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Home My WebLink About11/13/2012MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 13, 2012 CALL TO ORDER: 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: C/Torng led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Tony Torng, Vice Chairman Steve Nelson and Chairman Jimmy Lin Absent: Commissioner Jack Shah was excused. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Josue Espino, Contract Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of October 13, 2012. C/Torng moved, VC/Nelson seconded, to approve the Minutes of the Regular Meeting of October 13, 2012, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 6. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 7. PUBLIC HEARINGS: None. None. Farago, Torng, VC/Nelson, Chair/Lin None Shah 7.1 Development Review No. PL 2012-380 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant and owners, George and Araceli Martinez, requested Development Review approval to construct a 476 square - foot living area addition, an 88 square -foot front porch and reconfiguration of a three -car garage (modified to a two -car garage and office) at the front of an • 13, 2012 PAGE 2 PLANNING COMMISSIOL existing 2,089 square -foot, two story, single family residence on a 17,920 gross square -foot (0.41 acre) lot. The subject property is zoned Low Medium Residential (RLM) with a consistent underlying General Plan land use designation of Low Medium Residential. 22831 Rio Lobos Road Diamond Bar, CA 91765 George and Araceli Martinez 22831 Rio Lobos Road Diamond Bar, CA 91765 CP/Espino presented staff's report and recommended Planning Commission approval of Development Review No. PL 2012-380, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Torng asked for explanation regarding the development standards in the staff report table. He asked if the front setback was supposed to be 30 feet and CP/Espino responded no, because in the RLM Zoning district, the front setback is 20 feet. Thirty feet is the standard for the RR zone. VC/Nelson asked for confirmation that the percentage of lot coverage which is well within the Code applied to the entire lot and not just the front yard to which CP/Espino responded that VC/Nelson was correct. Chair/Lin asked if the reference to electrical on Sheet A-3.0 of the architectural plans was an error because he did not see any electrical drawings on that sheet. CP/Espino responded that Chair/Lin was correct and that the applicant would be directed to correct that error in plan check. George Martinez said he was satisfied with the development review and hoped his project would be approved. Chair/Lin opened the public hearing. With no one present who wished to speak on this matter, Chair/Lin closed the public hearing. VC/Nelson moved, C/Farago seconded, to approve Development Review No. PL 2012-380, 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: NOVEMBER 13, 2012 PAGE 3 PLANNING COMMISSION AYES:, COMMISSIONERS: Farago, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Shah 7.2 Development Review No. PL 2012-177 — Under the authority of'Diamond Bar Municipal Code Section 22.48, the applicant, Xin Wang and owner, Clarence Lui, requested Development Review approval to construct a 383 square -foot addition to the front of an existing 2,718 square -foot single family residence on a 100,100 gross square foot (2.29 acre) lot. The subject property is zoned Rural, Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: 2226 Rusty Pump Road Diamond Bar, CA 91765 PROPERTY OWNER: Clarence Lui 2226 Rusty Pump Road - Diamond Bar, CA 91765 APPLICANT: Xin Wang 119834 Camino de Rosa Walnut, CA 91789 CP/Espino presented staff's report and recommended Planning Commission approval of Development Review No. PL 2012-177, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Lin asked if, in accordance with the development standards table in the staff report, if the existing rear setback was eight feet because the A-1 drawing shows a rear setback of six to eight feet. CP/Espino responded that in this particular case, no area is being added to the rear of the home. However, it is an existing non -conforming condition. The existing setback is measured from the rear building pad line. VC/Nelson said he thought Chair/Lin was saying that the setback is much greater than the six to eight feet under the existing condition. This is a moot point in terms of the Commission's decision but in terms of the accuracy of the report it makes sense to correct it. CDD/Gubman stated that the City's Development Standards calls out a minimum requirement for a level back yard area. Given the topography many of these lots have an ascending or descending slope. When staff refers to the rear setback, staff is not referring to the distance to the property line, but the distance from the rear of the building to the edge of the level pad area before it drops off down the slope. So the existing condition is that the rear of the house is eight feet from the edge of the NOVEMBER 13,2012 PAGE 4 , PLANNING COMMISSIOL pad so the setback is measured from a different point of reference than what is normally done from a property line. Chair/Lin asked what was considered level ground and CDD/Gubman responded two to three percent is what is generally considered to be a level usable area. Chair/Lin asked if drawing A-5 across the top of the second floor and A-6 Section (AA) on the north side, the right (eastern) edge shows a bay window but the second floor plan does not show a bay window. CP/Espino responded that there is no bay window. CDD/Gubman explained that what Chair/Lin is looking at is the gable for the grand entry that is part of the addition. Clarence Lui, property owner, thanked Mr. Wang for doing an excellent job and he said he would be very happy to receive an approval. VC/Nelson asked why the owner is doing this expansion. Mr. Lui responded that his family needs additional -space. This is their primary home and they are planning ahead for retirement in this home. Chair/Lin opened the public hearing. With no one present who wished to speak on the item, Chair/Lin closed the public hearing. VC/Nelson stated that these types of requests are usually about accommodating families who wish to stay in Diamond Bar and he is all about that. VC/Nelson moved, C/Torng seconded, to approve Development Review No. PL2012-177, 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: Farago, Torng, VC/Nelson, Chair/Lin None Shah 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Nelson said that several months ago, the City had an issue with food trucks coming into town and they left because the City required them to purchase a permit. CDD/Gubman said he did not recall the conversation. VC/Nelson said that over the weekend, his neighbor complained about such a vendor at the southwest corner of NOVEMBER 13, 2012 PAGE 5 PLANNING COMMISSION Diamond Bar Boulevard and Grand Avenue selling sheets on the weekends and displaying large signs and banners. If the City requires a permit for these types of businesses (food vendors), should the City not also require a permit for the person selling sheets. CDD/Gubman said staff would look into the matter and asked if this occurred on a particular day and time or over the entire weekend and VC/Nelson responded "over the entire weekend." CDD/Gubman said that a Neighborhood Improvement Officer will conduct a reconnaissance to find out exactly what is taking place and respond appropriately. VC/Nelson thanked CDD/Gubman. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman stated that no items are scheduled 'for the November 27 meeting and requested that tonight's meeting be adjourned to December 11, 2012, for which at this time there is one pending item, a residential addition on Falcons View. 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 7:32 p.m. to December 11, 2012. The foregoing minutes are hereby approved this 11th day of December, 2012. Attest: Respectfully Submitted, Greg Gubman, Community Development Director jimm Cha man