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Home My WebLink About10/24/2000MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 24, 2000 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:08 p.m. in the South Coast Air Quality Management Headquarters Building Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Ruzicka. 1. ROLL CALL: Present: Chairman Nelson Vice Chairman Bob Zirhes_ and Cnmmicsinnenz George Kuo, Steve Tye, and Joe Ruzicka. Also Present: James DeStefano, Interim City Manager, Ann Lungu, Associate Planner, Sonya Joe, Development Services Assistant, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the October 10, 2000, meeting. C/Ruzicka moved, VC/Zirhes seconded, to approve the minutes of October 10, 2000, as submitted. Motion carried -by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirhes, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None - OCTOBER 24, 2000 7. PUBLIC HEARINGS: PAGE 2 PLANNING COMMISSION 7.1 Development Review No. 2000-11, Tree Permit No. 2000-03, Minor Conditional Use Permit No. 2000-06, and Minor Variance No. 2000-06 (pursuant to Code Sections 22.48.020, 22.38.020, 22.56.020, 22.30.080 and 22.52.020) are requests to construct a three story (two stories and a basement) single family residence with a five car garage, decks and balconies totaling to approximately 10,460 square feet. The request also includes a swimming pool, two spas, and rear retaining walls with a maximum six-foot exposed height. Development Review requires site design and architectural review. Tree Permit is required for the removal and replacements of oak and walnut trees. Minor Variance is required for the requested 20 percent reduction in the required front yard setback. Minor Conditional Use Permit is required for a greater driveway width than permitted by code. PROJECT ADDRESS: 23415 Pleasant Meadow Road (Lot 22 of Tract No. 23483) Diamond Bar, CA 91765 PROJECT OWNER: Surinder Bhogal 9866 Houghton Avenue Santa Fe Springs, CA 90670 APPLICANT: Basant Sachdeva 1738 East Meats Avenue Orange, CA 92865 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2000-11, Tree Permit No. 2000-03, Minor Conditional Use Permit No. 2000-06, and Minor Variance No. 2000-06, Findings of Fact, and conditions of approval, as listed within the resolution. C/Tye asked if it would present a burden to the applicant to keep the front yard setback at 30 feet. He reiterated his concern about the massive appearance of structures that are set close to city streets. AssocP/Lungu explained that staff believes a 24 foot front yard setback would help to preserve more of the walnut and oak trees. In addition, Pleasant Meadow is a cul-de-sac and does not present the same effect on passing motorists as Ridgeline Drive presents and the front of the house is one story only. AssocP/Lungu explained to the Commission that she is comfortable with the Applicant's Arborist's report because he tagged the trees. OCTOBER 24, 2000 PAGE'3 PLANNING COMMISSION Surinder Bhogal, property owner, said that when he purchased the property it had not been cleaned up for some period of time. Los Angeles County gave notice to clean the lot because it was a fire hazard. He engaged maintenance workers to clear the land and through a misunderstanding, the workers cut five trees without the required permit. In addition, he had to move at least 20 trees before he could begin construction of the house. His intention was not to cut the trees without pulling a permit. He said he is concerned about the potential donation cost of $22,000 as a result of the lost trees and asked the Planning Commission to consider a reduction in the dollar amount and number of tree of the donation and allow him to plant additional trees on his property. Chair/Nelson opened the public hearing. Cassandra McGinnis, 23427 Pleasant Meadow Road, said that workers were on the applicant's property attempting to cut down a very large oak tree when they were stopped. After a time, they returned and leveled the tree. On October 10, 2000, with no grading permit in place, a bulldozer began moving earth on the applicant's lot. She presented photographic evidence to the Planning Commission which to her, indicated more activity than merely weed abatement. If the grading and building continue with the same disregard for regulations the safety of her adjoining lot and home may be in question. She is !� concerned about the stability of the hill on which she resides and about improper water runoff and the blockage of the ravine below her home. She asked what measures are in place to insure compliance with the authorized variances. She is particularly concerned that her property is not compromised during construction of the proposed project. Chair/Nelson closed the public hearing. AssocP/Lungu explained- to Ms. McGinnis that the hydrology report indicates that the runoff from the proposed project would be insignificant. During the construction process inspectors, engineers and staff members are present to insure compliance. ICM/DeStefano stated that if the Planning Commission approves this project it will set the location for the house's foundation. When the foundation set, the City's Building and Safety staff conducts a foundation inspection before the pouring of concrete can take place. During this inspection, staff measures the setbacks to make certain that the applicant is in conformity with the project's approval. AssocP/Lungu responded to Chair/Nelson that according to Leighton & Assoc., the applicant has gone about discing in a very unusual way by cutting himself a path. ICM/DeStefano indicated to C/Tye that he has not visited the site. The photographs presented by Ms. McGinnis indicate that "unusual" grubbing may have been a kind term. r The photographs indicate an aggressive clearing and rubbing may have occurred. The OCTOBER 24, 2000 PAGE 4 PLANNING COMMISSION landscape has been disturbed and cannot be replaced and in reality, the City is forced to move forward with this consideration. The applicant may believe that it was done appropriately but the applicant needs to understand that if the project is to proceed they will have to comply with the City's Codes and environmental laws. Chair/Nelson re -opened the public hearing. Surinder Bhogal, property owner, explained that in order to complete his project he needed fill which was offered to him free of charge by a third party. He felt that he needed to take 4 advantage of the situation and pulled permits from the City. The photographs presented by Ms. McGinnis depict a cut at the front of the property which allowed trucks access to the property for purposes of stockpiling the dirt. No grading operations have begun. II '9 Ms. McGinnis stated that when she spoke with the gentleman who was doing the bulldozing he indicated to her that he was under the impression that the applicant had a j_ grading permit. She believes that if the project proceeds according to the City's Codes, it should work. However, the property owner is taking short cuts. Chair/Nelson closed the public hearing. VC/Zirbes said that while he shares Ms. McGinnis' concerns about how projects are completed, he is very confident that the City's staff will monitor the situation and make certain that the applicant complies. He proposed that Condition (h) on page 1 I be modified to the following: That the five trees that were removed prior to the applicant obtaining a permit be replaced with 24 inch box trees at a 6:1 ratio; and 24 inch box size at a 3:1 ratio for the remaining trees for a total amount of 48 trees; and the replacement mitigation shall be in the form of a donation to the City's Tree Replacement Fund — the donation shall include the cost of the replacement trees in a 24 inch box size at $145 each, planting cost at $296 each, and tree maintenance costs at $120 per tree per year for five years. Placement of trees on the applicant's property will be done under the supervision of the Arborist and will be subject to the City's monitoring program for five (5) years. VC/Zirbes moved, C/Ruzicka seconded, to approve Development Review No. 2000-11, Tree Permit No. 2000-03, Minor Conditional Use Permit No. 2000-06, and Minor Variance No. 2000-06. I, C/Kuo asked that the motion be amended to direct staff to verify the 40 pound balcony live load indicated in Condition (u) on Page 13. The maker of the motion and the seconder i' agreed to the amendment. Motion approved by the following Roll Call vote: �r lih E OCTOBER 24, 2000 AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: - � i->ww.��Ir�.wmIx�YM1eli.J�.Lr Yx.4d�4u6��6 - PAGE 5 PLANNING COMMISSION Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson None None 7.2 Development Review No. 2000-16, Minor Conditional Use Permit No. 2000-15, Minor Variance No. 2000-17 (pursuant to Code Sections 22.48.020 (A)(1), 22.56.020 and 22.52.020 (B)) is a request to construct an approximately 12,340 square foot two-story single-family residence with two garages for five cars, pool/spa, gazebo, and tennis court. A Minor Conditional use Permit is required to process the circular driveway. The Minor Variance is a request to decrease the rear yard setback by 20 percent. PROJECT ADDRESS: 2521 Braided Mane Drive Diamond Bar, CA 91765 PROPERTY OWNERS: Ton -Dei Chiu 1432 E. Peppertree Drive La Habra Heights, CA 90631 APPLICANT: Tein Wang 801 S. Garfield Avenue Alhambra, CA 91801 DSA/Smith presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2000-19, Findings of Fact, and conditions of approval, as listed within the resolution. Tein Wang, project architect, explained how the project plans were drawn under the previous City Code and why the applicant is requesting a minor variance. Chair/Nelson opened the public hearing. There being no one who wished to speak on this matter, Chair/Nelson closed the public hearing. VC/Zirbes moved, C/Ruzicka seconded, to approve Development Review No. 2000-16, Minor Conditional Use Permit No. 2000-15, Minor Variance No. 2000-17, Findings of Fact, and conditions of approval, as listed within the resolution. Motion carried by the following Roll Call vote: OCTOBER 24, 2000 8. 9. PAGE 6 PLANNING COMMISSION AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None C/Tye left the meeting at 8:30 p.m. 7.3 Development Review No. 2000-19 (pursuant to Code Sections 22.48.020) is a request to remodel and add approximately 4,607 square feet to an existing 3,110 square foot, two story single family residence with a three car garage located within "The Country Estates." The request includes a new deck. PROJECT ADDRESS: 23634 Ridgeline Road (Lot 87, Tract No. 30091) Diamond Bar, CA 91765 PROPERTY OWNER/ Sunil Kohli - APPLICANT: 23634 Ridgeline Road Diamond Bar, CA 91765;j, DSA/Joe presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2000-19, Findings of Fact, and conditions of approval, as listed within the resolution. Chair/Nelson opened the public hearing. There being no one who wished to speak on this matter, Chair/Nelson closed the public hearing. C/Ruzicka moved, VC/Zirbes seconded, to approve Development Review No. 2000-19, Findings of Fact, and conditions of approval, as listed within the resolution. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Tye PLANNING COMMISSION COMMENTS: None offered. INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. OCTOBER 24, 2000 PAG -E'7 PLANNING COMMISSION 9.2 Announcements. ICM/DeStefano reported that City Manager Terrence Belanger resigned his position in Diamond Bar to accept the City Manager position with the City of Yorba Linda. ICM/DeStefano has been appointed Interim City Manager by the City Council. The City is currently undergoing recruitment to fill the position which will take about five or six months. During this time ICM/DeStefano will continue to direct the City's Planning Division. The City will consider hiring a planning consultant(s) to take up the slack with staff positions that will be temporarily vacated. ICM/DeStefano stated that JCL's Project for Tracts 48487 and 50314 off of Windmill Drive located within "The Country Estates" that was approved about five years ago by the Planning Commission and two years ago by the City Council is now entering its construction phase. ICM/DeStefano reported that the City of Industry's Industry East 425 acre project has entered its grading phase. The project is visible from Grand Avenue between Valley Boulevard and the SR 60 and the Honda Dealership. The project has received approval for nine of the 33 proposed buildings. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Nelson adjourned the meeting at 8:45 p.m. Res ectfully Sub 'tted, James DeStefano Interim City Manager Attest: Ch rman Steve Nelson