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HomeMy WebLinkAbout5/22/1995MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION ! MAY 22, 1995 CALL TO ORDER Chairman Flamenbaum called the meeting to order at 7:18 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Vice Chairman Huff. ROLL CALL_ Present: Commissioners: Chairman Flamenbaum, Vice Chairman Huff, Commissioners Meyer, Schad and Huff. Also Present: Associate Planner Robert -Searcy; Assistant Planner Ann Lungu; Consultant Attorney Robert Owen; Consultant Engineer Mike Meyer; and Recording Secretary Carol Dennis. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Mark Hopper, 1125 Grubstake Drive, stated he represents the Evangelical Free Church. With respect to the minutes of May, 8, 1995, he asked that they be amended to reflect the spirit of the meeting. He requested that on Page 20, Paragraph 10, line 4, the word "prohibits" be amended to read "which does not include" development at this time. He further requested that the statement in the Draft Resolution be amended accordingly. C/Fong stated he believes Mr. Hopper is correct with his wording, because his understanding of the matter is that the Planning Commission does not intend to prohibit any development on the knoll. He said as a Commissioner he can make that change. C/Schad stated he concurs with C/Fong. Wilbur Smith, Diamond Bar citizen wanted to know what the Planning Commission had recommended to the City Council regarding the General Plan. Chair/Flamenbaum responded that the Planning Commission version of the Draft General Plan was distributed to the public at the time of its approval. This version was sent to the City ,Council for' their deliberation. The Planning Commission is required by Government Code to review areas of the General Plan that were not discussed. These areas were referred to the Planning Commission by the City Council; the Planning Commission held a public hearing May 22, 1995 Page 2 Planning Commission and discussion; the results were submitted back to Cit Council with recommendations from the Planning Commission. The specifics are included in the Planning Commission minute for public consumption. CONSENT CALENDAR: I 1. Minutes of May 8, 1995. C/Fong stated the wording on Page 14 is incorrect. He asked that "eliminated" be stricken and the sentence be revised to read as follows: "C/Fong recommended that t 'e shear key be reviewed and modified as appropriate on Lots 3, 4 and 5 to save the oak grove in view of favorable geological conditions indicated on the current geological map." He indicated this is what he intended to say an rd what it says on Page 14 is wrong; technically, it is incorrect. With respect to the third paragraph, Page 14, he asked that the following words be added to the end of the sentence to clarify what he meant: for unobstructed view of the canyon areas from planned streets so that the sentence reads: "C/Fong recommended that the lots be staggered and that spaces be left between the lots for unobstructed view of the canyon areas from planned streets." C/Meyer stated he has a problem with adding verbiage of what should have been said and the way it is thought to be at this time. The minutes are suppose to be an abbreviated action type, of minutes that reflect what occurred at the meeting. He indicated he has no problem changing C/Fongs statement to "modified" rather than "eliminated" because he believes that is what C/Fong said. He stated he does not concur with adding clarification to paragraph 3. C/Fong stated he did mention for unobstructed views in canyon areas but it is not reflected in the sentence. C/Meyer responded that this was not in accordance with his recollection. Chair/Flamenbaum stated he agrees with C/Meyer that the minutes should reflect what was said and what occurred. He suggested that the' minutes be tabled and that the recording secretary review the tape to determine if the minutes accurately 'reflect what was said. C/Fong stated that with respect to Mr. Hopper's comments, he believes the minutes are incorrect. He doesn't believe the Commission meant to prohibit development on the grassy knoll. He indicated he remembers that development on the grassy knoll was to be deferred at this time. t k May 22, 1995 Page 3 Planning Commission Chair/Flamenbaum stated that he believes the minutes accurately portray what the motion was and what the Commission voted on. He indicated the recording secretary could also review this area of the tape. The minutes have to speak for themselves. C/Meyer stated the minutes reflect the true content of the motion. He reiterated that his intent was to prohibit development on the grassy knoll. A motion was made by C/Meyer and seconded by C/Schad to table the approval of the Planning Commission minutes for May 8, 1995 to the June 12, 1995 meeting. The motion was approved 4-1 with the following roll call: AYES: COMMISSIONERS: Meyer, Schad, Fong, Chair/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Huff ABSENT: COMMISSIONERS: None 2. Resolution No. 95-06: A resolution of the Planning ^'I Commission of the City of Diamond Bar approving Conditional Use Permit No. 95-1, Development Review No. 95-1, and Negative Declaration No. 95-1 which is a request to construct a two story sanctuary structure with a cellar and install two temporary modular classroom units and repealing Conditional Use Permit No. 1634(1) for a church facility located at 3255 South Diamond Bar Boulevard (Tract 33417, Lot'19). VC/Huff recused himself from this agenda item and left the dais. A motion was made by C/Meyer and seconded by Chair/Flamenbaum to adopt Resolution No. 95-06. Chair/Flamenbaum stated his understanding of the government code is that the word "prohibit" or words to that effect do not preclude an applicant from applying for a new and/or revised Conditional Use Permit at a later date. AP/Searcy concurred that under Title 22, the Conditional Use Permit addresses bringing back projects that are substantially different from a project for which the Commission has, taken action. Chair/Flamenbaum continued that it was the intent of the Planning Commission to absolutely deny building on the grassy knoll at this time. Pursuant to funding available to the applicant, there was no idea as to when such building might occur. The Commission did not believe it was in the City's best interest to approve a structure that would appreciably impact the surrounding community without knowing more about it. The Commission was May 22, 1995 Page 4 Planning Commission concerned with the issue of parking,- as well as the improvements scheduled for Brea Canyon Road and Diamond Bar Boulevard. If and when the applicant wishes to make new or revised application the Planning Commission will then make the appropriate determinations. Responding to. Mr. Hopper, C/Meyer stated it was his intent to prohibit development on the grassy knoll as an entitlement of the Conditional Use Permit, to eliminate the prohibition against spires on buildings on the site, and to eliminate the time constraints relative to evening meetings. At issue with building on the grassy knoll is that the designs are not in keeping with good land use standards. There was testimony indicating the grassy knoll is a habitat of endangered species which the environmental review did not reflect. In addition, there was testimony indicating that.the knoll is an historical site. He further stated that there should be no mistake that his recommendation for the preparation of this resolution was to prohibit development on the grassy knoll. As the Planning Commission has reviewed and modified conditions placed on the property by' Los Angeles County he indicated he would expect future Planning Commissions to consider the information provided by the applicant for future development on the grassy knoll. He stated.that it was his intent that if the applicant wished to develop the grassy knoll area, an amendment would be made to. the Conditional Use,'Permit for consideration by the Planning Commission and the City Council at a future date. The plans that we're submitted by the applicant have significant impacts on the surrounding development. Mr. Hopper responded to Chair/Flamenbaum that he would need to go to his board of directors for direction on whether to continue with the matter or withdraw the application. He requested a continuance. AP/Searcy admonished the applicant to be aware that this application was brought before the Planning Commission in order to lift a condition of approval that terminated the Conditional'Use Pernit in November, 1995. If action is not taken by that time, the CUP will terminate and no additional development under that Conditional Use Permit would be permitted. In addition, no action taken by the Planning Commission relieves the due process procedure that is provided under the code. Due process for requesting any change at an additional time is always present. It is not precluded by any element of this Resolution. Responding to Chair/Flamenbaum, Mr. Hopper stated that the Resolution should be adopted if it is understood by May 22, 1995 Page 5 Planning Commission the City that the applicant has the right to return to the Planning Commission with an amended plan for the unused portion of land. AP/Searcy stated that this is guaranteed under Title 22. In addition, comments put forth this evening are recorded in the meeting minutes and become a matter of public record. The motion to approve Resolution No. 95-06 was approved 4-1 with the following roll call: AYES: COMMISSIONERS: M e y e r , Chair/Flamenbaum, Schad, Fong NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Huff ABSENT: COMMISSIONERS: None VC/Huff returned to the dais. CONTINUED PUBLIC HEARING: 1. Tentative Parcel Map No. 23382, Conditional Use Permit No. 92-1 and Oak Tree Permit No. 95-2. TPM No. 23382 (pursuant to Code Section 21.24) is a request to subdivide a 2.55 gross acre parcel into four residential lots ranging from .55 acres to .90 acres. The tentative map also includes the following: Conditional Use Permit No. 92-1 (pursuant to Code Section 22.56.21,5 and the Hillside Management Ordinance No. 7 (1992)) which is required to protect resources contained in a significant ecological area and for hillside management in areas where grades are in excess of ten percent; and Oak Tree Permit No. 95-2 (pursuant to Code Section 22.56, Part 16) which is required to preserve and protect an existing oak tree. Applicant: Hunsaker and Associate Inc., 10179 Hunnekens Street, San Diego, CA 92121 Property Owner: Warren Dolezal, 4251 South Higuera Street, San Luis Obispo, CA 93401 Property Address: 3000 block (North side) of Steeplechase Lane between Hawkwood Road and Wagon Train Lane, Diamond Bar Lex Williman, Planning Director, Hunsaker and Associates, Inc., stated the purpose of the starter pads is to meet the intent of the Hillside Management Ordinance. He pointed out a clarification of proposed development standards, Exhibit "B", for Parcel Map No. 23382. A 40 foot rear building setback is proposed for each lot. The May 22, 1995 Page 6 Planning Commission intent is to have the units step down the pad to overcome the massing issue. The maximum massing is 35 feet. Condition #17, relating to the cul-de-sac extension off of Hawkwood Road'is an issue for the applicant. There is no opposition to putting in the knuckle and the appropriate improvements. However, the applicant does oppose having the cul-de-sac with the knuckle. We would ask that the Planning Commission approve, as an option: the knuckle; eliminate the standard cul-de-sac; include -a turn -around with a gated private driveway access; an retain the required emergency access to the Las Brisag Condominium project. Responding to Chair/Flamenbaum, Mr. Willi.man stated Hawkwood Road specifically' services four units. The concern is that a public facility is being built in a private area since Steeplechase Lane at Hawkwood Road becomes "The Country Estates". Since "The Country Estates" is a gated community, this junction was intended to be gated for emergency access purposes only and not to provide public access. There are some technical concerns with this approach. As a result of a profile for Steeplechase Lane, a water line was installed on Hawkwood Road with a turn into.Steeplechase Lane to Wagon Train Lane. The Hawkwood Road grade up from Steeplechase Lane is approximate ly'l2 percent. A typical maximum grade for a cul-de-sac is 5 percent and he indicated his firm likes to design to a maximum of 2 or 3 percent. In order to accommodate a cul-de-sac, a severe cut would have to be made at the end of Hawkwood Road to lower the grade. The applicant's approach would,be' to use materials for the gate similar to the existing main gate for "The Country Estates" and used for emergency access only and not for through traffic. In, accordance with the wishes of the residents, there will be no public access to "The Country Estates". The applicant feels a public access at this location would be very inappropriate. Responding to C/Meyer, CE/Myers stated he reviewed the proposed modifications to the street improvements. A specific condition of approval by the Planning Commission of Vesting Tentative Map No. 47850, which is located across Hawkwood Road from the subject property, stated that Steeplechase Lane shall be knuckled and Hawkwood Road shall be cul-de-saced to City standards. Staff and the applicant have made this an issue in order to have the issue clarified by the City Council. The condition in VTM No. 47850 does not say "to the satisfaction of the City Engineer". In his opinion, it is a stark and clearly worded condition. Therefore, he indicated he is interested in clarification at this point in time. In this instance, no property frontage will be taken. Typical backing distance for firefighting vehicles is 150 10�, 1 t a it , � P_. May 22, 1995 . .. .., —•� - ..•� - ..._ -„x.x b rvHw�4 w.x4x. 4.w4a�rU nJri Page 7 , Planning Commission feet. Since there is an emergency connection provided between the knuckle and the cul-de-sac, the emergency turn around factor is addressed. The second drawing provided by the applicant shows a bull nose on the end of the existing 40 foot roadway. This does not provide an easy turn around for even a compact car. The current Hawkwood Road public right-of-way is 64 feet. Perhaps a larger bull nose could be constructed. The City's Engineering staff would accept either alternative and has no objection other than it is contrary to the condition on VTM No. 47850 and the City's standards for cul-de- sacs. He stated his understanding that the applicants for this project and for VTM No. 47850 are in agreement with respect to this issue. AP/Searcy, responding to C/Meyer, indicated the residents within a 500 foot radius were notified of this project and public hearing. In response to C/Meyer, CE/Myers stated, there have been no traffic problems in this area. In his opinion, the r� second alternative presented by the applicant is functional. The road'ending could be marked "no -outlet” to avoid inconvenience for drivers unfamiliar with the area. The conditions of approval for this project provide construction 'oto the satisfaction of the City Engineer". Responding to C/Meyer, AP/Searcy stated the cul-de-sac issue was addressed by the public and City staff during public hearings for VTM No. 47850. The condition was written because no viable alternative had been presented. The residents were opposed to an oversized area which might attract non-residents using the location for parking and other purposes. Chair/Flamenbaum proposed the cul-de-sac be placed at the end of Hawkwood Road and that the radius be increased by 10 feet. CE/Myers responded the applicant is proposing a 20 foot radius and, because he has 60 feet of right-of- way, the radius could be increased by 29 feet. He indicated he would like to see the condition "to the satisfaction of the City Engineer" with the clarification that it does not have to be to the City's standards. Responding to Chair/Flamenbaum, CE/Myers stated the cul- de-sac and knuckle roadways are separated by 10 feet of parkway. In response to C/Huff, CE/Myers stated the 20 foot setback begins at the 60 foot limit. In addition, there will be a 12 foot setback from the paving.- May 22, 1995 Page 8 Planning Commission Chair/Flamenbaum declared the -.public hearing re -opened Wilbur Smith asked where the gate will be placed on Hawkwood Road. He asked if the City intends to keep the gate locked to through traffic and .accommodate only emergency vehicles, to which AP/Searcy, responded that was the intent. He wanted to know if, a geotechnical evaluation had been completed for this project with respect to i,its impact on the Las Brisas Condominium complex. He stated he does, not feel it is appropriate to approve this project when the' City is one week from approving a General Plan.: He�cited 'a portion of the General Plan which states that lots should be one acre. He wanted to know why Project 47850 has one acre lots and this project has one-half acre lots, both of which are inconsistent with the General Plan. He requested to know what grading problems will be encountered for this project. Responding to Mr. Smith, CE/Myers stated he has no knowledge of earth movement in the Las Brisas Condominium complex area. This project has preliminary geotechnical analysis and reports which have been reviewed and approved by the City's Consultant Geologist. The preliminary report will be expanded based upon the final proposed grading and construction plans. In response to Mr. Smith, AP/Searcy stated this project is consistent with the Draft General Pian and conforms to the density allowed by the zoning. Max Maxwell, a Diamond Bar resident, stated he is concerned about the lighting of the cul-de-sac area and, its impact on the residences at lower elevations. He suggested a deep bore hole for testing. He requested to know what the tree preservation program will be for this site. He further stated this project should go before the City Council. He asked if the project is in the SEA 15. Chair/Flamenbaum declared the public hearing closed. Lex williman, responding to Mr. Smith and Mr. Maxwell, stated the applicant is concerned about additional work in the Hawkwood Road area that might interfere with existing .property right-of-ways. He indicated the geologist for this project was the on-site geologist for Las Brisas Condominium complex. The applicant states that he is unaware of any land slippage issues with the Las Brisas condo complex. The report prepared for this project is more detailed than the usual preliminary report because of the geotechnical issues associated with this City. A buttress fill at the base of this project ,.. xI JJ �tYI i. Y ,I i� .+ i. A Fl���rY M g1 �l ..t �I..�,J �i'�i.�'I ��G ��.� ..,. x�1.�� May 22, 1995 Page 9' Planning Commission 4_ was created when Las Brisas was built. He indicated at least two deep borings were completed on site and the City's geotechnical consultant reviewed and approved the preliminary report. One on-site oak tree will be preserved. Because the City felt this project was in close proximity to the SEA 15, this project went before SEATAC for their approval. This project is on the opposite side of the hill from the SEA 15. The drainage basin is away from Tonner Canyon and the storm drain goes toward the Las Brisas complex. This project will go to City Council for approval. The project proposes to annex to the "The Country Estates". Access will be provided through "The Country Estates". No public access is proposed through Hawkwood Road. The applicant believes he is in conformance with the General Plan and the current zoning. The lots for this site are much bigger and the density is much less than what would be allowed by the current zoning and the current General Plan. This project attempts to conform to what is consistent with products adjacent to Hawkwood Road and located within "The Country Estates". Responding to Chair/Flamenbaum, AP/Searcy stated that both resolutions require the approval of City Council in order for the project to proceed. In response to Chair/Flamenbaum, Mr. Williman stated the client read the resolutions. His only concern is with the condition relating to the road. Mr. Williman, responding to VC/Huff, stated the City controls the street lights. There are no street lights proposed for this project. Regarding tennis courts, standard conditions for site development plans states any lighting must be directed away from adjoining neighbors. The applicant will comply with this condition. AP/Searcy stated the standard condition reads ,that a minimum of one candle foot five feet from the surface of the tennis court is required. Mr. Williman stated he does not feel the lots are of sufficient size to accommodate tennis courts. CE/Myers indicated the street lighting condition is Engineering Condition #33. It provides only for a street light at the end of Hawkwood Road. There are no conditions for street lighting on Steeplechase Lane. Responding to C/Fong, CE/Myers stated the current geological report is preliminary and further studies will be conducted. The report is complete at this point of the project to establish, to a reasonable certainty, that the development, as proposed, can proceed as proposed. In the approval of detailed construction and grading plans, the soils geotechnical engineers will conduct additional studies, if necessary, to make additional May 22, 1995 Page 10 Planning Commissioi recommendations to match the detailed construction plans. C/Fong stated the reports seem to be 'incomplete with respect to geotechnical studies for this,project and he agrees with Mr. Maxwell that deep borings were not done for this project. In his opinion, the boring included in the addendum by Crandall is very inadequate. It does not show all of the geologic structure or details required for this type of project. He strongly recommends that detailed deep boring should be required for the City's final plan, review for this tract. In addition, there should be more details and analysis to demonstrate the adequacy of the shear key located on the northwest boundary adjacent to the Las Brisas development. Any remedial grading stipulated by the City should be self - supported for the development and be supported by any additional investigation. C/Meyer suggested that the"Buyer Awareness Package" should contain the revised building standardslpresented to the Planning Commission this evening.' "AP/Searcy agreed the standards should be included and staff could refer to the document during development review. C/Meyerr further suggested the ,applicant's proposal to include gate design standards similar to the existing 'entry gate to "The Country Estates" should be included as la condition of approval for the subdivision. He indicated his support of the project if the City Engineer is satisfied that the conditions contained in the recommendations will accommodate the additional soils and geological reports needed to be sensitive to potential ground movement. With respect to the cul-de-sac, he favors the alternative design submitted by the'applicant. CE/Myers stated Engineering Condition #35 and the Tentative Parcel Map provide for the alternative design and, as written, states that it will be constructed "to the satisfaction of the City Engineer''. Responding to C/Fong, Mr. Williman stated asphalt is proposed for surface improvement on Hawkwood Road. He indicated he would be concerned about C/Fongs proposal to use Grass -Crete on a 12 percent grade for safety reasons. Only 20 feet will be asphalt and the remainder is intended to be green area. The applicant intends to continue the look of "The Country Estates". VC/Huff stated he likes the appliant's cul-de-sac design. Responding to VC/Huff, AstP/Lunge stated the minimum 1 setback is 20 feet. The resolution proposes five-foot variations of the setbacks so that no two lots have the same setback. �� ,r�` I � May 22, 1995 Page 11:,:. Planning Commission Chair/Flamenbaum stated he feels the density is too dense even though the proposed General Plan indicates that this is an acceptable density. However, he also recognizes this is a transition area. In principle, the applicant's proposed cul-de-sac design is acceptable. However, he feels the radius should be increased to the satisfaction of the City Engineer to permit access by emergency vehicles. He indicated he supports the City Engineer's proposal that the gate structure should be similar to the current entrance gates to "The Country Estates". The building envelope should be added to the CC&R's. He indicated he is troubled by the duplications in the resolutions. He proposed that staff be directed to prepare resolutions of approval, that the resolutions relate to each other, and duplicate Conditions be eliminated. In addition, both resolutions must be approved simultaneously. He indicated he would like to see one master resolution and one underlying resolution. In his opinion, the geotechnical issues are adequately addressed in the resolutions' requirement for the City to receive final geotechnical reports to the satisfaction of the City Engineer. He stated he has a philosophical problem with conditional requirements that the applicant join "The Country Estates". He further stated he has no disagreement with requiring CC&R's to be similar to those of "The Country Estates". C/Meyer stated he has no problem with duplicating resolutions since one speaks to a Conditional Use Permit and the other speaks to approval of a Tentative Tract Map. He suggested the Conditions be sequentially numbered. These are recommendations to the City Council. As an option, the Council could choose to deny the subdivision and woD=ove the Conditional Use Permit. Therefore, it may be more prudent to have the Conditions spelled out individually. He indicated he agrees with Chair/Flamenbaum that the applicant should not be required to join "The Country Estates1l.' However, the applicant has stated their intention to freely join "The Country Estates" which he feels will be in their best interest. A motion was made by C/Meyer and seconded by C/Schad to adopt the resolution recommending approval of Tentative Parcel Map No. 23382 as amended. The motion was approved 5-0 with the following roll call: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: Meyer, Schad, Fong, V C/ H u f f, Chair/Flamenbaum COMMISSIONERS: None COMMISSIONERS: None COMMISSIONERS: None May 22, 1995 Page 12 Planning Commission A motion was made by C/Meyer and seconded by C/Schad to adopt the Resolution recommending approval of the Hillside Management and Significant Ecological Area Conditional Use Permit No. 92-1, Oak Tree Permit No. 95- 2, and Mitigated Negative Declaration No. 9-2, as amended, The motion was approved 5-0 with the following roll call: AYES: COMMISSIONERS: Meyer, Schad, Fong, V C/ H u f f, Chair/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS:. None ABSENT: COMMISSIONERS: None NEW BUSINESS - None OLD BUSINESS - N'one INFORMATIONAL,ITEMS - None PLANNING COMMISSION ITEMS: C/Schad stated, for the record, that with respect to the May 8, 1995 Planning Commission meeting reference to the Tonner Canyon Wilderness Conservancy, his response to VC/Huff should have been that the Conservancy has a set of bylaws, two directors and three officers. VC/Huff recommended that the Commission take local and regional field trips to review sites under development and sites being considered for future development in an effort to recommend improved development. In particular, he indicated he would like to visit the proposed high school site. Chair/Flamenbaum suggested the visit could be coordinated with staff's recommendations for access to the site. Chair/Flamenbaum cautioned the Commission members that they should not speculate with respect to the cause of the landslide affecting the Morning Sun Avenue residents. He further stated that if the Commissioners are approached by the press they should respond as private citizens and not speak for the City and the Planning Commission. He reminded the Commissioners that any speculation or comment could bring the City into litigation. Responding to Chair/Flamenbaum, CE/Myers presented the Commission with a schedule of events and occurrences from the onset of the landslide May 19, 1995. He indicated the property owners have had geotechnical engineers on site since early Friday afternoon. As a preventative measure to further damage, earth movement began on Sunday, May 21. Although the property is privately owned, the City continues to monitor the .,.a,...,_.,.,� *{ May 22, 1995 Page 13=4 Planning Commission progress on an ongoing basis. The City of Diamond Bar and Los Angeles County have declared a local state of emergency enabling funding to flow to private property owners to assist in the defraying of costs for remedying the situation. He stated further updates will be forwarded to Commissioners as requested. ANNOUNCEMENTS - None ADJOURNMENT: Chairman Flamenbaum declared the meeting adjourned at 10:05 p.m. Respectfully Sub 'tied, L�ert Searcy Associate Planner Attest: Bruce Flamenbaum Chairman