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HomeMy WebLinkAbout10/25/2011MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 25, 2011 CALL TO ORDER: Chairman Shah 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 Nelson led the Pledge of Allegiance. Chair/Shah asked for a moment of silence for the Turkey earthquake victims. 1. ROLL CALL: Present: Commissioners Steve Nelson, Tony-Torng, Vice Chairman - Kwang Ho Lee, Chairman Jack Shah 2. 3. a Absent: Commissioner Jimmy Lin was excused. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; and Stella Marquez, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: CONSENT CALENDAR: As presented. 4.1 Minutes of the Regular Meeting of September 27, 2011 C/Torng moved, VC/Lee seconded, to approve the Minutes of the Regular Meeting of September 27, 2011, as submitted. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review and Comprehensive Sign Program No. PL2011-79- The applicant requested the following:. 1) Development Review approval .to modify the exterior facade of one of the buildings within Diamond Creek Village (former PetSmart retail space); and 2) Comprehensive Sign Program to. install OCTOBER 25, 2011 PAGE 2 PLANNING COMMISSION new signage on the building and reface the signage on the existing pylon sign. The applicant also requested to subdivide the 26,937 square foot former PetSmart retail space into a multi -tenant mini -mall with 18 lease spaces with new recessed glass entry to the building, dedication of outdoor dining and seating areas and common areas for circulation. The floor area of the building will result in a decrease of 8,146 square feet resulting in a total leasable.floor area of 18,791 square feet. The property is zoned Community Commercial (C- 2) with a consistent underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 21050 Golden Springs Drive Diamond Bar, CA 91765 PROPERTY OWNER: Lakeview Village Corporation 12879 harbor Boulevard #N-1 Garden Grove, CA 92840 APPLICANT: Mike Paz 12879 Harbor Boulevard#N-1 Garden Grove, CA 92840 SP/Lee presented staff's report and recommended Planning Commission approval Development Review and Comprehensive Sign Program No. PL2011- 79, based on the. Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nelson asked if the owner or the prospective tenant was required to reinstall the landscaping throughout. SP/Lee responded that it would be the property owner who would be required to reinstall the landscaping. C/Nelson asked if the awnings were proposed only on the prospective tenant's units and SP/Lee responded that the awnings would be on the two units to the right of the main entrance to the building: C/Torng asked if SP/Lee had the original landscaping plan that was approved in 2008. SP/Lee said she did not have the ; landscape plan with her but understood that the renovation consisted of a new facade change in terms of building color, adding the stone veneer and installation of new landscaping throughout the center. CDD/Gubman stated that the remodel was not a structural remodel but more of a refresh of the exterior which did not go to the Planning Commission for approval. The refresh involved repainting, installation of stone facing on the base of the building and installing trim along the building. cornice. These were minimal fixes and did not meet the thresholdfor Planning Commission review. The landscaping was a matter of the property owner's changing out the existing plant. materials in. the planting areas, which was also not subject to'a public hearing review. C/Torng commented that he has visited OCTOBER 25, 2011 PAGE 3 PLANNING COMMISSION the site on numerous occasions and felt that landscaping is needed to make the site more attractive for customers. C/Torng hoped that in Diamond Bar there would be sufficient signage to let visitors know what was in the shopping center. He went to many Korean Restaurants and did not understand why one of the signs was in Korean without translation. SP/Lee responded that the fourth sign on the second row which is in all Korean is actually a translation of Jenny Hair right above that sign. It appears to her that they all have English signage as well.as, foreign language signage. Chair/Shah said he believed it was against the First Amendment expression if the Planning Commission were to recommend English only. CDD/Gubman concurred with Chair/Shah and said that the City cannot mandate English only text. The City can require that at least a translation of the text is included primarily for the purpose of emergency service personnel being able to identify the businesses when responding to service calls. C/Torng said he remembered a 50/50 requirement. CDD/Gubman said he believed the Code requires only that the English translation have letters that are a minimum of 4 inches in height. SP/Lee stated that there is no percentage requirement in the City's Code. C/Torng said he believed it should be included in the condition and be enforced. VC/Lee said this is a very early stage for this project and these are not all retail businesses. How many restaurants or public serving entities are in the mall and wondered whether the parking ratio should be changed. He said he often visits this shopping center and most times he has a difficult time finding a parking space, especially during the evening hours. If this project will accommodate the traffic then he feels comfortable. SP/Lee responded that the property owner anticipates having no more than two restaurant spaces highlighted in red. With I� respect to parking and circulation based on staff's parking count, staff believes it is reasonable but staff cannot foresee if there will be any circulation and parking problems. VC/Lee asked if there was parking behind the buildings and wondered if the tenants and workers could park elsewhere and leave those i spaces for visitors. CDD/Gubman explained that this project is not a Conditional Use Permit and it is not involving the addition of square footage so the limit of the review is to evaluate the architectural facade change and to approve or deny the proposed sign program. Because this is not a Conditional Use Permit or new construction, the parking issue is beyond the scope of review. Additionally, the building shell is currently about 27,000 square feet and (' when the walkways were added inside, it reduces the actual square footage to. about 15,000 so they are actually shrinking the shopping center which will hopefully lessen the potential impacts. C/Nelson suggested that the signage be 50/50 English and Korean. He does not want to make it a condition of approval but he wants to make sure that the development invites as many Caucasian people as it does Korean people. He OCTOBER 25, 2011 PAGE 4 PLANNING COMMISSION had lunch at a Korean barbecue today and it was absolutely fabulous and he would not like to see; given the First Amendment, that the sign has to be Asian — the 1984 ruling of the Asian/American businessesagainstPomona which they won — he does not want to put that into play. He believes that if the City is going to cater to the entire Diamond Bar community, 50 percent plus are Asian and 50 percent minus are other ethnic backgrounds and he would like the minus to feel as invited to this place as the pluses. This is a suggestion, not a condition. Chair/Shah said that the agenda states that though the application is for signage it also mentions the applicant is also requesting "to subdivide the 36,937 former PetSmart into a multi -tenant mini -mall with 18 lease spaces." He wanted to know if the Commission was. looking at both issues or just at the signage because he believes the explanation speaks. to both issues. SP/Lee responded that the agenda describes the proposed project which includes the division of the space but the two applications the Commission is acting on are the Development Review for the facade (exterior renovations) and the Signage Program. Chair/Shah asked if the subdivision was actually an FYI and was not part of the approval process. CDD/Gubman stated that these issues go hand- in-hand because the current shell building facade was for one tenant (PetSmart) and now, not only is the interior being subdivided, the exterior is going to include the creation of five store fronts plus the main entrance to the mini -mall. The exterior facade is being chopped up and the architectural elements go hand-in-hand with that. It is difficult to dissect one from the other. To make this project work they need to modify the exterior. Chair/Shah said he was concerned about the increase in the number of tenants, when they might receive deliveries, and whether the tenant's space is enough for the retail business and storage. it occurs to him that there.will be more people moving about. SP/Lee.responded that delivery trucks should be accessing the rear and side of the building only. SP/Lee suggested the Commission speak with the owner about the hours of delivery and other related matters., VC/Lee said he was concerned about the residents in the neighborhood getting all of the information. SP/Lee explained that the project description was in the public notice mailed to all of the property owners: The public notice described the subdivision, the development reviews for the exterior facade change as well as, the signage. Everything is also explained in; staffs report regarding the project' approvals. Mike Paz, owner's representative, stated that he and his associate, Mike Coury and.the..property owners are very excited about this project and looked forward to making something useful out of, this, piece of property.that they have been struggling with for several years. He felt that staff had done an excellent job over the years and more especially during the past year to develop a project for which everyone could be proud. During these- difficult <economic times `the project is' intended to : 'respond to the economy in the : form of retail and OCTOBER 25, 2011 PAGE 5 PLANNING COMMISSION businesses to accommodate the public. He stated that he is very proud to present this project to the Commission. Project architects are available to answer any questions. Chain agreement with the landscape asked if the .applicant was g p requirements. Mr. Paz said they were and they would like the opportunity to sit with staff to review the landscaping which was approved in 2008. Given the Water shortage and conservation measures, the owner would like to revisit the requirementsto see what he can.do to make the landscaping more attractive and at the same time conserve more water. C/Nelson asked what Mr. Paz felt about changing the, signage to make English and Korean more 50/50. Mr. Paz said he discussed that issue with the owner and thought it was fine. C/Nelson again stated. that, it would not be a requirement and Mr. Paz said he understood and thought C/Nelson's recommendation would be a very good idea. The owner has no problem doing so and both would like to be able to drive up to a mini -mall and have both translations available. Chair/Shah felt the layout and architecture was very well planned. He asked Mr. Paz to explain storage and delivery for tenants. Mr. Paz stated that the space consists. of non-bearing walls that can be moved. If a tenant requires a 2500squarefoot place, that could be accommodated. The property owner, would definitely make sure that adequate, stock space was provided. for. each tenant space. For example, if a tenant leased a 2200 _square foot space it would have to accommodate their storage needs. Tenants are not limited to the configuration. Chair/Shah said he was concerned about delivery and whether the stock would provide a nuisance and fire hazard. Mr. Paz said those concerns are included in this project. The owner will implement a design criteria package that the tenants will agree to as part of the lease. which includes interior and exterior signage, blinking lights, colors and materials, etc. With respect to parking, currently, some of the employees.are parking in front and they will be requested to park in the back and the owner will make sure there is proper lighting. This will open up -additional spaces in the front for customers. Secondly, the concern regarding parking and the number of people, it would be a great thing if the parking lot was full and there were that many people shopping at the center, but some of these spaces will be service for the dentist office, etc., and.it will not be strictly retail parking. hair -cutting salon, VC/Lee stated that many Asian visitors park their, cars in the parking lot for hours and take a bus to other areas and then return and he wondered if it might create a circulation problem if the parking lot was used for a "rest" area. Mr. Coury responded that people who arrive by bus do not have cars. They.use bus transportation to come to the center to visit restaurants, shops, retail. stores, d do not leave cars in the parking lot. etc., get back on the bus and leave an Every shopping center has a problem with the car pool lane being close to the OCTOBER 25, 2011 PAGE 6 PLANNING COMMISSION freeway. The shopping center has had people who park their car in the lot and hop in other cars so that they can car pool someplace. The owner stays on top of that with a-tow company that leaves a scout at the center-24-hours a day. - The owner has spent a great deal of money addressing this issue. CDD/Gubman stated that this is an ongoing problem with the shopping. center parking lot being used as a park-n-ride where this kind of conduct occurs, and this property owner has been diligently attempting to discourage that behavior by having 'vehicles towed. He said he could vouch for the owner's attempt to address the problem of non-patrons using businesses to park their vehicles, not patronize the City's businesses and contribute to the tax base. Chair/Shah opened the public hearing. With no one present who wished to speak on this matter, Chair/Shah closed the public hearing. C/Nelson emphasized that the matter of the signage English v. Korean is simply a suggestion and not a requirement. C/Torng concurred and said he was pleased that this property owner was willing to invest in Diamond Bar, and hoped the landscaping could be improved to encourage more patrons to the center. VC/Lee said he agreed with C/Torng. C/Torng moved, VC/Lee seconded, to approve Development Review and Comprehensive Sign Program No. PL2011-279; 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: Nelson Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman stated that no items are scheduled for the November 8 and November 22 Planning Commission meetings and wished. everyone a Happy Veterans' Day and Happy Thanksgiving. OCTOBER 25, 2011 PAGE 7 PLANNING COMMISSION CDD/Gubman further stated that it is time to revisit the City's Code and complete a number of housekeeping items and updates to the provisions to reflect changes in state and federal regulations and streamline some of the more cumbersome sections of the Code to make them more user-friendly. Also for the December 13 agenda, the shopping center anchored by Von's and CVS is proposing to divide into a number of parcels. The section of the shopping center that includes CVS is a parcel that extends from the CVS parking lot out to Golden Springs Drive. The property owner is proposing a Subdivision Map to create individual parcels for tenants currently occupying CVS and the spaces between the drugstore and the corner gas station. At this time, no other items are planned for that agenda. CDD/Gubman reported that with respect to Site D, there is nothingpending with the City Council. However, the WVUSD has begun their process of offering first right -of -refusal on the property to public entities before they can go out to the market for competitive bid. There are things in motion to dispose of the property and there is still some discussion between the City and the school district about how to divide up the proceeds; a decision point that needs to be made before the EIR and Specific Plan is presented to the City Council. Chair/Shah encouraged everyone to vote on November 8: 10., SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda: ADJOURNMENT: With no further business before the Planning Commission, Chairman Shah adjourned the regular meeting at 7:54 pm to December 13, 2011. The foregoing minutes are hereby approved this 13th day of December, 2011. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jack'Shah; Chairman