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Home My WebLink About9/23/2008MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 23, 2008 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Torng 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: Greg Gubman, Planning Manager; Planning Consultant, David Meyer; 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 September 9, 2008. C/Nolan moved, C/Shah seconded to approve Consent Calendar Item 4.1 as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN ABSENT: 5. OLD BUSINESS 6. NEW BUSINESS: 7. PUBLIC HEARING: COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS None None Nolan, Shah, Lee, Chair/Nelson None VC/Torng None 7.1 Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11 — Under the authority of Chapters 22.48 and 22.56 of the City of Diamond Bar Development Code, the applicant requested approval of plans SEPTEMBER 23, 2008 PAGE 2 PLANNING COMMISSION to construct a 1,112 square foot 4 -car garage and to add an additional 823 square feet of living area to an existing single -story single-family residence. The existing dwelling unit is nonconforming with respect to compliance with the current minimum required setbacks. The subject property is zoned RR (40,000) and it contains 51,836 gross square feet of land area (1.19 acres). PROJECT ADDRESS: PROPERTY OWNER 2366 Clear Creek Lane Diamond Bar, CA 91765 Dr. and Mrs. Lawrence Ogbechie 2366 Clear Creek Lane Diamond Bar, CA 91765 APPLICANT: Pete Volbeda, AIA 615 N. Benson Avenue, Unit "C" Upland, CA 91786 PC/Meyer presented staff's report and verbalized the inclusion of a condition not noted in the draft resolution that prohibits the use of invasive plant materials in the project landscape plan as identified by the California Invasive Plant Council. PC/Meyer recommended Planning Commission approval of Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11, based on the Findings of Fact, subject to the conditions of approval as listed within the resolution including the additional condition articulated. C/Shah asked for clarification about the number of garage spaces indicated on the drawing and PC/Meyer responded that it was intended to be a five -car garage and the indication of a four -car garage in the staff report was in error. C/Lee asked why the columns on the garage were so small. PC/Meyer explained that it was what the architect designed it for. Apparently, the architect felt this design would accommodate the needs of the property owners. The Building Official will check the plans for safety and the architect can speak to that issue. Chair/Nelson thanked PC/Meyer for including the non-invasive landscaping requirement in the conditions of approval. Staff's report indicates that the Pepper is a protected tree and he thought the Pepper had been excluded from the list of protected trees. PC/Meyer said the Code lists the Pepper as SEPTEMBER 23, 2008 PAGE 3 PLANNING COMMISSION a protected tree. PC/Gubman reiterated that it is still in the Code. Chair/Nelson stated that the Pepper tree does not belong on the protected tree list. Chair/Nelson asked how visible the grading "fan" would be to neighbors. PC/Meyer responded that it would be visible only to wildlife in the undeveloped area. Retaining walls are required to have some architectural treatment and that they are screened with landscaping to obscure the mass of the walls. There were no ex parte disclosures. Chair/Nelson opened the Public Hearing. Pete Volbeda, Project Architect, said that one of the reasons for the remodel was to improve the aesthetics of the home. Currently, there is a garage facing the street so the existing garage will be converted to bedrooms with more appropriate windows and turning the new garage to face an uphill area so that it will not be visible to adjacent neighbors and to the street. There is a five car garage and he has the option of using tube steel or 12 -inch wide steel Hardy frame to fit in the remaining one foot -eight inch wide walls. There will be onsite fill to create a larger rear yard area. The hill will be rebuilt to prevent further cracks in the pool. Mr. Volbeda responded to C/Lee that usually a single car garage width can be nine or 10 feet. In this case it will be 12 feet to provide additional maneuvering room. C/Lee said he was not comfortable with the design. Mr. Volbeda stated that the Hardy frames are good for about 2000 pounds of horizontal load. They are using four Hardy frames that provides 8000 allowable pounds on 12 -inch Hardy frames. C/Lee said he was concerned about the width of the column because it seemed too small to him. He suggested that the single car garage be swung around and shrink the size a little and spin the outside column a bit to allow for easier access. Mr. Volbeda said he would not mind making that change to get a little more width in the columns. Chair/Nelson closed the Public Hearing. C/Lee moved, C/Nolan seconded, to approve Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution with the addition of a condition to redesign the elevation for the SEPTEMBER 23, 2008 PAGE 4 PLANNING COMMISSION garage to widen out the panels between the garage doors, and a condition to avoid invasive plant materials. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2008-04 and Minor Conditional Use Permit No. 2008-10 — Under the authority of Chapters 22.48 and 22.56 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct a 1,172 square foot two-story addition to an existing single-family residence. The existing dwelling unit is nonconforming with respect to compliance with the current minimum required setbacks. The subject property is zoned RR (40,000) and contains 59,677 square feet of land area (1.37 acres). PROJECT ADDRESS: 22727 Ridge Line Road Diamond Bar, CA 91765 PROPERTY OWNER: Mr. & Mrs. Shah 22727 Ridge Line Road Diamond Bar, CA 91765 APPLICANT: Pete Volbeda, AIA 615 N. Benson Avenue, Unit C Upland, CA 91786 PC/Meyer presented staff's report and recommended Planning Commission approval of Development Review No. 2008-04 and Minor Conditional Use Permit No. 2008-10, based on 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. Pete Volbeda, Project Architect, explained the project and reason for the 20 -foot setback request for the addition. SEPTEMBER 23, 2008 PAGE 5 Chair/Nelson closed the Public Hearing. PLANNING COMMISSION C/Nolan moved, VC/Torng seconded, to approve Development Review No. 2008-04 and Minor Conditional Use Permit No. 2008-10, based on Findings of Fact, and subject to the conditions of approval as listed within the resolution with the addition of a condition to use non-invasive plants. AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Review No. 2008-08, Minor Variance No. 2008-01 and Tree Permit No. 2008-01 — Under the authority of Chapters 22.38, 22.48 and 22.52 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct a new 10,414 square foot three- story single family residence with an attached three -car 1,888 square foot garage. The proposed project will reduce the required front yard setback from 30 feet to 24 feet. The proposed project will require the removal of 29 trees of which three (3) trees are considered as "protected." The subject property is zoned RR (40,000) and contains 53,040 square feet of land area (1.33 acres). PROJECT ADDRESS PROPERTY OWNER: APPLICANT: 23540 Mirage Lane Diamond Bar, CA 91765 Mr. and Mrs. Tengly Tan 3080 East 29"' Street Los Angeles, CA 90806 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. 2008-08, Minor Variance No. 2008-01 and Tree Permit No. 2008-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. SEPTEMBER 23, 2008 PAGE 6 PLANNING COMMISSION PC/Meyer showed C/Nolan the location of the proposed side yard setback on the plan. Chair/Nelson asked if the property to the west of the project site was vacant and PC/Meyer responded that he believed the property was surrounded by development. There were no ex parte disclosures. Chair/Nelson opened the Public Hearing. Simon Shum, AIA, Project Architect, thanked PC/Meyer for his assistance with the project and explained the design concept for what he felt was an excellent project. Chair/Nelson asked Mr. Shum where he expected to relocate the protected Walnut trees. Mr. Shum pointed out the location on the plan drawing. Chair/Nelson stated that the Black Walnut trees are a native species and grows naturally throughout Southern California with high concentration in the Chino Hills/Diamond Bar area. There are a number of tree species that are under the protected tree ordinance size. Chair/Nelson felt it would be beneficial to the project, although it would not be a condition, if Mr. Shum would discuss with the owners about placing additional trees to help compensate for those trees that would someday be of ordinance size that we are eliminating now with a small grove of trees. He said he would certainly like to replace the Pepper trees with Black Walnuts but anything additional would be a significant gesture and major step toward retaining the natural resources of the City. C/Shah complimented Mr. Shum on a fine project. Chair/Nelson closed the Public Hearing. S/Shah moved, C/Nolan seconded, to approve Development Review No. 2008-08, Minor Variance No. 2008-01 and Tree Permit No. 2008-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution with the addition of a condition to provide for installation/replacement of only non-invasive species within the landscape palate. Motion carried by the following Roll Call vote: SEPTEMBER 23, 2008 PAGE 7 A 9. AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS PLANNING COMMISSION Lee, Nolan, Shah, VC/Torng, Chair/Nelson None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah, C/Lee, C/Nolan and Chair/Nelson welcomed VC/Torng back to the Commission. VC/Torng said he thanked God for his making it through his operation. He thanked City Council, staff and his colleagues for the prayers, cards, emails and flowers. It has been a difficult journey and appreciated everyone's support because it helped him at a very difficult time. Chair/Nelson asked if staff could provide a staff report about the status of removing the California Pepper tree from the list of protected trees. PM/Gubman said it could be done as a housekeeping item when staff presents a list of items for correction to the Commission. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. PM/Gubman welcomed VC/Torng back to the dais and said that in her absence, CDD/Fong extended her well wishes to VC/Torng. The NFL Stadium Supplemental Environmental Impact Report review time period is open. The City has posted the entire document on the City's website along with instructions for submitting comments to the City of Industry. Staff and consultants are scrutinizing the document and preparing detailed comments with special emphasis on the traffic section of the SEIR. PM/Gubman reported that the landscape project in the shopping center at the corner of Golden Springs and Brea Canyon Road resumed today. PM/Gubman stated that there is a large container for donation of clothing and shoes at the Park `n Ride lot on Diamond Bar Boulevard close to the SEPTEMBER 23, 2008 PAGE 8 PLANNING COMMISSION Sunset Crossing exit. Staff asked Caltrans to remove the eyesore and believe it will be removed by the end of next week. PM/Gubman indicated that the Development Code cleanup is on staff's list and will be presented to the Commission in the future. He asked the Commissioners to forward their comments, questions and suggestions to him or CDD/Fong. PM/Gubman responded to C/Nolan that the bank that intended to locate at the Target parking lot area has backed out. C/Shah said he noticed that during the past couple of years the attendants at the Park `n Ride lot had extended their living quarters and wondered if there was a limit. PM/Gubman responded that the agreement between the City and Caltrans called for allowing two caretaker facilities to ensure coverage on a 24/7 basis. He said he would look into whether they were encroaching beyond the scope of the original agreement. 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 8:14 p.m. The foregoing minutes are hereby approved this 14th day of October, 2008. Attest: Respectfully Submitted, Greg Gubman, Planning Manager Steve Nelson, Chairman