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Home My WebLink About11/23/2004MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 23, 2004 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Tanaka led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka, and Commissioners Ruth Low, Joe McManus and Steve Tye. Also present: James DeStefano, Deputy City Manager, Nancy Fong, Planning Manager, Ann Lungu, Associate Planner, 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 Regular Meeting of November 9, 2004. VC/Tanaka moved, C/Tye seconded to approve the minutes of the Regular Meeting of October 26, 2004, as corrected. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: ABSTAIN: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS None None VC/Tanaka, Tye, Low, McManus, C/Nolan None None None NOVEMBER 23, 2004 Page 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): None 7.1 Development Review No. 2004-17 and Tree Permit No. 2004-10 In accordance with Code Sections 22.48, 22.42 and 22.38, this is a request to construct an approximate 1,382 square foot two story addition with a 990 square foot two-story balcony and patio cover colonnade in the rear of an existing 4,588 gross square foot two story, single-family residence with a four -car garage. The request also includes the removal and replacement of protected/preserved oak and walnut trees and to grade and construct the series of retaining walls in areas of varying topography from two to seven feet exposed height. The grading and walls will create a new pad for the proposed 338 square foot guesthouse/recreation room. The project also included a basketball court, swimming pool and spa. PROJECT ADDRESS: PROPERTY OWNERS/ APPLICANT: 2800 Steeplechase Lane (Lot 58, Tract 30289) Diamond Bar, CA 91765 Robert and Mary Chang 2800 Steeplechase Lane Diamond Bar, CA 91765 PM/Fong presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-17 and Tree Permit No. 2004-10, Findings of Fact, and conditions of approval as listed within the resolution. C/Low asked if recommended mitigations indicated in Leopoldo Avila's September 14, 2004, letter were incorporated in the resolution. PM/Fong responded that the recommendations were included in the conditions of approval within the resolution. Chair/Nolan referred C/Low to page 5, paragraph (k). PM/Fong indicated that Condition (w) on page 8 could be modified to state that all mitigation reflected in the arborist's report would be required. Kent Wu, Architect, said he was present to questions. He stated that he read staff's repo conditions of approval including the mitigation report. answer Commissioners' rt Chair/Nolan opened the public hearing. and concurred with the outlined in the arborist's NOVEMBER 23, 2004 Page 3 PLANNING COMMISSION With no one present who wished to speak on this item, Chair/Nolan closed the public hearing. C/Tye moved, VC/Tanaka seconded to approve Development Review No. 2004-17 and Tree Permit No. 2004-10 as amended by C/Low, Findings of Fact, and conditions of approval. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low, McManus, Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None 7.2 Development Review No. 2004-38 and Minor Variance No. 2004-13 - in accordance with Code Sections 22.48, 22.56 and 22.68, this is a request to construct an approximate 1,332 square foot addition, a 288 square foot patio cover, and to remodel an existing 1,915 livable square foot two story, single- family residence with a two car garage. A Minor Conditional Use Permit approval is required to allow the continuation of the legal non -conforming front setback distance. PROJECT ADDRESS: PROPERTY OWNERS/ APPLICANT: 23415 Quail Summit Drive (Lot 26, Tract 31063)) Diamond Bar, CA 91765 Richard and Carmen Romero 23415 Quail Summit Drive Diamond Bar, CA 91765 PM/Fong presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-38 and Minor Conditional Use Permit No. 2004-13, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Nolan asked if the legal non -conforming setback was the standard prior to application of the City's Development Code and PM/Fong responded that Chair/Nolan was correct in his assumption. NOVEMBER 23, 2004 Page 4 PLANNING COMMISSION Richard Romero explained the proposed project to the Commission and said that he read staffs report and concurred with the conditions of approval as stated. Chair/Nolan opened the public hearing. With no one present who wished to speak on this matter, Chair/Nolan closed the public hearing. C/McManus moved, C/Low seconded to approve Development Review No. 2004-38 and Minor Conditional Use Permit No. 2004-13, Findings of Fact, and conditions of approval. Motion approved 4-1 by the following Roll Call vote: AYES: COMMISSIONERS: Chair/Nolan, VC/Tanaka, Low McManus, Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Vesting Tentative Tract Map No. 53670 Zone Chane No. 2002-03 Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12 In accordance with the Subdivision Map Act, City's Subdivision Ordinance - Title 21 and Development Code - Title 22, Sections 22.70, 22.58, 22.22 and 22.38, this is a request to subdivide approximately 7.5 acres into five lots for the eventual development of five single-family custom homes. The Zone Change is related to changing the existing zoning from R-1-20,000 to Rural Residential (RR). The Conditional Use Permit is related to grading and development within a hillside area. The Tree Permit is related to the removal/replacement/protection of oak and walnut trees. PROJECT ADDRESS: Southerly Terminus of Alamo Heights Drive (On the east side) PROPERTY OWNER/ Horizon Pacific Diamond Bar, LLC APPLICANT: Jerry K. Yeh 2707 S. Diamond Bar Boulevard Diamond Bar, CA 91765 AssocP/Lungu presented staffs report. Staff recommended that the Planning Commission recommend certification to City Council of the Draft Environmental Report No. 2004-01 (SCH#2003071051) and recommend NOVEMBER 23, 2004 Page 5 PLANNING COMMISSION approval to City Council of Vesting Tentative Map No. 53670, Mitigation Monitoring Program, Zone Change 2002-03, Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12, Findings of Fact and conditions of approval as listed within the resolutions. AssocP/Lungu responded to C/Low that RR zone was more restrictive than the R-120;000 zone Lots and setbacks were required to be larger. If Mr. Yeh decided to sell the property without development, the mitigation measures would go with the project and the new owner of project would be responsible. The property owners of each lot would be given a Buyers Awareness package as part of their escrow and would be required to sign a receipt to assure understanding and compliance. AssocP/Lungu confirmed that the `in - lieu" fees were a part of the off-site mitigation. VC/Tanaka said he visited the site today. He asked if the terminus of Alamo Heights would create the need for widening the property between the two existing houses? AssocP/Lungu responded that there would be some adjustments made in accordance with the Conditions of Approval for the driveway of the home adjacent to this project and that the condition was directed toward the developer. Lex Williman, Hunsaker & Associates San Diego, Inc. said that he was proposing a down zoning that would be more restrictive and prior to recordation the developer would be required to produce a habitat mitigation project and plan. He stated that the road would be widened to the standards of "The Country Estates" and asked that the Commission recommend Council approval. Chair/Nolan opened the public hearing. With no one present who wished to speak on this item, Chair/Nolan closed the public hearing. DCM/DeStefano responded to Chair/Nolan that as a result of this project 208 trees would be removed and that such removal was usual for this type of development. Also in such cases it would be difficult to reach the 3:1 ratio for replacement on-site, thus the in -lieu condition. C/Low asked about the status of the parcel south of this proposed project. DCM/DeStefano stated that the project known as Tract 53430 was in the development stages. A Draft EIR was distributed to the public and the public NOVEMBER 23, 2004 Page 6 PLANNING COMMISSION comment period had closed. As a result of comments received from the public as well as City staff, the project was being revised. Staff anticipated a new plan drawing about the end of January 2005. The 80 -acre project includes about 48 dwelling units and millions of yards of earth removal with thousands of trees potentially affected. VC/Tanaka moved, C/McManus seconded, to recommend certification of the Draft Environmental Report No. 2004-01 (SCH#200307[ 051) and recommend approval to City Council of Vesting Tentative Map No. 53670, Mitigation Monitoring Program, Findings of Fact and conditions of approval as listed within the resolutions. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Chair/Nolan, VC/Tanaka, Low McManus, Tye None None C/Tye moved, Chair/Nolan seconded to recommend approval of Zone Change 2002-03, Findings of Fact and conditions of approval as listed within the resolutions to City Council. Motion carried by the following Roll Call vote: NOES: COMMISSIONERS ABSENT: COMMISSIONERS Chair/Nolan, VC/Tanaka, Low McManus, Tye None None VC/Tanaka moved, C/Low seconded, to recommend approval of Conditional Use Permit No. 2002-17 and Tree Permit No. 2002-12, Findings of Fact and conditions of approval as listed within the resolutions to City Council. Motions carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Chair/Nolan, VC/Tanaka, Low McManus, Tye None None 8. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: VC/Tanaka wished everyone a safe and happy Thanksgiving Holiday. NOVEMBER 23, 2004 Page 7 PLANNING COMMISSION 9. STAFF COMMENTS AND INFORMATION ITEMS: DCM/DeStefano reported that at its November 16 meeting the City Council upon a vote of 4-1 approved the Best Western property Parcel Map. Thursday PM/Fong celebrates herfirst month with the City and DCMIDeStefano found herto be a great asset to him in the operation of the Planning Division. In addition, she also oversees the Neighborhood Improvement Division. He stated that as time passes and with her capable input, the delivery of projects to the Planning Commission and to the City Council will continue to improve and she will contribute great service to the City. DCMIDeStefano wished the Commissioners and their families a Happy Thanksgiving. CITye asked that tonight's meeting be adjourned in memory of Kanuh Parikh, a gentle man and long time friend and resident of Diamond Bar. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 7:42 p.m. in memory of Kanuh Parikh. Resdectfully $Wbmitted, Jarhet DeStefa�o Deputy City Ma ager Attest: