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Home My WebLink About05/28/2002MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 28, 2002 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Tye led in the pledge of allegiance. 1. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Steve Tye and Commissioner and Jack Tanaka. Commissioners Steve Nelson and Dan Nolan were excused. Also Present: James DeStefano, Deputy City Manager; Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of May 14, 2002. C/Tanaka moved, VC/Tye seconded, to approve the Minutes of the Regular Meeting of May 14, 2002 as presented. Without objection, the motion was so ordered with C/Nelson and C/Nolan being absent. 5. F)LD BUSINESS: None 6• NEW BUSINESS: 6.1 Review of Fiscal Year 2002-2003 Capital Improvement Program (CIP) for Conformity with the City's General Plan. DCM/DeStefano presented staff's report. Staff recommends that the Planning Commission approve a resolution finding that the FY 2002-2003 Capital Improvement Program is in conformance with the General Plan. DCM/DeStefano responded to VC/Tye's questions. There was no one present who wished to speak on this item. MAY 28, 2002 PAGE 2 PLANNING COMMISSION 7. VC/Tye moved, C/Tanaka seconded, to approve Resolution No. 2002-13 finding that the FY 2002-2003 Capital Improvement Program (CIP) is in conformance with the City's General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Nolan PUBLIC HEARINGS: 7.1 DEVELOPMENT REVIEW NO. 2002-02 (pursuant to Code Section 22.48.020.A.) is a request to construct a two-story single family residence on a vacant lot with a basement, nine -car garage, porte cochere, decks and balconies totaling to approximately 21,170 square feet. Additionally, the request includes a swimming pool/spa, gazebo and retaining walls with a maximum exposed height of 6 feet within the rear, side and front yards. PROJECT ADDRESS: 22604 Ridge Line Road (Lot 166 of Tract No. 30091) Diamond Bar, CA 91765 PROPERTY OWNER: Veneet K. Gupta 2359 Blue Haven Drive Rowland Heights, CA 91748 APPLICANT: V.C. Dagam 1000 N. Regal Canyon Drive, Walnut, CA 91789 DCM/DeStefano presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-02, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Ruzicka opened the public hearing. Nancy Lyons, neighbor residing immediately downhill from the proposed --tion wants assurance that the construction adheres to the CC&R's and consru > building code. V.C. Dagam, architect, said his project follows all association CC&R's and building codes. 1 MAY 28, 2002 PAGE 3 PLANNING COMMISSION DCM/DeStefano explained that the city does not enforce association CC&R's. However, this project received approval from "The Country Estates" Homeowners Association, the city's guiding principle that determines whether applicant's are in concert with "The Country Estates." Nancy Lyons, 22536 Ridgeline Road, said she asked about the CC&R's because there have been prior incidents where building plans received association approval and subsequently, plans were changed before they were approved by the city. If something negatively impacts her property during construction of this project, is there something that can be done. DCM/DeStefano said it would depend on the circumstances. Most often these are private party matters. If the circumstance was related to a condition of approval, it would then be an issue for the city and Planning Commission to address. The city requires that applicants provide licenses, insurance, etc. to support the issuance of a building permit. Ms. Lyons said she is concerned because the project would be constructed over a period of one year and that debris may float down into her backyard area and swimming pool. She hoped that the construction foreman would take proper care to ensure that debris would not float onto her property. She was also concerned that grading would unearth rattlesnakes, gophers, ants, etc. that would invade her property. She was pleased with the aesthetic qualities of the proposed project. C/Tanaka moved, VC/Tye seconded, to approve Development Review No. 2002-02, Findings of Fact, and conditions of approval as listed within the resolution. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Tanaka, VC/Tye, NOES:/Ruzicka COMMISSIONERS: None ABSENT: COMNIISSIONER& Nelson, Nolan 7.2 Development Review No. 99-09(1)(Tree Permit 2000-02(1) (pursuant to Code Section 22.66.050.C.) is a request for a one year extension of time for a project approved by the Planning Commission on April 11, 2000. The Planning Commission approval allows the construction of 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 seating and trellis. The extension of time, if approved, will allow the continuation of this entitlement until April 11, 2003. MAY 289 2002 PAGE 4 PLANNING COMMISSION PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 23622 Ridgeline Road (Lot 88 of Tract No. 30091) Diamond Bar, CA 91762 Christina Dang 2668 Highridge Drive Diamond Bar, CA 91765 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 99-09 and Tree Permit 2000-02, Findings of Fact, and conditions of approval as listed within the resolution. VC/Tye asked why staff believes the applicant would be able to perform in one year when this project has not commenced in the two years subsequent to approval. DSA/Smith stated the applicant had a grading permit and experienced contract negotiation problems with their architect and grading contractor. Most of the related issues have been satisfactorily concluded. Chair/Ruzicka opened the public hearing. There being no one who wished to speak on this matter, Chair/Ruzicka closed the public hearing. C/Tanaka moved, VC/Tye seconded, to approve a one-year extension for Development Review No. 99-09 and Tree Permit 2000-02, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMNIISSIONERS: Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Nolan 7.3 Conditional Use Permit No. 2002-06 (pursuant to Code Sections 22.10.030., Table 2-6 and 22.58.030) is a request to sell alcoholic beverages for off-site consumption in conjunction with the sale of motor fuel. PROJECT ADDRESS: 206 S. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Equilon Enterprises, LLC P.O. Box 4369 Houston, Texas 77210-4369 MAY 28, 2002 APPLICANT: PAGE 5 PLANNING COMMISSION Fauso Buchelli 206 S. Diamond Bar Boulevard Diamond Bar, CA 91765 DCM/DeStefano presented staff's report. Staff recommends Planning Commission approval of Conditional Use Permit No. 2002-06, Findings of Fact, and conditions of approval as listed within the resolution. Fauso Buchelli, owner, stated that he has owned the business for three and one-half years. He and his staff are very responsible and have waited for a long period of time to make this request based on customer demands. Chair/Ruzicka opened the public hearing. There being no one present who wished to speak on this matter, Chair/Ruzicka closed the public hearing. VC/Tye reported that the public hearing sign was not prominently posted at the site. He would prefer that staff monitor these signs for better placement. He took exception with the statement in staff's report that the sale of alcoholic beverages for off-site consumption would serve a "public necessity." He felt this was an inappropriate venue and was opposed to approving the CUP. Chair/Ruzicka wanted to know why VC/Tye was concerned. Other dealers in the area are selling alcoholic beverages for off-site consumption and this is a convenience to the public. VC/Tye moved to deny Conditional Use Permit No. 2002-06, Findings of Fact, and conditions of approval as listed within the resolution. The motion died for lack of second. C/Tanaka moved, Chair/Ruzicka seconded, to approve Conditional Use Permit No. 2002-06, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Tanaka, Chair/Ruzicka NOES: COMMISSIONERS: VC/Tye ABSENT: COMIVIISSIONERS: Nelson, Nolan 8. PLANNING COMMISSION COMMENTS; None Offered. 9• INFORMATIONAL ITEMS: None Offered. MAY 28, 2002 PAGE 6 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Ruzicka adjourned the meeting at 8:07 p.m. Res �Mly r Iiitted, Jam s DeStefano Deputy City Manager