HomeMy WebLinkAbout5/12/1998-, MINUTES OF TSE CITY OF DIAMOND BAR
REGULA11 MEETING OF THE PLANNING COMMISSION
MAY 12,1998
CALL TO ORDER
Chairman McManus 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 Commissioner Kuo.
ROLL CALL:
Present: Chairman Joe McManus, Vice Chairman Steve Tye, and Commissioners
George Kuo, Steve Nelson and Joe Ruzicka.
Also Present: James DeStefano, Deputy City Manager; George Wentz, Director of Public
- Works; Catherine Johnson, Senior Planner, and Ann Lungu, Associate
Planner.
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MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
Randy Nydo spoke about the SunCal project and explained why he does not believe the proposed
project will result in a significant benefit to the city. He said he believes that the developer should
be fairly compensated for their efforts. He asked that the Planning Commission consider
recommending to the City Council that the city determine the fair market value of the property and
the developer's anticipated profit, purchase the property from the developer and preserve the entire
area as open space. He farther recommended that the city procure funds for the purchase by means
of a bond measure. ,
Henry Porsand, 1008 Quiet Creep Lane, said he is concerned that an adequate cumulative impact
analysis and adequate alternative project analysis was not done for the SunCal project. He asked
what the appeal period is in the event that the City Council approves the project. He also asked if
an amendment to the City's General Plan is required in order to lift the deed restriction for the project.
Ron Tehran, 745 View Lane, concurred with Mr. Porsand's statements. He agrees that the EIR did
not answer many issues such as traffic impacts, pollution impacts, tree replacement, etc. as well as,
the significant benefit to the city for this project. He said the grading report is not correct because
_ o s , ,; '. codartir n f Lot ` u:dess they wart to add more
�- - the devE��Jper does not haves: to __ eus,� .:e `_ae ba:��
units. The grading can be done vertically in order to reach competent material. He pointed out that
. , there is a good potential for hillside failure in the future.
MAY 12, 1998
PAGE 2
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George Davidson, 23426 Wagon Trail Road, asked if there was ever a proposal submitted to the
Planning Commission that contained the project within Lot 6.
DCM/DeStefano responded that on April 28, 1998, the Planning Commission meeting public hearing
for the SunCal project included an alternative proposal which identified the proposed project
completely within the boundaries of Lot 6. He reminded the Commission that the public hearing for
this matter was closed on April 28, 1998.
Randy Nydo disagreed that the SunCal public hearing was closed on April 28, 1998. He said he
believes all comments made today should be a part of the SunCal public hearing comments and
remarks.
DCM/DeStefano responded that the record clearly reflects that the SunCal project public hearing was
closed at the April 28, 1998 Planning Commission meeting. The prior comments will be noted in
these meeting minutes under Public Comments and are not a part of the official record of the SunCal
project.
VC/Tye stated that he takes exception to disparaging remarks about staff and implications that
members of the public are being prevented from speaking. This body has followed the proper
procedure. He noted that on Page 11 of the April 28, 1998 Planning Commission minutes it is clearly
stated that Chair/McManus closed the SunCal public hearing.
APPROVAL OF AGENDA: As submitted.
CONSENT CALENDAR:
1. Minutes of April 28, 1998.
C/Ruzicka moved, C/Kuo seconded, to approve the minutes of April 28, 1998 as
presented. Motion carried 5-0 by Roll Call vote.
OLD BUSINESS:
1. Vesting Tentative Tract Map No. 52267, Conditional Use Permit No. 98-0311 Oak
Tree Permit No. 98-01 and Environmental Impact Report No. 97-2, Volume I
and II for VT IM 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 approximately 2.06 dwelling units per acre.
Property Address: Generally located east of Diamond Bar Boulevard and 'north
of Grand Avenue.
MAY 12, 1998 PAGE 3
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Property Owner: Diamond Hills Ranch Partnership, 550 W. Orangethorpe
Avenue, Placentia, CA 92870
Applicant; Todd Kurtin, SunCal Companies
5109 E. LaPalma Avenue, Anaheim, CA
DCM/DeStefano presented staffs report. He reported that he was handed
correspondence from Sam Safarri tonight containing preprinted letters with different
signatures addressing concerns that the project should not be approved. This is the
same letter that was presented to the Planning Commission onprior occasions.
Staff recommends that the Planning Commission consider the proposed resolution
recommending approval to the City Council of VTTM No. 52267, Conditional Use
Permit No. 98-03, Oak Tree Permit No. 98-1, and Mitigation Monitoring Program
and recommend certification of Environmental Impact Report No. 97-2 (SCH No.
970�� 1005).
D ICl�rIIDeStefano confirmed C/Ruzicka's statement that approximately 380 acres will
be Medicated to open space as a result of the proposed project. In addition, the
project will include about 25 acres of landscaped perimeter area.
C/N'Ison said that although he agrees with Mr. Nydo, he believes that the community
- wold not pass a bond measure to purchase the SunCal property. The community is
mo%e likely to pass a bond measure for purchase of ballfields.
DCeStefano explained to C/Neison that if the project does not permit a
secondary access road at Highcrest Drive, residents would most likely exit the project
at Diamond Bar Boulevard and Tin Drive, turn north and proceed to Goldrush Drive,
Pro6ed in an easterly direction on Goldrush Drive to Highcrest, with a left turn onto
the small portion of Armitos Place and on to Pantera Drive. The park is situated at
thel orner of Bowcreek Drive and Pantera Drive and Pantera Elementary School will
be located across the street from the park.
DCM/DeStefano explained to C/Nelson that if the project permitted a secondary
access road at Highcrest Drive, the Diamond Bar Boulevard and Goldrush Drive
portions of the route would be eliminated. Staffs reason for recommending against
the 0ghcrest Drive secondary access was the intrusion to the existing cul-de-sac
neighborhood. The streets can handle the traffic capacity and there is some merit to
the applicant's request.
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C/Ruzicka stated that this is the most thorough, exhaustive and protective resolution
that he has read in sorer_ bine. It incorporates the use of many professionals to insure
that if the work gets started, that it gets done properly in accordance with rules,
w regulations and law. Who pays for all of the professionals that will insure that the
work proceeds properly?
E
MAY 12, 1998 PAGE 4
DCM/DeStefano responded that all projects are paid for by development fees that are
paid for by the developer. These fees pay for staff and consultants who insure that
the work progresses in accordance with the project conditions. In accordance with
the city's philosophy, development pays for itself.
Lex Williman, Hunsaker & Associates, asked that the Planning Commission consider
a condition to allow the use of Fliighcrest Drive as a permanent secondary access road
for the development. It is anticipated that only five percent of the traffic generated
by the project will utilize the Highcrest Drive route for access to school and park
facilities. Use of the secondary access road will relieve traffic on Diamond Bar
Boulevard.
Mr. Williman asked for consideration of the use of Highcrest Drive as an access to a
"staging area" for equipment during the construction phase in order for the grading
to begin at the upper portion of the project and continue down to the intersection of
Diamond Bar Boulevard and Tin Drive. The Tin Drive entrance into the projectsarea
from Diamond Bar Bouelvard is a 2:1 slope. He said he is concerned that creating a
one-time move -on staging area adjacent to Diamond Bar Boulevard would place the
equipment considerably further from the construction site than the Higherest Drive
location. He asked that the condition remain as written with the addition of "unless
otherwise authorized by the City Engineer" in the event that the request is
forthcoming.
Mr. Williman, asked the Planning Commission to consider allowing the grading to
begin prior to `recordation of the Final Map.
DPW/Wentz responded to C/Ruzicka that he favors writing the condition such that
it does not "tie the city's hands" and allows some flexibility to make a determination
once the applicant's final grading proposal, has been submitted. It may prove oto be
more beneficial for the city to allow access for the staging area on Highcrest Drive or
it may involve other types of problems or issues not yet determined.
Mr. Williman confirmed to Chair/McManus that if the Highcrest Drive access is
permitted, the construction equipment will be removed from the site via Diamond Bar
Boulevard.
VC/Tye asked DCM/DeStefano to.explain how Quimby Funds are generated.
DCMIDeStefano responded that the city's formula contained with the City Code
involves a calculation based upon the City's General Plan statement that there ?ught
s to be five acres of parkland for every 1,000 people that live in the city. (3.2 persons
P.— hou6,. z ld t: > the - .-M]IOCT ofdwellin,� units and the amount of money paid for
the property by the developer to establish a market value which generates the amount
of acres or contribution of funds for purchase of or enhancement of park facilities.)
The acreage calculation for this project equals 2.2. Since the city has nearby Pantera
Park and the project involves a significant amount of open space dedication, the in
MAY 12, 1998 PAGE 5
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I lieu contribution of money was deemed by staff to be more appropriate for this
project. The $250,000 contribution to the City's Parks and Development Fund
includes approximately $80,000 of Quimby Funds.
C/Nelson stated that with respect to replacement of oak and walnut trees, he
requested (as stated in the April 28, 1998 minutes) that the "strongest possible
language" be used to insure that the trees are replaced within the city limit$ of
Diamond Bar. He pointed out that the resolution does not contain such language.
He requested that language be incorporated to insure replacement of all trees within
the city limits of Diamond Bar.
DCM/DeStefano responded with the following suggested language for tree
replacement: Add Condition No. 29 on Page 14 of the Tract Map Resolution and
Condition No. 29 on Page 15 of the Conditional Use Permit Resolution to read as
follows: "Ail mitigation measures related to implementation of the Biological
Resources Management Plan required by the Mitigation Monitoring Program and EIR
No. 97-2 shall occur within the city limits of Diamond Bar."
The Commission concurred to accept the proposed language.
C/Ruzicka moved, C/Nelson seconded, to recommend to the City Council, approval
of Vesting Tentative Tract Map No. 52267, Conditional Use Permit No. 98-3, Oak
Tree Permit No. 98-1, and Mitigation Monitoring Program, recommend certification
of Environmental Impact Report No. 97-2 (SCH No. 97031005) with inclusion of
Condition No. 29 to the Tract Map Resolution and to the Conditional Use Permit
Resolution (language as recommended by staff ), and permit access to Rghcrest
Drive for the staging area as deemed appropriate by the City's Engineer.
VC/Tye stated that his statement ofApril 28, 1998 reflects his understanding that the
General Plan includes Lot 9 as a contribution to the city's open space which is
included in the applicant's proposal. He asked what the specific benefit to the city
would be if Lot 9 was not included in the proposal as suggested by the developer.
Prior to the motion of April 28, 1998, he stated he was not comfortable considering
the motion to recommend approval unless he understood the "significant benefit" to
the city. He said he does not understand, based upon what he has heard tonight, what
the significant benefit is. He reiterated his concern that staffs memo seems to indicate
that the applicant's contribution of $250,000 is over and above anything that is already
generated by 'an act such as Quimby. He again asked "What is the (project's)
significant benefit to the city?
DCM/DeStefano stated that from stasis perspective, it is the totality of the open space
and the contribution toward the City's Parks and Acquisition Fur:.. based ul �n the
most recent project approval wherein removal of map and deed restrictions were
contemplated. Within the prior approval, there was no opportunity for the city to
obtain parkland. There was an additional cash contribution proposed to a Parks
Development Fund. Based upon the city's history and the policy that was set by a
MAY 12, 1998
PAGE 6
previous Planning Commission and City Council in coordination with the open space
that is being proposed, staff believes that the obligation of "significant benefit to the
city" has been met. Further, it is stags view that the dwelling units proposed' to be
constructed outside the confines of Lot 6 and the proposed contribution are
appropriate for removal of the map and deed restrictions. The ultimate decision with
respect to "significant benefit to the city" rests with the Planning Commission and City
Council.
DCM/DeStefano responded to Chair/McManus that the removal of map and deed
restrictions allows for what staff believes to be a more appropriate configuration of
this future neighborhood. Staff believes that a project should be developed along this
ridgeline in accordance with the City's General Plan and that the most appropriate
proposal is for the 130 unit project now before the Planning Commission. The
proposed project incorporates features that pulls the project significantly away from
Diamond Bar Boulevard which "staff believes creates a better living environment for
the people living within the project. The project incorporates fencing to enclose
approximately 45 acres ofthe project with the balance remaining natural and allowing
for the movement of wildlife.
Motion was carried with the following Roll Call vote:
AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka,�'`;
Chair/McManus _
NOES: COMMISSIONERS: VC/Tye
ABSENT: COMMISSIONERS: None .
RECESS: Chair/McManus recessed the meeting at 8:20 p. m.
RECONVENE: Chair/McManus reconvened the meeting at 830 p.m.
NEW BUSINESS: None
CONTINUED PUBLIC HEARING:
1e Conditional Use Permit No. 98-1 and Development Review No. 98-1 (pursuant
to Code Sections 22.56, Part 1 and 22.72.020A), is a request to construct and operate
an unmanned Bank of America Automated Teller Machine in the Country, Hills
Towne Center, within an area between the existing Wherehouse Music store and the
Diamond Bar Boulevard entrance to the center.
Project Address: Country Hills Towne Center, Diamond Bar Boulevard,
Diarnind Bar, CA 91765
Applicant: Bank of America, 600 Wilshire Boulevard, Los Angeles, CA
90017
MAY 12, 1998
PAGE 7'
Property Owner: M&H Realty Partners, 1721 W. Imperial Highway #G, La
Habra, CA 90361
Staff recommends that the Planning Commission receive and file the applicant's letter
of withdrawal. The Commission concurred.
PUBLIC NEARING:
1. Development Review No. 98-4 (pursuant to Code Section 22.28.210 and
22.72,020.A.1), is a request for the construction of a 4,994 square foot, one story
commercial unit on a vacant pad in an existing commercial center.
Property Location: 21050 Golden Springs Drive (northeast corner of Golden
Springs Road and Brea Canyon Road)
Applicant: The Withee Malcolm Partnership, Architects, 1983 West
190th Street, Suite 200, Torrance, CA 90504
Property Owner: Diamond Creek Village Center, LLC, 2967 Thousand Oaks
Boulevard, Suite G, Westlake Village, CA 91362
SP/Johnson presented staff's report. She stated that the city received two letters from
��. residents who expressed concern that the per -nutted use not generate excess noise, etc.
In addition, they expressed concern that trees be provided at the site to provide for
screening their view of the project site. Staff recommends that the Planning
Commission approve Development Review No. 98-4, subject to the Conditions of
Approval and Findings of Fact contained within the resolution.
C/Ruzicka asked if a request will come before the Planning Commission at the time
a prospective tenant requests use of the facility?
SP/Johnson responded that whether or not the request comes before the Planning
Commission is determined by the proposed use. If the use is permitted by right of the
plicant would go through a counter approval process f
City's Code, the apor tenant's
improvements.
SP/Johnson explained to C/Nelson that the applicant has agreed to provide trees for
screening the project site in accordance with the adjacent resident's requests and at
the Planning Commission's direction, staff will add the appropriate language.
SP/Johnson responded to VC/Tye that the trees would most likely be place on the
—° applicant's property.
- Dan Withee said he read staffs report and concurs with the conditions of approval.
He stated he believes the property owner is willing to supplement the t. on the
MAY 12, 1998
PAGE 8
slope to screen the view of the project site. The project is proposed in order to
complete the mall area.
Mr. Withee said, in response to C/Ruzicka's question, that he is not aware of any
prospective tenant for the site. He stated that it is fairly typically to construct a shell
building for fixture occupancy. Most shopping centers are built out in a similar
fashion. This type of project would most likely attract a clothing store, boutique or
similar type of occupancy.
VC/Tye said he is concerned about another vacant store front in Diamond Bak'.
Mr. Withee responded that the center seems to have no difficulty in finding tenants.
Mr. Withee indicated to Chair)McManus that the building will not be extended to the
full depth of the adjacent buildings in order to provide additional parking at the rear
of the building.
Chair/McManus opened the public hearing.
There was no one present who wished to speak on this item.
Chair/McManus closed the public hearing.
C/Nelson moved, C/Ruzicka seconded, to approve Development Review No. 984,
subject to the Conditions of Approval and Findings of Fact contained within the
resolution subject to the added Condition to plant trees determined to be suitable to
screen the views between the existing residences and commercial development I The
trees will be maintained by the owner of the property on which the trees are planted.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
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2. Variance No. 97-1 and Development Review No. 98-6 (pursuant to Code Section
114.a and 110.5) is a request for the installation of an off-site, freeway-oriente4 pole
sign.
Property Location: Pathfinder Road (southwest corner of Brea, Canyon Road and
?6que:cdei
Road)
Applicant: Robert Fiscus Associates, 1050 S. Santa Cruz, #2100,
Anaheim, CA 92805
MAY 12, 1998
PAGE 9
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Property Owner: Denny's Restaurant, 21316 Pathfinder Road, Diamond Bar,
CA 91765
In accordance with a May 11, 1998 written request from the applicant, staff
recommends that the Planning Commission continue this item to the May 26, 1998.
Chair/McManus opened the public hearing.
There was no one present who wished to speak on this item.
C/Ruzicka moved, VC/Tye seconded to continue the matter to May 26, 1998.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
PLANNING COMMISSION COMMENTS:
C/Nelson stated he appreciated Mr. Nydo's eloquent and polite presentation regarding the proposed
SunCal project. He reiterated his belief that a bond measure to purchase the property for open sace
would not be passed by the Diamond Bar voters. He believes in open space but he does not believe
that people will pay for it. He stated he believes the action that the Planning Commission took was
the right thing to do.
C/Ruzicka said that Mr. Nydo's presentation was a perfect example of how people can disagree
without being disagreeable. Although Mr. Nydo made a rational and reasonable argument he
proposed to put the city hugely in debt to obtain 420 acres. The motion that was made and passed
by the Commission gets 380 of those acres for the city without going into debt at all.
EC/Kuo said that the Planning Commission has deliberated for many months on the SunCal proposal.
He said he does not believe it is reasonable to ask the citizens to buy back the land from the
developer. He hopes that residents will offer more creative suggestions and support to the City
Council and not treat the Council Members and staff as their enemies. City staff and the Planning
Commission has done its best to be fair to all parties involved in this matter.
Chair/McManus thanked staff and the Commissioners for their time and effort in consideration of the
SunCal proposal.
INFOk2AL JON NL ITEMS:
DCM/DeStefano stated that on Monday, May 18, 1998 the City Council will hold a special meeting
because there will not be a quorum for the regular Tuesday, May 19, 1998 meeting. On May 18 the
City Council will likely request staff to prepare final documents for adoption of the City's
MAY 12, 1998 PAGE 10
Development Code on June 2,1998. He reported that Pantera Park is near completion with the grand
opening scheduled for the end 'of July/middle of August, 1998. At its May 5, 1998 meeting, the City
Council approved draft of a Joint Powers Agreement with the City of Chino Ills to examine
potential uses of the 2700 acre Tres Hermanos Ranch area.
DCM/DeStefano stated that the Wireless Telecommunications Ordinance will likely come before the
Planning Commission for review in June, 1998.
SCHEDULE OF FUTURE EVENTS as listed in the agenda.
ADJOURNMENT:
C/Ruzicka moved, VC/Tye seconded, to adjourn the meeting to May 26, 1998. There being no
further business to come before the Planning Commission, ChairiMcManus adjourned the meeting
at 9:12 p.m.
Respectfully Submitted,
Js
DeStefano
Secretary to the P14nning Commission
Attest:
e Mc anus
hairman