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HomeMy WebLinkAbout2/24/2009MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 24, 2009 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Tony Torng, Chairman Steve Nelson. Also present: Greg Gubman, Acting Community Development Director; Katherine Laufenburger, Senior Planner; Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of February 10, 2009. VC/Torng moved, C/Nolan seconded, to continue this item to the March 10, 2009, meeting. Motion carried by the following Roil Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Shah ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING: 7.1 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 Diamond Bar Municipal Code Sections 21.20.050, the applicant submitted a request for an extension of time to file the MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 24, 2009 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Tony Torng, Chairman Steve Nelson. Also present: Greg Gubman, Acting Community Development Director; Katherine Laufenburger, Senior Planner; 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 February 10, 2009. VC/Torng moved, C/Nolan seconded, to continue this item to the March 10, 2009, meeting. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Shah ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING: 7.1 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 Diamond Bar Municipal Code Sections 21.20.050, the applicant submitted a request for an extension of time to file the FEBRUARY 24, 2009 PAGE 2 PLANNING COMMISSION 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 12 additional months past their expiration dates. The projected filing of the Final Map may be delayed beyond this four year approval period. The time extension will provide an additional year until February 21, 2010, for the applicant to file the Final Map. (Continued from February 10, 2009) 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 SP/Laufenburger recommended that the Planning Commission continue this matter to a future date uncertain at this time, subject to re -notification. There were no ex parte disclosures. Chair/Nelson opened the public hearing. There was no one present who wished to speak on this matter. C/Nolan moved, VC/Torng seconded, to continue the matter to a date uncertain, subject to re -notification. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Shah, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PUBLIC HEARING(S): 8.1 Development Review No. 2008-18 and Minor Variance No. 2008-02 — Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.52, the applicant requested approval to construct a two-story, 9,654 square foot single family residence with an attached 1,114 square foot garage on an existing 42,139 square foot (0.96 Acre) Rural Residential (RR) zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential (RR). The FEBRUARY 24, 2009 PAGE 3 PLANNING COMMISSION Minor Variance was requested to allow the exposed height of retaining wall to be increased from six (6) feet to eight (8) feet. PROJECT ADDRESS PROPERTY OWNER: APPLICANT: 3121 Steeplechase Diamond Bar, CA 91765 Arun and Indu Jain 1301 Glenthorpe Drive Walnut, CA 91789 Pete Volbeda 615 E. Benson Avenue, Unit C Upland, CA 91786 SP/Laufenburger recommended that the Planning Commission continue this matter to March 10, 2009, to allow the applicant time to prepare the submittal items. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Pete Volbeda, Architect, stated that the applicant agreed with staff's recommendation for continuance. C/Lee moved, C/Shah seconded, to continue the public hearing to a date uncertain, subject to re -notification. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Nolan, VC/Torng, Shah, Chair/Nelson None None 8.2 Development Review No. 2008-19 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval to construct a two-story, 2859 square foot single family residence with an attached 624 square foot garage on a 1.16 acre Rural Residential (RR) zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential (RR). PROJECT ADDRESS: Vacant parcel of land fronting Indian Creek Road, located to the west of 2112 Indian Creek Road (Tract 30093, Lot 14; APN 8713-041-004) Diamond Bar, CA 91765 FEBRUARY 24, 2009 PAGE 4 PLANNING COMMISSION PROPERTY OWNER: John Gasparian 2112 Indian Creek Road Diamond Bar, CA 91765 APPLICANT: Pete Volbeda 615 E. Benson Avenue, Unit C Upland, CA 91786 SP/Laufenburger presented staff's report and referred the Commission to a letter from "The Country Estates" Homeowners Association indicating it disapproved the proposed design of the home. The letter also discusses lot lines, a matter that rests between the applicant and the HOA. The discussion regarding lot lines is not before the Planning Commission this evening, only the development of a single family home on a legal lot. Staff recommended Planning Commission approval of Development Review No. 2008-19, based on the Findings of Fact, and subject to conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Nelson opened the public hearing. Pete Volbeda, Architect, explained the project, the house his firm previously designed in which the applicant is currently living, indicated that the property owner uses both lots and indicated that this project attempts to match the style of the current home to make the project blend in. He requested Planning Commission approval. C/Lee said he liked the design and wanted to know why "The Country Estates" did not approve the design. Chair/Nelson said he appreciated the question and was determined that the Planning Commission remain on legal ground. ACDD/Gubman stated that the decision before the Planning Commission this evening is whether or not to approve this project based on the development standards set forth in the City's Development Code and whether or not the Planning Commission can make the finding that the design is appropriate. The Planning Commission's approval is a stand alone action. At the same time, the property owner is also subject to the CC&R's and bylaws of "The Country Estates" Homeowners Association. The homeowner's obligation is to obtain approval from the Planning Commission as well as The Country Estates Homeowners Association. C/Lee insisted he wanted to know both sides so that he could make an informed decision. He asked ACDD/Gubman if it would be ok to ask the applicant to respond. ACDD/Gubman responded yes. FEBRUARY 24, 2009 PAGE 5 PLANNING COMMISSION Mr. Volbeda said that he has constructed numerous homes within The Country Estates and has always obtained Association approval. The applicant anticipates it will be successful in getting approval from the HOA. C/Lee asked if the opposition was legitimate and with foundation and Mr. Volbeda said he could not answer that question. He had previous opposition which he was able to overcome. He expects to receive approval in this instance. Gary Jackson, 675 Masters Circle, New Castle Construction said he was the builder of the original home for the property owner and was involved in the design of and planned to build the new home. Frank LeRoy, Chairman, Architectural Committee, The Country Estates Homeowners Association, said the Committee does not have a problem with the house and had requested more time to study the issue of breaking up the lots. Mr. LeRoy said an option to do a lot merge instead of a lot line adjustment was discussed which would allow one continuous estate. The Association is attempting to avoid problems down the line. C/Shah asked what type of problem Mr. LeRoy anticipated if there were two separate owners. Mr. LeRoy responded that there is not a lot of separation between the two dwellings and when one buys a home of this caliber in The Country Estates one would be giving up a lot of privacy. As the map indicates the street frontage is approximately half the size of the driveway. When there is a shared driveway there should be covenants that rest with each of the properties with respect to who maintains the shared driveway. John Gasparian, properly owner, said that when he originally purchased the property it was two separate parcels that allowed two separate residences because he hoped one of his children would want to build a home next to him. Now it is just he and his wife who live there and he would like to get someone to live in to help him and his wife. Because he receives dialysis he would like to have a dialysis live-in expert to administer treatment every other day as required. He cannot understand why The Country Estates HOA would have objection to him building a separate residence on the separate property. The driveway is wide enough to accommodate two-way traffic. SP/Laufenburger responded to Chair/Nelson that the proposed project meets the development standards of the City of Diamond Bar, that in staff's opinion it is not adverse to the character of the neighborhood and there currently exists two separate legal lots and the lot line adjustment is a separate, ministerial matter that is outside of the Planning Commission's purview. FEBRUARY 24, 2009 0 10. PAGE 6 PLANNING COMMISSION C/Lee apologized for giving his opinion about the project before listening to testimony because he did not want to influence his colleagues in any way. Chair/Nelson closed the public hearing. C/Shah moved, C/Lee seconded to approve Development Review No. 2008-18 and Minor Variance No. 2008-02, 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 NOES: COMMISSIONERS ABSENT: COMMISSIONERS Lee, Nolan, VC/Torng, Shah, Chair/Nelson None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan said she would attend the Planning Commission Institute. C/Lee commented that as a Commissioner he would like to have more information from the applicant and architect even if the responses do not relate to the project approval and felt he should be allowed to ask' -questions. C/Shah thanked his colleagues for their good wishes and concerns during his absence. He fell ill and then fell ill again and had to miss more than one meeting. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. ACDD/Gubman stated that on Thursday the City of Industry City Council is scheduled to take action on the NFL Stadium project. Staff and special legal counsel from Diamond Bar will be present. Staff expects that the Industry City Council will approve the project at some point in the future. Diamond Bar is prepared to move forward with a legal response to the decision should Industry elect to approve the project without addressing the numerous environmental issues and deficiencies in the EIR. The Diamond Bar City Website is updated on an ongoing basis to keep the public informed. FEBRUARY 24, 2009 PAGE 7 PLANNING COMMISSION VC/Torng said he received a flyer today encouraging support of the stadium. Included was a statement indicating that initially the site was approved as a commercial development. The flyer also states that daily traffic counts for a fully developed commercial center would be 67,000 cars and for the NFL Stadium it would result in 58 or 59,000 cars on a game day only. He asked if the flyer was correct. ACDD/Gubman said the flyer was misleading. The flyer refers to a reduction in the square footage that does not include the square footage of the stadium and stadium seating that encircles the field. This project is, in reality is approximately six million square feet. The traffic may have a different pattern but the statistics are highly misleading and disingenuous to say to the public that traffic impacts will be less for the stadium. ACDD/Gubman responded to C/Shah that staff is not aware that Walnut has filed a lawsuit against the project. The statute of limitations for filing a lawsuit is 30 days after the certification of the EIR is filed with the Los Angeles County Recorded or within 180 days following certification, if no filing is made with the County, neither of which has occurred. 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 7:41 p.m. The foregoing minutes are hereby approved this 10th day of March, 2009. Attest: Respectfully S miffed, Greg Gubma Acting Community Development Director s'� � orng, Chair rf'