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Home My WebLink About10/9/2012MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 9, 2012 Chairman Lin called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: VC/Nelson led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Jack Shah, Tony Torng, Vice Chairman Steve Nelson, and Chairman Jimmy Lin Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of August 14, 2012. C/Torng moved, C/Farago seconded, to approve the Minutes of the Regular Meeting of August 14, 2012, as presented. Without objection, the motion was so ordered with C/Shah and Chair/Lin abstaining. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review No. PL 2012-395 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant, Kenn Coble, and the property owners, Larry and Candi Holden, requested Development Review approval to construct an 812.5 square foot addition to an existing 1,882 square foot single family residence on a 10,198 gross square foot (0.23 acre) lot. The subject property is zoned Low Medium Residential OCTOBER 9, 2012 PAGE 2 PLANNING COMMISSION (RLM) with a consistent underlying General Plan land use designation of Low Medium Residential. 115100T.—TOWMADVINT01101• 608 Sky Court Diamond Bar, CA 91765 Larry and Candi Holden 608 Sky Court Diamond Bar, CA 91765 APPLICANT: Kenn Coble Pro Builders 449 W. Allen Avenue #109 San Dimas, CA 91773 PT/Tobon presented staff's report and recommended Planning Commission approval of Development Review No. PL 2012-395, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Torng asked how staff calculated the setback and building separation on the north side. PT/Tobon responded that these measurements are taken from the existing building footprint because the proposed addition does extend the building closer to the side property lines. The distance between the two structures is 19 feet 3 inches and 13 feet 9 inches on the other side. C/Torng pointed out that the agenda states that the addition is 1,882 square feet, but the staff report summary reads 1,417 square feet. PT/Tobon explained that the difference is the garage. C/Torng said he wanted it to be consistent and PT/Tobon said she would so note. Chair/Lin explained that the table that refers to the side yard clearance is the space between the two adjoining structures and not the side yard setback from the property line. PT/Tobon agreed and confirmed that the minimum side yard distance between adjoining structures is the distance between the subject structure and the structure next door. Chair/Lin asked what the Diamond Bar standard for the side yard setback is and PT/Tobon explained that in this zone it is 10 feet on one side and five feet on the other side as shown on the table. Mr. Coble, ProBuilders, said he was present to respond to questions. OCTOBER 9, 2012 PAGE 3 PLANNING COMMISSION Chair/Lin opened the public hearing. With no one present who wished to speak on this item, Chair/Lin closed the public hearing. C/Farago moved, C/Shah seconded, to approve Development Review No. PL 2012-395, 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: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. PL 2012-188 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant, Kenneth Pang, and the property owners, Kuo An Tseng and Mei-Ping Lin, requested Development Review approval to construct a 4,223 square foot addition and exterior renovation to an existing 3,873 square foot single family residence on a 70,168 gross square foot (1.61 acre) lot. The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: PROPERTY OWNER 2930 Steeplechase Lane Diamond Bar, CA 91765 Kuo An Tseng and Mei Ping Lin 19740 E. Lorencita Drive Covina, CA 91724 APPLICANT: Kenneth Pang Creative Design Associates 17528 E. Rowland Street City of Industry, CA 91748 SP/Lee presented staffs report and recommended Planning Commission approval of Development Review No. PL 2012-188, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Nelson pointed out that in the first paragraph it says that the application is to construct a 3,371 square foot addition and under the project description it speaks to a 4,223 square foot addition. SP/Lee explained that the reason is that the livable area of the first and second floor is 3,371 and in the first paragraph, second sentence it states that in addition to that there is a 277 square foot porch and 500 square foot outdoor patio. C/Shah asked SP/Lee to repeat the amount of imported soil and SP/Lee responded that 190 cubic yards of soil will be imported to fill the existing swimming pool. Chair/Lin said that on the agenda the property owners are Kuo An Tseng and Mei Ping Lin but on the package the owner is Debby Lin. SP/Lee explained that Debby Lin is the English name of Mei Ping Lin. The resolution should show the legal name which shows Debby Lin and she will clarify that with the applicant tonight. Kenneth Pang, Creative Design Associates, said he and the property owners have read staff's report and have nothing to add but are happy to answer any questions the Commission might have concerning the property. Chair/Lin asked the applicant if he had reviewed the drainage condition after the improvements to see if any additional runoff might the neighboring property. Mr. Pang responded that the drainage should not change too much because the slope will not be touched. The project intends to only fill in the pool so the slope will remain the same. Chair/Lin said that it would add additional impermeable area to the site that would tend to absorb more runoff than the roof. Typically, in a sloped area one would want to make certain that erosion does not occur and lead to unfavorable impacts to the neighboring property. CDD/Gubman said there are conditions of approval for erosion control for the construction. Mr. Pang interjected by saying that the civil plans are part of the package and he has looked at the drainage and confirmed the best way to drain the storm water. Chair/Lin opened the public hearing. OCTOBER 9, 2012 PAGE 5 PLANNING COMMISSION Chair/Lin opened the public hearing. With no one present who wished to speak on the item, Chair/Lin closed the public hearing. C/Torng moved, VC/Nelson seconded, to approve Development Review No. PL 2012-188, 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: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman reported that the next scheduled Planning Commission meeting is October 23 with two matters scheduled for the agenda — two single-family residential additions under Development Review requests, one located on High Knob and the second on Navajo Springs. (High Knob was stated in error, Running Branch should have been mentioned instead) CDD/Gubman said he would not be present for the October 23 meeting and that SP/Lee would lead the meeting in his absence. He said he would appreciate it if the Commissioners would notify him or AC/Marquez to confirm their presence so that staff can confirm there will be a quorum present to conduct the meeting. CDD/Gubman reported that the legal issue with the incomplete Shell Station project at the corner of Palomino and Diamond Bar Boulevard is moving forward. The City's prosecutor appeared in court the middle of August and the court issued a preliminary injunction ordering the property owner to submit building permits or a demolition permit by September 13. The property owner failed to do so, so the City's next step is to file an additional request for a motion to the court to find the property owner in contempt of the court order to perform to get the project restarted. Staff is concurrently reviewing options for seeking a receiver to take control of the property and complete the project. Staff is aware of the other assets OCTOBER 9, 2012 PAGE 6 PLANNING COMMISSIOV owned by the property owner which includes 13 other gas stations, two of which are in escrow and staff is looking at the opportunity to sequester the funds that would come out of those property transactions and to use those funds to bring in a receiver and perform the work on the property and have the receiver liquidate the property upon completion. At this point staff is pursuing completion of the property rather than demolition and clearing of the site because the capital improvement value on the site relative to the amount of work needed to complete the project make more financial sense to complete the project rather than to destroy the value of the on- site improvements. This is a complicated lawsuit because of the amount of tax liens encumbering not only this property but several of the other properties that the owner currently holds. Once any of those properties sell, the federal government is first in line to collect on the tax liens. The City would have a priority lien over the remaining balance over all of the other lien holders and parties that might have a lawsuit against the property owner. VC/Nelson asked if CDD/Gubman had any information available regarding filling the Ralph's space and CDD/Gubman responded that unfortunately, he did not have any information available. Information he has received to date indicates that the deal is moving forward and is still alive. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Lin adjourned the regular meeting at 7:37 p.m. The foregoing minutes are hereby approved this 23rd day of October, 2012. Attest: Respectfully Submitted, Greg Gubm`aM* Community Development Director Jimmy L"'' , ChairrNan