HomeMy WebLinkAbout7/14/2009MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JULY 14, 2009
CALL TO ORDER:
Chairman Torng called the meeting to order at 7:05 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.
ROLL CALL
Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice
Chairman Steve Nelson and Chairman Tony Torng.
Also present: Greg Gubman, 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. Regular Meeting Minutes of June 23, 2009
C/Shah moved, C/Lee seconded, to approve the Minutes of June 23, 2009
as presented. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSTAIN
ABSENT:
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
7. PUBLIC HEARINGS:
None
None
Lee, Nolan, Shah, Chair/Torng
None
VC/Nelson
None
7.1 Conditional Use Permit No. 2009-03 Under the authority of Diamond bar
Municipal Code Section 22.58, Vision 21 Art submitted a request to provide
JULY 14, 2009 PAGE 2 PLANNING COMMISSION
art tutoring, art consultation and private art classes for college preparatory
courses in conjunction with a retail art supply store.
PROJECT ADDRESS:
2040 Brea Canyon Road,
Suites 161 & 170
Diamond bar, CA 91765
Plaza Diamond Bar Partners, LLC
3029 Wilshire Boulevard, Suite 202
Santa Monica, CA 90403
APPLICANT: Massum Azizi, AIA
1470 Jamboree Road, Suite 200
Newport Beach, CA 92660
CDD/Gubman respectfully requested that the Planning Commission continue
this matter to the next regularly scheduled meeting of July 28, 2009. The
applicant failed to post the property within the required timeframe which
placed the notification out of full conformance with the Development Code
requirements.
VC/Nelson said he would second the motion if he were assured that the
applicant was given sufficient notice to post the property. CDD/Gubman
assured VC/Nelson that the applicant was given sufficient notice.
C/Nolan moved, VC/Nelson seconded, to continue Conditional Use Permit
No. 2009-03 to July 28, 2009. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Nelson
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Development Review No. 2007-38 — Under the authority of Diamond Bar
Municipal Code Section 22.48, the applicant requested approval to construct
a new 10,738 square foot single family residence on a 43,273 square foot
Rural Residential (RR) zoned parcel of land with a consistent underlying
General Plan Land Use designation.
JULY 14, 2009 PAGE 3 PLANNING COMMISSION
PROJECT ADDRESS:
PROPERTY OWNER:
22878 Canyon View Drive
(Tract 42589, Lot 29;
APN 8713-024-013
Diamond Bar, CA 91765
Billy Chung
17764 La Pasaita Ct.
Rowland Heights, CA 91748
APPLICANT: Massum Azizi, AIA
1470 Jamboree Road, Suite 200
Newport Beach, CA 92660
SP/Laufenburger presented staff's report and recommended Planning
Commission approval of Development Review No. 2007-38, based on the
Findings of Fact, and subject to the conditions of approval as listed within the
resolution.
VC/Nelson said he appreciated staff's anticipation of his concerns about
sensitive species versus open space. He asked to verify a variance of the
front yard setback based on the fact that the rear portion of the yard is
constrained because if this is the kind of house that is commensurate with
living in "The Country Estates" this is what the Planning Commission needs
to consider. PC/Laufenburger explained that when project comes back to
the Commission it would be the owner's intent to get the house comparable
to what is in the neighborhood.
Chair/Torng asked if it would impact the project were the Commission to
approve it today and not approve the variance when it came back to the
Commission. PC/Laufenburger responded that if the variance was not
approved the owner would have to push the house back to meet the front
yard setback requirement so that it would not encroach into the rear setback
or they would have to do something to make the depth of the house more
shallow to meet both the front yard and the rear yard setback.
There were no ex parte disclosures.
Chair/Torng opened the Public Hearing.
The applicant and owner were present but did not speak.
JULY 14, 2009 PAGE 4 PLANNING COMMISSION
0
Q
With no one who wished to speak on this matter, Chair/Torng closed the
Public Hearing.
VC/Nelson moved, C/Nolan seconded, to approve Development Review No.
2007-38, 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: Lee, Nolan, Shah, VC/Nelson,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None
STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
Chair/Torng asked about the cell tower at Chaparral School. CDD/Gubman
responded that the school district asked Verizon to withdraw its application
due to the neighborhood opposition. The appeal was withdrawn and the
matter is closed.
CDD/Gubman stated that at its next meeting the Planning Commission will
hold a workshop at 6:00 p.m. in Room CC -8 to continue the discussion
regarding CEQA and tips on reading and EIR.
CDD/Gubman announced that effective July 1, 2009, he has been
permanently appointed Director.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
JULY 14, 2009 PAGE 5 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Torng adjourned the regular meeting at 7:17 p.m.
The foregoing minutes are hereby approved this 28th day of July, 2009.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
To orng, Chairman