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HomeMy WebLinkAbout11/14/1994��............... _... MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 14, 1994 CALL TO ORDER Chairman Meyer called the meeting to order at 7:10 p.m. at the South Coast Air Quality Management District Office, Diamond Bar, California. PLEDGE OF ALLEGIANCE The audience was led in the Pledge of Allegiance by Chairman Meyer. ROLL CALL Present: Chairman Meyer; Commissioners: Schad, Fong, Huff, Flamenbaum Also Present: Community Development Director James DeStefano; Associate Planner Robert Searcy; Assistant Planner Ann Lungu; Interim City Attorney Michael Montgomery, Building Official Dennis Tarango; Recording Secretary Carol Dennis Commissioner Flamenbaum arrived at 7:45 p.m. Chair/Meyer welcomed Bob Huff as the new Commission member replacing Lydia Plunk. Chair/Meyer presented a plaque to former commissioner Plunk and thanked her for her service to the Planning Commission. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS Lydia Plunk, 1522 Deerfoot Drive,_ requested a transmittal be forwarded to City Council recommending the SASAK project be referred back to the Planning Commission for review. She urged the Commission to prioritize outstanding issues such as the development manual and a tree ordinance which need to.be written. She further requested the Planning Commission obtain information from On -Line regarding items of interest. Mrs. Plunk stated she is in favor of a maximum 90 day extension for LA Cellular since the area of Diamond Bar High School is one of the poorer reception areas. An alternative location needs to be found. With respect to Rim Fire Lane, she suggested the Commission review the Property Maintenance Ordinance for unfinished/abandoned structures. Regarding the proposed tree ordinance, Mrs. Plunk advised _ T - T 0111J11111' I' I November 14, 1994 Page 2 Planning Commission patience and diligence. The documentation for neighboring communities does not indicate whether the tree ordinances were effective. Dennis McCrury, a Diamond Bar resident, stated he is concerned about the enforcement of a tree ordinance. He is also concerned about the effect on the community. Max Maxwell, 3211 Bent Twig Lane, indicated he is in favor of a tree ordinance. CONSENT CALENDAR 1. Minutes of July 25, August 1, October 17 and October 24, - 1994. C/Schad requested the July 25, 1994 minutes reflect that he was on time for the meeting. A motion was made by C/Schad, seconded by C/Fong, and carried to approve the minutes as amended. C/Huff Abstained. CONTINUED PUBLIC HEARING: 1. VARIANCE No. 94-2. A request to construct a new three story single family residence in excess of the maximum 35 foot height limit. The site is located within the gated residential community known as "The Country". CDD/DeStefano stated that this is a continued public hearing from October 10, 1994 during which the applicant requested a continuance. The applicant is Frank Piermarini, 2100 Reservoir, Pomona, CA 91766 and the owners are Jeff and Regina Jan, 1553 Deer Crossing Drive, Diamond Bar. The proposed site is a lot on Rim Fire Lane and involves a variance for a single family residence proposed on a site which was previously slated for development. In late 1989, prior to the incorporation of the City, -an application was filed which involved this project. Since that time, the framing for the ground floor of the home has been built; however, the home has not been developed. The applicant is proposing a 7100 square foot home. The site is approximately 1.9 acres and, is severely restricted by a significant slope from the street down to the gully immediately adjacent to the property. The property has a �,, '�i, �. �r{.r .. , .. r.. I 1�4,�',,; � �.. .,;�_ l i, �. � -, h � ,. 7 � 1 i, it, ix 4f, " v i e t�.. s a .c.• �.. November 14, 1994 Page 3 Planning Commission significant number of oak and walnut trees and a Flood Hazard Area at the rear of the property in the ravine area that limits the available development area. The application before the Commission is a unique response to - the City code requirement and providing a reasonably sized, useable home for the property. The variance involves two areas: The first issue is the proposed unit exceeds the above AFG height of 35 feet. The original application involved a significant deviation from the height requirements. The current request for variance exceeds the City Code by nine inches. The second issue is the incorporation of a third story cellar below the main floor. The cellar occupies about 3000 square feet and the main and upper floors consist of approximately 2000 square feet each. Staff originally recommended denial. Although staff has recommended denying the updated package presented to the Commission, staff has had the opportunity to work with the applicant to resolve several aspects of the plan and now t' ' wishes to recommend approval of the proposed project. The issues included an understanding of the grading plans, the first floor foundation plans, as well as some of the specifics of the drawings. Staff's recommendation for approval includes a new resolution before the Commission with changes to the prior resolution highlighted. Staff now perceives topographic constraints and physical constraints regarding the project which warrants the need for a variance and a deviation from the normal standards which would not be inconsistent with homes in the area and homes which have been approved within "The Country" by the County of Los Angeles and the City of Diamond Bar. Staff recommends that the Planning Commission open the public hearing, receive testimony, and approve the project with the Conditions and Findings within the revised Resolution. Responding to C/Huff, AP/Searcy stated that according to zoning code, two floors and a cellar are permitted. The originally approved design of this project was for two floors with no habitable area under the first floor. The new plan includes a pool and recreation area which renders the project non -conforming to the code. In addition, the design of the home is now changed from the original approval which includes additional square footage and amenities. Chair/Meyer declared the public hearing open. fl'�IIIIIVII II! 1 {A FnR November 14, 1994 Page 4 Planning Commission Frank Piermarini, 2100 Reservoir, Pomona stated he is employed by the owners of the property, Mr. and Mrs. Jan, to design and build the home. The frontage of the lot is 50 feet, whereas the average lot in "The Country" is'100 to 150 feet. The lot is very steep with the existing natural slopes about one and one-half to one and seventy-five percent of the lot has a restricted use area. The basement (lower level) will serve as the owner's back ,yard. It will have a pool and recreation area. Due to the steepness of the lot, it would be very difficult to use the rear yard, thus the reason for the basement. Mr. Piermarini further indicated they have worked with staff to meet the requirements of the Building Code for the project to be approved. First, that the cellar be fifty percent below average finished grade, and second, the height not exceed 35 feet above the average finished grade. This has been attained through the use of retaining walls and grading. The cellar will be below the first floor level and street level. By adding another floor in the wasted area, it will strengthen the underpinnings. Mr. Piermarini continued they have received architecture committee approval from "The Country Estates". Responding to C/Huff, Mr. Piermarini stated one way to reduce the structure height by nine inches would be to raise retaining walls. Lydia Plunk, 1522 Deerfoot Drive, indicated she would approve I�I the project. Dan Buffington, 2605 Indian Creek Road, approves of the project as presented. Chair/Meyer declared the Public Hearing closed. Chair/Meyer asked for clarification of the Building Code. l BO/Tarango responded the Building Code is less restrictive than the Zoning Code and this building is well under the hl definition of 35 feet in height. Responding to C/Flamenbaum, CDD/Destefano stated the issue i 3' before the Commission is the applicant's desire to develop a '. home on a very difficult lot. The applicant is working within the confines of the Development Code which is not tailored for `! Diamond Bar and the hills within "The Country". Contained l ., - �m 71 ,fir _ . r I _ JL •'��' s ml L.. ' ,,_ ... 4 1CI>' 4. :I Irt. WPdb.� it�'.�, ai.,+�„61��a'�, QNN�� I��%4i C$.i�1S-a-�§'� a November 14, 1994 Page 5 Planning commission within this application is a statement which indicates the project will substantially conform to the site plan, grading elevations, etc. Responding to C/Huff, AP/Searcy stated the additional variance is the number of stories. The Building Code states there may be two stories. This project is two stores plus a basement which requires a variance. Chair/Meyer indicated the plans for this project are sketchy and leave a lot to be desired. There are basic points on the property which are not shown on the plans. If this is to be a public record, that record has big holes in it. Adequate grading plans should have been incorporated in this plan to establish grades. The plans could have been accurately drawn to reflect the grades. In addition, the topo should indicate all of the hazardous areas and the trees which are to be preserved. It appears that the building pad on the site is substantially smaller than the building pads on the adjoining and surrounding properties. These items are not adequately reflected in the plans which have been submitted to the Planning Commission. He further stated he finds it difficult and awkward the Commission is discussing a house of 35 feet in height that has an exposed face of over 60 feet. Chair/Meyer continued that in terms of full disclosure of the information of the site, it could have been done in a much better way and that better information could be submitted to the Planning Commission. He indicated that a judgement might be warran-ed. However, the proper documentation has not been presented to adequately support the Findings of Fact. Chair/Meyier asked Frank Piermarini to return to the Planning Commission with a complete set of project plans. A motion was made by C/Schad and seconded by C/Fong to continue the Public Hearing to December 12, 1994. The motion was carni d unanimously 5-0. 2. CONDITIONAL USE PERMIT No. 93-7 (1). A "request for an Extension of Time for operation of a temporary unmanned cellular communication facility consisting of a 75 foot wood monopole at a site adjacent to the SR 57 Freeway in an existing commercial development located at 21308 Pathfinder Road. AP/Searcy reported for an Ltens ion that the applicant has submitted a request of time to operate a temporary repeater November 14, 1994 Page 6 Planning commission facility located at 21308 Pathfinder. The temporary site was approved by the Planning Commission on.December 13, 1993 for a 75 foot wood monopole and structure to house the repeater equipment. The applicant requested the temporary facility at this location because of the terminationof services once provided from'a facility at Diamond Bar High School. The applicant was in the process''of negotiating with the school district to relocate at�the high school in addition to a couple of alternative sites. The importance of this facility as a tool to assist the Highway Patrol, Sheriff's Department, and Fire Department, in addition to regular customers, was stressed by the applicant. This value was underscored as the temporary facility went online shortly before the Northridge Earthquake struck` Southern California. Thus, the facility provided service to the community during the disaster. The original grant extended the life of the permit for- a period of six (6)'months from the date of installation witha six-month extension. The applicant submitted the request to extend the life of the permit to continue operations until�ia permanent site can be obtained. Currently, the City is processing two L. A. Cellular applications for permanent sites. The proposed locations are: Gateway Corporate Center, Raddison Hotel, and Diamond Bar Boulevard/Brea Canyon Road adjacent to the SR 57 freeway. The public hearing dates for these applications have not been set. Staff has reviewed the application and determined the repeater station is operating in the manner prescribed by the Conditional Use Permit granted by the Planning Commission. The applicant is requesting to continue operating on la temporary basis until a permanent site can be secured. No additional uses or expansion to the facility is proposed as la part of this application. Staff recommends that the Planning Commission approve a six- month extension of time or such time as the two additional alternate locations are approved for Conditional Use Permit 93-7 (1), Findings of Fact, and conditions as listed within the attached Resolution. Chair/Meyer declared the Public Hearing open. Linda Paul, L.A. Cellular, Box 6028, Cerritos, stated L.A. Cellular is in the process of obtaining two Conditional Use Permits for sites which will replace the current site. The November 14, 1994 Page 7 Planning Commission Diamond Bar High School location is not; an ideal cell site. The proposed locations will provide excellent cell coverage, and until the new sites are approved, the current site needs to remain in place. A motion was made by C/Flamenbaum and seconded by C/Schad to approve the project for six (6) month extension with a modification that 5.a. read "This grant!is valid for six (6) months from the date of approval. An extension of this grant may be requested in writing and submitted to the Community Development Director 30 days prior to the expiration date of this grant. An extension of time may be granted. not to exceed 180 days provided the applicant does not have approved Conditional Use Permits for other locations." The project was, approved unanimously. RECESS: Chair/Meyer recessed the meeting at 8:42 p.m. RECONVENE: Chair/Meyer reconvened the meeting at 9:00 p.m. OLD BUSINESS - None NEW BUSINESS 1. PLANNING COMMISSION DISCUSSION OF TREE PRESERVATION ORDINANCE. C/Schad outlined his concerns in developing a workable Tree Ordinance. He requested the;Valley Willow/Canyon Willow be added to the current listing of four indigenous trees. The proposed ordinance includes definition of multi -trunk trees, as well as single trunk trees. He stated he will prepare refinements to the current ordinance using other cities tree ordinances. C/Schad presented a number of written ,ecommendations to .be included in the Diamond Bar Tree Preservation Ordinance. A motion was made by C/Schad and iseconded by C/Fong to have staff present a Tree Preservation Ordinance to the Commission expeditiously.. The motion was defeated 3-2 with the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: Schd, Fong Flamenbaum, Chair/Meyer None None i Huff, PLANNING COMMISSION ITEMS Chair/Meyer submitted a draft letter, dated October 26, 1994, November 14, 1994 Page 8 Planning Commission the City Council with the Draft 1994 General Plan. A motion was made by C/Flamenbaum and seconded by C/Huff I to have staff expeditiously, develop an outline and the General Plan discussion Development Code to include a Tree Preservation Ordinance. The motion was carried unanimously. November 22, 1994. The 2. PLANNING COMMISSION DISCUSSION OF THE DEVELOPMENT CODE h - The Commission determined that Items 1 and 2 (Tree Preservation Ordinance and Development Code) should be inclusive. (See prior motion) 3. REORGANIZATION OF THE PLANNING COMMISSION Chair/Meyer declared the nominations open to fill the vacant seat of Vice Chairman of the Planning Commission. C/Huff nominated C/Flamenbaum for Vice Chairman.' C/Schad nominated C/Fong for Vice Chairman. Chair/Meyer declared the nominations closed. The following roll call vote was taken for the C/Flamenbaum nomination: AYES: COMMISSIONERS: Huff, Chair/Meyer', C/Flamenbaum NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Schad, Fong ABSENT: COMMISSIONERS: None Chair/Meyer declared C/Flamenbaum elected Vice Chairman. 4. SCHEDULE OF FUTURE PLANNING COMMISSION MEETING DATES a i The Commission agreed the next meeting will be December 12, 1994 and that the December 26, 1994 meeting will be cancelled. PLANNING COMMISSION ITEMS Chair/Meyer submitted a draft letter, dated October 26, 1994, to be transmitted to the City Council with the Draft 1994 General Plan. I ANNOUNCEMENTS CDD/DeStefano reported the General Plan discussion begins at the City City Council on November 22, 1994. The Planning h November 14, 1994 Page 9 Planning Commission Commission recommendations will be distributed Tuesday, November 15, 1994. A motion was made by C/Schad and seconded by C/Huff to adjourn the meeting to December 12, 1994. The motion was carried unanimously. Chair/Meyer declared the meeting adjourned at 10:05 p.m. Respectfully Submitted, JPes Secretary Attest: ,! a David ' ert"