Loading...
HomeMy WebLinkAbout4/28/2009MINUTES OF THE CITY OF DIAMOND BAR STUDY SESSION OF THE PLANNING COMMISSION APRIL 28, 2009 CALL TO ORDER: Chairman Torng called the Study Session to order at 6:05 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. 1. ROLL CALL Present: Commissioners, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson, Chairman Tony Torng. Absent: Commissioner Kwang Ho Lee Also present: Greg Gubman, Acting Community Development Director; Brad Wohlenberg, Assistant City Attorney; John Douglas, Consultant, Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. Draft Housing Element ACDD/Gubman reminded the Commission that this follow up Housing Element Study Session was a third in a series that began about a year ago on May 13 and May 27, 2008, to get an overview of the requirements of what was required by cities to prepare a Housing Element on a six-year cycle. After receiving the Planning Commission's input, the City Council held a subsequent joint study session on August 5, 2008. Following the City Council Study Session, staff submitted the Draft document to the State Department of Housing and Community Development (HCD) for review, comment and ultimately, certification. Following HCD's review of the document, staff held a joint telephone session to answer their questions and help them complete their comments. Staff received HCD's response letter in mid- October 2008, a letter that details the issues that need to be addressed in order to receive certification of the Housing Element. Key points raised in the comment letter as indicated in the packet provided this evening include: additional verification of how the Regional Housing Needs Assessment (RHNA) numbers would be met; provide more detail about how the City will commit to rezone properties to meet the target housing number; and, indicate how the City will allow and encourage emergency shelters as mandated under SB 2. Staff's goal for tonight's study session is to share the revised document and key points with the Commission and follow up with a joint study session with the City Council next month after which the document will be resubmitted to HCD. APRIL 28, 2009 PAGE 2 PLANNING COMMISSION STUDY SESSION John Douglas, consultant, stated that what Diamond Bar is experiencing with the state is very similar to what every other jurisdiction in southern California is experiencing — a lengthy critique asking for additional commitments and information. As a result, Diamond Bar is in the same boat as everyone else. The Housing Element is different'from every other element within the General Plan because it is the only one in which the state has a role to review the document and issuing their opinion as to whether it is in compliance. Having the state's certification of the Housing Development may help the City defend against legal challenges of its General Plan. Under very unusual circumstances, courts can intervene and order that certain projects be approved such, as high density residential projects. If the City's Housing Element cannot demonstrate that the City has adequate sites for low income housing that requirement will carry over and the next time the Housing Element is updated the City will have to demonstrate not only the adequate sites for the new period but also the carry over from the old period which could make it even more difficult to comply. SB 375 (Global Warming Law) is sweeping in its terms that states if a City has a fully compliant Housing Element it has a shelf -life of eight years. If it is not in compliance the Housing Element must be updated on a four- year cycle. Mr. Douglas stated that every city must accommodate at least one emergency shelter, which means that the city must have zoning that would allow an emergency shelter to be established through a simple, streamlined, "by right" procedure. SB 2 deals with emergency shelters as well as transitional and supportive housing. Emergency shelter means a place where a homeless person can drop in on a day- to-day basis. If the shelter has room they must allow the person as long as that person meets the rules of the shelter. Typically, no individual can stay at a shelter for more than six months. Transitional housing is more of a long-term situation such as an apartment or house. People who live in this type of housing are typically placed there through a program. Cities are not required to build these types of facilities. The solution to providing this type of facility should be led by the non-profit sector with government assistance. The RM zone could be designated where there are existing church facilities and that a shelter could be established by a church in the RM zone. Mr. Douglas referred the Commission to the SGVCOG's Regional Homeless Services Strategy Phase I Report, available on the COG's website, for further information on regional homelessness issues. Mr. Douglas further stated that the next discussion item has to do with how the City is going to demonstrate that it can meet its needs with fair share RHNA. Every city is allocated a fair share of new housing to accommodate the region's growth needs for different income categories. The lower income category has to be a certain level of density in order for it to be financially feasible to be built. Based on the current level, Diamond Bar cannot demonstrate any capacity for lower income housing, APRIL 28, 2009 PAGE 3 PLANNING COMMISSION STUDY SESSION Because the City does not have any vacant land that is zoned to allow relatively high density housing (30 -units per acre or typically a three-story building) the law says that the City must commit to identifying areas that will be rezoned within a couple of years to allow that type of housing. As a result, a commitment to survey potential areas that could meet that need has been placed within the Housing Element, which means that within two years the City Council will select and rezone at least 15 '/2 acres to accommodate this need. Four different areas have been identified in the appendix that could potentially meet this need. The ultimate decision is up to the Planning Commission and City Council as to which area makes the most sense. The options are listed in Table B-1 under Residential Land Inventory: 1) Kmart site; 2) Tres Hermanos property; 3) Latter Day Saints Church; and 4) Aera Energy project. A list of potential sites establishes a way for the City to ultimate reach its goal. Once the Housing Element is complete and adopted, follow- up implementation will be to conduct further study (possibly an EIR) on one or more of these properties followed by an ultimate decision as to which site would include a designation for high density housing. ACDD/Gubman elaborated on the potential of each site. VC/Nelson asked how important it was to locate this type of housing close to shopping, etc. He believed the Kmart site would be preferable. Mr. Douglas responded to C/Nolan that even though these are referred to as "low income" units, the issue is really "density." There is no requirement that they be built. The key requirement is that the City has zoning that allows 30 -units per acre to be built. And whether they turn out to be affordable to low income families, perhaps they will and perhaps they will not. The City would probably have to have a non-profit developer that was interested in partnering up in order to make the units affordable to low income. ACA/Wohlenberg stated there is a presumption in affordable housing laws and almost every zoning code that higher density is more desired by property owners. In the last housing cycle this trend flipped on its head and once in awhile that presumption does not work out. Mr. Douglas said that even if a project were built that qualified as lower income affordable one would not be able to determine that by driving by because all development has to meet design standards and development standards. ACDD/Gubman explained that Claremont has an inclusionary housing ordinance wherein if one is doing a development and building seven or more units a certain number must be allocated for lower income households. The requirements are that those units must be fully integrated within the development so that from the exterior they are identical. The interior amenities may be downgraded or the unit sizes might be smaller but in terms of being part of an integrated development there would be no visible difference. APRIL 28, 2009 PAGE 4 PLANNING COMMISSION STUDY SESSION Mr. Douglas responded to Chair/Torng that Diamond Bar's RHNA fair share of the 700,000 units of the SCAG region is about 1000 units. In about five or six years from now there will be another forecast and another assessment of fair -share allocations. If the City does not accomplish its numbers, there is no penalty for not achieving these numbers so long as the City has a Certified Housing Element and it is following through on its commitments. SB 375 may promote in future Housing Element cycles a higher share allocated to the more urbanized areas next to Metrolink and freeways, and lower share allocated to the areas not close to convenient mass transit. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the Study Session at 7:05 p.m. The foregoing minutes are hereby approved this 26th day of May, 2009. Attest: Respectfully Submitted, — �:2=� Greg Gubman Acting Community Development Director ,;w1lorng, Chairm n MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 28, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:11 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson, Chairman Tony Torng. Also present: Greg Gubman, Acting Community Development Director; Brad Wohlenberg, Assistant City Attorney; Katherine Laufenburger, Senior Planner, and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4 MINUTES: 4.1 Minutes of the Regular Meeting of March 24, 2009. C/Lee moved, C/Shah seconded, to approve the Minutes of March 24, 2009, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Nolan ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. APRIL 28, 2009 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 One -Year Time Extension for Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 for a new 4.39 Square Foot Commercial Building with a drive-through (".Project") - Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant submitted a request for a one-year extension of time to begin construction. The project was approved on April 10, 2007, with a two (2) year timeframe to obtain building permits and begin construction. Project Address: 22438 Golden Springs Drive (Northeast corner of Golden Springs Drive and Lavender Drive in the Target Shopping Center) Diamond Bar, CA 91765 Property Owner: CH Development, LLC 1683 Walnut Grove Avenue Rosemead, CA 91770 Applicant: Charlie Shen CH Development, LLC 1683 Walnut Grove Avenue Rosemead, CA 91770 SP/Laufenburger presented staff's report and recommended Planning Commission approval of the One -Year Time Extension for Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Chair/Torng opened the public hearing. Charlie Shen, applicant, reported that the leasing agents are working diligently to get a tenant for the site and he is pushing to construct and open the building this year. Chair/Torng closed the public hearing. C/Nolan moved, VC/Nelson seconded, to approve a One -Year Time Extension for Development Review No. 2007-11, Minor Conditional Use APRIL 28, 2009 PAGE 3 PLANNING COMMISSION Permit No. 2007-07 and Minor Variance No. 2007-03, 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: NOES: COMMISSIONERS ABSENT: COMMISSIONERS Nolan, Lee, Shah, VC/Nelson Chair/Torng None None 7.2 Conditional Use Permit No. 2009-01 — Under the authority of Diamond Bar Municipal Code Section 22.58, College Focus submitted a request to provide college counseling and tutoring services to high school age students. ACDD/Gubman asked the Commission to continue this matter to the May 12, 2009, meeting to ensure proper notification in compliance with the City's Development Code. The applicant failed to post the notice on the subject property as required. Chair/Torng opened the public hearing. There was no one present who wished to speak on this matter. C/Nolan moved, C/Shah seconded, to continue the public hearing for Conditional Use Permit No. 2009-01 to the Regular Planning Commission meeting of May 12, 2009. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, Shah, VC/Nelson Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan reported that she attended the Planners Institute in Anaheim and found it to be very useful and informative. She felt the best workshop was on Environmental Impact Reports. VC/Nelson stated he was very proud of the City for its handling of the proposed NFL Stadium project. As he indicated at the last Commission meeting he hoped that the City would not fall into a state of hysteria or fear and ultimately cost the City a lot of money and not stop the project. He felt the residents benefited from appropriate APRIL 28, 2009 PAGE 4 PLANNING COMMISSION negotiations and the City demonstrated that it is a good neighbor for which he is happy and pleased. C/Shah also felt the City did a fantastic job in negotiating with the City of Industry and he is very happy about the results and proud of staff. Chair/Torng commended staff for a very good study session and today's meeting. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ACDD/Gubman updated the Commission on the Site D Specific Plan. Staff hopes to have the Draft EIR completed and ready for public circulation within the next two to three weeks. Staff will hold a public forum during the 45 -day public review period for comment. If the Commission is interested, he would be pleased to lead a training session on "how to read an EIR." The Commission concurred to hold an EIR Study Session prior to an upcoming Regular Planning Commission meeting. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:25 p.m. The foregoing minutes are hereby approved this 12th day of May, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director oriy Torng, Chai rr ,an