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Home My WebLink About6/10/2008MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 10, 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 Nolan led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee; Kathleen Nolan; Jack Shah; Chairman Steve Nelson. Absent: Vice Chairman Tony Torng was excused. Also present: 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 the Housing Element Workshop of May 27, 2008. 4.2 Minutes of Regular Meeting of May 27, 2008. C/Lee moved, C/Nolan seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Shah, Chair/Nelson ABSENT: COMMISSIONERS: VC/Torng 5. OLD BUSINESS: None 6. NEW BUSINESS: None JUNE 10, 2008 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARING: 7.1 Development Review No. 2007-12 and Minor Variance No. 2007-02 — Under the authority of Development Code Section 22.48 and 22.52, this was a request to construct a 6,753 square foot, three-story single-family residence with an attached 968 square foot garage. The Minor Variance request was to reduce the required front yard setback from 30 feet to 24 feet. The subject property is zoned RR (40,000) and contains 50,965 gross square feet (1.17 acres) of land area. PROJECT ADDRESS: 2690 Indian Creek Road Diamond Bar, CA 91765 PROPERTY OWNER: Slobodan and Branka Batricevich 2656 Indian Creek Road Diamond Bar, CA 91765 APPLICANT: Simon Shum, AIA S&W Development, Inc. 20272 Carrey Road Walnut, CA 91789 PC/Meyer presented staff's report and recommended Planning Commission approval of Development Review No. 2007-12 and Minor Variance No. 2007-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. PC/Meyer reiterated to C/Lee that the building envelope follows the finish grade. He again pointed out the area using the three-dimensional plan and further indicated that it complies with the City's standard 35 feet measurement from finished grade. C/Nolan asked if a reduction of the building footprint was considered in place of reducing the front yard setback and PC/Meyer stated that the house is comparatively smaller than surrounding dwellings and the code provides for the minor deviation due to the steepness of the slope which would require additional retaining walls and would impact protected onsite trees. Staff felt that overall, the excellent design offered less negative impact to the lot. JUNE 10, 2008 PAGE 3 PLANNING COMMISSION Chair/Nelson commented that the three dimensional photos were most helpful and were very well done. He suggested staff retain copies to show as examples to other applicants. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Simon Shum thanked Chair/Nelson for his kind words and staff for an excellent explanation of a difficult project. With no one else present who wished to speak on this item, Chair/Nelson closed the public hearing. C/Lee moved, C/Nolan seconded, to approve Development Review No. 2007-12 and Minor Variance No. 2007-02, 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, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Torng 7.2 Development Review No. 2008-05 AND Minor Conditional Use Permit No. 2008-07 — Under the authority of Development Code Sections 22.48 and 22.56, this was a request to remodel and repair fire damage and add 2,270 square feet of living area to an existing single-family residence; and, to construct a detached 475 square foot gazebo over an existing single -story accessory structure. The subject property is nonconforming in that the existing front yard setback is less than 30 feet. The applicant requested approval of a Minor Conditional Use Permit to expand the size of the non- conforming structure. The subject property is zoned RR (40,000) and contains 65,340 gross square feet (1.5 acres) of land area. PROJECT ADDRESS PROPERTY OWNER 22835 Ridge Line Road Diamond Bar, CA 91765 Dr. George Madanat 22835 Ridge Line Road Diamond Bar, CA 91765 JUNE 10, 2008 PAGE 4 PLANNING COMMISSION APPLICANT: Agop Khanjian 272 N. Michigan Avenue Pasadena, CA 91106 PC/Meyer presented staff's report and recommended Planning Commission approval of Development Review No. 2008-05 and Minor Conditional use Permit No. 2008-07, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Nelson opened the public hearing. With no one present who wished to speak on this item, Chair/Nelson closed the public hearing. C/Nolan moved, C/Lee seconded, to approve Development Review No. 2008-07, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, Shah, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Torng 7.3 Development Review No 2008-09 and Tree Permit No. 2008-02 — Under the authority of Development Code Sections 22.48 and 22.38, this was a request to construct a new 4,754 square foot, two-story single family residence with an attached 770 square foot garage. The subject property is a 54,014 square foot (1.24 acres) parcel within the RR (40,000) zoning district, with an underlying GP Land Use Designation of Rural Residential. Tree Permit No. 2008-02 was requested to protect and preserve an existing Coast Live Oak tree within the project area. PROJECT ADDRESS: PROPERTY OWNER: 22738 Clear Creek Diamond bar, CA 91765 Ashley Tran 8940 Deira Lane Anaheim, CA 92804 JUNE 10, 2008 PAGE 5 PLANNING COMMISSION APPLICANT: Paul Kaitz PK Development 2739 Steeplechase Lane Diamond Bar, CA 91765 PT/Alvarez presented staff's report and recommended Planning Commission approval of Development Review No. 2008-09 and Tree Permit No. 2008-02, Findings of Fact, and subject to conditions of approval as listed within the resolution. C/Nolan asked if it was commonplace to bring a project before the Commission before the laundry list was corrected. PM/Gubman said it was at the pleasure of the Commission to ask that the project be brought back with revisions. The project was approved in 2002 without revisions. Staff is looking at the project from a 2008 perspective and has identified certain design issues that are relatively minor in issue and can be addressed during plan check. Staff asks that the Commission defer these items to staff to assist the designer to address the comments. Chair/Nelson said he was concerned about these types of projects because it resides immediately adjacent to a large natural open space area and the landscape plan does not speak to the use of non-invasive plants. He would be comfortable leaving it to staff with staffs assurance that no invasive plants would be allowed. He agreed with C/Nolan that it would be helpful for the Commission to be given copies of the landscape plans. PM/Gubman assured the Commission that resources were available to staff to ensure use of proper materials. There were no ex parte disclosures. Chair/Nelson opened the public hearing. With no one present who wished to speak on this item, Chair/Nelson closed the public hearing. C/Lee moved, C/Shah seconded, to approve Development Review No. 2008-09 and Tree Permit 2008-02, Findings of Fact, and conditions of approval as listed within the resolution. JUNE 10, 2008 PAGE 6 PLANNING COMMISSION AYES: COMMISSIONERS: Lee, Nolan, Shah, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Torng 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None Offered. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. PM/Gubman reported that at its June 3 meeting, the City Council adopted the 2008/2009 Fiscal Year Budget that included certain reclassifications. Beginning in July, PT/Alvarez will ascend to Assistant Planner. 10. 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 7:35 p.m. Attest: Respectfully Submitted, Greg Gubman, Planning Manager Steve Nelson, Chairman