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Home My WebLink About02/13/2024MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 13, 2024 CALL TO ORDER: Chair/Rawlings called the meeting to order at 6:30 p.m, in the City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Chair Rawlings led the Pledge of Allegiance. ROLL CALL: Commissioners Naila Barlas, Mahendra Garg, Vice Chair Ruben Torres, Chair William Rawlings ABSENT: Commissioner Raymond Wolfe STAFF PRESENT: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Planning Manager; Mayuko Nakajima, Senior Planner; Dat Tran, Associate Planner; and Stella Marquez, Administrative Coordinator 2. APPROVAL OF AGENDA: As Submitted 3. PUBLIC COMMENTS: None Offered. 4. CONSENT CALENDAR: 4.1 Minutes of the August 22, 2023, Regular Planning Commission Meeting. L2 Minutes of the January 23, 2024, Regular Planning Commission Meeting. VC/Torres moved, C/Garg seconded, to approve the Minutes of the August 22, 2023, and Minutes of the January 23, 2024, Regular Planning Commission meetings. Motion carried by the following Roll Call vote: AYES NOES: ABSENT: ABSTAIN: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: OLD BUSINESS: None Barlas, Garg, VC/Torres, and Chair/Rawlings None None Wolfe FEBRUARY 13, 2024 2 PLANNING COMMISSION 5. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Development Review and Tree Permit No. PL2023-53 -Under the authority of DBCC Sections 22.38 and 22.48, the applicant and property owners are requesting Development Review approval to demolish an existing 3,888 square -foot residence and construct a new 4,662 square -foot, two-story, single-family residence with a 726 square -foot attached garage, 263 square feet of balcony area, 1,000 square -foot accessory dwelling unit with 60 square - foot porch, swimming pool and rear yard improvements on a 1.3 gross acre lot. A Tree Permit is also requested to remove three (3) protected California black walnut trees and replace with nine (9) coast live oak trees on site. The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: 2330 Indian Creek Road Diamond Bar, CA 91765 PROPERTY OWNER: Joy Pingwei Pan and Jianmei Wang 2375 Vineyard Street Upland, CA 91786 APPLICANT: Michael Wang 2636 Corralitas Drive Los Angeles, CA 90039 SP/Nakajima presented staff's report and recommended Planning Commission approval of Development Review and Tree Permit No. PL2023-53, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the Resolution. Chair/Rawlings opened the public.hearing. James Hajirnia, 927 Pantera Drive, Diamond Bar, CA, asked the square footage of the proposed house. SP/Nakajima responded 4,662 square feet. Yao Wang, property owner, had no comments and wanted only to notify Commission and staff that she joined the meeting telephonically. Chair/Rawlings closed the public hearing. FEBRUARY 13, 2024 PLANNING COMMISSION C/Garg moved, VC/Torres seconded, to approve Development Review and Tree Permit No. PL2023-53, based on the Findings of Fact and subject to the Conditions of Approval as listed within the Resolution. Motion carried 3-1 by the following Roll Call vote: AYES: COMMISSIONERS: Garg, VC/Torres, and Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Wolfe ABSTAINED: COMMISSIONERS: Barlas 7.2 Development Review No. PL2023-66 — Under the authority of DBCC Section 22.48, the applicant and property owner are requesting Development Review approval to add 1,646 square feet of first and second floor living area, and 92 square feet of balcony space to an existing 1,884 square -foot, two- story, single-family residence on a 9,305 gross square -foot lot. The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low Density Residential, PROJECT ADDRESS: PROPERTY OWNER: 915 Pantera Drive Diamond Bar, CA 91765 Luc Le 915 Pantera Drive Diamond Bar, CA 91765 APPLICANT: Walt Patroske 2132 S. Grove Avenue, Unit F Ontario, CA 91761 AP/Tran presented staffs report and recommended Planning Commission approval of Development Review No. PL2023-66, based on the Findings of Fact, and subject to the Conditions of Approval as listed within the Resolution. C/Barlas asked if the square footage of the proposed addition includes the unpermitted gazebo. AP/Tran responded that the square footage of the proposed addition does not include the gazebo. The approval will include legalizing the existing 118 square -foot gazebo in addition to the proposed residential addition. FEBRUARY 13, 2024 4 PLANNING COMMISSION C/Garg, in reference to one of the written comments received, asked what "alternative options" to the proposal would make the project less disruptive to the neighborhood. AP/Fran responded to C/Garg that potential alternatives to the project are speculative, and any construction would result in noise and other construction -related impacts that could not be significantly reduced. AP/Tran responded to C/Garg that the proposed project meets all the City's development standards and codes and is consistent with the General Plan. VC/Torres asked about the timeline for the project. CDD/Gubman responded that the applicant could respond to that question. VClt'orres asked if there were any changes to the height of the residence. AP/Tran responded that the height of the house would be increased by two feet. The height of the addition in the rear is lower and will blend into the massing of the main building. Chair/Rawlings asked whether the attempt to minimize building footprint was focused on the front only, or if the sides and rear were considered as well. AP/Tran responded that the focus was on minimizing the scale of the building as seen from the front. However, the scale of the structure was also minimized on the side through the use of design elements such as lowered roofs and wall articulations. C/Barlas asked whether short-term rentals are permitted. AP/Tran responded to O/D arlas that short-term rentals such as Airbnb are not allowed in Diamond Bar, and Code Enforcement would address and take appropriate action when there are reports of short-term rental activities. C/Barlas confirmed that the City has been proactive. Chair/Rawlings opened the public hearing. James Hajirnia, 927 Pantera Drive, Diamond Bar, CA asked to clarify the size of the residence and the lot size. It Patroske, Applicant, was available to answer questions. He concurred with AP/Tran's statements that were provided to the Commission. He answered that construction will take about eight months to a year. There will FEBRUARY 13, 2024 5 PLANNING COMMISSION not be large cranes as it is standard construction with a small footprint. He has worked in Diamond Bar on several projects and is aware of working to comply with the Building Code as well as erosion control measures. C/Garg asked about construction hours. James Hajirnia, 927 ran era Drive, Diamond Bar, CA reiterated his concerns that were submitted in his emails. In addition, he is concerned with the construction working hours and impact of the addition on the character of theneighborhood. He also expressed concerns that, due to the curviness of Pantera Drive, trucks and contractors on the road will create safety concerns. Tony, next -door neighbor to construction, expressed his concerns of the potential for hillside erosion, construction size and construction disturbance. Fenny, next -door neighbor to construction, opposed the project and expressed her concerns as it is close to an elementary school and construction traffic will be a danger for children. C/Rawlings closed the public hearing. C/Rawlings asked what remedial measures can be taken by the City to address the hillside conditions. AP/Tran responded that the Diamond Bar City Code only permits the City Engineer to require a grading plan and geotechnical report under certain listed conditions, which would not apply to this project. C/Rawlings clarified his question, to ask what types of measures can be taken in the event that hillside conditions deteriorate during or after construction. CD/Gubman responded to C/Rawlings that if there were hillside issues, the Building Official would red -tag the property if deemed potentially dangerous, and the owner would be provided instructions to remediate. A civil engineer would create a shoring plan for the short-term and would need to develop a long-term plan before construction could resume. C/Garg asked whether the. Planning Commission can do anything to address the concerns regarding construction hours. CD/Gubman responded to C/Garg that the Development Code states that construction may only occur between 7 a.m. and 7 p.m., Monday through Saturday, but in practice, construction activity rarely extends past 5 p.m. CD/Gubman cautioned the Commission to consider a decision to stricter limits on this project because there does not appear any basis to warrant shorter construction hours than other residential projects FEBRUARY 13, 2024 6 PLANNING COMMISSION f� 9. Chair/Rawlings commented that at first, he was concerned with the size of the building and that it may be out of character with the neighborhood. However, after looking at the plans, it was designed to best minimize views from the street. C/Barlas commented that she was not too concerned, as the City evaluates every step. ACA/Eggart provided the Commission with their options to approve, deny or continue this project. C/Barlas moved, C/Garg seconded, to approve Development Review No. PL2023-66, based on the Findings of Fact and subject to the Conditions of Approval as listed within the Resolution. Motion carried 4-0 by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, VC/Torres, and Chair/Rawlings NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Wolfe C/Rawlings commented that he was appreciative of comments from neighbors, as it helps guide his decisions. PLANNING COMMISSION COMMENTS/INFORMATION ITEMS: C/Barlas conveyed her appreciation to staff. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman reported that the February 27, 2024, Planning Commission meeting will be cancelled because the Windmill Room will be used as a voting center. The General Plan annual Status Report and updated CEQA VMT thresholds will be on the March 12, 2024, agenda. 10. SCHEDULE OF FUTURE EVENTS: As noted in the agenda. FEBRUARY 13, 2024 7 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Rawlings adjourned the Regular Planning Commission meeting at 7:34 p.m. The foregoing minutes are hereby approved this 12th day of March, 2024. Attest: Respectfully Submitted, Greg Gubman, Community Development Director )ex� R ben Torres, Chair