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Home My WebLink About8/24/1999MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 24, 1999 CALL TO ORDER: Vice Chairman Nelson called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Ruzicka. ROLL CALL: i ! Present: Vice Chairman Steve Nelson and Commissioners George Kuo, Joe McManus, and Joe Ruzicka. Chairman Steve Tye was excused. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. y MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 1. Minutes of August 10, 1999. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of August 10, 1999, as presented. Motion carried 3-0 with VC/Nelson abstaining and Chair/Tye being absent. OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARING: None I, PUBLIC HEARING: 1. Development Review No. 99-5, Variance No. 99-7, Tree Permit No. 99-1, and Negative Declaration No. 99-7 (pursuant to Code Sections 22.54, 2248 and 22.38) is a request to construct a 11,429 square foot two-story and basement single-family residence with, 2.5712 square foot six -car garage and storage space, motor court, pool/spa, tennis court and gazebo. The Variance is requested to allow a 10% variance in height AUGUST 24, 1999 PAGE 2 'd 5i�6' from 35 feet to approximately 38.3 feet. The Tree Permit is requested to allow replacement trees ''I 1yi;P mitigation measure for the removal of nine native California Walnut trees currently on site. PROPERTY ADDRESS: 2856 Wagon Train Lane, (Tract No. 30578, Lot 71) Diamond Bar, CA 91765 PROPERTY OWNER: Peichin Cheng 17800 Castleton Street #106 City of Industry, CA 91765 APPLICANT: Anchi Lee 3740 Campus Drive #B Newport Beach, CA 92660 DSA/Smith presented staffs report. Variance No. 99-7 was withdrawn and the applications are consistent with the Development Code as 35 feet. Staff recommends that the Planning Commission approve Development Review No. 99-5, Tree Permit No. 99-1, and Negative Declaration No. 99-7, Findings of Fact, and conditions of approval as listed within the Resolution. VC/Nelson opened the public hearing. Anchi Lee, Architect, presented a model of the proposed project and explained the reasons for the desigq, VC/Nelson closed the public hearing. C/Ruzicka said he is concerned about using the allergy element with respect to removal of the Walnut trees. DCM/DeStefano stated that the current location of the Walnut trees is essentially on top of the hill. That is the location that the applicant is proposing to construct the home. As a result, the location of the trees and the saving of those trees creates an unreasonable hardship upon the applicant. Staffs recommendation is based upon the fact that the development of the property would be unreasonably reduced as a result of the saving of this grouping of Walnut trees. The issue about the allergy that the applicant has to Walnut trees is unrelated to the removal of the trees. The allergy issue is a result of the applicant's desire to replace the lost Walnut trees with two additional species. The argument that C/Ruzicka raises holds true. VC/Nelson asked if 27 Walnut trees could be used elsewhere in the City allowing the applicant to landscape with whatever species they choose. DCM/DeStefano stated that the City has previously permitted off site mitigation in the form of either an off site habitat or installation of trees as a result of cash deposited with the City. One option would be to find an appropriate donor site for Walnut trees in the immediate area, to locate Walnut trees or a similar species in a public park such as Sycamore Canyon Park or to request a cash contribution for the equivalent of thy-"" replacement trees to be used in medians or on other public property. f VC/Nelson asked if the applicant would have a problem with mitigating off site with in kind trees. I;r,•�n a .�P'k'k':d,,�iJ�.a��gt�f„Fs�Ra ak,,.��^��r��r� AUGUST 24, 1999 PAGE 3w Peichin Cheng, property owner, stated she is willing to mitigate this concern by planting 13 or 14 of the trees in a public setting and keeping the remaining replacement trees on-site. DCM/DeStefano responded to VC/Nelson that the owner's proposal is acceptable to staff. DCM/DeStefano indicated to C/Ruzicka that replacing the 14 trees off site could eliminate the allergy element. VC/Nelson stated he believes C/Ruzicka's point is well taken and in respect to sensitivity to the allergy element, the Commission does not want to set a precedent. VC/Nelson recommended that the park setting replacement trees be Sycamore trees. Following discussion, C/McManus moved, C/Ruzicka seconded, to approve Development Review No. 99-5, Tree Permit No. 99-1 and Negative Declaration No. 99-7, Findings of Fact, and conditions of approval, as listed within the resolution subject to the following amendments: The elimination of the second sentence of Paragraph 2 under (k) on page 5, and the addition of the following sentence to Paragraph 2 under (k) on page 5 to wit: "Fourteen of the 24 native species replacement trees shall be planted at Summitridge Park with the specific location to be determined by the Community Services Director." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMYIISSIONER& PLANNING COMMISSION COMMENTS: INFORMATIONAL ITEMS: Kuo, McManus, Ruzicka, VC/Nelson None Chair/Tye None 1. Videotape of the Four Corners Report presentation that was made to the City Council on August 17, 1999. Following the tape showing, DCM/DeStefano stated that as the study has progressed there has been give and take on the part of interested parties and communities regarding some of the components under consideration. This community has stated its concerns regarding the use of Grand Avenue for an express bus route. Brea has indicated their concerns over Tonner Canyon. The studies are continuing as a result of discussion at the policy committee level to study the alternatives. 2. Public hearing dates for future projects. DCM/DeStefano stated that Ed Roski has entered into a long term lease agreement to acquire about 600 acres in the City of Industry between the SR 60 and Valley Boulevard, Grand Avenue and Brea Canyon r " Road. Roske is a major industrial developer and is working on a plan to develop 6.5 million square feet (about four times the size of the Brea Mall) of industrial space. AUGUST 24, 1999 PAGE 4 DCM/DeStefano reported that the Dolezal Map Project, was approved by the City Council at its August 170 1999, meeting. Staff is moving forward with the implementation of the project conditions. The City Council did not make any changes to the Planning Commission's recommended Resolution and conditions. DCM/DeStefano pointed out the commencement of a number of public improvement projects. Future public hearing items include homes, the SEMA project, and Development Code amendments. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: CJRuzicka moved, C/McManus seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, VC/Nelson adjourned the meeting at 9:04 p.m. Attest: 4 Steve Nelson Vice Chairman Respectfully Submitted, �.t J es DeStefano Deputy City Manager _.. ....u, _....,..._ _.-a, 'A,".-