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Home My WebLink About11/12/1997MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 12, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:08 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Steve Tye. ROLL CALL: Present: Chairman Ruzicka, and Commissioners Fong and McManus Absent: Commissioner Goldenberg Also Present: Deputy City Manager James DeStefano and Associate Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None CONSENT CALENDAR: 1. Minutes of October 14 and 27, 1997. C/McManus moved, C/Fong seconded, to approve the minutes of October 14, 1997 and October 27, 1997 as submitted'. The motion was carried 3-0. OLD BUSINESS - None NEW BUSINESS - None CONTINUED PUBLIC HEARINGS: 1. Vesting Tentative Tract map No. 50314, Conditional use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R- 1,200 and A-2-2 to R-1-40,000. (Continued from October 14, 1997) . Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. NOVEMBER 12, 1997 PAGE 2 PLANNING COMMISSION Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 Staff recommends that the Planning Commission. continue the public hearing for VTTM 50314, Zone Change No. 96-11 Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program and EIR No. 97-1 (SCH,96- 0711104) to December 9,''1997. There was no one present who wished to speak on this item: C/McManus moved, C/Fong seconded, to continue Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96- 1, Oak Tree Permit No. 96-1 and Zone Change 96-1 to December 9, 1997. The motion was carried 3-0. 2. Draft Development Code (Zoning Code Amendment 2CA 97-1 and Negative Declaration No. 97-3). ,Review of all Articles of the Draft Development Code, Draft Subdivision Code, and Draft Design Guidelines. DCM/DeStefano presented staff's report. Staff recommends that the Planning Commission discuss the information contained within the staff report addressing sign regulations, adult business regulations, view protection and Negative Declaration No. 97-3 and continue discussion of this item to November t5, 1997. 1 J, Chair/Ruzicka recommended that staff analyze 750 feet to determine if that separation standard would be a sufficient number of feet to accommodate this land use. The Commission concurred. DCM/DeStefano stated staff will bring a proposed Ordinance before the Commission for its consideration as well as, the 750 foot analysis. Steve Tye asked if with the 500 foot limitation the Corporate Center is prevented from accommodating.adult businesses. DCM/DeStefano responded that the Corporate Center is prevented from having these types of ,businesses because it is not an industrially zoned area. Mr. Tye asked what would happen if a church wished to locate in the immediate area of an existing adult business. DCM/DeStefano stated that if the existing adult business was legally established it is considered to be non -conforming and may remain in place if a church chooses to move into the immediate area. DCM/DeStefano confirmed Mr. Tye's statement that because the accommodating land use zone is confined to 13 City acres, it NOVEMBER 12, 1997 PAGE 3 PLANNING COMMISSION does not mean that an adult business could consume the entire 13 acre area. Mr. Tye commented that it will be easier for the City to prevent adult businesses from entering the City than to remove them after the fact and he asked the Commission to provide the most restrictive ordinance possible at the outset. He asked the Commission to consider City's enacted ordinances as well as, other City's pursuits of eliminating adult business. Clyde Hennessee asked if the proposed ordinance can exceed the City's boundaries for enforcement purposes. DCM/DeStefano stated that the proposed ordinance is confined to the City of Diamond Bar. Mr. Hennessee asked how the City of Los Angeles is able to limit the number of liquor stores that can be built in certain areas. He said he is concerned about stores that offer drug related paraphernalia locating in the City. DCM/DeStefano stated that stores offering drug related paraphernalia is a different type of land use from adult businesses. ' BCM/DeStefano explained that whether or not a business is j considered an adult business is dependent upon the percentage of business related materials offered for public consumption such as the amount of adult magazines or adult videos offered at a liquor store, for instance. With respect to on-site and off-site alcoholic beverage sale, staff is considering a land use ordinance appropriate to Diamond Bar. DCM/DeStefano responded to C/McManus that in order to determine proper land use, City code enforcement personnel and under -cover Sheriff's Department officers are frequently dispatched to locations within the City to inquire about j products and services. DCM/DeStefano talked about the changes included in the Hillside Management ordinance and the corrections to the Draft Development Code Articles. Chair/Ruzicka asked that Item A. under Exemptions on the October 29, 1997 revision Page III -162 be corrected to read in accordance with the change requested by the Planning Commission at its August 26, 1997 meeting. The correct f wording reads as follows: (inserted from the August 26 1997 meeting minutes, Page 4, Paragraph 6) "Trees, except those designated by the City Council as a historical or cultural tree, and trees required to be preserved, relocated or planted as a condition of approval' of a discretionary permit, located mss« on all developed properties prior to adoption of this Development Code." F { i �`-�.,, 1T.,r::... NOVEMBER 12, 1997 PAGE 4 PLANNING COMMISSION DCM/DeStefano stated that staff intends to present the Commission with a completed Draft Development Code fior discussion and action on November 25, 1997. 11,Ji£r There was no one present who wished to speak on the Development Code. , C/Fong moved, C/McManus seconded, to continue the Draft Development Code discussion to November 25, 1997. The motion was carried 3-0. PUBLIC HEARINGS - None PLANNING COMMISSION ITEMS: Responding to C/Fong, DCM/DeStefano explained that the Shell Service Station at the northwest corner of Brea Canyon Road and Diamond Bar Boulevard was unable to relocate or replace the Tea Tree with the same species of tree as recommended by the Planning Commission. C/Fang expressed his disappointment that the South Pointe developer was unable to provide oak trees for the CalPoly Pomona campus park project. DCM/DeStefano responded that as a result of a private agreement, Mr. Arciero agreed to have Valley Crest remove trees to the CalPoly site. However, when the project was sold to Standard Pacific, the details of the arrangement were left out of the sales agreement and the remaining trees were found to be unsuitable for relocation. C/McManus congratulated Chair/Ruzicka on running a good campaign for City Council. The City Council's loss is the Planning Commission's gain. INFORMATIONAL ITEMS: DCM/DeStefano presented the Metricom Ricochet Micro -Cellular Data Network report for informational purposes only. He advised the Commission that the City Council will at a future Council meeting consider entering into a contract to permit this type of use within the City's public right-of-way. DCM/DeStefano responded to Chair/Ruzicka that this provider will not replace current provider systems. DCM/DeStefano announced the November 20, 1997 East San Gabriel Valley Planning Committee dinner. The presentation topic is "big box" retail in the San Gabriel Valley. He asked interested Commissioners to register by Friday, November 14, 1997. DCM/DeStefano announced that the , City received Planning Commissioner Schad's written resignation from _ the Planning Commission at 4:00 p.m. today, November 12, 1997. NOVEMBER 12, 1997 PAGE 5 PLANNING COMMISSION SCHEDULE OF FUTURE EVENTS as listed in the agenda. I � ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 8:50 p.m. to Tuesday, November 25, 1997 at 7:00 p.m. in the South Coast Air Quality Management District Auditorium. Respectfully Submitted, J, mes DeSteEano, Secretary Attest: i Chairman aoe Ruzick i (' I i