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Home My WebLink About09/08/2015 MinutesMINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 8, 2015 CALL TO ORDER: Chair/Low 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: C/Farago led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Bob Nishimura, Raymond Wolfe, Jennifer "Fred" Mahlke, Chairperson Ruth Low Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Natalie T. Espinoza, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Michelle Yi, 2865 Woodbridge Court, Board President, Diamond Bar Country Estates Association, presented a petition opposing the installation of a cell tower within the community and recited the reasons for the opposition contained in the petition. Theresa Lee, 22379 Kicking Horse Drive, spoke about removal of trees and grading without permits by the Millennium Development project. CDD/Gubman responded to Ms. Yi stating that the cell tower matter has been submitted to the City but has not yet been scheduled for Planning Commission consideration. When it is scheduled for public hearing the matter will be heard and evidence will be presented with staff's recommendation and Commission consideration. In such matters there are appeal processes that can be followed after the decision is rendered. Submitting the petition to staff this evening enters it into the administrative record for this project, but it is not allowed to be submitted into the public hearing record. In short, when the public hearing is held, in order for it to be accepted as part of the public hearing record, another copy or an updated copy of that petition would have to be presented at that time. SEPTEMBER 8, 2015 PAGE 2 PLANNING COMMISSION Chair/Low asked if the information presented by Ms. Lee could be discussed or considered this evening. CDD/Gubman responded that there was a Tree Removal Permit granted around 2008 and there was a Clear and Grub Permit granted about the same time which coincided with the economic downturn. The intent at that time was to clear the site under the supervision of a biological monitor for reporting to the California Fish & Wildlife Department and to document the tree removals as part of the larger mitigation package for the site. The reason for the clearing was to have it completed prior to nesting season so that the site would not be encumbered when the grading took place. In short, there was permission granted to remove the trees. Whether or not the photos depict unpermitted grading, he would not be qualified to comment. However, the matter will be forward to the Public Works Department for a response to the speaker. Staff has been in communication with The Country's HOA board and will follow through. 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of August 25, 2015. C/Farago moved, C/Nishimura seconded, to approve the Minutes of the August 25, 2015, Meeting as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS: COMMISSIONERS: None Farago, Nishimura, Wolfe, VC/Mahlke, Chair/Low None None 6.1 Development Review and Minor Conditional Use Permit No. PL2015-47. This matter has been postponed at the applicant's request and will be re - noticed for a future hearing date. SEPTEMBER 8, 2015 PAGE 3 PLANNING COMMISSION rJ PROJECT ADDRESS: 1222 Calbourne Drive Diamond Bar, CA 91765 CDD/Gubman stated that no Commission action was required. 6.2 Comprehensive Sign Program No. 1311-2015-396. The applicant has withdrawn the application. PROJECT ADDRESS: 21450 Golden Springs Dr., LLC Diamond Bar, CA 91765 CDD/Gubman stated that no Commission action was required. PUBLIC HEARING(S): 7.1 Conditional Use Permit No. PL2015-300 — Under the authority of Diamond Bar Municipal Code (DBMC) Section 22.58, the property owner and applicant requested a Conditional Use Permit to operate an 815 square foot art studio with ancillary retail sales located within a 42,214 square foot office building. The subject property is zoned Neighborhood Commercial (C-1) with an underlying General Plan land use designation of Professional Office. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 3333 Brea Canyon Road, Unit 220 Diamond Bar, CA 91765 Arco Office Investment, LLC. 17528 Rowland Street City of Industry, CA 91748 AP/Espinoza presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL2015-300, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Low asked if accessible spaces were provided in the parking allocation and AP/Espinoza stated that they are a part of the overall 122 parking spaces. The project site was recently updated at which time the accessible spaces were updated (to current standards) as well. Chair/Low opened the public hearing. SEPTEMBER 8, 2015 PAGE 4 PLANNING COMMISSION P P1 With no one present who wished to speak on this matter, Chair/Low closed the Public Hearing. C/Nishimura moved, VC/Mahlke seconded, to approve Conditional Use Permit No. PL2015-300, based on the Findings of Fact, and subject to the conditions of approval as Fisted within the resolution and corrected by staff. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Farago, Nishimura, Wolfe, VC/Mahlke, Chair/Low None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nishimura thanked residents and students in attendance and stated that it was encouraging to see that individuals were participating in City government. At the September 15 City Council Meeting, the Diamond Bar Girls Softball Team that went to the state tournament will be recognized. C/Wolfe encouraged everyone to be prepared and remain safe in the hot weather. Chair/Low thanked the audience for their participation and staff for a great job and due diligence in keeping up with all that is going on in the City. She hoped that everyone had a good Labor Day. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman reported that there are no agenda items for the September 22, 2015, meeting and the meeting will go dark. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. SEPTEMBER 8, 2015 PAGE 5 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Low adjourned the regular meeting at 7:35 p.m. to October 13, 2015. The foregoing minutes are hereby approved this 13th day of October, 2015. Attest: Respectfully Submitted, Greg Gubman Community Development Director Ruth Low, Chairperson