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HomeMy WebLinkAbout5/24/2005MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 24, 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: Vice Chairman Low led the Pledge of Allegiance. 2 4 ROLL CALL: Present: Chairman Joe McManus, Vice Chairperson Ruth Low, and Commissioners Dan Nolan, Jack Tanaka and Steve Tye. Also present: Nancy Fong, Planning Manager; Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant; Fred Alamolhoda, Senior Engineer; Kimberly Molina, Assistant Engineer and Stella Marquez, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS APPROVAL OF AGENDA: As Presented. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of May 10, 2005. None Offered. C/Nolan asked that the record reflect that he led the pledge of allegiance for the May 10, 2005, meeting. C/Nolan moved, C/Tanaka seconded to approve the minutes of the Regular Meeting of May 10, 2005, as corrected. 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 MAY 24, 2005 Page 2 PLANNING COMMISSION 6. NEW BUSINESS: 6.1 Review of FY 2005-2006 Capital Improvement Program (CIP) for Conformity with the General Plan. AssocP/Lungu presented staff's report and recommended that the Planning Commission make the finding that the CIP was in conformance with the General Plan. VC/Low asked why project 20705 Lorbeer ball field was on the City's CIP list and not the responsibility of the school. C/Nolan explained that one of the General Plan objectives was to have joint use agreements between the City and the school districts and one of the joint use projects was lighting the ball field. The City Council approved budgeting funds to install artificial turf at the school however, there was a problem getting the school district to agree and enter into a formal joint use agreement with the City so the project was on hold and the City would not move forward without a formal agreement from the school district. VC/Low took exception to the City paying for vegetation control at freeway ramps and Caltrans rights-of-way adjacent to City streets because if the City continued to take care of the areas she felt there was no incentive for Caltrans to do their job. PM/Fong said that although it was Caltrans' responsibility the City was obliged to clean up the areas to enhance the look of the City. VC/Low asked if there was another method for getting Caltrans to take care of their responsibility. For example, the City seemed to have a joint use agreement with the library and problems existed with that agreement so Diamond Bar supplements the county with funding and the county does very little. SE/Alamolhoda explained that the City agreed to clean up two underpass areas on Brea Canyon Road and Golden Springs under the connector road. In addition to maintenance, the $50,000 budget item was for design and because the City was doing the design it will be low maintenance and something the City would control in the future. This problem is common to many cities. Caltrans has a very low budget for landscaping and maintaining rights-of-way and it is typical that if cities want to beautify and enhance the Caltrans right-of-way within their jurisdictions, they are obliged to pay for the enhancement and agreements. PM/Fong stated that through an agreement the cities enhance and maintain the rights-of-way for 20 years after which Caltrans assumes the maintenance. MAY 24, 2005 Page 3 PLANNING COMMISSION C/Tye moved, C/Nolan seconded to adopt Resolution 2005-22, finding the proposed FY 2005-2006 Capital Improvement Program (CIP) in conformity with the City's General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Tye, Nolan, Tanaka, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7. PUBLIC HEARING(S): 7.1 Development Review No. 2005-18 and Minor Conditional Use Permit No. 2005-07 — In accordance with Diamond Bar Municipal Code Sections 22.48, 22.56 and 22.68, this was a request to remodel and construct an approximate 1,289 square foot one and two story addition at the rear of the existing 1,305 livable square foot two story legal nonconforming single family residence with a two car garage. A Minor Conditional Use Permit approval would allow the continuation of legal nonconforming front yard setback distances. PROJECT ADDRESS PROPERTY OWNERS/ APPLICANT: 24339 Northview Place (Lot 7, Tract 42585) Diamond Bar, CA 91765 James M. and Kelley L. Golondzinier 24339 Northview Place Diamond Bar, CA 91765 DSA/Smith presented staffs report and recommended Planning Commission approval of Development Review No. 2005-18 and Minor Conditional Use Permit No. 2005-07, Findings of Fact, and conditions of approval as listed within the draft resolution. VC/Low said in her opinion the facade was very attractive. Responding to C/Tye, DSA/Smith said she began inserting "LA County Lot Averaging" when the project did not meet and would never meet the City's standards for single family lot sizes because of the way LA County originally divided lots. MAY 24, 2005 Page 4 PLANNING COMMISSION Eric Van Wetchel, Architect, said he read staff's report and concurred with the conditions of approval as written. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Tanaka moved, C/Nolan seconded to approve Development Review No. 2005-18 and Minor Conditional Use Permit No. 2005-07, Findings of Fact, and conditions of approval as listed within the resolution. AYES: COMMISSIONERS: Tanaka, Nolan, Tye, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Tentative Tract Map 062482 Development Review No. 2005-05 and Tree Permit No. 2005-03 — In accordance with Chapter 21.20 of the Municipal Code and Chapters 22.48 and 22.38 of the Development Code, this was a request to construct 180 condominiums consisting of 70 single family detached houses and 110 townhouses on 14.3 acres of land in the Specific Plan Sub-PA2 and 3 zones; a request to remove approximately 20 trees consisting of Oaks and Walnuts, and the keeping of 25.5 acres of vacant land in Specific Plan Sub-PA4 zone as Open Space. The proposed development included the removal of trees consistent with and implementation of the Diamond Bar Village Specific Plan approved by the City Council on June 29, 2004. PROJECT ADDRESS: West Side of Grand Avenue, South of Golden Springs Drive APN 8293-045-004 and 05 PROJECT OWNER: Lewis Diamond Bar LLC 1156 N. Mountain Avenue Upland, CA 91785 APPLICANT: Brookfield Southland Holdings, LLC 3090 Bristol, Suite 200 Costa Mesa, CA 92626 MAY 24, 2005 Page 5 PLANNING COMMISSION PM/Fong presented staff's report and recommended Planning Commission approval of Tentative Tract Map No. 062482, Development Review No. 2005-05 and Tree Permit No. 2005-03, Findings of Fact, and conditions of approval as listed within the resolution. John O'Brien, Brookfield Homes, presented the proposed planned development implementation of the Diamond Bar Village Specific Plan that was approved last summer. Brookfield Homes believes that this implementation, while reducing the density and presenting a very marketable approach will benefit the community by supplementing the vacancy use and presenting new homeownership opportunities. He introduced members of his project team. He said that on a positive note, the project managed to save additional Oak and Oak specimen trees. VC/Low asked Mr. O'Brien to address the amount of private and common open space compared to the overall size of the project. Using overheads Lance Walker, Landscape Architect, pointed out the various open space areas. The primary open space will house a resort -style swimming pool, restrooms, fountain, fireplace, tables, chairs, seating and pool cabana. Mr. O'Brien pointed out that in addition to the primary open space the more passive common open space areas would be the elements of the debris basins. Each detached home has a courtyard area suitable for patio, barbecue and a Jacuzzi in some cases. Each attached home has a small patio area available for outdoor use. PM/Fong reported that the landscaping percentage was 48 percent of the entire parcel and the lot coverage for buildings and driveways was 19 percent. She said that this project was well above the minimum standards for open space and for lot coverage and was well below the maximum coverage opportunity. She highlighted the open space areas using the overhead. Mr. O'Brien responded to VC/Low that the project would provide a range of trees from 24" box to some larger specimen trees in certain areas and the trees would be replaced at the required 3:1 ratio in the 24" box size and placed primarily in the debris basin area. Mr. O'Brien indicated to VC/Low that he would like to review a possible alternative wood fence with staff. He said that from a height perspective the family units were somewhat taller than the single-family units and were designed to represent two -stories out of grade with the remainder repressed into the earth. The attached home product was designed to provide a number of viewing opportunities to a maximum number of homes although there would be some limited view from the detached homes as they travel up the slopes into the debris basin areas. MAY 24, 2005 Page 6 PLANNING COMMISSION The views are primarily oriented toward the attached Townhomes. PM/Fong explained to VC/Low that as part of plan check a noise study would likely be required to determine what kind of building material would be required to acquire any necessary noise reduction. C/Nolan asked Mr. O'Brien to delineate the location of the setbacks of 6 feet and 10 feet. What percentage of the homes would have a 6.5 ft. setback versus a 10 ft. setback. Mr. O'Brien explained that the 6.5 ft setback between homes was in select locations between the detached homes and that the setback in the pedestrian areas would range from 14 to 16 feet as one traveled up the Paseo. He indicated that this type of product and corresponding setbacks had been built a number of times. He further responded to C/Nolan that the homes would extend all the way to Grand Avenue. C/Nolan wanted to know why the project was reduced from 200 to 180 homes. Mr. O'Brien explained that Brookfield worked with staff to provide a sellable community that met several restrictions. PM/Fong responded to C/Nolan that the parking met the 3:1 ratio excluding the parking areas outside of the gate. Mr. O'Brien stated that Brookfield provided additional guest parking on the entry road. C/Tye felt the parking would be inadequate and wanted to know how many spaces street A would provide. Mr. O'Brien responded an additional 16 spaces and it appeared there could be an opportunity to increase that number of stalls. C/Tye asked how homeowners would be prevented from parking in guest spaces and PM/Fong responded that it would require strong association CC&R's. C/Tye was concerned about sufficient parking for homeowners and the less than one guest -parking unit per unit. Mr. O'Brien said that crowded parking conditions were the nature of high-density homebuilding and that Brookfield had strong CC&R's that required garages to be occupied as garage spaces. In other communities the associations have adopted towing policies so that when residents continue to park cars that belong in garages or ownership cars within the site they are subject to towing. Other similar communities have been able to evolve and accept this condition. Mr. O'Brien indicated to C/Tye that Brookfield would provide vinyl double paned windows for the entirety of the project. C/Tye suggested that Mr. O'Brien compromise with staff and incorporate slump stone fencing rather than wood fencing. Mr. O'Brien thanked the Commissioners and staff for their support and said he and his colleagues were very excited about bringing this project to the MAY 24, 2005 Page 7 PLANNING COMMISSION market. Already there were several individuals who had signed their interest list. He thanked Lewis Operating for their support. Chair/McManus opened the public hearing. John Roe 1229 Porte Grande, Montefino Townhomes, said that his association of 543 Townhomes neighbors the project. As a board member he represents 1500 residents in Diamond Bar. When he received the public hearing notice it was the first notice he received that discussed removing trees and he was concerned about slope integrity for the 38 units on the slopes directly above the project. He asked for a copy of the plans showing the debris basins and how they would affect Montefino. He also wanted to know where on the slopes the sound barriers would be placed and how they would affect Montefino and he wanted to know where the 25 acres of open space would be. He said he read the EIR but did not understand whetherthe report said the slopes were safe or unsafe. Chair/McManus indicated to Mr. Roe that the Commission had the same concerns as he. The hillsides that slipped during the rain were developed prior to incorporation. He indicated that Mr. O'Brien and his colleagues as well as staff would address every one of Mr. Roe's questions and concerns. Mr. Roe said the association did not object to the proposed project. Ruth Clark, 22807 Chardonnay #2, said that she had trespassed on the property while walking her dog and noticed that there was one area where the hill was affected by the rain. She was impressed that the property remained dry in spite of the heavy rain. She was particularly concerned about the houses in the back that would be up the slope. She asked the City to leave the slopes and trees in tact. PM/Fong displayed an aerial of the proposed project area. The 25 acres of open space consists of all of the slopes. The project site is primarily on the flat portion. She pointed out the trees designated for removal and replacement that are at the bottom of the slope. The builder is trying to save as many Oak trees as possible and the slopes are beyond the project boundary. Mr. O'Brien said Brookfield shared the speakers' concerns and that they want to be good neighbors and can work with Montefino residents to complete the new community. The trees that are impacted are all on the MAY 24, 2005 Page 8 PLANNING COMMISSION lower portions of the slope. The slope will not be graded and the debris basins are merely to handle the runoff that comes down the slope. Brookfield cannot imagine that there will be debris runoff from the slope. However, it is a requirement of the project that it must provide debris basins. He assured Ms. Clark that the improvements the project provided would make the slopes safer. What is currently on site is a storm drain system that was never accepted by LA County and no maintenance was provided. This process will create a private homeowners association to maintain the storm drain system and to make certain that the County accepts responsibility for downstream outflow of the storm drain activity. Noise studies were done and there were no significant sound issues from the retail site and from Grand Avenue. Mr. O'Brien stated that the project completed studies to test the integrity of all of the slopes. The slope study is available for review and he offered to meet with the homeowners to explain the results. Mr. O'Brien indicated to Ms. Clark that if he had left her with the opinion that the homes would reside on the slope areas he had misspoken because no homes would be built on the slopes. Ms. Clark asked Mr. O'Brien to show her the trees that are proposed for removal. Mr. O'Brien said he would arrange a tour. Johnny Lee, 22809 Chardonnay, Unit #2, said he lives in one of the 38 impacted houses and wanted to know when construction would commence and how long it would take. He understood that there was a certain amount of noise associated with construction projects. Chair/McManus said that there was not yet a date certain for commencement of construction because the City Council would first have to approve the project. He also said that notifications regarding this project were sent to residents within a 700 -foot radius of the project site as required. Resident Mohammed, 1107B Golden Springs Drive, felt that the project would be very good for the community. Many homes in Diamond Bar are older and suffer from termite damage. Brookfield is a very good builder and they build nice homes. He was twice elected to the board of the Sunset Crossing Homeowners Association and the association enforces rules. No property owner can park in visitor parking and if they do so their vehicle is towed. If a visitor comes for a longer period of time such as a week the association issues a parking permit. His association has not had problems. He thanked the Commissioners for approving the project and said that if he purchased a home in the Village he would be a good neighbor to Montefino. MAY 24, 2005 91 Page 9 PLANNING COMMISSION VC/Low and C/Tye said they appreciated Brookfiield's immediate responses to the neighbors' concerns. C/Nolan said he appreciated the comments from the Montefino residents and he assured them that their comments were not lost on any of the Commissioners, would be duly noted in the minutes and that staff would work diligently to make certain the project proceeded in the proper manner. VC/Low moved, C/Tye seconded, to adopt a resolution recommending City Council approval of Tentative Tract Map 062482, Development Review No. 2005-05 and Tree Permit No. 2005-03, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS VC/Low, Tye, Nolan, Tanaka, Chair/McManus None None PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: C/Nolan said that on Monday he participated in the Los Angeles County Sheriffs STAR Golf Tournament. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. PM/Fong reported that a major rezoning issue for multiple sites should be considered during a Planning Commission Study Session on June 14 at 5:30 p.m. prior to the regular Planning Commission meeting and that dinner would be provided. Commissioners concurred. PM/Fong stated that today the Planning Department received the plan check for the burned out building on Brea Canyon Road at Pathfinder Road and that staff would do everything possible to expedite the rebuilding process. C/Tye asked for an update on what information was provided to Bristol Farms and Smith Brothers restaurant group relative to bringing their businesses to Diamond Bar. PM/Fong offered that ACM/DeStefano would respond to C/Tye's inquiry during the June 14 meeting. MAY 24, 2005 Page 10 PLANNING COMMISSION 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 8:32 p.m. Respectf)41y S Nancy Fong, F&rt'ning Ma Attest -