HomeMy WebLinkAbout6/13/1994MINUTES OF THE PLANNING COMMISSION
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 13, 1994
CALL TO ORDER
Chairkan Meyer called the meeting to order at 7:12 p.m. in the AQMD
Board Hearing Room, 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, and Schad.
Commissioner Fong arrived at 7:13 p.m.
Also Present: Associate Planner ;Rob' Searcy; Assistant
Planner Ann Lungu; Interim City Attorney
Michael Montgomery; Engineer Mike Myers;
Senior Engineer David Liu; and Contract
Recording Secretary Liz Myers
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR
1'. Minutes of May 23, 1994
VC/Plunk requested that -the minutes of May 23, 1994 be amended
to indicate the proper spelling of Terry Birrell.
Moved by C/Schad, seconded by C/Fong and carried unanimously
to approve the minutes of May 23, 1994, as amended.'
NEW BUSINESS
2. Review of Fiscal Year 94-95 Capital Improvement Program (CIP)
for Conformity with the General Plan Pursuant to Section 65401
of the Government Code
VC/Plunk suggested, and the Planning Commission concurred,
that the intersection of Quail Summit and Diamond Bar
Boulevard be added to the list of warrant studies for traffic
signals.
Chair/Meyer opened the meeting and invited those wishing to
speak to come forward.
There being no one wishing to speak, Chair/Meyer closed the
meeting and returned the matter to the Planning Commission for
consideration.
June 13, 1994 Page 2
Chair/Meyer requested clarification how the Planning
Commission can find the CIP to be in conformity_with the
General Plan without an adopted General Plan.
ICA/Montgomery, noting item B.3(c) of the Resolution requires
the proposed projects to comply with all other applicable
requirements of State law and local ordinances, regulations,
and standards, stated that the letter of -extension from the,
Office of Planning and Research (OPR) for the General Plan
allows for such a finding.
C/Schad suggested that the. Community . Services staff,
investigate ways to prevent vandalism of the lighting at Maple,
Hill Park.
Chair/Meyer questioned the appropriateness of so many traffic''
signals on Diamond Bar Boulevard in consideration of the
existing traffic congestion problem.
SE/Liu explained that the intent of the list pertains strictly'
to warrant studies to make a determination regarding the needs,
of the listed locations. He stated that staff will make a'
recommendation to the City Council to consider three traffic;
signals for this -coming fiscal year.
In response to C/Schad; SE/Liu.stated that staff is currently
working with the City of Pomona and the County regarding the'
synchronization of traffic signals on Diamond Bar Boulevard.
VC/Plunk suggested, and the Planning Commission concurred,
that the CIP list include the beautification of the City Entry
Signs with appropriate landscaping.
Moved by VC/Plunk, seconded by C/Schad and carried unanimously,
to adopt a resolution recommending approval of the CIP list,;
as amended.
CONTINUED PUBLIC HEARING
3. Conditional Use Permit No. 93-4 and Development Review No.
93-1
As'tP/Lungu presented the staff report regarding the request
made by the applicant, Dr. Akbar Omar, for approval of,
Conditional Use Permit (CUP) NO. 93-4 to allow grading within
a hillside management area, to allow live entertainment, and;
to allow the sale and on-site consumption of alcoholic
beverages in the C -M; and approval of- Administrative'
Development Review (ADR) No. 93-1 to allow the construction ofi
a restaurant at the property location of 21671 E. Gateway
Drive, Diamond Bar. She then reviewed the revisions made toi,
the project proposed at the January 24, -1994 Planning
Commission continued public hearing, as outlined in the staff'
report. She showed a rendering to the Commission illustrating
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June 13, 1994
Page 3
the materials proposed for the project. It is recommended
that the Planning Commission approve CUP No. 93-4 and ADR No.
93-1, Findings of Fact, and conditions,•as listed within the
resolution.
As'tP/Lungu, in response to C/Schad's inquiries, made the
following responses:- the proposal can be modified requiring
the uplighting of the trees proposed; signage, which is not
proposed at this time, would most 'likely be located at the
front and backside of the restaurant; a lighting plan will
need to be submitted; -and access from the restaurant to the
hotel is not provided because of the steep grade, and because
the applicant did not receive concurrence from Radisson Hotel.
In response to C/Fong's inquiries, As'tP/Lungu stated that the
balconies have been eliminated because the parking lot cannot
accommodate the needed parking spaces for the additional
seating that could be provided by the balconies. She stated
that the retaining wall will be landscaped.
AP/Searcy, in response to Chair/Meyer, stated that staff will
prepare a mitigation monitoring program, if needed for the
mitigated negative declaration, subsequent to the approval of
the project.
As'tP/Lungu, in response to VC/Plunk, stated that a conceptual
landscape plan will be reviewed by RJM to assure the proposed
landscaping is appropriate for the area.
Chair/Meyer declared the public hearing open and invited those
wishing to speak to come forward.
Syed Raza, representing the applicant, expressed his
concurrence to the conditions listed in the staff report, and
the changes suggested by the Planning Commission pertaining,to
lighting and landscaping.
C/Schad suggested that trees larger than 15 gallon be
considered to softened the architectural impact of the wall.
VC/Plunk suggested that the applicant consider planting vines
on the wall to soften the visual impact.
Chair/Meyer suggested that it may be more appropriate to plant
more moderate to fast growing trees rather than large trees
because their rate of survival are better and are least
costly.
Syed Raza stated that there was discussion with the architect
of painting the wall a darker shade to blend with the
foreground, along with landscaping, making the two story
building on top of it appear to be a floating structure.
June 13, 1994 Page 4
VC/Plunk suggested that the balcony be used as a planter �'=
rather than seating.f'
1i,,;
Syed Raza stated that the balconies, which were omitted~
because of -the lack of parking spaces, are now replaced with
a slope roof that -is part of the building. He noted that the
balconies were quite large' for just planting, and patrons
could still use them for seating, which may create a problem
for the City.
C/Fong inquired if the landscaped area -on the west side could
be used for parking.
Syed Raza explained that, because of the steepness of the
slope and existing sanitary lines, consideration of utilizing
the west side for additional parking is economically
impractical.
In response to C/Fong, Syed Raza stated that the landscaping
on the slopes are intended to prevent erosion due to runoff.
He also stated that the grade is designed to assure that
runoff is directed to the street and away from the building,
and gutters and drainage patterns are included in the design
of the building as well.
There being no one else wishing to speak, Chair/Meyer closed
the public hearing and returned the matter to the Planning
Commission for consideration.
C/Flamenbaum made the following comments: condition the
project to lant ivy on all the large walls as well as the
retaining walls to hinder graffiti; include an accommodation
for future access to the hotel in their plan so that if, in
future years, an agreement is attained, a location has already
been designated; and modify condition p., on page 6, that
security should be coordinated with the hotel so it is not the
entire burden of the restaurant.
Chair/Meyer made the following comments: the balcony is a
desirable addition to the project, particularly since there is
a significant view corridor, and it seems inappropriate for
vehicles to dictate the design constraints of a building; and
the parking standards can be modified through the CUP to allow
the balconies, perhaps requiring a trip reduction plan as a
mitigation measure for additional parking:
AP/Searcy,' concern with C/Flamenbaum`s direction to provide
accomodations for a future access, noted that, because of the
change in elevation, it will be difficult to provide access
between the two lots. ks
C/Flamenbaum stated that it would seem prudent to accommodate
an area for a potential pedestrian access between the two lots
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June 13, 1994
Page 5
in case circumstances change in the future for whatever
reason.
Syed Raza stated that the two owners of the properties have
not been able to come to -any kind of agreement due to
liability concerns. He also stated that because the slope is
on the hotel side and not the restaurant side, it is
inappropriate for the applicant to include plans without their
concurrence.
The Planning Commission concurred that providing for future
access is not feasible.
AP/Searcy presented the staff report regarding the request
made by the applicant, Jerry Yeh, for approval of a 13 unit
single family subdivision on a 20 acre site located in
Significant Ecological Area (SEA) No. 15, and for the removal
of one oak 'tree, a zone change to bring the project into
conformance with the General Plan (1992), and the
certification of the environmental document. He then reviewed
the recommendations 'outlined in the Final Report of the
Significant Ecological Area Technical Advisory Committee
(SEATAC) that met to discuss the biota report contained within
the Draft EIR. It is recommended that the Planning Commission
open the public hearing and receive comments on the draft
Environmental Impact Report (EIR) and project entitlement
requests, continue the public hearing and direct staff as
appropriate.
Mr. Smith, the City's environmental consultant from Michael
Brandmen Associates, briefly reviewed the chronology and
process of the EIR documentation for the project, as required
by the California Environmental Quality Act (CEQA) , as well as
the responses received to the EIR. He stated that the issues
Moved by C/Schad, seconded by VC/Plunk and carried unanimously
to approve CUP No. 93-4 and ADR No. 93 -1, -Findings of Fact,
and conditions; as listed in the resolution, with the
following amendments: a mitigation monitoring program to
include the grading, treatment of the walls, and the
landscaping;l,a condition addressing lighting and the glare;
balconies can remain at the option of the applicant, with the
submittal of a trip reduction plan to the satisfaction of the
City Engineer and Community Development Director; modify the
condition to' allow for a two year permit; and change the
r-
security provision, to 10:00 p.m.
i
RECESS: - Chair/Meyer recessed the meeting at 8:07 p.m.
'
RECONVENED: Chair/Meyer reconvened the meeting at 8:14 p.m.
i
s
4. Zone Change No. 92-2, Vesting Tentative Map No. 51169,
Conditional Use Permit No. 92-3, Oak Tree Permit No. 92-3, and
3
Environmental Impact Report No. 92-2
AP/Searcy presented the staff report regarding the request
made by the applicant, Jerry Yeh, for approval of a 13 unit
single family subdivision on a 20 acre site located in
Significant Ecological Area (SEA) No. 15, and for the removal
of one oak 'tree, a zone change to bring the project into
conformance with the General Plan (1992), and the
certification of the environmental document. He then reviewed
the recommendations 'outlined in the Final Report of the
Significant Ecological Area Technical Advisory Committee
(SEATAC) that met to discuss the biota report contained within
the Draft EIR. It is recommended that the Planning Commission
open the public hearing and receive comments on the draft
Environmental Impact Report (EIR) and project entitlement
requests, continue the public hearing and direct staff as
appropriate.
Mr. Smith, the City's environmental consultant from Michael
Brandmen Associates, briefly reviewed the chronology and
process of the EIR documentation for the project, as required
by the California Environmental Quality Act (CEQA) , as well as
the responses received to the EIR. He stated that the issues
June 13,_ 1994 Page 6
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addressed in the EIR, which relate to geology- and soils,
drainage -and water quality, biological -impacts, noise,,
transportation, circulation, public services, and land use,
including aesthetics, can be mitigated to a.level less than
significant, with the exception of the biology impacts. He
stated that the EIR recommends mitigation measures for the
loss of the Walnuts on site and other, associated impacts to
wildlife, which is summarized in the Mitigation'Monitoring
Program for those impacts. He explained that SEATAC suggested'
some on site mitigation measures for some of the impacts of,
the Walnuts from development of the project, with the balance,
of the impacts to be mitigated either through an in lieu feel'
I
contribution to a conservancy, or through the development of
appropriate habitat within SEA #15 at another location.
Chair/Meyer requested clarification if C/Schad has a conflict
of interest in the deliberation of the project as it pertains;
to his conservancy.
ICA/Montgomery asked C/Schad if he would derive a personal
financial benefit, from any contribution or mitigation payment
that might be incurred herein, which does not include
reimbursed expenses.
C/Schad stated for the record that he has no plans to extract
any funds for personal use from his conservancy, and that any
funds acquired for his conservancy has been utilized strictly .
for the conservancy. He stated that he would not be impacted
economically personally in any manner whatsoever if his
conservancy is chosen to help monitor and manage the subject
property.
ICA/Montgomery stated that, unless there is any evidence to
the contrary, C/Schad's declaration qualifies him to continue
participating in the deliberations and to vote on the matter.
AP/Searcy reported that 5 or 6 conservancies were reviewed and
not one of them has been designated; however, SEATAC felt it
may be appropriate to have a local agency controlling the
money.
Chair/Meyer expressed concern that, though legally there is no
conflict of interest, perceptually it seems inappropriate for
a Planning Commissioner to advocate before SEATAC'for a
revenue source to be given to his conservancy, and then be in
a position now of reviewing and making recommendations on the
proj ect .
C/Schad stated that it is not important which conservancy
manages and monitors the subject property, but rather to
preserve as much of the natural resources as possible, in the
most proper manner.
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June 13, 1999 . Page 7
ICA/Montgomery stated that it is appropriate to.endorse
programs as long as personal income or personal economic
benefit is not received.
VC/Plunk, noting that the community has expressed concern with
intertwined relationships involving City issues, stated that
there is a perception of a conflict of interest, particularly
since C/Schad is president of the conservancy.
C/Schad pointed out that the officers of his conservancy are
presidents of other conservancy, creating an interlocking
relationship among conservancies. He stated that his interest
in this type of management is trails for children, working
with schools for educational purposes, planning programs for
plant propagation in the future, etc.-
C/Flamenbaum suggested that, in order to resolve an appearance
of impropriety, perhaps it would be appropriate if the Tonner
Canyon conservancy not accept any money from this land owner.
ICA/Montgomery stated that, as long as C/Schad is willing to
confront any political attacks or criticism regarding the
conservancy, it is not. necessary for him to make such a
`�, statement.
Mr. Smith, in response to C/Flamenbaum, showed the location of
the intermittent blue line stream, as represented on the map,
as well as the location of the oak tree, the vacant single
family home, and the Schabaurum trail.
C/Schad suggested that the feasibility of propagating new
plants from nut or seed of the Black Walnut, to be placed on
the blue line area, be investigated. He requested that the
project be conditioned to require the applicant to submit a
landscaping plan for the relocation and propagation of trees,
to be reviewed by the Planning Commission.
VC/Plunk suggested that perhaps -the mitigation measures for
agricultural or recent and man made vegetation should be
different than the mitigation measures required for long term,
natural state vegetation.
C/Schad requested that there be an investigation to determine
if the existing oak tree is a hybrid, and if it can be
relocated near the area of origination by the side of the
intermitted blue line stream.
Chair/Meyer declared the public hearing open and invited those
wishing to speak to come forward.
Lex Williman, Planning Director from Hunsaker & Associates,
representing Jerry Yeh, gave a brief history of the project,
the concept plans considered, and the studies conducted prior
to submittal. He explained that all of "The Country Estates"
June 13, 1994 Page 8
811,91
standards have been used for the development, with the intent
to annex into "The Country" with separate CC&R's, utilizing
land form grading, undulation, and hillside management. He
reviewed the proposal as submitted, reviewing the relocation;
of easements, the blue line stream, the replacement and
relocation of trees, biological impacts and mitigation,
measures, and grading techniques. He expressed concurrence,
with the conditions of approval as listed in the staff report,
as well as the suggestions made by the Planning Commission.
In response to C/Flamenbaum, Lex Williman explained that thee,
slope easements were dedicated to the County with the intent'
of allowing for construction of a road. He stated that they)
will definitely annex to "The Country", which requires paying
a fee; however, there will be a separate Homeowners[
Association and specific CC&R's, in conformance with "Thea
Country's" CC&R's, as well as special assessments pertinent toi
the 13 lots, such as for the pump station maintained by the::
County. He stated that the urban pollution basin will be
fenced off to protect wildlife.
Lex Williman, in response to- C/Fong, stated that the intent of
the mitigation in the landscape plan is to mix a variety of, -
plant species with the natural habitat in the area to get back'
some biological significance on the site.
C/ Schad inquired how the blue line runoff from the residences'
to the canyon will be filtered and -circulated back to the
ground. He expressed concern that any runoff into the canyon'
will cause irreversible damage.
Lex Williman stated that either the evaporated method could be
used, or pipes with holes could run under the detention basin)
so the affluent will drain through the ground, into the pipes
and down the canyon.
C/Flamenbaum left the meeting at 9:30 p.m. and returned at
9:34 p.m. `
VC/Plunk suggested that the Boy Scouts of America (BSA), the'
affected property owner, be verbally contacted regarding the'
easement for the road to Tonner Canyon. She asked for a
definition of "esocormic growth" when the project is brought,
back before the Planning Commission. She suggested that, if'
a 2:1 replacement ratio standard is desired after five years,'
it may be advisable to start with a slightly higher'
replacement ratio.
Mr. Smith explained that there are provisions in the five year
monitoring program to manage the mitigation, replacing trees,
to assure that the desired ratio is achieved at the end of the
monitoring period as well as monitoring the understory.
"�.
June 13, 1994 Page 9
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j AP/Searcy, in response to VC/Plunk, stated that, in order for
the project to be in conformance with the rest of the -"The
Country", there are no street lights included in the proposal.
Lex Williman, in response to Chair/Meyer's inquiries, made the
following responses: they have the authority to do off-site
grading and off-site street improvements for the -adjacent
property, which will be shown on the final map as an easement
for access purposes, with slopes, utilities, et al; there will
be an assessment district to pay for the sewer -system, which
will be adequately sized for the development and maintained by
the County; 184,000 cubic yards of dirt from grading will be
balanced on site; the fill material adjacent to the site,
intruding on the Blaze Trail easement by no action of Mr. Yeh,
will be removed by the applicant; and a landscape plan will
come back before the Planning Commission.
Chair/Meyer stated_ that page A-1, of the Response to Comment
document, should be amended to properly indicate that the
review period of the DEIR was through November 1993 ending
December 1993. He then requested clarification of the
response received from the EPA, which appeared vague.
-� Mr. Smith stated that the response from EPA, which is
considered a boilerplate -letter, indicated that, since there
are no Isignificant impacts in solid waste, no mitigation is
required. He concurred with Chair/Meyer that a more
appropriate additional response to the EPA is to indicate that
the area will be subject to the City's AB939 response program.
In response to Chair/Meyer,'AP/Searcy stated that the Planning
Commission has the discretion to direct staff to place
additional mitigation measures for traffic impacts in the
mitigation monitoring program.
In response to Chair/Meyer, CE/Myers stated that the concern
regarding the capacity to treat the sewage emanating from the
project has been adequately answered; however, the concern if
the local sewers are adequate to convey the sewage from the
project to be treat has not yet been answered. He stated that
the project can be conditioned to provide area capacity
studies, prior to final approval of the map, to assure that
all the routes to treatment are adequate.
VC/Plunk stated that the funding for off-site mitigation
should go to the Parks and Recreation Department as so
indicated.
In response to Chair/Meyer's inquiry regarding the City
Engineer's comment on page C-9, of the Response to Comment
document, CE/Myers expressed his satisfaction that, in the
areas absolutely relevant, the EIR was prepared adequately.
He explained that his comments were referring to minor errors
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June 13, 1994 Page 10
not relevant to the entire EIR document, nor intended to be
01'�,
included in the Response to Comment document.
John Lipman, the certified engineer and geologist employed
with Triod Geotechnical, stated that the geology on the site
is favorable, with a possible problem on lot 12 which will bel
properly monitored and stabilized as necessary. -
In response to C/Flamenbaum, John Lipman stated that there 'I
does not appear to be any slippage potential on site, and thel
rock is hard and quite stable. He stated that no evidence has
been found indicating any ancient landslides on the site.
John Lipman, in response to C/Fong's concern that the test.
pits were of limited depth of about 10 to 12 feet deep, stated'
that the geology indicates a very favorable condition over
all, and nothing implies that a condition could be buried
below those depths requiring major subsurface work. He stated
that the east -side, the only side that has a potential'
problem, has neutral bedding, which is still considered good;,
however, they will be removing more than they will be grading)
as far as fill, which will improve the stability of the slope,
in general.
Max Maxwell, residing at 3211 Bent Twig, made the following,
comments: there should be clarification if the road easement
is being reserved for future development in Tonner Canyon; .
there should be an attempt to relocate the 167 trees; the
developer should be required to submit a proposal with more
specificity; SEA #15 should be preserved; there needs to bel
further- investigation regarding potential landslides; the
Planning Commission should support C/Schad's conservancy; and
the first 18" to 24" of top soil should be scraped and'
stockpiled to be used in the replanting of the trees.
Lex Williman stated their willingness to preserve the black
earth, as suggested by Mr. Maxwell.
John Lipman, in response to C/Fong's inquiry regarding the
topography west of Gold Rock Lane, stated that a small failure'
was found way on down the slope, but it is not a major
disturbance to the area or a threat to the slope in the
vicinity.
AP/Searcy stated that the preliminary soils and geological
technical report for the adjacent property, submitted to the
City for review, did not identify any soils or geotechnical
problems that may effect this project or the adjacent project.
CE/Myers stated that staff can include conditions requiring
mitigation of adverse geotechnical problems, or dedication ofl
restricted use areas and building rights, to be prohibited to
the City. He stated that it can also be conditioned to assure
that the MOU not only grants the applicant permission to go on
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June 13, 1994
Page 11
to the adjacent property owner. to do grading work for the
road, but also allows them to go further on to the property if
other conditions are uncovered, under City staff supervision,
inspection, and approval.
C/Fong stated that, for this project, the reports and
conditions are satisfactory; however, for future projects, the
City Engineering Department should review the geological maps;
and the soils and geological report, in respect to the
property beyond the property line.
There being no one -else wishing to speak, Chair/Meyer closed
the public hearing and returned the matter to the Planning
Commission for consideration.
C/Fong requested a written report from the geological engineer
responding to the condition of potential off-site geological
conditions that could impact this site or the adjacent
property, as well as an expanded geotechnical report that
would include some of the off-site areas that would be subject
to grading.
C/Schad requested that the project be conditioned to
preserving the black earth to be used for replanting.
C/Flamenbaum requested further information regarding the pump_
station.
Moved by C/Schad and seconded by C/Fong to direct staff to
preparing resolutions recommending conditional approval of the
project, the CUP, and -certification of the EIR.
The Motion Carried 5-0 with the following Roll Call vote:
AYES: COMMISSIONERS: Fong, Schad, Flamenbaum, VC/Plunk
and Chair/Meyer
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Moved by C/Flamenbaum, seconded by C/Schad and carried
unanimously to direct staff to bring back the resolutions for
the. July 11., 1994 meeting.
PUBLIC HEARING - None
PLANNING COMMISSION ITEMS
C/Flamenbaum reported that he will be absent at the June 27, 1994
meeting due to a conflict in vacationschedules.
INFORMATIONAL ITEMS
T^full h 'I
June 13, 1994, Page 12
AP/Searcy reported that it is anticipated that GPAC will conclude,
their review of the General Plan the end of June 1994. He stated'
that the document will be brought before the Planning Commission,
for review two meetings a week for joint sessions with•the Cityl,
Council.
VC/Plunk expressed concern that joint sessions are not -productive.''
She suggested that the Planning Commission review each Element
before passing it on to the City Council with a recommendation.
C/Flamenbaum expressed objection to conducting two meetings a week,`
and only being allowed one month in the -review process, which took
GPAC 6 months.
ADJOURNMENT
Moved by C/Schad, seconded by C/Flamenbaum and carried unanimously;
to adjourn the Planning Commission meeting at 10:35 p.m.
Respectfully,
Ses DeStefano
ecretary
Attest:
JDvid er
Chairm `
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