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Home My WebLink About3/24/1998Isitiy .. MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 24, 1998 CALL TO ORDER: Chairman McManus called the. meeting to order at 7:05 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 Nelson. ROLL CALL: Present: Chairman McManus, Vice Chairman Tye, and Commissioners Kuo, Nelson and Ruzicka. Also Present: Deputy City Manager James DeStefano and Associate Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: "None APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of March 10, 1998. CjRuzicka moved, VCjTye seconded, to approve the minutes of March 10, 1998 as submitted. The motion was carried - 5-0. OLD BUSINESS - None NEW BUSINESS - None PUBLIC -HEARING: ' 1, Vesting Tentative Tract Map No. 52267, Conditional Use Permit No. 98-03, Oak Tree Permit No, 98-01 and Environmental Impact Report No. 97-2, Volume I and II for VTTM No. 52267. VTTM No. 52267 is proposed for 130 single-family detached residential 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 from 6,000 square feet to 26,000 square feet with an average lot size of 10,900 square feet. The gross proposed density is 0.4 dwelling units per acre with a net density of r.�. approximately 2.06 dwelling units per acre. (Continued r from the February 24, 1998 meeting.) r , MARCH 24, 1998 PAGE 2 PLANNING COMMISSION Property Address:-- Generally located east of Diamond ' Bar Boulevard and north of Grand Avenue. Property Owner: Diamond Hills Ranch Partnership 550 W. Orangethorpe Avenue Placentia, CA 92870 Applicant: Todd Kurtin, SunCal Companies 5109 E. LaPalma Avenue, Anaheim, CA AstP/Lunge presented staff's report. DCM/DeStefano stated that anticipating that this eventing would be a public hearing to hear the merits of the original project and any responses to comments, the City's staff sent out over 1000 public hearing notices to surrounding property owners. He reported that letters received from residents regarding this item have been included in the Commissioner's packets. Upon receipt of a letter from the developer, on Thursday, March 19, staff immediately sent out a copy of the developers letter land a notice to the effected property owners that the developer had requested a continuance. Staff recommends that the Planning Commission open the public hearing, receive testimony, and continue the matter to April 24, 1998. Bruce Elieff, President of Suncal Companies, asked the Planning Commission to grant a continuance in order to allow the developer additional time.to prepare, study and present an alternative plan. He concurred with staff's recommendation to continue the matter to April 24, 1998. Chair/McManus read the following statement:. In "William Tell", the rural Swiss realized their ancient Iiberties'were in danger when the new bailiff road up to reprimand one of them for the offense of erecting a dwelling on his own land. "I am the Regent inithe Emperor's stead and will not have the peasants building houses of their own will and living lives as freely as if they were the masters in this country." The peasants feared before long, the new overlords would turn their properties into game preserves for their .own amusement. Today it is routine to read of a landowner denied permission to build a house, lay down a gravel path or plant or trim a tree. Today, once it is proven that swamps or trees are ecologically valuable, you've, proven the case for ordering the owners'to maintain them forever at whatever sacrifice., "This is the equivalent of an admiral saying MARCH 24, 1998 PAGE 3 PLANNING COMMISSION that because the U.S. needs a navy, the government can take your land for a dockyard without paying you." It used to be that uncle Sam and -other entities would buy land when they needed to expand a park or set aside a wildlife refuge.,, That's the method contemplated in the Bill of Rights, whose Fifth Amendment reads, in part, "nor shall private property be taken for public use without just compensation". Having to'pay for takings imposes both a pragmatic and a moral discipline on those who wield power: ,if you must pay, then it forces thought about what 'is really valuable and what is not. if the property is free, the outcome is obvious, take everything you can get your hands on." Please do not ask us (The Planning Commission) to leave title with the owner and freeze the use. While we realize there is no physical taking, consider the moral side of this issue. Pro -property forces should stand firmly where they belong, on the moral high ground. How will you feel when someone demands you donate your property to their cause? Chair/McManus stated that this body is not the�City Council - it is a Commission whose members are not elected but appointed. The Planning Commission does not have the final say in this, matter. The property in question had been in private hands long before Diamond Bar was incorporated. When SunCal purchased the property, a contract with a Memorandum of Understanding in place was entered- into with the understanding that they could develop this property. . He said that while residents come before the Planning Commission and state they want the Commission to leave the property in its" present state, this body would prefer that the residents make recommendations as to how the property can ,be developed in a manner that is acceptable to the residents and not put the'City in jeopardy of a lawsuit. George Davidson, 23426 E. Wagon Trail Road, asked if a 14 or 21 day restriction could be placed on public hearing changes or continuances to give the residents more prior notice. He asked if the EIR will -be reopened. DCMJDeStefano responded. that he is not aware of any provision: that would compel the City to require the developer, to give such extended notice of a requested continuance. The applicant has significant rights to process and may even request a continuance in the middle of a public hearing. Ron Tehrany, 745 View Lane, said he believes two weeks is not enough time for staff and the public to review the MARCH 24, 1998 revised public PAGE 4 PLANNING COMMISSION plan and that the EIR should be reopened for comment. k DCM/DeStefano stated the EIR public comment period has been closed. and further public comments are addressed in the "Response to Comments" portion of the document. Until all facts regarding the revised proposed project are .presented, staff will not ,make a ,determination regarding possible recirculation of the project. Sam Saffari, 24075 Highcrest Drive, said that the main reason he is present, tonight is to make certain the Commission understands that these delays are a ploy by the developer to wear down the citizens. He stated that there are never answers.provided to resident's questions. He said that at the last meeting, he asked that more than 1000 people be noticed about this project and he doesinot think the developer would have a problem with wider notification. Notifying people is a requirement if they are going'to be exposed to 1.8 billion cubic feet of dirt in the air for three years. 1000 households is not even remotely the number of people that will.be effected by this project. He said he believes the whole of Diamond Bar will be effected. The EIR has to be opened because the project will be different. He said he heard ''the north face buttress proposed to be installed by the developer is as big as Hoover Dam. To him it is a joke because he doesn't know how you can hold this project up. At the bottom of the project next to Diamond 'Bar Boulevard there used to be a corridor for animals and now there isn't. He stated that the new project is impacting a different type of area and people and the EIR is required to be opened. He said he believes an option for the City of Diamond Bar that has no surplus funds is to buy the land and you can put it to a vote of the people. He further stated that the residents are sick and tired" of the traffic and do not want explosions next to their houses six days a week. A Diamond;Bar citizen living at 508 Rexford Court, asked what it takes to approve the project. He likes the project but he would like to see the criteria used to evaluate a project of this type so that an unbiased decision can be reached. He spoke about his concerns regarding the staff costs involved in a project of ithis type and asked the Commissioners to take this -matter under consideration and decide whether these continuations are a waste of Diamond Bar's resources. The City needs for land to remain in its natural state and not necessaril.v for the citizens to purchase the Aand to build parks. Nina Goncharov, 23631 Gold Nugget Avenue, said she lives close to the project and was not notified of any meetings. She asked to be placed on the City's mailing ,} N I It 1 I h ik h rTi :41 ;L-2 MARCH 24, 1998 PAGE 5 PLANNING COMMISSION list. She also asked for a copy of Chair/McManus' statement. Carol Long, 1044 Summitridge Drive, said she""was told by a former City Council Member- that if this _project is pushed through that there is a parcel of -land that the developer owns which is situated on Summitridge Drive between Summitridge park and the neighborhood park and that the land will.be given to the City of Diamond Bar for construction of a new City Hall. She asked if this information is correct. DCM/DeStefano stated that Summitridge Park is owned by the City.of Diamond Bar. The hill on Summitridge Park which is;parallel to Summitridge. Drive -is City -owned property. Discussions have taken place regarding the need for .a City Hall facility and sites are. being contemplated for that purpose including the City -owned Summitridge Park site. He presented a map which shows no known developer owned property adjacent to Summitridge Drive. The only access to the developer's property is Diamond Bar Boulevard at Tin Drive and a proposed emergency gate at Highcrest Drive. Mr. Elieff offered to answer any questions the public may have. He asked that concerned residents call Mr. Todd Kurtin or Bruce Elieff at (714) 693-6700. Chair/McManus closed the public hearing. C/Ruzicka moved, C/Nelson seconded, to reopen the public hearing and continue the matter to April 28, 1998. The motion was carried 5-0. 2. Conditional Use Permit No. 98-1 and Development Review No., 98-1 (pursuant to Code Section 22.56 -Part 1 ands 22.72.020.A) is a request to construct and operate an unmanned Bank of America Automated Teller Machine Kiosk in the Country Hills Towne Center within an area between the existing The Wherehouse music and video store and the Diamond Bar Boulevard entrance to the center. (Continued from February 24, 1998) Project Address: Country Hills Towne Center, Diamond Bar Boulevard, Diamond Bar Applicant: Bank of America, 600 Wilshire Boulevard, Los Angeles, CA 90017 Property Owner: M & H Realty Partners, 1721 W. Imperial Highway #G, LaHabra, -CA 90361 DCM/DeStefano presented staff's report'.` Staff recommends that this project be continued to April 14, 1998 to allow the applicant time to submit revised plans. --- MARCH 24, 1998 PAGE 6 PLANNING COMMISSION Chair/McManus opened the public hearing.I There was no one present who wished to speak on this item. C/Ruzicka moved, C/Kuo seconded, to continue the pub is . hearing for Conditional' Use Permit No. 98-1 nd Development Review No. '98-1 to April 14, 1998. The motion was carried 5-0. PLANNING COMMISSION ITEMS: C/Nelson stated that with respect to the SunCal project,he listened to the prior meeting tapes and was disappointed about the applicant's continual reference to "highest and best use". He said he certainly believes -in the Fifth Amendment to the United States Constitution and indicated he supports Chair/McManus' earlier statement. He said he is also disappointed in the opposition to the project and the exaggerations that have been expressed and 'the degradation of the City's staff. He stated he will keep an open mind and will consider all -prior statements as well as, his own unbiased opinion from 24' years of experience in this field .when considering this project. C/Kuo stated he shares C/Nelson's concerns and disappointments. -He said he is present to become acquainted with his job as a Commissioner. He believes that together, the Commissioners can do ¢; a great job for the City of Diamond Bar as long as they keep and open mind, set ground rules and maintain the laws. C/Ruzicka thanked DCM/DeStefano for reiterating that the developer bears the burden of project related costs. t- vC/tye stated that this is his seventh Planning commission meeting and it is time, to set the record straight because he has been hearing a fair amount of misinformation from the speakers podium.. He is concerned that residents do not understand the process ',the City must go through to consider a proposed project and if they do of a ear to a s e to to it. This understand the process, they do n pp PP landowner is entitled to -due process and he is entitled a continuance if he so desires. Continuances are not a ploy. He understands that it is difficult for people to speak their minds and stay away from the emotional buzz words like "ploy", "illegal", "lawsuit", etc. Mr. Saffari made a reference to 1.8 billion cubic r yards of dirt being moved. The report clearly states tha 1. E" million cubic yards of dirt is proposed to be moved. It is this kind of misinformation that can be stated over and over again i; it U, - is not challenged. He said he feels that the people who are addressing this issue and getting the neighborhood residents excited are as well -versed as they chose to be. iu e4 Chair/McManus thanked the Commissioners and staff for their objectivity. r' INFORMATIONAL ITEMS: <e - _. ... M. , . t .i._�. i MARCH 24, 1998 PAGE 7 PLANNING COMMISSION DCM/DeStefano stated that on April 14, 1998 in addition to the ' unmanned Bank of America automated Teller Machine Kiosk Conditional Use Permit, the Planning Commission will consider a restaurant proposed to be located in the Ralphs Shopping Center just north of Enterprise Car Rental in a space of about 3,000 square. -feet and the adoption of the revised Planning Commissioner's Manual. In addition, the City Attorney will, provide the Commission with' an orientation of the Brown Act and other pertinent legal issues. DCM/DeStefanoindicated that 'earlier this evening he approved .construction of a.4800 square foot single family home at 689 Leyland Drive and continued to April 8, 1998, a proposed 10,000 square foot home at 22818 Canyon View Drive in "The Country Estates". DCM/DeStefano pointed out that on April 18, 1998, the City will participate in a county -wide Household Hazardous Waste Roundup. Items may be dropped at 1300 Bridge Gate Drive in the Gateway Corporate Center. SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: VC/Tye moved, C/Ruzicka seconded, to adjourn .the meeting to April 14, 1998.- There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 8:30 p.m. Respectfully Submitted, J*,r,�es DeStefaz_o Secretary to toe Planning Commission Attest: .Joe McManus Chairman