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HomeMy WebLinkAbout2/12/2008MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 12, 2008 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah, Vice Chairman Tony Torng and Chairman Steve Nelson. Also present: Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; David Alvarez, Planning Technician; David Meyer, Planning Consultant; and Stella Marquez, Senior Administrative 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 January 8, 2008. VC/Torng moved, C/Lee seconded to approve the January 8, 2008, Minutes 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 7. CONTINUED PUBLIC HEARINGS: VC/Torng, Lee, Nolan, Shah None Chair/Nelson None 7.1 Conditional Use Permit No. 2007-13 and Minor Conditional Use Permit No. 2007-08 — Under the authority of Development Code Sections 22.48 and 22.56, the applicant requested approval to construct a 4,026 livable square -foot addition to an existing 4,035 square -foot single family residence. FEBRUARY 12, 2008 PAGE 2 0 PLANNING COMMISSION The subject property consists of 85,983 gross square feet of land area and is zoned R-1 40,000 (Rural Residential, or RR) with an underlying General Plan land use designation of Rural Residential (RR). The Minor Conditional Use Permit is for the continuation of a nonconforming front yard setback. (Continued from January 8, 2008) PROJECT ADDRESS PROPERTY OWNER 22909 Lazy Trail Diamond Bar, CA 91765 Ankur Shah 22909 Lazy Trail City of Diamond Bar APPLICANT: Dale Thompson B&D Construction 1472 Avenida Loma Vista San Dimas, CA 91773 PM/Gubman presented staff's report and requested that the Planning Commission continue this matter to the March 25, 2008. C/Lee moved, C/Shah seconded, to continue Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08 to March 25, 2008. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Shah, Nolan, VC/Torng Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None PUBLIC HEARINGS: 8.1 Development Review No. 2007-32 — Under the authority of Development Code Section 22.48, the applicant requested approval to construct a new three-story 6,706 square foot single-family residence with an attached 853 square foot 4 -car garage and swimming pool. The subject property consists of 56,192 gross square feet of land area and is zoned R-1 40,000 (Rural Residential, or RR) with an underlying General Plan land use designation of Rural Residential (RR). PROJECT ADDRESS: 1741 Derringer Lane Diamond Bar, CA 91765 FEBRUARY 12, 2008 PAGE 3 PROPERTY OWNER PLANNING COMMISSION Jesse Omelos 3385 Clover Place Ontario, CA 91761 APPLICANT: Pinnacle Building Structure 2552 Wagon Train Lane Diamond Bar, CA 91765 PC/Meyer presented staff's report and requested Planning Commission approval of Development Review No. 2007-32, based on the Findings of Fact, and conditions of approval as listed within the resolution. PC/Meyer responded to C/Shah that there would be cut and fill in a portion of the front yard area. The applicant is importing a little more than 2500 cubic yards. Chair/Nelson asked for clarification regarding best management practices being used downstream and wondered why those practices would not be moved further upstream closer to where the grading was taking place. PC/Meyer explained how erosion control regulations would apply to this project. This is not the only line of defense, just the first in a series. Chair/Nelson opened the public hearing. There was no one present who wished to speak on this item. Chair/Nelson closed the public hearing. C/Nolan moved, VC/Torng seconded, to approve Development Review No. 2007-32, based on the Findings of Fact and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, VC/Torng, Lee, Nolan, Shah Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8.2 Development Review No. 2007-34 — Under the authority of Development Code Section 22.48, the applicant requested approval to construct a new three-story 6,844 square foot single-family residence with an attached 958 square foot 4 -car garage and swimming pool. The subject property consists of 50,094 gross square feet and is zoned R-1 40,000 (Rural Residential, RR) with an underlying General Lane Use designation of Rural Residential (RR). FEBRUARY 12, 2008 PAGE 4 PROJECT ADDRESS: PROPERTY OWNER: PLANNING COMMISSION 2651 Braided Mane Drive Diamond Bar, CA 91765 Victor Castillo 3903 Abbeywood Avenue Whittier, CA 90601 APPLICANT: Pinnacle Building Structure 1840 W. Whittier Boulevard #206 La Habra, CA 90631 PC/Meyer presented staff's report and recommended Planning Commission approval of Development Review No. 2007-34, based on the Findings of Fact, and conditions of approval as listed within the resolution. C/Shah said there was a large cut close to the property line to the south and asked if there was a sudden drop in elevation between the subject and adjoining property. PC/Meyer pointed out on the overhead that there was a significant drop in elevation to the adjoining property and cutting of the site is to meet the grade of the adjacent property. In addition, there are no retaining walls proposed at the property line. There is a drainage ravine located at the bottom of the property and the applicant must comply with the SUSMP requirements to retain the surface flow onsite. And, the same best management practices apply. C/Lee asked who would decide on the building envelope because the house appears to be higher than 35 feet on the southerly elevation. PC/Meyer explained that the building envelope is measured from the finish grade from the exterior walls. PM/Gubman said that in the future staff would be working with developers to have them create 3-D graphics so that staff can better illustrate how a building fits within its envelope. Staff is satisfied that the building is within the building envelope but is having a difficult time demonstrating that fact with 2D graphics. C/Lee again stated that it appeared to him the building was higher than 35 feet when viewed from the south side. PC/Meyer reiterated that the building height is measured from the exterior of the building on both sides as 35 feet. The hillside regulations encourage the developer to excavate, which means that a certain portion of the building will be excavated into the natural slope. The building will not exceed 35 feet. FEBRUARY 12, 2008 PAGE 5 PLANNING COMMISSION C/Lee asked from where to where does staff consider a building height. CDD/Fong explained that the ordinance states that the measurement is taken from the finished grade on the outside. PC/Meyer was correct when he said the building was measured from the outside. The difficulty in explaining why the tip of the roof extends above 35 feet you would likely find that the finished grade inside of the building is higher. From the interior measuring up from finished grade the building would meet the 35 -foot height limit. A two dimensional drawing appears to be out of alignment whereas a 3-D drawing would show the true dimensions and height. Staff is very serious about requiring new construction to meet the City's standards. PC/Meyer assured C/Lee that from the outside, the finished grade on both sides complies with the City's standards. When the project is completed and the measurement is taken from the finished grade to the top ridge beam of the building it will comply with the standards. PC/Meyer apologized for not having the 3-D graphic that would better show the Commission the true building height. PC/Meyer responded to C/Shah that the measurements are taken from the outside of the building and not from the inside of the building. Chair/Nelson opened the public hearing. Manual Gomez, representing the developer, said there was no grading at the property line except to direct water away from the property line onto the property. The developer is creating a natural swale. Chair/Nelson closed the public hearing. C/Lee moved, C/Nolan seconded to approve Development Review No. 2007-34, based on the Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 8.3 Conditional Use Permit No. 2005-06(1) and Development Review No. 2005-33(1) — Under the authority of Development Code Sections 22.08, 22.58, 22.48 and 22.66, the applicant requested approval to modify the approved architectural elevations related to a remodel and addition of approximately 2700 square feet to an existing church. The Conditional Use Permit was to modify the original Conditional Use Permit approved by Los FEBRUARY 12, 2008 PAGE 6 PLANNING COMMISSION Angeles County prior to the City's incorporation and was required for a church in a residential zone. The Development Review is a design review for the addition. The project was originally approved by the Planning Commission on May 9, 2006. PROJECT ADDRESS: PROPERTY OWNER: Northminster Presbyterian Church of Diamond Bar 400 Rancheria Road Diamond Bar, CA 91765 Northminster Presbyterian Church Of Diamond Bar 400 Rancheria Road Diamond Bar, CA 91765 APPLICANT: Larry Wolff, WLC Architects 10407 Foothill Boulevard Rancho Cucamonga, CA 91730 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2005-06(1) and Development Review No. 2005-33(1), based on the Findings of Fact, and the conditions of approval as listed within the resolution. Chair/Nelson opened the public hearing. Larry Wolff, architect thanked everyone for their consideration in this matter. Due to soaring budget issues the project has been redesigned to help the church meet its budgetary obligations. He stated he read staff's report and concurred with the conditions of approval. Chair/Nelson asked Mr. Wolff how the bathroom was overlooked during the first approval process. Mr. Wolff said the bathroom was actually in a different building location. However, the renovation of that particular building was more difficult and less accessible so it was decided to move the bathroom facility into the new construction. Chair/Nelson closed the public hearing. C/Shah moved, C/Nolan seconded, to approve Conditional Use Permit No. 2005-06(1) and Development Review No. 2005-33(1), based on the Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: FEBRUARY 12, 2008 PAGE 7 PLANNING COMMISSION AYES: COMMISSIONERS: Shah, Nolan, Lee, VC/Torng Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 8.4 Conditional Use Permit No. 2007-16 and Development Review No. 2007-37 — Under the authority of Development Code Sections 22.42, 22.48, 22.54 and 22.58, the applicant requested approval to co -locate a wireless telecommunications facility at Pantera Park. The subject property consists of 889,931 square feet (20.43 acres), and is zoned RPD -20,000 (Low Density Residential, or RL) with an underlying General Plan land use designation of Park. PROJECT ADDRESS: 738 Pantera Drive Diamond Bar, CA 91765 PROPERTY OWNER: City of Diamond Bar APPLICANT: Omnipoint Communications 3257 Guasti Road, Suite 200 Ontario, CA 91761 PT/Alvarez presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2007-16 and Development Review No. 2007-37 based on the Findings of Fact, and conditions of approval as listed within the resolution. Chair/Nelson opened the public hearing. Lucy Ortega representing T -Mobile asked for Commission approval. VC/Torng asked if T -Mobile had a propagation map. Ms. Ortega responded that she did and using an overhead map showed the coverage area information to the Commission. VC/Torng moved, C/Lee seconded, to approve Conditional Use Permit No. 2007-16, Development Review No. 2007-37 and Variance No. 2007-08, based on the 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 VC/Torng, Lee, Nolan, Shah Chair/Nelson None None FEBRUARY 12, 2008 PAGE 8 PLANNING COMMISSION 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee wished everyone a Happy New Year. VC/Torng commented that when reviewing projects the Commission struggles with the amount of dirt that is being imported. CDD/Fong said that all remaining lots within "The Country Estates" have steep slopes and minimal building pads so it depends on the design of the home, the size of the home and the need to import more dirt or push the building closer to the setback. Ultimately, the Hillside Ordinance is the criteria that must be met and accordingly, each lot and design is different. VC/Torng said he would rather be able to apply the standards more uniformly. He feels that some of the designers are trying to trick the Commission in order to make the homes bigger to fit within the building pad area. C/Nolan suggested re-establishment of a short workshop prior to the regular meeting to review unusual projects such as the building projects discussed this evening. Chair/Nelson said that each cell site appears to need to build separate buildings on park sites. CDD/Fong said that each site requires its own building. One large building could house equipment fortwo sites but it would be about the same size as two buildings because of the square footage required to house equipment. Chair/Nelson said he would like for staff to provide visual simulations for the Commission to review. CDD/Fong noted Chair/Nelson's request. 10. STAFF COMMENTS/INFORMATIONAL ITEMS. 10.1 Public Hearing dates for future proiects. CDD//Fong stated that at its next meeting the City Council would appoint or reappoint Commissioners and that typically, the first or second meeting in March is the reorganization meeting for the Planning Commission. CDD/Fong commented that the Brookfield Homes development has sold out and the project will be completed in about a month. Chili's is under construction with the opening slated for April or May. Panda Express should receive its building permit soon and begin construction. South Point West project has been approved and the project has been sold to Lewis Operating Co. Due to the current condition of the real estate market, Lewis is not in a hurry to build homes but is proceeding to record the final map. FEBRUARY 12, 2008 PAGE 9 PLANNING COMMISSION CDD/Fong pointed out that two more projects in "The Country Estates" are in the works. CDD/Fong stated that last year the Commission approved three gas station renovations. The Pathfinder Road gas station project is proceeding, but the others are on hold. CDD/Fong reported that with respect to the proposed AERA project the technical studies are not yet complete and staff is studying several base maps in order to learn more about the biological and geotechnical constraints. There is a lot more work for staff to understand the project before sharing it with the Planning Commission. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 8:14 p.m. Attest: Respectful ly_Submitted, elson, Chairman lopment Director