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HomeMy WebLinkAbout7/14/1998MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 14, 1998 CALL TO ORDER: Chairman McManus 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 Vice Chairman Tye. 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, City Engineer, and Ann Lungu, Associate Planner. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Xiomara Reyes, Attorney at Law, representing the Law Office of John Guy, on behalf of "The Country Estates Association, informed the Planning Commission that the information available to them indicates that Mr. Dolezal does not have any easement or access rights through "The Country Estates" or any of its gates. A letter reflecting this information has been presented to staff. APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of June 23, 1998. C/Nelson moved, C/Ruzicka seconded, to approve the minutes of June 23, 1998 as presented. Motion carried 5-0 by Roll Call vote. OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARING: None PUBLIC HEARING: JULY 14, 1998 PAGE 2 6 L Extension of Time for Approved Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1 and Oak Tree Permit No. 95-2 (pursuant to Code Sections 21.40.280, 22.56.140 and 22.56.2250) is a request fora one year extension of time of the City's approval dated June 20,.1995. The approval permitted a four lot residential subdivision of a 2.55 acre parcel within a significant ecological and hillside management area. The project site contained one oak tree to be preserved and protected. The extension of time also includes a request to amend the Oak Tree Permit. The proposed amendment involves the removal of the one oak tree and its replacement at a 4:1 ratio with 24 inch box oak trees. Project Address: 3000 Block (north side) of Steeplechase lane at the terminus of Hawkwood Road adjacent to "The Country Estates". Property Owner/ Warren Dolezal Applicant: 4251 S. Higuera Street San Luis Obispo, CA 93401 AstP/Lungu presented staffs report. Staff recommends that the Planning Commission recommend approval to the City Council of a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Amended Oak Tree Permit No. 95-2, Amended Mitigated Negative Declaration No. 95-2, Amended Mitigation Monitoring , Program, Findings of Fact and conditions of approval as listed within the resolution. C/Nelson asked if the oak tree that is slated to be replaced has been looked at by an arborist and is the tree a Heritage Oak? AstP/Lungu explained that the current Oak Tree Permit process does not distinguish "Heritage" oaks. Bob Laurie from Michael Brandman Associates looked at the tree. Although the tree is in good condition, it is his opinion that it would not survive relocation and a 4:1 replacement ratio is appropriate. C/Nelson said he believes a 4:1 ratio for a tree of such magnitude is inadequate. CE/Wentz responded to C/Ruzika that Kranzer and Associates determined that the tree needed to be removed to mitigate the landslide. DCM/DeStefano indicated to Chair/McManus that if the applicant is denied access via Steeplechase Lane, the current application may be rendered untenable. However, the applicant could request access via Hawkwood Road from the City. CE/Wentz, responding to Chair/McManus stated that at the time Parcel Map No. 47850 was approved, the City required that portion from the end of Hawkwood Road up to the private portion of Steeplechase Lane be dedicated to the City of Diamond Bar. Therefore, that opportunity exists as a possible access to the sight for Mr. Dolezal should he not be able to demonstrate that he has access from Steeplechase Lane. This scenario would require the applicant to come back to the City with a alternative proposed map. If the oak tree remained, .:1 __ h Yb ��rvi. ...•.'.. a. .f77M,_,I.� a:ARl"'!.ck__ A' U".fl, _.ay%,l �ItI.A.61t�, JULY 14, 1998 PAGE 3 the applicant may be able to construct fewer lots on his parcel map. JCC Development proposes to install a gate at the end of Crystal Ridge where Hawkwood Road terminates. In response to VC/Tye, CE/Wentz stated he believes that taking access from Hawkwood Road is discretionary and would not warrant a denial of any kind of extension to allow Mr. Dolezal time to try to address this issue and other issues that remain with this proposed map. Should he not be successful, he would be required to resubmit an application to the City with a different map layout and at that time, the Commission and the City Council could address the issue of access to insure that there is no violation of the privacy of "The Country Estates". Chair/McManus opened the Public Hearing. Warren Dolezal stated that when this property was acquired in 1976, Diamond Bar Development Company represented to him that the property in question was a part of "The Country Estates". The court affirmed that we had access to Steeplechase Lane. An extension of time is required in order for the applicant to finalize legal matters. Application has been made to "The Country Estates" for access and negotiations are proceeding. With respect to the oak tree that is required to be replaced, the soils test revealed that the old landslide material runs under the oak tree. He agreed with CE/Wentz that in order to have a buildable lot, the oak tree will have to be removed. He said he has no objection to the replacement j using 36 inch boxed trees. A36 inch box is about 4 inches in diameter and about eight feet in height. Mr. Dolezal responded to C/Ruzicka that negotiations with "The Country Estates" are proceeding on a very friendly basis. There being no further public testimony offered, Chair/McManus closed the Public Hearing. Following discussion, C/Nelson moved, C/Ruzicka seconded, to concur with stair to recommend approval to the City Council of a one year extension of time for Tentative Parcel Map No. 23382, Conditional Use Permit No. 93-1, Amended Oak Tree Permit No. 95-2, Amended Mitigated Negative Declaration No. 95-2, Amended Mitigation Monitoring Program, Findings of Fact and conditions of approval as listed within the resolution, with the recommendation that the oak tree in question be replaced at the ratio of 20:1 with 36 inch boxed oak trees. As many replacement trees as possible are to be placed on-site and the balance will be placed off-site within the City of Diamond Bar or a dollar amount for in lieu tree contribution be placed in a replacement fund to be used for other City projects. Location of the trees to be approved by City staff. Motion was 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: None JULY 14, 1998 PAGE 4 INFORMATIONAL ITEMS: None SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: C/Ruzicka moved, C/Nelson seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 7:55 p.m. to July 28, 1998. Respectfully Submitted, James DeStefano Secretary to the Plfnning Commission Attest: 4/e McManus