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HomeMy WebLinkAbout8/8/2006MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 8, 2006 CALL TO ORDER: Vice Chairman Nelson called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management DistrictJGovernment Center Auditorium, 21865 Copley Drive, Diamond Bar, California 9176:5. PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Tony Torng, Osman Wei and Vice -Chairman Steve Nelson. Also present: Nancy Fong, Community Development Director; Gregg Kovacevich, Assistant City Attorney; Ann Lungu, Associate Planner; Linda Smith, Development Services ,Associate, David Alvarez, Planning Technician; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Received and Filled - Minutes of the Regular Meeting of July 11, 2006 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review No. 2006- 20 and Conditional Use Permit 2006-07 - In accordance with Sections 22.42 and 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct roof mounted wireless communications facilities and equipment cabinets, as well as various surface mounted antennas on the existing Holiday Inn. The site is fully developed with a multi -story hotel. The subject property consists of 3.5 -acres of land. (Continued from July 11, 2006) AUGUST 22, 2006 PAGE 2 PLANNING COMMISSION PROJECT ADDRESS: 21725 E. Gateway Center Drive (Holiday Inn Select) Diamond Bar, CA 91765 PROPERTY OWNER/ Oak Creek, LTD. Partnership 21725 E. Gateway Center Drive Diamond Bar, CA 91765 APPLICANT: Royal Street, LLC Maree Hoeger, Project Manager 350 Commerce, Suite 200 Irvine, CA 92601 CDD/Fong reported that staff concurred with the applicant to recommend this matter be continued to September 26, 2006, to allow the applicant an opportunity to gain approval from the Gateway Association Board and to continue working with staff and the Holiday Inn toward agreement of proper screening for the wireless antenna and equipment. VC/Nelson re -opened the public hearing. C/Torng moved, C/Lee seconded to continue Conditional Use Permit No. 2006-07 and Development Review 2006-20 to September 26, 2006. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Lee, Wei, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PUBLIC HEARINGS: 8.1 Conditional Use Permit No. 2006-08 and Minor Conditional Use Permit No. 2006-09 - In accordance with Code Sections 22.58, 22.65, and 22.68.070, the applicant requested approval of an amendment of Conditional Use Permit No. 2347-(1) herein renumbered as Conditional Use Permit No. 2006-8 and Minor Conditional Use Permit No. 2006-09 to delete the original sunset clause of the existing pizza restaurant with outdoor dining, game arcade, on-site sale of beer/wine, and establish the uses to run with the land. AUGUST 22, 2006 PROJECT ADDRESS PROPERTY OWNER: APPLICANT: PAGE 3 PLANNING COMMISSION 1261 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Diamond Bar/Grand, LLC 2717 West Coast Highway Newport Beach, CA 92663 Richard Kim 3126 Gotera Drive Hacienda Heights, CA 91745 DSA/Smith presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2006-08 and Minor Conditional Use Permit No. 2006-09, Findings of Fact, and conditions of approval as listed within the resolution. VC/Nelson opened the public hearing. Richard Kim, owner/applicant, spoke about the project and said he read staff's report and concurred with conditions of approval. VC/Nelson closed the public hearing. C/Torng moved, C/Lee seconded to approve Conditional Use Permit No. 2006-08 and Minor Conditional Use Permit No. 2006-09, 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: Torng, Lee, Wei, VC/Nelson None None 8.2 Development Review No. 2005-38 — In accordance with Code Sections 22.16.060, 22.42 and 22.48, the applicant requested approval of plans to construct two new cupolas with concealed rooftop antennas for wireless telecommunication. PROJECT ADDRESS: 2707 S. Diamond Bar Boulevard Diamond Bar, CA 91765 AUGUST 22, 2006 PAGE 4 PLANNING COMMISSION PROPERTY OWNER: James H. and Lynette Ann Martindale 1340 E. Route 66 Glendora, CA 91740 APPLICANT: T -Mobil 3 Imperial Promenade #1100 Santa Ana, CA 92707 DSA/Smith presented staff's report and recommended Planning Commission approval of Development Review No. 2005-38, Findings of Fact, and conditions of approval as listed within the resolution. VC/Nelson opened the public hearing. John Austin, Trillium, representing the applicant, said he read staff's report and concurred with the conditions of approval. VC/Nelson closed the public hearing. VC/Nelson asked if it would improve the service if the tower were 20 feet tall. Mr. Austin responded generally yes because the higher the tower the better the reception. However, these antennae have a very low signal and hand off in a line -of -site and at the proposed height Trillium was able to reach its objectives. Usually, towers need to be 40 to 60 feet from ground level. C/Wei asked if Mr. Austin's company contemplated putting a cell site on the water tower in "The Country Estates." Mr. Austin responded that cell site location is driven by technology and by customer complaints. There could be a need in the area as capacity grows. However, without knowing about the water tank location and height it may not line up with one of Trillium's sites. C/Lee moved, C/Wei seconded to approve Development Review No. 2005-38. Motion carried by the following Roll Call vote: AYES: Lee, Wei, Torng, VC/Nelson None None COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: AUGUST 22, 2006 PAGE 5 PLANNING COMMISSION 8.3 Development Review No. 2006-23 and Conditional Use Permit No. 2000-03(2) -• In accordance with Code Sections 22.66 and 22.48, the applicant requested approval of plans to modify an adjoining 1,200 square feet retail suite to a Montessori Elementary School classroom with interior tenant improvements to connect with the existing school and, add a bathroom. PROJECT ADDRESS PROPERTY OWNER 23555 Palomino Drive Diamond Bar, CA 91765 A -P Diamond Bar, LLC 310 Golden Shore #300 Long Beach, CA 90802 APPLICANT: Diamond Bar Montessori Academy c/o Tige E. Licato 424 E. 90 Street Upland, CA 91786 DSA/Smith presented staffs report and recommended Planning Commission approval of Development Review No. 2006-23 and Conditional Use Permit No. 2000-03(2), f=indings of Fact, and conditions of approval as listed within the resolution. C/Lee asked hour many children were enrolled in the school. DSA/Smith responded that the existing school enrollment (occupancy) was limited to 104 and additional enrollment for the proposed use is 24 children. DSA/Smith pointed out that the play area would be increased by about 750 square feet and said that all of the play area was fenced. C/Wei wanted to know if the restroom facilities accommodated small children. He asked if two exits were suitable in case of emergency. DSA/Smith responded that Building and Safety made no negative comments with respect to ingress/egress and that restrooms were built to code. CDD/Fong responded to C/Torng that the children are allotted indoor playtime as well as outdoor playtime. The formula for arriving at the number of students shows that at any one time there would not be more than 90 students playing outdoors. VC/Nelson opened the public hearing. AUGUST 22, 2006 PAGE 6 PLANNING COMMISSION Tige Licato stated that the school had been open in the City for seven years and that safety was very important and the school's record spoke for itself. Mr. Licato responded to C/Lee that the school was licensed to accommodate 104 students. The school has two-day, three-day and fulltime programs and the student counts never exceed 104. The current elementary space has 24 elementary children and he believed that would also be the occupancy for the new expansion. Mr. Licato pointed out the playground areas for C/Torng using the overhead. He also testified about the security of the building and said that the only ingress was through a front key coded entry and that there was always a full time director/administrator at the door who checked everyone in and out. Staff parks at the rear of the building and that all frontage parking spaces at the school were 15 -minute drop off spaces. He said that parking had never been an issue. VC/Nelson closed the public hearing. C/Lee moved, C/Wei seconded to approve Development Review No. 2006-23 and Conditional Use Permit No. 2000-03(2), Findings of Fact and conditions of approval as listed within the resolution. C/Torng asked staff to modify the map because he could not easily see the various playgrounds. CDD/Fong asked if C/Torng wanted each playground labeled and C/Torng responded affirmatively and said he also wanted the calculations. Basically, he wanted greater clarification included in the map. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Wei, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8.4 Development Review No. 2006-27 and Minor Conditional Use Permit No. 2006-08 - In accordance with Code Sections 22.48, 22.56 and 22.68, this was a request to add 972 square feet to an existing 1,365 square foot Single Family Residence on an existing 7,897 square foot lot consisting of 0.18 acres zoned R-1 8,000 with a consistent underlying General Plan Land Use of Low Density Residential (RML). AUGUST 22, 2006 PAGE 7 PLANNING COMMISSION PROJECT ADDRESS: 1723 Roundtree Circle Diamond Bar, CA 91765 PROPERTY OWNER: Michael and Julia Sullivan 1723 Roundtree Circle Diamond Bar, CA 91765 APPLICANT: ProBuilder Attn: Kenn Coble 449 W. Allen Avenue, Suite 109 San Dimas, CA 91773 PT/Alvarez presented staff's report and recommended approval of Development Review No. 2006-17 and Minor Conditional Use Permit No. 2006-08, Findings of Fact, and conditions of approval as listed within the resolution. VC/Nelson opened the public hearing. Kenn Coble explained how the design fit in with the hillside non -conforming lot. VC/Nelson closed the public hearing. C/Torng moved, C/Lee seconded to approve Development Review No. 2006-27 and Minor Conditional Use Permit No. 2006-08, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Lee, Wei, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8.5 Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05 — In accordance with Code Sections 22.48.020(a)(1), 22.56 and 22.68, this was a request to construct a first and second story addition/remodel of approximately 2,600 square feet including the patio cover to an existing one-story single-family residence of approximately 1,412 square feet with an existing two -car garage. The Minor Conditional Use Permit was a request to maintain the existing five-foot side yard setback and AUGUST 22, 2006 PAGE 8 PLANNING COMMISSION 10 and 13 -foot separation between residences on adjoining properties for the proposed addition. PROJECT ADDRESS: PROPERTY OWNERS: 24115 Willow Creek Road Diamond Bar, CA 91765 Mr. and Mrs. Adolfo Mijares 24115 Willow Creek Road Diamond Bar, CA 91765 APPLICANT: Sergio Gonzales 6 N. First Avenue, Suite 101 Arcadia, CA 91006 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05, Findings of Fact, and conditions of approval as listed within the resolution. VC/Nelson opened the public hearing. Martha Mijares, property owner, said she read staffs report and responded to C/Torng that she noticed the requirement for the door and said that there was currently a door in that location. She said she understood and accepted the conditions of approval. VC/Nelson closed the public hearing. C/Lee moved, C/Wei seconded to approve Development Review No. 2006-14 and Minor Conditional Use Permit No. 2006-05, 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: Lee, Wei, Torng, VC/Nelson None None 9. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Wei said he was happy to be back on the Planning Commission. He thanked staff for their assistance. AUGUST 22, 2006 PAGE 9 PLANNING COMMISSION C/Lee introduced his cousin visiting from Korea. He said he invited his cousin to witness a true democratic and beautiful process tonight so that he could take what he learned back to his country. C/Torng said he visited England and attended the House of Parliament. He welcomed C/Wei and complimented C/Everett on his attention to detail. When he visited one of tonight's projects he noticed that 24137 Willow Creek Road appeared to be deserted and unkempt. VC/Nelson welcomed C/Wei back to the Commission and said he looked forward to working with him. He said he was complimented that C/Lee would invite his cousin to this proceeding as an example of democracy. VC/Nelson said he understood C/Torng's sentiments about C/Everett and assured him it was the right of every Commissioner to ask questions and exercise his right to do so no matter what amount of detail Commissioners needed to arrive at a satisfactory conclusion regarding projects. 10. STAFF COMMENTS AND INFORMATIONAL ITEMS: 10.1 Art in Public Places CDD/Fong reported that on July 18 staff forwarded the Planning Commission's recommendation to the City Council regarding Art in Public Places. The City Council was interested in pursuing the matter and directed staff to work with the Parks and Recreation Commission for further input. The Parks and Recreation Commission recommended setting up a subcommittee consisting of two Planning Commissioners and two Parks and Recreation Commissioners to further study the matter, create a definition of art, decide where art pieces could be placed, etc. C/Torng and VC/Nelson volunteered to participate on the subcommittee. C/Lee said he would not participate because he would not favor imposing a condition on developers that would ultimately pass the costs to the consumer. C/Wei said because he was new to the issue he would prefer to gather more information before making a decision. AUGUST 22, 2006 10.2 Historical Windmill PAGE 10 PLANNING COMMISSION CDD/Fong reported that Council's direction was to attempt to preserve the windmill either in its current location or at another location. Staff was researching who owns the structure and discovered that the property owner believes he owns the structure. Staff is researching what can legally be done to preserve the structure. 10.3 Planning Commissioner Training Workshop CDD/Fong offered special training to the Commissioners to assist them to becoming familiar with the City's review process, discuss the basis of the General Plan, zoning, etc. She suggested a study session to consider the project design prior to a regular Planning Commission meeting on a monthly basis addressing different topics. She also recommended a study session to consider the proposed JCC Development project to prepare to address the public concerns and comments. VC/Nelson highly recommended that the Commissioners attend the sessions so that they are armed with the facts. He said he would have to consult legal counsel regarding his attendance at the sessions because he would be recusing himself from ultimate consideration of the project. C/Torng felt he would have to recuse himself because he lived too close to the proposed project. CDD/Fong believed he lived an adequate distance from the project to not have to recuse himself and said she would check into the matter. 10.4 Public Hearing dates for future projects 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. AUGUST 22, 2006 PAGE 11 PLANNING COMMISSION ADJOURNMENT: Wit no further business before the Planning Commission, Vice Chairman Nelson adjourned the meeting at 8:41 p.m. Respectfully Submitted, Nancy Fong Community Attest: