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HomeMy WebLinkAbout4/25/1994MINUTES OF THE PLANNING COMMISSION REGULAR MEETING OF THE CITY OF DIAMOND BAR April 25, 1994 �- xI `- 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 Chairwoman Plunk; Commissioners: Flamenbaum, Schad, and Fong Also Present: Community Development Director James De5tefano; Assistant Planner Ann Lungu; Interim City Attorney Michael Montgomery; and Recording Secretary Liz Myers Absent: Associate Planner Rob Searcy (excused) MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR 1. Minutes of March 28, 1994 Moved by VC/Plunk, seconded by C/Schad and Carried Unanimously to approve the minutes of March 28, 1994 as presented. 2. Minutes of April 11, 1994 VC/Plunk requested the minutes of April 11, 1994 be amended on page 17 to indicate the proper spelling of the "Arroyo Willow." C/Fong requested the following corrections: correctly indicate tract 47850 on page 13 middle of the paragraph; indicate the proper spelling of "Leighton & Associates" on page 13; and indicate "engineer technicians" on page 13. Chair/Meyer abstained from voting on the minutes of April 11, 1994 because he was absent at that meeting. Moved by C/Flamenbaum, seconded by C/Fong and carried to approve the minutes of April 11, 1994, as amended. AYES: COMMISSIONERS: Flamenbaum, Fong, Schad, and k VC/Plunk NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Meyer ABSENT: COMMISSIONERS: None April 25, 1994 Page 2 QLD BUSINESS - None NEW BUSINESS 3. Planned Sign Program No. 94-4 C/Flamenbaum inquired if his recent involvement in, a past litigation matter, with a tenant of Country Hills Towne Center would pose a conflict of interest regarding Planned Sign Program No. 94-4. He stated that he has no other financial' interest in Country Hills Towne Center, nor does he have any preconceived determination regarding this specific agenda item. ICA/Montgomery stated that no statutory impropriety 'exists since the source of income was not from the applicant, nor is there a preconceived finding on the part of C/Flamenbaum on the ultimate decision; therefore, there is no conflict of interest in this matter. AstP/Lungu reported that the applicant, Jacqueline Wolfe, and Landsing Pacif is Fund, the property owner of Country_Hills, Towne Center, is requesting approval of Planned Sign;Program, No. 94-4 for Country Hills Towne Center located at 2801 S.I, Diamond Bar Boulevard. She stated that the applicant is noti requesting new.signage at this time, but rather approval. of a, Planned Sign Program to prepare for future signage. She reviewed:._the proposed Planned Sign Program, which is consistent with existing signage, as outlined in the 'staff; -- report. It is recommended that, the Planning Commission approve Planned Sign Program No. 94-4, the Findings of'Fact,1_ and conditions as listed within the attached resolution. . Chair/Meyer opened the meeting and invited those wishing to speak to come forward. Jacqueline Wolfe, representing the Real Estate' Marketing Management Co. for Country Hills Towne Center, located in Santa Anna, explained that the Planned Sign Program was developed to have control of the signage presented. She confirmed that the Planned Sign Program is consistent with existing signage. In response to C/Schad, Jacqueline Wolfe stated that;'all the_ signs are currently illuminated internally, and will continue to be so with the Planned Sign Program. There being no one else wishing to speak, Chair/Meyer closed - the meeting and returned the matter to the Planning Commission for consideration. Chair/Meyer noted that the site plan submitted by the applicant does not show the Speedy Lube pad. April 25, 1994 Page 3 71 1 CDD/DeStefano explained that the Conditional Use Permit (CUP) approved for the Speedy Lube facility has ceased to exist due to its nonuse, and, as a result of the Hamburger Hamlet approval, the lot is being converted back to a parking lot designed to simulate what was there prior to the Speedy Lube proposal. Moved by C/Schad, seconded by C/Flamenbaum and carried unanimously to adopt Resolution 94 -XX approving Sign Planned Program No. 94-4 with the Findings of Fact, and conditions listed in the staff report. AYES: COMMISSIONERS: Flamenbaum, Fong, Schad, Vice Chairman Plunk, and Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PUBLIC HEARING: None PLANNING COMMISSION ITEMS C/Flamenbaum questioned the purpose of the May 2, 1,994 joint public hearing of the Planning Commission and the City Council to consider the, South Pointe Master Plan. Chair/Meyer explained that the purpose of the joint public hearing is an effort to expedite the review process of the alternative design program submitted for South Pointe to allow -the Walnut Valley Unified School District (WVUSD) to move forward with construction of the South Pointe Middle School. VC/Plunk expressed concern that, since the Planning Commission has already reviewed this project and provided a recommendation to the City Council, there may be an appearance of coercion resulting from this joint public hearing, particularly since the City Council -has not yet reviewed the project' and considered the Planning Commission's recommendation, nor have they provided action. Chair/Meyer stated that these concerns will be discussed and clarified at the meeting on Monday, May 2, 1994 with staff, Mayor Werner, and himself. He reiterated that the applicant has submitted an alternate design program for South Pointe which is substantially different from the proposal' reviewed and approved by the Planning Commission. VC/Plunk suggested that it would have been more appropriate had the City Council provided action to the originally submitted project before asking the Planning Commission to review this alternate proposal. She expressed concern that changing protocol at this time provides a precedent for special action for other special interest groups. April 25, 1994 Page 4 C/Schad pointed out that the review of this alternate project must 1I, be expedited to allow the WVUSD to remove the dirt to construct the Middle School, otherwise the School District is in a position of losing the funding that is available. He stated that the WVUSD should not be considered a special interest group. VC/Plunk inquired if a General Plan must be in place before the Army Corp of Engineers will grant a permit to move dirt across a� blue line stream. ICA/Montgomery, uncertain of the requirements of the Army Corp of, Engineers, stated that he is aware that permission to encroach a' blue line stream must be received from the State Department of Fish and Game. CDD/DeStefano stated that neither the Army Corp of Engineers nor, the Department of Fish and Game will permit the developer to encroach upon a blue line'stream until the local jurisdiction has approved the project; however, he'stated that he is unaware of any concern either entity may have regarding the General Plan issue.' He explained that the project is being processed as a result of its vesting with the land use documents and zoning in place at the timed the map was deemed complete. He stated that the City is operating under an extension of time allowing the City to process vesting tentative maps, development agreements, and so forth, as long as a finding can be made that they are consistent with the contemplated, General Plan, -and will not pose any irreparable harm. VC/Plunk inquired why the City Council desires the Planning) Commission to review the project again when the City Council has, in the past, reviewed a modified project without bringing it back to.the Planning Commission for further review. CDD/DeStefano stated that the Government Code allows the City Council a certain amount of discretion over the Planning Commission recommendation for modification; however, if the nature of the change is deemed major, and there is a question if the issue was appropriately discussed and debated at the Planning Commission level, then the project would need to come back to the Planning Commission for a quick review and recommendation to the City Council. ICA/Montgomery stated that the applicant has submitted a revised plan, which has the same effect as withdrawing the original plan reviewed by the Planning Commission, and there is specific findings ' that only the Planning Commission can make with respect to open space lots that is part of the new proposal. He stated that joint public hearings with the City Council and Planning Commission are often held in many cities. C/Flamenbaum stated that he may not be able to attend the joint public hearing on May 2, 1994 because of a conflict in schedule. He then stated that he would advise the letter drafted by the Chairman to the City Council, as directed by the Planning April 25, 1994 Page 5 Commission, not be forwarded to the City Council because it would appear that the City Council has already 'received. the message regarding the Planning Commission's concerns relating to the turmoil in the City. Chair/Meyer concurred that no positive purpose would be served by forwarding the letter at this time. He pointed out that the letter may be also inappropriate because it lacks recommendations as to how to improve the situation. C/Fong pointed out that if the Planning Commission feels a need to express a concern relating to how City business is conducted, then the letter should be sent. VC/Flunk concurred that the letter, which has been written respectfully, should be forwarded to the City Council. C/Schad concurred that the letter need not be sent. Chair/Meyer noted that it is the consensus of the Planning Commission not to direct the Chairman to forward the letter. C/Fong, referring to the scheduled joint public hearing, stated that it would be inappropriate for the Planning Commission to feel compromised in the decision making process because of the time factor involved for the WVUSD to achieve their goal. C/Schad stated that assuring minimal ecological damage to the canyon upon removal of the dirt should be the highlight of consideration. C/Schad then requested the Planning Commission to review the Tree Ordinance and recommend it for reconsideration by the City Council. He noted that the Tree Ordinance could generate real benefits from the Arbor Society, which can provide the City with some guidelines and assistance. Chair/Meyer questioned the appropriateness of sending back a Tree Ordinance recommending City Council reconsideration when the City Council has already debated the issue and provided action. He stated that if the City Council desired a review of the existing Tree Ordinance, then they would direct the Planning Commission to review it and provide a recommendation., He pointed out that the Development Code, which is inadequate and does not address City needs, also needs to be reviewed, and will need to be in place after the adoption of the General Plan; therefore, it would be prudent for the Planning Commission to have reviewed the Development Code and have it ready for implementation. He then j suggested that it may be more appropriate to place on the agenda a discussion developing a work program of Planning Commission goals and priorities, giving consideration to staff workload. CDD/DeStefano stated that staff can place an item on the agenda discussing the preparation of a work program for Fiscal Year 94-95 April 25, 1994 Page 6 that would be advisory to the City Council, which would incorporate needed staff time or consultant augmentation, and an assessment of costs to develop documents being requested. He suggested that it may be appropriate to prepare such a work program for the City Council's budget review meetings scheduled in June 1994. He then pointed out that some of the issues of the Development Code may be hamstrung by the lack of a General Plan policy document. INFORMATIONAL ITEMS C/Fong inquired what_ issues should be reviewed by the Planning' Commission regarding Vesting Tract Map No. 47850. CDD/DeStefano stated that the project will be before the Planning Commission around the end of June 1994 after the applicant has addressed some geotechnical issues, as indicated in the settlement agreement. He stated that, upon concurrence between the City's and developer's consultants that the geotechnical reports are complete and adequate, a study session will be scheduled to bring the Planning Commission up to date. He stated that a joint meeting of the Planning Commission and the City Council will be scheduled to review the geotechnical report and the findings of the City's and developer's consultants. CDD/DeStefano reported that the City Council adopted the Property Maintenance Ordinance (PMO) at the April 19, 1994 meeting, as well' as Chapter 99 as an Urgency Ordinance to remain in effect until, June 3, 1994, the effective date of the PMO. CDB/DeStefano reported that GPAC meetings have been suspended until such time that the issue regarding developer's voting rights and representation has been resolved. Chair/Meyer, noting a member of the audience wishing to speak, opened the meeting for pubic comment. Ken Anderson, residing at 2628 Rising Star Drive, expressed concern that another proprietor is seeking ABC approval for a liquor license at the establishment located at 2707 Diamond Bar Boulevard. He pointed out that there have been many problems with repeat sales to minors and other criminal activities associated with off -sale liquor establishments at that site. He pointed out that the area is designated as Professional Office, and it would seem inappropriate to consider an off -sale liquor establishment as "professional." Chair/Meyer explained that the Planning Commission cannot address Mr. Anderson's concern because it is not an agenda item; however, if it is appropriate for discussion, it will be placed on a future agenda for discussion. ADJOURNMENT ..—.mrniwV. IFI.le.rwY�Y..�lixlulx.u4uh�Hx6mN . _ ��_ �__•_ —. _. �_ ._ _ _ April 25, 1994 Page 7 Moved by C/Schad, seconded by C/Fong and carried unanimously to adjourn the meeting at 8:16 p.m. to May 2, 1994 at 7:00 p.m. in the AQMD Auditorium. VC/Plunk voted noe to adjourn to May 2, 1994 for the joint public hearing of the Planning Commission and the City Council. Respectfully, PmesDeStefano Secretary Attest-L1id Meydr Chairman i F `r