HomeMy WebLinkAbout8/28/2007MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
AUGUST 28, 2007
CALL TO ORDER:
Chairman Nelson 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,
CA 91 ir65.
PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman
Wei, Vice Chairman Tony Torng, Chairman Steve Nelson
,Also present: Nancy Fong, Community Development Director; Greg
Gubman, Planning Manager; Ann Lungu, Associate Planner; Brad Wohlenberg,
,Assistant City Attorney, and Stella Marquez, Senior Administration Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. ,APPROVAL OF AGENDA: As Presented
4. CONSENT CALENDAR:
4.1 Minutes of Regular Meeting of August 14, 2007.
VC/Torng moved, C/Nolan seconded to approve the Consent Calendar as
presented. Motion carried by the following Roll Call vote:
,AYES:
COMMISSIONERS
NOES:
COMMISSIONERS
ABSTAIN:
COMMISSIONERS
ABSENT
COMMISSIONERS
5. OLD BUSINESS:
Nolan, Wei, VC/Torng, Chair/Nelson
None
Lee
None
5.1 DEVELOPMENT REVIEW NO. 2006-43—A six month compliance reviewof
conditions of approval for a private school, AP Learning Center, located at
1019 Via Sorella Street.
AssocP/Lungu presented staff's report indicating the applicant would most
likely be able to obtain a building permit within the next week to 10 -days for
AUGUST 28, 2007 PAGE 2 PLANNING COMMISSION
7
construction of handicapped access, handicapped restrooms and the parking
lot, etc., and move this project forward.
NEW BUSINESS:
None
PUBLIC HEARINGS:
7.1 Development Review No. 2007-15 Minor Variance No. 2007-04 and Tree
Permit No. 2007-03 — In accordance with Development Code
Sections 22.48, 22.52 and 22.38, the applicant requested approval of plans
to demolish an existing dwelling and construct a new two-story 9,190 square
foot single-family residence with an attached 1,412 square foot garage, a
365 square foot cabana and a swimming pool. The subject property is zoned
R-1 (40,000) and contains 44,949 gross square feet of land area.
Project Address: 2600 Broken Feather Road
Diamond Bar, CA 91765
Property Owner: Jason Hou
2610 Palomino
Covina, CA 91724
Applicant: Miles Folsom
Folsom Architecture
3365 E. Miraloma, Suite 207
Anaheim, CA 92806
CDD/Fong presented staff's report and recommended Planning Commission
approval of Development Review No. 2007-15, Minor Variance No. 2007-04
and Tree Permit No. 2007-03, Findings of Fact, and conditions of approval
as listed within the resolution.
CDD/Fong confirmed to Chair/Nelson that the replacement trees would be
"in-kind."
C/Nolan disclosed that she drove by the project site, did not speak with
anyone and learned nothing new outside of staff's report.
Chair/Nelson opened the public hearing.
AUGUST 28, 2007 PAGE 3 PLANNING COMMISSION
With no one present who wished to speak on this item, Chair/Nelson closed
the public hearing.
C/Nolan moved, C/Wei seconded, to approve Development Review
No. 2007-15, Minor Variance No. 2007-04 and Tree Permit No. 2007-03,
Findings of Fact and conditions of approval as listed within the resolution.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Nolan, Wei, Lee, VC/Torng,
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: None
7.2 Development Review No. 2007-08 — In accordance with Development Code
Section 22.48, the applicant requested approval of plans to construct a new
three-story 13,332 square foot single-family residence with an attached
2,993 square foot garage/storage/utility area, a swimming pool and a tennis
court. The subject property is zoned R-1 (40,000) and contains 97,376 gross
square feet (2.24 acres) of land area.
Project Address: 1626 Derringer Lane
Diamond Bar, CA 91765
Property Owner: Wen Shen
2577 Blaze Trail
Diamond Bar, CA 91765
Applicant: Amat K. Tajuding
17871 Mitchell North, Suite 150
Irvine, CA 92614
CDD/Fong announced staff's recommendation that the Planning Commission
continue the public hearing to September 11, 2007.
Chair/Nelson opened the public hearing.
Eugene Lin, 2606 Derringer Lane, asked permission to put his concerns in
writing to the Commission. CDD/Fong invited the speaker to visit City Hall to
view the project plans.
AUGUST 28, 2007 PAGE 4 PLANNING COMMISSION
VC/Torng moved, C/Lee seconded, to continue the public hearing for
Development Review No. 2007-08 to September 11, 2007. Motion carried
by the following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT COMMISSIONERS
VC/Torng, Lee, Nolan, Wei,
Chair/Nelson
None
None
7.3 Development Review No. 2007-27 — In accordance with Development Code
Section 22.48, the applicant requested a series of three retaining walls, each
with a maximum height of seven feet, for the purpose of creating a pad area
for a future second unit and enlarging the driveway turnaround.
Project Address
Property Owner:
2648 Clear Creek Lane
Diamond Bar, CA 91765
Long and Tawny Huot
2648 Clear Creek Lane
Diamond Bar, CA 91765
Applicant: Mike Zolinski
Golden State Grading & Demo, Inc.
28335 Las Cabos
Laguna Niguel, CA 92677
AssocP/Lungu presented staff's report and recommended Planning
Commission approval of Development Review No. 2007-27, Findings of Fact,
and conditions of approval as listed within the resolution.
C/Wei asked for explanation of the difference in the code for a second
dwelling unit and a guesthouse. AssocP/Lungu explained that a second unit
provides a living quarter. Within "The Country Estates" the maximum square
footage is 1200. A guesthouse is intended for temporary use with a
maximum square footage of 900 if the complete lot exceeds 20,000 square
feet. CDD/Fong further explained that a guesthouse does not include
kitchen facilities. AssocP/Lungu acknowledged that a second dwelling unit
could be rented.
AUGUST 28, 2007 PAGE 5 PLANNING COMMISSION
VC/Torng asked if a condition should be added to indicate that the unit is a
single-family dwelling.
AssocP/Lungu responded that because the owner is building retaining walls
on the pad it is not required. However, when the owner requests a second
unit the covenant and agreement will be a part of the second unit review.
C/Nolan disclosed that she visited the project site.
Chair/Nelson opened the public hearing.
Mike Zolinski, Golden State Grading & Demo, Inc., offered to answer
questions.
C/Lee asked if artificial soil was safe for the retaining walls and Mr. Zolinski
responded that it is very safe and that data confirming soil compaction was
confirmed by two separate sources. He explained that in addition there is a
design for a Keyway at the bottom of the slope that ties the new compacted
fill into the slope to negate slide potential.
C/Lee asked why staff would allow a 90 percent compaction and not ask for
a higher percentage. CDD/Fong responded that the City's Engineer
reviewed the project, grading and compaction requirements and approved
the project. Once the grading is completed the Engineer will inspect the
project to certify that the soil is compacted to the recommended standards of
the geotechnical engineer and the soils engineer. Mr. Zolinski explained to
C/Lee that 90 percent is standard throughout the industry. In fact, the top six
inches to 12 inches is usually compacted to 95 percent.
C/Wei said he was troubled that the retaining walls had no footings with only
three feet of the wall below surface. Mr. Zolinski explained that there will be
a footing although it is not a traditional concrete footing and again explained
the Keyway and how the wall would be constructed.
VC/Torng asked if the applicant agreed with the conditions of approval and
Mr. Zolinski confirmed that he did.
Chair/Nelson closed the public hearing
AUGUST 28, 2007 PAGE 6 PLANNING COMMISSION
C/Lee moved, C/Wei seconded to approve Development Review
No. 2007-27, Findings of Fact, and conditions of approval as listed within the
resolution.
AYES: COMMISSIONERS
NOES: COMMISSIONERS:
ABSENT COMMISSIONERS:
Lee, Wei, Nolan, VC/Torng,
Chair/Nelson
None
None
7.4 Conditional Use Permit No. 2007-11 — In accordance with Development
Code Section 22.85, the applicant requested to establish a private school
within a leased space of 1,845 square feet in the C-2 Commercial District.
Project Address: 3207A south Brea Canyon Road
Diamond Bar, CA 91765
Property Owner: Arnon Raphael
12400 Ventura Boulevard, Suite 238
Studio City, CA 91604-2406
Applicant: Diamond Bar Chinese Association
And Chinese School
3207A Brea Canyon Road
Diamond Bar, CA 91765
VC/Torng stated for the record that he is a board member of the Chinese
American Association and although he has no financial interest he said he
would recuse himself from deliberating on this item so thatthere would be no
perception of any conflict of interest or bias with respect to a decision.
CDD/Fong presented staff's report and recommended Planning Commission
approval of Development Review No. 2007-11, Findings of Fact, and
conditions of approval as listed within the resolution.
There were no ex parte disclosures offered.
Chair/Nelson opened the public hearing.
Peter Low offered to respond to questions regarding the application
Chair/Nelson closed the public hearing.
AUGUST 28, 2007 PAGE 7 PLANNING COMMISSION
7
10.
C/Wei moved, C/Nolan seconded to approve Conditional Use Permit
No. 2007-11, Findings of Fact and conditions of approval as listed within the
resolution.
AYES:
COMMISSIONERS
NOES:
COMMISSIONERS
ABSTAIN:
COMMISSIONERS
ABSENT
COMMISSIONERS
Lee, Nolan, Wei, Chair/Nelson
None
VC/Torng,
None
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Lee asked if the Commission could postpone an item if the applicant failed to
appear and ACA/Wohlenberg responded that the Commission had the discretion to
postpone a decision with due notice to the applicant in order for his constitutional
rights to be observed. The City is required to provide adequate notice of the
hearing that provides the applicant an opportunity to be heard. If the applicant
chooses not to exercise that opportunity there is a risk that the Commission may
have questions that could affect the vote on that particular item. C/Lee asked that
staff provide notice to the applicant that if he does not appear during the public
hearing that his project may be continued.
Chair/Nelson agreed with CDD/Fong that if a Commissioner had questions
regarding a project application and the applicant was not present it would be the
prerogative of the Commission to vote or move for a continuance.
STAFF COMMENTS/INFORMATIONAL ITEMS.
10.1 Public Hearing dates for future projects.
CDD/Fong stated that grading for Chili's at the corner of Golden Springs and
Grand Avenue should commence within a couple of weeks. Panda Express
is in plan check. Staff hopes to issue Panda Express a building permitwithin
a month or so. If construction commences by September Chili's could be
open by February -March 2008.
CDD/Fong introduced Greg Gubman, Planning Manager.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
AUGUST 28, 2007 PAGE 8 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nelson adjourned the regular meeting at 7:54 p.m.
Attest:
Respectfully Submitted,
Nancy Fong
Steve Nelson, Chairman
m)nity Development Director