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HomeMy WebLinkAbout4/12/2005MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 12, 2005 CALL TO ORDER: Chairman McManus 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 Tye led the Pledge of Allegiance. 1 0� ROLL CALL: Present: Chairman Joe McManus; Vice Chairperson Ruth Low; and Commissioners Dan Nolan; Jack Tanaka; and Steve Tye. Also present: James DeStefano, Assistant City Manager; Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant: and Stella Marquez, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of March 22, 2005. C/Tye moved, C/Nolan seconded to approve the minutes of the Regular Meeting of March 22, 2005, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: COMMISSIONERS COMMISSIONERS: COMMISSIONERS: None Nolan, Tanaka, Tye, VC/Low, Chair/McManus None None APRIL 12, 2005 PAGE 2 PLANNING COMMISSION 6. NEW BUSINESS: 6.1 Artwork in Public Places. ACM/DeStefano stated that at the direction of the Planning Commission, staff obtained an artwork inventory and current policy manual from the City of Brea that deals with their 1 % for Artwork program" and kicks in with projects that exceed $1.5 million construction valuation. He verified that there is a provision in Diamond Bar's General Plan for artwork in public spaces. ACM/DeStefano responded to Chair/McManus that although most cities have not done so, Diamond Bar could choose to incorporate single-family residential construction in the resolution. C/Nolan felt the Brea policy manual was well presented and found the concept to be excellent and he found it especially intriguing that the program would possibly contribute to increased property values. C/Nolan asked how the' community had reacted to the Cougar at Summitridge Park. ACM/DeStefano said that as a result of private donations the City Council accepted the artists rendering as a donation to the City. C/Nolan said that overall he was in agreement with the concept of Brea's plan, He would, however, suggest that the commission be made up of five members rather than three. He encouraged the City to move forward to adopt a policy similar to Brea's policy. C/Low echoed C/Nolan's enthusiasm and felt that Brea's manual was fabulous and that it was thoughtful and thorough. She also agreed with the City's rationale for having such a project that it would increase property values and distinguish the City. She did not see a downside for the community and would like to have the program implemented. As she stated during the last Commission meeting and C/Nolan reiterated there are exciting projects currently underway in the City and it would be a good idea to implement the program before the those projects obtained their building permits. ACM/DeStefano responded to Chair/McManus that staff would notify the City Council that the Commission wished to move forward and get approval from CM/Lowry to invest time and energy toward putting a document together for the Commission's approval. APRIL 12, 2005 PAGE 3 PLANNING COMMISSION C/Tye cautioned the Commission about adding burden to the Target project, the condo project and the MCC project. C/Nolan felt C/Tye's point was well taken. Diamond Bar has no downtown/epicenter. Perhaps Diamond Bar could exclude problematic sites by waiving the fees. He acknowledged that Diamond Bar has business development problems. He failed to see how it would burden the Target project but felt it could burden the project at the south end of town. C/Low suggested that in certain cases the City could grant developers an extension of time to allow for 100 percent occupancy and positive cash flow in order to meet the 1 % commitment. ACM/DeStefano responded to Chair/McManus that the City would probably continue to see construction of custom single-family homes, a few more condominiums, hillside tracts and very little else unless the Tres Hermanos and the area between D.B. and Brea were to open up. On the commercial side there was potential for new development at Kmart, Site D and not much else. However, if this project were to move forward it would not preclude the Commission's goal for providing artwork, it would more likely be on an incremental approach basis. However, it was unlikely that this undertaking would be in place in time to capture the Target project and the residential project. ACM/DeStefano stated that with the Commission's direction staff would proceed as previously outlined. The Commission concurred. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2005-09 — In accordance with Diamond Bar Municipal Code Section 22.48, 22.38, 22.52 and 22.56, this was a request to construct a two story, single family residence of approximately 10,640 gross square feet including porches, deck/covered patio, and five car garage. The request included site improvements as well as a Minor Variance approval for a series of retaining walls to a maximum eight (8) feet exposed height in the rear yard, a Minor Conditional Use Permit approval for a circular driveway and a Tree Permit approval to remove and replace protected/preserved trees. PROJECT ADDRESS: 1948 Flint Rock Road (Lot 97, Tract 30091) Diamond Bar, CA 91765 PROPERTY OWNER: Christopher and Heidi Leu 1948 Flint Rock Road Diamond Bar, CA 91765 APRIL 12, 2005 PAGE 4 PLANNING COMMISSION APPLICANT. Pete Volbeda 615 N. Benson Avenue, Unit C Diamond Bar, CA 91765 DSA/Smith presented staff's report and recommended Planning Commission approval of Development Review No. 2004-29, Tree Permit No. 2004-12, Minor Variance No. 2004-08 and Minor Conditional Use Permit No. 2005-05, Findings of Fact, and conditions of approval as listed within the resolution. C/Tye asked if staff was comfortable that the walls would be sufficiently camouflaged. DSA/Smith responded to C/Tye that the walls were at the rear of the property and that they would be somewhat visible and camouflaged with hillside slope plantings. VC/Low asked if the entire eight -foot retaining wall was above ground. DSA/Smith responded that eight feet was the exposed height of the waif at its maximum height. VC/Low asked where the residents who are opposed to the tree permit resided in relationship to the project site. DSA/Smith pointed out that Sandra Starkey and Louis Alvarado lived on Rusty Spur Rd., a considerable distance from the property. DSA/Smith indicated to VC/Low that the guesthouse was attached and had an entrance separate from the main structure. With this approval the guesthouse cannot have a kitchen, etc., in accordance with the covenant and agreement. In addition, these units cannot be sold separately. C/Tanaka said he visited the site and found it to be very challenging. He was surprised that such a large home could be built on the pad. DSA/Smith concurred with C/Nolan that contrary to the statement contained in the April 11 protest letter there was a large home on Flint Rock Road and there were other vacant properties in the immediate area that would likely accommodate large homes. The 10,000 square feet for the project site included a very large deck, patio covers, etc., with livable area at approximately 8,000 square feet. C/Nolan felt that the City should consider relocating trees instead of approving replacement at 3:1 ratios. Chair/McManus said that it was very difficult to relocate Oak trees. C/Nolan pointed out that the most public relocation of an Oak tree in southern California was successful and he would like to push the envelope. VC/Low agreed that the City should do everything possible to see that relocated trees thrived. Chair/McManus pointed out that if the relocation effort were unsuccessful the City would lose out on the 3:1 replacement of boxes that were much more likely to survive. APRIL 12, 2005 PAGE 5 PLANNING COMMISSION Chair/McManus opened the public hearing. Pete Volbeda stated that this project includes a 13-14 foot high basement ceiling and it was a challenge to get the first floor lowered in order to reduce the grading. Initially, there were three walls in the rear and because it appeared "busy" he agreed to two walls only. The three new oaks shroud the base of the house. He said he would consult with his Arborist to see if it was possible to relocate the oak tree to the side. If the oak tree does not survive the relocation, it shall be replaced with three 24 -inch box trees. C/Nolan said he appreciated Mr. Volbeda's gesture. Mr. Volbeda responded to C/Nolan that there was a chance that they could grade down and come up sooner to reduce the height of the wails. C[Tanaka said he was impressed with the design of the house. C/Tye said he appreciated Mr. Volbeda's effort to relocate the tree. Chair/McManus closed the public hearing. C/Nolan moved, VC/Low seconded to approve Development Review No. 2004-29, Tree Permit No. 2004-12, Minor Variance No. 2004-08 and Minor Conditional Use Permit No. 2005-05, with the amendment to Condition (gg) on page 12 to include verbiage to attempt to replant the Oak tree or replace the Oak tree with the required 3:1 ratio, Findings of Fact and conditions of approval as listed within the draft resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, VC/Low, Tanaka, Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: C/Tye said he hoped to see everyone at the City's 16" Birthday Party at Pantera Park on Sunday, April 17. C/Nolan echoed C/Tye's sentiments and said that the Diamond Bar Improvement Association would sponsor the classic car show and beer booth. Chair/McManus said that unfortunately he would be out of town during the April 17 celebration. He asked if the community facilities district could be used in lieu of redevelopment. ACM/DeStefano explained that in the late 70's early 80's Mello- APRIL 12, 2005 PAGE 6 PLANNING COMMISSION Roos Districts were popular as a vehicle for financing developer's requirements for infrastructure and that the cost of the generally unpopular financing vehicle was borne by the future homeowner. The City was approached by Lewis to considerthis type of financing vehicle. Generally speaking, City management has opposed such a structure for a number of reasons. The City is gearing up for a City Council study session on community facilities districts in May or June. Typically, these financing vehicles apply to new construction. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: ACM/DeStefano stated that earlier this evening in his capacity as Hearing Officer he approved architectural changes to the Vons Grocery Store on North Diamond Bar Blvd. He explained the proposed project using the plan drawings. He said he felt the contemporary architecture would set the stage for future development in the City. Additionally, the entire parking lot area in front of Vans is scheduled for 90 degree parking and landscaping and a sign will be placed on the street. He thanked PM/Fong, staff and Vons for pushing the envelope on this project ACM/DeStefano responded to C/Tye that over the years staff has discussed the possibility of Vons increasing its square footage. In fact, there have been discussions about Vons and Sav-On swapping because Vons wants to be about 55,000 square feet — Sav-On is 53,000 square feet and Sav-On wants to be 25- 30,000 square feet and the current Vons store is about 25-28,000 square feet. However, the companies could not agree on a swap. C/Nolan reported that Vons was spending $100 million on the entire corporate chain to brand the Safeway/Vons shopping experience. ACM/DeStefano pointed out that an interesting new feature that would tend to capture additional shopping time and dollars was the addition of a Starbucks' Kiosk in the central portion of the store. ACM/DeStefano reported that about two weeks ago staff brought a moratorium to the City Council fortheir approval to prohibit a land use that eliminates the ability for medical marijuana dispensaries to be created in the City. The moratorium was enacted during the most recent City Council meeting. Next week staff will ask the City Council to approve a 10 V2 month extension of the moratorium. ACM/DeStefano stated that this year's Annual League of California Cities Planning Commissioners Conference is being held in Pasadena. ACM/DeStefano further stated that included within tonight's packet was staffs report on Business Registration, a matter currently before the City Council. In response to C/Nolan, ACM/DeStefano advised that for 16 years the County had managed the APRIL 12, 2005 PAGE 7 PLANNING COMMISSION City's business licensing of approximately 190 businesses in the City. Several concerns regarding the application and administration led the City to consider bringing it in-house. Staff believes there are between 1300 and 1800 businesses in the City. Therefore, in order to capture accurate information and promote the businesses the City Council is contemplating business registration with a small registration fee in conjunction with the County's business licensing. C/Tye said that for years he has maintained an office in his home in connection with his corporate employment and wondered if he would be subject to business registration. He also wondered if $10 per registration would cover the cost of staff to handle the program. ACM/DeStefano said that the $10 fee would not cover the City's first year startup and would not cover subsequent costs. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 8:20 p.m. Attest: anus, Chairman Respectfully Submitted, v � Jame eStefan }, Assistant City Manager