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HomeMy WebLinkAbout2/10/2009MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 10, 2009 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, Kathy Nolan, Vice Chairman Tony Torng, Chairman Steve Nelson. Absent: Commissioner Jack Shah was excused. Also present: Greg Gubman, Acting Community Development Director; Katherine Laufenburger, Senior Planner; 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 27, 2009. VC/Torng moved, C/Nolan seconded to approve Consent Calendar Item 4.1 as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING: 7.1 Development Review No. 2007-25 — Under the authority of Diamond Bar Development Code Section 22.48, the applicant requested approval to FEBRUARY 10, 2009 PAGE 2 PLANNING COMMISSION construct a three-story, 9,513 square foot single family residence with an attached 1,802 square foot garage on an existing 1.06 acre Rural Residential (RR) zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential (RR). Project Adddress: 2706 Indian Creek, (Tract 23483, Lot 102 APN 8713-036-018) Diamond Bar, CA 91765 Property Owner: Basant Bhatia 17753 Via San Jose Rowland Heights, CA 91748 Applicant: Pete Volbeda 615 E. Benson Avenue, Unit C Upland, CA 91786 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review No. 2007-25 based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Nelson asked if there was discussion or consideration of recommending a variance to bring the home closer to the street to reduce the grading. SP/Laufenburger responded that in this particular case the applicant at first submitted a request to reduce the front yard setback. After proceeding through the design process with staff over a period of time the applicant concluded that the project could meet the front yard setback and still maintain the rear yard setback with the same improvements resulting in reduction of grading. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Pete Volbeda, applicant, explained the proposed design. He stated that he read staff's report and concurred with the conditions of approval. Chair/Nelson closed the public hearing. C/Lee moved, C/Nolan seconded to approve Development Review No. 2007-25, based on the Findings of Fact, and subject to the conditions of FEBRUARY 10, 2009 PAGE 3 PLANNING COMMISSION approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 7.2 One -Year Time Extension For Vesting Tentative Tract Map 53430, Conditional Use Permit No. 2002-01, Variance No. 2005-03 And Tree Permit No. 2005-10 — Under the authority of DBMC Sections 21.20.050, the applicant submitted a request for an extension of time to file the Final Map for Tentative Tract Map 53430. The Tentative Tract Map was approved on February 21, 2006, with a three (3) year time period to record the final map. On July 25, 2008, Senate Bill 1185 went into effect and automatically extended the expiration date on existing Vesting Tentative Maps for twelve (12) additional months past their expiration dates. The projected filing of the Final Map may be delayed beyond this 4year approval period. The time extension will provide an additional year until February 21, 2001, for the applicant to file the Final Map. Project Address: Directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane APN No's: 8713-023-002, 8713-012-04, 8713-023- 005, 8713-023-004 and 8713-024-002. Property Owner: Millennium Diamond Road Partners, LLC 3731 Wilshire Boulevard, Suite 850 Los Angeles, CA 90010 ACDD/Gubman requested that at this time the Planning Commission continue this matter to the next meeting date of February 24, 2009, in order to allow staff an opportunity to properly re -notice the project. There were no ex parte disclosures. Chair/Nelson opened the public hearing. There was no one present who wished to speak on this matter. Chair/Nelson closed the public hearing. FEBRUARY 10, 2009 PAGE 4 PLANNING COMMISSION C/Nolan moved, VC/Torng seconded, to reopen the public hearing and continue the matter to February 24, 2009. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Tomg, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Torng thanked ACDD/Gubman and staff for providing him with information on the proposed NFL Stadium because it is an important matter for the City's consideration. He said he liked today's presentation that included photographs of the project from all sides. Chair/Nelson said he wished C/Shah a speedy recovery. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Planners Institute — March 25-27.2009 — Anaheim, California ACDD/Gubman said that the City would pay for Commissioners to attend and Commissioners are requested to respond their intentions via email. 9.2 Public Hearing dates for future projects. ACDD/Gubman stated that in addition to consideration of Tentative Tract Map 53430, there will be two additional review applications for new single family homes within "The Country Estates," one on Steeplechase and one on Indian Creek. Chair/Nelson asked the status of the proposed AERA project. ACDD/Gubman responded that staff has had no communication with AERA Energy in almost a year. The applicant and the City reached an impasse on a number of issues and with the down turn in the economy the project may not be coming before the Commission any time soon. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. FEBRUARY 10, 2009 PAGE 5 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:17 p.m. The foregoing minutes are hereby approved this 10th day of March, 2009. Attest: Respectfully S fitted, Greg Gubman Acting Community Development Director Toy`Toing, Charman