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HomeMy WebLinkAbout9/27/2005MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 27, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 7:08 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Joe McManus; Vice Chairperson Ruth Low; and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng. Also present: Nancy Fong, Interim Community Development Director; Bradley E. Wohlenberg, Acting City Attorney; Ann Lungu, Associate Planner; Linda Smith, Development Services Associate; and Stella Marquez, Senior Administrative Assistant. 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 September 13, 2005. C/Nolan moved, VC/Low seconded to approve the Regular Meeting Minutes for September 13, 2005, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None Nolan, VC/Low, Torng, Chair/McManus None Lee None SEPTEMBER 27, 2005 Page 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): 7.1 DEVF1 nPUI:M, +moi-r�rr LVV�-L7 ana MINOR CONDITIONAL USE PERMIT NO. 2005-12 - In accordance with Development Code Sections 22.48, 22.56 and 22.68, this was a request toremodel and construct an approximate 900 square foot single story addition at the rear of the existing 1,552 livable square foot, two story legal non -conforming single family residence with a two car garage. A Minor Conditional Use Permit approval was to allow the continuation of legal non -conforming front yard setback distances. PROXECT ADDRESS: PROPERTY OWNER/ APPLICANT: 24249 Seagreen Drive (Lot 17, Tract 33020) Diamond Bar, CA 91765 Patricia Covarrubias 24249 Seagreen Drive Diamond Bar, CA 91765 DSA/Smith presented staff's report and recommended Planning Commission approval of Development Review 2005-25 and Minor Conditional Use Permit No. 2005-12, Findings of Fact, and conditions of approval as listed within the resolution. VC/Low asked if the 40 foot setback extended to the wrought iron fencing or to the bottom of the slope. DSA/Smith responded that it was measured to the property line. VC/Low asked if the subject location on the revised plan vicinity map was indicated on the wrong side of the street and DSA/Smith agreed that it was. Chair/McManus noted that the applicant was not present. DSA/Smith informed the Commissioners that the applicant/owner was on vacation. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Nolan moved, VC/Tomg seconded, to approve Development Review No. 2005-25 and Minor Conditional Use Permit No. 2005-12, Findings of SEPTEMBER 27, 2005 Page 3 PLANNING COMMISSION Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Torng, Lee, VC/Low, NOES: COMMISSIONERS: None/McManus ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2005-28 and Minor Conditional Use Permit No. 2005-13 - In accordance with Development Code Sections 22.48.020(1), 22.30.080(5) and 22.56.010, this was a request to construct a two story, single family residence of approximately 12,400 gross square feet including balconies, porch and attached four car garage. The project also included a retaining wall in the rear yard with a maximum exposed height of seven feet. The Minor Conditional Use Permit was for a driveway wider than the maximum 14 feet allowed at the street property line. PROJECT ADDRESS: 2855 Oak Knoll Drive (Tract Map No. 48487, Lot 14) Diamond Bar, CA 91765 PROPERTY OWNER/ Windmill Estates, LLC APPLICANT: 2632 W. 237th Street Torrance, CA 90505 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2005-28 and Minor Conditional Use Permit No. 2005-13, Findings of Fact, and conditions of approval as listed within the resolution. VC/Low pointed out that the matrix and draft resolution contained inconsistencies. AssocP/Lungu responded that the motion should be in accordance with the figures contained in the matrix -- 91,539 square feet and 2.10 acres with a pad area of 18,449 square feet. C/Nolan asked if it would be possible for staff to update the aerials. AssocP/Lungu explained to VC/Torng that the landscape plan would have to comply with the mitigation measures for the original Tract Map. The landscaping has to be confined to the pad area and not extend into the slope drainage easement. When plans are submitted to staff they will be reviewed SEPTEMBER 27, 2005 Page 4 PLANNING COMMISSION for compliance. iCDD/Fong said that typically, staff would review the landscape and irrigation plan and JCC had established a track record of providing the landscape plan and installation after occupancy release. Obviously it would have to meet the mitigation that was part of the approval for the entire tract. C/Lee asked if staff felt there was a foreseeable impact to the driveway area by extending it from 14 feet to 33 feet. ICDD/Fong responded that this lot was large and had a wide street frontage. Therefore, it was reasonable for the driveway width to be increased and it would not create any significant impact to traffic and safety. Typically, larger homes such as the subject property have four car garages requiring a wider driveway to safely ingress and egress the site. The code allows for a 14 -foot driveway that limits the amount of hardscape within the front yard area. The Minor Conditional Use Permit process allows the City to take into consideration several factors including street frontage width, fire department requirements, safety and traffic concerns and conditions applied through the MCUP process run with the land. C/Nolan pointed out that the Commission has the authority to grant changes on a case-by-case basis and it is up to the Commission to determine whether the request is reasonable. Accordingly, if a property owner requested a 30 - foot driveway on a 60 -foot frontage it is unlikely that the Commission would approve such a request. VC/Low explained that the process of applying for a Minor Conditional Use Permit was open to anyone and that the 14 -foot requirement was a minimum standard. C/Lee said that a deviation of the Code made sense to him. However, in his opinion, a conditional use permit was different. if there were no standards by which to determine whether the Commission should grant approval the decision would be based on the Commissioners' personal concepts and such a decision could be problematic. ACA/Wohlenberg explained to C/Lee that this was a discretionary process as opposed to one being granted by right and that everyone had a right to have a driveway that was 14 feet wide. if a property owner wanted to exceed the 14 feet it would require the discretion of staff and/or the Commission to review and act upon the application. SEPTEMBER 27, 2005 Page 5 PLANNING COMMISSION Kurt Nelson concurred with staffs report and said he believed the owners of this home would do a much betterjob with the landscaping than would JCC. He thanked staff and Commission for making his job easier. This was the last of more than 120 homes JCC had developed through three phases and he had enjoyed coming to Diamond Bar and coming before the Commission. He and his partners appreciate the Diamond Bar staff and their courtesy and respect and will miss Mr. DeStefano a great deal. He hoped that within the next six months he would be before the Commission with the South Pointe West project. He said that his partners asked him to express their gratitude and point out that this had been a very nice City in which to conduct business. VC/Low asked if Mr. Nelson and his partners would be willing to set aside funds to support an art project in one of the city parks. Mr. Nelson said he would be in favor of supporting such a project and he invited VC/Low to call him with a reminder. One of the benefits of JCC building the South Point West project is that a park known as "Larkstone" park would finally come to fruition and if there were an appropriate location for an art element the Parks and Recreation Department should be brought into the discussion because discussions regarding the park plan were currently in the planning phase. C/Nolan told Mr. Nelson it had always been a pleasure to have him come before the Commission and that the Quality of JCC's work had been tremendous. C/Torng felt that Diamond Bar was lucky to have JCC develop property in the city. He said he lived very close to the South Pointe West project and was very happy that there would be a Larkstone Park. He was also pleased that Mr. Nelson gave staff very high marks because it made the approval process much easier for him. Chair/McManus said that in dealing with many builders in the community none had exceeded the high standards of JCC. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Torng moved, C/Nolan seconded, to approve Development Review No. 2005-28 and Minor Conditional Use Permit No. 2005-13, Findings of SEPTEMBER 27, 2005 Page 6 PLANNING COMMISSION Fact, and conditions of approval as listed within the resolution subject to the square footage measurements found within the matrix. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Nolan, Lee, VC/Low, NOES: COMMISSIONERS: None/McManus ABSENT: COMMISSIONERS: None 8. PLANNING COMMSSIONER COMMENTWINFORMATIONAL ITEMS: Chair/McManus welcomed C/Lee to the Commission. C/Lee said he was very excited to serve on the Commission because he was learning new things and it was a new experience for him. He said he would learn everything possible about the job so that he could best serve the applicants and residents as well as the city. He said he intended to conduct himself based on two important principles: To respect and protect the rights of private ownership and to make his decisions for the benefit of the. majority of the people and he prefers that the Commissioners act as a cohesive body free of argument for the good of all residents and applicants. C/Torng said he enjoyed his tour of the citywith Mr. DeStefano and TCDD/Fong. He was pleased to learn that the city had major ongoing projects. As previously mentioned he lives close to the South Pointe West project and reiterated how happy he was that there would be a park in his neighborhood. He thanked ICDD/Fong for her help in malting him more aware of what was happening in the city. He welcomed C/Lee to the Commission. He wanted to be sure that staff would allow him the opportunity to participate in the upcoming Planning Commissioners Seminar. He is also participating in the San Gabriel Valley Leadership Seminar and finds it very interesting and informative. C/Nolan thanked ICDD/Fong for staff's efforts regarding the Diamond Bar Village project. He informed staff that a couple of the homes adjacent to the project on Seagreen appear to have code violations i.e., cars parked on lawns. Yesterday he participated in a fundraiser sponsored by the Diamond Bar Chapter of Champ Camp headed by Ken Hewitt. Each year the chapter raises money to send young burn victims to a week at camp. Yesterday the chapter raised about $30,000. It costs about $600 per kid to attend the camp. SEPTEMBER 27, 2005 Page 7 PLANNING COMMISSION VC/Low thanked ICDD/Fong for providing the very helpful and very well done status report to the Commission. About a year ago there was a home in her neighborhood that had numerous code violations and she was happy to report that the lawn looks like a lawn and the property looks like every other property in the neighborhood. She thanked code enforcement and other staff whom helped make it possible. She welcomed C/Lee to the Commission. Chair/McManus congratulated ICDD/Fong. ICDD/Fong thanked Chair/McManus and said she had big shoes to fill, that she missed Jim DeStefano already and that she hoped to see him at the ICSC Conference in Palm Springs tomorrow. Chair/McManus said that while the Commissioners also missed Jim DeStefano they were in full support of ICDD/Fong. Chair/McManus thanked VC/Low for asking Mr. Nelson to contribute art at the new park. JCC is a very good and cooperative builder. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 9.2 Status of approved projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 8:00 p.m. Respectfully submitted Nang�Fo`rig­ Interim Commun Director