Loading...
HomeMy WebLinkAbout9/9/1996MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 9, 1996 CALL TO ORDER: Chairman Goldenberg called the meeting to order at 7:08 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 Ruzicka. ROLL CALL: Present: Chairman Goldenberg, Vice Chairman Ruzicka, Commissioners and Schad and Fong. Absent: Commissioner McManus. Also Present: Community Development Director James DeStefano, Director of Public Works/City Engineer George Wentz, senior Planner ( Catherine Johnson, Assistant Planner Ann Lungu, City .Attorney William Rudell, and _..., Recording Secretary Carol Dennis. MATTERS PROM THE AUDIENCE/PUBLIC COMMENTS: Craig Clute, 21217 Fountain Springs Road, referring to Conditional Use Permit 'No. 94-7, stated he is concerned about landscaping, undergrounding of utilities, and fuel storage. In addition, he indicated his concerns about the project's impact on the Walnut Valley Unified School District's slope revegetation and irrigation system on the southerly portion of the Diamond Bar High School property. He pointed out that L.A. Cellular's subcontractor has installed an improper drainage system and damaged the school district's sprinkler system which has resulted in erosion on the slope adjacent to Fountain SpringslRoad at Brea Canyon Road. CONSENT CALENDAR: 1. Minutes of August 26, 1996. VC/Ruzicka made a motion, seconded by C/Schad to approve the minutes of August 26, 1996 as presented. The motion was approved 3-1-1 with C/Fong abstaining. OLD BUSINESS - None NEW BUSINESS - None September 9, 1996, Page 2 Planning Commission I PUBLIC HEARING: 1. Pursuant to Subdivision Code Section 21.16.020 Vesting Tentative Tract 52,203 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 Applicant: Diamond Crest Estates, LLC, '27285 Las Rambles, Suite 230, Mission Viejo, CA 92691 CDD/DeStefano read the staff report into the record. He r used visuals to point out the location of the proposed project and the balance of the South Pointe Master Plan area. Staff recommends that the Planning Commission adopt the resolution recommending City Council approval of Vesting Tentative Tract Map No. 52203, subject to the Findings of Fact, and conditions of approval as listed within the resolution. CDD/DeStefano responded to Chair/ Goldenberg that the City has received an offer to purchase an approximately 4 acre portion of the 6.3 acre site from Arciero and Sons. The City has proceeded, through regulatory process, to offer the property for sale to other public agencies. The acceptance of offers concluded today with -no additional offers received by the City. Based upon the conclusion of the process, the City may proceed to sell the property to anyone. Mr. Arciero is fulfilling his obligations outlined within the previous Tract to seek purchase,of the 4 acres. The City will commence negotiations with Mr. Arciero in the near future. The Planning Commission may make a decision on this project based upon the stated { conditions that the applicant conclude acquisition with an adjoining property owner, especially when the adjoining property owner is a party to and cognizant of, the issues involved. The Map will not exist unless the sale transaction concludes. C/Schad asked if a park is shown to be on the proposed 6.3 acres. D CDD/DeStefano responded to C/Schad that there is no park as a component of the proposal. The applicant is L September 9, 1996 -Page 3'"'' Planning commission required to provide park in lieu fees to the City. Park in lieu fees for a 91 unit project amount to approximately $120,000 and for a 16 unit project, the fees amount to approximately $25,000. A 30 acre active/passive park was proposed for the overall 90 acre master plan. In addition, open space was proposed for the area. Those projects dropped out for various reasons. He stated that to his knowledge, there has never been a park discussed for the 6.3 acre site. Frank Arciero, Jr., Arciero and Sons, stated his firm has developed residential property in the Diamond Bar area for approximately 20 years. He indicated the proposed two product lines will include units of 3100 to 3400 square feet and 3400 to 3900 square feet. The architecture is proposed to be Mediterranean. The units will be contained within a guarded community. Chair/Goldenberg opened the public hearing. Riaz Flesher stated he has lived in his Larkstone Drive property since 1984. Mr. Flesher indicated the South Pointe Master Plan was started by the Walnut Valley Unified School District prior to Diamond Bar incorporation. He further stated he agrees with the proposed project. He asked the Planning Commission to require that the access road to South Pointe Middle School be constructed wider than what has been proposed. C/Fong asked Mr. Flesher if he feels the proposed project should include a park. Mr. Flesher responded "no" and that he did not want any additional traffic on his street. He indicated that there is adequate accessible park space available to the area. C/Fong asked Mr.' Flesher if he is in favor of the proposed 16 units. Mr. Flesher responded that he is in favor of the proposed project. The 6.3 acres is not usable as park land. ' VC/Ruzicka reiterated Mr. Flesher's approval of the proposed project with the widening of the access road. Mr. Flesher responded to VC/Ruzicka that he suggests the Planning Commission and City Council consider the impact of a narrow access road on the proposed project- and ask the developer to open the street wider than what is proposed. He indicated that regardless of whether the road is widened, he wants the project to go forward. Chair/Goldenberg closed the Public Hearing. VC/Ruzicka stated this project is confusing to him. He asked for further clarification of the proposed site. CDD/DeStefano pointed out the proposed project using an September 9, 1996 Page 4 Planning Commission aerial photo encompassing the South Pointe Master Plan area. CDD/DeStefano responded to VC/Ruzicka that the project consists of 'two adjacent rectangular shaped lots. The line between the lots represents the gated access area. CDD/DeStefano responded that prior to building permit issuance, final design will be coordinated between the public safety providers. Upon ' conclusion 'of construction', the Fire Department andtheSheriff's Department will have access through the gates. Street maintenance will be privately contracted through the Homeowners'Association. C/Fong asked staff to comment on plans to incorporate a park within the proposed development. CDD/DeStefano responded that within the original South Pointe Master Plan, there was a proposal for a 30 acre public park and about 30 acres of open space. Those proposals did not encompass the land presently under consideration. They were separate properties south and west of the proposed site. Three acres proposed for Larkstone Park are currently under the tennis courts at South Pointe Middle School. This issue is yet to be resolved by the City and the Walnut Unified School District. The City's General Plan discusses the acquisition of three acres within the immediate area. CDD/DeStefano responded to C/Fong that the completion of South Pointe Middle School offers recreational opportunities. In addition, Ronald Reagan Park, Starshine, Walnut Elementary and others in the immediate area serve the residential neighborhoods of the tract. Therefore, a decision was made for the City to receive in lieu fees as opposed to additional land. The fee can only be used for improvements to existing park land or ,purchase of new park land. The General Plan identifies the 6.3 acre lots as Single Family Residential and not as a potential future park. C/Fong stated that in his opinion, a development of this size should include a park or open space. He indicated that he is concerned with the visual impact of the lot arrangement. He asked if the development can be designed to incorporate slopes, meandering pathways along the adjacent streets, and greenbelt areas to break up the back sides of the lots. He asked that, the project include contour grading to preserve the natural topography as required in the City's Hillside Maintenance Ordinance. He stated that he believes the City is in dire need of parks. He reiterated that a development of F September 9, 1996 Page 5 Planning Commission this size and quality deserves to have open space and parks incorporated within the tract. He believes studies should be conducted to see if open space and greenbelt areas can be provided for the proposed project. In order to answer Mr. Flesher's concerns regarding increased traffic, the City should conduct a Traffic Study to determine the impact of additional parks versus additional residences. C/Schad stated that perhaps a pocket park should be considered for this project. He indicated that he had hoped that an effort would be made to preserve the natural stream and the big row of oaks along side of the stream. He stated he has been fighting for 16 years to preserve this area. He further stated he concurs with C/Fong's concepts regarding contour grading. He indicated the project's EIR is incomplete. He agrees that the traffic in Mr. Flesher's neighborhood is impossible. He stated he recently encountered two engineers on his street who were considering a secondary access road into the back of South Pointe Middle School. He asked CDD/Destefano if he had any knowledge of consideration of a secondary access road from Shaded Wood Road to the school. CDD/DeStefano responded to C/Shad that he is unaware of any plans to develop a road from Shaded Wood Road to the school property. C/Schad stated he objected to the building of South Pointe Middle School in the present location.. Chair/Goldenberg asked C/Schad for his comments on Condition D. 11. regarding the suitability of oak trees for transplanting. VC/Ruzicka concurred with Mr. Flesher regarding the school traffic. VC/Ruzicka made a motion to continue the item to the September 23, 1996 Planning Commission meeting to allow the Commissioners time to review the Final EIR addendum and Resolution. The motion died for lack of a second. C/Schad responded to Chair/Goldenberg that it is difficult and expensive to replant oak trees. He stated F that he is not certain that transplanting the oak trees from this project would be feasible, but he believes it should be reviewed by two arborists. In addition, he would like to see some of the plants relocated. C/Fong stated he is not against the developer's right to develop his property. He feels that the proposed September 9, 1996 Page 6 Planning Commission development could be improved. He recommended that the developer work with'staff to improve the quality of the development. Chair/Goldenberg reminded C/Fong that the Commission is addressing only 6.3 acres. C/Fong responded to Chair/Goldenberg that he is suggesting reconsideration of _the 6.3 acres. As presented, he cannot approve the project. CDD/DeStefano suggested to C/Fong that the Commission first ask for additional comments from the applicant. If the Planning Commission is uncomfortable with the projoct presented, it may direct that the project be reviewed and amended by staff. It would be helpful for staff to know the, details of what the Planning Commission would like to have accomplished. -'The Commission may recommend to the City Council that the project be denied or approved with the recommended conditions or with other conditions that may incorporate' the Commission"s concerns. If the Commission feels it is appropriate to include a park within the project, it may recommend that one dwelling unit be removed for purposes of creating a pocket park. Mr. Arciero stated that the 6.3 acres is essentially a flat graded piece of property. The grading of the property has been included in the approval of Tract 32400. He further stated that he.believes a residential subdivision is the best use of the property. The land does not, lend itself to commercial or park uses. The applicant will pay in lieu fees to acquire park land in a more suitable location. He indicated he feels the proposed land layout is appropriate for the site. Mr. Arciero responded to C/Schad that although the land has not yet been graded, the grading of the land was approved through Vesting Tentative Tract 32400. Chair/ Goldenberg asked Mr. Arciero if he could revise his grading plan to preserve some of the natural topography. Mr. Arciero responded to chair/ Goldenberg that he cannot revise the already approved grading plan because of the access road tie-in. A revised grading plan is not technically feasible. C/Schad made a motion, seconded by VC/Ruzicka to continue the item to September 23, 1996 in order to allow the Commission time to review the EIR addendum and new Resolution. The motion was approved with the following Roll Call vote: September 9, 1996 Page 7 Planning commission AYES: COMMISSIONERS: Schad, VC/Ruzicka, Chair/Goldenberg NOES: COMMISSIONERS: Fong ABSTAIN: COMMISSIONERS: None ABSENT: COMMISSIONERS: McManus Chair/Goldenberg reopened the Public Hearing and continued the item to September 23, 1996. PLANNING COMMISSION ITEMS: Chair/Goldenberg asked CDD/DeStefano to address Mr. Clute's concerns. CDA/DeStefano stated that on Friday, September 6, at about 4:15 p.m., Mr. Clute informed staff that activity had occurred on the school district property. Staff has determined that L.A. Cellular's subcontractor improperly installed an electrical pole on the property. L.A. Cellular attempted to install overhead utilities to the repeater station which is in direct violation of the CUP Conditions of Approval. Staff encountered school district personnel at the site and learned that the school district would prefer a different kind of tree than what has been planted. In addition, the school district would like fence. screening to mitigate the storage shed view. Staff has determined that the installation effort will have to be coordinated to insure that the City's Conditions of Approval and the homeowners needs are met by the applicant. L.A. Cellular will use a battery backup system in lieu of a fuel powered backup system. Staff will require detailed documentation regarding the proposed backup system. Chair/ Goldenberg thanked staff for their efforts toward addressing the situation. He thanked Mr. Clute for reporting the matter to. the City. CDD/DeStefano responded to C/Schad that the trench is a result of erosion. The trees in place were approved by the Planning Commission. Staff will work with L.A. Cellular_ to improve the appearance. Responding to C/Fong, CDD/DeStefano indicated the power pole installed on Friday will be removed tomorrow. The second pole was previously installed as part of an earlier application. Staff is reviewing the application to determine if the installation is proper. Staff will update the Commission. VC/Ruzicka recommended that staff write a letter to L.A. Cellular outlining what has occurred since the onset of this project stating that the City of Diamond Bar would like to have the project brought to a successful conclusion in spite of what has previously occurred. He asked that the Planning Commission, City Council and Mr. Clute be copied. September 9, 1996 Page 8 Planning Commission VC/Ruzicka asked if he should keep project maps and other inventory items. CDD/DeStefano responded to VC/Ruzicka that he may maintain an inventory of 'Planning Commission' projects or return the materials to the City for filing or recycling. INFORMATIONAL ITEMS: CDD/DeStefano stated that upon conclusion of the City Council's deliberation of its goals and objectives, the item will be agendized for the Planning Commission. CDD/DeStefano stated that he approved two projects under the Administrative Development Review process: A 400 square foot outdoor patio dining area for the Diamond Bar Grill in the Lucky Shopping Center, and a cellular repeater device to be located on the side of the existing Armstrong Nursery building on Golden springs Drive. ADJOURNMENT: At 8:48 p.m., there being no.further business to come before the Planning Commission, C/Schad moved, VC/Ruzicka seconded., to adjourn the meeting to September 23, 1996. There being no objections, Chair/Goldenberg adjourned the meeting. Respectfully Submjtted, Al, 1, AjliiSLIS L)UStOl` MC) Community Develokment Director Attest: M chael Goldenberg Chairman