HomeMy WebLinkAbout12/9/1997MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
j� DECEMBER 9, 1997
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CALL TO ORDER:
Chairman Ruzicka called the meeting to order at 7:10 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 Commissioner Tye.
ROLL CALL:
Present: Chairman Ruzicka, and Commissioners Fong,
Goldenberg, McManus and Tye.
Also Present: Deputy City Manager James DeStefano, Deputy
Director Public Works David Liu; Senior
Planner Catherine Johnson, Associate Planner
Ann Lungu, Technical Planner Susan Cole, and
John Whitman of Charles Abbott Associates.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
CONSENT CALENDAR:
1. Minutes of November 25, 1997.
C/McManus moved, C/Fong seconded, to approve the minutes of
November 25, 1997 as submitted. The motion was carried 4-0-1
with C/Tye abstaining.
REORGANIZATION OF PLANNING COMMISSION:
1. Selection of Planning Commission Vice Chairman.
Chair/Ruzicka opened the nominations.
C/Tye nominated C/McManus to serve as Vice Chairman of the
Planning Commission. C/Fong seconded the nomination.
There being no further nominations, Chair/Ruzicka closed the
nominations.
Commissioner McManus was unanimously elected the Vice Chairman
of the Planning Commission by the following Roll Call vote:
j� AYES: COMMISSIONERS: Tye, McManus, Goldenberg, Fong,
Chair/Ruzicka
=� NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
OLD BUSINESS - None
DECEMBER 9, 1997 PAGE 2
NEW BUSINESS:
PLANNING COMMIiSSION
1. Planned Sign Program No. 97-4 is a request for two wall signs,
a menu board with speaker post, three direction signs, one
monument sign and replacement panel for an existing monument
sign.
Property Location: 218 Diamond Bar Boulevard, Diamond
Bar, CA
Property Owner: Diamond Bar Associates, 17853
Santiago Boulevard, Suite 107-295,
Villa Park, CA 92861
Applicant: Taco Bell, Pete Papriotti, Cotti
Foods Corporation, 25 Mauchly, Suite
321, Irvine, CA 92618
Chair/Ruzicka stated that the Hallmark Card Shop owner (next
door to the proposed project)- indicated she is concerned about
the proximity of the handicapped ramp to her front entrance.
He further stated that a customer of the Hallmark Card Shop
told him she felt Diamond Bar already had enough fast food
restaurants.
DCM/DeStefano responded that the Taco Bell location has been
a food facility for a number of years. Staff has been working
with the applicant regarding alternative designs for the
handicapped ramp. This matter has been extensively discussed
with the property manager, the Hallmark shopowner,l the
developer and the applicant. Referring to the overhead, he
pointed out a possible redesign and relocation of the
handicapped ramp to the Taco Bell front entrance.
AP/Lunge presented staff's report. Staff recommends that the
Planning Commission approve Planned Sign Program No. 97-4,
Findings of Fact and conditions as listed within the attached
resolution.
Pete Capriotti stated that his development provides an
additional seven parking spaces for the Hallmark Card Shop.
He said he believes the improvements he has proposed will
increase business to the center.
C/Tye said he is concerned that the menu board speaker sound
may impinge upon,the adjacent residential neighborhood.
Mr. Capriotti agreed to consider alternative language within
Condition 5 (g) of the resolution to address potential menu
board speaker problems.
11
Responding to VC/McManus, C/Tye suggested- the following
language be added to Condition 5 (g): "If the menu board loud
speaker volume level creates a disturbance to residences
adjacent to the project site, the dba level shall be decreased
as required by the Planning Division".
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DECEMBER 9, 1997 PAGE 3,. PLANNING COMMISSION
There was no one present who wished to speak on this matter.
VC/McManus moved, C/Tye seconded, to approve Planned Sign
Program No. 97-4, Findings of Fact and conditions as listed
within the resolution with the addition of language to
Condition 5 (g) as suggested by C/Tye. The motion was
approved 5-0.
CONTINUED PUBLIC HEARING:
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-
1-20,000 and A-2-2 to R-1-40,000. Continued from November 12,
1997.
Project Address: Southeast of the most southerly
intersection of Steeplechase Lane
and Wagon Train Lane.
I� Project Owner/Applicant: Kurt Nelson, Windmill Development,
3480 Torrance Boulevard, Suite 300,
Torrance, CA 90503
AP/Lungu presented staff's report. Staff recommends that the
Planning Commission recommend certification of EIR No. 97-1
(SCH 96-071104), and recommend approval of VTTM 50314, Zone
Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree
Permit No. 96-1 and Mitigation Monitoring Program and Findings
of Fact, and conditions as listed within the resolution.
Kurt Nelson presented a history of the proposed project.
f Chair/Ruzicka asked why the developer did not produce another
survey.
Mr. Nelson responded to Chair/Ruzicka that the gnatcatcher
survey was timely and did not require an update.
Chair/Ruzicka stated he would have preferred the developer
submit a new survey.
Mr. Nelson responded to C/Fong that although they are not
present, the U.S. Department of Fish and Wildlife was advised
about tonight's meeting.
- C/Fong said he wants to see a copy of the State Agency's
response to Michael Brandman Associates' EIR.
1
DECEMBER 9, 1997 PAGE 4 PLANNING COMMISSION
Mr. Nelson stated the U.S. Department of Fish and Wildlifq has
no objective criteria by which they can challenge MBA's more
than adequate EIR. He said the agency has been invited to
respond and indicated they would be present this evening. He
indicated he does not know what more can be done.
Chair/Ruzicka opened the public hearing.
Clyde Hennessee asked what liabilities the City may assume if
the project is approved and the gnatcatcher is later found to
be present?
VC/McManus stated that this is the last parcel in an approved
project where building has occurred. Therefore, the City's
potential liability already exists.
C/Goldenberg moved, VC/McManus seconded, to recommend
certification of EIR No. 97-1 (SCH 96-071104), and recommend
approval of VTTM 50314 based upon staff's recommendation and
the lack of input by governmental agencies. The motion was
approved 4-0-1 with the following Roll Call vote:
AYES: COMMISSIONERS:
Goldenberg, Fong,
VC/McManus,
Chair/Ruzicka
NOES: COMMISSIONERS:
None
ABSTAIN: COMMISSIONERS:
Tye
ABSENT: COMMISSIONERS:
None
C/Goldenberg moved, VC/McManus seconded,
to recommend
conditional approval of
Hillside Management and Significant
Ecological Area Conditional
Use Permit 96-1
and Oak Tree
Permit No. 96-1 for VTTM
50314. The motion was
approved 4-0-1
with the following Roll
Call vote:
AYES: COMMISSIONERS:
Goldenberg, Fong,
VC/McManus,
Chair/Ruzicka
NOES: COMMISSIONERS:
None
ABSTAIN: COMMISSIONERS:
Tye
ABSENT: COMMISSIONERS:
None
2. Draft Development Code (Zoning Code Amendment ZCA 97 -hand
Negative Declaration No. 97-3) Review of all Articles of the
Draft Development Code, and Citywide Draft Design Guidelines.
DCM/DeStefano pointed out the Draft Development Code
corrections and changes. Staff recommends that the Planning
Commission discuss the information contained within the staff
report and take action to recommend City Council adoption, if
appropriate.
I
C/Goldenberg asked if the City should incorporate a minimum
and/or maximum letter size for signs. <.
DCM/DeStefano stated the Commission may establish a tw� to R
three inch minimum size. Staff generally considers lettering
,•-,.1.-�F,..,_M±.�,115..Ai1A1,A.,�l.,FIC',' 1w., -I I
DECEMBER 9, 1997 PAGE 5 PLANNING COMMISSION
size to be driven by placement, message, speed of traffic,
�- width of street and other such characteristics.
C/Goldenberg reiterated his concerns regarding enforcement of
the Development Code.
DCM/DeStefano again stated that the City responds on a
reactive code enforcement basis and does not proactively look
for items that may require enforcement.
Chair/Ruzicka asked for public comment.
Clyde Hennessee said he is concerned that the City's Shopping
Centers are not adequately signed and residents are not aware
of the existence of local businesses.
Responding to C/Fong, DCM/DeStefano recommended that the
graphic on Page III -9 be improved to show the imaginary plane
parallel to grade follow the grade in order to better
illustrate the concept. The Commission concurred.
DCM/DeStefano stated that the graphics contained within the
Development Code have been inserted adjacent to the specific
regulation it describes.
The Commission concurred to direct staff to insert "See Figure
XXX" at the end of pertinent regulations.
C/Goldenberg recommended that the figures within the paragraph
y should correspond to the roman numerals used on the
illustration.
C/Fong asked that Page III -44 B. 1. as recommended on November
25, 1997: "Finished slopes shall not be created greater than
50 percent (2:1) except adjacent to a structure where the
created slope is limited to a maximum of 67 percent (1.5:1)."
C/Fong asked that Page III -44 4. b. be changed to read:'
"segment of a cut or filled slope may be designed with
variable slope ratio of less than 2:1 (horizontal to vertical)
but not less than 1.5:1 within the following guidelines:" The
Commission concurred.
Following discussion, DCM/DeStefano recommended that Page III -
44, 4. b 3) read: "greater than or less than 2:1 may be used
in slope design - See Figure 3-15"; insert the graphic and
move the Figure 3-15 presently on Page III -45 to the blank
spot where there is no graphic and relabel it Figure 3-16.
The Commission concurred.
C/Fong asked that Page VI -49 be corrected to read: "See
Figure 6-9- site coverage".
DCM/DeStefano pointed out that the Table on Page V-26 should
be titled "Table V-111.
a
DECEMBER 9, 1997 PAGE 6 PLANNING COMMISSION
DCM/DeStefano stated that staff has analyzed the Initial Study
and determined that this project fully supports and is an
implementation measure of the City's General Plan. V
VC/McManus moved, C/Goldenberg seconded, to adopt a resolution
of the Planning Commission of the City of Diamond Bar
recommending that the City Council of the City of Diamond Ear
adopt an Ordinance establishing detailed Zoning and Land Vse
Regulations and Development Standards (Case No. ZCA 97-1) �nd
Negative Declaration (ND) 97-3. The motion was approved with
the following Roll Call vote:
i
AYES: COMMISSIONERS: Fong, Goldenberg, VC/McManus,
Chair/Ruzicka
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Tye
ABSENT: COMMISSIONERS: None
C/Goldenberg moved, VC/McManus seconded, to adopt Resolution
No. 97 -XX recommending that the City Counciladopt' a
Resolution establishing Citywide Design Guidelines as part of
the City's Development Code. The motion was approved with the
following Roll Call vote:
AYES: COMMISSIONERS: Fong, Goldenberg, VC/McMan*s,
Chair/Ruzicka
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Tye
ABSENT: COMMISSIONERS• None
PUBLIC HEARINGS:
1. Tentative Parcel Map 22987 (pursuant to Code Section
21.04.020) is a request for the subdivision of a 5.02 acre
parcel of land into three lots: Lot 1 is 1.32 acres and
contains an existing restaurant; Lot 2 is 2.70 acres and
contains an existing motel; Lot 3 is 1.00 acre and is vacant.
land. The existing development will remain and no new
development is proposed at this time.
I
Project Address: 259 Gentle Spring Lane (west side, south
of Diamond Bar Boulevard)
Applicant: C.T.K. Inc., 8880 Benson Avenue, Suite
100, Montclair, CA 91763,
Property Owner: SX Diamond Bar, 259 Gentle -Spring Lane
1134, Diamond Bar, CA 92765
SP/Johnson presented staff's 'report . Staff recommends that,
the Planning Commission recommend approval of TPM 22987,
Findings of Fact, and conditions as listed within the
resolution.
Carl Kobbins, Civil Engineer, said he and the applicant read
OP
staff's report and concur with the conditions of approval.
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DECEMBER 9, 1997 PAGE 7 PLANNING,COMMISSION
Chair/Ruzicka asked how this subdivision will effect
-, redevelopment plans?
i
DCM/DeStefano stated no specific redevelopment plan has been
designated for the area. He indicated that he does not
believe the parcelization of this property would impact any
future redevelopment plans.
Mr. Kobbins responded to Chair/Ruzicka that conditions of
approval prohibit construction of fast food restaurants and
coffee shops on the site.
Chair/Ruzicka asked why an additional traffic signal is
contemplated for the area?
DDPW/Liu responded that the main purpose of the traffic signal
installation is to facilitate smooth traffic movement along
the arterial. The proposed signal will be interconnected with
existing signals along Diamond Bar Boulevard.
Chair/Ruzicka asked why Gentle Spring Lane does not open onto
Prospectors Road?
DDPW/Liu responded that the Prospectors Road curvature does
not allow for a safe ingress/egress to Gentle Spring Lane.
VC/McManus stated his concerns regarding future development of
Lot 1 and the potential safety hazard presented by lack of a
second ingress/egress from Gentle Spring Lane.
C/Goldenberg asked if the flood hazard area will extend from
i the north portion of Lots 1 and 2 into Lot 3 and if so, how
much of Lot 3 will be impacted?
DCM/DeStefano responded that the flood hazard area extends
over approximately 20 percent of proposed lot 3.
DCM/DeStefano responded to C/Goldenberg that potential
buildable area will not be effected by the flood hazard area.
The City would need to assure that any building that might be
within the flood hazard area has a floor elevation above the
flood hazard demarcation line. Because the flood hazard area
is located at the most northerly point of Lot 3, he indicated
he would assume the site would be set aside as a parking lot
with the building situated near the center of the lot.
C/Goldenberg asked why the applicant is requesting the lot
split if there is presently no construction planned.
Mr. Kobbins responded that individual parcels offer the
property owner the opportunity to separately lease or sell the
�« parcels.
C/Fong asked if the traffic study could proceed at this time
using projected traffic volumes related to the maximum square
r
DECEMBER 9, 1997 PAGE 8 PLANNING COMMISSJON
footage for an office building and required parking for the
building.
DCM/DeStefano referred to C/Fong to Conditions aa) and bb) on
Page .7 of the Resolution regarding future development and
related traffic studies. The study could proceed based upon
certain assumptions. However, staff believes it is more
effective to proceed when information is available regarding
what may occur in the area. The street currently has adequate
capacity for the anticipated project. At issue is the fine
tuning that may be required as a result of other changes
occurring in the immediately vicinity of the proposed project.
Chair/Ruzicka opened the public hearing.
Clyde Hennessee suggested no traffic signal be installed at
Gentle Springs Lane and Diamond Bar Boulevard, and that a
three way stop ingress/egress be opened between Gentle Spring
Lane and Prospectors Road.
Chair/Ruzicka closed the public hearing.
C/Goldenberg suggested staff consider the use of redevelopment
for a wider area including K -Mart.
DCM/DeStefano indicated that the prohibition for an
ingress/egress from Gentle Spring Lane to Prospectors Roadi is
a map restriction imposed by Los Angeles County. Diamond Bar
has the discretion to maintain or modify the restriction.
Staff recommends that the prohibition remain in place and that
the ingress/egress come from Gentle Spring Lane to the future
development site.
Following discussion, Chair/Ruzicka asked DCM/DeStefano to
comment further with respect to the Commission's concerns
regarding redevelopment and future plans for the area.
DCM/DeStefano stated the proposed project concerns{ a
triangular shaped remnant lot. The City does not anticipate
the use of Prospectors Road due to the safety hazard presented
by the curvature of, the street. The lot in question would be
connected to Gentle Spring Lane. In addition, he said he does
not anticipate that the area between proposed Lot 3 and the
condominiums behind the K -Mart to be widened for vehicular
access to Diamond Bar Boulevard. He said he does envision the
possible reconfiguration of Gentle Spring Lane as part of a
larger redeveloped shopping center area with Gentle Spring
Lane becoming a "drive -aisle." feeding into restaurants,
hotel and a re -invigorated K -Mart Center. There are, however,
no current plans to develop the area in this manner. He
assured the Commission that he does not anticipate Lot 3
negatively impacting the area in a negative way.
VC/McManus moved, C/Tye seconded, to recommend approval of!TPM
29987, Findings of Fact, and conditions as listed within the
I
DECEMBER 9, 1997 PAGE 9 PLANNING COMMISSION
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resolution. The motion was approved 4-1 with the following
} Roll Call vote:
i AYES: COMMISSIONERS: Fong, Tye, VC/McManus, Chair/Ruzicka
NOES: COMMISSIONERS: Goldenberg
ABSENT: COMMISSIONERS: None
PLANNING COMMISSION ITEMS:
DCM/DeStefano-reminded Commissioners about the December 10, 1997
City Holiday Party and the December 11, 1997 fuel giveaway event at
the Union Station on Diamond Bar Boulevard at Cool Springs Lane.
He thanked the Commission for their diligence in working through
the Development Code process and acknowledged SP/Johnson's
participation in heading the project.
INFORMATIONAL ITEMS:
C/Tye expressed his appreciate for serving on the Planning
Commission.
VC/McManus welcomed Commissioner Tye. He thanked staff for their
work on the Development Code.
Chair/Ruzicka' thanked staff for their participation in the
development of the Development Code.
The Commission concurred that due to lack of quorum, the December
23, 1997 meeting will be canceled.
SCHEDULE OF FUTURE EVENTS as listed in the agenda.
ADJOURNMENT:
= C/Goldenberg moved, VC/McManus seconded, to adjourn the meeting to
January 13, 1998. There being no further business to come before
the Planning Commission, Chair/Ruzicka adjourned the meeting at
10:20 p.m. to Tuesday, January 13, 1998 at 7:00 p.m. in the South_
Coast Air Quality Management District Auditorium.
Respectfully Submitted,
Ja s DeStefano
Deputy City Manager
Attest:
F
aL.
�Jo Ruz i a "
C airman
F