and modify
condition (1) to be "subject to the Building
Official"
VC/Meyer suggested that condition (e) be modified
to indicate- that there will be no deliveries
between 6:00 p.m. and 8:00 a.m. He then inquired
if there are adequate enforcement measures in terms
of the CUP to address problems that may occur so as
to assure that these new businesses are operating
as good neighbors.
CDD/DeStefano stated that there is adequate
safeguards with respect to existing City codes, the
provisions of this CUP, as well as the requirements
of the Alcohol Beverage Control Board.
Ken Anderson pointed out that a security guard is
not present at the theater in the evenings even
though it is a requirement of the CUP. This Center
is too close to a residential neighborhood, which
has dramatically changed the nature of the
neighborhood.
Motion was made by VC/Meyer to approve the
resolution for the CUP, amending condition (e),
(g) , (i) , and, (1) , and deleting condition (j) as
indicated by staff and the Commission.
The motion DIED for lack of a second.
C/Grothe stated that the whole Center, -based on
square footage, is under parked due to shared uses.
The parking spaces should be made to match the
plans presented by the Center. He then stated that
the list of the conditions to the Center, i.e. the
pedestrian sidewalks, which were placed on the
Speedee Lube project, should be placed on this
project as well. Also, the Center should address
sidewalks at the Diamond Bar Blvd. entrance in
their modification of the major Center entrance.
VC/Meyer noted that there may be a problem with
sidewalks because of the steepness of the driveway.
Perhaps those conditions should be addressed at the
SII
May 24, 1993
CONTINUED
PUBLIC
HEARINGS:
South Pointe
Master Plan EIR
No. 92-1, State
Clearing House
92081040. DA
No's 92-1, 92-2,
92-3; Vesting
TT Map 32400,
Vesting TT Map
51407, TT Map
51253; CUP 92-8
& OTP 92-8; CUP
91-5 & OTP 91-2;
CUP 92-12; OTP
92-9
Page 15
time that the plans for the modification of the
Diamond Bar entrance are presented to staff.
Bart Porter stated that one of the issues being
addressed is the steepness of the driveway and the
ability to construct sidewalks. It is our
intention to come back, perhaps in 30 days, to give
a presentation before the Planning Commission.
C/Plunk noted that there is a difference between
patio dining which has a bar and an ordinary liquor
establishment. She suggested the applicant
consider moving closer to Alta Ski & Sport because
there is more readily available parking in that
area.
Motion was made by VC/Meyer, seconded by
Chair/Flamenbaum and CARRIED to approve the
Resolution for the CUP, amending condition (e),
(g), (i), and, (1), and deleting condition (j), as
indicated by staff and the Commission.
ROLL CALL:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Grothe, Plunk, VC/Meyer,
and Chair/Flamenbaum.
None.
Li.
None.
CDD/DeStefano reported that the Planning Commission
closed the public hearing, at the May 10, 1993
meeting, for the Arciero and the RnP portion of the
development, and directed staff to prepare
Resolutions of approval of the various project
entitlements. The Planning Commission did not
close the public hearing with respect to the Sasak
proposal. Staff, with the services of the
consultant team, has put together the following
variety of documents for Planning Commission review
which is contained in the Commission's packet
responding to a variety of questions and issues
raised by the Commission at the last meeting: an
additional CEQA finding of adverse environmental
impact for the issue of oak tree removal; the
Resource Management Plan has been added in various
documents, consolidating all the conditions dealing
with that issue as directed by the Commission in
the conditions suggested for approval as well as
the South Pointe Master Plan development standards;
the development standards have been modified
specific to the Commission's request, particularly
dealing with the 5 and 10 foot sideyard areas; the
provisions dealing with Larkstone through access
- Ti i i iI-,—"a_.__
May 24, 1993
Page 16
has been incorporated within the'EIR document. and.
the Master Plan document; and conditions
appropriate to each tract have been added related
tp environmental resource recoveries categories.
Both the series of Resolutions and the Development
Agreements incorporate a variety of land transfers
and commitments by, all the different parties
towards the successful 'completion of this project.
The documents are substantially the same as those
received in May of 1993, and the specific changes
have been identified in a red line or strike out
format for ease in identification. It is
recommended that the Commission take action to
approve :Vesting Tentative Tract Map No. 32400
(Arciero) and the Development Agreement for that
project, and approve Vesting Tentative Tract Map
No. 51407 (RnP) and the, Development Agreement for
that project. The Sasak project has been evaluated
further by the City Planning staff as directed by
the Commission looking at an alternative that
extended Shepherd Hills Road from it's existing
terminus at Morning Sun. That proposal resulted in
a substantial retaining wall that created some
concerns for the City staff. Inasmuch as the new
21 lot design meets the minimum criteria for
Enclave 1 of the proposed South Pointe Master Plan
and both adjacent developers have agreed to the
respective tract designs, staff recommends approval
of Tentative Tract Map No. 51253 as revised for 21
lots. A summary lot comparison is provided for
evaluation. The Sasak project does not incorporate
a development agreement. Therefore, an additional
resolution has been provided for the Hillside
Conditional Use Permit and the Oak Tree Removal
Permit.
Peter Lewendowski, the Director of Planning for
Ultra Systems Engineers and Constructors Inc.,
located in Irvine, Ca., stated that they have been
contracted by the City to prepare a detailed EIR
for a mixed use project on a 171 acre site in the
City of Diamond Bar. A draft EIR was prepared in
compliance with California CEQA and the State CEQA
guidelines, dated November, 1992, which analyzed
the direct, indirect cumulative impacts associated
with the proposed project. A Response to Comments
document was prepared, dated February, 1993, in
response to public and government agency comments
received on that document, as well as questions
raised by the Planning Commission. Subsequent to
the publication of that document, a number of
technical studies have been conducted in response
to specific questions left unaddressed in the
Response to Comments document. The following three
�7
May 24, 1993 Page 17
F-,
.._; technical studies were prepared and included in a
document entitled Response to Comments Technical
Appendix: San Diego Horned Lizard Survey;_..a
Focused spring Time Plant Survey; and a Focused
Mountain Lion Survey. These studies concluded that
none of the species surveyed were evident on the
project site, and no additional biological
resources, other than oak trees, would be impacted
by project development. The draft EIR, the
Response to Comments document, and the Technical
E Appendix collectively constitute the Draft EIR.
Both CEQA and the State CEQA guidelines require
that the lead agency certify the EIR prior to
taking action on the proposed project.
Certification of the EIR is included as a component
of the Resolutions presented before the Commission
this evening.
Hardy Strozier reported that staff has incorporated
every recommendation, made by the Commission at the
last meeting, to the Resolutions. He then
identified the following specific changes made to
the Resolution, which are relatively consistent
throughout all the Resolutions: item 8.a., on page
6, should be amended to read, "The action proposed
has been processed in accordance to the provisions
of ordinance #4 (1992) of the City of Diamond
Bar."; page 3, item 7.c., of the Vesting Tentative
Map should be amended to indicate 1194 lot
subdivision"; page 4, item g., should indicate
"based on the size and shape"; page 4, item h.,
should strike the word "not" because all these
projects do front upon a blue line stream; and page
3, of the Conditions of Approval for RnP, should
add new item 11, under General Engineering
Requirements, to read, "Adjustments to the
designated lot lines of lot 157, 158, #59, #60,
#64, #65, & #66 of tract 51407 (RnP) shall be
recorded within six months of final map approval.".
VC/Meyer, upon confirmation from DCA/Fox that this
Vesting Tentative Map would be recorded first,
followed by a lot line adjustment, suggested that
such a condition would be better placed in the
Development Agreement because there is no
motivation to do a lot line adjustment after map
recordation. Also, the lot line adjustment is a
discretionary action, and such a condition is
requiring that a decision be reached prior to the
application being placed before the discretionary
body.
DCA/Fox explained that the map has to be in final
form before it can be adjusted through a lot line
May 24, 1993 Page 18
adjustment process. This map can be recorded as a u
condition on the recordation of the Vesting Map, as
well as be placed in the Development Agreement. If
the condition is approved, the Commission is making
a decision ahead of time, however, all of the facts
are presented to make such a decision. The map
must be in a final form before the lot lines can be
adjusted. The specifics of the lot line
adjustments are probably not known at this time.
ICE/Wentz stated that the process proposed by the
DCA/Fox is feasible and is a typical approach to
making an adjustment. However, if those specifics
could be identified, then that would preclude us
from making a lot line adjustment'at a later date.
VC/Meyer expressed his concern that the maps would
be approved subject to being adjusted later with no
guarantee to Sasak or RnP that it will be adjusted
later.
ICE/Wentz stated that 'it would be- appropriate to
approve the maps and establish the legal
descriptions.
Hardy Strozier, continuing with his report until
the City Engineer can suggest some language
addressing the concern regarding new condition #11,
reviewed the following changes: page 3, Grading,
item #11, should read "The applicant shall submit
to the City Engineer the total cost estimate and
post surety for bonding purposes of all grading and
execute an agreement guaranteeing completion of all
grading prior to approval of the final map."; item
#37, on page 6, Streets, should read "...right-of-
way improvements shall include but are not limited
to undergrounding of existing overhead utilities";
add condition #53, on page 8, Streets. to read,
"Through access to' Larkstone Drive shall be
provided with a future ability to close off the
access if so desired by the City"; properly spell
"Prior" in item #13, on page 12, of the Conditions;
add a new condition on page 14, Applicable EIR
Mitigation Measures, to read, "Applicant shall
comply with the mitigation monitoring program to
implement the required EIR mitigation measures.";
strike item 10.k. on page 17, "Commercial site:
provided adequate ventilation system for enclosed
parking facilities" and reletter those conditions, g
and add a new. condition 10.m. to read "The''
applicant for the commercial enclave shall develop
and submit, for Community Development Director
review and approval, a trip reduction program."
.. ...4 .....,�A. .. q. .., e *, ,. ..
. � i ¢+" '.'"i,Sr{"' ,fir , P. 0� i. T' 17,. <.ia(
-.-�—�-��-. .'�;-.,.:,--„—�-ter„-.�..._.__-_,�,�»yaw un.�.xu��i��i.Mw�.�a..»uAi._—_�_-_._� _—_____-.•_'_'_--__
May 24, 1993 Page 19
All the preceding changes should be repeated for
the Arciero, RnP, and Sasak conditions of approval.
Hardy Strozier then reviewed the changes made to
the RnP Development Agreement: item 3, Term, on
page 5 should properly indicate "no effective
date"; item b., on page 11 and page 12, should
properly indicate $50,000; item c. on page 12,
should "indicate a one year guarantee"; and the
full RnP address, which is 4439 Rodelia Drive,
Claremont Ca., 91711, will be put on page 23. He
then explained how the references to "findings"
under each one of the topical headings are dealt
with.
Hardy Strozier then reviewed the changes made to
Exhibit "C", the Master Plan: add, to page 5, item
3, that Larkstone Drive shall be a through street
to new street "A" connecting Brea Canyon Road, and
that the City reserves the right to close the
Larkstone Drive through connection at "A" street in
the future; change the front setbacks, on page 9,
_ to indicate a minimum of 16 feet and an average of
18 feet; and a condition on page 12, item c.3,
indicates that there can be a. 15% grade with the
�- City Engineer's approval,.as indicated in condition
#34, page 6, in the Arciero Tract conditions.
Hardy Strozier then reviewed the changes made to
the Arciero Resolution: strike the word "not” on
page 4, item h.; the remaining changes are similar
to the ones outlined previously for all
Resolutions. He then reviewed the changes made to
the Sasak Resolution: strike the word "not" on
page 3, item h.; the remaining changes are similar
to the ones outlined previously for all
Resolutions.
Hardy Strozier, in response to Chair/Flamenbaum's
statement that the Commission had requested that
the home's setback not be uniformed, explained that
the way the condition is written, the concept of
"averaging" is going to dictate how the Community
Development Director reviews the plans during plan
check.
CDD/DeStefano suggested that the language in the
condition be modified so that it meets the intent
of the Planning Commission to assure that there is
not a uniformed setback.
C/Plunk inquired why the 1 year warrantee was
changed from a three year warrantee as indicated on
page 10.3 of the RnP Development Agreement.
May 24, 1993
Page 20
CDD/DeStefano explained that it was felt by the
negotiating team that the combination of requiring
a $50,000 cash deposit, and the one year warrantee
for improvements, plus further criteria within the
Development Agreement that allows the City to deal
with 'development 'improvements and warrantee for
those improvements was more appropriate to deal
with this issue than the normal three year
requirement seen on a typical subdivision. The
Commission concurred with staff's 'recommendation.
Hardy Strozier suggested the language on page 10,
double asterisk, of the Master Plan be amended to
add the following statement to deal with the
setback issue: "...,adjoining lots shall provide
variable front yard setbacks of not 'less than 2
feet without prior consent of the Community
Development Director" or add a statement, "...,
average home setback shall be staggered and minimum
setback shall be 18 feet, providing a variety of
-front yard setbacks to prevent a series of similar
front yard setbacks."
VC/Meyer expressed his concern that by setting a
minimum development standard, you get a development
that only meets your minimum development standard.
Following discussion, the Commission concurred with
the latter phrase, "...,average home setback shall
be staggered and minimum setback shall be 18 feet,
providing a variety of front yard setbacks to
prevent a series of similar front yard setbacks."
DCA/Fox then suggested the following language to
address the lot line adjustment issue:
"Adjustments to lot lines of lots designated by the
City Engineer between Tract No. 51253 & No. 51407
shall be identified and described to the
satisfaction of the City Engineer and shall be
recorded within 6 months of final map approval."
Motion was made by C/Plunk to continue the meeting
to tomorrow night.
The Motion DIED for lack of a second.
The Commission concurred with the language as
suggested by DCA/Fox.
Jan Dabney, Jan Dabney & Associates, 671 Brea
Canyon Road, representing RnP and Arciero, stated
that Arciero is in agreement with the changes made
to the Resolution. RnP is generally in agreement
111
May 24, 1993 Page 21
with the changes made, but has concern with the
language on the lot line adjustment. The owners
would prefer to do a lot line adjustment for the
four lots after the tentative map and prior to
final approval. The language does not protect RnP
if someone should die, nor does it indicate where
the lot line adjustment ends. The language should
indicate that RnP will do a lot line adjustment,
Sasak will do a lot line adjustment which will
effect lots #46, #47, #48, & #49 of the parent
tract. The concern of the lot line adjustment is
that since the Sasak Corporation does not have a
development agreement, it has revoked all the
protection that the development agreement would
render to Mr. Forester and equally to Mr. Patel.
DCA/Fox suggested the following language:
"Adjustments to lot lines of lots mutually agreed
upon by the City Engineer and applicants for Tract
No. 51253 and No. 51407 shall be designated on each
tentative tract map and shall be recorded on each
final map."
Jan Dabney stated that he is in concurrence with
the language suggested by DCA/Fox. The Planning
Commission also concurred with the suggested
language.
VC/Meyer inquired how the secondary access for the
Arciero project will be provided.
Jan Dabney stated that the current presentation on
the Master Plan is to allow emergency secondary
access to the commercial site. There will be a
full street section that will be turf blocked or
landscaped to discourage commercial traffic or cut
through traffic coming through the Arciero tract.
In addition to that specific access, Mr. Arciero is
providing pedestrian access through a trail up to
the South Pointe School. Mr. Arciero meets the
County requirements for a tract this size, with
this circulation pattern. The entire system allows
you to get out to Brea Canyon Road.
Hardy Strozier suggested that another sentence be
added to condition #52, on page 7, Conditions of
Approval under Streets, to read, "said access shall
F be improved across enclave 4 (the commercial.site)
to Brea Canyon Road until such time that enclave 4
is improved with its temporary access." The city
Engineer concurred with the suggested language.
VC/Meyer inquired if increasing the street section
of street A, along the southerly portion of the
--- -- --- ---
May 24, 1993
Page 22
commercial site to include an 8 foot wide raised
landscape median for that street would work under
the grading pian proposed.
Jan Dabney stated that the property is owned by the
City and if the City desires to widen the road, it
would not be'a dramatic impact to us. However, if
it is increased,dramatically, then, because of the
slope situation, the commercial is,cut down and/or
there won't be, a perpendicular access to the
street. However, we do not want street A to have
any commercial 'traffic or connection to that
commercial site whatsoever unless for emergency
purposes.
VC/Meyer inquired if Mr. Forester will participate
in building a reasonable street intersection to
connect to Shepherd Hills.
Jan Dabney stated that since Sasak Corp. does not
have a development agreement, there is no assurance
from anyone that we will be protected. The only
way to reduce the grade enough to help Mr. Budke
with the design problems is for those 6 or 7 lots,
on that piece of land, to have the sewers drain
down that hill to Morning Sun. But there is no
vehicle to allow us to guarantee that when we are
ready to develop that access will be set aside and
available to us.
Motion was made by VC/Meyer, seconded by C/Plunk
and CARRIED to recommend adoption of the Resolution
recommending that the City Council certify the EIR
and approve Vesting Tentative Tract Map No. 32400,
as amended.
ROLL CALL:
AYES: COMMISSIONERS: Li, Plunk, VC/Meyer, and
Chair/Flamenbaum.
NOES: COMMISSIONERS: Grothe.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
Motion was made by VC/Meyer, seconded by C/Plunk
and CARRIED to recommend adoption of the Resolution
recommending that the City Council certify the EIR
and approval of the South Pointe Development
Agreement for Arciero & Sons, as amended.
ROLL CALL:
AYES: COMMISSIONERS: Li, Plunk, VC/Meyer, and
Chair/Flamenbaum.
May 24, 1993 Page 23
r
NOES: COMMISSIONERS: Grothe.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
Motion was made by VC/Meyer, seconded by C/Plunk
and CARRIED to recommend adoption of the Resolution
recommending that the City Council certify the EIR
and approval of the South Pointe Development
Agreement for RnP, as amended.
ROLL CALL:
AYES: COMMISSIONERS: Li, Plunk, VC/Meyer, and
Chair/Flamenbaum.
NOES: COMMISSIONERS: Grothe.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
Motion was made by VC/Meyer, seconded by C/Li and
CARRIED to recommend adoption of the Resolution
recommending that the City Council approve Vesting
Tentative Tract Map No. 51407 to develop a 94 lot
subdivision consisting of 90 single family
residential parcels, as amended.
ROLL CALL:
AYES: COMMISSIONERS: Li, Plunk, VC/Meyer, and
. Chair/Flamenbaum.
NOES: COMMISSIONERS: Grothe.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
Motion was made by C/Plunk, seconded by C/Grothe
and FAILED to continue the matter to the next
regularly scheduled meeting.
AYES: COMMISSIONERS: Plunk and Grothe
NOES: COMMISSIONERS: Li, VC/Meyer, and
Chair/Flamenbaum.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
C/Plunk and C/Grothe departed the meeting at 12:20
a.m.
Chair/Flamenbaum recessed the meeting at 12:20 a.m.
The meeting was reconvened at 12:30 a.m.
CDD/DeStefano presented the staff report for
Tentative Tract No. 51253, Oak Tree Permit and CUP
for Hillside Development for the Sasak Corporation
project. Staff was directed, at the last Planning
Commission meeting, to look at an alternative
May 24, 1993
Page 24
design dealing with the issue of bringing street
up from Shepherd Hills Road. Upon evaluation, it
was determined that such a design would indicate a
large retaining wall of about 20 feet in height at
Shepherd Hills Road and Morning Sun Avenue. Staff
determined that ,such a wall, would not be
appropriate, nor would some of the other
alternatives reviewed in previous meetings. It is
staff's recommendation that, inasmuch as the new 21
lot design meets the minimum criteria for Enclave 1
of the proposed South Pointe Master Plan and both
adjacent developers have agreed to the respective
tract designs, that the Commission review and
recommend approval of Tentative Tract Map No. 51253
as revised for 21 lots, as well as recommend
approval for the Hillside CUP and the Oak Tree
Removal Permit.
James Budke, the Design Engineer representing Mr.
Patel, stated that 2 or 3 other modifications, as
recommended by the Commission, were reviewed with
staff, ,but regardless of the layout, the large
retaining wall would have to remain, which is not
aesthetically pleasing nor effective from an
engineering point of view. He reviewed the various
problems associated with the design. There is no
benefit or compelling reason to locate this
intersection at Shepherd Hills Drive. The
tentative map, designed with 21 lots, presented at
the May 6, 1993 meeting, is the preferred design.
VC/Meyer pointed out that the earlier project
presented this evening had a similar design as this
one, and that received staff's approval but this
one is being recommended against. We have a
responsibility to those people on the cul-de-sac to
try to preserve the neighborhood as best as
possible. The traffic will dump on Morning Sun.
VC/Meyer concurred that the design presented is bad
in terms of the improvements that would have to be
made. However, it appears that the research has
not been allowed to go far enough. The engineering
analysis should have gone beyond the property
boundary, to look where a series of retaining walls
may be installed on the RnP project to lower some
of the grades and reduce the impacts at the
alignment. The Master Plan should have considered
the impacts caused on the surrounding communities,
and should have attempted to minimize them.i-h
Chair/Flamenbaum declared the Public Hearing
opened.
May 24, 1993 Page 25
Barbara Beach Cushane, a resident, expressed her
concern that the South Pointe Master Plan was heard
last on the agenda, giving a perception that the
citizens of this community come last. Agenda items
should be taken in the order listed, barring a
significant emergency. She stated that when
changes are made to a proposal or project, a public
hearing should be reopened to provide an
opportunity to respond to the changes. She then
pointed out that much effort has been made to
protect the quality of life of those living on
Morning Sun, and the same consideration should be
given to all citizens of Diamond Bar.
Elizabeth Hodges, residing at 1504 Morning Sun,
stated that the following individuals have
commented on the inadvisability of putting a street
through to Morning Sun: Frank Menesees, a section
head of the LA County Department of Regional
Planning, commented in Chapter 5, page 8 in the
EIR; Todd Chavers, Chairman of the Traffic
Commission; John Beke, a member of the Traffic
Commission; and Carl Blum, Assistant Deputy
Director County of LA Department of Public Works,
Planning Division. She stated that since Mr. Budke
has pointed out how difficult it is to develop Mr.
Patel's property, then perhaps it should not be
developed.
Don Schad read a variety of letters from 7th
graders concern with the environment. and with
overdeveloping the community.
Max Maxwell stated that he did receive a response
from Mr. Beier stating that the statement made in
the article regarding cougars was incorrect. Mr.
Maxwell then stated that since there is no General
Plan, then the item should be tabled. He inquired
how the RnP property was changed from Building
Restricted/Park to it's current classification.
Chuck Bowler, residing on Morning Sun, suggested
that if the plans were modified to tie the road in
with the one with RnP, moving all the homes over so
that there is back to back lots, the project would
be more aesthetically pleasing. There should not
be a double sided row of homes.
Hearing no further testimony, Chair/Flamenbaum
declared the Public Hearing closed.
VC/Meyer stated that though the project does not
fit well, and does not seem to take into
consideration other constraints of the site, it
May 24, 1993
Page 26
will probably function. He then,, -made .the :following
comments: the condition of the $18,000 dollars of
off site sidewalk area to be installed in the
County should be, in the recommended conditions;
paying the minimum Quimby Act fees is not paying a
fair share for burying the blue line stream, and
tearing out, all the- Oak Tree; and additional
assessment should be made that will be used
directly for the improvements of,the park site that
will be provided on the RnP site. He then inquired
if, at the end of this project, if the City will
end up with a developed park site that is
functional, or just,a,level pad..
CDD/DeStefano stated that the City will have a
graded active park site, plus a significant amount
of revenue coming from the other two developers in
term of their park improvement fees. The formula
used for the Quimby Act fees is based upon the
value of the property and other things. The fees
will be in the range of about $1,500/DU.
VC/Meyer suggested that another $3,500 dollars per
lot be added for open space fees to be used
directly for the improvement of the park.
ICE/Wentz, in response to VC/Meyer Is inquiry if
there is another design solution for that
intersection, stated that, from an engineering
point of view, the May 6, 1993 design is the most
practical of the -alternative designs presented.
That particular design may also discourage some of
the cut -through use being anticipated through that
area. Other innovative things could also be done
in the entire development area to help discourage
the potential problem of cut -through traffic.
CDD/DeStefano, in response to Chair/Flamenbaum,
stated that, on the present proposal, there is a
significant slope between lots #13 through #18 and
the RnP property that may be an appropriate
location to replant a majority of the series of
oaks.
Hardy Strozier pointed out that the Mitigation
Monitoring Program can provide an opportunity to do
off site mitigation for the Oak Trees.
Motion was made by C/Li to deny the project.
The Motion DIED for lack of a second.
VC/Meyer stated that there has been a significant
amount of opposition to the entire project itself,
May 24, 1993 Page 27
i
G_.' and perhaps they should be allowed an opportunity
to back up their commitment to total preservation.
MPT/Papen has expressed some interest in putting a
bond issue on the next election to generate the
revenue to acquire open space, and perhaps the
Commission should recommend that the Council
entertain this option.
Motion was made by VC/Meyer to recommend to the
City Council to entertain the feasibility of
putting a -bond issue on the next election to
purchase open space.
DCA/Fax stated that it would be advisable that the
Commission not take action on something not on the
agenda.
The Motion DIED for -lack of a second.
Motion was made by Chair/Flamenbaum, seconded by
VC/Meyer and CARRIED to approve the Resolution for
Tentative Tract Map No. 51253 for the 21 lot
subdivision, as amended with the additional
assessment of $3,500/DU for off site park
developments, and the $1,800 dollars for off site
sidewalks.
ROLL CALL:
AYES: COMMISSIONERS: V C/ M e y e r a n
Chair/Flamenbaum.
NOES: COMMISSIONERS: Li.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Plunk and Grothe.
Motion was made by Chair/Flamenbaum, seconded by
VC/Meyer and CARRIED to approve the Resolution on
the Hillside Management Ordinance CUP and Oak Tree
Removal Permit, as amended by staff.
ROLL CALL:
AYES: COMMISSIONERS: V C/ M e y e r a n d
Chair/Flamenbaum.
NOES: COMMISSIONERS: Li.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Plunk and Grothe.
REORGANIZATION: Motion was made by Chair/Flamenbaum, seconded by
VC/Meyer and CARRIED to table the matter to the
next meeting.
Chair/Flamenbaum requested that the matter of
recommending to the City Council to float a bond
May 24, 1993
ADJOURNMENT:
Page 28
act for the purposes of purchasing open space
within the City of Diamond Bar be placed on the
next agenda.
Chair/Flamenbaum also requested that staff put on
the agenda as soon as possible the proposed changes
to the Towne Center Plaza entrance.
Motion was made by VC/Meyer, seconded by C/Li and
CARRIED UNANIMOUSLY to adjourn the meeting at 1:40
a.m.
Respectively,
Ja es DeStefano
Secretary
Attest:
Bruce Flamenbaum
Chairman
'I'll _ 161 'G . - j"- YD.r
PLEDG
CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION
MAY 24, 1993
CALL TO ORDER: Vice Chairman Meyer called the meeting to order at 7:09 p.m. at the South Coast Air Quality
Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California.
ROLL CALL:- commissioners: Grothe, Li, Plunk, and Vice Chairman Meyer. Chairman Flamenbaum arrived at
8:25 p.m..
Also present were Community Development Director James DeStefano, Associate Planner Rob Searcy, Planning
Technician Ann Lunqu, Deputy City Attorney Craig Fox, Interim City Engineer
George Wentz, and Contract Recording Secretary Liz Myers.
VC/Meyer reported that Chair/Flamenbaum will be arriving late to the meeting.
MATTERS FROM Ken Anderson, residing at 2628 Rising Star, THE AUDIENCE: expressed his concern that the
charcoal canister,
used to remove the gasoline in the ground at the old Chevron site, now currently
developed with a two story building owned by Dr. Cho, does not function properly
because it has never had electrical power applied to the equipment. According to
the Water Management Quality District, the electrical power is supposed to come
from Country Hills Towne Center's power vault next to Dr. Cho's building. There
were non detectable levels of hydrocarbons the first two quarters of the year, but
recently the levels have increased to 1,200 due mostly from the increase in the
water table from the recent heavy rains. The hydrocarbons could be captured if
the charcoal canister was turned on.
VC/Meyer requested that the City Engineer and the Planning staff investigate Mr.
Anderson's concern and to provide a report.
In response to C/Lits inquiry, Mr. Anderson explained that he is not an engineer,
but he does know it is a monitoring well that is subject to remediation under the
Environmental Protection Agency.
Martha Bruske, residing at 600 S. Great Bend, expressed her concern that a
citizen is being questioned regarding a concern that is the function of the City
Engineer.
CONSENT CALENDAR: C/Plunk requested that the Minutes of April 26, 1993 be amended on page 13, 2nd
paragraph to
May 24, 1993 Page 2
Minutes of indicate, 11 ... the commercial center is not a size Apr. 26, 29, 1993that would only hold dry cleaners and
pizza May 10, 1993. parlors".
C/Grothe requested that the minutes be amended on page 3 to indicate his absence
during the vote.
Motion was made by C/Plunk, seconded by C/Grothe and CARRIED to approve the
Minutes of April 26, 1993 as amended.
AYES: COMMISSIONERS: Grothe, Plunk, Li, and VC/Meyer.
NOES: COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
C/Plunk requested that the Minutes of April 29, 1993 be amended on page 10 to
indicate, "The conditions at South Pointe School are substandard and the traffic
situation is worse than any other school in Diamond Bar.11
Motion was made by C/Plunk, seconded by C/Li and CARRIED to approve the
Minutes of April 29, 1993 as amended.
AYES: COMMISSIONERS: Grothe, Plunk, Li, and VC/Meyer. NOES:
COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
C/Plunk requested that the Minutes of May 10, 1993 be amended on page 7 to
indicate the proper spelling of "Vinod".
Motion was made by C/Plunk, seconded by C/Grothe and CARRIED to approve
the Minutes of May 10, 1993 as amended.
AYES: COMMISSIONERS: Grothe, Plunk, Li, and VC/Meyer. NOES:
COMMISSIONERS: None.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Chair/Flamenbaum.
CONTINUED CDD/DeStefano reported that Chair/Flamenbaum will PUBLIC HEARINGS: not be in attendance
for this portion of the Variance 93-1, meeting due to a potential co-nflict of interest. CUP 93-3 & VC/Meyer
declared the Public Hearing opened.
Oak Tree Permit 93-1
May 24, 1993 Page 3
PT/Lungu presented the staff report regarding the request made by the applicants
Jake Williams, property owner at project site 22840 Ridgeline Road (lot 156), Richard
Miller, property owner at project site 22820 Ridgeline Road (lot 157), Scott Harris,
property owner at project site 22909 Lazy Trail Road (lot 153), and A.C. Kausal,
property owner at project site 1245 S. - Mahogony Court (lot 154), to construct a
series of retaining walls in excess of six feet with a maximum height of 18 feet on lots
153, 156, & 157. A CUP is required for the purpose of grading on all four lots pursuant
to the Hillside Management Ordinance. An Oak Tree Permit is required in order to
remove oak trees on all 4 lots. A Variance is required for the construciton of retaining
walls in excess of 6 feet. The project site, located in "The Country", is zoned R-1-
40,000 with draft General Plan land use designation of RR. The City adopted the
County of Los Angeles Planning and Zoning Code (Chapter 22.48, Section 160 D.)
which indicates that "Retaining walls, not to exceed six f eet in height, are permitted in
all yards". PT/Lungu then reviewed the analysis of the proposed project as indicated
in the staff report. The applicants will be required to submit to the city a schedule of
the proposed activities with their completion dates prior to the issuance of a grading
permit. It is staffs recommendation that the Planning Commission approve Variance
No. 93-1, CUP No. 93-3, and Oak Tree Permit No. 93-1, Findings of Fact, and
conditions listed within the attached resolution. Pt/Lungu then made the following
corrections to the attached resolution: amend the last sentence on page 6, condition
(h), to indicate, "The cost of the required bond shall be paid by Mr. Jake Williams and
shall remain in effect until completion of the project to the satisfaction of the City
Engineer. 11; amend condition (i) to indicate, "The applicant shall provide a phasing
schedule of activities with completion dates prior to the issuance of a grading permit.
Should the work not be completed in accordance with the said phase schedule, the
City must rescind the grading permit. 11; and amend the word "should" to "shall" in
condition (p).
Carl Kobbins, the Civil Engineer on the project for F -,the grading program, 9640
Center Ave., Rancho
Cucamonga, stated that the
applicant does not take any issue with any of the conditions placed on the
project. However, he noted that the project has been modified, without staff's
review, to completely eliminate the 18 foot retaining wall by filling in the area
referred to as "daylight",
May -241 1993 Page 4
which is" an area about 3 0 feet between the property line on lot 156 to the south
side property line on lot 157. He then submitted a letter from the adjacent owner
indicating that they have granted Jake Williams slope and drainage easement
rights in order to make that,fill.
PT/Lungu, in response to C/Plunk's inquiry, explained that staff has not had the
opportunity to review the indicated change to determine possible environmental
impacts.
ICE/Wentz stated that he does not see a problem, from an engineering point of
view, with the modification indicated.
CDD/DeStefano suggested that staff could be directed to investigate possible
impacts resulting from the modification. If oak trees which are subject to the City's
permit process are impacted, staff would be responsible for providing mitigation
based upon the direction given by the Planning Commission.
Carl Kobbins, in response to VC/Meyer's inquiry regarding the code enforcement
issue, explained that there was some contention with the City'about the illegal fills
below Mr. Williams home which resulted from the rebuilding of the driveway done
under permit. However, that fill is to be removed, replaced, and recompacted as
part of this program. The 48,000 cubic yards of dirt will be imported and used as a
controlled fill for a more contoured appearance.
Jake Williams, property owner of lot 156, further explained that originally, in 1989,
there was a Master Plan on his property alone. Upon review, changes were
requested to that overall Master Plan. After many drawings and attempts,
authorization was given from contract City Engineer Ron Kranzer to realign the
existing driveway, which was originally built not according to code. The City then
issued a stop work order and called the imported dirt illegal f ill. There has never
been any blatant stockpiling or illegal grading. All work completed was inspected.
In order to complete the project, there would have to be encroachment onto the
other lots. Therefore all four lots were coordinated into the project, making it more
aesthetically appealing. The 48, 000 cubic yards of dirt will and has been moved
within "The Country" Estates area from other projects underway. He then
indicated
May 24, 1993 Page 5
his willingness to replace the trees at a 4:1 ratio.
ICE/Wentz confirmed that the driveway was approved, and quite a bit of fill was
placed below the driveway, in the area now proposed to be filled, that was
uncertified and not according to City code. With this approved plan, those
materials will be properly placed in a safe condition. An attempt was made to try
to put as much compliance with the Hillside Management. Ordinance as possible,
recognizing that the site is very restricted. The bench drains will be screened and
gunited as much as possible. The only portion of the plan, from an engineering
and soils point of view, that was not reviewed and approved is the proposed
elimination of the wall.
CDD/DeStefano, in response to VC/Meyer, stated that condition (d) , on page 6
of the resolution prepared by staff, indicates that the applicant is required to
submit a detailed landscape and irrigation plan. Because it is part of the Hillside
CUP, it requires mitigation in accordance with the revegetation techniques
contained within the Hillside Management Ordinance.
Hearing no further testimony, VC/Meyer declared the Public Hearing closed.
CDD/DeStefano, in response to VC/Meyer, suggested that the Planning
Commission can either review the specific drawings discussed this evening to
determine the impact of eliminating the 18 foot retaining wall from an engineering
standpoint and an environmental standpoint, or direct staff to investigate the
possible impacts with direction that, if there are oak trees within that area which
exceed the thresholds within the code and require an extra oak tree permit, it be
brought back before the Commission for review.
C/Grothe expressed variance his concern with granting a lots in 'The Country"
because designed to build were into the natural terrain and area, with similar
every lot in that would qualify topography,
for iL is no indication as variance. Furthermore, there to what
is nonconforming. Perhaps percentage of the wall "existing nonconforming"
would be a better t,!rm than a "variance" since some of a
of the walls are part Referring retroactive project. (d), he then stated that
to condition would prefer he
some a„surance that the landscape plan
May 24, 1993 Page 6
is in accordance with the City's Hillside Grading ordinance.
C/Li indicated that he f eels that the Commission should direct staff to investigate
and handle the project appropriately.
C/Plunk suggested that condition (c) on page 5 be amended to indicate that the
applicant shall also maintain the planters weed free.
ICE/Wentz, in response to VC/Meyer, stated that it is stat f I s opinion that there is
a suf f icient set of conditions to assure that compliance will take place to
complete the project.
VC/Meyer suggested that the condition in the Oak Tree Permit be amended to
indicate a tree replacement ratio of 4: 1 since the applicant has expressed his
willingness to do so.
PT/Lungu, in response to C/Grothe's concern if a variance is appropriate,
explained that the city Engineer has assured the Planning staff that the walls
need to be at this height because of the constraints of the site, unless the
applicant is able to encroach upon another property.
C/Grothe pointed out that the variance is only needed to put in walls to construct
the tennis courts.
Motion was made by C/Grothe to approve CUP No. 93-3 and Oak Tree Permit
No. 93-1 with the modifications previously outlined by staff and the Planning
Commission, and to deny the variance, requiring stepping the wall for the
driveway and eliminating any walls exceeding 6 feet in height for the tennis court.
The Motion DIED for lack of a second.
C/Plunk pointed out that the tennis court will be constructed down in the gully,
which may add to the stability of the area. She then inquired if there is a condition
in place addressing the easement needed for drainage.
DCA/Fox stated that it is staff Is recommendation that a condition be added to
indicate that the applicant shall obtain a recorded easements necessary to
accommodate drainage, and any other outside grading is designated by the City
Engineer in size and nature satisfactory to the City
May 24, 1993 Page 7
Engineer prior to issuance of grading permit, and with the provision that no
additional oak trees, requiring an Oak Tree removal permit be a part of this
approval.
CDD/DeStefano stated that the condition should also indicate that the
Community Development Department should be involved in that review process,
and that no additional oak trees, requiring an oak tree removal permit, be a part
of this approval.
Motion was made by C/Plunk, seconded by C/Li and CARRIED to approve
Variance No. 93-1, CUP No. !-3-3, and Oak Tree Permit No. 93-1, Findings of
Fact, and conditions listed within the attached resolution as amended by staff, to
include a tree replacement ratio of 4: 1, and that the hillsides are to be
maintained in a weed free condition.
ROLL CALL:
AYES: COMMISSIONERS: Plunk, Li, and VC/Meyer. NOES:
COMMISSIONERS: Grothe.
ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Chair/Flamenbaum. VC/Meyer recessed the
meeting at 8:25 p.m.
Chair/ Flamenbaum reconvened the meeting at 8:35 p.m
Amendment to AP/Searcy presented the staff report regarding the CUP No. 91-8 request made by the applicant
Jung Ho and Yeon Ho
Kim, to extend the hours of operation for a billiard establishment located in the
Colima Plaza at the intersection of Colima Road and Lemon Avenue, from'11:00
a.m. to 12:00 midnight to 11:00 a.m. to 2:00 a.m. The application for the family
billiard hall was originally approved by the Planning Commission on September
23, 1991. Since then, the Planning Commission has approved a Karoake Studio
for this center and found that the studio may operate until 2:00 a.m. Friday and
Saturday night with the provision of on-site licensed and uniformed security. The
combination of these two land uses in a commercial center designated as
"Neighborhood Commercial" substantially increases the intensity of the center. In
staffs opinion, this intensification is not in conformance with the concept of a
neighborhood commercial center. Review of the application with the Sherif f
Department revealed that there had been at least three occasions where the
billiard hall continued to operate well past
May 24, 1993 Page 8
midnight. However, upon being admonished by the patrolling deputy, the
billiard hall immediately complied with the 12-!,00 a.m. limitation. Staff feels that
the approval of the 'application in conjunction with other approvals for late night
operation has the potential to over intensify the center. It is staff's
recommendation that the commission adopt a resolution to deny the applicant's
request.
Chair/Flamenbaum declared the Public Hearing opened.
David Li, representing the applicant Yeon Kim, from Rowland Heights, explained
that the applicant would like to extend the hours of operation for two hours in
order to compete with a similar business in Rowland Heights. The majority of the
customers come in around 9:00 p.m. and would like to play longer than the
remaining 3 hours. Furthermore, the billiard hall should be able to stay open until
2:00 a.m. as was permitted for the Karoake use. In response to a series of
Commission inquiries, Mr. Li stated the following: increasing the hours of
operation will increase business about 50%; the petition.was not circulated among
the residential neighborhood; they do not pay sales tax; they are willing to hire a
security guard between the hours of 12:00 and 2:00 a.m.; billiard customers, are
different than the customers that go to karoake studio; the business is family
oriented and those men who signed the petition represent the entire family; and
the reason they were open past'12:00 a.m was because of the cleaning crew.
The Public Hearing was declared opened.
The following individuals spoke in favor of the project: Don Schad, a resident;
David Park, residing in Hacienda Heights; Max Maxwell, a resident; Julliana Ho;
and Eric So, a resident. They supported the project for the following reasons:
there have been no complaints from the surrounding neighborhood; the karoake
studio remains open till 2:00 a.m.; it is hurting their business to close at 12:00
a.m.; and bowling facilities.can remain open all night.
Martha Bruske, a resident, pointed out that -the area has a heavy graffiti problem. If the business is
supposed to close a 12:00 a.m., then they should do so and not have to be admonished by the Sheriff
Department.
May 24, 1993 Page 9
C/Plunk expressed her concern that extending the hours of operation will create'
a significant increase in traf f is at an hour not conducive to a residential
neighborhood. If the establishment had troiible closing at 12:00 a.m. then they
will have equal trouble closing at 2:00 a.m..
Chair/Flamenbaum suggested that the hours be extended to 2:00 a.m. on Friday
And Saturday with a condition that there be a uniformed security guard present.
VC/Meyer stated that since a CUP is a land use entitlement, then the Planning
Commission should focus on the findings of fact of the land use decision. If the
business is not operating as a good neighbor, then our Sheriff Department or
code enforcement ought to be able to address the problem.
Motion was made by VC/Meyer and seconded by C/Li to direct staff to prepare a
Resolution of Approval with the following amendments: hours of operation from
11:00 a.m. to 2:00 a.m. Monday through Sunday; modifying condition #5 to at
least one employee over the age of 21 would be on the premises at all time; and
condition #6 be modified to indicate that a security person shall be uniformed,
may be the owner of the business, and be on the premise from 12:00 a.m. to
2:00 a.m. (consistent with the karoake studio).
Chair/Flamenbaum suggested that the hours of operation be made consistent
with the Karoake Studio extending the hours to 2:00 a.m. on Friday and Saturday
only.
VC/Meyer stated that the Sheriff Department will handle any problems that may
occur. Instead of trying to control a business operation, we should be trying to
control a land use type of operation. A billiard room close to a residential
neighborhood does not seem to be a problem since no one is present to
complain.
C/Grothe stated that since it is unknown what the
effects.will be by having both the Karaoke and the Billiard Hall open till 2:00 a.m.,
he would feel more comfortable following the conditions set for the karoake
studio approval.
C/Plunk pointed out that the karaoke studio has only been open for three weeks so the
problems with the establishment have not yet been determined.
7—M777---- I .
May 24, 1993 Page 10
VC/Meyer stated that the CUP can be revoked if the business gets out of hand.
The Planning Commission voted upon VC/Meyer's motion, as seconded by
C/Li to direct staff to prepare a Resolution of, Approval amending the hours of
operation from 11:00 a.m. to 2:-00 a.m. Monday through Sunday, modifying
condition #5 that at least one employee over the age of 21 would be on the
premises at all time and that condition #6 be modified to indicate that a security
person shall be uniformed and may be the owner of the business, and to be on
the premise from 12:00 a.m. to 2:00 a.m. (consistent with the karoake studio).
ROLL CALL:
AYES: COMMISSIONERS: Li, VC/Meyer, and Chair/Flamenbaum.
NOES: COMMISSIONERS: Grothe, and Plunk. ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
Chair/Flamenbaum recessed the meeting at 9:30 p.m. The meeting was reconvened at 9:40 p.m.
PUBLIC HEARING: CDD/DeStefano presented the staff report regarding the request by the applicant,
Hamburger Hamlet, to amend CUP No. 91-12 and Development Review for the
DR 93-2 and CUP purpose of constructing a restaurant with a lounge/bar and patio dining to be located
at the Country Hills Towne Center, 2757 S. Diamond Bar Boulevard. The hours of
operation are from 11:00 a.m. to 12:00 midnight. Sunday through Thursday and 11:00
a.m. to 2:00 a.m. on Friday and Saturday. It is recommended that the Planning
Commission approve CUP No. 91-12(I), Development Review No. 93-2, Findings of
Fact, and conditions listed within the attached resolution.
Chair/Flamenbaum declared the Public Hearing opened.
Paul Brockman, the President of Hamburger Hamlet which was established in
1950, stated 'that they are a casual "upscale" family restaurant serving
moderately priced meals. About 75 more jobs will be created for the community.
There will be excess of 2 to 3 million dollars of sales which will benefit `the
community in sales tax. Hamburger Hamlet will also be part of the community
supporting sports teams and such. In response to Chair/Flamenbaum's inquiry,
he stated the following: delivery usually occurs between 9:00
May 24, 1993 Page 11
a.m. and 11:00 a.m.; they normally do not have a security guard for their family
restaurant; and though the kitchen will be closed at 12:00 a.m. on Friday and
Saturday, they are asking to stay open till 2:00 a.m. to allow those who arrive at
11:55 p.m. enough time to eat.
Sherrod Marshall, the architect for Hamburger Hamlet„ expressed his concern
for condition (i) and condition Q), as well as condition (1).
CDD/DeStefano explained that condition (i) addresses staff's concern that the ten
foot area in the rear of the building off of Diamond Bar Blvd., which is suitable for
pedestrian loading and unloading is also suitable to support a vehicle. In
conjunction with condition (i), condition Q) addresses staffs concern for vehicular
parking requiring that the single door proposed at the rear of the building on the
southerly side, currently proposed as a loading/unloading area only, should be
moved to the westerly side. The two conditions run in tandem whereas if
condition (i) is maintained, in terms of no vehicular access to that rear ten foot
area, then condition (j) is not needed.
ICE/Wentz stated that the Engineering Department was also concerned that
delivery vehicles not attempt to pull into that area, and the area not be used for
any type of additional overflow parking by cars. If condition (i) is modified to
assure that there is no vehicular access or parking back there, the Engineering
Department would concur that condition (j) could be eliminated
Chair/ Flamenbaum suggested that condition (i) be modified to prohibit utilizing
the driveway, located at the rear portion of pad #15 for vehicles.
Sherrod Marshall then inquired if condition (1) could be modified to indicate that if
there is less than 49 people in the room, and the room is part of a larger room,
then a second means of egress is not needed.
CDD/DeStefano suggested that condition (1) be modified to read, "Subject to the review
and approval of the building official, the applicant shall provide... 11. i
Sherrod Marshall then explained that the trash area has been located facing the front of
the building to be consistent with the rest of the center.
May 24, 1993 Page 12
Also, the proposed location may be a more efficient location f or the trash
collectors as opposed to locating it around the corner.
C/Grothe stated that he would pref er that the trash containers be located in the
Sherrod Marshall, noting that the stat f report is inconsistent regarding the size of
the building, clarif ied that the building is 7, 000 square feet. Referring to
condition (g) , he then inquired how "amplif ied" is def ined, and if there is a
problem with Hamlet using a musak system in the outside patio and entrance for
the pleasure of those waiting.
VC/Meyer suggested that to indicate condition (g) be modified be "in
that it must City's Noise Ordinance." compliance with the
Chair/Flamenbaum inquired if it would be a problem for the applicant if the Fountain
Springs entrance into the Center was made to be an ingress only, as was conditioned
upon approval of the SpeeDee Lube project.
Bart Porter, Executive Vice President of the Wolff Company, the asset managers
for Country Hills Towne Center, stated they are pleased that Hamlet Hamburger
chose Diamond Bar as their future home. He stated that a traffic consultant has
been hired to correct the problem of the driveway into the Center. When the plans
have been completed, it will be presented before the Planning Commission. The
plan actually adds about 7 or 8 parking spaces in the process. The entrance from
Fountain Springs is currently an egress/ingress and will be changed to an ingress
only, unless the City decides otherwise.
Robert Gannon, residing at 2641 Rising Star Drive, stated that even though he
likes Hamburger Hamlet, the proposed location in the Country Hills Towne Center
is not suitable for the following reasons: there is not sufficient parking spaces in
the entire Center; the residential neighborhood currently has trouble with the kids
hanging around the center, they must deal with patrons of the restaurant that will
over drink; Fountain Springs will most likely be used as an ingress/egress
regardless how it is posted, particularly late at night; it is dangerous to have an
establishment that serves alcohol in a center that is frequented by children; the
northside of the Towne Center is
May 24, 1993 Page 13
overdeveloped while the southside remains quiet and underdeveloped; a more
benign type of business, such as medical, would be a better choice for that
location because it requires very little parking and creates no noise or pollution;
and there would have been more people present opposing the project if the
property had been posted by ABC.
Ken Anderson, residing at 2628 Rising Star, expressed the following concerns:
there are not 1, 000 parking spaces as indicated by the Center because many
spaces, particularly behind the movie theater, are not utilized; many of the
parking spaces are not even striped; many spaces are,often blocked by delivery
trucks; there are many carpoolers, who used to park -at Fallowf ield, now parking
in the Alpha Beta area; the same conditions requested of the Speedee Lube
project should be requested for this project that the ramp be made in only, that
there be sidewalks in both sides, and that there be no truck traffic; what garbage
company will be used by this project since there are already many garbage
trucks arriving at various times early in the day disturbing residents; and has the
applicant been made aware of the upstream contamination of hydrocarbons
coming on to their property.
Martha Bruske, a resident, inquired why the f ive minute time restriction is used
only when citizens begin to express their concerns. She then expressed the
following concerns regarding the proposed project: there is not adequate parking
available; parking stalls should not be compact; the project is too close to a
residential area; the noise will echo in the hills; and the entrance from Fountain
Springs should remain 2 ways, especially if a signal at Fountain Springs/Diamond
Bar Blvd. is installed.
Pam Anderson, residing at 2628 Rising star, expressed the following concerns:
having an open patio bar 200 yards from a residential street will generate a lot of
noise; a bar and a lounge open until 2:00 a.m. is incompatible to a quiet
residential neighborhood; and there are already too many spots to buy liquor
within the Center.
Steven Nice, residing at 2621 Rising Star, made the following comments: though
it is a nice restaurant, it is inappropriately located in the middle of a residential
neighborhood; a lounge is not consistent with the existing' neighborhood; and the
number of parking spaces is inadequate.
May 24, 1993 Page 14
Hearing no further testimony,. Chairman Flamenbaum declared the Public
Hearing closed.
Chair/ Flamenbaum summarized the following changes to the conditions as presented:
delete condition (g) and require that the outdoor patio area to be in compliance with
Chapter 2228;_ delete the statement "vehicular access" in condition (i) to "vehicles".
deleting condition Q); and modify condition (1) to be "subject to the Building Official'
VC/Meyer suggested that condition (e) be modified to indicate- that there will be no
deliveries between 6:00 p.m. and 8:00 a.m. He then inquired if there are adequate
enforcement measures in terms of the CUP to address problems that may occur so as to
assure that these new businesses are operating as good neighbors.
CDD/Destefano stated that there is adequate safeguards with respect to existing City
codes, the provisions of this CUP, as well as the requirements of the Alcohol
Beverage Control Board.
Ken Anderson pointed out that a security guard is not present at the theater in the
evenings even though it is a requirement of the CUP. This Center is too close to a
residential neighborhood, which has dramatically changed the nature of the
neighborhood.
Motion was made by VC/Meyer to approve the resolution for the CUP, amending
condition —e), (g) , (i) , and, (1) , and deleting condition Q) as indicated by staff and
the Commission.
The motion DIED for lack of a second.
C/Grothe stated that the whole Center, - based on
square footage, is under parked due to shared uses. The parking spaces should be
made to match the plans presented by the Center. He then stated that the list of the
conditions to the Center, i.e. the pedestrian sidewalks, which were placed on the
Speedee Lube project, should be placed on this project as well. Also, the Center
should address sidewalks at the Diamond Bar Blvd. — entrance -in their modification
of the major Center entrance.
VC/Meyer noted that there may be a problem with sidewalks because of the
steepness of the driveway. Perhaps those conditions should be addressed at the
May 24, 1993 Page 15
time that the plans for the modif ication of the Diamond Bar entrance are
presented to staff.
Bart Porter stated that one of the issues being addressed is the steepness of the
driveway and the ability to construct sidewalks. It is our intention to come back,
perhaps in 30 days, to give a presentation before the Planning Commission.
C/Plunk noted that there is a dif f erence between patio dining which has a bar
and an ordinary liquor establishment. She suggested the applicant consider
moving closer to Alta Ski & Sport because there is more readily available parking
in that area.
Motion was made by VC/Meyer, seconded by Chair/Flamenbaum, and CARRIED
to approve the Resolution f or the CUP, amending condition (e) , (g), (i), and, (1),
and deleting condition Q), as indicated by staff and the Commission.
ROLL CALL:
AYES: COMMISSIONERS: Grothe, Plunk, VC/Meyer, and
Chair/Flamenbaum. None.
NOES: COMMISSIONERS: Li. None.
ABSTAIN: COMMISSIONERS:
CONTINUED
CDD/DeStef ano reported that the Planning Commission closed the public
PUBLIC
hearing, at the May 10, 1993 meeting, for the Arciero and the RnP portion of the
development, and directed staff to prepare Resolutions of approval of the various
project entitlements. The Planning Commission did not close the public hearing
South Pointe Master Plan
with respect to the Sasak proposal. Staff, with the services of the consultant
EIR No. 92-11 State
team, has -put together the following variety of documents for Planning
Clearing House
Commission review which is contained in the Commission's packet responding to
92081040. DA No's 92-1,
a variety of questions and issues raised by the Commission at the last meeting:
92-2, 92-3; Vesting TT
an additional CEQA f inding of adverse environmental impact for the issue of oak
Map 32400, Vesting TT
tree removal; the Resource Management Plan has been added in various
Map 51407, TT Map
documents, consolidating all the conditions dealing with that issue as directed by
51253; CUP 92-8 & OTP
the Commission in the conditions suggested for approval as well as the South
92-8; CUP 91-5 & OTP
Pointe Master Plan development standards; the development standards have
91-2; CUP 92-12; OTP
been modified specific to the Commission's request, particularly dealing with the
92-9
5 and 10 foot sideyard areas; the provisions dealing with Larkstone through
access
May 24, 1993 page 16
has been incorporated within the'EIR document - and the Master Plan
document; and conditions appropriate to each tract have been added related tip
environmental resource recoveries categories. Both the series of Resolutions and
the Development Agreements incorporate a variety of land transfers and
commitments by all the different parties towards the successful completion of this
project. The documents are substantially the same as those received in May of
1993, and the specific changes have been identified in a red line or strike out
format for ease in identification. It is recommended that the Commission take
action to approve 'Vesting Tentative Tract Map No. 32400 (Arciero) and the
Development Agreement f or that project, and approve Vesting Tentative Tract
Map No. 51407 (RnP) and the Development Agreement for that project. The
Sasak project has been evaluated further by the City Planning staff as directed by
the Commission looking at an alternative that extended Shepherd Hills Road from
it's existing terminus at Morning Sun. That proposal resulted in a substantial
retaining wall that created some concerns for the City staff. Inasmuch as the new
21 lot design meets the minimum criteria for Enclave 1 of the proposed South
Pointe Master Plan and both adjacent developers have agreed ' to the respective
tract designs, staff recommends approval of Tentative Tract Map No. 51253 as
revised for 21 lots. A summary lot comparison is provided for evaluation. The
Sasak project does not incorporate a development agreement. Therefore, an
additional resolution has been provided for the Hillside Conditional Use Permit
and the Oak Tree Removal Permit.
Peter Lewendowski, the Director of Planning for Ultra Systems Engineers and
Constructors Inc., located in 'Irvine, Ca., stated that they have been contracted by
the City to prepare a detailed EIR for a mixed use project on a 171 acre site in the
City of Diamond Bar. A draft EIR was prepared in compliance with California
CEQA and the State CEQA guidelines, dated November, 1992, which analyzed
the direct, indirect cumulative impacts associated with the proposed project. A
Response to Comments document was prepared, dated February, 1993, in
response to public and government agency comments received on that
document, as well as questions raised by the Planning Commission. Subsequent
to the` publication of that document, a number of technical studies have been
conducted in response to specific questions left unaddressed in the Response to
Comments document. The following three
May 24, 1993 Page 17
technical studies were prepared and included in a document entitled Response
to Comments Technical Appendix: San Diego Horned Lizard Survey;... a
Focused spring Time Plant Survey; and a Focused Mountain Lion Survey. These
studies concluded that none of the species surveyed were evident on the project
site, and no additional biological resources, other than oak trees, would be
impacted by project development. The draft EIR, the Response to Comments
document, and the Technical Appendix collectively constitute the Draft EIR. Both
CEQA and the State CEQA guidelines require that the lead agency certify the
EIR prior to taking action on the proposed project. Certification of the EIR is
included as a component of the Resolutions presented before the Commission
this evening.
Hardy Strozier reported that stat f has incorporated every recommendation,
made by the Commission at the last meeting, to the Resolutions. He then
identified the following specific changes made to the Resolution, which are
relatively consistent throughout all the Resolutions: item 8.a., on page 6, should
be amended to read, "The action proposed has been processed in accordance to
the provisions of Ordinance #4 (1992) of the City of Diamond Bar."; page 3, item
7.c., of the Vesting Tentative Map should be amended to indicate 1194 lot
subdivision"; page 4, item g., should indicate "based on the size and shape";
page 4, item h., should strike the word "not' because all these projects do front
upon a blue line stream; and page 3, of the Conditions of Approval for RnP,
should add new item 11, under General Engineering Requirements, to read,
"Adjustments to the designated lot lines of lot #57, #58, #59, #60, #64, //65, &
#66 of tract 51407 (RnP) shall be recorded within six months of final map
approval.". VC/Meyer, upon confirmation from DCA/Fox that this Vesting
Tentative Map would be recorded first, followed by a lot line adjustment,
suggested that such a condition would be better placed in the Development
Agreement: because there is no motivation to do a lot line adjustment after map
recordation. Also, the lot line adjustment is a discretionary action, and such a
condition is requiring that a decision be reached prior to the application being
placed before the discretionary body.
DCA/Fox explained that the map has to be in final form before it can be adjusted
through a lot line
May 24, 1993 Page 18
adjustment process. This map can be recorded as a condition on the recordation
of the Vesting Map, as well as be placed in the Development Agreement. If the
condition is approved, the Commission is making a decision ahead of time,
however, all of the facts are presented to make such a decision. The map must
be in a final form before the lot lines can be adjusted. The specifics of the lot line
adjustments are probably not known at this time. ICE/Wentz stated that the
process proposed by the DCA/Fox is feasible and is a typical approach to making
an adjustment. However, if those specifics could be identified, then that would
preclude us from making a lot line adjustment at a later date. VC/Meyer
expressed his concern that the maps would be approved subject to being
adjusted later with no guarantee to Sasak or RnP that it will be adjusted later.
ICE/Wentz stated that 'it would be- appropriate to approve the maps and
establish the legal descriptions.
Hardy Strozier, continuing with his report until L - A, the City Engineer can suggest some language
addressing the concern regarding new condition #11,
reviewed the following changes: page 3, Grading, item #11, should read "The applicant shall submit
to the City Engineer the total cost estimate and post surety for bonding purposes of all grading and
execute an agreement guaranteeing completion of all grading prior to approval of the final map.";
item #37, on page 6, Streets, should read 11 ... right-ofway improvements shall include but are not
limited to undergrounding of existing overhead utilities"; add condition #53, on page 8, Streets. to
read'. "Through access to' Larkstone Drive shall be provided with a future ability to close , of f the
access if so desired by the City"; properly spell "Prior" in item #13, on page 12, of the Conditions; add
a new condition on page 14, Applicable EIR Mitigation Measures, to read, "Applicant shall comply
with the mitigation monitoring program to implement the required EIR mitigation measures. 11; strike
item 10.k. on page 17, "Commercial siteprovided adequate ventilation system for enclosed parking
facilities" and reletter those conditions, and add a new- condition 10.m. to read "The applicant for the
commercial enclave shall develop and submit for Community Development Director review and
approval, a trip reduction program.
May 24, 1993 Page 19
All the preceding changes should be repeated for the Arciero, RnP, and Sasak
conditions of approval.
Hardy Strozier then reviewed the changes made to the RnP Development
Agreement: item 3. Term, on page 5 should properly indicate "no effective date";
item b., on page 11 and page 12, should properly indicate $50,000; item c. on
page 12, should "indicate a one year guarantee"; and the full RnP address,
which is 4439 Rodelia Drive, Claremont Ca., 91711, will be put on page 23. He
then explained how the references to "findings" under each one of the topical
headings are dealt with.
Hardy Strozier then reviewed the changes made to Exhibit IICII, the Master Plan:
add, to page 5, item 3, that Larkstone Drive shall be a through street to new
street "All connecting Brea Canyon Road, and that the City reserves the right to
close the Larkstone Drive through connection at "All street in the future; change
the front setbacks, on page 9, to indicate a minimum of 16 feet and an average
of 18 f eet; and a condition on page 12, item C. 3,
indicates that there can be a . 1516 grade with the City Engineer's approval,.as
indicated in condition #34, page 6, in -the Arciero Tract conditions.
Hardy Strozier then reviewed the changes made to the Arciero Resolution: strike
the word "not" on page 4, item h.; the remaining changes are similar to the ones
outlined previously for all Resolutions. He then reviewed the changes made to
the Sasak Resolution: strike the word "not" on page 3, item h.; the remaining
changes are similar to the ones outlined previously for all Resolutions.
Hardy Strozier, in response to Chair/Flamenbaum's statement that the
Commission had requested that the home's setback not be uniformed, explained
that the way the condition is written, the concept of "averaging" is going to dictate
how the Community Development Director reviews the plans during plan check.
CDD/DeStefano suggested that the language in the condition be modified so that
it meets the intent of the Planning Commission to assure that there is not a
uniformed setback.
C/Plunk inquired why the 1 year warrantee was changed from a three year
warrantee as indicated on page 10.3 of the RnP Development Agreement.
--77-7777- 1
May 24, 1993 Page 20
CDD/DeStefano explained that it was f elt by the negotiating team that the
combination of requiring a $50,000 cash deposit, and the one year warrantee for
improvements, plus further criteria within the Development Agreement that allows
the City to deal with development improvements and warrantee f or those
improvements was more appropriate to deal with this' issue than the',normal
three year requirement seen on a typical subdivision. The commission concurred
with staff's recommendation.
Hardy Strozier suggested the language on page 10, double asterisk, of the Master
Plan be amended to add the following statement to deal - with the setback issue:
11 .... adjoining lots shall provide variable front yard setbacks of not , less than 2
feet without prior consent of the Community Development Director" or add a
statement, it ... #1 average home setback shall be staggered and minimum
setback shall be 18 f eet, providing a variety of 'front yard setbacks to prevent a
series of similar front yard setbacks."
VC/Meyer expressed his concern that by setting a minimum development standard,
you get a development that only meets your -minimum development standard.
Following discussion, the Commission concurred with the latter phrase, "...,average
home setback shall be staggered and minimum setback shall be 18 feet, providing a
variety of front yard setbacks to prevent a series of similar front yard setbacks.
DCA/Fox then suggested the following language to address the lot line
adjustment issue: "Adjustments to lot lines of lots designated by the City
Engineer between Tract No. 51253 & No. 51407 shall be identified and described
to the satisfaction of the City Engineer and shall be recorded within 6 months of
final map approval."
Motion was made by C/Plunk to continue the meeting to tomorrow night.
The Motion DIED for lack of a second.
The Commission concurred with the language as suggested by DCA/Fox.
Jan Dabney, Jan Dabney & Associates, 671 Brea Canyon Road,
representing RnP and Arciero, stated that Arciero is in agreement with the changes made to the
Resolution. RnP is generally in agreement 3—
YT r
May 24, 1993 Page --21
with the changes made, but has concern with the language on the lot line
adjustment. The owners would prefer to do a lot line adjustment for the four lots
after the tentative ' map and prior to final approval. The language does not
protect RnP if someone should die, nor does it indicate where the lot line
adjustment ends. The language should indicate that RnP will do a lot line
adjustment, Sasak will do a lot line adjustment which will effect lots #46, #47,
#48, & 149 of the parent tract. The concern of the lot line adjustment is that since
the Sasak Corporation does- not have a development agreement, it has revoked
all the protection that the development agreement would render to Mr. Forester
and equally to Mr. Patel.
DCA/Fox suggested the following language: "Adjustments to lot lines of lots
mutually agreed upon by the City Engineer and applicants for Tract No. 51253
and No. 51407 shall be designated on each tentative tract map and shall be
recorded on each final map."
Jan Dabney stated that he is in concurrence with the language suggested by
DCA/Fox. The Planning Commission also concurred with the suggested
language.
VC/Meyer inquired how the secondary access for the Arciero project will be
provided.
Jan Dabney stated that the current presentation on the Master Plan is to allow
emergency secondary access to the commercial site. There will be a full street
section that will be turf blocked or landscaped to discourage commercial traffic or
cut through traffic coming through the Arciero tract. In addition to that specific
access, Mr. Arciero is providing pedestrian access through a trail up to the South
Pointe School. Mr. Arciero meets the County requirements for a tract this size,
with this circulation pattern. The entire system allows you to get out to Brea
Canyon Road.
Hardy Strozier suggested that another sentence be added to condition #52, on
page 7, Conditions of Approval under Streets, to read, "said access shall be
improved across enclave 4 (the commercial.site) to Brea Canyon Road until such
time that enclave 4 is improved with its temporary access." The City Engineer
concurred with the suggested language.
VC/Meyer inquired if increasing the street section of street A, along the southerly portion
of the 7 7
May 24, 1993 Page 22
commercial Site 'to include an 8 f oot wide raised landscape median' for that
street would work under the grading plan proposed.
J—n Dabne'—'y.-EOtated that the property is owned by the City—and if the City
desires to widen the road, it would not be a dramatic impact to us. However, if it is
increased,dramatically, then, because of the slope situation, the commercial is,cut
down and/or there won't be a perpendicular access to the street. However, we do
not want street A to have any commercial traffic or connection to that commercial
site whatsoever unless for emergency purposes.
VC/Meyer inquired if Mr. Forester will participate in building a reasonable street
intersection to connect to Shepherd Hills.
Jan Dabney stated that since Sasak Corp. does not have a development
agreement, there is no assurance from anyone that we will be protected. The only
way to reduce the grade enough to help Mr. Budke with the design problems is
for those 6 or 7 lots, on that piece of land, , to have the sewers drain down that
hill to Morning Sun. But there is no vehicle to allow us to guarantee that when we
are ready to develop that access will be set aside and available to us.
Motion was made by VC/Meyer, seconded by C/Plunk and CARRIED to
recommend adoption of the Resolution recommending that the City Council
certify the El and approve Vesting Tentative Tract Map No. 32400, as amended.
ROLL CALL:
AYES: COMMISSIONERS: Li, Plunk, VC/Meyer, and Chair/Flamenbaun.
NOES: COMMISSIONERS: Grothe. ABSTAIN: COMMISSIONERS: None. ABSENT:
COMMISSIONERS: None.
motion was made by VC/Meyer, seconded by C/Plunk and CARRIED to recommend
adoption of the Resolution recommending
that the City Council certify the EIR and
approval of the South Pointe Development
Agreement for Arciero & Sons, as
amended.
ROLL CALL:
AYES: COMMISSIONERS: Li, Plunk, VC/Meyer, and Chair/Flamenbaum.
OMMISSIONERS: Junk and Grothe.,
OES: OMMISSIONERS: i, VC/Meyer, and
hair/Flamenbaum.
May 24,P 1993 Page 23
NOES: COMMISSIONERS: Grothe. ABSTAIN:
COMMISSIONERS: None. ABSENT:
COMMISSIONERS: None.
BSTAIN: OMMISSIONERS: one.
Motion was made by VC/Meyer, seconded by C/Plunk and CARRIED to
recommend adoption of the Resolution recommending that the City council certify
the EIR and approval of the South Pointe Development Agreement for RnP, as
amended.
BSENT: OMMISSIONERS: None.
ROLL CALL:
AYES: COMMISSIONERS: Li, Plunk, VC/Meyer, and Chair/Flamenbaum.
NOES: COMMISSIONERS: Grothe.
ABSTAIN: COMMISSIONERS: None. ABSENT:
Motion was made by VC/Meyer, seconded by C/Li and CARRIED to recommend
adoption of the Resolution recommending that the City Council approve Vesting
Tentative Tract Map No. 51407 to develop a 94 lot subdivision consisting of 90
single family residential parcels, as amended.
ROLL CALL:
AYES: COMMISSIONERS: Li, Plunk, VC/Meyer, and Chair/Flamenbaum.
NOES: COMMISSIONERS: Grothe.— ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: None.
Motion was made by C/Plunk, seconded by C/Grothe and FAILED to continue
the matter to the next regularly
scheduled meeting.
AYES:
C/Plunk and C/Grothe departed the meeting at 12:20 a.m.
Chair/Flamenbaum recessed the 'meeting at 12:20 a.m. The meeting was reconvened at
12:30 a.m. CDD/DeStefano presented the staff report for Tentative Tract No. 51253,
Oak Tree Permit and CUP for Hillside Development for the Sasak Corporation project.
Staff was directed, at the last Planning commission meeting, to look at an alternative
May 24, 1993 Page 24
design dealing with the issue of bringing street A up from Shepherd Hills Road.
Upon evaluation, it was determined that such a design would indicate a large
retaining wall of about 20 feet in height at Shepherd Hills Road and Morning Sun
Avenue. Staff determined that such a wall, would not be appropriate, nor would
some of the other alternatives reviewed in previous meetings. It is staff Is
recommendation that, inasmuch as the new 21 lot design meets the minimum
criteria for Enclave I of the proposed South Pointe Master Plan and both adjacent
developers have agreed to the respective tract designs, that the Commission
review and recommend approval of Tentative Tract Map No. 51253 as revised for
21 lots, as well as recommend approval for the Hillside CUP and the Oak Tree
Removal Permit.
James Budke, the Design Engineer representing Mr. Patel, stated that 2 or 3
other modifications, as recommended by the commission, were reviewed with
staff, but regardless of the layout, the large retaining wall would have to remain,
which is not aesthetically pleasing nor effective from an engineering point of view.
He reviewed the various problems associated with the design. There is no benefit
or compelling reason to locate this intersection at Shepherd Hills Drive. The
tentative map, designed with 21 lots, presented at the May 6, 1993 meeting, is
the preferred design.
VC/Meyer pointed out that the earlier project presented this evening had a similar
design as this one, and that received staff Is approval but this one is being
recommended against. We have a responsibility to those people on the cul-de-
sac to try to preserve the neighborhood as best as possible. The traffic will dump
on Morning Sun. VC/Meyer concurred that the design presented is bad in terms
of the improvements that would have to be made. However, it appears that the
research has not been allowed to go far enough. The engineering analysis should
have gone beyond the property boundary, to look where a series of retaining
walls may be installed on the RnP project to lower some of the grades and reduce
the impacts at the alignment. The Master Plan should have considered the
impacts caused on the surrounding communities, and should have attempted to
minimize them.
Chair/Flamenbaum declared the Public Hearing opened.
7 " I,- " f, , 0- "ou
May 24, 1993 Page 25
Barbara Beach Cushane, a resident, expressed her concern that the South
Pointe Master Plan was heard last on the agenda, giving a perception that the
citizens of this community come last. Agenda items should be taken in the order
listed, barring a significant emergency. She stated that when changes are made
to a proposal or project, a public hearing should be reopened to provide an
opportunity to respond to the changes. She then pointed out that much effort has
been made to protect the quality of life of those living on Morning Sun, and the
same consideration should be given to all citizens of Diamond Bar.
Elizabeth Hodges, residing at 1604 Morning Sun, stated that the following
individuals have commented on the inadvisability of putting a street through to
Morning Sun: Frank Menesees, a section head of the LA County Department of
Regional Planning, commented in Chapter 5, page 8 in the EIR; Todd Chavers,
Chairman of the Traffic Commission; John Beke, a member of the Traffic
Commission; and Carl Blum, Assistant Deputy Director County of LA Department
of Public Works, Planning Division. She stated that since Mr. Budke has pointed
out how difficult it is to develop Mr. Patel's property, then perhaps it should not be
developed.
Don Schad read a variety of letters from 7th graders concern with the
environment. and with overdeveloping the community.
Max Maxwell stated that he did receive a response from Mr. Beier stating that the
statement made in the article regarding cougars was incorrect. Mr. Maxwell then
stated that since there is no General Plan, then the item should be tabled. He
inquired how the RnP property was changed from Building Restricted/Park to it's
current classification.
Chuck Bowler, residing on Morning Sun, suggested that if the plans were
modified to tie the road in with the one with RnP, moving all the homes over so
that there is back to back lots, the project would be more aesthetically pleasing.
There should not be a double sided row of homes.
Hearing no further testimony, Chair/Flamenbaum declared the Public Hearing
closed.
VC/Meyer stated that though the project does not fit well, and does not seem to
take into consideration other constraints of the site, it
Xay 24, 1993 Page 26
will probably function. He then, -made. -the —f pllowing comments: the condition of
the 18,000 dollars of off site sidewalk area to be installed in the County should
be in the recommended conditions; paying the minimum Quimby Act fees is not
paying a fair share for burying -the blue line stream, and tearing out all the- Oak
Tree; and additional assessment should be made that will be used directly for the
improvements of the park site that will be provided on the RnP site. He then
inquired if, at the end of this project, if the City will end up with a developed park
site that is functional, or just a level pad.
CDD/DeStefano stated that the City will have a graded active park site, plus a
significant amount of revenue coming from the other two developers in term of
their park improvement fees. The formula used f or the Quimby Act f ees is based
upon the value of the property and other things. The fees will be in the range of
about $1,500/DU.
VC/Meyer suggested that another $3,500 dollars per lot be added for open space fees to be used
directly for the impro vement of the park.
ICE/Wentz, in response to VC/Meyer I s inquiry if there is another design solution
for that intersection, stated that, from an engineering point of view, the May 6,
1993 design is the most practical of the - alternative designs presented. That
particular design may also discourage some of the cut -through use being
anticipated through that area. Other innovative things could also be done in the
entire development area to help discourage the potential problem of cut-thrpugh
traffic.
CDD/Destef ano, in response to Chair/Flamenbaum, stated that, on the present
proposal, there is a significant slope between lots #13 through #18 and the RnP
property that may be an appropriate location to replant a majority of the series of
oaks.
Hardy Strozier pointed out that the Mitigation Monitoring Program can provide an opportunity to do off
site mitigation for the Oak Trees.
Motion was made by C/Li to deny the project. The Motion DIED for lack of a second.
VC/Meyer stated that there has been a significant amount of opposition to the
entire project itself,
May 24, 1993 Page 27
L and perhaps they should be allowed an opportunity to back up their commitment to total preservation. MPT/Papen has
expressed sofa4 interest in putting a bond issue on the next election to generate
the revenue to acquire open space, and perhaps the Commission should
recommend that the Council entertain this option.
Motion was made by VC/Meyer to recommend to the City Council to entertain the
feasibility of putting a - bond issue on the next election to purchase open space.
DCA/Fox stated that it would be advisable that the Commission not take action
on something not on the agenda.
The Motion DIED for -lack of a second.
Motion was made by Chair/ Flamenbaum, seconded by VC/Meyer and CARRIED
to approve the Resolution for Tentative Tract Map No. 51253 for the 21 lot
subdivision, as amended with the additional assessment of $3,500/DU for off site
park developments, and the $1,800 dollars for off site sidewalks.
ROLL CALL:
AYES: COMMISSIONERS: V C/ M e y e r a n,d Chair/Flamenbaum.
NOES: COMMISSIONERS: Li.
ABSTAIN: COMMISSIONERS: None.
Motion was made by Chair/ Flamenbaum, seconded by VC/Meyer and CARRIED
to approve the Resolution on the Hillside Management Ordinance CUP and Oak
Tree Removal Permit, as amended by staff.
ROLL CALL:
AYES: COMMISSIONERS: V C/ M e y e r a n d Chair/Flamenbaum.
NOES: COMMISSIONERS: Li. ABSTAIN: COMMISSIONERS: None.
ABSENT: COMMISSIONERS: Plunk and Grothe. REORGANIZATION: Motion
was made by Chair/ Flamenbaum, seconded by VC/Meyer and` CARRIED to table the matter to the next meeting.
Chair/Flamenbaum requested that the matter of
recommending to the City Council to f loat a bond
Xay 24, 1993 Page 28
act f or the purposes of Purchasing open 'space within the City of
Diamond Bar be placed on the next agenda.
Chair/Flamenbaum also requested that staff put on the agenda as soon
as possible the proposed changes to the Towne Center Plaza entrance.
ADJOURVMENT: Motion was made by VC/Meyer, seconded by C/Li and CARRIED
UNANIMOUSLY to adjourn the meeting at 1:40 a.m.
Respectively, Ja es
DeStefano Secretary
Attest: Bruce
Flamenbaum Chairman