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HomeMy WebLinkAbout05/26/2009FILE COPY PLANNING COMMISSION AGENDA May 26, 2009 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Tony Torng Steve Nelson Kwang Ho Lee Kathleen Nolan Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21825 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. DIAI►IOND BART Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info _ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, May 26, 2009 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2009-09 1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman Steve Nelson, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recordina Secretary (completion of this form is voluntarv). There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Study Session: April 28, 2009. 4.2 Minutes of Regular Meeting: May 12, 2009. 5. OLD BUSINESS: None. 6. NEW BUSINESS: 6.1 Review of Fiscal Year 2009-2010 Capital Improvement Program (CIP) - Conformity with the General Plan. Recommendation: Staff recommends that the Planning Commission adopt Resolution No. 2009-09 finding the proposed Fiscal Year 2009-2010 Capital Improvement Program in conformance with the General Plan. 7 PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: MAY 26, 2009 PAGE 2 PLANNING COMMISSION AGENDA 8. STAFF COMMENTS / INFORMATIONAL ITEMS: 8.1 Public Hearing dates for future projects: 9. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: DIAMOND BAR/WALNUT SHERIFF'S STATION OPEN HOUSE: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: 10. ADJOURNMENT: Thursday, May 28, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Saturday, May 30, 2009 10:00 a.m. to 3:00 p.m. 21695 E. Valley Blvd., Walnut Tuesday, June 2, 2009 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, June 9, 2009 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, June 11, 2009 — 7:00 p.m. Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive a DRAFT MINUTES OF THE CITY OF DIAMOND BAR STUDY SESSION OF THE PLANNING COMMISSION APRIL 28, 2009 CALL TO ORDER: Chairman Torng called the Study Session to order at 6:05 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. ROLL CALL Present: Commissioners, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson, Chairman Tony Torng. Absent: Commissioner Kwang Ho Lee Also present: Greg Gubman, Acting Community Development Director; Brad Wohlenberg, Assistant City Attorney; John Douglas, Consultant, Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. Draft Housing Element ACDD/Gubman reminded the Commission that this follow up Housing Element Study Session was a third in a series that began about a year ago on May 13 and May 27, 2008, to get an overview of the requirements of what was required by cities to prepare a Housing Element on a six-year cycle. After receiving the Planning Commission's input, the City Council held a subsequent joint study session on August 5, 2008. Following the City Council Study Session, staff submitted the Draft document to the State Department of Housing and Community Development (HCD) for review, comment and ultimately, certification. Following HCD's review of the document, staff held a joint telephone session to answer their questions and help them complete their comments. Staff received HCD's response letter in mid- October 2008, a letter that details the issues that need to be addressed in order to receive certification of the Housing Element. Key points raised in the comment letter as indicated in the packet provided this evening include: 1) additional verification of how the Regional Housing Needs Assessment (RHNA) numbers would be met; provide more detail about how the City will commit to rezone properties to meet the target housing number; and, indicate how the City will allow and encourage emergency shelters as mandated under SB 2. Staff's goal for tonight's study session is to share the revised document and key points with the Commission and follow up with a joint study session with the City Council next month after which the document will be resubmitted to HCD. &DRAFT APRIL 28, 2009 PAGE 2 PLANNING COMMISSION STUDY SESSION John Douglas, consultant, stated that what Diamond Bar is experiencing with the state is very similar to what every other jurisdiction in southern California is experiencing — a lengthy critique asking for additional commitments and information. As a result, Diamond Bar is in the same boat as everyone else. The Housing Element is different from every other element within the General Plan because it is the only one in which the state has a role to review the document and issuing their opinion as to whether it is in compliance. Having the state's certification of the Housing Development may help the City defend against legal challenges of its General Plan. Under very unusual circumstances, courts can intervene and order that certain projects be approved such, as high density residential projects. If the City's Housing Element cannot demonstrate that the City has adequate sites for low income housing that requirement will carry over and the next time the Housing Element is updated the City will have to demonstrate not only the adequate sites for the new period but also the carry over from the old period which could make it even more difficult to comply. SB 375 (Global Warming Law) is sweeping in its terms that states if a City has a fully compliant Housing Element it has a shelf -life of eight years. If it is not in compliance the Housing Element must be updated on a four- year cycle. Mr. Douglas stated that every city must accommodate at least one emergency shelter, which means that the city must have zoning that would allow an emergency shelter to be established through a simple, streamlined, "by right" procedure. SB 2 deals with emergency shelters as well as transitional and supportive housing. Emergency shelter means a place where a homeless person can drop in on a day- to-day basis. If the shelter has room they must allow the person as long as that person meets the rules of the shelter. Typically, no individual can stay at a shelter for more than six months. Transitional housing is more of a long-term situation such as an apartment or house. People who live in this type of housing are typically placed there through a program. Cities are not required to build these types of facilities. The solution to providing this type of facility should be led bythe non-profit sector with government assistance. The RM zone could be designated where there are existing church facilities and that a shelter could be established by a church in the RM zone. Mr. Douglas referred the Commission to the SGVCOG's Regional Homeless Services Strategy Phase I Report, available on the COG's website, for further information on regional homelessness issues. Mr. Douglas further stated that the next discussion item has to do with how the City is going to demonstrate that it can meet its needs with fair share RHNA. Every city is allocated a fair share of new housing to accommodate the region's growth needs for different income categories. The lower income category has to be a certain level of density in order for it to be financially feasible to be built. Based on the current level, Diamond Bar cannot demonstrate any capacity for lower income housing. MRTAIT-51i APRIL 28, 2009 PAGE 3 PLANNING COMMISSION STUDY SESSION Because the City does not have any vacant land that is zoned to allow relatively high density housing (30 -units per acre or typically a three-story building) the law says that the City must commit to identifying areas that will be rezoned within a couple of years to allow that type of housing. As a result, a commitment to survey potential areas that could meet that need has been placed within the Housing Element, which means that within two years the City Council will select and rezone at least 15'/2 acres to accommodate this need. Four different areas have been identified in the appendix that could potentially meet this need. The ultimate decision is up to the Planning Commission and City Council as to which area makes the most sense. The options are listed in Table B-1 under Residential Land Inventory: 1) Kmart site; Tres Hermanos property; Latter Dav Saints Church; and the Aera Energy project. A list of potential sites establishes a way for the City to ultimate reach its goal. Once the Housing Element is complete and adopted, follow- up implementation will be to conduct further study (possibly an EI R) on one or more of these properties followed by an ultimate decision as to which site would include a designation for high density housing. ACDD/Gubman elaborated on the potential of each site. VC/Nelson asked how important it was to locate this type of housing close to shopping, etc. He believed the Kmart site would be preferable. Mr. Douglas responded to C/Nolan that even though these are referred to as "low income" units, the issue is really "density." There is no requirement that they be built. The key requirement is that the City has zoning that allows 30 -units per acre to be built. And whether they turn out to be affordable to low income families, perhaps they will and perhaps they will not. The City would probably have to have a non-profit developer that was interested in partnering up in order to make the units affordable to low income. ACA/Wohlenberg stated there is a presumption in affordable housing laws and almost every zoning code that higher density is more desired by property owners. In the last housing cycle this trend flipped on its head and once in awhile that presumption does not work out. Mr. Douglas said that even if a project were built that qualified as lower income affordable one would not be able to determine that by driving by because all development has to meet design standards and development standards. ACDD/Gubman explained that Claremont has an inclusionary housing ordinance wherein if one is doing a development and building seven or more units a certain number must be allocated for lower income households. The requirements are thatthose units must be fully integrated within the development so that from the exterior they are identical. The interior amenities may be downgraded or the unit sizes might be smaller but in terms of being part of an integrated development there would be no visible difference. APRIL 28, 2009 PAGE 4 PLANNING COMMISSION STUDY SESSION Mr. Douglas responded to Chair/Torng that Diamond Bar's RHNA fair share of the 700,000 units of the SCAG region is about 1000 units. In about five or six years from now there will be another forecast and another assessment of fair -share allocations. If the City does not accomplish its numbers, there is no penalty for not achieving these numbers so long as the City has a Certified Housing Element and it is following through on its commitments. SB 375 may promote in future Housing Element cycles a higher share allocated to the more urbanized areas next to Metrolink and freeways, and lower share allocated to the areas not close to convenient mass transit. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the Study Session at 7:05 p.m. The foregoing minutes are hereby approved this 12th day of May, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Tony Torng, Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 12, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:01 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1 F� ROLL CALL Present: Commissioners Kwang Ho Lee, Vice Chairman Steve Nelson, Chairman Tony Torng. Absent: Commissioners Kathy Nolan and Jack Shah were excused. Also present: Greg Gubman, Acting Community Development Director; Katherine Laufenburger; Senior Planner, and Stella Marquez, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4 CONSENT CALENDAR: 4.1 Planning Commission Minutes: 4.1.1 Study Session of April 28, 2009 — due to a lack of quorum, the item was continued to May 26, 2009. C/Lee moved, C/Shah seconded, to approve the Regular Minutes. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan, Shah 4.1.2 Regular Meeting of April 28, 2009 — approved as corrected 5. OLD BUSINESS: None. MAY 12, 2009 PAGE 2 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING: PLANNING COMMISSION 7.1 Conditional Use Permit No. 2009-01— Under the authority of Diamond Bar Municipal Code Section 22.58, College Focus submitted a request to provide college counseling and tutoring services to high school age students. (Continued from April 28, 2009) PROJECT ADDRESS PROPERTY OWNER 2040 Brea Canyon Road, Suite 230 Diamond Bar, CA 91765 Plaza Diamond Bar Partners LLC 3029 Wilshire Boulevard, Suite 202 Santa Monica, CA 90403 APPLICANT: College Focus 2040 Brea Canyon Road, Suite 230 Diamond Bar, CA 91765 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lee asked if liquor was sold near the site. Tami Schmitt, representing the property owner, responded that she believed the sushi restaurant sells only beer and wine. There is a liquor store at 2020 Brea Canyon Road in the building next to the subject site and an Indian Restaurant and Deli in the immediate area as well. There were no ex parte disclosures. Chair/Torng opened the public hearing. Mark Corkery, applicant, gave a background on the company and spoke about the business. He said the company had been located in Diamond Bar for the past three years. 9DRAFT MAY 12, 2009 PAGE 3 PLANNING COMMISSION Mr. Corkery responded to C/Lee that the company assists high school students. C/Lee asked how close the business was to the liquor store. Mr. Corkery said he did not understand the reason for C/Lee's question because there is a business catering to a similar age group right next doorto this business. Mr. Corkery said the sushi bar is no more than 30 yards from his door. The liquor store is not in the same building but in the building next door. Since this is a college counseling agency it has a lot to do with the students making decisions about colleges with parental support. Since the parents are paying for college they need to be involved with the process and many times are present at the counseling sessions. If Mr. Corkery is to assume that C/Lee's concern is whether students would have access to alcohol in his facility it would not be the case because parents are with the students. Chair/Torng asked Mr. Corkery if he read and concurred with the conditions of approval including the limitation of five students per session and Mr. Corkery responded affirmatively. There was no one present who wished to speak on this matter. C/Lee moved, VC/Nelson seconded, to approve Conditional Use Permit No. 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan, Shah 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None Offered. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ACDD/Gubman stated there would be a Planning Commission meeting on May 26. The only item on the agenda is consideration of the Capital Improvement Program for Fiscal Year 2009/2010 and to make the annual finding of General Plan consistency. The budget is scheduled to be considered by the City Council at its June 2 meeting. MAY 12, 2009 PAGE 4 PLANNING COMMISSION C/Torng reported that a Study Session for Site D Specific Plan EIR would be held on June 9. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:16 p.m. The foregoing minutes are hereby approved this 26th day of May, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Tony Torng, Chairman CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 DATE: May 26, 2009 TO: Chairman and Members of the Planning Commission FROM: Greg Gubman, AICP, Acting Community Development Director BY: David Alvarez, Assistant Planner SUBJECT: Review of Proposed Fiscal Year 2009-2010 Capital Improvement Program (CIP) Plan for Conformity with the General Plan BACKGROUND: Each year, prior to the adoption of the City's annual budget, the Planning Commission reviews the proposed fiscal year Capital Improvement Program (CIP) for consistency with the City's General Plan and adopts a resolution to record its findings. The process is mandated pursuant to California Government Code Section 65401 (see Attachment 3). ANALYSIS: The proposed Fiscal Year 2009-2010 CIP is detailed in Attachment 2, and is comprised of the following expenditures: CIP 2009-2010 Expenditures Total Expenditures • Street Improvements $4,220,000 • Traffic Management/Safety Improvements $715,000 • Park and Rec. Im rovements $1,004,532 • Miscellaneous Improvements $2,017,026 Total: $7,956,558 Capital Improvement projects are funded by various sources: the City General Fund; Gasoline Tax Fund; Proposition "C" (Transit Fund); SAFETEA-LU Fund; Traffic Improvement Fund; Measure R (Local Return Fund); MTA Local Transportation Fund; Proposition 42 (Traffic Congestion Relief); Proposition 1 B; American Recovery & Relief Act; Developer Impact Fees; Community Development Block Grant (CDBG); Proposition 40 (Park Grant); Land & Water Conservation; Quimby Fees; Park Development Fund; Proposition A (Safe Parks); Recreational Trails Grant; Federal Highway Safety Improvement Program; and Federal Water Resources Development Act Authority. The Public Works and Community Services Departments develop the project list based on identified community improvement needs. Planning staff finds that the proposed 2009-2010 CIP is consistent with the adopted General Plan's Vision Statement and numerous Goals, Objectives, and Strategies, (including, but not limited to, the following: Circulation Element- Goal 1, Objective 1.2, Strategy 1.2.1 and Goal 3, Objective 3.1, Strategies 3.1.1 and 3.1.3, and 3.1.4; Resource Management Element- Goat 1, Objective 1.3, Strategy 1.3.7; and Land Use Element- Goal 3, Objective 3.2, and Strategy 3.2.8. Capital Improvement Projects Below is a summary of the various projects proposed under the 2009-2010 CIP: Street Improvement Projects Construction Projects - Street improvement construction projects include a variety of right-of-way and roadway reconstruction aspects such as overlay, median construction, new sidewalks and sidewalk repairs, new driveway approaches and repairs, and landscaping. o Chino Hills Parkway Rehabilitation, Design Phase • Slurry Seal Projects - Slurry Seal is a maintenance item on a seven-year cycle per neighborhood. The major cracks and holes are sealed and repaired; a thin layer of slurry is applied to extend the life of the existing road pavement; and the appropriate pavement markings are re-established (see Attachment 4). o Slurry Seal/Overlay — Area 6 o Slurry Seal/Overlay — Arterials Zone 3 and 4 Traffic Management/Safety Proiects Traffic Signal Projects - The City identified and conducted warrant studies for traffic signal improvement construction at various intersections to effectively accommodate the existing and future traffic circulation. o New Traffic Signal at Brea Canyon Cutoff at southbound State Road 57 On/Off Ramp (carry over) 2 GIP — Fiscal Year 2009.2010 • Traffic Calming Projects — Diamond Bar developed and is implementing neighborhood traffic management programs to enhance the quality of life on residential streets within neighborhoods across the City. Solutions vary accordingly and may include reducing the speeds of motorists, reducing the volume of traffic, or finding ways for residents living near schools to cope with the rush of pickup and drop off traffic. o Neighborhood Traffic Management Mitigations • Traffic Signal Management o Closed Circuit Television Cameras - battery backup system at five critical intersections. o Interconnect links for citywide synchronization system - Phase II. Parks and Recreation Improvements • ADA Retrofit Projects o Sycamore Canyon Park, Design Phase, ADA retrofit restroom doors for compliance requirements o Three mini parks: Stardust, Silvertip, and Longview South • Design o Washington Street Park • Trail Access o Sycamore Canyon Park, Phase III, middle section (carry over) o Sycamore Canyon Park, Phase IV, Rio Lobos Miscellaneous Improvements • Landscape Improvements o Grand Avenue Beautification — Additional aesthetic street and landscape improvements for Montefino Ave. to easterly City limit (carry over) o Median Improvements at Pathfinder Rd. between South Ramp 57 and Brea Canyon Cutoff o Curb ramp Installation on Castle Rock Rd./Evergreen Springs Dr. School Area o Median modifications on Diamond Bar Blvd at Post Office between Grand Ave. and Montefino Ave. o Sanitary Sewer Master Plan o Storm Drain Master Plan 3 C1 — Fiscal Year 2009-2010 RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution No. 2009 -XX finding the proposed FY 2009-2010 Capital Improvement Program in conformance with the General Plan. Respectfully submitted: �9/ Greg Gubma P Acting Community Development Director Attachments: Prepared by: avid Alvarez Assistant Planner 1. Draft Resolution 2. FY 2009-2010 Capital Improvement Program/Project List 3. Government Code Section 65401 4. Project Exhibits 4 CIP — Fiscal Year 2009-2010 PLANNING COMMISSION RESOLUTION NO 2009 -XX A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION MAKING FINDINGS, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65401, THAT THE PROPOSED FISCAL YEAR 2009-2010 CAPITAL IMPROVEMENT PROGRAM (CIP) IS CONSISTENT WITH THE GENERAL PLAN AND RECOMMENDING APPROVAL TO THE CITY COUNCIL. A. RECITALS On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan incorporating all State mandated elements. 3. The City Manager of the City of Diamond Bar has prepared a proposed Capital improvement Program and Budget for the City's 2009-2010 Fiscal Year which outlines a program identifying proposed public works improvement projects to occur during the Fiscal Year. The projects include, but are not limited to, street and highway improvements, traffic signal installations and modifications, and park improvements. 4. California Government Code Section 65401 requires the Planning Commission to review proposed public works projects for the ensuing fiscal year to determine compliance with the City's General Plan. 5. On May 26, 2009, at a regularly scheduled meeting, this Planning Commission, reviewed and discussed the City of Diamond Bar's proposed Fiscal Year 2009-2010 Capital Improvement Program, and the projects contained therein, and concluded said review prior to the adoption of this Resolution. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Park A, of this Resolution are true and correct. 2. Based upon the facts and evidence presented during the Planning Commission meeting regarding the City's proposed Fiscal Year 2009- 2010 Capital Improvement Program, including oral and documentary evidence provided by City staff, the Commission, in accordance with the provisions of California Government Code Section 65401, hereby finds as follows: (a) The projects identified in the City's proposed Fiscal Year 2009- 2010 Capital Improvement Program, Attachment 2, is consistent with the General Plan adopted July 25, 1995, including, but not limited to: (i) Circulation Element- Goal 1, Objective 1.2, Strategy 1.2.1 and Goal 3, Objective 3.1, Strategies 3.1.1 and 3.1.3, and 3.1.4; (ii) Resource Management Element- Goal 1, Objective 1.3, Strategy 1.3.7; and (iii) Land Use Element- Goal 3, Objective 3.2, Strategy 3.2.8, etc.) (b) The proposed projects comply with all other applicable requirements of State law and local ordinances, regulations, and standards; and (c) The proposed Fiscal Year 2009-2010 Capital Improvement Program is found to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301 of the CEQA Guidelines (operation, repair, maintenance of existing facilities). 3. Based on the findings and conclusions set forth above, this Resolution shall serve as the Planning Commission's report to the City Council regarding the General Plan conformity of the proposed public works projects in the City's Fiscal Year 2009-2010 Capital Improvement Program as required by California Government Code Section 65401. The Planning Commission shall: (a) Certify as to the adoption of this Resolution; and 2 C1 FY 2009-2010 (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar for use in its deliberations regarding the City's budget. ADOPTED AND APPROVED THIS 26th DAY OF MAY, 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Tony Torng, Chairman I, Greg Gubman, Secretary of the Planning Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 26th day of May, 2009, by the following vote to wit: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 3 CIP FY 2009-2010 DRAFT - 05/19/09 CITY OF DIAMOND BAR CAPITAL IMPROVEMENT PROJECT LIST FY 09-10 * Carry -Over from FY08-09 Improvernnt MTA Local - Prop 42 Project Description -Total Cost Fund Measure R Transportation Congestion Project# Project Description Total Cost- Gen Fd Gas Tax Local Return Fels Relief Prop 1B ARRA Street Improvement Projects 250,000 22310 Neighborhood Traffic Management Mitigations 200,000 200,000 01410 Slurry Seal/Overlay - Area 6 1,100,000 168,208 50,000 310,858 570,934 23909 Arterial Slurry Seat - Zone 3 & 4 2,220,000 90,000 90,000 450,000 1,770,000 24308* Chino Hills Pkwy Rehab 900,000 50,000 265,000 250,000 850,000 Total - Street Improvement Projects 4,220,000 218,208 50,000 310,858 850,000 570,934 450,000 1,770,000 * Carry -Over from FY08-09 * Carry -Over from FY08-09 Land & Wtr Rec. Trails Parks and Rec Improvements 25809* Sycamore Cyn Pk - ADA Retro Rstrm Bldg - Const. 313,512 130,120 85,640 97,752 25108* Sycamore Cyn Pk -Trail Phase III (Middle Section) 272,000 65,062 136,000 70,938 25208* Sycamore Cyn Pk - Trail Phase IV (Rio Lobos) 304,020 304,020 Washington Street Park - Design 50,000 50,000 ADA Retro -3 Mini Pks-Stardust, Silvertip & Lngview S 65,000 65,000 TOTAL 1,004,532 195,120 135,640 65,062 97,752 136,000 70,938 304,020 * Carry -Over from FY08-09 Improvernnt Project # Project Description -Total Cost Fund Prop C Developer Fees Traffic Management/Safety Projects 14699* Brea Cyn Cutoff @ SB 57 On/Off Ramp 250,000 250,000 22310 Neighborhood Traffic Management Mitigations 200,000 200,000 24808* CCN Cameras -Traffic Signal Mgt 175,000 175,000 25609* TS - Battery Backup Syst @ 5 critical intersections 90,000 90,000 Total -Traffic Projects 715,000 200,000 265,000 250,000 * Carry -Over from FY08-09 Land & Wtr Rec. Trails Parks and Rec Improvements 25809* Sycamore Cyn Pk - ADA Retro Rstrm Bldg - Const. 313,512 130,120 85,640 97,752 25108* Sycamore Cyn Pk -Trail Phase III (Middle Section) 272,000 65,062 136,000 70,938 25208* Sycamore Cyn Pk - Trail Phase IV (Rio Lobos) 304,020 304,020 Washington Street Park - Design 50,000 50,000 ADA Retro -3 Mini Pks-Stardust, Silvertip & Lngview S 65,000 65,000 TOTAL 1,004,532 195,120 135,640 65,062 97,752 136,000 70,938 304,020 * Carry -Over from FY08-09 DRAFT - 05119/09 CITY OF DIAMOND BAR CAPITAL IMPROVEMENT PROJECT LIST FY 09-10 Carry -Over from FY08-09 FY 09-10 CIP Projects Grand Total S7,s5s,5sa Funding Source Totals General Fund 368,208 Gas Tax Fund Resources Dev- I Project # Project Description Total Cost General Fd CDBG `SAFETEA-LU HSIP Prop C Act Auth Miscellaneous Improvements 850,000 Prop C - Transit Fund 390,000 25408" Grand Ave Beautification - Montefino to ECL 550,000 50,000 500,000 500,000 Curb Ramp Istln - Castlerk/Evergm Spgs Sch Area 117,026 117,026 1,770,000 26109" Medians -Pathfinder btwn SR57 & BCR 250,000 CDBG Fund 125,000 125,000 Sanitary Sewer Master Plan 500,000 Land & Water Conservation 500,000 Storm Drain Master Plan 500,000 Park Development Fund 500,000 Median Mod - DBS @ Post Office (btwn Gr & Mntfno) 100,000 100,000 304,020 TOTAL 2,017,026 150,000 117,026 500,000 125,000 125,000 1,000,000 Carry -Over from FY08-09 FY 09-10 CIP Projects Grand Total S7,s5s,5sa Funding Source Totals General Fund 368,208 Gas Tax Fund 50,000 Traffic Improvement Fund 200,000 Measure R - Local Return Fd 310,858 MTA Local Transportation Fds 850,000 Prop C - Transit Fund 390,000 Prop 42 - Traffic Congestion Relief 570,934 SAFETEA-LU 500,000 Prop 1B 450,000 ARRA - American Recovery & Relief Act 1,770,000 Developer Fees 250,000 CDBG Fund 312,146 Prop 40 - Park Grant 97,752 Land & Water Conservation 136,000 Quimby Funds 135,640 Park Development Fund 65,062 Prop A - Safe Parks 70,938 Recreation Trails Grant 304,020 Federal HSIP - Federal Hwy Safety Imp. Program 125,000 Federal Water Resources Development Act Auth 1,000,000 $7,958,558 CIP Project Type Totals Street Improvements Traffic Control Improvements Park and Rec. Improvements Miscellaneous Improvements 4,220,000 715,000 1,004,532 2,017,026 $7,956,558 GOVERNMENT CODE SECTION 65401 Review of public works projects for conformity with plan If a general plan or part thereof has been adopted, within such time as may be fixed by the legislative body, each county or city officer, department, board, or commission, and each governmental body, commission, or board, including the governing body of any special district or school district, whose jurisdiction lies wholly or partially within the county or city, whose functions include recommending, preparing plans for, or constructing, major public works, shall submit to the official agency, as designated by the respective county board of supervisors or city council, a list of the proposed public works recommended for planning, initiation or construction during the ensuing fiscal year. The official agency receiving the list of proposed public works shall list and classify all such recommendations and shall prepare a coordinated program of proposed public works for the ensuing fiscal year. Such coordinated program shall be submitted to the county or city planning agency for review and report to said official agency as, to conformity with the adopted general plan or part thereof. C 1 ty-w 1 dip, Act e r i a I u, r ry rtz-qj, r- am 57 BAR ig WY IE �MLEA�E M7 2.8 f`!SCAL YEAR GG -07 07-916 09-0 09-10 Itywide Residential Slurry Sea[ Progra4 MIR VINU BAR AREA SECTION FISCAL TO- 103.4 1 17.6 04-05 2 15.3 0506 3 15.8 06-07 4 14.0 07-03 M 5 U.2 08-09 = 6 10.8 09.10 MI 7 17.2 10-11 TO- 103.4 Project Meeting Schedule May 26, 2009 CITY OF DIAMOND BAR COMMUNITY DEVELOPMENT DEPARTMENT PLANNING COMMISSION REVIEW PROJECTS Project Location Case # PM Applicant PC CC PC CC PC CC 5/26/09 6/2/09 6/9109 6/16/09 6/23/09 7/7109 CAPITAL IMPROVEMENT CITYWIDE X (Fiscal Year 2009-2010 APPEAL OF PLANNING COMMISSION CUP 2008-06 KL APPLICANT: VERIZON PH APPROVAL OF CUP 2008-06 DR 2008-21 APPELLANT: GLORIA HUNG (Wireless antennas at 1405 Spruce Tree — Chaparral Middle School ADMINISTRATIVE REVIEWS Project Location Case # PM Applicant NONE PENDING PROJECTS Project Location Case # PM Applicant Status 22878 CANYON VIEW DR 2007-38 DA BILLY CHUNG APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION CLEAR CREEK CYN/ TTM 06166 KL AKBAR OMAR INITIAL STUDY RECEIVED. APPLICATION STILL INCOMPLETE MONUMENT CYN TM 2005-02 DUE TO LACK OF INFORMATION PROVIDED BY APPLICANT 5 -lot single family residential 23655 FALCONS VIEW DR 2006-02 LDM CHIEN YEH APPLICANT NOTIFIED OF INCOMPLETE APPLICATION —WAITING (Demo of and construction of new FOR ADDITIONAL INFORMATION single family residence 20657 GOLDEN SPRINGS MCUP 2009-01 NT BILL CHOW APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING Alcohol License FOR ADDITIONAL INFORMATION 2461 INDIAN CREEK DR 2006-39 DA JAY WALIA APPLICANT NOTIFIED OF INCOMPLETE APPLICATION —WAITING New Single Family Residence TP 2006-09 FOR ADDITIONAL INFORMATION 301 PROSPECTORS MCUP 2009-04 NT DOUG OLBRICH APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING Room addition with PP 2009-13 FOR ADDITIONAL INFORMATION 23135 RIDGELINE DR 2007-33 LDM PINNACLE BUILDING APPLICANT NOTIFIED OF INCOMPLETE APPLICATION —WAITING STRUCTURE/ORTIZ FOR ADDITIONAL INFORMATION LEGEND PH = PUBLIC HEARING X = NON PUBLIC HEARING PM = PROJECT MANAGER PC = PLANNING COMMISSION CC = CITY COUNCIL / / R o 2 ƒ �2 Uq 3 � > m 0 --LO 0"U@ cn CD e / m 3— 3 / G) § 3 m § 7 0 CD 3 > ���0 § �Ga � a f R m CD 3 3 • -< 0 o -n k�3 n( C) C 2i` D D C7 D@§ &_ \ �/� C� co to l< k,� 0)< « C) o ?% 2 kCL (D a k co CD3 C R CD k ©0 c Z - \ z o O m o k m 0 9 000 co CD SCOƒ 7 7 9 0 a § � — — — q 2 7 § o g R 79 aj ��� _ 2 § 77 CLF m (D m Do ƒ ) _ C) �0 � 0G)Q) 2 q - 3 B 00 - ad m CD � R 2°� ƒk cn e q0 o Fr- o g! > _ 0 2 CDm o(o J m CD 3 3 • -< 0 o -n k�3 o 2i` _c DEQ 0 m 2 \ �/� �rD ƒ� 2 z \ k,� k9 -n » ��o kCL (D a o co C k 7 CD k ©0 c Z r 2 E o O m m 0 CD - m p % a 7 000 CD q 3 _ % 7 7 9 0 a § � — — — o a 7 3.0 00 ��� CLF m m m w % _ ƒ ) \ C) �0 � i �9 ? 2 - 3 B m oN) R kƒ j CD § rj CL K � � 2 2ƒ �= So 00 $R %I g g o_ Q k 7 /CD (D@CL � CD CD ?/ +o m CD m , _ 2 k2 e k m -<I o g! > � «C --I ou O0--! q n 2i` 0 m O- \ q q D 2 z / D G) » �t /%