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HomeMy WebLinkAbout6/22/2004MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 22, 2004 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Low led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dan Nolan; Vice Chairman Jack- Tanaka; and Commissioners: Ruth Low; Joe McManus; and Steve Tye. Also present: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; Linda K. Smith, Development Services Assistant; Greg Kovacevich, Assistant City Attorney; David Liu, Public Works Director; Steve Sasaki and Peter Lewandowski, Consultants; and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. 4. APPROVAL OF AGENDA: CONSENT CALENDAR: As Presented, 4.1 Minutes of the Regular Meeting of June 8, 2004. VC/Tanaka moved, C/Low seconded, to approve the minutes of the Regular Meeting of June 8, 2004, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Low, McManus, Chair/Nolan None None Tye, VC/Tanaka, JUNE 22, 2004 Page 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): None 7.1 Development Review No. 2003-27 and Tree Permit No. 2003-08 (pursuant to Code Sections 22.48.020 (a)(1), 22.38.070 and 22.38.130) is a request to demolish an existing one story single-family residence of approximately 4,000 square feet including a two car garage and construct a three story single-family residence with two four -car garages (attached and detached), guest unit above the detached garage, pool house, patio covers, veranda and balconies totaling to approximately 15,500 square feet. The request also included a series of retaining walls within the front, side and rear yards with a maximum exposed height of six feet, and tennis court and pool/spa within the rear yard. The Tree Permit is related to the removalfreplacement/ protection of walnut trees. PROJECT ADDRESS: 3015 Wagon Train Lane (Tract 30289, Lot 19) Diamond Bar, CA 91765 PROPERTY OWNER: Ben Yi and lyun Yi 21887 Golden Canyon Drive Diamond Bar, CA 91765 APPLICANT: Nick C. Kuik 11232 Hoyter Avenue Culver City, CA 90230 AssocP/Lungu presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2003-02 and Tree Permit No. 2003-08, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Nolan opened the public hearing. Franz J. Foels, 2929 S. Wagon Train Lane, was concerned about drainage because the property on the opposite side of his lot drained onto his lot. Being downhill from the proposed tennis court it seemed logical to him that the water would drain down onto his property and cause damage and he wanted to know how the City intended to mitigate this problem. C/McManus asked Mr. Foels to comment on what appeared to be broken pipes in the photographs he presented to the Commission. Mr. Foels said that initially, the owner installed the pipes and at the time they served their JUNE 22, 2004 Page 3 PLANNING COMMISSION purpose. However, since the property was sold the current owner had not maintained the system. C/McManus asked staff who was responsible for maintenance of the drainage system. Chair/Nolan responded to Mr. Foels that there were no cooking facilities in the guest unit. AssocP/Lungu explained that the resolution contained a condition on page 8 that read "all drainage runoff from the development shall be conveyed from the site to the natural drainage course or to the adjacent private street. With the exception of the adjacent private street, no on-site drainage shall be conveyed to -adjacent parcels. It is required by the Public Works Directorthat the applicant shall provide a hydrology study for the City's review and approval prior to the issuance of any City permits." Should Mr. Foels have concerns in the future he should call the City's Public Works Division at 909 839-7040. AssocP/Lungu responded to Mr. Foels that the resolution contained a condition that the retaining wall would be to a maximum exposed height of six feet and be screened by additional landscape materials. There being no one else present who wished to speak on this matter, Chair/Nolan closed the public hearing. To C/Tye request AssocP/Lungu reiterated the -project included a plan to get the water off of the property and not onto Mr. Fuel's property In response to C/McManus, DCM/DeStefano explained that staff would investigate the drainage pipe problems on the property to the opposite side of Mr. Foel's lot to determine responsibility and possible mitigation. C/Tye moved, C/McManus seconded to recommend City Council approval of Development Review No. 2003-27 and Tree Permit No. 2003-08, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Low, McManus, Tye, VC/Tanaka, Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None JUNE 22, 2004 Page 4 PLANNING COMMISSION 7.2 General Plan Amendment No. 2004-01 is a request, pursuant to the Government Code and Chapter 22.70 of the Development Code, to change the General Plan Land Use designation from Planning Area -3/ Specific Plan/ Professional Office to Planning Area-3/Specific Plan/High Density Residential (maximum 20 dwelling units per acre) for a 14 acre previously graded portion of an approximately 43 -acre site located on grand Avenue in the City of Diamond Bar and identified as Assessor's Parcel Numbers: 8293- 045-004 and 8293-045-005. Zone Change No. 2004-02 is a request, pursuant to the Government Code and Chapters 22.12, 22.60 and 22.70 of the Development Code, to amend the Zoning Map from the existing CM -PD -BE (Commercial Manufacturing - Planned Development -Billboard Exclusion), C-3 BE (Unlimited Commercial - Billboard Exclusion) and R-4 (High Density Residential) zoning districts to the proposed SP (Specific Plan) zoning district, incorporating a sub -area of RH (High Density Residential, OS (Open Space) and C-3 (Regional Commercial) zoning districts. Property under consideration is identified as an - approximately 70 -acre site comprised of Assessor's Parcel Numbers 8293- 045-004, 8293-045-005, 8293-045-006, 8293-045-007, 8293-045-008, and 8293-045-009 and generally located at the southeast corner of Grand Avenue and Golden Springs Drive in the City of Diamond Bar. Specific Plan No. 2004-01 is proposed for the sub -area identified in the General Plan as Planning Area 3. The Specific Plan is a request, pursuant to the Government Code Section 65450 at seq. and Chapters 22.12 and 22.60 of the Development Code, to consider the "Diamond Bar Village Specific Plan which proposes to establish the type, amount, development standards and mixture of land uses for an approximately 70 -acre site comprised of Assessor's Parcel Numbers 8293-045-004, 8293-045-005, 8293-045-006, 8293-045-007 8293-045-008 and 8293-045-009, generally located at the southeast corner of Grand Avenue and Golden Springs Drive in the City of Diamond Bar. Development A reement No. 2004-01 is a request, pursuant to the Government Code Section 65864, et seq. and Chapter 22.62 of the Development Code, for the purpose of establishing an agreement between the City and the developer setting forth the obligations and benefits to the City and developer. PROJECT LOCATION: Assessors Parcel Numbers 8293-045-004, 8293- 045-005, 8293-045-006, 8293-045-007, 8293-045-008 and 8293-045-009, a site comprised of approximately 70 -acres generally located at the southeast JUNE 22, 2004 Page 5 PLANNING COMMISSION corner of Grand Avenue and Golden Springs Drive, City of Diamond Bar. The properties are presently comprised of vacant land, a church, a paved parking area and a private recreational facility in Diamond Bar, CA 91765. PROPERTY OWNER: Assessors Parcel Numbers 8293-045-004 and 8293- 045-005 are owned by Inter Community Health Services, Inc. AKA Citrus Valley Health Partners, 210 W. San Bernardino Road, Covina, CA 91723. Assessors Parcel Numbers 8293-045-006,8293-045-007,8293-045-008 and 8293-045-009 are owned by Hidden Manna Corporation, 22324 Golden Springs Drive, Diamond Bar, CA 91765. APPLICANT: Lewis -Diamond Bar, LLC, 1156 N. Mountain Avenue, Upland, CA 91786 DCM/DeStefano presented staff's report for the proposed project. He stated that tonight the Commission reviews a proposed General Plan Amendment, Zone change, adoption of a Specific Plan, recommendation for adoption of a Development Agreement and forwards its recommendation to City Council for the Environmental Assessment for the property. Six parcels totaling to approximately 70 acres are under consideration as proposed by applicant Lewis -Diamond Bar, LLC. DCM/DeStefano stated that the Zone Change for the project was proposed to bring the zoning into compliance with the General Plan classifications as well as permit the development of the project. The Specific Plan designation called out in the General Plan would allow for retail commercial uses, High Density Residential uses, for Office uses and for the preservation of Open Spaces. The document is based upon and has responded to all of the requirements of the City's General Plan as well as pursuant to the California government code that establishes authority for Specific Plan and sets for minimum mandated requirements. The development standards include land uses and specific setback/yard area requirements, include landscaping standards, sign criteria unique to this property, design guidelines, and so forth. The Specific Plan breaks the site into four (4) sub -areas: 1) proposed to serve as the focal point of "The Diamond Bar Village" comprised of about 30 acres was proposed to serve up to approximately 170,000 square feet of new retail floor space, a commercial shopping center and 50,000 square feet of institutional space, a future sanctuary for the Calvary Chapel, 2) Planning Area 2 that set forth a 200 residential Townhome condominium opportunity; 3) Sub -Area 3 was located immediately adjacent to Grand Avenue and is a sub -area that may be comprised of a 50,000 square foot office building or an expansion of the high-density units. Should sub -area 3 not develop with an office building the totality of the acreage together with Planning Area 2 could JUNE 22, 2004 Page 6 PLANNING COMMISSION not exceed 200 dwelling units; 4) Sub -Area 4 was the existing Open Space located between the Montefino and the Inter -Community property and land that wraps around the church property and would serve with enhancements to separate the residential land uses from the commercial land uses. DCM/DeStefano pointed to two existing access points from Golden Springs Drive to the Church property. The access point located closest to Grand Avenue would be relocated to better accommodate the proposed commercial project within sub -planning Area 3. The existing driveway further away from Grand Avenue on Golden Springs Drive would remain in place. There was only one existing driveway just east of Grand Avenue that would be relocated to sub -area 1. At the signal that supports the Diamond BarVillage project there would be a proposed second driveway on Golden Springs Drive that would serve the commercial area, the church institutional area and the residential area to the east. A third driveway would be created for the office/high density project located adjacent to the toe of the slope below the Montefino complex. DCM/DeStefano stated that the proposal within sub -area 1 for commercial purposes was to construct a 140,000 square foot "big -box" retail anchor. The City and property owner had attempted to acquire a large sales tax producer for the City. At the corner of Grand Avenue and Golden Springs Drive was a proposal for a full-service minimum 6,000 square foot restaurant. South on Golden Springs Drive near the proposed relocated driveway was a proposal for an in-line or single sales tax producing retail operator and additional retail. The fourth and fifth areas further south were a likely location for a proposed Calvary Chapel bookstore and coffee shop. To the east of the bookstore/coffee shop would be the area for the proposed "institutional" use, a 50,000 square foot building that would occupy a future sanctuary for Calvary Chapel. DCM/DeStefano stated that should the Commission recommend City Council approval and with City Council approval, the Planning Commission would see details of the various project proposals in subsequent meetings. The Planning Commission was not being asked to approve components of the proposal, only the overriding zone changes, etc. DCM/DeStefano explained that the proposed development was a tool permitted within California State law and within the City's Development Code. The Development Agreement establishes benefits and obligations for the private developer and the City and is, in essence a contract between the two parties. The public benefits associated with the Agreement included development impact fees for park fees (Quimby Fees); traffic mitigation fees JUNE 22, 2004 Page 7 PLANNING COMMISSION on Grand Avenue, Golden Springs Drive and a fair -share contribution toward future improvements necessary to reduce area wide traffic impacts. In consideration of the entitlement of existing commercial property for residential purposes, the developer had agreed to pay the City a Development Agreement Fee of $2,000,000 based upon a schedule outlined within the Agreement i.e. to post a $2,000,000 Letter of Credit (LOC) in favor of the City to be drawn down upon by the City should the Development not commence construction of the anchor tenant by June 2005 and complete construction of the anchor retail tenant by April 2006 in accordance with the timeline established in the Agreement. in addition, the Agreement established the quality and type of high quality retail tenants for the center such as Home Depot, Lowe's and Target. The Agreement is the result of negotiations between the developer and the City and has been approved by the City Attorney. DCM/DeStefano reported that none of the topical issues previously examined in the Medical Plaza FEIR and/or Economic Revitalization would, because of the project's proposed changes, manifest at levels greater than assumed in those earlier documents and that all such impacts would occur at either comparable or reduced levels than that assumed therein. As such, EIS did not indicate that substantial changes were proposed in the project that would require "major revisions" of the previous Environmental Impact Report or require the Lead Agency's preparation of a subsequent or supplemental EIR. Public Notice for the Planning Commission public hearing was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on June 11, 2004, and public notices were mailed to all property owners within a 700 -foot radius of the project site on June 10, 2004. The project site was posted with a display board and the public notice was posted in three public places within the City. Staff recommended that the Planning Commission recommend approval to the City Council of General Plan Amendment No. 2004-01, Zone Change No. 2004-02, Specific Plan No. 2004-01, Development Agreement No. 2004-01 and the Addendum with the Findings of Fact and conditions of approval as listed within the Draft Resolution. DCM/DeStefano responded to VC/Tanaka that the agreement provided for traffic mitigation by the developer. He reiterated that the previous EIR assumed comparable or reduced traffic impact levels. JUNE 22, 2004 Page 8 PLANNING COMMISSION DCM/DeStefano responded to C/Low that the Specific Plan was very detailed with limited flexibility for the developer primarily in the area of architecture and landscaping. Major revisions to the Specific Plan would require at least one public hearing before the Planning Commission and at least one public hearing before the City Council. The Specific Plan created new zoning for the property. Property ownership would ultimately be determined by the configuration of parcels. For example, ownership of the 200 residential units would ultimately pass to the purchasing individuals. The church was anticipated to retain its ownership. Inter Community Health Services was in escrow to sell the property to Lewis for the condominium - townhouse project and Lewis had an agreement with the church to purchase the retail portion of the project. The retail portion of the -project could potentially be subdivided and sold off. Often anchors wished to own their own properties, for example. Staff would propose that the entire project would appear seamless. DCM/DeStefano stated that all participating property owners and potential property owners were in agreement with the proposed Specific Pian. It would not be necessary for the church to be a party to the Development Agreement in this instance. David Lewis, 1156 Mountain Avenue, Upland complimented DCM/DeStefano on his thorough presentation of the proposed project. He stated that this development would have the Lewis stamp of quality and a guarantee that there would be the highest attention to detail so that the project would meet and exceed all expectations. He brought with him a team of consultants including representatives from the traffic engineer firm of Linscott, Law and Greenspan an environmental impact preparation firm and CEQA experts from Beverage and Diamond. Additionally, Gary Ballard and Thomas Ashcraft from Lewis Retail Centers were in attendance. C/Low asked Mr. Lewis when he expected to make a decision regarding sub- area 3 as to whether it would consist of an office building or residential. Mr. Lewis responded that he expected sub -area 3 would be residential. Lewis was currently working with Brookfield Homes and John O'Brien from Brookfield Homes was in attendance tonight. The current plan anticipated using the entire Citrus Valley Health Partners site for Townhomes for sale. C/Low asked how much of the 25 acres Open Space was usable and whether it would be landscaped or left in its natural state. Mr. Lewis responded that he anticipated the Open Space would be left in its natural condition with consideration for fuel and slide issues with the homeowners association and the merchants association in charge of maintaining the open space between the flat parcels. C/Low asked about joint -use parking agreements. Mr. Lewis responded that the parking plan was not finalized although they had specific input from Calvary Chapel that the church did not JUNE 22, 2004 Page 9 PLANNING COMMISSION want to share any of their parking with the retailers. Likewise, Lewis had received specific instruction from some of the major retailers that they would not want to share any of their parking with Calvary Chapel. In addition, both entities individually envisioned parking that would exceed the City's code. Chair/Nolan asked for clarification of the proposed use for sub -area 3 currently earmarked for construction of office and business -park. Mr. Lewis responded that he anticipated the 200 townhouses would be build across the entire site. However, it was premature to say there was no anticipation to use the office site for office. Certainly the potential for office was included in the EIS and the traffic study contemplated that and other uses. Today's best guess would be that the entire site would be used for residential but he wanted to reserve flexibility in the final determination. C/McManus asked Mr. Lewis if he had anything to do with the Calvary Chapel parking structure and Mr. Lewis responded that their contractual obligation included providing a certain number of spaces for Calvary Chapel exceeding the City's code. In response to Chair/Nolan, Mr. Lewis said he had the flexibility within the contract to determine the feasibility of a parking structure or surface parking layered into the slope between the residential site and the Calvary Chapel site. He estimated that the pastors would use the new sanctuary for services and convert the existing sanctuary to daycare, offices and possibly expand the recording studio. Mr. Lewis expressed that the $2,000,000 Letter of Credit was near and dear to the heart of Lewis as well as to his personal salary and that he was very confident that he -could deliver a retail entity at that location. To C/Low Mr. Lewis responded that the church was willing to share the Golden Springs Drive driveways. Chair/Nolan thanked Mr. Lewis for his participation. Chair/Nolan opened the public hearing. Aziz Amid, President, Diamond Bar Chamber of Commerce, thanked DCM/DeStefano and staff for their efforts toward bringing this project forward. For a number of years residents have voiced concern about the lack of quality shopping, dining and entertainment in the community and the' Chamber shares those concerns. The Chamber views this project as a much needed economic development stimulant and is certain the Planning Commissioners would do their due diligence in assuring the needs and JUNE 22, 2004 Page 10 PLANNING COMMISSION expectations of the community were met. The Chamber asked that the Commissioners view this proposal with a sense of urgency and expedite a favorable decision in view of another major planned development in progress on Grand Avenue north of the SR 60 in the City of Industry. The Chamber believed that the City must show flexibility and insure that the best opportunities were not lost in its zeal to dot every "I" and cross every "T." Jesse Barela, 1170 Golden Springs Drive, and Associate Pastor of Calvary Chapel urged the Commission to pass the proposed resolutions. After working in the City he and his family chose to move to Diamond Bar and wanted the opportunity to shop and dine in Diamond Bar. Unfortunately, he and his family must go outside of the City to shop and eat out. Diamond Bar is a hub for three different counties connected by the freeway system. More than 12,000 individuals come from many adjacent cities to Calvary Chapel each week and he felt that development of the property would provide greater exposure to those visiting the area on a regular basis. In addition, the church provides outreach to young people and assists them in becoming good citizens. He urged the Commission to move forward with their approval. Don Karlin, 7 Rancho Laguna, Phillips Ranch, President of the Rotary Club of Diamond Bar said he spent considerable time reviewing the proposed Lewis plan and came to the Commission to speak in favor of the project. As a resident of the area and with his involvement in community and business he does everything possible to give his business to local businesses. The Diamond Bar Rotary is an integral part of getting local business people together. Unfortunately, there is not a lot of choice for meeting places in Diamond Bar. His wife shops at the Brea Mall and the new Chino Hills development. Grand Avenue serves as an arteryfor Chino Hills' residents to drive through Diamond Bar without spending money and he felt this project would be an excellent opportunity to capture some of those potential lost retail dollars. He has worked with Lewis in the past and found this project to be very cutting edge. He felt the City could not ask for a better developer because Lewis founded itself in the San Gabriel Valley and belonged to this area. He recommended the Planning Commission approve the proposed resolutions. There being no further testimony offered, Chair/Nolan closed the public hearing. — C/McManus stated there was no apparent opposition to this proposal. The Commissioners had thoroughly reviewed the materials, he had met privately with Lewis and there had been other study sessions regarding this proposal. He felt the project would be developed in a mutually beneficial manner to the JUNE 22, 2004 Page 11 PLANNING COMMISSION developer and to the community. And, as Mr. Karlin pointed out, this community was in dire need of new retail. In response to VC/Tanaka DCM/DeStefano responded that the traffic studies were conducted this year taking into consideration new development since the original E1R. C/Tye said his observation was that Lewis had done an excellent job of not only looking at the proposal from its own and merits but with an eye toward what was previously approved. The EIR was valid, constantly made reference to "no significant impact to..." and the project was outstanding. He believed this was a good project with good retail and provided -the City with a going -forward mechanism that would allow the City to accomplish many things the City wanted and needed to accomplish. One of the comments in the initial study concluded that the proposed uses would be substantially less intensive than the uses associated with the previously approved project. In his opinion, the City was getting a better project with sales tax revenue through a win -win-win situation. C/Low was very impressed with the Specific Plan as presented and felt the level of detail, architectural renderings and mode of construction for a project that would ultimately benefit the quality of life in Diamond Bar was excellent. She felt the City was working with quality developers who would in turn work with the City to formulate a mutually beneficial project and she said that she was very excited about the project. C/Tye stated that David Lewis's father and uncle were recently named to the Building Industry Hall of Fame. What was important to Diamond Bar was that that type of accomplishment did not occur over the short term and it was exciting to have a renowned company like Lewis excited about building in Diamond Bar. Chair/Nolan said it was a tremendous legacy for Lewis that its founders were included in the Building Industry Hall of Fame. When he visited the property he wondered why this hadn't happened sooner. Obviously, in light of the already approved Specific Plan there was extensive thought given to the fact that this would be an appropriate location for retail and the other amenities contemplated. He felt that one of the reasons this project was moving forward was that Mr. Lewis was willing to pull together reluctant owners in a common cause. He tipped his hat to the individuals who produced this plan. Secondly, the fair -share opportunities, the Quimby contributions and other funding mechanisms included in this project that were generally included by reputable builders in other projects were commendable. JUNE 22, 2004 Page 12 PLANNING COMMISSION 91 C/McManus moved, VC/Tanaka seconded, to approve Resolution No. 2004-22 supporting the addendum to the previously approved Environmental Impact Reports incorporating the previous documents and conditions the developer agreed to incorporate into the project. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: McManus, VC/Tanaka, Low, Tye, Chair/Nolan None None None C/Tye moved, C/McManus seconded, to recommend City Council approval of General Plan Amendment No. 2004-01, Zone Change No. 2004-02, Specific Plan No. 2004-01 and Development Agreement No. 2004-01 incorporating the previous documents, changes to the resolution and development agreement brought forth by staff through the Errata document as well as conditions the developer agreed to incorporate into the project. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Tye, McManus, Low, VC/Tanaka, Chair/Nolan None None None Chair/Nolan thanked Mr. Lewis and complimented staff and consultants for their participation in tonight's meeting. PLANNING COMMISSION COMM ENTSANFORMATIONAL ITEMS: None Offered. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: DCM/DeStefano reported that the Banning commercial project was scheduled to go to the City Council on July 20. He thanked staff that supported each other by putting the Lewis project together working closely with the City's consultants and the development team. He thanked the Planning Commission for reviewing an enormous amount of casework. pertaining to the Lewis project in order to make certain to forward a well -considered recommendation to the City Council. JUNE 22, 2004 Page 13 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 9:14 p.m. ectfully,$ubmitted, Ja&res DeSteno Deputy City M na Attest: 0 /d// Chairman Dan Nolan