Loading...
HomeMy WebLinkAbout9/23/1997MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION �.- SEPTEMBER 23, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:07 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 City Engineer George Wentz. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Schad, and Commissioners Goldenberg and McManus Commissioner Fong arrived at 7:15 p.m. Also Present: Deputy City Manager James DeStefano, City Engineer George Wentz, Senior Planner Catherine Johnson, Associate Planner Ann Lungu and Planning Technician Susan Cole. _ MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of September 2, 6 and 9, 1997. C/Goldenberg moved, C/McManus seconded, to approve the September 2, 6 and 9 minutes as presented. The motion was carried 4-0, with C/Fong being absent. OLD BUSINESS - None NEW BUSINESS: - None f l CONTINUED PUBLIC HEARINGS: 1. Draft Development Code (Zoning Code Amendment ZCA 97-1) Review of all Articles of the Draft Development Code and Draft Design Guidelines. Staff recommends that the Planning Commission continue this item to its October 14, 1997 meeting. Chair/Ruzicka opened the public hearing. There was no one present who wished to speak on this item. Without objections, the Commission concurred with staff's recommendation to continue Draft Development Code review to its October 14, 1997 meeting. i SEPTEMBER 23, 1997, PAGE 2 PLANNING COMMISSION 2. 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 Areal 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 August 26, 1997. Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 Staff recommends that the Planning Commission reopen the public hearing, receive testimony and continue the public hearing to October 14, 1997.�I:�, Chair/Ruzicka reopened the public hearing. Martha Bruske, 600 South Great Bend Drive stated her concerns about project monitoring. She said she is opposed to any development within the Significant Ecological Area (SEA) No. 15. DCM/DeStefano responded to Mrs. Bruske that this project requires a Conditional Use Permit which if approved, mandates specific oversight and conditions of the development with reference to such items as hillside slope construction, landscaping and environmental mitigation. Conditional Use Permits are monitored through a Mitigation Monitoring Plan (regular site visits and reporting by._ staff and City consultants) that generally lasts for five years after the project has been approved and developed. Kurt Nelson, project manager, confirmed his request to have this item continued to October 14, 1997. He explained that with respect to this project, native oak trees that are contract grown from acorns gathered from the project site's graded areas are reintroduced on-site at a 2:1 replacement ratio. C/Goldenberg moved, C/McManus seconded, to continue Vesting Tentative Tract Map No. 50314, Conditional'Use SEPTEMBER 23, 1997, PAGE 3 PLANNING COMMISSION i Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 to October 14, 1997. The motion was carried 5-0 with the following Roll Call vote: AYES: COMMISSIONERS: Fong, Goldenberg, McManus, VC/Schad, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7. PUBLIC HEARING: 1. Conditional Use Permit No. 97-3 is a request (pursuant to Code Section 22.56.010) to allow the sale of beer and wine in an existing mini -mart at the Chevron Gas Station. Property Address: 21324 Pathfinder Road, Diamond Bar, CA 91765 Applicant: Mohamad Salimnia, 21324 Pathfinder Road, Diamond Bar, CA Property Owner: Chevron U.S.A., Inc., P.O. Box 285, Houston, Texas 77001 PT/Cole presented staff's report. Staff recommends that j the Planning Commission approve Conditional Use Permit No. 97-3, Findings of Fact and conditions as listed within the Resolution. Chair/Ruzicka opened the public hearing. Bob Zirbes said he is concerned about the proximity of the proposed site to Diamond Bar High School and that he is opposed to approval of Conditional Use :Permit No. 97- 3. He said he is surprised that the Walnut Valley School District and Sheriff's Department have signed off on this item. Martha Bruske urged the Commission not to support Conditional Use Permit No. 97-3 because the site is too close to the Diamond Bar High School. Rivers Mcintoush said he is opposed to having beer and wine sold in close proximity to Diamond Bar High School. Marco Brambilla, 1021 S. Brand Boulevard, Glendale, speaking on behalf of the applicant, spoke in favor of the application. jChair/Ruzicka closed. the public hearing. 1, Following discussion, C/Goldenberg moved, VC/Schad seconded, to direct staff to prepare a Resolution of Denial for consideration at the Planning Commission's SEPTEMBER 23', 1997, PAGE 4 PLANNING COMMISSION October with the 14, 1997 meeting. following The motion was carried 5-0 Roll Call vote: AYES: COMMISSIONERS: Fong, Goldenberg, McManus, VC/Schad, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 2. General Plan Amendment No. 96-1, Tentative Parcel Mapl No. 24646, conditional Use Permit No. 96-14 and Oak Tree Peirmit No. 96-4 (pursuant to Code Sections Title 21 -Subdivision, Hillside Management Ordinance No. 7 (1992) and Part 16-22.26 Oak Tree Permit). The subject request proposes to change the General Plan land use designation for 5.88 acres within a 132 acre parcel located in a gated community identified as "The Country Estates". The land use designation will changeifrom Open Space to Rural Residential. The remaining 126.12 acres will continue as Open Space. The proposal includes: subdividing the 5.88 acres into four lots, each a minimum of one acre, for the eventual development of four single family custom homes; the removal and replacement of oak and walnut trees; and the removal of a map restriction. Property Address: Easterly side of Blaze Trail across ,from the intersection of timbettop Lane. Property Owner/ Diamond Bar Country Estates Association, Applicant: 22615 Lazy Meadow Drive, Diamond Bar, California 91765 AP/Lungu presented staff's report. Staff recommends that the Planning Commission open the public hearing, receive comments on the Negative Declaration and project entitlements, and continue the public hearing to October 14, 1997. Chair/Ruzicka opened the public hearing. Loren Phillips, project applicant's representative, explained the proposed project to the Commission. DCM/DeStefano stated the City received two letters of oposition to the project from residents living on Indian Creek Road, Diamond Bar. Jan Dabney, Claremont, stated he is present representing Assemblyman and resident Gary Miller's views. He said Mr. Miller is not against the development of property that has map restriction. However, he is against the development of this specific parcel. It is Mr. Miller's opinion that all property owners within "The Country Estates" would need to be in agreement in order for the project to proceed. SEPTEMBER 23, 1997, PAGE 5 PLANNING COMMISSION Gary Neeley, Diamond Bar Caucus Executive Director, said he was also asked by Assemblyman Miller to speak in opposition to this project. He indicated that a key element of the City's General Plan is that the lifting of deed and map restrictions would result in a significant benefit to the community. He said he believes this project does not significantly benefit the community. Art O'Daley, Falcons View Drive, said he believes many residents of "The Country Estates" are not aware of the proposed project and because they are opposed to the lifting of restrictions on Lots 60 and 61, would not agree to lifting restrictions on the proposed site. Dr. Peter Chung, Falcons View Drive, Vice President of "The Country Estates" Board of Directors, said that due to the recent CC&R changes, an overwhelming 90 percent of the property owners voted for new facilities including the proposed subdivision. Chair/Ruzicka stated the Commission concensus is to request "The Country Estates" Homeowners Association provide data to substantiate Mr. Chung's claim. Vargas Zeropian, Falcons View Drive, spoke in favor of the project. Donald Sizemore said he believes that if "The Country Estates" wants to fix the road, they should pay for it and not invite a developer to participate in trade-offs. i Mr. Phillips stated this project has been periodically summarized in "The Country Estates" monthly newsletter. Dr. Chung responded to C/Goldenberg that all homeowners of "The Country Estates" will participate in a final vote with respect to approval of this project. Following discussion, VC/Schad moved, C/McManus seconded, to C continue the public hearing to October 14, 1997. The motion was carried 5-0 with the following Roll Call vote: f AYES: COMMISSIONERS: Fong, Goldenberg, McManus, VC/Schad, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 3. General Plan Amendment No. 96-2, Vesting Tentative Tract Map r-; No. 52267, Vesting Tentative Tract Map No. 52308, Conditional i Use Permit No. 96-13, Conditional Use Permit No. 96-16, Oak Tree Permit No. 96-3 and Oak Tree Permit No. 96-5. Pursuant to Code Sections Title 21 -Subdivision, 22.56.215 -Park 1 -Hillside Management Area, Hillside Management Ordinance No. SEPTEMBER 23, 1997, PAGE 6 PLANNING COMMISSION 7 (1990 and 22.26 -Park 16 -Oak Tree Permit, the project request consists of the following: 3. a) VTTM No. 52267, Conditional use Permit No. 96-13 and oak Tree Permit No. 96-3 is proposed for 130 single family detached residentila dwelling units clustered on approximately 65 acres of a 339.3 acre site. The development is proposed as a private, gated community. Lots will range in size ifrom 6,000 square feet to 26,000 square feet. The gross proposed density is 0.4 dwelling units per acre with a net density of approximately 2.06 dwelling units per acre; and i 3. b) VTTM No. 52308, General Plan Amendment No. 96-2, Conditional Use permit No. 96-16 and Oak Tree Permit No. 96-5 is proposed for 60 single-family detached residential dwelling units clustered on approximately 36.7 acres of the 86.31acre site. The development is proposed as a private, gated community. Lots will range in size from 8,000 square feet to 41,750 square feet. The gross proposed density is 0.7 dwelling units per acre with a net density of approximately 1.63 dwelling units per acre. Additionally, the project includes a General Plan Amendment to allow additional residential development in excess of 130 dwelling units within General Plan Planning Area 2, andl the removal of deed and map restricts and the potential for acquisition of publicly owned property adjacent to Panitera Park. Property Address: VTTM No. 52267 is generally located east of Diamond Bar Boulevard and north of Grand Avenue. VTTM No. 52308 is generally located northeast of Panjtera Drive and south of Bowcreek Drive. City of Diamond Bar, California. Applicant: SunCal Companies, 550 W. Orangethbrpe Avenue, Placentia, California 92806 D'CM/DeStefano presented staff's report. He indicated thatithe City received letters from John and Patricia McCaughin,and from the Munandar family stating their oposition to the proposed project. Chair/Ruzicka opened the public hearing. Martha Bruske said she is opposed to a General Plan amendment. She questionned whether the removal of a deed and map restriction is ever in the best interest of the residents. Hugh Clary, 24411 Deepsprings Drive, said he is concerned about the effect of hillside view loss on his property value. He asked whether replacement of the storm drain, if required, may impact completion of Pantera Park. He further stated he SEPTEMBER 23, 1997, PAGE 7 PLANNING COMMISSION is concerned about the grading activity, increased traffic and the effect of a gated community on the surrounding property values. John Clemons, 667 Boxcove Place, concurred with Mr. Clary's comments. Michelle Hickey, 775 Leyland Drive, said she did not received notice of the public hearing. She requested notices be sent to residents in tracts that will be significantly effected by this project especially in light of the fact that the project proposes to change the City's General Plan. She indicated that Bramalea promised the land would remain open space. At this time, traffic on her street is unnaceptable. Kwang Ho Lee, 23746 Goldrush Drive, said that traffic is currently, too heavy on Goldrush Drive and Diamond Bar Boulevard. He wants the natural setting around Summitridge Park preserved. He spoke about the disadvantages of a gated community and asked the developer to find a more appropriate location. Al Perez, 703 Pantera Drive, said he and his neighbors did not receive notice of this public hearing. Residents do not want this development. He indicated he is opposed to amending the City's General Plan and does not want this project approved. Sam Saffari, 24075 Highcrest Drive, spoke about the adverse effects of the proposed project with respect to traffic, noise, pollution and aesthetics. He cited inconsistencies between the project and the City's General Plan and Hillside Management Ordinance. He stated the EIR does not provide for mitigation of the biological, losses. He referred to species of animals he has seen in the proposed project area. He indicated the reason that the traffic study for this project states there is no significant impact is that the City's major intersections are currently over capacity. He stated that although gnatcatchers were not found to be present in the area by the City's consultants, their food source is present. He asked the Commissioners to fight for the citizens and deny the proposal to build on one of the City's last natural hillsides. Donald Sizemore spoke in su port of a street connecting the project to a regional bypass highway from Leyland Drive to remove the traffic from the City's streets. He said a benefit to the City would be to make the project an open (not gated) community. Bob Schwartz, 24038 Highprest Drive-, spoke about the biological diversity in the area which he does not want destroyed. He does not believe the proposed project is consistent with the area and he is opposed to the development. SEPTEMBER 23, 1997, PAGE 8 PLANNING COMMISSION Ron Tehron 745 View Lane spoke in opposition pposition to the project. He said the City should initiate a plan to purchase, the property, maintain it as open space for the citizens and insure an uninterrupted connection between Sycamore Canyon and Summitridge Park. Lydia Plunk said she does not support or oppose the project, she favors the process. She encouraged the City to pursue a regional bypass road. Doug Heideman, 656 Benfield Place, said when he purchased' his property he was told there would be no development in the area of the proposed project. He spoke about water problems he and his neighbors experience from the project site. Henry Barela, 661 Benfield Place, spoke about the loss of the natural open space and his opposition to changing the City's General Plan. Ken Martinez, 772 South Farben Drive, stated that some years ago, Los Angeles County Municipal Advisory Committee agreed that development should be kept away from the proposed area and that the open space should be preserved for Diamond Bar residents. He said he believes prior promises should be honored. Jan Freeze -Martinez, (the hawk lady of Diamond Bar), said she moved here to enjoy the natural open spaces. she is very concerned about the present level of traffic on the City's streets and the additional impact the proposed project will have on the community. Andrew Wang, 23505 Goldrush Drive, stated his concerns about traffic on City streets. He asked the Commission to honor the City's General Plan. Rivers Mcintoush, 23515 E. Grand Rim Court, said he was told by Transamerica when he bought his home that the proposed project site would be kept as open space. He spoke about traffic on City streets. Ed MacDonald, 23417 Wagon Trail Road, said he believes enough information has been presented to stop this project. He spoke about his concerns regarding potential slope failure as a result of this project. Paul Diebold, 23346 Wagon Trail Road, said he believes 'the proposed gated community is inappropriate at this location because it will prevent connection between areas of the City. He suggested that as a part of the proposed project the City consider improvements to the intersection of Tin Drive iand Diamond Bar Boulevard to mitigate site safety concerns.' He expressed his enthusiasm for the City's potential opportunity to obtain permanent open space and a connection between SEPTEMBER 23, 1997, PAGE 9 PLANNING COMMISSION Summitridge Park and Sycamore Park. Although he has �-- reservations about the proposed project, he is open to consideration of trade-off's and consistency with the General Plan. David Kersey, 23403 E. Wagon Trail Road, said he believes that the EIR contains, misstatements, inaccurate information and lack of information with respect to impacts to schools, traffic counts, demographics and tree replacement mitigation. Who will reimburse residents for loss of views for which they paid a premium when they purchased their homes? What guarantees do residents have that as a result of this project they will not be subjected to landslides, traffic congestion and noise? Danielle Torres, 23411 Wagon Trail Road, spoke about overcrowding of school classrooms and related impact to the children of the community. She recommended the proposed site be used as a park setting for nature classes. Katherine Box, 927 Pantera, said she was appalled that she did not receive notice of public hearing for this proposed project. She is opposed to gated communities because it will adversely effect surrounding property values and traffic in the area. She stated she bought in Diamond Bar to enjoy its tranquility. Pantera Park construction is adversely effecting her environment and she cannot imagine living through the construction of the proposed project. She requested that the Planning Commission act to protect the interests and concerns of the residents of Diamond Bar. Mr. Saffari announced that over 100 signatures were collected this evening. VC/Schad moved, C/McManus seconded, to continue the public hearing to October 14, 1997. The motion was carried 5-0 with the following Roll Call vote: AYES: COMMISSIONERS: Fong, Goldenberg, McManus, VC/Schad, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None The Commission concurred to direct staff to send notices of the October 14, 1997 public hearing to property owners within a 2,000 foot radius of the proposed project. PLANNING COMMISSION ITEMS: VC/Schad thanked the audience participants. C/Fong thanked staff and the Commissioners for their expressions of concern for his well being. SEPTEMBER 23, 1997, PAGE 10 PLANNING COMMISSION I IF Chair/Ruzicka thanked the audience members for their participation in tonight's meeting. 9 INFORMATIONAL ITEMS - None SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 11:13 p.m. to Tuesday, October 14, 1997 at 7:00 p.m. in the South Coast Air Quality Management District Auditorium. Respectfully Submitted, t i Deput ity Manager James DeStefano Attest: yg Ruz$cka ` C,ha irmaK