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Home My WebLink About1/26/1999i I AHNUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 26,1999 CALL TO ORDER: Chairman McManus called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California. E PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Kuo. f 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, Ann Lungu, Associate Planner; Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. I ; r. DCM/DeStefano introduced Stella Marquez, Administrative Secretary for the City's Planning Department. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of January 12, 1999. C/Ruzicka moved, C/Nelson seconded, to approve the minutes of January 12, 1999 as present. Motion carried 5-0. OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARING: r " 1. Wireless Telecommunication Facilities Ordinance. Currently, the City has a moratorium (Ordinance No. 4-b (1998) on wireless telecommunication facilities which will be of no further force and effect as of July 17, 1999. JANUARY 26, 1999 PAGE 2 A draft wireless telecommunication facilities ordinance has been prepared for the Planning Commission's consideration. If approved by the City Council, the wireless telecommunication facilities ordinance will be incorporated into the adopted Development Code, Article III, Section 22.42.130. Continued from January 12, 1999. Staff recommends that the Planning Commission reopen the public hearing and continue.this matter to February 9, 1999. PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 Chair/McManus reopened the public hearing. There was no one present who wished to speak on this matter. C/Nelson moved, C/Ruzicka seconded, to continue the public hearing for the Wireless Telecommunication Facilities Ordinance to February 9, 1999. Motion carried by the following Roll Call vote: ,+j 1, AYES: COMMISSIONERS:Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 2. General Plan Amendment No. 98-1 is a request to amend Objective No. 1. 5, Strategy 1.5.3, page I-15 of the City's General Plan. The requested amendment proposes to insert the following language into the said Objective Strategy. "Any decision to rescind, terminate, abandon, remove or modify a deed muIat be supported by findings that the decision is of significant benefit to the City and the matter must be submitted as a ballot measure to the registered voters of Diamond Bar at an election; whereat a majority of those voting must vote in the affirmative on the ballot measure." Continued from January 12, 1999. PROPERTY ADDRESS: Citywide APPLICANT: City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission reopen the public hearing, receive public testimony, discuss the proposed General Plan JANUARY 26, 1999 PAGE 3 Amendment, and adopt a resolution recommending City Council approval of General Plan Amendment No. 98-1. In response to a question raised at the January 12, 1999 meeting DCM/DeStefano stated that staff does not believe that there is a reason other than development for which a lifting of map and deed restriction might be requested. With respect to the kinds of uses that could be t developed within the open space areas, he pointed out that the general definition of open space as described within the General Plan is included in the Commissioners' packets. This definition is the guide for what may or may not occur within open space areas. With respect to why this amendment is being proposed, he stated that this issue was raised by a member of the City Council with concurrence from the City Council Members to refer the matter to the Planning Commission for discussion of its merits and to provide a recommendation to the Ci Council. The intent of the amendment is to provide more permanence and security to City P P ty f the public regarding open space properties and whether or not subsequent City Councils may attempt to modify the will of the people and attempt to approve project through the removal of map and deed restrictions or easements on open space properties. By taking this type of land use request to the voters it allows the voting.public to directly participate in these issues. In addition, it is a measure that would send a message to landowners or potential land developers that such a request would require a statement of significant benefit in order to gain public approval. Such a process would place a level of uncertainty to the applicant as well as, add to his/her burden and length of time and cost involved in transforming an open space _ designated property to some other land use. The City Council commented that this amendment would help to insure that the Council, as stewards of the public trust, would be able to provide an additional opportunity to secure open spaces for a significant period of time in the future. DCM/DeStefano responded to VC/Tye that the response to his question of January 12 regarding "The Country Estates" property being map restricted to open space was correct - that it is not map restricted to open space. It has map restrictions that prohibit the construction of residential buildings. On January 12 the subject was subdivision map restrictions. Tonight we have added the General Plan Land Use Map. The property is designated through the General Plan's Land Use Map as Open Space. VC/Tye asked if the following scenario would be subjected to the vote of the people: Certain park expansion and/or development of an existing park such as Summitridge Park to include a ballfield or trails element. DCM/DeStefano responded that VC/rye's example would first be subjected to an examination as to whether or not it is inconsistent with the Open Space designation. Nit is deemed to be inconsistent with the designation and the approved uses within the designation it would trigger a change which would require a vote of the people. �- VC/Tye asked how many parcels are subject to this amendment. JANUARY 26, 1999 PAGE 4 DCM/DeStefano stated that the items listed on Page 4 of staffs report are the properties that would be subject to this amendment. VC/Tye asked how a future City Council could delete this amendment. DCM/DeStefano responded that if the Planning Commission may wish to consider language regarding such a provision to the proposed amendment such as, "the removal of such language would require a vote ofthe people", or remain silent on the issue. C/Ruzicka said he concurs with VC/Tye's concern regarding removal of this amendment by a future City Council. He said he is concerned that because such a small portion of the registered voters, participate in elections, that special interest groups may prevail in these matters. C/Nelson said he expressed the same concern regarding special interest groups at the January 12, 1999 meeting. Since considering the matter, it occurs to him that the same concern would apply to any panel or committee of five people. Therefore, he no longer has the concern and will trust the public to render its decision. C/Ruzicka said he believes it is good that the Commission has discussed the matter and placed their concerns in the minutes. _N Chair/McManus reopened the pubic hearing There being no one who wished to speak on this item, Chair/McManus closed the public hearing. C/Ruzicka moved, C/Nelson seconded, to adopt a resolution recommending City Council approval of General Plan Amendment No. 98-1. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PUBLIC HEARINGS: 1. DEVELOPMENT REVIEW NO. 98-15 (pursuant to Code Section 22.72.020) is a request to construct a two-story office building of approximately 56,600 square feet on a vacant lot within Gateway Corporate Center. PROPERTY ADDRESS: 21810 E. Copley Drive (Lot 22 of Tract No. 39679) Diamond Bar, CA 91765 f JANUARY 26, 1999 PAGE 5 r-- ' I PROPERTY OWNER: Diamond Bar Associates c/o AEW Capital Management, LP 601 S. Figueroa #2150 Los Angeles, CA 90017 APPLICANT: Opus West Corporation 2030 Main Street Irvine, CA 92614 Associate .Planner/Lungu presented. staffs report. Staff recommends that the Planning Commission approve Development Review No. 98-15, Findings of Fact and conditions as listed within the Resolution. C/Nelson said that it is great that this area as masterplanned is finally happening. He requested that the invasive exotics designated for landscaping in the open space area of slope behind the Gateway Corporate Center be eliminated. He asked that staff assure him that traffic is mitigated at Golden Springs Drive and Grand Avenue. DCM/DeStefano responded that with respect to elimination of a particular invasive species, staff and the applicant's architect should be able to determine alternative replacement species that will not be invasive to the area. Regarding potential traffic impacts to Golden Springs tr— n Drive at Grand Avenue and/or Golden Springs Drive at Brea Canyon Road, he stated that the Gateway Corporate Center project was approved through an Environmental Impact Report several years ago which identified a mixture of land uses, acres per land use and a trip generation budget requiring improvements that have been completed - the traffic signals at Gateway an Copley Drives, the medians, etc. In addition, the developer provided funds to mitigate the downstream impacts of traffic. Some of the monies have been used for improvements on Golden Springs Drive and some have been used for Brea Canyon Road. Staff believes that to this point in'time, the project has mitigated impacts that were anticipated and that this specific project does not exceed the thresholds established by the EIR and trip budget. Further project development within the Gateway Corporate Center may require traffic 'studies to determine the feasibility of the findings contained within the EIR. C/Ruzicka stated his concerns regarding potential traffic impacts on Golden Springs Drive at Grand Avenue and in particular, the right hand turn,lane from eastbound Golden Spring Drive southbound Grand Avenue. DCM/DeStefano indicated that studies are currently underway to consider the traffic impacts in the area of concern. A Responding to C/Ruzicka, DCM/DeStefano indicated that at this time, staff has no knowledge of what the proposed signage for the building will be. If the request for signage exceeds what is permitted by code, it will likely be a matter of a request to incorporate larger letters on the freeway side of the buildings. JANUARY 26, 1999 PAGE 6 f DCM/DeStefano explained to VC/Tye the difference between Level of Service C and Level of Service F. VC/Tye expressed his concern about the increased daily trips that will result from i these projects and is it within the City's purview to create a freeway access from the Gateway Corporate Center. Chair/McManus opened the public hearing. Jeff Hill, Opus West Corporation, stated that the deed restriction on the Gateway property disallows direct freeway access. Linscott, Law and Greenspan has looked at the cumulative effect of these projects and determined that this project will further mitigate the traffic impacts. DCM/DeStefano stated that due to the configuration of the freeway system it is unlikely that direct freeway access is feasible. C/Kuo concurred with Commissioners' concerns expressed about possible traffic impacts as a result of this and future projects. DCM/DeStefano explained to C/Kuo that the intent of the General Plan under the k Office/Professional Land Use category was to describe a maximum Land Use Floor Area Ratio between 25 and 1.0 for the designated area. The Gateway Corporate Center has generally been developing between about .20 to about .52. The application is consistent with the General Plan standard for a project within this range within this Gateway Corporate Center. Mike Wertman, Architect, responded to C/Kuo that with respect to reflectivity of the glass selected for the building, it is a green glass .28 reflective which is well within normal standards and most likely less reflective than a couple of the buildings currently contained within the Gateway Corporate Center project. It is virtually impossible to prevent sunlight from bouncing off of any kind of surface. The glass is not a reflective/mirrored type of glass. Responding to C/Nelson, he stated that with respect to outdoor lighting levels, the applicant is currently working with the electrical design consultants who will provide the parking light standards and sight lighting standards which will comply with the code. The area will be well lighted by pole lights that will shine down onto the property so that light will not spill over onto neighboring properties. Chair/McManus closed the public hearing. C/Ruzicka moved to approve Development Review No. 98-15, Findings of Fact and conditions as listed within the Resolution. C/Nelson amended the motion to add the ` following: Non invasive species will be used in the landscaping so that it does not degrade the open space areas. C/Ruzicka accepted the amendment. VC/Tye seconded the motion. Motion carried by the following Roll Call vote: JANUARY 26, 1999 PAGE 7-b= r F-, f , I ,I AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None DCM/DeStefano stated that the required amendment will be added to Condition 5.c. on Page 6 of the Resolution. 2. DEVELOPMENT REVIEW NO. 98-16 (pursuant to Code Section 22.72.020) is a request to construct a two-story office building of approximately 39,000 square feet on a vacant lot within Gateway Corporate Center. PROPERTY ADDRESS PROPERTY OWNER: APPLICANT: 1550 S. Valley Vista Drive (Lot 12 of Tract No. 39679) Diamond Bar, CA 91765 Diamond Bar Associates c/o AEW Capital Management, LP 601 S. Figueroa 42150 Los Angeles, CA 90017 Opus West Corporation 2030 Main Street Irvine, CA 92614 Associate Planner/Lungu presented staffs report. Staff recommends that the Planning Commission approve Development Review No. 98-16, Findings of Fact and conditions as listed within the Resolution. Associate Planner/Lungu explained to C/Kuo that the parking space requirement is based upon the net floor area. The Gateway Corporate Center requires that 30 percent of the parking spaces be designated for parking. The applicant has incorporated 39 compact parking spaces. C/Ruzicka reiterated his concerns regarding traffic and signage impacts. Chair/McManus opened the public hearing. Jeff Hill, Opus West Corporation, stated the applicant will follow the Gateway Corporate Center's guidelines for signage. If a major tenant requests modification, Opus will contact the City to determine the feasibility of the tenant's desires. There being no further testimony offered, Chair/McManus closed the public hearing. JANUARY 26, 1999 PAGE 8 C/Ruzicka moved to approve Development Review No. 98-16, Findings of Fact and conditions as listed within the Resolution. C/Nelson amended the motion to add the following: Non invasive species will be used in the landscaping so that it does not degrade the open space areas. C/Ruzicka accepted the amendment. VC/Tye seconded the motion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC/Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING CONUMSSION COMMENTS: C/Nelson thanked C/Kuo for being so thorough in his review of the documents. C/Ruzicka spoke about a tragic accident that occurred on Golden Springs Drive in the area previously expressed as an area of concern by the Commissioners during these deliberations. VC/Tye talked about a recent newspaper article and congratulated staff for its effort in promoting Diamond Bar as one of the friendliest cities to do business. Chair/McManus welcomed Stella Marquez as a new member of the City`s Planning Department. ; INFORMATIONAL ITEMS: DCNMeStefano explained that the COSMOT Study listed Diamond Bar as being within the top 10 cities out of the hundreds of cities it considers for processing of projects, fees, utility taxes, etc. The City intends to use this information to encourage businesses to locate to this area. SCHEDULE OF FUTURE EVENTS: As agendized. JANUARY 26, 1999 PAGE 9� 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 8:30 p.m. I Respectfully Submitted, James DeStefano Secretary to the Planning Commission i Attest: k f m e McManus i hairman f I°NI.��iiu��M,.w,+n�-7^-----.o...---�-�...--�.r.�-