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HomeMy WebLinkAbout12/14/1999MINUTES OF OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION DECEMBER 14,1999 CALL TO ORDER: Chairman Tye called the meeting to order at 7:15 p.m. in the Auditorium of the South Coast Air Quality Management Headquarters Building, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Kuo. 1. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo, Joe McManus and Joe Ruzicka. Also Present: Ann Lungu, Associate Planner; Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. `2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None offered. " —3. APPROVAL OF AGENDA:- As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the November 23,1999, meeting. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of the meeting of November 23, 1999, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, McManus, Ruzicka, VC/Nelson, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: 5.1 Exterior Lighting Fundamentals. Presentation by Joe Nolan of Dream Engineering, Inc. 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING: None DECEMBER 14,1999 PAGE 2 PLANNING COMMISSION S. PUBLIC HEARING: 8.1 Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99.1 (pursuant to Code Section 22.44) is a request to amend the following Articles of the Development Code: Presentation by AssocP/Lungu. Article II Zoning Consistency Matrix, Section 22.6.040, Table 2-2, amend to read as follows: RPD - 20,000, R-1-20,000 and R-1-15,000 - Low Density Residential RL); and PA-21SP - RL. Chair/Tye asked if the intent is to drop RPD -20,000, R-1-20,000 and R-1-15,000 down from the current location of Rural Residential to Low Density Residential RL. AssocP/Lungu responded that RPD -20,000 and R-1-15,000 will drop down to Low Density Residential instead of Rural Residential for consistency with the General Plan. R-1-20,000 zones exist currently. DCM/DeStefano explained that a large portion of the area around South Point Middle School area is zoned R-1-15,000. The area along Longview Drive, Summitridge Drive, some portions of Goldrush Drive and those general areas surrounding the Ralphs Shopping Center is zoned RPD - 20,000. However, those lots are clearly not 20,000 square foot lots. The RPD was a category of zoning that the County permitted which allowed for smaller lot sizes and changes in street configurations in turn for open space being granted to the homeowners association, the' City, etc. These two areas have been encumbered with a development code that says you shall use the Rural Residential Development Code standards. And those standards were primarily designed for "The Country Estates" properties that are already at 1/2 or one acre or greater in size. Rural Residential requires greater setbacks. This matrix requires greater development setbacks than what is seemingly achievable within these currently developed areas. Therefore, staff is suggesting that this Zoning Consistency Matrix Table 2-2 be revised which will eliminate the need for variances and other development permits that would seemingly be unnecessary with this proposed change. Residential Zoning District General Development Standards, Section 22.08.240, Table 2-4, modify the rear yard setback from 20 to 25 feet in the RR Zone; modify the rear yard setback from 15 to 20 feet in the RL and RLM Zones, and add Lot Coverage, maximum 30 percent within the RR, RL and RLM Zones. C/McManus asked if the 30 percent is calculated strictly on the buildable pad. AssocP/Lungu responded that the 30 percent is calculated on the entire lot area. Lot coverage would include the main structure and any accessory structures including sheds, guest houses, patio covers, balconies, etc. as well as, access to the site (driveway). DECEMBER 14,1999 PAGE 3 PLANNING COMMISSION Chair/Tye asked if 30 percent coverage is reasonable in the case of a site that has unusable slope. AssocP/Lungu indicated that buildable pad areas that have been approved in the past seem to be large enough to accommodate larger homes. These houses may have a footprint of 5,000 but may have a total square footage of 10,000 square feet because of a second floor. Allowed Uses and Permit Requirements for Office Zoning Districts, Section 22.10.030, Table 2-5, amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the OP and CO Zones. C/Ruzicka asked if this amendment would address the problem with respect to the gas station at Pathfinder Road adjacent to Diamond Bar High School. AssocP/Lungu stated that the old code under which the project was processed addressed the issue and allowed the use in the zone with a discretionary use permit. The current code does not address that issue at all. DCM/DeStefano stated that the code addresses the issue in the sense that no alcohol sales for off site consumption are permitted within 150 feet of any school. Therefore, that particular location —` will not be able to receive a permit for the sale of alcohol unless the Development Code is amended accordingly. The project came before the Planning Commission because of the combination of uses proposed under the old development code. The project was ultimately denied. As a result of the denial, the Planning Commission and the City Council began to consider numerical distances from schools and certain other land uses. Staff conducted a detail study on the matter and ultimately, the Planning Commission recommended that the City Council adopt the 150 feet. Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts, Section 22.10.030, Table 2-6, amend to allow the sale of alcoholic beverages (off site consumption) in conjunction with the sale of motor fuel with a Conditional Use Permit in the C-1, C-2 and C-3 Zones. Article III Required Setbacks -Accessory Uses and Structures, Section 22.42.110, Table 3-15, amend the three-foot rear and side yard setback to five feet for swimming pools and similar accessory structures. ! Guest Houses, Section 22.42.060, amend to allow guest houses up to 25 percent of the main residence, not to exceed 1,200 square feet with a Minor Conditional Use Permit, and to amend overall parcel coverage to 30 percent. C/McManus asked if the amendment should say "whichever is the lesser of the two." DECEMBER 14,1999 PAGE 4 PLANNING COMMISSION Chair/Tye agreed that the wording should encompass the City's objective. AssocP/Lungu said she believes the City's objective is to preserve the integrity of a single family residential zone and not be creating another house on a lot. Chair/Tye stated that the way the amendment reads, a home of 22,000 square feet coull''d add a guest home of 5,000 square feet. Therefore, the wording should be changed to reflect the intent. DCM/DeStefano stated that if the Commission feels that a guest house of 2500 square feet for a home of 10,000 is too large, staff can study this matter further to determine what other, jurisdictions are doing for the larger estate properties as well as, other large properties in this community. There may be different answers for different zones. The Commission asked staff to consider this matter further in order to restrict the potential size of the structure. Significant Ecological Area, add Section 22.22.160, to discuss development within a Significant Ecological Area. AssocP/Lungu suggested that this matter be discussed at the January 11, 2000 meeting. 71 Article IV 9 Review Authority, Section 22.44.020, Table 4-1, amend Planned Sign Program to Comprehensive Sign Program. Article V Restrictions on Nonconforming Structures, Section 22.68.030, amend to allow additions not to exceed 500 square feet if the exterior limits of the new construction do not exceed the applicable height or encroach further into the setbacks than the comparable portion of the existing structure. C/Ruzicka voiced concern that these smaller encroachments could be injurious to the neighbors. AssocP/Lungu stated that if there is a concern about the proposed project, the Hearing Officer can refer the project to the Planning Commission for public hearing. DCM/DeStefano indicated that the Planning Commission may wish to further define staff's guidelines and/or limit its discretion., VC/Nelson asked if a provision exists to notify neighbors prior to the Administrative Review process."' AssocP/Lungu explained that if the proposed project is within the parameters of staff's approval, the neighbors are not notified. DECEMBER 14,1999 PAGE 5 . , PLANNING COMMISSION I VC/Nelson suggested the Commission consider requiring public notification for all projects. DCM/DeStefano pointed out that such notification creates opportunities for further confusion and personal vendettas. In addition, the City's legal counsel has found such notification to not be supportable. VC/Nelson said he sees little difference in public notification for the neighbors adjacent to the Evangelical Free Church who may be bothered by light and other conditions, for instance, and for neighbors adjacent to single family residences who may encounter the same conditions. AssocP/Lungu pointed out that the code now contains guideline regarding lighting which the code did not previously contain. Chair/Tye said that as a resident, he would want to know about possible construction of a lighted basketball court or tennis court next door to his property. DCM/DeStefano reiterated that if the Commission would like to include a provision that under certain circumstances, that notice is given or that a hearing be conducted, that can be accomplished. C/Ruzicka said that the current staff has a sense of judgement about these issues. However, in future years, that may not hold true and he believes that there ought to be language within the Development Code that will assist not only current staff, but future staff as to what is appropriate for the situation in order to safeguard the City's neighborhoods. He stated that when residents improve their own family's style of living it is possible to infringe upon neighbors. There ought to. be safeguards built into the code to insure that these kinds of things do not occur. He cited examples of projects that have occurred in his neighborhood: 20 houses down from his a neighbor wanted to nearly double the size of his house; 10 doors down on the opposite site of the street a health facility was established and his next door neighbor built an addition onto his house that infringed upon the privacy of his backyard. Staff needs to have questions directed toward the applicant that asks if the applicant has considered how their project will affect their neighbors. C/McManus asked whether verbiage is included that guarantees the peaceful enjoyment of ones home to the extent that neighbors will not impinge upon that enjoyment with view, air, light, and noise pollution. DCM/DeStefano responded that there is language to that effect in different parts of the code. The language may not be specific enough because it winds up being a judgement call on the part of the person reviewing the project. VC/Nelson proposed that staff conduct a defined compatibility analysis. If the project is determined to exceed the threshold, then notification is appropriate. DECEMBER 14,1999 PAGE 6 PLANNING COMMISSION DCM/DeStefano stated that "the threshold" is the part that is missing. In lieu of a defined threshold, the threshold becomes the judgement of the staff which will change from time to time as people change and philosophies change. C/Ruzicka said he believes that as long as the code is being amended, language should be inserted to further assist staff. AssocP/Lungu confirmed that the intent of the proposed amendment is to eliminate the Minor Conditional Use Permit for residential areas under certain circumstances. The amendment may need to be reworded in order to make it clearer. Subdivision Ordinance Amendment No. 99-1 (pursuant to Code Sections 21.02) is a request to amend the following Articles of the Subdivision Ordinance: Article I Applicability, Section 21.01.040, amend to add that all subdivisions within the City shall follow the same process as a Development Code Amendment. Article II Changes to Approved Tentative Map or Conditions, Section 21.20.110, amend the process to allow proposed changes to a Tentative Map or conditions of approval to be reviewed and approved by the City Engineer, except as otherwise provided by this Section. PROPERTY ADDRESS: APPLICANT: Chair/Tye opened the public hearing. Citywide City of Diamond Bar 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 There was.no one present who wished to speak on this matter. C/Ruzicka moved, C/McMans seconded, to continue the public hearing for Development Code Amendment No. 99-1 and Subdivision Ordinance Amendment No. 99-1 to January 11, 2000. Motion carried 5-0 by Roll Call vote. Chair/Tye continued the public hearing to January 11, 2000. C/Ruzicka voiced concern about the appearance of Hollywood Video. r DECEMBER 14,1999 PAGE 7 PLANNING COMMISSION DCM/IJeStefano responded that staff has looked at the Hollywood Video situation and believes that they are missing a golden opportunity to adequately market themselves. Therefore, staff has developed a plan that suggests rotating the video display cases. PLANNING COMMISSION COMMENTS: C/Ruzicka thanked Nancy Whitehouse and other staff members for the wonderful Christmas party. VC/Nelson wished everyone a happy holiday. Chair/Tye asked why Togo's has a sign but there is no facility. He stated that at that Starbucks/Hollywood Video location at Grand Avenue and Diamond Bar Boulevard, it is a challenge to get an average sized vehicle into a parking spot. DCM/DeStefano responded that Togo's shares the same sign contractor with other merchants in the center. Hollywood Video has a separate sign vendor. Togo's is still faced with the challenge of obtaining rights to additional parking spaces. With respect to parking, this was one of the last projects approved under the old code which permitted up to 30 or 40 percent compact parking. The old code had a standard sized parking space at 8 feet by 18 feet. The new code does not permit compact parking except within the Gateway Corporate Center and the standard sized spaces have grown to 9 feet by 19 feet. i I DCM/DeStefano explained to Chair/Tye how staff is responsible for monitoring projects with respect to .-..,conditions imposed by the Planning Commission. INFORMATIONAL ITEMS: 10.1 Public Hearing Dates for Future Projects - as listed within the packet. DCM/DeStefano stated that the City has hired a second compliance officer who will be introduced to the Planning Commission in the early part of 2000. He is an experienced code enforcement officer who will work for the City on a part time basis. McDonald's and Chevron on Golden Springs Drive are now open for business. DCM/DeStefano thanked DSA/Joe and other staff members for their work on this project. He called attention to a report given to the City Council on December 7, 1999, regarding the potential for annexing a number of areas on the west side of Diamond Bar. VC/Nelson asked about pending offers to purchase the Boy Scout property. DCM/DeStefano indicated that he is not personally aware of facts surrounding potential pending offers from the City of Industry or the Santa Monica Mountains Conservancy to purchase the Boy Scout's property. DCM/DeStefano reported that the Four Corners Transportation Group's Executive Board approved the overall ' strategy that was recently presented to the Planning Commission. An executive of the Boy Scouts organization who was in attendance at that meeting indicated that the Boy Scouts organization is looking to relocate the camp facility from the valley floor to an area that is in the southeast corner of the vacant property. DECEMBER 14,1999 SCHEDULE OF FUTURE EVENTS: As listed in the agenda. PAGE 8 PLANNING COMMISSION ADJOURNMENT: C/Ruzicka moved, C/McManus seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 9:10 p.m. to Tuesday, January 11, 2000. Respectfully Submitted, J sDeStefano Deputy City Manager Attest: Steve Tye Chairman