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HomeMy WebLinkAbout5/25/2004MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 25, 2004 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:00 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: 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 May 11, 2004. C/McManus moved, VC/Tanaka seconded, to approve the minutes of the Regular Meeting of May 11, 2004, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Low, McManus, Tye, VC/Tanaka, Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None MAY 25, 2004 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARING(S): 7.1 Development Review No. 2004-13 (pursuant to Code Section 22.48) is a request to remodel and construct an approximate 713 square foot second story addition to an existing 1,205 livable square foot one story single-family residence with a two -car garage. (Continued from May 11, 2004) PROJECT ADRESS: PROPERTY OWNER 20316 Flintgate Drive (Lot 69, T28258) Diamond Bar, CA 91765 Lily W. Zheng 20316 Flintgate Drive Diamond Bar, CA 91765 APPLICANT: Rupert Mok 829 S. Lemon Avenue #A11-13 Walnut, CA 91789 AssocP/Lungu presented staff's report. She reported that the City's Neighborhood Improvement Officer visited the project site several times since the May 1 I Public Hearing. As a result, a correction notice was issued for parking a vehicle on an unpaved surface and the violation was immediately corrected. The City Attorney's memorandum regarding issues of family rental, parking and covenants and agreements was attached to staff's report and stated that staff's role was to look at regulations related to land use and not the land user. Staff concluded that this project complied with the General Plan objectives and strategies, complied with the standards in the City's Development Code for this type of addition, met the City's Design Guidelines and as a result, staff again recommended Planning Commission approval of Development Review No. 2004-13, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Nolan re -opened the public hearing. Bill Becker, 20311 Flintgate Drive said he did not believe the owner lived at the site. He had no problem with a room addition, but how many more individuals would live at the residence. He felt there would be additional parking violations if more rooms were built onto the home and wanted to know how he could find out if the house was being rented out. Chair/Nolan referred Mr. Becker to the opinion brought forward by the City Attorney. A significant amount of the concerns addressed by Mr. Becker had to do with the land user rather than land use. Chair/Nolan explained to Mr. Becker that the Planning Commission is MAY 25, 2004 PAGE 3 PLANNING COMMISSION charged with ruling on land use and recommended that if Mr. Becker witnessed future violations to the City's Code he call City Hall and present his concerns to Code Enforcement. Chair/Nolan closed the public hearing. C/Tye appreciated the City Attorney's memorandum citing the San Diego ordinance. However, it was not relative to the Commission's consideration tonight. C/Low said that given the City Attorney's memorandum, what was the force and effect of the covenant and agreement to maintain a single-family residence? Chair/Nolan recalled that DCM/DeStefano stated at the May 11 meeting that Code Enforcement would respond to infractions and that it was clear to him that matters of land users fell outside the auspices of the Planning Commission. C/McManus moved, C/Tye seconded, to approve Development Review No. 2004-13, Findings of Fact, and conditions of approval as listed within the resolution. AYES: COMMISSIONERS: Low, McManus, Tye, VC/Tanaka, Chair/Nolan' NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING COMMISSION COMMENTSANFORMATIONAL ITEMS: None Offered. 10. STAFF COMMENTSANFORMATIONAL ITEMS: 10.1 Public Hearing Dates for future projects. AssocP/Lungu stated that tonight the Commissioners were given two exhibits for the proposed Grand Avenue/Golden Spring Drive project, a mixed-use project that consists of commercial, residential, institutional and office/business park type uses. The City had been working on this project for some time and it continued to evolve. As a result, it was possible that other iterations would occur prior to the Commission's review. Staff plans to present this project to the Planning Commission at its June 22 meeting. MAY 25, 2004 PAGE 4 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 7:15 p.m. Attest: -T' Chairman Dan Nolan