HomeMy WebLinkAbout11/12/2013MINUTES OF THE CITY OF DIAMOND BAR
."x4EGULAR MEETING OF THE PLANNING COMMISSION
NOVEMBER 12,2013
Chairman Torng 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: Vice Chairman Farago led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Ashok Dhingra, Jimmy Lin, Jack
Shah, Vice Chairman Frank Farago, Chairman Tony
Torng
Also present: Greg Gubman, Community Development Director,
Grace Lee, Senior Planner; Natalie Tobon, Assistant Planner; and Stella
Marquez, Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
4. CONSENT CALENDAR:
4.1 Minutes of the October 22, 2013 Regular Meeting
C/Dhingra moved, VC/Farago seconded, to approve the October 22,
2013, regular meeting minutes as presented. Motion carried by the
following Roll Call vote:
AYES:
NOES:
ABSENT:
5. OLD BUSINESS:
14
NEW BUSINESS
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
None
None
7. CONTINUED PUBLIC HEARING(S):
Dhingra, Lin, Shah, VC/ Farago,
Chair/Torng
None
None
7.1 Development Review No. PL2012-475 — Under the authority of Diamond
Bar Municipal Code Sections 22.48, applicant Jack Wu and property
owner Justin Chien requested Development Review approval to construct
• 12, 2013 PAGE 2 PLANNING COMMISSION
a 573 square -foot second floor addition to an existing single family
residence on a 1.6 gross acre (69,696 square -foot) lot. The subject
property is zoned Rural Residential (RR) with a consistent underlying
General Plan land use designation of Rural Residential. On August 27,
2013 the matter was continued by the Planning Commission to give the
property owner the opportunity to consider removing the proposed rear
pad.
PROJECT ADDRESS
PROPERTY OWNER
23223 Ridge Line Road
Diamond Bar, CA 91765
Justin Chien
2880 Woodbridge Court
Diamond Bar, CA 91765
APPLICANT: Jack Wu
10410 Lower Azusa Road #3203
El Monte, CA 91731
AP/Tobon presented staff's report and recommended Planning
Commission approval of Development Review No. PL2012-475, based on
the Findings of Fact, and subject to the conditions of approval as listed
within the resolution.
Jack Wu said that the owner agreed with C/Shah's recommendation to
remove the pad from the proposal and save the three trees.
Chair[Forng opened the public hearing.
With no one present who wished to speak on this item, Chair/Torng closed
the public hearing.
VC/Farago moved, C/Dhingra seconded, to approve Development Review
No. PL2012-475, 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
Dhingra, Lin, Shah, VC/ Farago,
Chair/Torrig
None
None
NOVEMBER 12, 2013 PAGE 3 PLANNING COMMISSIOL
8.1 Development Review No. PL2013-147 — Under the authority of Diamond
Bar Municipal Code Sections 22.48 and 22.56, the applicant/property
owner Dr. Umesh Shah requested Development Review approval to
construct a 2,828 square -foot two-story addition to an existing two-story
single family residence on a 0.47 gross acre (20,607 square -foot) lot. A
Minor Conditional Use Permit was requested for the continuance of a non-
conforming distance of 13'-6" to the structure on the adjacent lot to the
west. The subject property is zoned Low Medium Density Residential.
PROJECT ADDRESS
PROPERTY OWNER/
APPLICANT:
21955 Birds Eye Drive
Diamond Bar, CA 91765
Dr. Umesh Shah
21955 Birds Eye Drive
Diamond Bar, CA 91765
AP/Tobon presented staff's report and recommended Planning
Commission approval of Development Review and Minor Conditional Use
Permit No. PL2013-147, based on the Findings of Fact, and subject to the
conditions of approval as listed within the resolution.
C/Shah asked why the issue of 13'-6" versus 15' is being brought forward
for this application. AP/Tobon explained that the matter has been brought
forward because it is a non -conforming distance separation to the
neighboring residence and does not comply with the current development
standards. CDD/Gubman said that even if it was there before, if an
expansion is proposed that is more than 50 percent of the existing, it
automatically requires a Minor Conditional Use Permit and associated
findings to allow for a continuation of the non -conformity. If the addition is
less than 50 percent and is an addition to the first floor only the applicant
can continue the non -conforming setback without a Minor Conditional Use
Permit. C/Shah asked if the Minor Conditional Use Permit included the
landscaping and AP/Tobon explained that that the landscaping is a
Condition of Approval.
C/Lin asked what the wide building was outside of the property at the
northwest corner. CDD/Gubman responded that it is a deck on the
adjacent property which has a code enforcement issue because it
encroaches onto the greenbelt area that is part of the Gateway Corporate
Center's open space common area. C/Lin asked if a drainage report was
submitted as part of this application and CDD/Gubman said that it would
not have been part of the Development Review application. SP/Lee
NOVEMBER 12, 2013 PAGE 4 PLANNING COMMISSION
a
10.
explained that the Public Works Department is requiring a detailed
drainage system information during plan check and staff will make certain
that all drainage and runoff will be conveyed from the site to a natural
drainage course, which is a Condition of Approval.
C/Dhingra said that Condition 4 and 22 are the same and the second part
of Condition 6 is not clear. SP/Lee said the Conditions would be clarified
with the Building staff prior to finalizing the resolution.
Chair/Torng opened the public hearing.
Sonia Shah, 915 W. Las Palmas Drive, Fullerton, CA 92835, representing
applicant Dr. Shah, said she looked forward to approval of the project.
She thanked staff for their support and guidance through the process.
She reviewed the Conditions of Approval with staff and the applicant, who
concurs with all of the conditions.
With no one further wishing to speak on this matter, Chair/Torng closed
the public hearing.
C/Shah moved, C/Dhingra seconded, to approve Development Review
and Minor Conditional Use Permit No. PL2013-147, 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
Dhingra, Lin, Shah, VC/ Farago,
Chair/Torng
None
None
PLANNING COMMISSIONER COMMENTSAN FORMATIONAL ITEMS:
C/Dhingra congratulated Chair/Torng for being elected to the Walnut Valley
Unified School District Governing Board.
C/Shah and VC/Farago congratulated Chair/Torng as well.
Chair/Torng thanked his colleagues for their support during a hard fought battle.
STAFF COMMENTS/INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
CDD/Gubman congratulated Chair/Torng on his election to the Walnut
Valley Unified School District Governing Board.
NOVEMBER 12, 2013 PAGE 5 PLANNING COMMISSION
CDD/Gubman stated that the only item on the agenda for November 26,
2013, is the Housing Element update for the 5th Cycle Housing Element
which requires adoption by the City Council and State certification by the
middle of February 2014. Staff will present the Draft Housing Element
update to the Commission and present the document to state HCD for its
60 -day review. Once conditional certification is received, staff will present
the -document to City Council for adoption of the Resolution that will be
forwarded to the State to keep Diamond Bar in good standing in terms of
General Plan conformity until 2021.
C/Shah asked for an update on the Ralph's location. CDD/Gubman
responded that there will be a new major national grocery chain which
should be open by the middle of 2014.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chairman Torng adjourned the regular meeting at 7:28 p.m.
'The foregoing minutes are hereby approved this 26th day of November, 2013.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
ChairnLaD