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HomeMy WebLinkAbout5/10/2005MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 10, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 2 3 4. ROLL CALL: Present: Chairman Joe McManus, Vice Chairperson Ruth Low, and Commissioners Dan Nolan, Jack Tanaka and Steve Tye. Also present: James DeStefano, Assistant City Manager, Nancy Fong, Planning Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant and Stella Marquez, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS APPROVAL OF AGENDA: As Presented. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of April 26, 2005. None Offered. C/Nolan moved, C/Tye seconded to approve the minutes of the Regular Meeting of April 26, 2005 as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS 5.1 Form Based Development Code. PM/Fong presented staffs report. Nolan, Tye, Tanaka, VC/Low, Chair/McManus None None MAY 10, 2005 Page 2 PLANNING COMMISSION C/Tye asked if PM/Fong agreed with the recommendation that the City's zoning should be thrown out and completely replaced by the form based code. PM/Fong said that she disagreed with the statement because she believed the City's code is fundamentally good. If the Commission wanted to add more design criteria to illustrate what should be seen with respect to the building form, it could be done without throwing out the existing code. Also, there are other articles that promote supplementing a city's current code. PM/Fong agreed with Chair/McManus that the right mix of uses certainly would reduce short trips and vehicular traffic. A City would have to create the proper environment that would invite pedestrians to walk safely through neighborhoods. Chair/McManus said he would like to see the City move in a new direction in the future by considering projects in a new light. ACM/DeStefano felt that opportunities for this type of mixed-use development would be more likely in areas such as Kmart and the golf course. Unfortunately, there were not a lot of remaining opportunities for such intensity in Diamond Bar. Chair/McManus wondered if Site D was a possibility. ACM/DeStefano responded that the developer quickly dismissed the original option to provide a mixed-use atmosphere. ACM/DeStefano explained that the school district was in the beginning of the second year of a two-year escrow with a one- year option and that Site D remained stagnant due to an impasse between the City and Lewis retail. C/Nolan felt that going forward as the opportunity arose staff could present projects from the traditional standpoint and from the form based code basis. However, he felt a form -based code was somewhat "smoke and mirrors" when mixed-use projects could be created under the City's current code. Chair/McManus said from his perspective the form based code created a whole new ambiance within the community and made it much more livable and user-friendly. C/Tye felt it was anothertool in the toolbox but it would not require the City to throw out the current code and start over. However, where appropriate and where it would create a better product the City should use it. VC/Low agreed with C/Nolan that there were not enough spaces to see a functional unifying theme throughout and within the City. MAY 10, 2005 Page 3 PLANNING COMMISSION Chair/McManus said that Transamerica put Diamond Bar in its current state and he felt it would benefit the City over the long term to initiate a form -based code. VC/Low agreed that it would be a good direction. However, if the City took form base to its extreme there could be a multitude of uses within a building. PM/Fong said that many of the cities the Planning Advisory surveyed have a combination of both types of codes. ACM/DeStefano responded to Chair/McManus that with consensus staff would develop a memorandum to City Council that would discuss the Planning Commission's desire to implement where possible and appropriate, these tools and techniques and begin to look at some of the developable spaces such as Site D, Kmart and others to see if the current code should be modified to set a new tone for the future. 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Development Review No. 2005-06 Minor Conditional Use Permit No. 2005-10 and Tree Permit No. 2005-02 -- In accordance with Diamond Bar Municipal Code Section 22.48, 22.56 and 22.38, this was a request to demolish the existing single-family structures (house and barn) and construct an approximate 13,141 gross square feet including porches, veranda, balconies, and six cargarage; site retaining walls varying to a ma::imum six feet exposed height; a Minor Conditional Use Permit approval for the driveway widths greater than provided by the Diamond Bar Municipal Code; and a Tree Permit to remove and replace protected/preserved trees. PROJECT ADDRESS PROPERTY OWNERS 2305 Alamo Heights (Lot 6, Tract 30091) Diamond Bar, CA 91765 Li Chun Chiu and Wen -Chico Chiu 2305 Alamo Heights Diamond Bar, CA 91765 MAY 10, 2005 Page 4 PLANNING COMMISSION APPLICANT: Peter Fung 1227 W. Valley Boulevard #112 Alhambra, CA 91803 DSA/Smith presented staff's report and recommended Planning Commission approval of Development Review No. 2005-06, Minor Conditional Use Permit No. 2005-10 and Tree Permit No. 2005-02, Findings of Fact, and conditions of approval as listed within the draft resolution. C/Tye said that in visiting the site yesterday he was surprised to read that the swimming pool would remain. In his opinion, the pool presented a health hazard and he fett that the conditions should include mitigation to address the stagnation. DSA/Smith assured C/Tye that the low seat wall would be moved inside the right-of- way line in accordance with a condition she added to the resolution and that a protected tree that was removed had to be replaced at a 3:1 ratio with the same species of tree. Peter Fung, Applicant/Architect, explained the proposed project using the colored rendering. He assured the Commission that the owner would clean the pool and make certain that it was free of any pests. Chair/McManus said the pool should be drained. Mr. Fung responded to C/Nolan that the property owner agreed to the balance of the conditions of approval. C/Tanaka said he really liked the design and felt it was an exciting project. Chair/McManus opened the public hearing With no one present who wished to speak on this item, Chair/McManus closed the public hearing. PM/Fong responded to C/Tye that staff would include a statement that the pool must be drained in Condition (h) on page 7 of the Resolution so that it would occur prior to grading or building permit issuance. C/Tye moved, VC/Low seconded, to approve Development Review No. 2005-06, Minor Conditional Use Permit No. 2005-10 and Tree Permit 2005-02, Findings of Fact, and conditions of approval as listed within the resolution as amended. Motion carried by the following Rall Call vote: MAY 10, 2005 Page 5 PLANNING COMMISSION AYES: COMMISSIONERS: Tye, VC/Low, Nolan, Tanaka, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2005-13 and Minor Conditional Use Permit No. 2005-06 -- in accordance with Diamond Bar Municipal Code Sections 22.48.020 and 22.56, this was a request to construct a two-story, single family residence of approximately 11,783 gross square feet including porch, balconies, and five car garage; and a Minor Conditional Use Permit approval for the circular driveway width that was greater than provided by the Diamond Bar Municipal Code. PROJECT ADDRESS: 2839 Oak Knoll Drive (Lot 15, Tract 48487) Diamond Bar, CA 91765 PROPERTY OWNER/ Windmill Estates, LLC and Richard Gould APPLICANT: 3480 Torrance Boulevard, Suite 300 Torrance, CA 90503 DSA/Smith presented staff's report and recommended Planning Commission approval of Development Review No. 2005-13 and Minor Conditional Use Permit No. 2005-06, Findings of Fact, and conditions of approval as listed within the resolution. Kurt Nelson, applicant said that he read and concurred with staff's excellent report and conditions of approval. C/Nolan said it was a beautiful rendering. Chair/McManus said he visited the relocated Oak tree and it seemed to be surviving. VC/Low asked if the applicant had a set selection of home designs for their clients because they look very similar. Mr. Nelson said yes and no. Windmill Estates has floor plans that are samples. In both Crystal Ridge Estates and Windmill there is a very similar clientele who request similar floor plans and architectural features. However, Windmill Estates does not have a series of precise floor plans similar to that in a specific tract. MAY 10, 2005 Page 6 PLANNING COMMISSION Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. VC/Low moved, C/Tanaka seconded, to approve Development Review No. 2005-13 and Minor Conditional Use Permit No. 2005-06, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS VC/Low, Tanaka, Nolan, Tye, Chair/McManus None None 7.3 Conditional Use Permit No. 2005-017 and Development Review No. 2005-09 - In accordance with Diamond Bar Municipal Development Code Sections 22.48.020(1), 22.30.080(5) and 22.56.010, this was a request to construct a two story, single family residence of approximately 10,820 gross square foot including balconies, porch and attached four car garage and a four foot high retaining wall within the side yard. The Minor Conditional Use Permit was for a driveway wider than the maximum 14 feet allowed at the street property line. PROJECT ADDRESS: PROPERTY OWNER APPLICANT: 3129 Windmill Drive (Lot 8, Tract 50314) Diamond Bar, CA 91765 Windmill Estates, LLC 3480 Torrance Blvd, Suite 300 Torrance, CA 90503 Richard Gould 3480 Torrance Blvd, Suite 300 Torrance, CA 90503 AssocP/Lunge presented staff's report and recommended Planning Commission approval of Development Review No. 2005-17 and Minor Conditional Use Permit No. 2005-09, Findings of Fact, and conditions of approval as listed within the draft resolution. Chair/McManus opened the public hearing. MAY 10, 2005 :I Page 7 PLANNING COMMISSION With no one present who wished to speak on this item, Chair/McManus closed the public hearing, C/Tye moved, C/Tanaka seconded, to approve Development Review No. 2005-17 and Minor Conditional Use Permit No. 2005-09, Findings of Fact, and conditions of approval as listed within the draft resolution. AYES: COMMISSIONERS: Tye, Tanaka, Nolan, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: C/Tye asked if staff could require 22604 Ridgeline to provide fencing for the entire project during construction as agreed. ACM/DeStefano responded yes and said that in fact staff had received a complaint from the adjacent resident. As a result, the Building Official was instructed to visit the site last week to work with the property owner to make certain he would abide by the rules set forth for the project. VC/Low complimented and thanked PM/Fong and her staff for providing excellent staff reports for every Planning Commission meeting. C/Nolan asked staff to address the cracked monument sign at the southwest corner of Diamond Bar Boulevard and Golden Springs Drive. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future proiects. ACM/DeStefano offered the following corrections: Item #2 under Pending Projects — Brookfield Builders. The 180 -home project is scheduled to come before the Commission on May 24. The Country Hills Towne Centre project should be available for the Commissions review on June 14. ACM/DeStefano reported that Ed Flacks transitioned from a part time to a full time code enforcement officer on May 1. As a result, the City now enjoys six days of full time coverage Monday through Saturday. Currently, Code Enforcement is conducting a sweep of the City for banners and whether or not they are permitted. Code Enforcement will also be contacting residents regarding high weeds. MAY 10, 2005 Page 8 PLANNING COMMISSION ACM/DeStefano said he would be at a Retail Developers Conference on May 24. The focus of the Conference was to work hand-in-hand with Target to get a 6000 square foot quality restaurant for the Grand and Golden Springs location to serve the business community for lunch and dinner. Ideally, it would be a TGI Fridays, Outback, or Chili's. One possibility would be to include two restaurants. ACM/DeStefano said the City would be looking for restaurants in general. The Kmart situation was still in flux and staff would also be looking for businesses to fill some of the outer pads on both sides of McDonalds, for example. The real issue was to attempt to get some form of commitment out of Sears Holdings (Kmart) to convert the store sooner rather than later. Sears plans to roll out 25 Sears Essentials in the Chicago area this year. The big California push is slated for late 2006/early 2007 and he was certain there would not be a one-off store for Diamond Bar. Instead, Southern California would be done in one big block push of stores in orderto capitalize on a regional opening and make good use of advertising dollars. ACM/DeStefano suggested that Commissioners could get a good idea of a Sears Essential store layout by visiting the Sears Grand 220,000 square foot store in Rancho Cucamonga. The Kmart store in Diamond Bar is 85,000 square feet. Chair/McManus asked if the pad was large enough for Sears to expand the building. ACM/DeStefano responded that there would be if it were built up. However, they would more likely re -skin the existing store and convert it to the new format. Target looked at the site as a backup awhile back and determined that in order to build the typical 130,000 Target it would have to be a two-story facility. In fact, Target was willing to construct a two-story store at the site. Lewis is working with staff on Site D and Lewis agreed to prepare some retail scenarios and test them at the conference. ACM/DeStefano stated that staff hopes to bring the Lewis development agreement back to the Commission for contractual performance issues on June 14. Lewis was contractually obliged to begin construction of Target in June and that will not happen. Lewis is also required to complete construction of Target in April 2006 and that too will not happen. Lewis is seeking relief and in exchange the City wants a larger financial contribution from the residential project. The original development agreement components were based on a 200 -unit project. Lewis now proposes a 180 - unit project. Staff is seeking a contribution based on the originally proposed 200 -unit project and Lewis has agreed which is the fundamental premise of the changes to the agreement. ACM/DeStefano confirmed to Chair/McManus MAY 10, 2005 Page 9 PLANNING COMMISSION that the City is seeking the original 10 percent contribution of $2 million. Fortunately, both sides — staff to developer, have agreed that the $2 million would be an appropriate exchange regardless of the number of units. In addition, the City expects to receive a greater portion of the money sooner than originally anticipated. ACMIDeStefano responded to C/Tye that with respect to restaurants in the Target development there was nothing to report at this time. The Parkway Grill type of restaurant would more likely be placed at the Kmart or golf course sites instead of at a Target site. CITye said that Sears announced today that they would sell Orchard Supply Hardware (OSH) so they have other things on their plate other than deciding what to do with the Kmart in Diamond Bar. ACMIDeStefano said that the Sears real estate people were ready to turn Kmart into a Sears two months ago. Kmart said no and said they would like to turn it into an OSH. And now Kmart is getting rid of OSH so in the long run it worked out well for all parties because they are once again looking to turn the store into a Sears. VC/Low asked what happened to relocating the Farmer's Market within Diamond Bar. ACMIDeStefano explained that he had met numerous times with the Farmer's Market representatives of the Chamber and shown them at least six appropriate sites in the City as well as attempted to establish a relationship with property owners. He felt the best location was the parking lot of the glass building across from the golf course because the parking lot was nearly vacant on Saturday and Sunday mornings. For whatever reason the parties were never able to reach an agreement so the Chamber looked elsewhere and found their current location in Walnut. Chair/McManus asked if the buildings at Pathfinder and Brea Canyon would be rebuilt soon. ACMIDeStefano said he would look into the matter and report back to the Commission. Chair/McManus asked if the City was becoming more pro -active with respect to code enforcement. ACMIDeStefano said that from time to time during the year the focus changed. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. MAY 10, 2005 Page 10 PLANNING COMMISSION ADJOURNMENT: With no. further business before the Planning Commission, Chair/Nolan adjourned the meeting at 8:25 p.m. Respectfully Submitted, x4)740 Ja s DeSt ano Assistant Cit Manager Attest*