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HomeMy WebLinkAbout1/11/2011MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 11, 2011 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: Vice Chairman Nolan led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack Shah, Vice Chairman Kathy Nolan, and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director; Brad Wohlenberg, Assistant City Attorney; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; 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 December 14, 2010. C/Lee moved, C/Shah seconded, to approve the December 14, 2010, minutes as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 0 NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None 7. PUBLIC HEARINGS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng None None 7.1 Development Review No. PL 2010-296 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval for an addition of 1,566 square feet to an existing 1,507 square foot single-family residence. The subject property is zoned Low Density Residential (RL) with JANUARY 11, 2011 PAGE 2 PLANNING COMMISSION a consistent underlying General Plan Land Use designation of Low Density Residential. PROJECT ADDRESS PROPERTY OWNER: 24201 High Knob Road Diamond Bar, CA 91765 Kalathur and Anuradha Pattabiraman 24201 High Knob Road Diamond Bar, CA 91765 PT/Tobin presented staff's report and recommended Planning Commission approval of Development Review No. PL 2010-296, based on the findings of fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Kalathur Pattabiraman said he and his family have lived in Diamond Bar for 20 years and wish to make their current home their final home by improving the property and asked for Commission approval. Mr. Pattabiraman responded to Chair/Torng that he read staff's report and concurred with the conditions of approval. Chair/Torng closed the public hearing. VC/Nolan thanked the applicant for choosing to remain in Diamond Bar and said she was pleased to see this type of request before the Commission for consideration. VC/Nolan moved, C/Shah seconded, to approve Development Review No. PL 2010-296, 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 NOES: ABSENT: COMMISSIONERS: COMMISSIONERS COMMISSIONERS Lee, Nelson, Shah, VC/Nolan, Chair/Torng None None JANUARY 11, 2011 PAGE 3 PLANNING COMMISSION 7.2 Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 — To recommend approval to the City Council for a one-year time extension for a nine -unit residential condominium project on a 0.62 acre lot. 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 site is zoned High Density Residential -Planned Development Overlay (RH-PD) with a consistent underlying General Plan land use designation. The project was approved on November 20, 2007, with a three (3) year timeframe to obtain building permits and begin construction. PROJECT ADDRESS: 23671 Golden Springs Drive Diamond Bar, CA 91765 PROPERTY OWNER: GSDB Investment Group LLC 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 APPLICANT: Joseph Kwok 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 PT/Tobin presented staff's report and recommended the Planning Commission recommend approval to the City Council of the time extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Joseph Kwok, applicant, said that as a result of drainage requirements imposed by the City's Public Works Department, the property owner is working with the contiguous homeowners association to resolve those issues and need the time extended to resolve those issues. C/Shah asked what kind of drainage issues the applicant was dealing with and what kind of time was needed to resolve those issues. Mr. Kwok responded that originally the Public Works Department hoped that the applicant could drain the surface water naturally through the condominium complex next door to their project but the applicant has not been able to get the board to agree to meet with them to discuss the possibility with their JANUARY 11, 2011 PAGE 4 PLANNING COMMISSION homeowners. There is an alternative proposal to get the surface water drained from the site via a sump pump so that if the contiguous association board does not agree to the first option, the applicant will move forward with the alternative plan. Since the applicant has pursued the association's board for the past two years his firm has decided to move forward to get an agreement from the Public Works Department to cease further attempts to get the board's approval and move to the alternate proposal by the end of January 2011. Chair/Torng closed the public hearing. VC/Nolan moved, C/Nelson seconded, to recommend City Council approval of a one-year time extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, 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: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163 — The applicant requested to construct a 36,142 square foot new three-story professional office building on a 41,110 square foot (0.94 acre), Community Commercial (C-2) zoned parcel with an underlying General Plan Land Use designation of General Commercial (GC). A Tentative Tract Map is requested to subdivide air space for a 30 -unit office condominium; a Variance is requested to increase the building height from 35 feet to 39 feet; a Parking Permit is requested to share access and parking between the proposed development and Diamond Hills Plaza, the existing shopping center, and a Comprehensive Sign Program is requested for the signage on the building. PROPERTY ADDRESS PROPERTY OWNER 2705 Diamond Bar Boulevard Diamond Bar, CA 91765 Country Hills Holdings, LLC 8115 Preston Road #400 Dallas, TX 75225 JANUARY 11, 2011 PAGE 5 PLANNING COMMISSION APPLICANT: THL Investments, LLC 17528 Rowland City of Industry, CA 91748 SPILee presented staff's report and recommended the Planning Commission adopt the resolution recommending City Council approval of Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163, based on the findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah asked if trees would be added on the street side of the building and SP/Lee said there were no trees proposed within the 10 foot setback. There is limited space providing room for a walkway and shrubs and vines in the area. There are no existing trees in the setback area, only existing trees along Fountain Springs Road (six trees) which will be retained prior to and after construction. C/Lee asked why the setback is being reduced from the usual 15 feet to 10 feet and SP/Lee said that applicant was proposing a larger building and in order to fit in the number of required parking spaces and maximize the parking spaces within the property the minimum requirement was 10 feet. C/Nelson asked if the six trees on Fountain Springs Road were on City property and SP/Lee responded no, that they were on the applicant's property. C/Nelson asked what the City's remedy would be if the trees had to be removed to accommodate the property. SP/Lee referred C/Nelson to Condition 3, Page 11. There is no specific condition that specifically prohibits removal. If the applicant wished to remove any or all of the trees they would have to review the condition with staff to determine whether removal was allowed. C/Nelson said he was concerned that the trees should remain in place and be certain that the neighbors were informed if for some unforeseen reason, they would have to be removed because it would significantly increase the massing and reduce the screening from the back yards across Fountain Springs Road. CD/Gubman proposed including a condition to read that should the applicant need or request removal of the trees that it would require that they obtain a permit from the City for removal and with that permit, the City would require a certain ratio of replacements to help ameliorate the visual impacts the current stand of trees would provide. C/Nelson felt that contrary to staff's statement that the line of site from the third story of the proposed building would be less intrusive than it would be from the second story because in his opinion, it was a little bit more intrusive but not significantly intrusive. JANUARY 11, 2011 PAGE 6 PLANNING COMMISSION C/Nelson said he appreciated that the applicant provided the cross-sections because the applicant has, as indicated during the workshop, demonstrated that the proposed improvement will not be significantly more intrusive than the existing improvement. He asked if there was a balcony on the third floor or if it had been eliminated and SP/Lee responded that the third floor balcony had been eliminated. However, there are access ways for maintenance purposes only with no public access. VC/Nolan asked if there was a point at which the parking would be so large that it would be subdivided to accommodate certain other businesses in the center. SP/Lee said there was no particular formula for areas within the shopping center. It is based on an aggregate of shared parking. VC/Nolan asked if the proposed parking for this building would offer a reasonable walking distance to other businesses within the shopping center. SP/Lee explained that there is currently less activity on the north side of the shopping center and there are not many parking space utilized in that area so staff would not anticipate a problem with the new three-story building. CDD/Gubman said that C/Nelson's observation regarding line of site was a good observation. The vantage point starts at a higher elevation at the tree than it did for the two story building because the downward site line is at a steeper angle for the three story building than it is for the two-story building. What the applicant is attempting to show is that the third floor parapet which would have been the railing for the balcony effectively cuts off the view angle when one is looking down. With respect to parking, where the former theater was located, the new multi -space building includes a large parking area that is essentially vacant and unused. Staff hopes the new development produces a little parking congestion to help the other retail buildings and businesses, and staff is very comfortable there will be no adverse parking issues due to the current inventory of underutilized parking. C/Shah said his opinion was that people in the building would be able to look into the back yards of the homes across Fountain Springs Road. There were no ex parte disclosures. Chair/Torng opened the public hearing. Peichin Lee, project developer and Diamond Bar resident said she was present to answer any questions the Commission might have and thanked them for giving her the opportunity to move forward with the proposed project. She responded to Chair/Torng that she reviewed staff's report and JANUARY 11, 2011 PAGE 7 PLANNING COMMISSION concurs with staff's recommendations including the most recent condition discussed this evening involving possible tree mitigation. Christopher Chung, 21470 Cold Spring Lane, felt the proposed use was compatible with the shopping center and would be a great addition and provide synergy to the northern end of the center. He is amazed that the City is able to attract a qualified developer who is able to get the financing to produce this type of development during these difficult economic times. He believes the project has been thoroughly vetted and supports the project. Chair/Torng closed the public hearing. C/Lee said he was in support of the project and stressed that the condition regarding the trees should be maintained to minimize the impacts to the street and to the residence on the opposite side of Fountain Springs Road. C/Shah moved, C/Lee seconded, to adopt the resolution recommending City Council approval of Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163, based on the findings of Fact, and subject to the conditions of approval as listed within the resolution, with the addition of the condition regarding tree mitigation as recommended by staff. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nelson said that in all of his years serving on and dealing with Planning Commissions he did not believe he had ever experienced a Planning Commission that worked together as well as this Planning Commission. Congratulations to all of his colleagues and to staff and Happy New Year to all. C/Shah said he concurred with C/Nelson and thanked staff for their expertise. He wished everyone a prosperous New Year. VC/Nolan announced that she would be resigning from the Planning Commission. She and her husband Dan have sold their Diamond Bar home and are moving away from the City. This is a bittersweet change for them and since their children have moved on it is time for them to do so as well. She thanked staff for their exhaustive JANUARY 11, 2011 PAGE 8 PLANNING COMMISSION help to the Commission and thanked her colleagues and M/Tye for their support and said it had been a pleasure to serve the City. C/Lee wished everyone a Happy New Year. He wished VC/Nolan well in her future ventures. C/Nelson said he and his colleagues would miss VC/Nolan. Her perspective on this Commission has been greatly appreciated and he thanked her for her contributions. C/Shah said he would miss VC/Nolan, a great friend and colleague. Chair/Torng said it was an honor to work with everyone and said he would miss VC/Nolan. The Planning Commission is a great group and it is wonderful to have staff's support. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman said staff learned of VC/Nolan's resignation earlier today and are sorry to have her leave. He thanked C/Nelson for his comments. CDD/Gubman has been in this line of work for 21 years and this Commission is the most enjoyable group to work with in his years of service to four different cities. It is his privilege to serve as the Commission's staff and it means a lot to him to hear such kind words. CDD/Gubman stated that the January 25 Planning Commission meeting would be canceled due to lack of agenda items and other staff business including conducting the City's biennial homeless count to get a sense of the homeless population and where to allocate the homeless services. When the homeless count was taken in 2009 it was scheduled for a Thursday evening from 8:00 p.m. until midnight and no homeless persons were found in the City. With the current economic climate, it will be interesting to find out what changes in the upcoming homeless count. CDD/Gubman announced that the Winter Snowfest would be held on Saturday, January 15 and if Commissioners are attending they are asked to come to the stage area at 11:00 a.m. for the welcome speech. Planners Institute is scheduled for March 9-11, 2011. Commissioners who wish to attend are asked to advise staff by February 1. CDD/Gubman asked Commissioners who no longer needed the three-story office building plans to please return them to staff to recycle and use for the upcoming Council hearings in an effort to reduce reproduction costs. JANUARY 11, 2011 PAGE 9 PLANNING COMMISSION CDD/Gubman stated that with respect to the new City Hall location, the conceptual design phase is complete and staff is moving into the construction documents phase. The process is moving forward as planned and staff intends to move the operation to the new location by the end of 2011. Further, it is likely that most of the Planning Commission meetings will be held in the new building except when there are large projects and larger audience participation is anticipated. He wished everyone a Happy New Year. 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 8:03 p.m. to February 8, 2011 The foregoing minutes are hereby approved this 8th day of February, 2011. Attest: Resp7mw d, Greg Gubman Community Development Director rry'Torng, Chairfnr -q-