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HomeMy WebLinkAbout9/22/2009MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 22, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director; 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 CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of August 25, 2009. C/Shah moved, C/Nelson seconded, to approve Regular Meeting Minutes of August 25, 2009, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARINGS: Lee, Nolan, Shah, VC/Nelson Chair/Torng None None 7.1 Development Review No. 2009-04 - Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval to demolish an existing 4,247 square foot single family residence and construct a new SEPTEMBER 22, 2009 PAGE 2 PLANNING COMMISSION 5,658 square foot single story residence with one attached garage and one detached garage on a 1.28 acre Rural Residential (RR) zoned parcel of land with a consistent underlying General Plan Land Use designation. PROJECT ADDRESS: 22415 Steeplechase Lane (Tract 30578, Lot 167, APN 8713-009-006) Diamond Bar, CA 91765 PROPERTY OWNER: Hai and Kim Nguyen 3057 Windmill Drive Diamond Bar, CA 91765 APPLICANT: Andrew S. Miller 25 Rana Rancho Margarita, CA 92688 SP/Laufenbuger presented staff's report and recommended Planning Commission approval of Development Review No. 2009-04, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Nelson commented that the project looked like a home that belonged in Malibu and wondered if Diamond Bar was ready for such a project. C/Shah asked if the architect was balancing the grade to prevent import of soil. SP/Laufenburger responded that the applicant is doing cut and fill in on an equal amount so that they will not be importing or exporting. C/Shah said it was a nice design. There were no ex parte disclosures. Chair/Torng opened the public hearing. Andrew Miller, project architect, said he concurred with staff's report and conditions of approval. Chair/Torng closed the public hearing. VC/Nelson moved, C/Nolan seconded, to approve Development Review No. 2009-04, 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: SEPTEMBER 22, 2009 PAGE 3 PLANNING COMMISSION AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2009-06 and Amendment to Comprehensive Sign Program No. 2006-04 — Under the authority of Diamond Bar Municipal Code Section 22.48 and Section 22.36.060, the applicant requested approval to: 1) remodel two buildings on the south end of Diamond Hills Plaza which were not part of the center's recent renovation (daycare building and adjacent multi -tenant building); and 2) demolish the existing theater building and construct a new 14,700 square foot retail building in its place. The amendment to the Comprehensive Sign Program involves: 1) subdividing the sign panels on the pylon sign to allow for the identification of additional tenants; 2) increasing the height of the monument signs along Diamond Bar Boulevard to improve visibility, and 3) providing standards for way -finding signs throughout the center. The shopping center is approximately 18 acres in size and zoned C-2 (Community Commercial) with a consistent underlying General Plan Land Use designation. PROJECT ADDRESS: PROPERTY OWNER APPLICANT: 21385 and 21335 Cold Spring Lane and 2751 Diamond Bar Boulevard Diamond Bar, CA 91765 Bob Poyner Country Hills Holding LLC 8115 Preston Road, Suite 400 Dallas, TX 75225 Ware Malcomb and Michael Martin 10 Edelman Irvine, CA 92618 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review No. 2009-06 and an Amendment to Comprehensive Sign Program No. 2006-04, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lee asked if the demolition was part of the original package. /Laufenburger responded that demolition was approved as part of the SEPTEMBER 22, 2009 PAGE 4 PLANNING COMMISSION original package; however, due to the current economic conditions, the applicant decided to renovate the existing buildings and maintain the existing uses. VC/Nelson asked if the existing versus proposed square footage would remain the same for the multi -tenant retail and daycare center and SR/Laufenburger confirmed that the square footage would remain the same and the theater would actually be a little smaller. C/Nolan asked if there were any anchor stores or developers anticipated for the retail locations. SP/Laufenburger referred C/Nolan to the applicant. Chair/Torng asked about the landscape plan photos and SP/Laufenburger responded that landscape plans are preliminary and staff was pleased with the amount of landscaping the applicant intended to install at Cold Spring Lane to screen the daycare area. Staff required the applicant to relocate a few items and increase the plant materials when the applicant brings forth the final landscape plan. Chair/Torng recalled the original approval included a second story and felt the applicant should rebuild the demolished building before they remodel the old buildings. CDD/Gubman said he was not familiar with the conditions to be able to respond to a certain phasing sequence and would not be able to answer the question at this time. CDD/Gubman responded to Chair/Torng that there is a two-story approved building that sits along Fountain Springs. The applicant has not yet pulled permits for this building. Chair/Torng asked staff to review the conditions of the original approval to determine the phasing conditions. C/Lee said he was told that this center was owned by a different entity at the time of approval and he felt that the previous owner's agenda and current owner's agenda might be different. SP/Laufenburger stated that the project is subject to all of the original approval conditions and the original resolution is attached to staff's report. All conditions apply except for the two buildings that will not be built. CDD/Gubman explained that the three-story medical building was approved under a Conditional Use Permit in addition to the Development Review application and the Conditional Use Permit has expired so that approval is actually null and void. In terms of phasing and sequencing, staff will look at the conditions to give the Commission a better response if the Commission wishes prior to making its decision. VC/Nelson asked if there were any neon signs submitted under the proposed plan and SP/Laufenburger said she did not believe any were submitted and that they would not be permitted under the City's Code. There were no ex parte disclosures. SEPTEMBER 22, 2009 PAGE 5 PLANNING COMMISSION Chair/Torng opened the public hearing. Bob Poyner, Country Hills Holdings, responded to Commissioner's concerns that there is an individual interested in the daycare center and a couple of tenants that wish to locate in the renovated "Tae Kwando" building and a tenant interested in the new retail (old theater) building. The old theater was about 27,000 square feet and the new building is about 14,700 square feet. The previous approval included a two-story building in the area outside of the yellow area was to be built before he built the three-story medical office building for which the approval has expired. Country Hills Holdings intends to maintain interest in the existing buildings and to get the buildings on the daycare end up to the standard of the other buildings new H -Mart where tenants want to be located. The theater building is an existing building but it is part of the other center with some other tenants and needs to be typical retail. His company would like to get that solidified and leased up before adding another two-story building because it progressively and financially makes sense to keep that activity within the center before building a new building. Country Hills Holdings wants to build that building in the future but it does not make sense to build a new building and leave the big empty theater building at one end and the other buildings not looking like the rest of the center. Mr. Poyner responded to Chair/Torng that he agrees with staff's conditions and his firm is willing to work with the City's very helpful staff on any architectural feature and landscaping they deem feasible. C/Nolan said the complex looks very nice and is developing well. However, the "pumpkin patch" area is a rough area. She asked if the owner planned to place landscaping in the area that would not be developed. Mr. Poyner said he would be happy to work with staff on doing some landscaping in that area when his company does the construction and demo of the theater building during the "cleanup" at the corner. In fact, he said the holding company had already planned to do something with the corner for the good of the tenants in that building. CDD/Gubman said in reviewing the 2006 Conditions of Approval he found a requirement that the Super H -Mart building as well as, all in-line spaces adjoining that structure along with the building that houses Starbucks and other tenants toward Diamond Bar Boulevard be completed prior to the issuance ,of a permit for the two-story building. Further, the condition states "that the market tenant shall occupy the building and shall be in operation prior to the issuance of a building permit for the new three-story building." SEPTEMBER 22, 2009 PAGE 6 PLANNING COMMISSION Chair/Torng thanked CDD/Gubman and said he was not against the commercial area — it is the City's bread and butter and the Commission appreciates the applicant's efforts to make this a viable center. Mr. Poyner reiterated that it is the owner's intention to build the two-story building when the market dictates doing so; however, it is most important to get the renovation completed and fill up those buildings and if that continues that they will be coming back to the Commission with a request to build the two-story. Nina Mohammed, Emerald Point resident, said she was concerned about this project being categorically exempt from the California Environmental Qualities Act because the air quality will affect neighboring residents. CDD/Gubman responded that the environmental determination forthe entire shopping center was done back with the 2006 approval and that initial project review analyzed all of the traffic, air quality, noise, construction impacts, etc., and included mitigation measures in the conditions of approval. This proposed project is within the overall scope of what was originally approved under the 2006 environmental analysis so what is being proposed now being of a slightly lesser intensity can be regarded as exempt from further environmental review. VC/Nelson said that Ms. Mohammed should feel assured that the best standards and practices will be applied to the demolition and construction. Obviously, the speaker is concerned about fugitive dust that will rise up to her home level. Most would be so incremental in view of all other air pollutants that it will not be noticeable but this is the one item that would go beyond incremental and the City has a responsibility to make certain that the applicant uses the proper watering and demolition techniques so that plumes of dust will not rise up and enter the neighborhood. If it should happen the speaker should call the City and the City will respond by coming down on the construction individuals. CDD/Gubman affirmed that staff is not shy about shutting down projects if they do not comply. Chair/Torng closed the public hearing. C/Shah said he was pleased to see that something was happening in the center and the development proposed is really a benefit to the City and the area. C/Shah moved, C/Lee seconded, to approve Development Review No. 2009-06 and Amendment to Comprehensive Sign Program No. 2006-04, 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: SEPTEMBER 22, 2009 PAGE 7 PLANNING COMMISSION AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None C/Lee said he was glad to be back and see everyone. VC/Nelson stated that when the Commission reviewed the Hollywood Video Store at the corner of Grand and Diamond Bar Boulevard the applicant asked for neon signs and the Commission said no. The other night as he was driving home on Diamond Bar Boulevard he noticed that in the 7 -Eleven shopping center there are neon signs and wondered if they were permitted or overlooked. He has no particular bias against neon signs; however, he believes in consistency and believes that if the City denies neon signs for one business it should deny neon signs for all businesses. He asked staff to look into whether neon signs were allowed at the "Thai Harmony Cafe." CDD/Gubman said he would look into the matter. He said he dealt with Hollywood Video in the past and knows that in the past cities have had problems with them wanting to use a lot of neon to outline the ridgeline of their logo. Some cities would consider that part of the sign area and found that existing examples of what Hollywood Video had done with some of their buildings to be way too garish. CDD/Gubman said staff would research the Cafe and get back to VC/Nelson in an email. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman said there is not much to report on the stadium issue except that a rather novel attempt by the developer to make the stadium project exempt from the California Environmental Quality Act was considered by the state legislature and the basis for the proposed exemption was the economy and job creation potential the project would have. The leader of the senate managed to table the matter and asked that the developer and City of Industry go back to negotiate with the City of Walnut and try to reach a settlement on that lawsuit and hopefully dispense with the matter entirely. CDD/Gubman said he understood there was overwhelming support for granting an exemption for the stadium project but at this point the directive has been for all parties involved in the lawsuit to go back and reach a settlement in good faith. The attempt was to introduce a new statute to the California Environmental Quality Act that applied only to this project. SEPTEMBER 22, 2009 PAGE 8 PLANNING COMMISSION CDD/Gubman pointed out that the next Planning Commission would be October 13 (three weeks from tonight) and there should be at least three items on that agenda including a sign program for the new two-story commercial office building at Golden Springs just east of Lemon Avenue; one Conditional Use Permit for an educational use and, possibly another Conditional Use Permit for another foot message establishment. CDD/Gubman stated that the City's Human Resources Department is currently recruiting for a permanent Senior Planner. Interviews are slated to begin mid-October with a permanent appointment by the end of 2009. CDD/Gubman said there was no new information to report on Site D. Staff is working with school district staff and public comments to determine how best to move forward. The Housing Element is stalled. Staff is discussing the finer points of the Housing Element with State Department of Housing Community Development and hopefully will be able to remove the last of the barriers staff has encountered in its attempt to getting conditional certification from HCD. The primary concern is how effective the City's programs are in the Housing Element to ensure that the City gets the affordable housing needs met through rezoning. As soon as resolution is achieved staff will bring the Housing Element to the Planning Commission with a recommendation for adoption. CDD/Gubman stated that there is state legislation that was passed in 2006 — AB1881, mandating that all jurisdictions in California adopt a water -efficient landscape ordinance by January 1, 2010. Staff is working on this ordinance to meet the deadline and avoid adopting a state -modeled ordinance that is overly general and would not achieve the goals for Diamond Bar as well as a tailored ordinance. The basis for requiring this ordinance is that the area is an arid climate and water availability is a serious issue that requires stringent approvals for landscaping plans and water practices for irrigating landscaped areas. 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 7:43 p.m. SEPTEMBER 22, 2009 PAGE 9 PLANNING COMMISSION The foregoing minutes are hereby approved this 13th day of October, 2009. Attest: Respectfully Submitted, Greg Gubman Community Development Director y Torng, Chair an