Loading...
HomeMy WebLinkAbout10_10_2017 PC MinutesMINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION OCTOBER 10, 2017 i 1 CALL TO ORDER: Community Development Director Gubman called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. CDD/Gubman advised the Commission that both Chair/Wolfe and Vice Chair/Mok live within 500 feet of the subject property being considered this evening under New Business Item 6.1 and have recused themselves from participating in tonight's discussion and were noted as absent. C/Mahlke volunteered to serve as Acting Chair for tonight's meeting which, without objection, was unanimously approved by the Commissioners PLEDGE OF ALLEGIANCE: 1. ROLL CALL: Present: Absent: C/Farago led the Pledge of Allegiance. Commissioners Naila Barlas, Frank Farago, Acting Chair Jennifer Mahlke Vice Chair Ken Mok, and Chair Raymond Wolfe Also present: Greg Gubman, Community Development Director; Dave DeBerry, City Attorney; and Stella Marquez, Administrative Coordinator 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Yuwen Wang, 24272 Breckenridge Court, said that in her opinion, the many and various modes of communicating and delivering information from the City to the public are still inefficient and inconsistent. While a lot of information is posted on the City's website, important information like the schedule of planning projects are not posted prominently and are not easy to access. For example, the planning projects schedule has no title and is buried at the very end of over 123 pages of tonight's agenda packet, and it is posted online with no indication of how to find it. At the January 19, 2017, GPAC meeting complaints about meeting minutes were posed to the director. He was asked if at the very least an audio file of the meeting could be posted within a couple of weeks to keep people interested in the process. The Director responded "maybe" and to date, no audio of the meeting has been posted. Draft minutes are posted sooner now for which she thanked staff. OCTOBER 10, 2017 PAGE 2,1-, _ PLANNING COMMISSION However, final minutes are not posted sooner than a couple of days prior to the next meeting. The minutes are scores of pages long and she was concerned that residents might not be able to read and understand the minutes, especially if they did not attend the meeting. She said her questions and comments represented many residents and interested stakeholders in the Diamond Bar General Plan Update process. She repeated the questions and asked for a response by October 17, 2017. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of September 12, 2017: C/Farago moved, AC/Mahlke seconded, to approve the Minutes of the Regular Meeting of September 12, 2017, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: 6.1 Barlas, Farago, Mahlke None VC/Mok, ChairM/olfe SUBJECT PROPERTY: Approximately 730 acres located in the eastern most portion of Diamond Bar (Tres Hermanos) CDD/Gubman stated that the City of Industry seeks to purchase the 2,400 acre Tres Hermanos Ranch property from the successor agency to Industry's former Redevelopment Agency. In fact, the City of Industry City Council has already approved this purchase. CDD/Gubman showed a slide of the portion of the cities of Diamond Bar and Chino Hills with the red border outlining the 2,450 -acre Tres Hermanos property and referred to the slide indicating that the upper portion highlighted in yellow indicates the approximately 700 -acres that are located within Diamond Bar's Corporate limits. The remaining area that was not highlighted was approximately 1,750 -acres located within Chino Hills corporate boundaries. Only that OCTOBER 10, 2017 PAGE 3 PLANNING COMMISSION portion of Tres Hermanos within Diamond Bar's city limits is addressed in this presentation. As previously indicated, the City of Industry City Council approved the proposed purchase of Tres Hermanos Ranch but notwithstanding that decision, in order to proceed with that purchase, California Government Code §65402(b) states that a city shall not acquire real property in another city with an Adopted General Plan for any public purpose, until the location, purpose and extent of such acquisition has been submitted and reported upon, by the planning agency having jurisdiction as to conformity with the city's Adopted General Plan. As to the intended use of the property, the City of Industry will only say that its purpose for acquiring Tres Hermanos is for "open space preservation, public facility, or other public purposes." City of Industry further states that it does not have any more definitive plans for the future use of Tres Hermanos Ranch. This claim, as detailed in staff's report and chronicled in the Resolution, is problematic for several reasons. One is that Government Code §65402(b) requires, as part of its submission, that City of Industry identify the location, purpose and extent of such acquisition, prior to acquiring the subject property. The information provided by City of Industry that accompanied the request for the Planning Commission's review does not identify City of Industry's purpose in acquiring the subject property, or any other portion of Tres Hermanos. Given that by definition a General Plan is the Land Use Document, a determination as to whether City of Industry's acquisition is consistent, can only be made if City of Industry identifies and provides reasonable details regarding its purpose. Second, City of Industry states that it is purchasing the subject property in compliance with Government Code §37351 which permits City of Industry to purchase property outside its jurisdiction as is necessary or proper for municipal purposes. It is unclear how it is that City of Industry can on the one hand, state that it is acquiring the property in accordance with Government Code 37351 and on the other hand, state that it has no definitive plans for the property. Third, City of Industry's claim to have no definitive plans for the land is contradicted by the fully executed master ground lease between City of Industry and a private entity named "San Gabriel Valley Water and Power." By way of the lease, it appears that upon acquisition of the property, City of Industry has committed itself to leasing Tres Hermanos Ranch to San Gabriel Valley Water and Power for a minimum of 25 years for a "solar farm and a reservoir." In particular, their lease requires San Gabriel Water and Power to prepare an initial study for a photovoltech solar project totaling in the aggregate, at least 450 megawatts of rated annual OCTOBER 10, 2017 PAGE 4 PLANNING COMMISSION output. In addition, the lease provides that San Gabriel Water and Power must use the subject property only for the purposes set forth in the lease. In addition, a number of consultants have performed environmental and other work for the San Gabriel Water and Power project. Attachment #9 to staff's report includes invoices, consultant lists and other documents pertaining expressly to a solar farm project. Given the above, City staff does not believe there is sufficient or accurate information for the Planning Commission to render its General Plan conformity finding. Finally, the application is untimely. The purpose of Government Code §65402 is for the Planning Commission's finding to be considered by the City of Industry's City Council as part of its decision- making process in deciding whether or not to purchase the property. As previously stated, staff understands that City of Industry's City Council has already approved the purchase of the property. In conclusion, City of Industry's representation that it does not have any definitive plans for the subject property appears to not be credible and is contradicted by evidence that suggests otherwise. It is thus staff's recommendation that the Planning Commission adopt the Resolution finding that City of Industry, as the applicant, has submitted both insufficient and inaccurate information making it impractical for the Planning Commission to render its finding, and to direct that the Applicant resubmit their application in conformance with both the spirit and the letter of Government Code §65402. AC/Mahlke opened public comments. Dr. Douglas Barcon spoke against moving the Diamond Bar Golf Course location to the northern section of Tres Hermanos because it would benefit Chino Hills and Phillips Ranch more than it would benefit Diamond Bar. He showed a photo of the border that lies between Los Angeles and San Bernardino counties. The City of Industry is planning to build a 440 megawatt or larger solar facility on the Tres Hermanos property. Since 1 megawatt of solar power requires 100,000 square feet (2.3 acres) which means that 440 megawatts would require about 1,100 acres. However, it is closer to 3.85 acres per megawatt on the low end of about 1,700 acres per the Kamuthi Power Plan in India and closer to 6 acres per megawatt per a survey by the National Renewal Energy Laboratory of the US Department of Energy. Sun -tracking solar panels require more space than stationary panels. Other estimates claim 10 -acres per megawatt. Based on the proposed density of Tres Hermanos, 440 megawatts would require 2,444 OCTOBER 10, 2017 PAGE 5 PLANNING COMMISSION acres. The City of Industry's solar proposal could require nearly all of the 2,450 acres of Tres Hermanos property and Diamond Bar cannot assess this without exact accurate engineering specifications from the City of Industry and accurate calculations of the heat island effect on homes, residents and wildlife in Diamond Bar. Based on current standards of $3.00 to $3.50 per watt, it would cost about $1.32 billion for this proposed facility, or $880 million at $2 per megawatt. Alternatively, City of Industry could fill Tres Hermanos with warehouses covered by rooftop solar panels and get double use of the property, or it could flood it with water from an unknown source to create a hydroelectric generating reservoir. He has had enough of the smoke and mirrors by the City of Industry and developers' intent on creating urban sprawl for maximum profit. Because of what City of Industry has done, Diamond Bar should ask for the assistance of the California Legislature through Assembly Member Phillip Chen per Government Code 654002(a). Industry is in violation of Government Code §65402(b). Jim Gallagher, Chino Hills, representing "Save our Tres Hermanos Ranch" stated that last night the Chino Hills Planning Commission ruled that they did not have enough information from City of Industry to affirm or deny the proposal meeting their General Plan. He expects a similar ruling this evening which seems to be an obligatory decision for this body. Now that the City of Industry Oversight Board has granted sale of the Tres Hermanos to City of Industry he believes it is time to back up and stand for more open space on this nearly 3,000 acres — no houses, no commercial or retail and no golf course. In every poll taken by his group, residents have said no to houses, roads, traffic, and commercial buildings. Residents say yes to open space and a green infrastructure and both cities should push for more promised space, trails and no solar panels. While it is true the Commission has no choice but to respond to City of Industry's proposal of open space and hiking trails and say that it does not conform to its General Plan designation. But as a reminder, what Diamond Bar is proposing through its General Plan is 624 units plus a possible golf course as a choice on 695 acres. Chino Hills (757 acres) is proposing 103 very high density units, 364 mix -use units, 15 -acres of commercial development allocated to a 50 -acre parcel with another possible 208 Agricultural ranch units. To him this is congestion/urban sprawl. These decisions by the planning commissions of each city are expected steps in this process. Shame on all of us that everyone always thought this land would remain "as -is" and allowed the transfer of residential and commercial designations to this property to meet state housing mandates. Both cities need to revisit their zoning of this property. There are other possible solutions. The upper Tres Hermanos property is designated by the US Geological Survey as an emerging fresh OCTOBER 10, 2017 PAGE 6 PLANNING COMMISSION water wetland habitat and it already works as a natural green infrastructure and provides ecosystems and service benefits to the wildlife in the communities. It is time to revisit as the cities negotiate with Industry and LA County to recognize that there is perhaps another solution for a green infrastructure investment which could boost the economy and enhance community health and safety, provide recreation, sustain wildlife and other benefits. Robin Smith said she agreed 100 percent with Jim Gallagher. She believes everyone knows enough about this issue to know that the City of Industry as a functioning entity cannot be trusted. It is obvious in the present Grand Avenue construction/destruction project. She is very thoughtful about the residents who are suffering on the border of the land and she is very disturbed to find out that in 2012 with all of the communications from the City of Industry to the state and federal conservation groups, they have not met their mitigation requirements and even said they did not have the money to do the mitigation which included some 10 -acres of coastal scrub. She personally saw the mature oak trees yanked out of the ground a couple of months ago and left to die on the SR60 onramp and sought to determine who the environmental supervisor was for the project. She found out that that supervisor is not very well thought of in the environmental survey community which is an unregulated community which should cause us to be mindful that just because there is an environmental survey it may not provide accurate information. That data is usually under reported which is how EIR's are typically "gamed" and those who care about living landscapes are not going to take it anymore. There is no more room for "mitigating" these projects. There is no nature out there that can put back what has been lost and is a really bogus concept. The losses are massive. Her group has documented "heat islands" and climate change is already present. She reminded everyone that the rain infrastructure in the wildlands within the City that is connected to Tres Hermanos already functions as a very efficient ecosystem, even in the midst of their degradation. There are fragmented ecosystems in neighborhoods such as her neighborhood. It amazes her how the habitats, coastal scrub and oak woodland continue to survive and provide benefits to people. She is very, very concerned that Diamond Bar is at the threshold of losing something vital to a healthy way of life in this community that gives this community a distinctive character. Little rusty cow logos do not cut it — this is not the character of a community, it is a logo a brand. It is not the same as knowing the destination by its character and its durable legacy which is the fragmented wildlands in the City like Steep Canyon, as well as Sycamore Canyon that connects with Tres Hermanos north. It is a very important habitat connection and she would OCTOBER 10, 2017 PAGE 7 PLANNING COMMISSION like to see Diamond Bar finally take steps to creating a real conservation element and doing the right thing and becoming environmentally responsible as a City. AC/Mahlke closed public comments. CDD/Gubman supplemented his presentation by bringing to the attention of the Commissioners and attendees of a memo he sent to the Commission via email earlier this evening, and provided hard copies on the dais. This memo covers a couple of items to provide additional evidence to find that City of Industry's application for a finding of General Plan conformity is incomplete, including a copy of the City of Industry City Council meeting agenda for Thursday of this week which contains a recommendation to ratify the master ground lease with San Gabriel Valley Water and Power LLC. The master ground lease is fully executed and it appears to have additional components to it that were not in the lease that was included in the staff report attachments published last Friday. Amendments to that lease are highlighted in the memo. In light of all of this evidence staff has presented thus far in addition to this memo, staff would suggest that additional language be added to Finding 2a of the Planning Commission Resolution. Highlighted in the memo is to add a sentence to the end of Finding 2a that states "because the application is incomplete, the 40 -day period for the Planning Commission to make a General Plan Conformance Finding has not begun to run" which specifically references the "shot -clock" in state law that requires the Planning Commission to render a decision as to conformity within 40 -days after that request has been made. Staff's position is that the request has not been properly made and although the Planning Commission is reviewing this matter and has been presented a Resolution within 40 -days of the request, staff wants to add to the record that the Planning Commission is doing so but not because of the receipt of a complete application for the reasons stated. CDD/Gubman asked that when the Planning Commission makes its motion that it include the additional language to Finding 2a. AC/Mahlke thanked staff for a complete and up-to-date report and information that makes this potentially very convoluted item easy to wade through and understand. AC/Mahlke moved, C/Barlas seconded, to adopt the Resolution with the addition to 2a (because the application is incomplete, the 40 -day period for the Planning Commission to make a General Plan Conformance Finding has not begun to run) finding that City of Industry, as the applicant, has OCTOBER 10, 2017 PAGE 8 PLANNING COMMISSION submitted both insufficient and inaccurate information making it impractical for the Planning Commission to render its finding, and to direct that the Applicant resubmit their application in conformance with both the spirit and the letter of Government Code §65402. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Farago, Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Mok, Chair/Wolfe 7. PUBLIC HEARING(S): None 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: AC/Mahlke reminded everyone that delightfully, Sprouts is opening tomorrow morning and she is sure they would love to see Diamond Bar folks out supporting their opening and welcoming them to the City. The store looks beautiful and she smiles every time she drives past the center. She is so proud about how the City will look to residents and visitors at that entry point. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman highlighted the General Plan Community Workshop next Thursday, October 19 at 6:30 p.m. in the Diamond Bar Center Grand Ballroom. The purpose of the workshop is to solicit feedback from the community on alternative land use plans that are anchored on alternative locations for a potential "town center." In addition to the input and feedback from that workshop and the online survey that is going live tomorrow will go back to the General Plan Advisory Committee on November 30 for discussion on its way to a future joint meeting with the Planning Commission and City Council to select a preferred alternative. Once completed, the preparation of the General Plan document will commence comprehensively concurrent with the EIR. The next Planning Commission meeting on October 24th has two items set for the agenda, a new single family residence at 2775 Shadow Canyon Drive and a "street vacation" and Quitclaim for Diamond Bar to relinquish a portion of Hawkwood Road that encroaches into The Country Estates that had previously been intended to be vacated when the subdivision surrounding that portion of the street was recorded which did not happen and prompted this cleanup of a loose end on that subdivision. OCTOBER 10, 2017 PAGE 9 PLANNING COMMISSION i 10. SCHEDULE OF FUTURE EVENTS: As posted in the Agenda. AC/Mahlke noted the GPAC workshop and the Barktoberfest this Saturday at Pantera Park. Also upcoming is the Family Fun Festival for Halloween. ADJOURNMENT: With no further business before the Planning Commission, Chair/Wolfe adjourned the regular meeting at 7:44 p.m. The foregoing minutes are hereby approved this 24th day of October, 2017. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jennifer Mahlke, Acting Chairperson