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HomeMy WebLinkAbout8/8/1994— — —1 gH,w,JJIL.LnI,,.xu likax6exJ Mi, MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 8, 1994 CALL TO ORDER Chairman Meyer called the meeting -to order at 7:03 p.m. at the South Coast Air Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by VC/Plunk. ROLL CALL Present: Chairman Meyer; Vice Chairwoman Plunk, Commissioners: Flamenbaum, Schad, and Fong Also Present: Community Development Director -James DeStefano; Assistant Planner Ann Lungu; Associate Planner Rob Searcy; Interim City Attorney Michael Montgomery; Engineer Consultant Mike Myers; Consultant Karen Warner; Administrative Secretary Marilyn Ortiz C/Flamenbaum arrived at 7:35 p.m. MATTERS FROM THS AUDIENCE/PUBLIC COMMENTS Max Maxwell, 3211 Bent Twig Lane, feels the slope density issue should again be opened to public comment. He stated the Hillside Management Ordinance should have been included in the Land Use Element and not the Housing Element. Wilbur Smith, 21630 Fair Wind Lane, asked if the Planning Commission{feels any obligation to consider the General Plan prepared by GPAC or is the Planning Commission working independent of the GPAC document. Chair/Meyer responded the document being reviewed is the General Plan presented by the General Plan Advisory Committee. The Planning Commission is acting in an advisory. capacity, reviewing the document, "and making recommendations to the City Council based upon the State law. Chair/Meyer declared the public comment portion of the meeting closed. August 8, 1994 CONSENT CALENDAR Page 2 Planning Commission 1. Minutes of July 11, 1994 VC/Plunk referring to Page 7 asked that "carried unanimously" be corrected to reflect the actual split i vote. Correct the spelling in the first sentence on Page 12 to read: "Make the fact known..." C/Fong requested Page 4, line four from the bottom, "to applicant's property" be correct "to appellant's property". On Page 6, third paragraph from the bottom, second line, he questioned the term "knitted" soil. CDB/DeStefano suggested the sentence be changed to read: "C/Schad indicated his concerns with the retaining wall, the footings, and the soil." C/Fong continued, on Page 14, third paragraph, correct spelling of Christopher Lee to "Li". C/Schad requested corrected spelling of his name. Chair/Meyer suggested the minutes could be shortened.', A motion was made by VC/Plunk and seconded by C/Schad' to adopt the minutes as amended. The motion was carried 4-1 with the following roll call vote: AYES: COMMISSIONERS: VC/Plunk, Schad, Fong, Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Flamenbaum CDD/DeStefano explained the city is currently taking bids for a new transcriptionist. PUBLIC HEARING 1. Conditional Use Permit No. 93-3, Variance No. 93-1, Oak Tree Permit No. 93-1, Negative Declaration No. 93-5. AP/Lungu reported that on May 24, 1993 the Planning Commission approved Variance No. 93-1, Conditional Use Permit No. 93-3, and Oak Tree Permit No. 93-1 with conditions as stated in Resolution 93-13. Condition (X) of this resolution stated that the grant shall be valid for one year and must be exercised (i.e. August 8, 1994 Page 3 Planning commission substantial construction including but not limited to grading, footings, foundations etc.) within that period or the grant would expire. A one year extension may be requested in writing and submitted to the city 30 days prior to the expiration date of this grant. In addition, a grading and drainage easement was to be obtained prior to the recordation, and recorded prior to the issuance of a grading permit. As a result of these conditions, on June 6, 1994, the engineer for the subject property submitted a letter dated May 23, 1994 requesting an extension of time. The letter indicates there were difficulties regarding the slope and drainage easements and the proper legal terminology for the recorded document. Resolving these difficulties to the satisfaction of the City Engineer took longer than anticipated. The signature of the property owner of Lot 158 could not be obtained until after June 1, 1994. Therefore, an extension of time was needed. The only change from the previously approved resolution = is the deletion of a retaining wall between lot 156 and lot 158. Since the Planning Commission's approval, the applicant has worked with the City to meet all of the conditions of approval. There are a few outstanding conditions, which will be met prior to the issuance of the grading permit. After conferring with the City Engineer and reviewing the conditions of approval, it appears the applicant will be ready to obtain a grading permit in the near future. Although the Code permits a one year extension; staff believes a six month extension of time is adequate. - Staff recommends the'Planning Commission grant a six month extension. Carl Cobbins, Engineer for the project, stated all of the conditions have been met and easements have been recorded. Chair/Meyer asked why it has taken a year to obtain the - signatures and the easements. Mr. Cobbins responded part of the reason was getting the final approvals from the City's Engineering Department. The problem was the wording of the F — III V flildH August 8, 1994 Page 4 Planning Commission easements and changing City Attorney during the process. CE/Myers stated the applicant needs to start the work immediately because of the rainy season. If there is not substantial work done, damage could -be caused to this project and adjacent properties.. Chair/Meyer asked if the request for an extension might be a delay tactic. CE/Myers responded he could not speak to the motivation of the: client. Jake Williams, owner of the property, stated the biggest conflict was the confrontation with the prior City Attorney. The two attorneys seemed to have different views of how the easements should be worded,' and it took months to resolve. He indicated he had been trying to get the project completed for three or;' four years. Finally, he put the matter in the hands of the professionals. It is still not resolved. He further stated he is very motivated and has only stopped work because of the City. In response to Chair/Meyer, Mr. Williams stated he' could complete the work within 20 days. VC/Plunk-asked if the work could be completed by p October 15. CE/Myers responded there is considerable shortage of fill material which could seriously impact any progress of the work. He continued that if the work is not completed by October 1, he would like to see a ! submittal of an erosion control plan. It is feasible to complete the project by October 15. a Chair/Meyer declared the public hearing closed. A motion was made by VC/Plunk and seconded by C/Schad to grant the six month extension with the understanding that substantial grading will be completed by October 1, 1994. If not, an erosion control plan will be prepared to the satisfaction of the City Engineer. The motion was carried 4-1 with the following roll call i UE vote: >j August 8, 1994 Page 5 Planning commission AYES: COMMISSIONERS: VC/Plunk, Schad, Fong, Chair/Meyer NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Flamenbaum ABSENT: COMMISSIONERS: None OLD BUSINESS - None Chair Meyer directed staff to respond to a letter received from the Diamond Bar Country Estates Association regarding the development of Tract No. 47850. NEW BUSINESS - None CONTINUED PUBLIC HEARING: 1. ADOPTION OF THE 1994 DRAFT GENERAL PLAN A. HOUSING ELEMENT CDD/DeStefano reported the Planning Commission concluded the last meeting with a discussion regarding Page II -14, Table II -4. The numbers, in terms sof potential residential development, have been modified and will again be modified pending further review. The numbers also change on Page II -16. The issue is insuring that proper sites have been identified where vacant land exists. Chair/Meyer declared the public hearing open. Max Maxwell, 3211 Bent Twig Lane, stated the Planning Commission should follow the guidelines of the Hillside Management ordinance in the development of a slope density formula. Wilbur Smith, 21630 Fair Wind Lane, indicated he agrees with Mr. Maxwell. He further stated he believes the emphasis should be on the number of units rather than on the buildable land. The Hillside Management r Ordinance should be written after the policy statement is made in the General Plan. j i Bob Huff, 1641 Firehollow Drive, commented the completed revisions are well done. The GPAC slope August 8, 1994 page i Planning Commission d;ai density formula together with the Hillside Management Ordinance results in a no -growth situation. He further observed natural hillsides are nice, but landscaped open space is not a sin. He encourages the Planning Commission to support clustering houses to maximize open space. Steve Nice, 2621 Rising Star Drive, stated in his opinion the Planning Commission should review the plan submitted by GPAC to determine any technical and/or legal difficulties. This is a citizens' based committee and a citizens' prepared General Plan. It should be edited and passed along to the City Council. Gary Neely, 344 Canoecove Drive, referred to the chart on Page 11-14. He indicated the chart is not accurate according to the information he has. He offered a revised chart to the Planning Commission. Wilbur Smith stated he did not understand how the Planning Commission can take information from a private citizen. CDD/Destefano indicated the table is a result of the GPAC Land Use Map. When the Planning Commission concludes its recommendations for the Land Use Map, the table will be refined. RECESS: Chair/Meyer recessed the meeting at 8:40 p.m. RECONVENE: Chair/Meyer reconvened the meeting at 8:50 p.m. C/Fong suggested the Planning Commission defer the housing density portion of the Housing Element to a later date and continue with the Housing Element beginning on Page II -17, Government Restraint, finish the Housing Element and go into the Circulation Element. VC/Plunk indicated she has sufficient information to proceed with the Housing Element. However, there is an alternative document on the Circulation Element recommended by the Traffic and Transportation Commission. The Planning Commission needs concurrence as to which document will be utilized." August 8, 1994 Page 7 Planning Commission Chair/Meyer announced the Planning Commission would continue with the Housing Element and defer the Circulation Element to a later meeting. As a result, CE/Myers was excused from the meeting. C/Flamenbaum requested that Page II -21, paragraph four, the last sentence be changed to read: "The 800 acre Tres Hermanos parcel will also require installation of infrastructure." Staff was directed to update b. Land and Construction Costs, on Page II -21. Responding to C/Flamenbaum, Karen Warner recommended the first sentence of the last paragraph on Page II -21 be omitted. The Commission concurred. C/Fong indicated "the" should be stricken from the fifth paragraph, Page II -21 so the sentence reads: "In addition, Diamond Bar is a "housing rich/jobs poor community", and needs the limited amount of commercial ° land designated in the General Plan to maintain its tax base to serve the residential population." VC/Plunk suggested the second sentence of paragraph two on Page II -21 be changed to read: "Development on such severely sloped parcels may require modification to the natural terrain which significantly adds to the cost of development. She further stated "moderate to high" should be stricken from the first sentence of the third paragraph, Page II -21 so the sentence reads: In addition to slope constraints, many of the hillsides in Diamond Bar have a potential for landslides." C/Flamenbaum recommended the second paragraph, e. Contractual Constraints, be removed. Chair/Meyer requested that paragraph three under d. Speculation, Page II -23, be stricken. VC/Plunk suggested "open space" in the third paragraph, e. Contractual Constraints, Page II -23 be changed to "vacant land" so the sentence reads: "Major vacant land areas in Diamond Bar subject to development restrictions are mapped in Figure II -3.11' �rRe C/Fong recommended titling the Figure II -3 map on Page II -24 "General Locations of Vacant Lands Subject to --7- August 8, 1994 Page 8 Planning Commission Development Restrictions". The commission directed staff to reword Goal 1. Page II -26. C/Flamenbaum recommended changing Strategy 1.1.1, Page II -26 to read: "Where feasible, consider commercial/office developments which propose a residential component as part of an overall mixed use concept." C/Flamenbaum recommended changing the first sentence of Strategy 1.1.2 to read: "Ensure the City's development standards do not unduly constrain the creation of affordable housing." VC/Plunk questioned the legality of Strategy 1.1.10 on Page II -27. Karen Warner responded that whenever the City is offering some form of concession, additional restrictions may be placed on those units. I' C/Fong recommended the,last bullet under Strategy ,• 1.1.6, Page II -27 be changed to read: "Maintain timely review of EIRs as required by law." VC/Flunk recommended with respect to Goal 2., Page II - 27, the prior statement be reinstated to read: "Encourage adequate housing opportunities for all �'. economic segments of the community, regardless of age, race, ethnic background, national origin, religion, family size, sex, marital status, physical conditions, or any other arbitrary factors." Chair/Meyer pointed out Objective 2.1 should indicate 1130 Low Income (Seasons Apartment)". CDD/DeStefano suggested under Strategy 2.2.1, Page II - 28, delete "counter" and add in its place "places throughout the City" so that the strategy reads: "Continue to distribute information regarding the activities of the City to assist in the resolution of f housing discrimination cases through placement of fair housing brochures at public places throughout the City and provide referrals to the Long Beach Fair Housing Council." VC/Plunk recommended adding "presently" to the last sentence, third bullet under California Housing Finance 1, I August 8, 1994 Page 9 Planning Commission � g 4 Agency on Page II -30 so that it reads: "Loans are due on sale and presently carry 3 percent simple interest." VC/Plunk suggested add "As appropriate" and strike "housing" under Strategy 2.3.8, Page II -31, so that it now reads: "As appropriate. encourage the development of child care facilities in conjunction with new development." A motion was made by C/Flamenbaum and seconded by Chair/Meyer to add back strategy 3.1.3 on Page II -32. The motion was carried 4-1 with the following roll call vote: AYES: COMMISSIONERS: Flamenbaum, Chair/Meyer, C/Fong, VC/Plunk NOES: COMMISSIONERS: Schad ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None VC/Plunk recommended adding Strategy 3.1.5, Page II -32 to read: "Enforce City's Property Maintenance Ordinance to maintain the quality of existing*- - neighborhoods." RECESS: Chair/Meyer recessed the meeting at 10:30 p.m. RECONVENE: Chair/Meyer reconvened the meeting at 10:35 p.m. The Planning Commission consensus is to include slope density in the General Plan and adopt the definition as it exists in the Hillside Management Ordinance. A motion was made by C/Flamenbaum and seconded by Chair/Meyer, that the slope density factor would initially kick in at 25 percent. The motion was carried 3-2 with the following roll call vote: AYES: COMMISSIONERS: Flamenbaum, VC/Plunk, Chair/Meyer NOES: COMMISSIONERS: Schad, Fong ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Chair/Meyer suggested that members of the Commission review neighboring hillsides and come back to address August 8, 1994 Page 10 Planning Commission the slope density factor. C/Flamenbaum suggested his motion could be revisited following the review. A motion was made by C/Schad and seconded by C/Flamenbaum to adjourn the meeting. The motion was carried unanimously. Chair/Meyer declared the meeting adjourned at 11:20 p.m. Respectfully, Janes DeStefano Secretary Attest: Ile favi r Chairman a I4;11fl 'M J��i