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Home My WebLink About08/25/2020MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION AUGUST 25, 2020 FOR PURPOSES OF THIS SCHEDULED PUBLIC MEETING AND FOR THE SAFETY OF ALL MEMBERS OF THE PUBLIC AND CITY STAFF DURING THE COVID-19 PANDEMIC, A TEMPERATURE TEST AND SYMPTOM SCREENING WAS REQUIRED TO ENTER THE CITY FACILITY AND PARTICIPATE. ANYONE WITH A TEMPERATURE TEST RESULT OF 100.4 DEGREES FAHRENHEIT OR HIGHER, AND/OR DISPLAYING A SYMPTOM OF COVID-19 OR EXPERIENCING A SYMPTOM ASSOCIATED WITH COVID-19 WITHIN THE 72 HOURS PRIOR TO THE MEETING, WAS DENIED ACCESS TO THE FACILITY AND MEETING. FACE COVERINGS AND SOCIAL DISTANCING PROTOCOLS WERE MANDATORY UPON ENTRY TO THE CITY FACILITY. CALL TO ORDER: Chair/Mok called the meeting to order at 6:42 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Wolfe led the Pledge of Allegiance. 1. ROLL CALL: Commissioners: Naila Barlas, Mahendra Garg (telephonically), Raymond Wolfe, Vice Chairperson William Rawlings, and Chairman Kenneth Mok. Staff Members Participating: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney (telephonically); Grace Lee, Senior Planner; and, Stella Marquez, Administrative Coordinator 2. PUBLIC COMMENTS: Susan Mullins stated that the five-minute time limit did not provide sufficient time for her to speak on upcoming Item 7.1. She summarized emails she submitted listing her complaints and concerns about life-threatening probabilities involving physical and mental harm for residents with health issues during construction, including noise, debris, dust and pollen. She is also concerned about traffic accidents with people texting and driving , as well as drivers’ inability to see in the fog and heavy rain. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes – Regular Meeting – June 23, 2020. C/Wolfe moved, VC/Rawlings seconded, to approve the June 23, 2020, Meeting Minutes as corrected. Motion carried by the following Roll Call vote: ________________________________________________________________________ AUGUST 25, 2020 PAGE 2 PLANNING COMMISSION ________________________________________________________________________ AYES: COMMISSIONERS: Barlas, Garg, Wolfe, VC/Rawlings, Chair/Mok NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 ZONE CHANGE AND DEVELOPMENT REVIEW NO. PL2015-253 – Under the authority of DBMC Sections 22.48 and 22.70, the property owners and applicant requested a Zone Change to modify the existing zoning district from Neighborhood Commercial (C-1) to Low Density Residential (RL) to be consistent with the General Plan land use designation, and approval of Development Review application to construct a new 4,333 square foot, two story single family residence measuring 28’- 8” high on an 11,225 square foot (0.26 acre) undeveloped vacant lot. PROJECT ADDRESS: 1111 Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNERS: James Chin Chou 1359 Bentley Court West Covina, CA 91791 APPLICANT: Creative Design Associates 17528 Rowland Street, 2nd Floor City of Industry, CA 91748 SP/Lee presented staff’s report and recommended that the Planning Commission forward a recommendation to the City Council to approve Zone Change and Development Review No. PL2015-253. Chair/Mok opened the public hearing. Debra Pedley said she was opposed to the project. As a real estate appraiser she knows this house will not be accessible. They will want to build a wall that will create a visual problem for people traveling down the street and delivery people will have to sit outside the gate. There will be trash pickup on Diamond Bar Boulevard and a buyer may want to paint the house a weird color and who would stop them from doing so. Cyclists come through Diamond Bar at a high ________________________________________________________________________ AUGUST 25, 2020 PAGE 3 PLANNING COMMISSION ________________________________________________________________________ rate of speed and they will not see cars coming in and out of the property and drivers will not see cyclists going 50 mph down the hill, especiall y when it is foggy. A house this size belongs in The Country and not in this neighborhood. As a result of this project, home purchases will decline and values will go down in the neighborhood. Susan Mullins summarized emails she submitted listing her complaints and concerns about life-threatening probabilities involving physical and mental harm for residents with health issues during construction including noise, debris, dust and pollen. She is also concerned about traffic accidents with people texting and driving, as well as drivers’ inability to see in the fog and heavy rain. Douglas Barcon asked that his prior comments and letters be included and referenced and stated he continues to oppose plans for the property because he believes the new project should not be approved. In addition to his previous concerns, the current plan was brought to the Planning Commission prior to approval of the updated General Plan when it was zoned commercial and he felt the property would have been more suitable for a cell tower that looked like a windmill. Joanna Angarola agreed with many statements made by previous speakers including the health concerns about debris and pollen being carried into the neighborhood by high winds during construction, traffic collisions and obstruction of the view from her back yard. Donna Earnheart said when the City Council tabled this project for a traffic study she thought the project would not move forward because to her, it is obvious it is not a suitable location for a home. Chair/Mok closed the public hearing. Chair/Mok re-opened the public hearing. Ken Lee, owners representative and land use consultant introduced the project team and thanked staff for quickly mobilizing to put tonight’s hearing together. VC/Rawlings asked for comments regarding the traffic study. Tom Huang , Traffic Engineer, responded that the design speeds were based on the speed limit on Diamond Bar Boulevard which is 50 mph. According to the downhill grade of between 3 and 6 percent, the sight distance analysis was based on the Caltrans and AASHTO standards, which translates to a minimum required ________________________________________________________________________ AUGUST 25, 2020 PAGE 4 PLANNING COMMISSION ________________________________________________________________________ site distance of about 550 feet. Based on this analysis, there is adequate site distance looking north for southbound oncoming traffic with an actual site distance of over 900 feet. CDD/Gubman responded to VC/Rawlings that the General Plan designation has always been residential on the subject property. However, there has always been an inconsistency between the General Plan designation, the underlying land use long-term plan for the site, and the zoning of commercial. From time to time there are errors and inconsistencies between the General Plan and the zoning and they must be consistent before any land use can be approved. VC/Rawlings said his concerns remain that this project is not one that he would support as is, even though he is open to hearing more from the applicants because he is particularly concerned about the character of the neighborhood and how this project would fit. He would prefer that the property be developed as commercial so that it would generate a return on investment for the property. Chair/Mok closed the public hearing. C/Wolfe said that the best use of this parcel certainly is not Neighborhood Commercial, which is an issue that has been addressed. While he would not purchase a house perched on a bluff overlooking a freeway, he believes in the property owner’s rights and the property owner and applicant have worked diligently for a long period of time with City staff to make sure the project meets the City’s requirements. C/Wolfe stated that In 2017 he requested the traffic analysis to make sure that this project was not going to create unsafe conditions, and while that traffic analysis certainly cannot adjust to every illegal behavior or poor decision that drivers make, law enforcement works to make sure that to the extent possible, there are not drivers who are not paying attention while they are driving, whether they are texting, reaching for the hamburger or whatever else they may be doing. With respect to comments regarding the dust and noise, every development in Diamond Bar and elsewhere creates dust and noise, which are temporary and the City’s standard conditions address this issue. He moved to recommend approval of the item at the June 23 meeting, and given the opportunity he will do so again this evening. C/Wolfe moved, Chair/Mok seconded, to recommend City Council approval of Zone Change and Development Review No. PL2015-253 as recommended by staff. Motion carried 4-1 by the following Roll Call vote: ________________________________________________________________________ AUGUST 25, 2020 PAGE 5 PLANNING COMMISSION ________________________________________________________________________ AYES: COMMISSIONERS: Barlas, Garg, Wolfe, and Chair/Mok NOES: COMMISSIONERS: VC/Rawlings ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: None 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman stated that tonight’s action was a recommendation only, and this matter will be reschedule for a hearing before the City Council with the City Council providing the final decision whether to approve or deny the project , or to approve it with modifications. When a date for the City Council hearing has been determined, the public will be notified. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Mok adjourned the regular meeting at 7:30 p.m. The foregoing minutes are hereby approved this 22nd day of September, 2020. Attest: Respectfully Submitted, __________________________________ Greg Gubman Community Development Director _______________________________ Kenneth Mok, Chairperson