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HomeMy WebLinkAbout3/25/2008MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 25, 2008 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 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Vice Chairman Tony Torng and Chairman Steve Nelson. Absent: Commissioner Jack Shah Also present: Greg Gubman, Planning Manager; Ann Lungu, Associate Planner; David Alvarez, Planning Technician; Anthony Santos, Management Analyst; 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 March 11, 2008. VC/Torng moved, C/Nolan seconded to approve the March 11, 2008, Minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS 5. OLD BUSINESS: None 6. NEW BUSINESS: None VC/Torng, Nolan, Lee, Chair/Nelson None Shah MARCH 25, 2008 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARINGS: 7.1 Development Review 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 for a 4,026 square foot livable addition to an existing 4,035 square foot single family residence on an existing 85,985 square foot lot, R1-40,000 zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential (RR) and Minor Conditional Use Permit for the continuation of a nonconforming front yard setback. (Continued from February 12, 2008) PROJECT ADDRESS PROPERTY OWNER APPLICANT: 22909 Lazy Trail Road Diamond Bar, CA 91765 Ankur Shah 22909 Lazy Trail Road Diamond Bar, CA 91765 Dale Thompson B & D Construction 1472 Avenida Loma Vista San Dimas, CA 91773 PM/Gubman presented staff's report and recommended that the Planning Commission continue the matter to a date uncertain. C/Nolan moved, C/Lee seconded, to continue Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08 to a future meeting date to be determined. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Shah 8. PUBLIC HEARINGS: 8.1 Development Review No. 2008-41 and Minor Conditional Use Permit No. 2008-19 — Under the authority of Development Code Sections 22.48, 22.56 and 22.68, the applicant requested approval for a one-story addition of approximately 905 square feet to an existing one-story residence of MARCH 25, 2008 PAGE 3 PLANNING COMMISSION approximately 1300 square feet with a two -car garage. The Minor Conditional Use Permit is required to maintain the existing nonconforming side yard setbacks. PROJECT ADDRESS: 2830 Castle Rock Road (Tract 25985, Lot 41; APN: 8285-016-003) PROPERTY OWNER/ Richard Kwon APPLICANT: 2830 Castle Rock Road Diamond Bar, CA 91765 AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2008-41, Minor Conditional Use Permit No. 2008-19, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. AssocP/Lungu called attention to an email staff received at 5:28 p.m. today from Jean DeVito, 21240 Silver Cloud Drive, who asked to go on record in opposition to the proposed addition because she believed it would damage the integrity of the tract and set a precedent forfuture second story additions. AssocP/Lungu responded to VC/Torng that the project was a one-story home with a proposed one-story, i.e. around floor addition, therefore, will remain a single story home. The addition amounts to approximately 905 square feet and is consistent with the neighborhood. Also, the addition will not exceed the current height of the existing home. VC/Torng said he drove by the project site and said the posted notice was not clearly visible with respect to the public hearing process. Chair/Nelson opened the public hearing. Mr. Kwon said that the addition was approximately 600 square feet and that 300 square feet of the total involved the conversion of the current garage to livable area. Chair/Nelson closed the public hearing. PM/Gubman responded to C/Nolan that the front setback would be reduced but was still in conformance with the City's front yard setback requirements. MARCH 25, 2008 PAGE 4 PLANNING COMMISSION C/Lee moved, C/Nolan seconded to approve Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08, based on Findings of Fact, and subject to conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: Chair/Nelson said that with the proposed addition, the total square footage would be one of the largest within the tract but could hardly be called 11mansionization." It is very important to this Commission and the City for it to retain its families and encourage them to upgrade their properties as long as the property remains within the City's codes and do not render any undue hardships on neighboring properties. AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT COMMISSIONERS Lee, Nolan, VC/Torng, Chair/Nelson None Shah 8.2 Conditional Use Permit No. 2008-03 — Under the authority of Development Code Section 22.08.030, the YMCA requested a Conditional Use Permit to continue using Diamond Bar Hills Club as a recreational facility. PROJECT ADDRESS: 1673 Maple Hill Road (Tract 23840, Lot 148; APN 8293-018-008) Diamond Bar, CA 91765 PROPERTY OWNER: Diamond Bar Hills Club 1673 Maple Hill Road Diamond Bar, CA 91765 APPLICANT: YMCA of Pomona Valley 350 N. Garey Pomona, CA 91767 PT/Alvarez presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2008-03, based on Findings of Fact, and conditions of approval as listed within the resolution. VC/Torng said he drove by the site. Chair/Nelson opened the public hearing. MARCH 25, 2008 PAGE 5 PLANNING COMMISSION Teresa Barerra, Board of Directors Member, Diamond Bar Hills Club; Raj Luhar, President, Board of Directors, Diamond Bar Hills Club, clarified that the club does not belong to the HOA. Ms. Barerra said that unlike other swim clubs, this club was established as a non-profit organization in the 1970's and is totally supported by membership dues. With declining membership, the Hills Club finds itself on the verge of bankruptcy. As such, the board is unable to continue to operate the club, a club that has strived to maintain this valuable community asset. The club contacted both the City of Diamond Bar and the Walnut Valley Unified School District intending to donate the facility and dissolve the club. Neither entity was interested in acquiring the club so the board approached the YMCA, requesting that they keep it as a swim club and continue the community asset. Mr. Luhar said that all options have been exhausted and the club is without funds. The board has continued with its mission to maintain the character of the neighborhood and what the club provides. The YMCA has presented the best alternative to offering a charitable donation and allowing the facility to continue operating. Victor Valenzon wanted to know if the YMCA was open to membership for all residents of neighboring cities such as Walnut, Chino Hills and Pomona. Gabriel Torres, 1662 Maple Hill Road, said he lived next door to the swim club and wanted to know what zone the club is in. He said he would be in favor of the YMCA having the club if they kept the club "as is" to benefit the neighborhood. However, if the YMCA wanted to improve the facility and make it better he would want to know what that would entail because he lives next door to the club. Jay Horton, 1602 Maple Hill Road, said he and his wife Carol have been members of and supported the club since 1981. He said he was present to support the project because he felt it offered tremendous benefit to the neighborhood. The cost is economical and the club is convenient. He hoped the Commission would support the YMCA to continue this facility. Richard Coon, 1714 Aspen Grove, behind the Hills Club asked if the YMCA intended to continue renting out the facility for parties; if it is rented where will people park because parking up the hill is dangerous; how can the YMCA pay for the facility without raising the fee — Maple Hill is already very congested and, does the YMCA plan to have swim lessons at 6:00 a.m. and use a bullhorn. He believes the facility is good for the neighborhood but MARCH 25, 2008 PAGE 6 PLANNING COMMISSION because so many people now have swimming pools there will be less participation. Jane Taylor, CEO, Pomona Valley YMCA, with services extending to the Diamond Bar/Walnut and Pomona areas and Chdstopher Olberg, Chairman, YMCA Board of Directors were present. Ms. Taylor responded to previous speakers that the YMCA cannot restrict its membership. There is a YMCA with a pool in Chino Hills and a YMCA in Covina and West Covina so it is expected that residents of those cities would visit their community facilities. The YMCA plans to continue the same type of swimming lessons and keep the same practice times as well as continue the fitness classes. The YMCA plans to continue with the same type of use. The main building will no longer be rented for parties. There may be birthday parties for kids using the pool, but the Sunset Crossing location will continue to rent their facility for parties. Ms. Taylor said she did not foresee parking problems beyond what had been experienced in the past. With respect to the economic aspects, the YMCA carries a $2 million General Liability policy and it will cost the YMCA only $200 per month to add the Hills Club facility whereas the Hills Club was paying almost $1000 per month for its liability. There are many other expenses incurred by the Hills Club that would be absorbed by the association with little of any added burden to the current bookkeeping department, etc. Ms. Taylor said that the YMCA would continue with the swim team practice and that there would be no 6:00 a.m. bullhorns. If there are Saturday morning swimming lessons there would be five or six kids with two instructors and there would be no need for bullhorn use. Ms. Barerra explained that the club had members from surrounding cities. C/Nolan asked if current members wanted to remain members could they do so and Ms. Barerra stated that they surely would for a couple of reasons. The clubhouse will be converted to a fitness center to provide additional services to members. Also, whereas the club offered only annual memberships, the YMCA offers monthly, quarterly and other membership structures which could make it less expensive for individuals to join the YMCA. Mr. Olberg said he planned to put in some treadmill bicycle steppers, and offer cardiovascular training as well as yoga and pilates. The emphasis will be for seniors to use the facility during the day. The YMCA wants a safe place for kids and families. Chair/Nelson closed the public hearing. MARCH 25, 2008 PAGE 7 PLANNING COMMISSION 9. 10 C/Nolan said she was pleased about what appeared to be a fairly smooth transition and pleased that activities would not be taken away from the Sunset Crossing location. C/Nolan moved, VC/Torng seconded, to approve Conditional Use Permit No. 2008-03, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lee said he favored the proposal. Chair/Nelson said he had been a Diamond Bar resident since 1977, that both of his daughters learned to swim at the Hills Club, one of his daughters was an instructor and lifeguard at the Hills Club, and during the summers his family would meet others there for barbecues after work. It really is everything that the supporters have stated and he is very happy to learn that the YMCA's involvement will sustain the economic viability of the facility into the future. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Shah PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007 — 03 — Minor changes to Panda Express Building within the Target Center — Received and Filed. PM/Gubman reported that Panda Express will not be occupying one of the three -units in the building adjacent to the Target Center. Instead, the space will be occupied by a Korean bank branch. The exterior of the building will be minimally altered and he assured the Commission through renderings that the changes would not affect the character of the building as approved by the Planning Commission. PM/Gubman responded to VC/Torng that the Commission approved a change to the drive-through land from 12 feet to 11 feet in 2007. The MARCH 25, 2008 PAGE 8 PLANNING COMMISSION rendering shows the design before the amendment was approved by the Commission. Another version shows the reconfiguration approved by the Commission in 2007. 10.2 Public Hearing dates for future projects. 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 7:56 p.m. Attest: Respectfully Submitted, Greg Gubman, Planning Manager ve Nelson Chair an