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Home My WebLink About06/28/2016 PC MinutesMINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION JUNE 28, 2016 wlffffl§• •. Chair/Mahlke 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: Chair/Mahlke led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Raymond Wolfe, Vice Chairperson, and Jennifer Mahlke, Chairperson Absent: Commissioners Naila Barlas and Ken Mok Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Mayuko (May) Nakjima, Associate Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Cynthia Smith, Bellows Court, asked for help in understanding the CEQA determination of categorical exemption that is usually applied to all single family dwelling projects. RESPONSE TO PUBLIC COMMENTS: CDD/Gubman stated in response to the speaker that the CEQA Guidelines include a "categorical exemptions" section that includes new single family residences up to a certain number of residences (1-4), as well as for additions of "less than 10,000 square feet for non-residential, and for no specified square footage for residential" to existing structures (additions). VC/Wolfe stated that the exemption applies regardless of any other requirements that are stipulated in CEQA. It is very specific to single-family homes between 1 and 4 units in a project. Chair/Mahlke reopened public comments: Ms. Smith said that if one reads the CEQA law in context it names that exemption, but if one continues reading, it says that exemption may not be applicable to a JUNE 28, 2016 PAGE 2 PLANNING COMMISSION 193 4. residence that is located where the project would impact a sensitive environmental area. She wanted to know how the City's Planning Department comes to that determination. Chair/Mahlke closed the public comments: CDD/Gubman further stated that all residential projects except for subdivisions such as Site D, Willow Heights or South Pointe West, where the land was already subdivided, the environmental determination was made at the time of the subdivision. If there is evidence of environmental constraint to the area, that overrides the exemption. So in the absence of any evidence to the contrary, the categorical exemption applies. APPROVAL OF AGENDA: As presented CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of June 14, 2016. Chair/Malke moved, VC/Wolfe seconded to approve the Minutes of the Regular Meeting of June 14, 2016, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS 7. PUBLIC HEARING(S): 71 mll - None -Farago, VC/Wolfe, Chair/Mahlke None Barlas, Mok 7.1 Development Review No. PL2015-453 — Under the authority of Diamond Bar Municipal Code Section 22.48 the applicant/property owner requested Development Review to construct a 691 square -foot, two-story addition to an existing two-story single family residence on a 17,380 square -foot (0.4 acre) lot. The subject property is zoned Low/Medium Density Residential (RLM) with an underlying General Plan land use designation of Low Density Residential (RL). JUNE 28, 2016 PAGE 3 PLANNING COMMISSION PROJECT ADDRESS 21725 Santaquin Drive Diamond Bar, CA 91765 Mike Miao 1966 Chestnut Creek Road Diamond Bar, CA 91765 AP/Nakajima presented staff's report and recommended Planning Commission approval of Development Review No. PL2015-453, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Chair/Mahlke opened the public hearing. Mike Miao said he was present to thank the Commission for their consideration. He said he designed the project and that he would respond to questions. Claudia Yeager, 21726 Santaquin (across the street from the project) said she had no complaints about the house. Her only concern was with parking. Currently there are several cars at the property and sometimes they park their cars in front of their house and neighbors are concerned about what will happen to their parking spots during construction. She was hoping that there would be no construction vehicles parked in front of their house for an extended period of time because there is a parking issue now. When her family comes to visit they are forced to park down the slope or up in front of the neighbor's house. When she left her house today there was no one parked in the subject property's driveway but instead, someone was parked in front of her house. Mr. Miao introduced himself to Mrs. Yeager and said that his son is temporarily living at the project site and after construction is permitted, his son will move away from the property. He thanked Mrs. Yeager for reminding him about the parking issue and said he would remind his son to not allow his friends to park across the street in front of the neighbor's house. He said that he would follow the rules of construction and make sure they properly park during construction hours and that they should not interrupt the neighbors. After construction, he and his wife will live there and there should be no parking problem. Chair/Mahlke closed the public hearing. JUNE 28, 2016 PAGE 4 PLANNING COMMISSION N a VC/Wolfe stated that there are specific hours during which construction can occur and there will be construction vehicles allowed to park on the public street. It sounds like the owner will do his best to limit the parking and he agreed that it was nice that there was an opportunity for interaction to occur. VC/Wolfe moved, Chair/Mahlke seconded, to approve Development Review No. PL2015-453, 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: Farago, VC/Wolfe, Chair/Mahlke NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Barlas, Mok Chair/Mahlke congratulated the applicant on his beautiful design. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman wished the Commissioners a Happy 4th of July. Because there is no business for the July 12 agenda, the meeting will go dark and the next Planning Commission meeting will take place on July 26 with several items on the agenda including the massage ordinance. For the past year and one-half, the City has had a moratorium on new message establishment openings and this ordinance is being prepared in response to new legislation that went into effect at the beginning of 2015, which returned local authority for the regulation of massage establishments. Since 2009, the City had no discretion over the establishment of massage establishments; however, with the return of local authority with specified criteria, the City is able to impose regulations and permit requirements. Staff has been working for quite some time on an ordinance that would protect the community from potential harmful effects of illicit massage establishments. Staff will present the draft ordinance to the Commission on July 26 and ask the Commission to make its recommendation to the City Council that the ordinance be adopted. Also on July 26 there will be a Conditional Use Permit to legalize the relocation of a karate studio in the shopping center on Palomino Drive. Also on the agenda is a residential addition. JUNE 28, 2016 PAGE 5 PLANNING COMMISSION CDD/Gubman stated that last Tuesday, the City Council approved the $1 million Consulting Services Agreement with Dyett & Bahtia to prepare the General Plan Update. Staff expects the project to take about three years to complete and the process will begin very soon. This is the largest professional consulting services contract the City has ever approved. Council asked numerous questions to make sure staff fully vetted the proposed consultant and staff did its due diligence to ensure that the expenditure is appropriate for the scope of the undertaking. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. Chair/Mahlke reminded everyone about the continuing Concerts in the Park and Movies under the Stars events every Wednesday, a great community and family event. For the 4t" of July Holiday, City offices are closed and another way that Diamond Bar takes care of its community is to provide an opportunity to hang out and be safe on the 4t" of July at the Diamond Bar High School where all of the events are free and fun. ADJOURNMENT: With no further business before the Planning Commission, Chair/Mahlke adjourned the regular meeting at 7:29 p.m. to July 26, 2016. The foregoing minutes are hereby approved this 26th day of July, 2016. Attest: Respectfully Submitted, Greg Gubman Community Development Director )�C_ Raymo& Wolfe, Vice Chairperson