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HomeMy WebLinkAbout1/13/2004F� F L MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 13, 2004 CALL TO ORDER: Chairman Tye called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Wei led the Pledge of Allegiance. 1. F, ROLL CALL: Present: Chairman Steve Tye; Vice Chairman Dan Nolan; - and Commissioner Osman'Wei. Commissioners Steve Nelson and Jack Tanaka were excused. Also present: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant; Lorena Godinez, Planning Intern; and Stella Marquez, Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Approval of December 23, 2003, Regular Meeting minutes. VC/Nolan moved, C/Wei seconded, to approve the December 23, 2003, Regular Meeting minutes as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 1 5. OLD BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None VC/Nolan, Wei, Chair/Tye None Nelson, Tanaka JANUARY 13, 2004 PAGE 2 PLANNING COMMISSION 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARINGS: 7.1 Development Review No. 2003-33 and Minor Conditional Use Permit No. 2003-13 (pursuant to Code Sections 22.48, 22.68, and 22.56) is a request to remodel and construct an approximate 1,040 square foot addition to an existing 1,700 square foot one story single-family residence with a two car garage. A Minor Conditional Use Permit is to allow the continuation of a legal nonconforming 15 feet front yard setback distance. (Continued from December 9, 2003) PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 313 Gunsmoke Drive Diamond Bar, CA 91765 Philippe Colin 313 Gunsmoke Diamond Bar, CA 91765 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-33, Findings of Fact, and conditions of approval as listed within the resolution. Philippe Colin responded to VC/Nolan that he has resided at the property for three months. Mr. Colin indicated to Chair/Tye that he read staff's report and concurred with the conditions of approval. VC/Nolan said that during his tenure on the Planning Commission this is the first experience he has had with encroachment permits. He wondered if this was a common practice in the City and asked staff to cite examples. DCM/DeStefano responded that there are numerous examples of different front yard setbacks, different street widths, parts of the City where the right- of-way is very clear to the private property owner and other parts of the City where the right-of-way is very gray and unclear as to who owns it and who is responsible for its maintenance. This site is an example of Los Angeles County planning and engineering from the late 60's, early 70's. This is the first case of its type in this neighborhood and it is likely it may not be the last. 1 1 1 JANUARY 13, 2004 PAGE 3 PLANNING COMMISSION The City needs to look at the entire neighborhood to determine how many more cases like this one are impending and whether it is betterfor the City to allow blanket encroachment for all property owners with similar circumstances or is it better for the City to vacate that right of way. In lieu of formal blanket measures staff determined that the Planning Commission should act on this matter immediately. Chair/Tye reopened the public hearing. There being no one present who wished to speak on this item, Chair/Tye closed the public hearing. VC/Nolan moved, C/Wei seconded to approve Development Review No. 2003-33 and Minor Conditional Use Permit No. 2003-13, Findings of Fact and conditions of approval as listed within the resolution. DCM/DeStefano confirmed that the motion included the revised resolution that incorporated the Minor Conditional Use Permit. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Nolan, Wei, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Tanaka 8. PUBLIC HEARING(S): 8.1 Development Review No. 2003-29 (pursuant to Code Section 22.48.020) is a request to remodel and construct an approximate 930 square foot single story addition to an existing 1,871 square foot single story single-family residence with a two -car garage. PROJECT ADDRESS PROPERTY OWNERS/ APPLICANT 1946 Los Cerros Drive Diamond Bar, CA 91765 Remedius and Estella Mendonca 1946 Los Cerros Drive Diamond bar, CA 91765 JANUARY 13, 2404 PAGE 4 PLANNING COMMISSION DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-29, Findings of Fact, and conditions of approval as listed within the resolution. Reme Mendonca stated he read staff's report and concurred with the recommendations of approval. Chair/Tye opened the public hearing. Manuel Lamb, project designer, said the project would maintain the existing grading. VC/Nolan was excited to see so many home improvements in Diamond Bar. It is very positive for the community. VC/Nolan moved, C/Wei seconded, to approve Development Review 2003-29, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Nolan, Wei, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Tanaka 8.2 Development Review No. 2003-09 and Tree Permit 2003-10 (pursuant to Code Sections 22.48.020.a. 1122.38) is a request to construct a two-story, single family residence with basement including balconies, porch, deck and two attached two -car garages totaling approximately 15,930 gross square feet. Additionally, a request to encroach upon the 10 foot protective drip line and canopy of a mature oak tree and reduce the crown of the oak tree by approximately 30 percent. PROJECT ADDRESS: 3131 Steeplechase Lane (Lot 2 of Parcel Map 23382) Diamond Bar, CA 91765 PROPERTY OWNER: Polly Wu 1326 Golden Coast Lane Rowland Heights, CA 91748 IJANUARY 13, 2444 PAGE 5 PLANNING COMMISSION APPLICANT: Simon Shum S&W Development 20272 Carrey Road Walnut, CA 91789 PI/Godinez presented staff's report. Staff recommends that the Planning Commission continue Development Review No. 2003-09 and Tree Permit 2003-10 to a future public hearing date to allow the applicant time to submit a redesign project. Simon Shum, applicant, said his firm has done quite a bit of work in 'The Country Estates." This site has difficult issues in terms of site planning and the matter of one tree on-site. He explained that he and staff differed in their opinions regarding the 30 percent tree pruning recommended by his arborist. Using visuals, he explained how he proposed to prune the tree. While recognizing the beauty and aesthetic value of the tree how can the needs of the tree be met while remaining in the guidelines of the code and accommodating the needs of the property owner. The tree is in bad condition. It lacks water, proper pruning and direction for growth. His arborist, Valley Crest, has moved and mitigated thousands of oak trees and they are qualified to determine what should be done in this instance. Since Ms. Wu purchased the property measures have been implemented to treat the tree. As a result, the tree has produced new growth and the health of the tree has improved. The staff report mentioned that we are expanding the pad area. The intent of the design for the innovative 10,000 square foot building is to stabilize the building and take advantage of the north sloping direction. In addition, the building is set back on the property allowing for a large front yard setback. He asked the Commission to envision the benefits of the unusually large structure to the future growth of the City. C/Wei noticed that the Oak tree was very close to the property line and extended over onto the neighboring property. He asked what assurance the City would have that the applicant's neighbor would not request further trimming of the tree. Mr. Shum responded to VC/Nolan that no additional steps recommended by the arborist had been taken beyond implementation of deep feeding. 1 JANUARY 13, 2004 PAGE b PLANNING COMMISSION Chair/Tye was concerned that removing a large portion of the tree in order to move the drip line was not in the best interest of the tree. He pointed out that the arborist and Valley Crest recommended that the tree not be pruned at this time and to that extent. Mr. Shum explained that eventually when the tree is restored to its natural health the applicant would want to prune the tree to enhance the existing building. The intent is to make the structure symbiotic with the oak tree. Chair/Tye opened the public hearing. Raymond Perez, Las Brisas Homeowners Association Board Member, said his associations' concern is with the drainage of the three lots. The way the concrete Swale currently exists is that half of the lot drains to a swale on the east side of their properties all the way down to Diamond Bar Boulevard. The other half of the lot drains down to Sugar Pine Place, a private street built and maintained by the association. The association is concerned that the swale has the capacity to handle additional water from the three lots because of past problems. He referred to a study recommended by the Planning Commission on the swale to determine whether it could handle the additional water capacity. He could not find that the study had been done and would like to see it take place. Chair/Tye closed the public hearing. DCM/DeStefano explained that the three lots were intended to drain down on both sides of Las Brisas. These are the last three lots that are draining in that area. All of the other lots that surround Las Brisas have been developed for many years. The drainage system is private and has been in place for many years. Based upon the amount of impervious surface, the amount of additional water anticipated to come from this lot and if the existing drainage swales have the capacity to handle the additional water, staff does not have an answer to these questions. This matter should have been part of the original subdivision approval because the subdivision approval was based upon certain assumptions and the subsequent development may be based upon a different set of assumptions or market conditions. The original subdivision approval anticipated homes in the range of 4-8000 square feet. At the time those anticipations may have seemed appropriate but may have been a bit low since many of the homes ire"The Country Estates" now start at about 8,000 square feet. Based upon the pad configurations proposed by the IJANUARY 13, 2004 PAGE 7 PLANNING COMMISSION 1 developer and approved by the City, the homes ranged from about 4000- 8000 square feet. This home is at 16,000 square feet. Staff's issue includes the fact that the configuration of this home is contributing to the issues that staff has problems with such as preservation of the tree, consistency with proposed setbacks. Additionally, staff's report references the fact that there is no geo-technical report to support the house construction on the slope. City Council's recommendation based upon the Planning Commission's recommendation was to preserve this tree. It is staff's responsibility to recommend conditions that cause the preservation of that tree. The consultant advised staff that pruning of the tree would be seriously harmful to the tree's health. This issue has an effect upon the placement of the house, the size of the house and the amenities proposed such as decks. and driveways that enter into or near the drip line and the root structure of the tree. These issues have been discussed with the architect over the past several months. Staff has no problem with the size of the home, only that it meets with the intent and spirit of the original approval and that there are geo-technical reports to support such a structure. VC/Nolan felt the City should address Mr. Perez's concerns and continue the project to resolve the conflict between arborists as well as steps taken to address staff's concerns. Chair/Tye recommended that in addition to V/C Nolan's request, the applicant initiate additional steps for tree mitigation recommended by the arborist. Mr. Shum explained that he had no concern about the additional water because there is more water running from an unfinished surface. Consequently, when Lots 1 and 3 are improved, there would be even less runoff. Chair/Tye was more concerned that the applicant had not provided a geo- technical report supporting the supposition that the hillside would support the proposed project. In view of the lack of supporting documentation the Planning Commission would be hard-pressed to make a decision on this matter. Mr. Shum agreed to continue the matter to February 10, 2004. JANUARY 13, 2004 PAGE 8 PLANNING COMMISSION VC/Nolan moved, to continue Development Review No. 2003-09 and Tree Permit 2003-10 to the Planning Commission meeting of February 10, 2004. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Nolan, Wei, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Tanaka 8.3 Development Review No. 2003-15 and Minor Conditional Use Permit No. 2003-12 {pursuant to Code Section 22.48 is a request to construct a first and second story addition including balconies for a total of approximately 3,675 square feet to an existing one-story single-family residence which includes a three car garage totaling to approximately 4,136 square feet. The request also includes a Minor Conditional Use Permit due to the legal non- conforming existing front yard setback of 25 feet instead of the required 30 feet. PROJECT ADDRESS: PROPERTY OWNER: 2240 Rusty Pump Road (Tract 23483, Lot 47) Diamond Bar, CA 91765 Xiao Sen Li 2240 Rusty Pump Road Diamond Bar, CA 91765 APPLICANT: Ming K. Lan 2334 N. Batavia Street #102 Orange, CA 92865 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-15 and Minor Conditional Use Permit No. 2003-12, Findings of Fact, and conditions of approval as listed within the resolution. Ming K. Lan, applicant, said he read staff's report and concurred with the conditions of approval. Chair/Tye opened the public hearing. JANUARY 13, 2004 PAGE 9 PLANNING COMMISSION There being no one who wished to speak on this item, Chair/Tye closed the public hearing. VC/Nolan moved, C/Wei seconded, to approve Development Review No. 2003-15 and Minor Conditional Use Permit No. 2003-12, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Nolan, Wei, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Tanaka 8.4 Development Review No. 2003-24 and Minor Conditional Use Permit No. 2003-17 (pursuant to Code Sections 22.48.020, 22.56 and 22.30.080(5)(x)(5)) is a request to construct a two-story, single family residence of approximately 15,722 gross square feet including balconies, porch, porte cochere, covered patio and five-cargarage. A Minor Conditional Use Permit approval is required for the driveway, PROJECT ADDRESS: 3168 Windmill Drive (Lot 11, Tract 50314) Diamond Bar, CA 91765 PROPERTY OWNER/ Richard Gould APPLICANT: Windmill Estates, LLC 3480 Torrance Boulevard #300 Torrance, CA 90503 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-24 and Minor Conditional Use Permit No. 2003-17, Findings of Fact, and conditions of approval as listed within the resolution. Richard Gould, applicant, stated that the owners of these properties usually install extensive landscaping after the fact. For that reason, he would prefer the property owner install the landscaping. He read staff's report and concurred with the conditions of approval. He explained that the property is in escrow and the structure is a custom built house for a custom buyer. JANUARY 13, 2004 PAGE 10 PLANNING COMMISSION VC/Nolan moved, C/Wei seconded, to approve Development Review No. 2003-24 and Minor Conditional Use Permit No. 2003-17, Findings of Fact, and conditions of approval as listed within the resolution. AYES: COMMISSIONERS: VC/Nolan, Wei, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Tanaka 8.5 Development Review No. 2003-28 and Minor Conditional Use Permit No. 2003-18 (pursuant to Code Section 22.48.020.(a)(1)) is a request to construct a first and second story addition of approximately 2,200 square feet to an existing one story single-family residence which includes a two car garage totaling approximately 1,720 square feet. The request also includes a Minor Conditional Use Permit due to the existing legal non -conforming separation of 10 feet between the subject single-family structure and the single-family structure on the adjacent lot instead of the required 15 foot separation and existing side yard setbacks. PROJECT ADDRESS: 23511 Decorah Road (Tract 27530, Lot 55) Diamond Bar, CA 91765 PROPERTY OWNER/ Mr. and Mrs. Mohamad Fakih APPLICANT: 23511 Decorah Road Diamond Bar, CA 91765 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-28 and Minor Conditional Use Permit No. 2003-18, Findings of Fact, and conditions of approval as listed within the resolution. Mr. Fakih said he read staff's report and concurred with the conditions of approval. Chair/Tye opened the public hearing. There was no one present who wished to speak on this matter. Chair/Tye closed the public hearing. 1 1 JANUARY 13, 2004 PAGE 11 PLANNING COMMISSION VC/Nolan moved, C/Wei seconded, to approve Development Review No. 2003-28 and Minor Conditional Use Permit No. 2003-18, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Nolan, Wei, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Tanaka 9. PLANNING COMMISSION COMMENTSANFORMATIONAL ITEMS: Chair/Tye thanked staff for their fine work and assistance to the Planning Commission. He asked Commissioners to decide what date would be available for a tour of the Diamond Bar Center. 10. STAFF COMMENTSANFORMATIONAL ITEMS: DCM/DeStefano reported to VC/Nolan's concern that he had nothing to report regarding the Timber Ridge sign. Staff continues to discuss the matter with potentially interested parties. Today staff received a new site plan from the owner of the Country Hills Towne Center. Staff is compiling a package that includes a Zone Change, Development Review, Conditional Use Permit modification as well as, a proposed height variance for a newly proposed structure. The property owner is interested in adding restaurants and retail, improving the theater, razing the buildings at the northerly Diamond Bar Boulevard frontage in order to construct a multi -story office building. The Planning Commission will likely review this project in the .next couple of months. DCM/DeStefano attended a Planning Director's meeting for the San Gabriel Valley Council of Governments today. One of the topics discussed was an upcoming valley -wide summit on growth to be held on March 20, 2004, in Diamond Bar. DCM/DeStefano reported on freeway ramp closures. Tonight's packet contains information regarding the upcoming Planning Commissioners Institute in Monterey on Wednesday, March 31 through Friday, April 2, 2004. He asked Commissioners to advise staff as soon as possible. He reported on the 600 -acre City of Industry project intended to create about 4.8 million square feet of space consisting of offices, industrial, a business park, big box retail, commercial center on Grand Avenue (creating a new street) and an auto row to augment the Honda dealership with a network of streets about four miles in length potentially connecting to Brea Canyon Road, Grand Avenue and Sunset Crossing Road. Diamond Bar is in the JANUARY 13, 2004 PAGE 12 PLANNING COMMISSION process of responding to the Notice of Preparation. The conclusion of the letter will be completed prior to the next Planning Commission meeting. The City Council will discuss the project and its impacts to Diamond Bar at its January 20, 2004, study session. 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Tye adjourned the meeting at 9:02 p.m. Respectfully Submitted, Attest: �' Steve ye, Chairma City Manager