HomeMy WebLinkAbout9/24/2013MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSIOK
SEPTEMBER 24, 2013
Vice Chairman Torng called the meeting to order at 7:01 p.m. in the City Hall Windmill
Room, 21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Lin led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Ashok Dhingra, Frank Farago, Jimmy Lin,
Vice Chairman Tony Torng
Absent: Commissioner Jack Shah was excused.
Also present: Greg Gubman, Community Development Director; James
Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Natalie Tobon,
Assistant Planner; and Stella Marquez, Administrative Coordinator.
2. REORGANIZATION OF PLANNING COMMISSION — Selection of Chairman and
Vice Chairman.
C/Farago nominated C/Torng to serve as Chairman of the Planning Commission.
C/Lin seconded the nomination. There were no other nominations offered.
Roll Call vote:
Farago
Yes
Lin
Yes
Dhingra
Yes
Torng
Yes
Chair/Torng nominated C/Farago to serve as Vice Chairman of the Planning
Commission. C/Dhingra seconded the nomination. There were no other
nominations offered.
Roll Call vote:
Chair/Torng Yes
Lin Yes
Farago Yes
Dhingra Yes
SEPTEMBER 24, 2013 PAGE 2 PLANNING COMMISSION
3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
Stephen Rogers, 820 Church Street, Redlands, CA, requested that C/Shah resign,
for conduct unbecoming of a public official to avoid any further embarrassment to
the City of Diamond Bar. He read an email he sent to his former partner, Fred
Alamolhoda, consultant with the City of Diamond Bar, on June 9, 2013, with a copy
to the City and C/Shah. He also engaged ACM/Doyle and Council Member Herrera
about the perceived inappropriate consultant/public official relationship involving
Mr. Shah's work for the City of Moreno Valley and Alameda Corridor East
Construction Authority with participant agency City of Diamond Bar and including a
representative of Sanbag seated on the ACE Board. This relationship has had a
significant negative impact on his opportunities for employment as a professional
civil engineer practicing in Southern California since Mr. Shah was working for his
co -partnership, Municipal Engineering Resources (MER) beginning in late 2006.
ACA/Eggart stated that there would be an opportunity for Commissioners to
respond at the end of the agenda.
4. APPROVAL OF AGENDA: As presented
5. CONSENT CALENDAR:
4.1 Minutes of the August 27, 2013, Regular Meeting.
C/Farago moved, C/Lin seconded, to approve the August 27, 2013, regular
meeting minutes as presented. Motion carried by the following Roll Call vote:
AYES:
NOES:
ABSTAIN
ABSENT:
6. OLD BUSINESS:
7. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
19 =*Z
8. CONTINUED PUBLIC HEARING(S):
Lin, VC/ Farago, Chair/Torng
None
Dhingra
Shah
8.1 Development Review and Tree Permit No. PL2012-475 — Under the
authority of Diamond Bar Municipal Code (DBMC) Section 122.48, the
applicant, Jack Wu and property owner, Justin Chine, requested
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Development Review approval to construct a 573 square foot third story
addition to an existing single family residence on a 1.6 gross acre
(69,696 square foot) lot. A Tree Permit was requested to remove three
Coast Live Oak trees and one Black Walnut tree to be replaced at a 3:1 ratio,
The subject property is zoned rural Residential (RR) with a consistent
underlying General Plan land use designation of Rural Residential
(Continued from August 27, 2013)
PROJECT ADDRESS
PROPERTY OWNER
23223 Ridge Line Road
Diamond Bar, CA 91765
Justin Chine
2880 Woodbridge Court
Diamond Bar, CA 91765
APPLICANT: Jack Wu
10410 Lower Azusa Road #203
El Monte, CA 91731
CDD/Gubman reported that this matter was previously heard at the
August 27, 2013, Planning Commission meeting at which time the matter
was continued to this date to allow the project designer to consult with the
property owner who was absent from that evening's meeting regarding
removal of terraced retaining walls to create a buildable rear yard pad. The
applicant contacted staff earlier this month and asked for additional time to
consider revising the plans. Staff does not have a specific date to
reschedule this matter; therefore, staff recommends that this matter be
continued to a date uncertain. Surrounding property owners will be notified
of the future commission date that will be determined. The public hearing
remains open.
There was no one present who wished to speak on this matter.
VC/Farago moved, Chair/Torng seconded, to continue to a date uncertain,
Development Review and Tree Permit No. PL 2012-475. Motion carried by
the following Roll Call vote:
AYES: COMMISSIONERS: Dhingra, Lin, VC/ Farago,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Shah
PLANNING COMMISSION
9. PUBLIC HEARING(S):
9.1 General Plan Amendment, Zone Change, Development Review, and
Variance No. PL2011-201 — Under the authority of DBMC Sections 22.48,
22.54 and 22.70, the applicant, JWL Associates and the property
owner/trustee, James Chin Chou, requested a General Plan Amendment to
change the General Plan land use designation from Medium Density
Residential (RM) to Commercial/Office (CO); a Zone Change to change the
zoning designation from Neighborhood Commercial (C-1) to Office
Professional (OP) to bring the General Plan land use and zoning
designations on the subject property into conformance with each other-,
Development Review approval to construct a 4,400 square foot three-story
professional office building on a 11,225 gross square foot (0.26 acre) lot',
arid, a Variance request to allow the encroachment of a loading space in the
front setback.
PROJECT ADDRESS:,
An
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1111-1149 N. Diamond Bar Boulevard
Diamond Bar, CA 91765
James Chin Chou, Trustee
1359 Bentley Court
West Covina, CA 91791
JWL Associates
1221 S. Hacienda Boulevard
Hacienda Heights, CA 91745
CDD/Gubrnan stated that after this item was advertised and public hearing
notices were sent out, staff was notified by the applicant who requested a
continuance to make additional revisions to the plans. The applicant has not
requested a specific date and it is staff's recommendation that this matter be
continued to a date uncertain. Notices will be resent once the matter is
rescheduled.
Chair-/Torng opened the public hearing.
Felino Bautista, 1141 Flintlock Road, read statements from Victor and Nancy
Bermudez and Reverend and Mrs. Johnson, residents adjacent to the project
site, in opposition to the project.
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A speaker who lives across from Soltaire which faces the proposed project
said he too opposes any construction in the area because it would be an
inconvenience in terms of traffic which is primarily a residential area. In
addition, there are several businesses in the area that are not being used to
the full extent so adding an additional set of commercial businesses will not
satisfy the needs for Diamond Bar and the neighborhood in terms of the
degradation of property values. He strongly opposed any construction in this
area.
C/Dhingra moved, C/Lin seconded, to continue General Plan Amendment,
Zone Change, Development Review, and Variance No. PI -2011-201, to a
date uncertain.
C/Lin asked if notices would be sent to the residents and CDD/Gubman
reiterated that notices would be sent to the residents again with the date and
time. C/Lin asked if the City notified neighbors of the continuance of this
item. He was - concerned that they were present tonight without any
notification that the item would be continued. CDD/Gubman responded to
C/Lin that staff cannot make the decision to continue a matter because that
is the Commission's decision; however, the posted agenda stated that staff
would be recommending a continuance
9.2 Development Review and Variance No. PL2012-399 — Under the authority
of DBMC Sections 22.48 and 22.54, the applicant Rick Dirksen and property
owner Sandeep Shah, requested Development Review approval to construct
a new single family residence consisting of 8,063 square feet of livable area;
two garages totaling 1,000 square feet; and 2,284 square feet of patio areas
on a 5.57 gross acre (242,628 square foot) lot. A Variance was requested to
allow two driveways in the front yard. The subject property is zoned Rural
Residential (RR) with a consistent underlying General Plan land use
designation of Rural Residential.
PROJECT ADDRESS
PROPERTY OWNER
2205 Rusty Pump Road
Diamond Bar, CA 91765
Sandeep and Ahju Shah
6397 Rhodes Lane
Riverside, CA 92506
SEPTEMBER 24, 2013 PAGE 6 PLANNING COMMISSION
APPLICANT: Rick Dirksen
9461 Hughes Drive
Corona, CA 92883
AP[Tobon presented staff's report and recommended Planning Commission
approval of Development Review and Variance No. PI -2012-399, based on
the Findings of Fact, and subject to the conditions of approval as listed within
the resolution.
Chair/Torng opened the Public Hearing.
Rick Dirksen, applicant, thanked planning staff members who were
exceptionally helpful and especially AP/Tobon. Chair/Torng asked if
Mr. Dirksen read staff's report and concurred with the conditions of approval
to which Mr. Dirksen responded that the conditions have been reviewed and
the project is in compliance with all of the conditions.
Sandeep Shah, property owner, thanked the Commission for entertaining
this project and said he would be happy to answer any questions. This
project took two years to design and would not have considered a variance
unless it was absolutely necessary. He thanked the Commission for its
consideration.
Chair/Torng closed the Public Hearing.
C/Lin moved, C/Dhingra seconded, to approve Development Review and
Variance No. PI -2012-399, 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: Dhingra, Lin, VC/ Farago,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
10. PLANNING COMMISSIONER COMMENTS/IN FORMATIONAL ITEMS:
C/Dhingra said it was a privilege and honor to be appointed to the Commission and
he looks forward to working with his colleagues and staff on upcoming projects and
ordinances. He is very excited to serve the City.
SEPTEMBER 24, 2013 PAGE 7 PLANNING COMMISSIOL
C/Lin took exception to the accusations levied by the public speaker because his
accusation is false and knows about C/Shah's public service.
C/Farago welcomed C/Dhingra to the Commission. He asked for an update on the
Shell station. CDD/Gubman responded that work has recommenced on the site.
The concrete/asphalt flatwork has been demolished to address existing drainage
problems as well as other problems with the flatwork. Yesterday the building
passed a lathe inspection. Today concrete was being poured to provide the new
surfacing on the site and the projected completion date is anticipated to be about
the middle of October. The property has been listed for sale and staff expects the
transaction to close expeditiously. When the building is complete it will be in a
turnkey condition with respect to fuel pumps; however, the interior of the
convenience store will be left in its initial condition so that the future owner can
improve it to their specifications. The building is being marketed as a Shell branded
gasoline station and staff's understanding is that the franchise agreement with Shell
has been salvaged and will be a Shell branded station when it reopens.
Chair/Torng thanked everyone for their trust and support in selecting him to Chair
the Planning Commission. He is much honored to serve. Chair/Torng welcomed
C/Dhingra to the Planning Commission. Chair/Torng asked for advice on how to
resolve the situation between the speaker and C/Shah. CDD/Gubman responded
that in most cases it is probably more prudent to allow the public comments which
are time-limited to run their course and have them on record in the adopted
minutes. Whether there is anything that can be done to suppress certain public
comments is a matter he will defer to legal counsel. ACA/Eggart stated that the
specific issue raised by the speaker is not something that is within the Planning
Commission's jurisdiction so it would not be appropriate for the Commission to take
formal action.
11. STAFF COMMENTS/IN FORMATIONAL ITEMS:
11.1 Public Hearing dates for future projects.
CDD/Gubman, on behalf of staff, welcomed C/Dhingra to the Commission. Staff
has had the opportunity to work with Commissioner Dhingra while he was still a
civilian and staff is glad to have him aboard. As C/Tye said upon C/Dhingra
appointment, the City had a major void to fill with Steve Nelson's absence. Steve
had 13 years of Planning Commission experience and the City happened to find
someone who brings 16 years of experience from his prior city of residence of San
Dimas. So the City and the Planning Commission has someone who is seasoned
and experienced and will be a great complement to what is already an exemplary
SEPTEMBER 24, 2013 PAGE 8 PLANNING COMMISSION
Planning Commission. CDD/Gubman said as always, he looks forward to
continuing to work with all of the Commissioners. Congratulations to Chair/Torng
upon his reappointment for a third term as Chairman. Congratulations to VC/Farago
on his appointment. Staff is ready to answer any questions on procedural matters
should VC/Farago need to fill in for Chair/Torng.
CDD/Gubman stated that with respect to the Commission's recommendation for
Council adoption of the General Plan Amendment and Zone Change for the Tres
Hermanos property as part of the City's Housing Element implementation, the City
Council heard the matter on September 3 and by unanimous vote adopted the
Resolution Certifying the EIR, the Resolution adopting the General Plan
Amendment and the Ordinance on First Reading for the Zone Change and Code
Amendment. The Second Reading took place on September 17 so the Zone
Change will become effective 30 days hence on October 17. Staff is working on the
Housing Element for the upcoming housing cycle and will be scheduling a study
session as that effort moves forward which will likely take place the first or second
meeting of November 2013. The Commissioners will be provided with appropriate
materials well in advance of the study session.
CDD/Gubman further stated that the October 8 agenda is relatively robust. There
are three agenda items including Americas Tire Company building proposed at the
northwest corner of Cold Spring Lane and Diamond Bar Boulevard which was
previously a Mobil (sic) Station; another new single family residence on Falcons
View, and the development plans for Site D. Site D is in escrow to be purchased by
Lennar Homes and the plans call for 182 new units as well as, a park to be
dedicated to the City which was one of the Specific Plan requirements. Collectively,
the Planning Commission will be considering the Tentative Tract Map, Design
Review application and a Tree Permit (to address removal of protected trees). Staff
will prepare an extensive report that will contain a lot of backup material which is
currently being worked on in an effort to provide the Commissioners sufficient time
for review prior to the meeting.
Chair/Torng asked how long the City Council meeting lasted for consideration of the
zone change. CDD/Gubman said it lasted maybe an hour or less.
Chair/Torng suggested that all of the Commissioners visit the site for proposed
project on agenda item 9.1 (1111-1149 N. Diamond Bar Boulevard). CDD/Gubman
said that item would not be on the October 8 agenda.
SEPTEMBER 24,2013 PAGE 9 PLANNING COMMISSIO1
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission, Vice
Chairman Torng adjourned the regular meeting at 7:53 p.m.
The foregoing minutes are hereby approved this 8th day of October, 2013.
Attest:
Respectfully Submitted,
Wu 4b\n3.-0
Community Development Director
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