HomeMy WebLinkAbout2/23/1999MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 23,1999
CALL TO ORDER:
Chairman McManus called the meeting to order at 7:08 p.m. in the South Coast Air Quality
Management Hearing Board Room, 21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Commissioner Ruzicka.
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;
Linda Smith, Development Services Assistant; Sonya Joe, Development
Services Assistant, and Stella Marquez, Administrative Secretary.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
APPROVAL OF AGENDA: As presented.
CONSENT CALENDAR:
1. Minutes of February 9, 1999.
C/Ruzicka moved, GNelson seconded, to approve the minutes of February 9, 1999 as
present. Motion carried 5-0.
OLD BUSINESS:
1. Consideration of a Resolution for Approval regarding: CONDITIONAL USE PERMIT
NO. 98.4 AND DEVELOPMENT REVIEW NO. 98.3 (pursuant to Code Sections
Chapters 22.56 -Part 1, 22.38.340 and 22.72.020), a request to construct a two-story building
of approximately 12,596 square feet on a vacant lot. The requested use is a church facility.
On February 9, 1999, the Planning Commission concluded its public hearing and directed
staff to prepare a Resolution of Approval.
PROPERTY ADDRESS:
PROPERTY OWNER:
1200 Brea Canyon Road
(Lot 2 of Tract No. 35336)
Diamond Bar, CA 91765
Kingson Investment Ltd.
939 S. Atlantic Boulevard #212
Monterey Park, CA 91754
FEBRUARY 23, 1999 PAGE 2
APPLICANT: The Church In Diamond Bar
1820 Derringer Lane
Diamond Bar, CA 91765
DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission
receive testimony from the applicant with respect to his acceptance of the Resolution and its
conclusions, review and adopt the 'draft Resolution.
VC/Tye asked if the content of Diamond Bar Friends Church letter render Condition (n) on
Page 9 of the Resolution moot and whether it should be deleted.
DCM/DeStefano responded that it is the Planning Commission's decision as to whether a
follow-up meeting described in Condition (n). is necessary. The letter from Diamond Bar
Friends Church outlines the reasons they believe the access is inappropriate. Deletion of
Condition (n). will not delay the approval.
C/Ruzicka said he would prefer not to delete Condition (n).
James Le -, 23221 Forrest Canyon Drive, thanked the Commission for its February 9 decision
to draft a Resolution of Approval. He stated that the applicant generally supports the ? ''
conditions of approval. Regarding Condition (g), reduction of pad elevation by three (3) feet,
he proposed that the 3 foot reduction be taken from the building height instead of from the
pad elevation which would save a significant amount of cost (in excess of $100,000) for earth
removal and retaining wall modification, etc. With respect to Condition (p), he asked' why
the cash deposit has been increased from $135,000 to $180,000. In addition, he wishes to
.know if the cash deposit can be made with the City in the form of a bond as opposed to a, cash
deposit. Regarding the applicant's share of $5,000 for the traffic light installation on
Glenbrook Drive, he proposed that this requirement be imposed only upon a successful
negotiation with the Diamond Bar Friends 'Church for use of their driveway. Since the
February 9, 1999 meeting, the applicant has not had an opportunity to meet with their
neighbors and are awaiting additional information regarding the proper procedure. He asked
for clarification of Condition (q) regarding making a left turn in and left turn out only which
he believes may be a typographical error. Since this application is not involved with the
operation of South Pointe Middle School, he asked if Condition (x) can be deleted.
DCM/DeStefano stated that the applicant's request regarding Condition (g) on page 8 can be
accommodated to lower the height of the building from 35 feet to 32 feet. With respect to
Condition (p), the increase in the amount for public improvements is a result of a refinement
that is based on estimates from the City's Public Works Division. The City will usually work
with an applicant to consider other forms of security, approved by the City Attorney, designed .
to achieve the same purpose as a cash deposit. With respect to the applicant's $5,000 fair ry
share amount for installation of the Glenbrook Drive traffic signal, the City's Public Works
Official and City Engineer believe that a' $5,000 contribution by this applicant is a minimal
amount for a $125,000 installation. This applicant receives a "zone of safety" benefit from
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FEBRUARY 23, 1999 PAGE 3
the signal. Condition (q) contains a typographical error. The Condition should read as
follows: "The applicant shall construct the driveway and driveway approach with a clear
delineation of a right -turn out only". The applicant is correct that Condition (x) is no longer
necessary because the applicant has confirmed that they will not operate classroom facilities.
Phillip Chung, 2636 Barefoot Lane, Rowland Heights, owner of the property at 1200 Brea
Canyon Road, thanked the Commission for its approval. He said he is concerned about
Condition (o) on Page 9 of the Resolution regarding the underground tank. He said he
believes that the tank contains diesel which is used to heat the orange grove which is located
at the site. He asked for an explanation and of Conditions (o) (2) through (o) ().
DCM/DeStefano responded to Chair/McManus that the issue of the tank needs to be resolved
and it would be more appropriate for the applicant to work with City's staff and technical
consultant to resolve these issues.
Responding to C/Nelson's inquiry, DCM/DeStefano- stated that Condition (p) could be
reworded to state that "the applicant shall be required to submit a cash deposit or other
security, approved by the City Attorney, in the amount of $180,000.00 prior to the issuance
of any City permits for the required off-site improvements.
DCM/DeStefano responded to VC/Tye that he assumes that the increase in the applicant's
deposit is partially accountable to the fact that construction costs have increased due to the
construction industry upswing. Currently, all bids are coming in higher than what was
originally estimated.
In response to C/Ruzicka, DCM/DeStefano indicated that the Resolution should reflect an
actual amount. However, if the applicant is willing to accept the Condition, that would
suffice. Applicants are generally interested in capping their responsibilities.
C/Kuo stated his concerns regarding the applicant's understanding of the impositions of
Conditions (h), (i) and (I).
DCMIDeStefano responded that original Condition (h) was specific to the applicant's request
for specific church hours on limited days of the week. Staff drafted a revised Condition to
reflect what is believed to be reasonable hours for the beginning and ending of various
activities. The Condition requires that the applicant seek permission from the Commission
for special events which may exceed the hours imposed by the condition; or the Condition
may be revised to add a statement which permits the applicant to address an expansion or
modification to the hours of modification for special events.
C/Ruzicka pointed out that the applicant made no reference to this condition during his
enumeration of objections.
James Lee said that overall, there is no problem with this condition. He asked if staff
meetings would be prohibited under this condition.
FEBRUARY 23, 1999
PAGE 4
Chair/McManus said he believes the condition refers to gatherings.
C/Nelson encouraged Mr. Lee to think beyond the condition to consider whether in the future
the church may wish to entertain Sunrise or Midnight services. i
James Lee said that there are currently no plans beyond the hours stated in the condition.
However, there may be instances where meetings will continue beyond 10:00 p.m. He asked
the Commission to consider flexibility within the condition.
DCM/DeStefano suggested that the Commission consider permitting an expansion of the
hours of operation for special events subject to the issuance of a Temporary Use Permit.
C/Ruzicka moved, VC/Tye seconded, to approve Conditional Use Permit No. 98-4 and
Development Review No. 98-3, amended as follows: Amend Condition (g) on page 8 tol read
that the building height shall not exceed 32 feet; Condition (h) on page 9 - add a provision to
permit temporary uses subject to the provision of the City's Development Code; Condition
(p) on page 10 is modified to incorporate "a cash deposit or other security. as approved by
the City Attorney" etc., and change the cash deposit to read: "cash deposit or other security
as approved by the City Attorney, not to exceed $180,000.00.'; Condition (q) on page 10 and k
11 is modified to indicate in the last sentence "...clear delineation of right -turn out only".;
eliminate Condition (x) and re -alphabetize the remaining conditions. In addition, Condition
(n) is retained. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, VC Tye,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
NEW BUSINESS:
1. Reorganization of the Planning Commission (March 9,1999) - Verbal Report.
DCM/DeStefano stated that the annual reorganization of the Planning Commission is
scheduled for March 9, 1999.
2. Planning Commission 1999 Goals and Objectives - Verbal Report.
DCM/DeStefano stated that staff will present an update of the 1998/1999 Fiscal YearGoals,
p
and Objectives as well as, suggested Goals and Objectives for Fiscal Year 1999/2000.
PUBLIC HEARING: None
FEBRUARY 23, 1999 PAGE
PLANNING COMMISSION COMMENTS: None
INFORMATIONAL ITEMS:
1. Public Hearing dates for future projects.
DCMMeStefano presented information regarding the following future projects.
Honda Car Wash project
Tice project (Tract 46485)
Chevron/McDonald's project
2. Planners Institute - March 24 through 26,1999, Monterey, California.
DCM/DeStefano asked Commissioner's to indicate their intention to attend the Institute prior
to March 1, 1999, in order to arrange for travel accommodations.
SCHEDULE OF FUITHE EVENTS: As agendized.
ADJOURNMENT:
C/Ruzicka moved, C1Kuo 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.
Respectfully Submitted,
tl
James DeStefano,
Secretary to the Planning Commission
Attest:
w_ Vii, � ' � ®�
McManus
