HomeMy WebLinkAbout4/10/2012MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
APRIL 10, 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; Katherine
Laufenburger, Senior Planner; and Stella Marquez, Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered.
3. APPROVAL OF AGENDA: As presented
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of March 13, 2012.
C/Torng moved, C/Farrago seconded, to approve the Minutes of the Regular
Meeting of March 13, 2012, as presented. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Farago, Torng, VC/Nelson, Chair/Lin
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Shah
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARINGS:
7.1 Development Review No. PL2012-43 — Under the authority of Diamond Bar
Development Code Section 22.48, the, applicant and property owner, Chen
Tang, requested Development Review approval to construct a new 434 square
foot addition to the front of an existing single family residence on a 15,760
square foot lot. The lot is zoned Low Density Residential (RL) with a consistent
underlying General Plan land use designation of Low Density Residential.
PROJECT ADDRESS: 21927 Paint Brush Lane
Diamond Bar, CA 91765
APRIL 10, 2012 PAGE 2 PLANNING COMMISSION
PROPERTY OWNER/ Chen Tang
APPLICANT: 21927 Paint Brush Lane
Diamond Bar, CA 91765
SP/Laufenburger presented staff's report and recommended Planning.
Commission approval of Development Review No. PL2012-43, based on the
Findings of Fact, and subject to the conditions of approval as listed within the
Resolution as revised.
Chen Tang, owner/applicant, explained the request and asked for Planning
Commission approval for his project.
Chair/Lin opened the public hearing.
Richard Abad, 21917 Paint Brush Lane, said he was glad the owner was
improving his home. He asked how long the construction would take and how
much equipment would be parked in the street.
CDD/Gubman responded to Mr. Abad that the City's Municipal Code has
,limitations on construction hours so construction may not occur prior to
7:00 a.m. and construction must conclude by 8:00 p.m., although typically, it
concludes much earlier. Equipment must be limited to the property (be placed
on the premises) and any proposal to stage equipment in the street would
require an encroachment permit from the City's Public Works Department.
Mr. Tang said his contractor told him the addition would take about two and
one-half months so he is planning on three months or more for the construction
period. He further stated that he would make certain the contractors would not
block anyone's driveway. He understands that parking spaces are Very limited
on the street.
Chair/Lin closed the public hearing.
VC/Nelson commented that Diamond Bar has a long history of making sure that
families that.come to Diamond Bar have the ability to stay in Diamond Bar, as
they grow. The Planning Commission has granted approval to many projects
similar to this project where variances were continued. because they were
approved under, the County of Los Angeles, and he sees no reason not to
approve this request.
VC/Nelson moved, C/Farago seconded, to.. approve Development Review
No. PL2011-43, 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:
PAGE 3 PLANNING COMMISSION
AYES: COMMISSIONERS: Farago, Torng, VC/Nelson, Chair/Lin
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Shah
7.2- Conditional Use Permit No. PL2011-412 — Under the authority of Diamond
Bar Municipal Code Section 22.58, the applicant Suh Ling Wang, and property
owner Robert Ko, requested Conditional Use Permit approval for an education
center named "The Buddhist Education Center for True Enlightenment." The
Center will, offer classes on Saturday and Sunday from 9:00 a.m. to 6:00 p.m. .
and office hours only Monday through Friday from 5:00 p.m. to 10:00 p.m. The
subject property is zoned Industrial (1) with an underlying General Plan land use
designation of Industrial.
PROPERTY ADDRESS: 825 Lemon Avenue
Diamond Bar, CA 91765
PROPERTY OWNER: Walnut Business Park
Robert Ko
20107 Covina Hills Road
Covina, CA 91724
APPLICANT: Suh Ling Wang
1405 Bodega Way #5
j
Diamond Bar, CA 91765
CDD/Gubman explained that under the U.S. Constitution when places of
assembly.are considered, religious institutions must be treated the way that any
other place of assembly would be treated. Therefore, this project is reviewed
strictly on the basis of the land use compatibility, appropriateness of the use,
and capacity to accommodate the use at the intensity proposed.
SP/Laufenburger presented staff's report and recommended . Planning
Commission approval of Conditional Use Permit No. PL2011-412, based on the
Findings of Fact, and subject to the conditions of approval as. listed within the
Resolution,
Suh Ling Wang, applicant, thanked the Commission for considering this
enter will bring positive impacts to the society.
application. She believes the c
C/Torng asked how many individuals were anticipated to be present during
weekday office hours. Ms. Wang said that.current plans were to have some
staff present to accommodate the; public and members with book sales. She
does not anticipate there would be more than 20 individuals present during the
weekday office hours.
i
APRIL 10, 2012 PAGE 4 PLANNING COMMISSION
Chair/Lin asked what temple or church the center was affiliated with and
Ms. Wang responded "none."
Chair/Lin opened the public hearing.
With no one present who wished to speak on this matter, Chair/Lin closed the
public hearing.
C/Torng asked staff if the building had a ,capacity limit and SP/Laufenburger
said there was a capacity limit which had been reviewed by the City's Building
Department and that the occupancy numbers are posted inside the building and
controlled` by the Building Department.
C/Farago moved, C/Torng seconded, to approve Conditional Use Permit No.
PL2011-412, 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, Torng, VC/Nelson, Chair/Lin
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Shah
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
Chair/Lin said he understood the City Council had filed an application without taking
any action on the matter of Foothill Transit's proposal to build a parking structure at the
Park and Ride Facility. CDD/Gubman explained that Foothill Transit is looking at the
existing surface Park and Ride Facility on Diamond Bar Boulevard just south of Sunset
Crossing.There is a very narrow strip on the west side and a larger area on the east
side that abuts the SR60, which is one of the 'potential lots being considered for a
multi-level Park and Ride Parking structure. There are a number of questions and
issues, one of which is that as part of the SR57/60 "Big Fix project there would be a
connector that would pass diagonally through that site which would present an
interesting design challenge for placement. Staff is looking at potential opportunities to
create a multi -use parking structure elsewhere in the City, particularly at the Kmart site
if there is any opportunity to do a more ambitious redevelopment project because the
City would like to see something at that location which would provide a certain number.
of Park and Ride dedicated spaces but also be a multi-purpose parking structure to
accommodate redevelopment of that site.
VC/Nelson asked if there is any additional information staff.. can release on the Ralph's
site and C
DD/Gubman responded that the last he heard. things were. moving;forward
buf staff has been asked to continue to honor the request of the potential tenant to
keep the details confidential. There may be a larger scale 'rollout of several stores
opening in the region and ' the potential tenant' asks for the City's assistance with.
logistics, permitting requirements; etc. and has provided limited information
accordingly. Other than that, the City is und`er.a gag order..
APRIL 10, 2012 PAGE 5 PLANNING COMMISSION
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
CDD/Gubman reported that due to lack of quorum/agenda items, the April 24, 2012,
meeting will be canceled. Therefore, tonight's meeting will be adjourned to May 8,
2012, and Commissioners will be advised as the agenda for that meeting takes shape.
CDD/Gubman reminded Commissioners that the Ethics Training is next Thursday,
April 19 at the Diamond Bar Center. The City Clerk will provide information on the
training as well as the opportunity to take the ethics training through an alternative
venue including online training.
CDD/Gubman updated the Commission on the Shell Station project. The City is
moving forward with filing civil action against the property owners for failing to perform
the work and will be seeking an injunction in civil court and as a follow up to that
request, is asking the Court to order the project to be completed. Staff will also be
requesting that the judge turn the property over to a receiver to ensure completion of
the project. Once the project has gone through the legal channels and if the City
prevails, construction should be taken over by the Court ordered receiver and the
project should be completed within about three months. Once completed, the property
will likely be sold to an individual or company that has the ability to provide the cash
down payment and have the necessary license work in place to begin resuming
business.
9.1 Public Hearing dates for future projects.
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 7:25 p.m. to May 8, 2012.
The foregoing minutes are hereby approved this 10th day of April, 2012.
Attest: I
Respectfully Submitted,
Greg Gubman
Community Development Director
Steve -Nelson, Viceairman