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HomeMy WebLinkAbout3/12/2013MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 12, 2013 Vice Chairman Nelson called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance. amnnu��� Present: Commissioners Frank Farago, Jack Shah, Tony Torng, Vice Chairman Steve Nelson Absent: Chairman Jimmy Lin was excused. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Natalie Tobon, Assistant Planner; Josue Espino, Contract Planner; and Stella Marquez, Administrative Coordinator. 2. REORGANIZATION OF THE PLANNING COMMISSION: C/Torng nominated C/Nelson to serve as Chairman. C/Shah seconded the nomination. There were no other nominations offered. C/Nelson was approved to serve as Chairman of the Planning Commission by the following Roll Call vote: C/Torng Yes C/Shah Yes C/Farago Yes C/Nelson Abstain C/Lin Absent C/Shah nominated C/Torng to serve as Vice Chairman of the Planning Commission. C/Farago seconded the nomination. There were no other nominations offered. C/Torng was approved to serve as Vice Chairman of the Planning Commission by the following Roll Call vote: C/Shah Yes C/Farago Yes C/Torng Abstain Chair/Nelson Yes C/Lin Absent 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 4. APPROVAL OF AGENDA: As presented MARCH 12, 2013 5. CONSENT CALENDAR: PAGE 2 PLANNING COMMISSION 5.1 Minutes of the Regular Meeting of February 26, 2013. VC/Torng moved, C/Shah seconded, to approve the Minutes of the Regular Meeting of February 26, 2013, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 6. OLD BUSINESS: 7. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None 8. CONTINUED PUBLIC HEARING(S): Farago, Shah, VC/Torng, Chair/Nelson None C/Lin 8.1 One Year Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 — Under the authority of Diamond Bar Municipal Code Section 22.66.050, applicant Joe Kwok submitted a request for a one-year extension of time to begin construction on a nine -unit residential condominium project on a 0.62 acre lot. The project was approved on November 20, 2007, with a three (3) year timeframe to obtain building permits and begin construction. On February 4, 2011, the project was approved for a one-year time extension and on April 3, 2012, the project was approved for an additional one- year time extension (Continued from February 26, 2013). PROJECT ADDRESS: 23671 Golden Springs Drive Diamond Bar, CA 91765 PROPERTY OWNER: GSDB Investment, LLC 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 APPLICANT: Joseph Kwok 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 AP/Tobon presented staff's report and recommended that the Planning Commission recommend City Council approval of the 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. C/Shah asked when the one-year extension would expire and AP/Tobon responded that it would end in November 2013. C/Shah asked how many times MARCH 12, 2013 PAGE 3 PLANNING •M •° the applicant can request an extension and CDD/Gubman responded that there are two components to this entitlement — one is the Tract Map for the condominium subdivision of the site and the second is for the architectural approval. There have been three bills passed by the legislature since 2009 granting automatic extensions to Tentative Tract Maps so while normally an applicant would be limited to two extensions for the Tract Map under the City's Subdivision Code, the state supersedes all local time limits with Tract Maps by having added a total of five years to the initial expiration. Therefore, the Map is automatically extended without any action on the City's part. In essence, the only decision-making matter at hand with this project is the extension of the architectural approval to track with the expiration of the condominium map. There are no limits to the number of times the City Council can extend the architectural approval. The initial approval period is two years after which the applicant may request extensions on an annual basis. Chair/Nelson reopened the public hearing. Joseph Kwok, applicant, stated that last year the project finally obtained approval for its sewer map and grading plans and he has been working on getting the construction plans in place which are anticipated to be completed fairly soon so that they can be submitted in the next couple of weeks. Hopefully, this will be the last time he will be requesting an extension. Chair/Nelson closed the public hearing. C/Torng moved, C/Farago seconded to recommend City Council approval for the One Year Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: C/Lin 9. PUBLIC HEARING(S): 9.1 Conditional Use Permit No. PL2012-1107 — Under the authority of Diamond Bar Municipal Code Section 22.58, applicant U.S. Arts & Design and property owner Kenny Yu requested a Conditional Use Permit to operate a 2,600 square foot art school within Golden Springs Plaza, a 52,460 square foot center. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 20657 Golden Springs Drive, Unit 210 Diamond Bar, CA 91765 MARCH 12, 2013 PAGE 4 PLANNING COMMISSION PROJECT OWNERS; Kenny Yu 20657 Golden Springs Drive, Unit 102 Diamond Bar, CA 91765 APPLICANT: U.S. Arts & Design 17412 Colima Road Rowland Heights, CA 91748 CP/Espino presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PI -2012-1107, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah asked if the hours of the business were intended to be 9:00 a.m. to 6:00 p.m. and CP/Espino responded "yes." VC/Torng said he did not see a drawing for the design of the room on the map. CP/Espino offered VC/Torng a copy of the floor plan for his perusal. Chair/Nelson asked the record to reflect that the Commission had been handed a floor plan of the facility. VC/Torng asked if there were seven teachers for seven classrooms and CP/Espino said the rooms would include office personnel, a receptionist and four instructors, one for each of the four classrooms that run down the left side of the plan. As one enters the unit on the right side (of the plan) there is a reception area, office, meeting room and conference room along with an open studio area toward the back. Chair/Nelson asked that CP/Espino step up to the dais to review the plans with the Commissioners and then go through the same steps with the audience members. VC/Torng asked for cautious consideration of the parking demand. Based on staff's study the parking spaces are adequate and it would be helpful to consider the other businesses in the center because the parking will fill up quickly since there are only 243 parking spaces. He asked if 24 parking spaces was a reasonable amount for the proposed project. The study shows a potential maximum of 64 parking spaces being used. CP/Espino told VC/Torng that he was correct. The code requirement would call for only 20 spaces. Thirty spaces were approved for the music school which takes into account the overall demand. So for the art studio, the overall demand that staff calculated would at worst case scenario, be at 67, which is a very narrow window on Fridays assuming all businesses would be operating at a peak level. VC/Torng said that his point was that when staff comes back to the Planning Commission in six months he would like more detailed information about the entire shopping center with respect to what other types of businesses are included so that the proposed number of parking spaces for the art studio would be more easily justified. Already, two businesses occupy nearly 20 percent of the available shopping MARCH 12,2013 PAGE 5 PLANNING COMMISSIOM center parking spaces and one-tenth of the total square footage of the shopping center. He said he is not concerned at this time; however, he is concerned about the future. CDD/Gubman thanked VC/Torng for his comments and stated that when staff comes back to the Commission a more thorough and understandable breakdown of the relationship between the parking requirements and the business/parking demands compare. Staff will include some discussion about how, although an individual business at a peak time may generate a demand that is a significant percentage of the overall parking provided, since there is a diversity of business hours within that center, two businesses can basically occupy the same parking spaces in time. At this time and based on the analysis, staff is confident that all parking demands can be met onsite with some surplus. The reason for the six- month follow is to make certain the analysis is on point and to determine whether there are any additional issues that may arise which might require adjustments to operating hours to eliminate any potential conflicts. VC/Torng thanked CDD/Gubman for his explanation. C/Shah said that on the north side of the plan on the exterior corridor it looks to him like there is a staircase. CP/Espino explained that this is the architectural projection from the building where there is an art element. It is not a staircase. C/Shah said that it looked like a pergola on the second floor. CDD/Gubman referred C/Shah to the color photo on Page 5 of staffs report which shows a similar architectural feature on the left side of the building at the second floor level (a radius fascia) and just below that is what looks like an upturned awning type of architectural feature. C/Shah said that on the drawing it shows other businesses across the corridor. CP/Espino went to the dais to explain that what C/Shah was observing were parking spaces at the end of the building. Chair/Nelson opened the public hearing. Peter Chen, U.S. Arts & Design, explained that this site is an after-school teaching center which teaches only drawing and painting. This center provides fundamental art and some consulting service for high school students who expect to enter top universities with a portfolio of art work. U.S. Art Academy commenced doing business in 2000. In addition to the Diamond Bar site, there are sites in Rowland Heights, Irvine, Pleasanton and an affiliated location in San Diego., In January 2013, a site was opened in Arcadia. The academy has great expectations for the Diamond Bar site. Currently, about one-third of the Rowland Heights participants come from Diamond Bar and some of the parents have requested for many years that they would like a school in Diamond Bar so that their kids could be closer to home. Once the Diamond Bar school is open it will allow more participation from Walnut, Chino and Chino Hills. The proposal for Diamond Bar is for four teachers for each of four classrooms for teaching drawing and one portfolio studio with one professional instructor to help students. There is one room for consulting with parents and one meeting room. In the front 10. 11. �.K PAGE 6 PLANNING COMMISSION will be an office manager and receptionist for a total of seven employees. With respect to parking, the art classes are very different from music classes. Some of the music classes require that parents sit with their students which would mean more parking for two hours. Conversely, parents drop off and pick up students from the art school. The Rowland Heights studio has never experienced a parking problem. VC/Torng asked Mr. Chen if he read and agreed with the conditions of approval for this project and Mr. Chen responded yes, that they would follow all of the rules and requirements. Chair/Nelson closed the public hearing. Chair/Nelson commented that as the state budget goes with respect to education, it is apparent that the arts will be cut out and he commends this kind of a project and this kind of a culture. C/Shah moved, VC/Torng seconded, to approve Conditional Use Permit No. PI -2012-1107. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, VC/Torna, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: C/Lin PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah congratulated Chair/Nelson and VCrI-omg on their appointments. VC/Torng congratulated Chair/Nelson and thanked his colleagues for their support in his new position. He said he felt the Planning Commission would have a good year and he thanked staff for their reports. Chair/Nelson echoed VC/Torng's comments. STAFF COMMENTS/INFORMATIONAL ITEMS: 11.1 Public Hearing dates for future proiiects. CIDD/Gubman congratulated Chair/Nelson and VC/Torng on their appointments. Having worked with both individuals previously, he knows what he needs to do. After more than a year in the City Hall tonight was the first time the equipment malfunctioned. However, staff made it through the evening and appreciates the Commissions indulgence. Hopefully, the problems will be resolved for the March 26 meeting for which there is one item on the agenda, an addition to a single family residence on High Knob. MARCH 12,2013 PAGE 7 PLANNING COMMISSIOJ,, CDD/Gubman announced that with respect to the Shell Station at Palomino and Diamond Bar Boulevard, the court accepted the City's petition to have the property taken over by a court-appointed receiver and this week the receiver will be meeting with perspective contractors on-site and shortly after, a contractor will be selected. There is a process that needs to be navigated through the courts to secure the funding and to get the signoff's to actually proceed with the work; however, the City is well underway toward that end. While the work will not be immediately commencing, the City is mobilizing its efforts which the property owner failed to do when the property was under their control. The City will be installing chain link fencing by the end of this week to secure the site and to hopefully provide some indication that progress has forward momentum. The public has grown weary of the deteriorating conditions on the property and the City did not realize that the legal proceedings could be so protracted; however, staff is very relieved to have finally reached the milestone that will enable the City to see the project completed and operational so that the City will once again be earning sales tax from a business that is in a "very important" category to the City's sales tax base. C/Shah asked what business would be established at the site. CDD/Gubman responded that most likely it will be a Shell Station. Staff believes that the most likely purchaser of the property would be one that has a long relationship with Shell. C/Shah asked if plans were still in the making for a Wal Mart to move to the old Ralph's market. CDD/Gubman responded that he has heard nothing since the article in The Patch came out and has nothing to report at this'time. 12. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:42 p.m. The foregoing minutes are hereby approved this 23rd day of April, 2013. Attest: Respectfully Submitted, Greg Gubman Community Development Director Q,4n� "t ve' Nelson, Chairman