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HomeMy WebLinkAbout9/23/1996MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 23, 1996 CALL TO ORDER: Vice Chairman Ruzicka called the meeting to order at 7:10 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 Commissioner Fong. ROLL CALL: Present: Vice Chairman Ruzicka, and Commissioners Fong, McManus and Schad Absent: Chairman Goldenberg Also Present: Community Development Director James DeStefano, Director of Public Works/City Engineer George Wentz, Assistant Planner Ann Lungu, City Attorney William Rudell, and Recording Secretary Carol Dennis. I MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of September 9, 1996. C/Schad made a motion, seconded by C/Fong to approve the minutes of September 9, 1996 as corrected. The motion was approved 3-0-1 with C/McManus abstaining. OLD BUSINESS - None NEW BUSINESS - None CONTINUED PUBLIC HEARING: 1. Pursuant to Subdivision Code Section 21.16.020 Vesting Tentative Tract 52203 is a request to subdivide a 6.3 gross acre site into 16 numbered lots for single family residential development and six (6) lettered lots for streets and landscaping. This proposal is a further subdivision of Lots 92 and 93 of Vesting Tentative Tract 32400 located on the west side of Brea Canyon Road north of Pathfinder Road. Property Owner: City of Diamond Bar, 21660 E. Copley Drive, Diamond Bar, CA; and Arciero and Sons, 950 North Tustin, Anaheim, CA 92807 77=77- September 23, 1996 Page 2 Planning Commission 4 Applicant: Diamond Crest Estates, LLC, 27285 Las Rambles, Suite 230, Mission Viejo, CA 92691 CDD/DeStefano read the staff report into the record. He indicated that the applicant has responded to the Commission's concerns with respect to the access road with a graphic outlining a meandering sidewalk from Brea Canyon Road to the South Pointe Middle School and an increased (16 foot wide) landscaped greenbelt to accommodate the sidewalk and specimen tree groupings. In addition, the applicant has added landscaping on the south side of the access road and varied the block wall's plane. CDD/DeStefano stated' that since September 9, 1996, the City Council has met in closed session to discuss the Arciero & Sons offer which is the only offer received by the City for purchase of its property. The City Council directed legal sta{'f to prepare the appropriate documents to conclude sale of the property,to Arciero & Sons., Staff recommends that the Planning Commission adopt the resolution recommending City Council approve Vesting Tentative, Tract Map No. 52203, subject to the Findings of Fact, nd conditions of approval as listed within the resolution. Frank Arciero, Jr., Arciero & Sons, explained that for every additional foot the access roadway is moved northerly, 740 yards of canyon fill would be required. He indicated his engineer feels that the present roadway location is most appropriate for the subdivision, access to the school, and affords the least disturbance to the canyon. Using the topographical map, Mr. Arciero pointed out his current southerly property line to Mr. Schad. C/Fong 'stated he did not recall that any Commissioner asked the applicant for analysis of access road widening. Mr. Arciero referred C/Fong to public comments made at the September 9 Planning Commission meeting. He recalled that a Commissioner made a favorable comment regarding widening of the access road., C/Fang reiterated that he did not request the analysis because he favors a minimum street width. He indicated his September 9 request was for analysis of moving the .0 access road northerly at the Brea Canyon Road. intersection to minimize the cut on the southwest side of the intersection. Mr. Arciero responded to C/Fong that moving the road northerly would create a steeper grade. The City September 23, 1996 Page 3 Planning commission requires grades of no more than 18 to 20 percent to accommodate school busses approaching the intersection. The current alignment is no greater than five to six percent. C/Schad asked if the access road could be built at the northeast corner of the property to minimize oak tree removal. Mr. Arciero responded that the current access road alignment was previously approved by the City. in addition, the current proposal is the most feasible from an engineering standpoint to minimize land disturbance. DPW/CE/Wentz responded to C/Fong that the proposed access road's grade at the Brea Canyon Road intersection, is 1.3 percent and extends approximately 3/4 of the road distance. The steepest grade of 7 percent abuts the School District property on the extreme westerly portion of the road. The City does not permit any street grades in excess of 12 percent and prefers a street grade under 10 percent. The City considered several access road locations. As the access road is moved northerly, more dirt has to be moved and relocated. The access road was intentionally moved to the southerly portion -of the property to minimize grading. Revision of the approved map would effect the approved Tentative Tract Map 32400 building lots. C/Fong stated he is concerned with the impact to the existing oak trees at the southwest corner of the side slope. C/McManus stated that regardless of cut and fill, a more northerly access road would result in a steeper and more hazardous incline for school buses. C/Schad stated the oak grove located at the southwest corner of the property is the most dense in the City and is a nesting grove for the City's largest raptors. The nesting habitat is protected. He indicated he believes that the Department of Fish and- Game disallows disturbance of nesting habitats. He questioned where the birds will nest when the trees are removed. He asked if the grove could be preserved. Mr. Arciero emphasized he will work to save the maximum number of trees possible.He reiterated that he is before the Planning Commission to receive approval for 16 lots on an already graded piece of property. C/Schad stated that as a result of this project, there will be a loss of approximately 768 trees. September 23, 1996 Page 4 Planning Commission Mr. Arciero responded to C/Schad that he is replacing 550 trees which results in a net loss of approximately 200 trees. C/McManus stated he read the staff report and related materials, and visited the site. He further stated that he is sad to see Sandstone Canyon go. However, the property was sold to private enterprise and the applicant has a right to expect a return ori his investment. iHe further stated that in his opinion, the, applicant's proposed changes since the September 9 Planning commission meeting is an improvement and he appreciates the applicant's efforts. CBD/DeStefano responded to C/Fong that the City approved the access road alignment in October, 1994. The road alignment was part of the original environmental analysis and the mitigation measures have been approved. The access road alignment is -located on property that is not part of the application before the Planning Commission for consideration _'this evening and the property owner is not a party to the application before the Planning Commission. DPW/CE/Wentz reiterated CDD/DeStefano's statement. Mr. Arciero has submitted a grading plan to the City for Tract 32400 in compliance with his approved Vesting Tentative Tract Map. The grading plan is being approved in accordance with the approved.Vesting Tentative Tract Map. Mr. Arciero is proceeding based upon his previous approvals. The access road was placed in its proposed location to accommodate the grade issues and minimize the taking of oak trees. C/Fong asked if,moving the access road 50 feet northerly would reduce the oak tree 'cutting. DPW/CE/Wentz responded to C/Fang that if the access road was moved to the north, some of the trees close to the property line may be saved. However, the grading shown on the current grading plans does not significantly impact the southerly trees. C/Schad stated he believes the further north the access road is placed, the fewer trees will be impacted. CDD/DeStefano responded to'C/Schad that the applicant has applied for the Army Corps of Engineer and the California Fish and Game permits. The applicant is diligently pursuing this process and implementing the environmental mitigation measures as part of the application. An exhaustive site analysis was conducted as part of the original 175 acre Master Plan. The draft Environmental 11 M • - - -. ;,fit �' .-`<i. - g September 23, 1996 Page 5 Planning commission Impact Report was widely circulated and Planning Commission hearings resulted in a- recommendation of project approval and certification of the Environmental Impact Report. Two members of the current Planning Commission were parties to that action. In June, 1994 the Environmental Impact Report was certified. The document was not challenged and it is now the Environmental Impact Report of record. The canyon species and respective mitigation measures were documented by the City's paid experts. C/Fong asked staff and the applicant to convince him that application of the proposed plans will result in the least impact to trees and cut and fill. DPW/CE/Wentz explained why the proposed access road location offers the least impact to the trees and eliminates the need for excessive cut and fill. Mr. Arciero responded to C/Fong that he is obligated to 'plant approximately 554 trees. He asked for condition _ text to indicate that with respect to the landscape plan, the applicant will work with staff. He stated that the south side of the access road belongs to the School T- District. If trees are placed along the south side of the access road, they will inhibit the view of the open space. C/Fong concurred with Mr. Arciero that the view should not be inhibited. However, he would like to see trees planted in a natural fashion on the southerly portion of the access road to enhance the view. C/Fong asked staff and the applicant to minimize the street lighting. Mr. Arciero concurred with C/Fong and indicated he will work with staff. He indicated improvement plans are submitted to the Edison Company and Edison initiates the street lighting schematic. He further indicated he is happy to work with the Edison Company and the City's staff to minimize street lighting. DPW/CE/Wentz responded to VC/Ruzicka that a condition can be included which states that the applicant's lighting plans will be reviewed and approved by the City. C/Schad suggested that the access road could circle the oak grove located at the most northerly point of the property. --T--'-----i � `�P'1'T�.7Ti'i` _��, �. _ T1 � III' 7--7777 — September 23, 1996 Page 6 Planning Commission DPW/CE/Wentz explained to C/Schad that moving the access road in such a manner would further interfere with trees on the southerly portion of the property. Mr. Arciero responded to C/'Schad that the trees are being replaced at a 2:1 ratio within the boundary of the current project and the previously approved tract. C/Fong asked that a condition be included requiring the City's geotechnical consultant 'or soils engineer to conduct supplemental field investigations to check the bedding condition to determine the feasibility of steepening the slope from 2: 1 to 1 which, in his opinion, would result in a 70 percent retention' of the trees slated for removal. Mr. Arciero responded to C%Fong that approximately three months ago he expended an additional $50,000 for soils and geology work. The report indicates unfavorable bedding within the slope which will require additional buttressing. These reports are incorporated within the current grading plan. DPW/CE/Wentz responded to C/Fong that the minutes should reflect his wish to have the City review the feasibility of 1 1/2:1 slopes which may result in saving trees and reduce required grading. .He cautioned that the review should include appropriate safety factors for the site. Mr. Arciero stated that in the initial stages of the grading plan development he requested the soils and geology engineer and the civil engineer to investigate the feasibility of 1 1/2:1 slopes which would result in less grading and greater benefit to the prospective home buyer. The soils engineer recommended 2:1 slopes because of the portions of unfavorable bedding planes. He reiterated that he favors 1 1/2:1 slopes whenever possible. DPW/CE/Wentz responded to C/Schad that he does not recall that there is an earthquake fault in the bottom of Sandstone Canyon. Mr—Arciero responded to C/Schad that he believes that Sandstone Canyon does not contain Bentonite. VC/Ruzicka asked for public testimony. There being no one who wished to speak on this item, VC/Ruzicka closed the Public Hearing. C/McManus made a motion, seconded by VC/Ruzicka to adopt the resolution recommending City Council approval of September 23, 1996 Page 7 Planning Commission r Vesting Tentative Tract Map NQ. 52203, subject to the Findings of Fact, and conditions listed within the resolution. CDD/DeStefano, responding to VC/Ruzicka, suggested that Condition 5.(a) on Page 4 of Ithe Draft Resolution be amended to read: "The project shall substantially conform to plans collectively, labeled as Exhibit "A" dated September 9, 1996, and Exhibit "C" dated September 18, 1996, as submitted and approved by the Planning Commission." He suggested that Condition 61 be added to read as follows: ."The applicant has agreed to work with staff to incorporate the placement of trees along the south side of the access road to the South Pointe Middle School." He further suggested that Condition 62 be added to read as follows: "The applicant shall incorporate a meandering sidewalk, minimum 116 foot wide landscape setback, block wall undulation, and landscaping theme as depicted on Exhibit "C" dated September 18, 1996." C/McManus amended his motion to include CDB/DeStefano's recommendations. VC/Ruzicka agreed to the amended motion. The motion was approved with the following Roll Call vote: l-� -pyES: COMMISSIONERS: (McManus, VCJRuzicka, Fong NOES: COMMISSIONERS: Schad ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Goldenberg RECESS: VC/Ruzicka recessed the meeting at 8:40 p.m. RECONVENE: VC/Ruzicka reconvened the meeting at 8:53 p.m_ PUBLIC HEARING: 1. Conditional Use Permit 96-13 and Development Review 96-12 is a request for an unmanned, w=reless telecommunications transmission facility at an existing office building to be roof -mounted and a ground level equipment cabinet located at 3333 Brea Canyon Road (west side, south of Diamond Bar Boulevard). Applicant: Keith International, Inc., 22690 Cactus Avenue, Suite 300, Moreno Valley, CA Property owner: Metro Diamond Bar Property, Inc., -. 2030 Main Street #1020, Irvine, CA CDD/DeStefano read the staff report into the record. Staff recommends that the Planning Commission approve Conditional Use Permit No. 96-13 and Development Review September 23, 1996 Page 8 Planning commission 96-12, Findings of Fact, and conditions as listed within the attached resolution. Kent Norton, Keith International, Inc. stated he read the staff report and concurs with the conditions of approval. Mr. Norton responded to C/Schad that the proposed project is part of a network of wireless telecommunications Personal Communications System (PCS) repeater stations transmitting signals between mobile sources, stationary sources, and the base station. Responding to C/McManus, Mr. Norton confirmed his understanding that the proposed location is visible only from the freeway which is separated, by: a row of Eucalyptus trees. VC/Ruzicka opened the Public Hearing. Craig Clute, 21217 Fountain Springs Road, said he would like to have been notified of this project. He proposed expanding the 500 yard public notification process. He reminded the Commission that this is another project in a series of requests for similar sites in the City. He indicated he ,hopes the Commission is seriously looking into these types of installations and is current with the technology. He asked that an abandonment condition be included in the approval. C/Fong stated he concurs with Mr. Clute and asked thatlan abandonment condition be included. CDD/DeStefano referred the Commission to Condition 5.(c) on Page 4 which states: "In the event of any future maintenance problems, abandonment of use or changes in technology which render the above mentioned facility obsolete the applicant shall, upon notification by the City, remove the facility within 90 days." C/Fong asked why the proposed antenna is located in the center of the building roof. He proposed the installation be moved to the southwest portion of the building. CDD/DeStefano responded to C/Fong that the proposed location was determined to render the antenna as invisible as possible to Diamond Bar residents. Responding to C/Fong, Mr. Norton stated the proposed location was determined as 'a result of extensive negotiations between Pacific Bell and the City's staff in order for the project to meet the City's screening requirements. Originally', the antenna was proposed to be September 23, 1346 Page 9 Planning Commission r i located at the southwest corner of the building. However, at that location the antennas are visible from. Brea Canyon Road because of a break in the landscaping. The trees along the easterly portion of the property offer significant screening of the antennas located in the center of the building. The present location offers optimum screening and minimum visibility to residents and vehicles approaching the site. CDD/DeStefano stated the southwest corner of the building is adjacent to residences across Brea Canyon Road. Staff determined that the antenna should be located further away from the single family homes. Mr. Norton responded to C/ Schad that due to the project's low profile construction, other companies will not utilize the antennas. Pacific Bell co -shares other locations. C/McManus indicated to Mr. Clute that he read the staff report and the attached conditions ofapproval prior to tonight's meeting. He stated he is aware that digital transmission is possible through satellite communication which would render this site obsolete and that he was aware of the included abandonment condition. Seeing no one else who wished to speak, VC/Ruzicka closed the Public Hearing. C/McManus made a motion, seconded by C/Schad, to approve Conditional Use Permit 96-13 and Development Review 96- 12, Findings of Fact, and conditions as listed within the attached resolution. The motion was carried 4-0 with a Roll Call vote. PLANNING COMMISSION ITEMS: C/McManus thanked staff for providing him with materials,from the September 9, 1996 Planning Commission meeting which assisted him in the deliberation of Conrinued Public Hearing item 6.1. C/Schad stated he supported the University of Phoenix's request to place an additional sign at their Diamond Bar location. CDD/DeStefano indicated that on September 17 -the City Council discussed the University of Phoenix's appeal to the Planning "W_-; Commission's denial. With a 3-2 vote, City Council directed staff }to prepare a Resolution of Approval to be considered on October 1. I VC/Ruzicka stated the City Council reversed a decision which in his opinion, the Planning Commission agonized over and reached an appropriate conclusion. He indicated he -is not concerned about the City Council reversing a Planning Commission determination because September 23, 1996 Page 10 Planning Commission [I such a determination is within their purview. However, he declared he believes that in this case the City Council made a mistake. The Council should have paid more attention to the fact that the Gateway Corporate Center is only about one-third to one-half completed. He expressed his belief that, when the Center is built - out, the City will receive numerous requests - not withstanding the statement about precedents setting by the attorney representing the University of Phoenix •- to bring in more signs for a variety of issues. As a result, the City may face a large problem based on the mistaken reversal of the Planning Commission's decision. The Commission's decision was a well deliberated 4-1 vote to deny the variance. He reiterated that he believes the Commission's decision was the right decision. In his opinion, the Council did not use sound reasoning for overturning the Commission's decision. INFORMATIONAL ITEMS: CDD/DeStefano stated that with respect to the LA Cellular installation 'at Diamond Bar High School, staff recently met with Walnut Valley Unified School District, Pacific Bell and LA Cellular, and Edison Company representatives. All parties agreed to the City's requests for adding currant wood trees and fence screening, removing the temporary NexTel pole, adding their power line into the existing LA Cellular trench, and accommodating all issues presented. The LA Cellular repre-esntative indicated a desire to resolve all issues in a timely fashion. Staff drafted a letter to LA Cellular in accordance with the Planning Commission's direction. However, the letter has not been delivered because LA Cellular has continued to move in a positive direction. ADJOURNMENT: At 9:20 p.m., there being no further business to come before the Planning Commission, C/McManus moved, C/Schad seconded, to adjourn the meeting to October 14, 1996. - There being no objections, VC/Ruzicka adjourned the meeting. RespectfullZSu tted, f 6 4as DeStefano Community Development Director Attest:} Joe Ru'z i c Vice Chai(r_�