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HomeMy WebLinkAbout3/14/1994MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 14, 1944 �CALL TO ORDER: Chairman Meyer called the meeting to order at 7:04 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Chairman Meyer. ROLL CALL: Present: Chairman Meyer, vice Chairman Plunk, Commissioners Schad and Fong Commissioner Flamenbaum arrived at 7:10 p.m. Also Present: Community Development Director James DeStefano, Associate Planner Searcy, Planning Technician Ann Lungu, Interim City Attorney Michael Montgomery, and Recording Secretary Liz Myers �- Absent: None k' MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None OLD BUSINESS - None NEW BUSINESS: 1. Planned Sign Program No. 94-2 PT/Lungu reported that the applicant, Nikko Capital Corporation, is requesting approval of Planned Sign Program No. 94-2, for the Diamond Bar Towne Center, located at 1180 S. Diamond Bar Boulevard, to prepare for future signage and to comply with Section 108, Special Conditions, of the Sign Ordinance. The applicant is not requesting- new signage at this time. She then displayed photographs, utilizing the overhead projector, exhibiting existing signs in the neighboring shopping centers, as well as photographs of the signs within the Diamond Bar Towne Center. It is recommended that the Planning Commission approve Planned Sign Program No. 94-2, with the Findings of Fact, and conditions as listed within the attached resolutions. C/Flamenbaum inquired if the Sign Program is required to include addresses on the sign. CDD/DeStefano stated that a statement can be included into the _ Sign Program indicating that each use within the shopping center shall incorporate address numerals to identify its address in accordance with the Building and Fire Codes. March 14, 1994 Page 2 PT/Lungu, in response to C/Schad, stated, that the individual signs can be readily modified as businesses move in and out without damaging the monument sign., She also stated that the monument sign is illuminated. Ron Underwood, representing Nikko Capital, Newport Beach, pointed out that tenant suite numbers are to be placed above the entry door of each suite in the center, as indicated on page 16 of the sign criteria. He stated there is no objection to the condition requiring the center's address number to bel placed on the monument sign within 30 days after the adoption of the resolution. Chair/Meyer suggested that perhaps the signs under the canopy, identifying each business, should be affixed rather than hanging on chains because pedestrians may abuse the signs by, hitting them. It was the consensus of the Planning Commission that signs hanging on chains are not a problem. Moved by C/Flamenbaum and seconded by C/Schad to approve, Planned Sign Program No. 94-2 with the Findings of Fact and 1, conditions within the resolution. The Motion CARRIED 5-0 as follows: AYES: COMMISSIONERS: Flamenbaum, Schad, Fong, VC/Plunk, and Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None CONSENT CALENDAR: I I 2. Minutes �I of February 28, 1994 Moved by VC/Plunk and seconded by C/Flamenbaum to approve the minutes of February 28, 1994, as presented. The Motion CARRIED 3-0-2 as follows: AYES: COMMISSIONERS: Flamenbaum, vC/Plunk and Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Schad and Fong ABSENT: is COMMISSIONERS: None CONTINUED PUBLIC HEARING a 3. Ii Conditional Use Permit No. 94-1 AP/Searcy reported that CUP No. 94-1 is a request by the applicant, the Los Angeles County Fire Department, to locate �J 101 March 14, 1994 Page 3 an emergency helispot on an existing knoll overlooking the Pantera Park site to provide emergency fire protection for the northern portion of the City. The proposed helispot will provide service for two helicopter and support vehicles, and will be utilized for periodic training ,for the Fire Department. He presented photographs of the site, utilizing the overhead projector, and identified the road to the proposed helispot and the flight path. He reported that the project is in compliance with Section 15269(c) of the California Code of Regulations (CCR), which indicates that "specific actions necessary to prevent or mitigate an emergency" are statutorily exempt under CEQA; however, it was felt that a project of this magnitude warranted a public participation process. Staff has prepared a negative declaration that includes mitigation measures to reduce potentially adverse impacts created by the project. It is recommended'that the Planning Commission approve Conditional Use Permit No. 94-1 with the Findings of Fact and listed conditions. Chief Lockhart, of the LA County Fire Department, explained that helispots are essential to fire protection in the urban - face communities. Its sole purpose is for emergency operations when there are wild land fires in the proximity -I threatening homes. He stated that the helispot will only be utilized for emergency fire fighting operations and for training drills for the local engine companies operating the helispot, and will be conducted just prior to brush season. C/Flamenbaum, concerned with the narrow road accessing the site, suggested that perhaps it would be more appropriate to locate the helispot in the proposed Pantera Park site, rather than on the knoll, which would provide a large area for the helicopter and trucks. Chief Lockhart explained that a knoll is preferable because the helicopters, which carry about 350 gallons of water, drop upon take off. This proposed site is ideal because it is windy, which is needed to provide an additional lift for take off, and the helicopters can take off in three different directions. He stated that the existing road is adequate for utilization by the fire trucks. In response to a series of inquiries made by C/Schad, Chief Lockhart made the following comments: there will be one training drill per the three shifts of personnel on duty, a which occurs just prior to wild land fire season; there is a f possibility of an extra drill depending upon the severity of the wild land fire season; an engine company, parked near the fire hydrant, normally wets down the adjacent area to reduce dust; the area that usually creates the most dust is near the helispot, but that area will have a gravel base; the helispot is to be used strictly for fire fighting operations, not for I � � ��IVII I'�illlll��l�� � �i�lh��l �, - F-77�- March 14, 1994 Page 4 spraying malathion or other such uses; this operation is categorically exempt from CEQA, therefore, an EIR was not required; the fire personnel will provide security to keep people out of the helispot area during an emergency; and the Water Company has gates in the area to. keep people out during non -emergency times. C/Schad expressed concern that the raptors nesting in the grove of oaks to the right of the site may be disturbed by this project.. In response to VC/Plunk, Chief Lockhart made the following comments: the helispot would not be an appropriate area for the staging of emergency crews in case of a disaster; training sessions usually occur around the end of school, and the beginning of summer; helicopters would not fly directly over schools during the training operations if schools are still in session; and a drill usually lasts about a couple of hours. AP/Searcy, in response to VC/Plunk, explained that the ambient noise level, in the General Plan, is between 60 and 65, decibels. This project would create a very acute non -chronic) impact to -the ambient noise level, except when the project is in operation. He stated that the 241' berm surrounding the' pad, which is filled in with 8" of gravel, retains the runoff) to protect the Oak trees. In response to a series of inquiries made by Chair/Meyer, Chief Lockhart made the following comments: there will most Y likely be a morning and afternoon training session; there will be as few engine companies as possible at a drill; the training drills emphasize safety issues and discuss potential problems; training sessions generally start about 9:00 a.m. I'+ and end by 4:00 p.m.; training sessions may have to occur on, weekends in order to get the needed training for all threes shifts; training sessions only occur once a year; and the Fire Department's phone number can be placed on a sign on the gate if an individual needed a contact person for any problem or concern, however, most people already know how to contact the Fire Department. In response to Chair/Meyer, AP/Searcy stated the following: the pad will be totally diluted of vegetation; native,, vegetation will be placed on the prepared slopes; staff will identify the responsible party in the mitigation measures, as required by CEQA; and the approaches and departures of the) helicopters are covered by the FAA.. Chair/Meyer suggested that it may be appropriate to include a mitigation measure, under Noise in the negative declaration, indicating that if the noise becomes an intolerable problem, the property owner's units should be retrofited to mitigate the problem. HI March 14, 1994 Page s C/Flamenbaum pointed out that a developer is not required to provide mitigation measures for a once a year occasion resulting in high noise. In response to C/Fong, AP/Searcy stated the following: subdrains have been incorporated under the gravel blanket which leads back to the reservoir tank to the receiver drain that directs subsurface and surface run-off to riprap and out to the natural hydrological runoff; the City Engineer has determined that drainage is not a' problem; no slope instability problems were identified in the preliminary soils report submitted and reviewed to the City Engineer; and if any slope stability problems are identified during the final grading permits, the City Engineer will use standard UBC requirements to correct it. Chair/Meyer suggested that a condition be added allowing grading only to occur between 8:00 a.m. and 5:00 p.m., Monday through Friday, and that the streets be washed every day or every other day. C/Schad inquired if the LA County Fire Department considered utilizing the hill top south east of this proposed site,_ as an alternate site because it is totally shielded from the residents in the area. Chief Lockhart explained that the proposed site was selected due to many factors, particularly the availability of water, which is the essential factor in considering appropriate sites. C/Schad suggested that the proposed helispot project be combined with the development of Pantera Park so that the dirt would not have to be hauled through the neighborhoods. AP/Searcy pointed out that because the knoll has drainage channels, the dirt can only be exported one way .or else additional damage will be created to the flora in the area. He also pointed out that there are no final plans for Pantera Park at this time. This project needs to be constructed immediately, prior to the fire season. Chair/Meyer declared the public hearing open and invited those wishing to speak to come forward. Al Perez, residing at 703 Pantera Drive, expressed the following concerns: the fire season overlaps with the school schedule, and since the flight path goes over the school and the residential neighborhood, there is a possibility of an accident occurring; since other substances may be used to fight fire, such as chemicals, the uses of the site should be limited; other sites should be considered; and a video of a 500E helicopter landing and taking off should be shown so as 'VIII IF Il,lill March 14, 1994 Page 6 to get a better idea of noise. He suggested that there be further investigation to address all concerns. Chief Lockhart stated that the helicopters carry and utilize only water in fighting fires, with the ability to add Class A foam, which is a biodegradable detergent. He stated that pilots will not take off over a school, nor during hazardous conditions such as heavy wind. He pointed out that the pilots are the finest in the world, and are world ,renowned. He stated that the proposed site has been carefully surveyed and will ,probably be one -of the finest helispots in the County system at this time because of the availability of water, itsi various ways to take off into the wind, and the proximity to any inhabited areas. Chair/Meyer suggested that a condition be added in the CUP that no hazardous material be used on site, utilizing a state list if available. He also suggested that a condition be added that the use of the helispot would be limited to the LA County Fire Department's safety needs only. AP/Searcy stated that the CUP is strictly for a helispot for the LA County Fire Department emergency fire fighting services. He pointed out that the FAA dictates the flight pattern, which is the most qualified agency to do so. There being no one else wishing to speak, Chair/Meyer closed the public hearing and returned the matter back to the Planning Commission for consideration. C/Flamenbaum cautioned against attempting to define hazardous) materials. He stated that since the objective is to construct a helispot prior to fire season, it may not be appropriate to limit grading only on week days. He reiterated his concern that requiring mitigation measures for noise occurring only on a one time annual basis is not appropriate. VC/Plunk suggested that the neighborhood be noticed in advance of upcoming training sessions. C/Flamenbaum pointed out that requesting prior notification from a County operation may not be feasible, nor is it enforceable. Following' discussion, the Planning Commission concurred to include the following -mitigation measures in the negative declaration: o no grading trips on Saturdays o grading will be limited to the hours of 8:00 a.m. 5:00 p.m. o streets should be washed every other day during through, grading March 14, 1994 Page 7 o the grading operation will comply with the local grading ordinance, and landscaping shall comply with State Law o training sessions will be limited to the hours between 9:00 a.m. through 5:00 p.m. The Planning Commission concurred it is not appropriate to include mitigation to retrofit for noise because, as noted by CDD/DeStefano, violations of the CUP can be addressed through a revocation process, and, as noted by ICA/Montgomery, the Fire Department is already subject to the standards in the City's Noise Ordinance. AP/Searcy, upon the concurrence of.the Planning Commission, stated that staff will include a statement in the Findings of Fact in the Resolution regarding the use of only water and non -hazardous material. ICA/Montgomery suggested that condition #81' in the resolution, be modified to indicate that "the City Manager and/or designee shall monitor the noise restrictions on a monthly basis, and promptly report any violations to the City's Code Enforcement Officer who will take appropriate action." There needs to be some language in the resolution, and the mitigated negative declaration if so desired, indicating the intent that noise will be monitored. The Planning Commission concurred. Moved by VC/Plunk and seconded by C/Flamenbaum to approve CUP No. 94-1, as amended, with the Findings of Fact and listed conditions. The Motion CARRIED 4-1 as follows: AYES: COMMISSIONERS: Flamenbaum, Chair/Meyer NOES: COMMISSIONERS: Schad ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None f Fong, VC/Plunk, and RECESS: Chair/Meyer recessed the meeting at 8:35 p.m. RECONVENE: Chair/Meyer reconvened the meeting at 8:50 p.m. 4. Conditional Use Permit No. 89-528(2) and Development Review No. 92-03(1) AP/Searcy reported that the applicant, Card Investments, is requesting an amendment to the Development Review to allow the deletion of the pavers in the parking area and the Conditional Use Permit for the revision of the design of the freeway oriented sign. He stated that staff has determined that the March 14, 1994 Page 8 Planning Commission; upon approval of the project September 28, 1992, had requested the addition of pavers for internal circulation as it relates to pedestrian safety, as well as for the aesthetic contributions that they afford the site. He also stated that staff finds the new sign to be aesthetically consistent with and to substantially conform to the previous approval. It is recommended that the Planning Commission deny the request for the deletion of the pavers from the drive aisles and pedestrian'crosswalks; direct staff to ensure the installation of the pavers in a timely manner; approve the modification of the freeway oriented sign; direct the Community Development Director to review future minor modifications to the', signage on-site 'pursuant to the approved sign program and the City's sign code; and approve the proposed amendments to CUP 89-528(b) and DR 92-03 with the Findings of Fact and conditions as listed within the resolution. Chair/Meyer declared the public hearing open and invited those wishing to speak to come forward. Charles Cobb, representing the applicant, 527 S. Grand Avenue,', stated that they requested the deletion of the pavers, which were required primarily as'a'pedestrian access, upon the City Engineer's opinion that handicap access, as discussed, need not be provided. He presented pictures on the overhead, illustrating the condition of the pavers at the Country Hills' Towne Center. He pointed out that stamped concrete pavers often become unsightly after a few years and require repair or' they become a safety hazard. He then explained that they are requesting a revision to the pylon sign because there has been' a change in the previous tenant, and the new tenant would most, likely want to be included on the sign. C/Flamenbaum inquired of the installation costs of the pavers. Charles Cobb indicated that he does not have an actual estimate of the cost; however, the City is holding a bond of $12,500 for the performance of this work. VC/Plunk pointed out that, for information purposes only, the main driveway, center lane, of the Country Hills Towne Center,' need to include additional arrows indicating that traffic may go straight or turn left. C/Fong suggested that the pavers at the Country Hills Towne Center are failing due to poor design and construction. Charles Cobb explained that pavers do tend to deteriorate in time because of excessive use. Referring to the proposed project, he then stated that, except from the Burger Ring to the Honda Dealership site, there would not be any pedestrian) traffic at the areas where pavers have been suggested.'' �7 March 14, 1994 Page 9 Therefore, the pavers would only be for aesthetic purposes only. There being no one else wishing to speak, Chair/Meyer declared the public hearing closed and returned the matter back to the Planning Commission for consideration. C/Flamenbaum stated that, in consideration of the current economic conditions, he feels that it is appropriate to delete the requirement for pavers. He then concurred with staff that the revision of the sign could be handled administratively. Chair/Meyer concurred that pavers are not necessarily needed. He then suggested that perhaps the applicant should be asked to plant additional trees on site, in some of the bare spots, to help further reduce the reflective nature of the parking lot. Charles Cobb noted that the project site already has 28 trees; however, they would not object to adding a few more if so desired by the Planning Commission. R Russ Hand, the owner of the Honda Dealership, requested that there be some consideration given to ensure that the additional trees are not planted where they would block the visibility of the Honda Dealership. Charles Cobb, upon the direction of the Planning Commission, consented to planting five 15 gallon trees in a location not blocking the visibility of the Honda Dealership, and approved by staff. Moved by C/Flamenbaum and seconded by C/Schad to adopt the Resolution approving the proposed amendments -to Conditional Use Permit No. 89-528(b). The Motion CARRIED 5-0 as follows: AYES: COMMISSIONERS: Flamenbaum, Fong, Schad, VC/Plunk, and Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None CDD/DeStefano recommended the following changes to the Resolution of Denial for DR 92-03 to meet the Planning Commissions desire to approve the deletion of the pavers: change the word "Denying" to "Approving" as indicated in the j header on page 1; amend sub item #8, on page 3, first paragraph to indicate "will not unreasonably interfere," in the second paragraph to indicate "will be compatible," in the third paragraph to indicate "would provide a desirable environment," and in the fourth paragraph to indicate "would March 14, 1994 Page 10 not be detrimental to the public health"; add a condition indicating that the elimination of the pavers, or stamped concrete, be in accordance with plans dated January 5, 1993, and received and stamped by the City of Diamond Bar February 17, 1994; and add a condition that the applicant shall plant five 15 gallon trees on the Honda or Burger King site at locations to be determined by the applicant and approved by' staff. The Planning Commission concurred with the amendments. Moved by C/Flamenbaum and seconded by VC/Plunk to adopt the Resolution as amended approving Development Review No. 92-3. The Motion CARRIED 5-0 as follows: AYES: COMMISSIONERS: Flamenbaum, Fong, Schad, VC/Plunk, and Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING COMMISSION ITEMS: 5. Annual Reorganization of the Planning Commission CDD/DeStefano opened the nomination for Chairman. Moved by C/Flamenbaum and seconded by C/Plunk to nominate) C/Meyer as Chairman. There being no other nominations made, CDD/DeStefano closed the nominations. The Motion CARRIED 5-0 as follows: AYES: COMMISSIONERS: Flamenbaum, Fong, Schad, VC/Plunk, and Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Chair/Meyer opened the nomination for Vice Chairman. Moved by C/Flamenbaum and seconded by Chair/Meyer to nominate C/Plunk as Vice Chairman,. I"' ii There being no other nominations made, Chair/Meyer closed the a nominations. The Motion CARRIED 5-0 as follows: n ; March 14, 1994 Page 11 I ` AYES: COMMISSIONERS: Flamenbaum, Fong, Schad, VC/Plunk, and Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 6. Planning Commission Representation on the General Plan Advisory Committee Chair/Meyer stated that the representatives to the General Plan Advisory Committee (GPAC) is -up for reappointment with the reorganization of the Planning Commission. He noted that, with his reappointment as Chairman to the Planning Commission, he will remain as a non-voting representative on GPAC, as charged by the City Council. He noted that C/Flamenbaum has been the designated member of the Planning Commission to the GPAC, and that C/Schad was also a member of GPAC prior to his appointment to the Planning Commission. Both members have been quite active on the GPAC involved with the General Plans, and both are equally qualified for participation in the General Plan process. j- 4 C/Flamenbaum suggested that C/Schad be appointed as one of the I representatives of the Planning Commission on GPAC. The Planning Commission concurred. INFORMATIONAL ITEMS: A. Verbal Report on the General Plan Advisory Committee Progress CDD/DeStefano reported that GPAC has undertaken a detailed review of the Land Use Element, as well as a review of the Vision Statement. The next meeting is scheduled for March 22, 1994. B. Commissioners C/Flamenbaum reported that the City of Brea is conducting a meeting, scheduled March 26, 1994 from 9:00 a.m. to 12:00, regarding the development of the future Olinda Regional Park. C/Schad commented on the success of the tree planting program at Peterson Park. VC/Plunk welcomed the new Commissioners to the Planning Commission. Chair/Meyer reported that MPT/Harmony invited him and the Planning Commission to spend time at the Diamond Bar V I ' HI I Illldl 1111 � , II Illll II _ I II:!III III F �� - _­_ --- "` March 14, 1994 Page 12 Sidewalk City Hall on weekends. He then welcomed the new Commissioners to the Planning Commission. C/Flamenbaum requested an update to the Union Wide project. CDD/DeStefano stated that it is anticipated that staff will be recommending a continuance for that project to a' date following the completion of the General Plan revision process. ADJOURNMENT There being no further business to conduct, Chair/Meyer adjourned, the meeting at 9:35 p.m. I, Respectively,] !James DeStefaino j Secretary Atte I4 ' �1L:K