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HomeMy WebLinkAbout9/14/2004MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 14, 2004 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner McManus 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; Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant 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 Study Session of August 24, 2004. VC/Tanaka moved, C/McManus seconded to approve the minutes of the Study Session of August 24, 2004, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: VC/Tanaka, McManus, Low, Tye None Chair/Nolan None Chair/Nolan said that although he was not present for the study session he studied the material and read the minutes. SEPTEMBER 14, 2004 Page 2 PLANNING COMMISSION 4.2 Minutes of the Regular Meeting of August 24, 2004. C/McManus moved, VC/Tanaka seconded to approve the minutes of the Regular Meeting of August 24, 2004, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None 7. PUBLIC HEARING(S): None McManus, VC/Tanaka, Low, Tye None Chair/Nolan None 7.1 Development Review No. 2004-24 - Pursuant to Code Sections 22.48 and 22.38 the applicant requested approval of plans to construct an approximate 13,491 square foot three story single-family residence (including porches, balconies, covered patios and an attached six car garage) on an existing vacant lot. The request included construction of retaining walls with a maximum exposed height of seven feet and protection of one oak tree and two California pepper trees. PROJECT ADDRESS: PROPERTY OWNER: 2668 Blaze Trail (Lot 149, Tract 30578) Diamond Bar, CA 91765 Victor Liang 16015 Phoenix Drive City of Industry, CA 91745 APPLICANT: Gary Wang & Associates, Inc. 573 Monterey Pass Road, Unit C Monterey Park, CA 91754 AssocP/Lungu presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-24 and Tree Permit No. 2004-06, Findings of Fact, and conditions of approval as listed within the resolution. SEPTEMBER 14, 2004 Page 3 PLANNING COMMISSION C/Low asked if the sentence indicating there were no outdoor amenities proposed precluded the applicant/owner from later approaching the City to build a pool or tennis court, for instance, to which AssocP/Lungu responded no. AssocP/Lungu responded to VC/Tanaka that it was unlikely that the small amount of earth that had already been moved was part of the grading plan. In addition, the required grading pian would be plan -checked and verified by staff. C/Tye felt that other protected species of on-site trees might have trunk diameters eight inches or greater. AssocP/Lungu explained that C/Tye was correct but that they were located outside of the grading limits. Gary Wang Associates representative (Domar Devon) said that he read staff's report and concurred with the conditions of approval. He explained that the architectural design conforms to "The Country Estates" specifications. He said that he and the owner understood that the trees would have to be protected. Mr. Devon explained to VC/Tanaka that they proposed two garage doors. Chair/Nolan opened the public hearing. With no one present to speak on this item, Chair/Nolan closed the public hearing. C/McManus moved, C/Tye seconded to approve Development Review No. 2004-24 and Minor Conditional Use Permit No. 2004-06, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: McManus, Tye, Low, VC/Tanaka Chair/Nolan None None 7.2 Conditional Use Permit No. 2004-04 - Pursuant to Code Sections 22.58 and 22.10.030 the applicant requested for the appropriate permit in order to conduct business as a taekwondo studio with an existing shopping center identified as the Country Hills Towne Center. SEPTEMBER 14, 2004 Page 4 PLANNING COMMISSION PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 2815 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Country Hills D.B., LLC, MCC Realty Management 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 Young In Cheon 1032 Gona Court Diamond Bar, CA 91765 AssocP/Lungu presented staff's report. Staff recommended Planning Commission approval of Conditional Use Permit No, 2004-04, Findings of Fact, and conditions of approval as listed within the resolution. AssocP/Lungu responded to C/Tye that if the studio were successful to the point that they .needed to move into a larger space in the same center, it would require another Conditional Use process because staff would have to look at the proposed operational characteristics and impacts to the center in the new location. The original CUP would require termination at the public hearing. In response to C/Low, AssocP/Lungu explained that a Taekwando studio is allowed in Gateway Corporate Center. However, applicant does not have City approval to operate at the hotel site. VC/Tanaka asked if the applicant would be required to submit build -out plans to which AssocP/Lungu responded that he would. VC/Tanaka also asked if the City required noise mitigation. DCM/DeStefano explained that noise mitigation was not typically required for this type of use. Chair/Nolan asked if the applicant was notified that the temporary use was allowed only until the proper permits were obtained and that if the applicant held future special events at the hotel he would be required to obtain a permit for each of those events. AssocP/Lungu replied that the applicant was put on notice via the staff reports. Ron Rosenberg, 1050 S. Grand spoke on behalf of his friend and teacher, Young in Cheon. Through Mr. Rosenberg, Mr. Cheon said he read staff's report and understood the terms and conditions including the requirement for permits for special events. SEPTEMBER 14, 2004 Page 5 PLANNING COMMISSION C/Low asked if the applicant owned or operated any other centers. Young In Cheon said he once had a business on Diamond Bar Boulevard and had given classes at the Holiday Inn free of charge while he was waiting for the shopping center to make the space available. Mr. Rosenberg stated that Mr. Cheon rented rooms at the Holiday Inn and Country Suites and had also sponsored banquets at the Diamond Bar Golf Course. C/Low asked if the school would have a retail operation and Mr. Cheon responded "no." Chair/Nolan opened the public, hearing. Grant Haver, 5445 Granada Avenue, Riverside, spoke on behalf of Master Young Kim, 1375 S. Diamond Bar Boulevard, stating that after Mr. Cheon claimed Chapter 7 and gave up rights to his former taekwondo school Mr. Kim bought the school at auction. After relieving himself of the debt Mr. Cheon sought to entice students away from the school to his new venture. Now Mr. Cheon was attempting to open a new school within two miles of the original school now owned by Mr. Kim. Mr. Haver said that taekwondo and other martial arts masters do not open schools in close proximity to one another, masters do not steal students from one another and in his opinion, it was not ethical for Mr. Cheon to claim bankruptcy to rid himself of debt only to have his business saved by an outside party and start a new business debt free that would challenge and ruin Mr. Kim's business. Chair/Nolan explained that the Commission primarily adjudicates land use and while he understood Mr. Haver's passion, the reality was that the Commission would have no jurisdiction with respect to his concerns. Al Cuenco, 1140 Chisholm Trail Drive, said it was important to him and to his children that Master Cheon be allowed to have a school. Ann Cheon, daughter of the applicant, said that the personal issues were not pertinent to this matter. When her father had the U.S. Taekwondo Center it helped surrounding businesses flourish. Master Cheon was an Olympic Coach for the 2000 Olympic USA team. He had a good resume and she felt he would do well by the City and students of Diamond Bar. This center was being established not for competition but as a place of learning and after school retreat. Chair/Nolan closed the public hearing. C/McManus explained that the Commission was not allowed to review matters that bordered on obstructing competition. The Commission SEPTEMBER 14, 2004 Page 6 PLANNING COMMISSION determines land use issues only and must base all decisions accordingly. C/Tye said he worked in business and it was up to the customer where they chose to shop and/or purchase goods and that it was not up to the Commission to tell people where to go for goods and services. He saw this as an opportunity to create additional business within the shopping center and felt there was no reason not to approve the proposed land use decision for this location. He hoped that Mr. Cheon would be able to provide a successful business in Diamond Bar and that all other concerns were irrelevant to the Commission's decision. C/Low agreed with C/McManus and C/Tye with respect to competition. However, she was troubled about Mr. Cheon's response to her when she asked him whether he had operated another school. He failed to state that he had operated another business in Diamond Bar. However, whether or not he was operating at no charge to his customers was not the concern of the Commission in this decision. AssocP/Lunge confirmed to Chair/Nolan that in the event this matter were approved by the Commission, staff would make certain that Mr. Cheon obtained all of the proper permitting. C/McManus moved, VC/Tanaka seconded, to approve Development Review 2004-04, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: McManus, VC/Tanaka, Low, Tye Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Review No. 2004-31 and Minor Conditional Use Permit No. 2004-10 - Pursuant to Code Sections 22.48 and 22.56 - the applicant requested approval to remodel and construct an approximate 965 square foot addition to an existing 2,468 square foot one story single-family residence with a two car garage. A Minor conditional Use Permit was also requested to allow the continuation of a legal non -conforming 15 foot front yard setback distance. PROJECT ADDRESS: 24422 Rockbury Dr. (Lot 50, Tract 42587) Diamond Bar, CA 91765 SEPTEMBER 14, 2004 Page 7 PROPERTY OWNERS: PLANNING COMMISSION Kennith Whitlock 24422 Rockbury Drive Diamond Bar, CA 91765 APPLICANT: Pro Builder, Kenn Coble 449 W. Allen Avenue #109 San Dimas, CA 91733 DSA/Smith presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-31 and Minor Conditional Use Permit No. 2004-10, Findings of Fact, and conditions of approval as listed within the resolution. DSA/Smith responded to VC/Tanaka that the 2468 gross square footage figure included the patio/sunroom area. Kenn Coble explained the project to the Commission and confirmed to Chair/Nolan that his company also completed the project on Great Bend Drive. Chair/Nolan commented that in his opinion, the applicant had done a good job on the Great Bend Drive project. Chair/Nolan opened the public hearing. 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. 2004-31 and Minor Conditional Use Permit No. 2004-10, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roil Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Tye, VC/Tanaka, Low, McManus, Chair/Nolan None None 7.4 Development Review No. 2004-30 and Minor Variance No. 2003-13 1 - Pursuant to Development Code Sections 22.48 and 22.52 - the applicant requested approval to remodel and construct an approximate 950 square foot addition to an existing 1,684 gross square foot one story single-family residence with a two -car garage. Minor Variance No. 2003-13(1) was to SEPTEMBER 14, 2004 Page 8 PLANNING COMMISSION continue the approved Minor Variance to reduce the side yard setback from 10 feet to 9 feet. PROJECT ADDRESS: 2914 Rising Star Dr. (Lot 50, Tract 42587) Diamond Bar, CA 91765 PROPERTY OWNER/ Subbash and Udita Kothari APPLICANT: 2914 Rising Star Drive Diamond Bar, CA 91765 DSA/Smith presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-30 and Minor Variance No. 2003-13(1) Findings of Fact, and conditions of approval as listed within the resolution. Mr. Kothari explained the proposed project. He indicated to Chair/Nolan that he read staff's report and concurred with the conditions of approval. Chair/Nolan opened the public hearing. With no one present to speak on this item, Chair/Nolan closed the public hearing. C/McManus moved, C/Low seconded to approve Development Review No. 2004-30 and Minor Variance No. 2003-13(1), Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote. AYES: COMMISSIONERS: McManus, Low, Tye, VC/Tanaka Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTSANFORMATIONAL ITEMS: Chair/Nolan said that he and VC/Tanaka were assisting with the Read Together Diamond Bar 5K Walk and Fun Run and asked for assistance from other Commissioners. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: DCM/DeStefano reported that tonight's Commission packet contained a list of public hearing dates for future projects and on the reverse side was listed the Horizon Pacific project. The public review comment period just closed on the Draft EIR and SEPTEMBER 14, 2004 Page 9 PLANNING COMMISSION 10. staff hoped to have the project to the Commission in about 30-45 days. The first page listed the Stanley Chung project that would likely come before the Commission at the end of October/first part of November. DCM/DeStefano report that on September 21 the City Council denied Mr. Sakla's appeal and upheld and affirmed the Planning Commission's decision to deny the weekend car sales use. DCM/DeStefano stated that the Planning Commission's approval of the Lazy Trail project was appealed to the City Council and that it would be considered on October 19. C/Tye asked what the City could do to expedite removal of notification signs once projects were approved. DCM/DeStefano felt staff should do a better job of reminding applicants that they needed to remove their signs. Another option would be to require the posting of a bond guaranteeing removal that again placed the burden on staff for removal should the property owners/applicants not remove the signs. C/Tye asked if the sign at the Calvary Chapel site could be moved to the corner of Grand and Golden Springs to provide greater visibility. DCM/DeStefano explained that the next phase would be the Brookfield Condominium project and the sign should be on that property. When the commercial property comes forward the sign could be placed in a more visible manner. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business meeting at 8:16 p.m. Attest: ` 114 Dan Nolan, Chairman C/Tye moved, C/McManus seconded to adjourn the meeting. before the Planning Commission, Chair/Nolan adjourned the itted, Deputy City Manager