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HomeMy WebLinkAbout3/28/2000—_ — 1—._ _ice— .iu1d_*JHX _. AidNl��IIHeLAYit-v..b—•.,. � -- hn.II. J_... r ,,. .ri. .r ,.r.a. - .,� _ _. --, MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION A MARCH 28, 2000 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:09 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: 5. Present: Chairman Steve Nelson, Vice Chairman Bob Zirbes, and Commissioners George Kuo, Joe Ruzicka and Steve Tye. Also Present: Ann Lungu, Associate Planner; Sonya Joe, Development Services Assistant; Linda Smith, Development Services Assistant; and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 7.1 Minutes of the March 14, 2000 meeting. C/Ruzicka moved, VC/Zirbes seconded, to approve the minutes of the meeting of March 14, 2000 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARING: None r r- 1, MARCH 28, 2000 P PAGE 2 PLANNING COMMISSION:�ti 8.2 Development Review No. 99-09 (pursuant to Code Section 22.48) is -a request to construct a two-story, single-family residence of approximately 16,795 square feet, with a basement, balconies, porch, patios, indoor swimming pool, and five -car garage. Additionally, the request includes accessory structures: tennis court, rose garden with gazebo, and trellis. Project Address: 23622 Ridgeline Road (Lot 88, Tract 30091) Diamond Bar, CA 91765 Property Owners: David Deng 2668 Highridge Drive Chino Hills, CA 91709 Applicant: S & W Development 20547 Walnut Drive #D Walnut, CA 91709 DSA/Smith presented staff's report. Staff recommends that the Planning Commission continue Development Review No. 99-09 to April 11, 2000, to allow the applicant time to revise the drawings, to submit details for the proposed accessory structures, and to submit a Tree Permit application to be considered concurrently by the Planning Commission. Chair/Nelson asked that the applicant providee-a landscape plan on April 11. Chair/Nelson opened the public hearing. Ash Mathur, Lot 89, Tract 30091, said that most of his view is to the southeast and southwest, and he is concerned about the blockage of his view. He said he is also concerned that the placement of the garage with cars moving in and out will provide a potential blinding of the rooms in which he and his family sit. He believes that shrubs would help to mitigate the situation. He is also concerned that if the house is used for business activities that there will be additional noise in the area. Mr. Mathur indicated the location of his house relative to the proposed project. He believes that 30 to 40 percent of his view will be obstructed by the project. 0 i MARCH 28, 2000 PAGE 3 PLANNING COMMISSION f Simon Shum, Architect, said that the house has been designed in accordance with the terrain of the property. The hill will be carved out to accommodate the basement which will support the second and third story. The hill will be taken down almost 10 feet and the dirt will be exported. The project has gone through several alterations and is almost master planned with respect to the landscape. This will be a quality home that will add to the neighborhood. He does not believe that the house will impede the neighbor's_ view. The mass of the house will be less than the mound of dirt currently sitting on the lot. Mr. Shum responded to C/Ruzicka regarding Mr. Mathur's concern for loss of his view by indicating on the overhead that the height of the structure will exceed the height of the existing dirt mound by about 10 feet. He does not believe that Mr. Mathur will be negatively impacted. DSA/Smith explained to C/Tye that site coverage is proposed to be 28 percent. Mr. Mathur indicated to Chair/Nelson that a small portion of his view on the southwest side will be affected. C/Kuo pointed out to Mr. Mathur that the City has an Ordinance regarding home-based businesses and such matters as traffic and noise levels are taken into consideration. i VC/Zirbes asked about the applicant's profession and why he has so many offices. Mr. Shum responded that the applicant is an international jet -setter. The library was mislabeled as an office. He explained the plan and what the design includes. The applicant has approximately 200 employees overseas and no employees in the United States. He needs an office in his home for his personal use. C/Tye moved, C/Ruzicka seconded, to continue Development Review No. 99-09 to April 11, 2000. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Chair/Nelson continued the public hearing to April 11, 2000. 8.1 Development Review No. 99-08, Minor Conditional Use Permit No. 2000-02 (pursuant to Code Section 22.48.020 and 22.56.020) is a request to construct an addition of approximately -� 8,776 square feet to an existing legal non -conforming single family residence of approximately 15,921 square feet. The request includes a series of low retaining walls, indoor pool, and indoor sauna/steam room. -__—.. _z-_____. - —_ _ _ ­ MARCH 28, 2000 PAGE 4 PLANNING COMMISSION I U11 Project Address Property Owner: 22128 Steeplechase Lane (Lot 20, Tract No. 30578) Diamond Bar, CA 91765 Samuel Liu 22128 Steeplechase Lane Diamond Bar, CA 91765 Applicant: Chary Dagam VCD Group 1000 North Regal Canyon Drive Walnut, CA 91789 DSA/Joe presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 99-08, and Minor Conditional Use Permit No. 2000-02, Findings of Fact, and conditions of approval, as listed within the Resolution. VC/Zirbes asked for clarification of the depth of the tunnels attaching the addition to the main structure. He said he does not see Items 1 and 3 on Page 5 included in the Draft Resolution. He asked if there is a provision for re -inspecting the addition a year or two after its completion. The previous approval contained a condition for the replacement of trees which was not done. He asked if a condition could be imposed upon the applicant to post a bond to insure that the trees are replaced. r AssocP/Lungu stated that with respect to the landscape irrigation plan, the six, twenty-four inch box trees size, will be replaced prior to final inspection. The original six trees that were planted by the developer as a condition of approval have subsequently been removed. C/Ruzicka said he believes that regardless of who owns the property, there should be some mechanism available to the City to insure that in the event of the sale of this property that the six trees will remain on site. C/Kuo asked if the City has previously initiated a monitoring mechanism for other developments. AssocP/Lungu responded that the City has used monitoring mechanisms in the past and the Commission may wish to consider adding the trees to the covenant and agreement. C/Tye asked for clarification on the total number of bedrooms. MARCH 28, 2000 PAGE 5 PLANNING COMMISSION DSA/Joe indicated that the plans indicate nine bedrooms. She visited the site and noted a total of 10 bedrooms. She determined that some roams shown on the plan to be used as gym or office are being used as bedrooms. The original approved plans show a total of nine bedrooms. AssocP/Lungu indicated to Chair/Nelson that in the past, the trees were located at the edge of the pad and down the slope below the property as it goes to the bottom of the canyon. The trees would likely be placed in the same location. The applicant is required to submit a landscape plan for staff's review. AssocP/Lungu stated to VC/Tye that at this time, the Ordinance requires a 3:1 replacement for Walnut trees. This is a discretionary review and the Planning Commission may chose to ask for replacement of the six trees on a 3:1 basis. Chary Dagam, Architect, said that after about a year's negotiation with "The Country Estates" Homeowners Association, an agreement was reached for approval on the height of the structure. The project has met all of the City's concerns and requirements including the preliminary soils report, the retaining walls, the height and the colors, materials and style. The owner intends to occupy the structure as a single family residence. He explained the design. The tunnel is only nine feet high, six feet wide and 30 feet long. The tunnel does not affect any structure. z. C/Kuo asked Mr. Dagam to respond to a March 20 letter of complaint from Mr. And Mrs. Liu Mr. Dagam stated that the letter addresses the originally proposed height of 20 feet above the ground which is the reason that the Association reduced the height to 10 feet. He said he spoke with Mr. And Mrs. Liu two days ago. They told him they have no problem with the height, only with the allergy producing dust from the construction. He advised them that he will build a 20 foot high screen barrier between their house and the construction site to keep the dust from their site. VC/Zirbes congratulated Mr. Dagam on his design. He asked about the construction of the underground tunnels. Mr. Dagam stated that the tunnels will connect the existing basement with the new basement. The walls will be constructed of reinforced concrete block walls with a concrete slab above and below. The entire structure is designed to comply with the current seismic requirement code. Chair/Nelson opened the public hearing. -,. There being no one who wished to speak on this matter, Chair/Nelson closed the public hearing. MARCH 28, 2000 PAGE 6 PLANNING COMMISSION @`11 C/Ruzicka moved, C/Kuo seconded, to approve Development Review No. 99-08 and Minor Conditional Use Permit No. 2000-02 Findings of Fact, and conditions of approval as listed within the Resolution with the addition of a condition that any subsequent sale of this property be contingent upon an inspection by the City to insure compliance with the original conditions of approval and the replacement of Walnut trees at a 3:1 ratio. C/Tye pointed out that according to the City's General Plan, a Rural Residential designation requires one dwelling unit per acre. He said he is greatly disturbed that it appears that the dwelling units are taking up the entire acre. He is encouraged that staff has required a maximum 40% coverage. However, he does not understand how the conditions can be enforced. VC/Zirbes said he believes that it is enforceable to impose conditions from one owner to the next owner and he would not be able to support the motion as presented. He respects the 3:1 ratio, however, he would like to have the motion include the posting of a cash bond to insure that the trees are planted and remain on the site for no less than five years. He stated that conditions 1 and 3 listed on page 5 of staff's report were not included in the Resolution and he would like to have them included in Section (p). DSA/Joe pointed out that condition 3 in the staff report is condition 2 on Page 11 of the Resolution. Chair/Nelson said he shares VC/Zirbes' concern regarding the trees. C/Ruzicka withdrew his motion. VC/Zirbes moved, C/Ruzicka seconded, to approve Development Review No. 99-08, Minor Conditional Use permit No. 200-02, Findings of Fact and conditions as listed within the Resolution subject to the following changes: Add the following to Section (p) on Page 11: "No kitchen facility to be placed in addition." and re -letter the conditions; add the following after the word "record" to Section (q) with the Los Angeles County Recorders Office against the property."; include a statement to indicate a 3:1 replacement ratio of twenty four box size for the Walnut trees (a total of 18 trees), and require the applicant to provide a financial bond (the value of the trees plus installation costs) on the property for five years to insure that the trees are planted and maintained, and add the trees to the covenant and agreement for ongoing maintenance. AssocP/Lungu stated that the applicant is concerned that 18-24" box trees may not fit on the property. She recommended that in case the trees cannot be accommodate on-site, that they be placed off-site in a public park, or that the property owner contribute to the City's Tree Replacement Fund, the cost of the trees that can not be placed on-site, their installation and Ol' maintenance cost for five years. MARCH 28, 2000 PAGE 7 PLANNING COMMISSION I � I Mr. Dagam said that he believes that although six trees are an excessive number, they will fit in the location. The landscape architect said that Walnut trees need a great deal of growing space. h C/Ruzicka suggested that the applicant place whatever number of the 18 trees he can accommodate at the site and that the remaining trees be placed at the staff's discretion. Mr. Dagam agreed to have the City's arborist look at the site and make his recommendation to I staff regarding the number of trees that the site is likely to accommodate. VC/Zirbes amended the motion to state that the value of the trees that cannot be placed on the property be placed in the City's Tree Fund. C/Ruzicka seconded the amendment. Motion carried by the following Roll Call vote: i AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes NOES: COMMISSIONERS: Chair/Nelson ABSENT: COMMISSIONERS: None j 9. PLANNING COMMISSION COMMENTS: C/Kuo presented Chair/Nelson with his completed Planners Institute score card. He asked about the letter of complaint regarding the Platinum Restaurant. AssocP/Lungu acknowledged that the City received a complaint from the Falls Creek Homeowners Association at the end of Gentle Springs regarding the nuisance the restaurant was creating. As a result, staff wrote a letter to the business owners reminded them about the conditions of approval. Staff asked that the business submit a plan to the City indicating how they will remedy these nuisances. Staff and the Walnut/Diamond Bar Sheriff's Department are working toward a resolve of this matter. 10 INFORMATIONAL ITEMS: AssocP/Lungu reported that during tonight's Administrative Review process, reconstruction of a home at 163 Cottonwood Cove which was badly damaged by a fire was approved. The Commission will h,- considering econsidering a proposed Farmer Boys Restaurant at the comer of Lycoming Avenue and Brea Canyon Road in April. SCHEDULE OF FUTURE EVENTS: i .i �„As listed in the agenda. MARCH 28, 2000 PAGE 8 PLANNING COMMISSION ADJOURNMENT: C/Ruzicka moved, VC/Zirbes seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Nelson adjourned the meeting at 8:55 p.m. Respectfully Submitted, nn L gu Associate Plan A t g Secretary Attest: Steve Nelson Chairman