HomeMy WebLinkAbout03/28/2017 PC MinutesMINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
MARCH 28, 2017
CALL TO ORDER:
Chair/Wolfe called the meeting to order at 7:00 p.m. in the Windmill Room, 21810 Copley
Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL:
C/Mahlke led the Pledge of Allegiance.
Present: Commissioners Naila Barlas, Frank Farago,
Jennifer "Fred" Mahlke, Vice Chair Ken Mok,
and Chair Raymond Wolfe
Also present: Greg Gubman, Community Development
Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; May
Nakajima, Associate Planner; and Stella Marquez, Administrative Coordinator,
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As presented
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of March 14, 2017:
C/Mahlke moved, VC/Mok seconded, to approve the Minutes of the Regular
Meeting of March 14, 2017, as presented. Motion carried by the following
Roll Call vote:
AYES: Barlas, Farago, Mahlke VC/Mok,
None
Chair/Wolfe
None
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
MARCH 28, 2017 PAGE 2 PLANNING COMMISSION
5.
R
VA
OLD BUSINESS: None
NEW BUSINESS: None
PUBLIC HEARING(S):
7.1 Development Review No. PL2016-31 — Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant and property owner
requested Development Review approval to demolish an existing single
family residence and construct a 12,037 square foot single family residence
with 2,543 square feet of garage area on a 1.46 gross acre (63,958 gross
square foot) lot. The subject property is zoned Rural Residential (RR) with
an underlying General Plan land use designation of Rural Residential.
PROJECT ADDRESS:
PROPERTY OWNER:
24042 Falcons View Drive
Diamond Bar, CA 91765
Shaolun Ku and Yuling Lin
160 Commerce Way
Walnut, CA 91789
APPLICANT: Hunter Wu
556 N. Diamond Bar Blvd, Suite 305
Diamond Bar, CA 91765
AP/Nakajima presented staff's report and recommended Planning
Commission approval of Development Review No. PL2016-31.
Chair/Wolfe opened the public hearing.
Hunter Wu, applicant, introduced the owner and landscape architect who
were present. Mr. Wu stated that Mr. Ku has a home in The Country Estates
and wants a nice home for his family which is the purpose for this
application.
Chair/Wolfe closed the public hearing.
C/Mahlke moved, C/Farago seconded, to approve of Development Review
No. PL2016-31. Motion carried by the following Roll Call vote:
MARCH 28, 2017 PAGE 3 PLANNING COMMISSION
10.
AYES: COMMISSIONERS: Barlas, Farago, Mahlke, VC/Mok
Chair//Wolfe
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
Chair/Wolfe thanked the applicant and property owner for presenting the
Commission with a very nice plan and hoped the owners would spend many
years with their family in the City of Diamond Bar and community of The
Country Estates.
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None
STAFF COMMENTS/INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
CDD/Gubman updated the Commission on the three -lot Tentative Parcel
Map on Timbertop item it recently considered. On March 21, 2017, the City
Council approved, by a 5-0 vote, the Tentative Tract Map with an additional
condition crafted by the City Attorney. Based on additional research into
the City's Subdivision Code, although the City Council agreed with staff that
the proposed subdivision met all of the subdivision requirements of the
Municipal Code and Subdivision Map Act, the City still had authority to
impose conditions of approval. There was language in the Subdivision
Ordinance that said among those conditions the City can impose would be
those that are deemed necessary by the review authority to achieve
compatibility between the proposed subdivision, its immediate surroundings
and the community. So, on that basis, the City Attorney drafted a condition
(Condition #10) that stated that prior to Final Map approval, the applicant
will need to provide evidence that they complied with any CC&Rs applicable
to the property or alternatively provide evidence that no such approvals are
required. By doing so, they maintained the discretionary authority to impose
conditions on a project that they essentially had to approve, but when the
Final Map comes before them for approval to record (which is not
discretionary), the condition requiring HOA approval will have to be fulfilled.
So staff managed to extricate the City from whatever dispute might exist
among the applicant and the HOA and they can move forward. The
outcome was fairly positive. The legal counsel for the HOA, although he
MARCH 28, 2017 PAGE 4 PLANNING COMMISSION
stated that their first choice would have been for the City Council to deny
the subdivision request, if the City Council was inclined to approve it, the
HOA was willing to accept that decision with that condition of approval and
the applicants also accepted that condition. So this matter was approved
and it is now between the applicant and the HOA to resolve their differences
which, if they do, great, or if they come up with some compromise, great
and if they do not, the City does not have to be concerned because the
applicant would not be in compliance with the Conditions of Approval and
the Final Map would not go forward. Staff appreciates its great legal
counsel for identifying that additional language in the Subdivision Code
which led to the resolution of the matter.
CDD/Gubman reminded the Commission that the Joint City
Council/Planning Commission General Plan Update meeting is scheduled
for tomorrow evening in the Windmill Room beginning at 6:30 p.m. On
Thursday night, M/Lin will present the State of the City at the Diamond Bar
Center. The next scheduled Planning Commission would have been
April 11 and because there are no agenda items, the meeting will go dark.
The next meeting is scheduled for April 25 with three items currently on the
agenda. 1) Staff is completing the FY 2017-18 budget and part of that
budget is the Capital Improvement Program (CIP) that requires (state
mandate) that the Planning Commission find that the CIP is in conformance
with the General Plan and staff will present the Commission with its findings
of consistency of the CIP with the General Plan. 2) There is another
Development Review application for a new single-family residence in The
Country Estates on Derringer Drive. 3) An addition to an existing single-
family residence on Hawkwood at the southern end of the City.
11. SCHEDULE OF FUTURE EVENTS:
Chair/Wolfe reminded everyone that the City's Annual Birthday Party will take
place on Saturday, April 8 at Pantera Park beginning at about 11:00 a.m.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Mahlke adjourned the regular meeting at 7:16 p.m.
MARCH 28, 2017 PAGE 5 PLANNING COMMISSION
The foregoing minutes are hereby approved this 25th day of April, 2017.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Raymond Wolfe, Cp`airp son