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HomeMy WebLinkAbout09/13/2022MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 13, 2022 Consistent with State Assembly Bill 361, members of the Planning Commission were present or participate telephonically. Members of the public were encouraged to participate and address the Planning Commission during the public comment portion of the meeting either in person or via teleconference and for those wishing to attend the meeting in person, face coverings were recommended. CALL TO ORDER: Chair/Wolfe called the meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE: Chairman Wolfe led the Pledge of Allegiance. 1. ROLL CALL: Commissioners present: Naila Barlas, Mahendra Garg (telephonically); William Rawlings (telephonically); Vice -Chairperson Kenneth Mok, and Chairperson Raymond Wolfe Staff Present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Mayuko (May) Nakajima, Associate Planner; Dat Tran, Associate Planner; Stella Marquez, Administrative Coordinator, 2. APPROVAL OF AGENDA: As presented 3. PUBLIC COMMENTS: None Offered. 4. CONSENT CALENDAR: 4.1 Continued Use of Teleconferencing in accordance with Assembly Bill 361 for meetings of the Planning Commission subject to State Open Meeting Laws. 4.2 Minutes of the Planning Commission Special Meeting of July 27, 2022. 4.3 Minutes of the Planning Commission Regular Meeting of August 23, 2022. VC/Mok, C/ Barlas seconded, to approve Consent Calendar. Motion carried by the following RoII Call vote with C/Rawlings abstaining on Items 4.2 and C/Garg unable to respond due to his inability to hear the proceedings. SEPTEMBER 13, 2022 2 PLANNING COMMISSION AYES: COMMISSIONERS: Barlas, VC/Mok, Rawlings, Chair/Wolfe NOES: COMMISSIONERS: None ABSTAINED: COMMISSIONERS: Rawlings (Item 4.2) ABSENT: COMMISSIONERS: Garg 5. OLD BUSINESS: None 0 NEW BUSINESS PUBLIC HEARING(S): None 7.1 Extension of Time for Develoament Review No. PL2018-10©—Under the authority of Diamond Bar Municipal Code Section 22.66,050, the applicant and property owner requested a one-year time extension for Development Review No. PL2018-100. The project consists of the demolition of an existing 1,562 square foot residence to facilitate the construction of a 2,527 square foot single family residence with an 821 square foot garage and 782 square feet of patio/porch/balcony area on a 27,034 square foot site. The project was approved on April 28, 2020, and was set to expire on April 27, 2022. An Extension of Time may be granted up to a maximum of one year from the expiration date. The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low Density Residential, PROJECT ADDRESS: 340 Fern Place Diamond Bar, CA 91765 APPLICANT: Bao Pham BPD Engineering 13902 Harbor Boulevard, Unit #2A Garden Grove, CA 92843 PROPERTY OWNER: Alan Lim 340 Fern Place Diamond Bar, CA 91765 AP/Tran presented staff's report and clarified an error in the staff report and resolution. AP/Tran stated that the correct square footage of the original Development Review approval was 2,658 square feet of livable space (instead of 2,527 square feet) and 1,008 square feet of patio/porch/balcony area (instead of 782 square feet). AP/Tran recommended that the Planning Commission approve the Extension of Time for Development Review No. PL2018-100, based on the Findings of Fact, and subject SEPTEMBER 13, 2022 3 PLANNING COMMISSION to the Conditions of Approval as listed within the revised Resolution, with the new square footage noted. VC/Mok asked for a summary of activities relating to the time extension request since expiration. AP/Tran responded that the applicant has been working with staff to resolve remaining issues with grading and building permits, while working with staff to process the time extension request. The grading permits will require additional staff review, but the building permits are completed and pending approval of the time extension. C/Garg asked if the one-year time extension will allow the applicant to start construction. AP/Tran responded that the owner intends to start construction as soon as possible and has indicated intent complete the project within nine -month period following approval of the time extension. C/Barlas asked if the approval date of the time extension begins on the date of the application. AP/Tran explained that the time extension would be retroactively dated to April 2022, and that the original approval (Development Review PL2018-100) would again expire in April 2023, Chair/Wolfe opened the public hearing. AC/Marquez read a letter received from a resident, Tarek Elsharhawy, regarding this item, a copy of which was provided to Commissioners. Chalfe stated that the letter requesting the applicant be admonished to provide certain information was not within the purview or authority of the Commission and asked that the other Commissioners proceed only with authorities vested with the Commission. ChairlWolfe closed the public hearing. C/Garg asked if the applicant was allowed to apply for additional time extensions in the future. CDD/Gubman responded that staff would need to check the Diamond Bar Municipal Code to see whether one or two additional time extensions could be granted for the project. CDD/Gubman explained that they would be allowed to request at minimum one additional time extension. CDD/Gubman also explained that if the applicant received approval of building permit plans and began construction of the project, additional time extensions would not be required. SEPTEMBER 13, 2022 4 PLANNING COMMISSION C/Rawlings moved, C/Garg seconded, to approve the Extension of Time for Development Review No. PL2018-100, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the revised Resolution. VC/Mok re-emphasized that the City responsibility is in reviewing the time extension request and not to investigate the financial health of owners. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review and Minor Conditional Use Permit No. PL2022-23 —Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant and property owner requested Development Review approval to construct the following improvements to an existing 1,698 square -foot, one-story single-family residence; • A 970 square -foot, second -story addition with an 18 square -foot balcony; • A 50 square -foot front porch; • Conversion of the 450 square -foot garage into a Junior Accessory Dwelling Unit (JADU); and • A comprehensive remodel of the interior and exterior of the residence in conjunction with the new construction. A Minor Conditional Use Permit was concurrently requested to allow the continuation of the following non -conforming development features: and 7' side setbacks (where 5 feet on one side and 10 feet on the other side is required); 8'-6" and 8'-11" distances between adjoining structures (where 15 feet is required); and • A 10'-6" rear setback (where 20 feet is required). PROJECT ADDRESS: 20948 Moonlake Street Diamond Bar, CA 91789 APPLICANT: Efrain Coronado 151 S. 9ih Avenue #A City of Industry, CA 91746 SEPTEMBER 13, 2022 5 PLANNING COMMISSION PROPERTY OWNER: Javier Mendoza 20948 Moonlake Street Diamond Bar, CA 91789 AP/Nakajima presented staff's report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit Planning Case No. PL2022-23, based on the Findings of Fact, and subject to the Conditions of Approval within the Resolution. Chair/Wolfe opened the public hearing. Richard Sanchez, the neighbor to the west of the project, said he was concerned about privacy. CDD/Gubman explained that the windows on the first floor would be obscured by landscaping and the second -floor plan calls for the small window on the second story to be stepped in 20 feet back from the wall facing the neighbor. AP/Nakajima added that the second -floor window on the second -floor west elevation is a smaller window, but could be changed to a rectangular, transom -style if it would alleviate the neighbor's concern. The applicant explained that the second story window will be installed high up to provide lighting for the second story stairwell only and does not offer visibility into or out of personal space. Stephen Saiz, neighbor to the east of the project, explained that the issue of the second story window was discussed with the applicant and staff, and was resolved to his satisfaction. His main concern was that any remaining asbestos would be mitigated during construction so as not to affect the neighbors. VC/Mok complimented Mr. Saiz and the applicant for reaching concurrence amicably. Chair/Wolfe closed the public hearing. AP/Nakajima responded to C/Barlas that asbestos remediation is a Building and Safety condition and the applicant will need to contact AQMD to make certain they obtain the proper clearance before any work is done. Page 13, Condition 11 states that AQMD notification is required at least 10 days prior to commencement of demolition work. C/Rawlings moved, C/Barlas seconded, to approve Development Review and Minor Conditional Use Permit Planning Case No. PL2022-23, based on the Findings of Fact and subject to the Conditions of Approval within the Resolution, including the change recommended by staff. Motion carried by the following Roll Call vote: SEPTEMBER 13, 2022 6 PLANNING COMMISSION AYES: COMMISSIONERS: Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Tentative Parcel Map No. 83708 and Parking Permit No. PL2022-07 — The applicant requested approval to subdivide an existing 2.09-acre commercial property into two separate parcels. No new construction is proposed and there will be no physical changes to the buildings and property. The following entitlements are required 1) Tentative Parcel Map No. 83708 to subdivide an existing commercial property into two separate parcels; and, (2) Parking Permit to share driveway access and parking between the newly created properties. The subject property is zoned Community Commercial (C-02) with an underlying General Plan Land Use designation of General Commercial (C). PROJECT ADDRESS: 2020 S. Brea Canyon Road Diamond Bar, CA 91789 APPLICANT: Sarah Bova Thienes Engineering, Inc. 14349 Firestone Boulevard La Mirada, CA 90638 PROPERTY OWNER: Nathaniel E. Williams Metro Properties. L.L.C. 15243 La Cruz Drive #661 Pacific Palisades, CA 90272 SP/Lee presented staffs report and recommended that the Planning Commission recommend to the City Council, approval of Tentative Parcel Map and Parking Permit No. PL2022-07, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the Resolution. Chair/Wolfe opened the public hearing. Chair/Wolfe closed the public hearing. VC/Mok moved, C/Barlas seconded, to recommend to the City Council, approval of Tentative Parcel Map and Parking Permit No. PL2022-07, 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: SEPTEMBER 13, 2022 7 PLANNING COMMISSION AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Barlas, Garg, Rawlings, VC/Mok, Chair/Wolfe None None 8. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS: VC/Mok reported that he participated during evening sessions of the Charrette and said t was great to see everyone including members of the community who expressed their desires for the upcoming town center, and hoped the City would continue its momentum. C/Barlas and C/Rawlings were unable to attend the meetings and thanked VC/Mok for the update. C/Rawlings thanked staff for their extensive work with applicants on the substantial projects that have come before the City. Chair/Wolfe thanked C/Rawlings for pointing out staffs contributions which are very important and too often overlooked and taken for granted. There is a fair amount of construction work occurring near the City offices and he encouraged people driving drive through the area to be aware and pay attention to their speed so that construction workers remain safe as they go about their business. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman stated that there are no agenda items for September 27"` and the Planning Commission will reconvene on October 11'h for re -adoption of AB 361 and one potential public hearing item. In addition to VC/Mok's report on the Charrette, the consultants received a lot of input which was translated onto drawings and the next steps are to offer alternatives that incorporate the key principles that have been defined for the Specific Plan, to set up a joint Study Session for the Planning Commission and City Council early next year to discuss which alternative configuration best reflects what the community envisions for the design of the Town Center, and then go back to the community for a Community Workshop tentatively scheduled to take place in March 2023 for the next phase in the Specific Plan process. In addition, the City's website offers an option for residents to subscribe and receive updates regarding the project. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. SEPTEMBER 13, 2022 8 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Wolfe adjourned the Regular Planning Commission meeting at 7:24 p.m. The foregoing minutes are hereby approved this 25th day of October, 2022, Attest: Respectfully Submitted, Greg Gubman, Community Development Director Raymo Wolfe, &airperson