HomeMy WebLinkAbout02/25/2014 MinutesMINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
FEBRUARY 25, 2014
Vice Chairman Frank Farago 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 Lin led the Pledge of Allegiance,
Present: Commissioners Jimmy Lin, Jack Shah, and Vice
Chairman Frank Farago
Absent: Commissioner Ashok Dhingra was excused
Also present: Greg Gubman, Community Development Director; Grace
Lee, Senior Planner; Natalie Tobon, Assistant Planner; Josue Espino, Assistant
Planner; and Stella Marquez, Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Glenn Vickers,
852 Bridle Drive, said he has lived in Diamond Bar for almost 30 years and has
seen the City change a lot over the years and was curious why things are moving
along so slowly. For example, the Ralphs Shopping Center location has been
vacant for more than two years. The City has very few restaurants and commercial
business. Development seems to spring up overnight in adjacent cities while
Diamond Bar remains stagnant. It appears to him that the City is more interested in
getting traffic through the City rather than bringing business into Diamond Bar.
CDD/Gubman responded to the speaker that all of the cities mentioned by the
speaker have or had Redevelopment Agencies. Shortly after Diamond Bar's
incorporation there was an effort to establish a Redevelopment Agency in the City
and through legal maneuvering, that effort failed, so the City has never had the tools
of Redevelopment under the laws and property tax valuation rules that enable cities
to obtain debt to finance such projects. As a result, other cities that had
Redevelopment Agencies seized those opportunities and were able to pursue
economic development opportunities when Diamond Bar simply did not have those
tools. In terms of the City's economic development efforts in the absence of the
Redevelopment Agency the City has been actively reaching Out to the owners of
FEBRUAY 25, 2014 PAGE 2 PLANNING COMMISSION
some of the underperforming shopping centers, most critically the Kmart Center and
former Honda property. With respect to the Kmart Center, there are opportunities
even without redevelopment tools to see some dramatic transformation occur on the
property. What is holding that property up is Kmart which has more of an interest in
holding the property hostage because of the incredibly low lease rates they obtained
several decades ago for which they are seeking a high buyout ($10 million). The
property owner is very interested in buying out the lease but the property owner and
Kmart have not been able to come together on a buyout price. In addition to that,
there are parcels within that area that need to be under single ownership; however,
they are broken up under multiple owners. The owner of the Kmart property has
succeeded in assembling some parcels under their ownership but the effort is
somewhat thwarted by the Kmart site stalling the progress. Once the Kmart issue is
resolved there should be development/repurposing of the site. The Honda property
has recently undergone a significant market study to establish the highest and best
use and the analysis validated the theory that a hotel product would be the most
desirable replacement use for the site. There is interest within the hotel industry in
developing on that property. Just before the Honda dealership closed, the owner of
the site purchased it for about $10 million and from the study, the City understands
the residual value of the site is about 60 percent of what the owner paid so there
may be some hesitation with the property owner moving forward or obtaining the
price they would like to see to recoup the cost for purchasing the property at the
height of the market (2007). The Ralphs Shopping Center has a major national
credit tenant that is interested in moving into the 40,000 square foot Ralphs space
that has submitted plans to the City's Building Department which are currently in the
midst of the plan check process. in addition, there are still some negotiation points
that are being discussed between the owner of the shopping center and the tenant
and until those issues are resolved the proposed tenant will hold off on obtaining
building permits needed to proceed with tenant improvements for the site.
In the recent past the City actively pursued a mixed-use commercial and residential
plan for Site D that included a 10 -acre shopping center and a 10 -acre residential
development. Ultimately, the City Council approved a 100 percent residential
project which will be underway in the coming months which will provide an additional
182 housing units and help further traffic in the shopping center at the intersection
of Grand Avenue and Diamond Bar Boulevard and further enhance the very good
performance of the H -Mart based Shopping Center. Looking to the future, there are
the 700 acres in Tres Hermanos, the large undeveloped area of Grand Avenue
between Diamond Bar and Chino Hills currently owned by the City of Industry and
previously by the Industry Redevelopment Agency which provides the possibility that
the site will be placed on the market. Because the land is in the City and the City
FEBRUAY 25, 2014 PAGE 3 PLANNING COMMISSION
retains control over the site Diamond Bar will have maximum influence on the
potential land use plan were the site go onto the open market. The golf course
property is located on over one mile of freeway frontage on one of the busiest
stretches of freeway in the nation boasting 300,000 vehicles per day. Where there
is a golf course at this time, based on the visibility and freeway exposure as well as
the adjacent ramps, it would seem to present a great opportunity for creating a
significant commercial/mixed-use downtown type of redevelopment. However, this
remains a controversial issue and there are strong opinions on both sides of the
issue. Considering the available land opportunities, the golf course site is
unsurpassed by most other commercial sites in the region.
When Ralphs left the City, the City took the initiative on behalf of the property
owners to reach out to 22 supermarkets and food retailers including Trader Joe's,
Sprouts, Bristol Farms, Whole Foods, etc., and for various reasons although a
couple were interested, ultimately all passed on the location because of unfavorable
metrics. It has been difficult to persuade some of these retailers to consider
Diamond Bar because they are focused on a certain set of parameters to make their
site selections. The PR efforts in the City have been focused on attracting national
retail tenants and to ask them to look more critically at the factors on which they
base their decisions to consider the high income and education factors of Diamond
Bar and place less emphasis on some of the criteria on which they rely that does
not really apply to the Diamond Bar sites. In short, the City has been constrained by
not having the redevelopment option but is using resources it has to help move
some of the stationary pieces and hopes to see more commercial activity in the next
few years.
C/Shah asked CDD/Gubman to comment on Target and H --Mart.
CDD/Gubman stated that the Target property was previously planned to be
developed as a medical complex. Lewis Operating Corporation saw the opportunity
to site big box retail at that location and as a result, the City worked very hard to get
Target interested in the site and through that partnership, Brookfield was brought in
to develop the housing above the Target site. The proceeds from moving a
residential component to a mixed-use site provided the subsidy for developing the
commercial and bringing other tenants on board. The City was successful in
bringing Chili's in. After purchasing the now vacant pad, Panda intended to put in a
Panda Express along with one or two secondary tenants. Due to the economic
conditions at the time, Panda reconsidered that, fearing cannibalization from the
Panda store in Walnut at Grand and Valley. While they continue to hold the
property and there has been a lot of interest from other restaurant owners to build
0
4.
PAGE 4 PLANNING COMMISSION
on the site, Panda is not ready to build or sell. The H -Mart site is a success story.
When it was the Country Hills Towne Center it was in decline for several years after
the supermarket left and the theater closed. A developer came on board who was
able to bring Super H -Mart to Diamond Bar which was the first Super -H Mart that
was opened in California as part of their western expansion. Shortly thereafter, they
opened a store in Irvine. Opportunities the City has been able to pursue with
capable developers has resulted in H -Mart, the new Chase Bank Building, the office
building at the Fountain Springs end of the shopping center as well as infilling of
tenants to bring the shopping center to nearly 100 percent occupancy. This is the
model the City is attempting to repeat whenever and wherever possible working
within restraints that have slowed the pace of developing commercial land inventory.
APPROVAL OF AGENDA: As presented
CONSENT CALENDAR:
4.1 Minutes of the January 14, 2014, Regular Meeting.
C/Lin moved, C/Shah seconded, to approve the January 24, 2014, regular
meeting minutes as presented. Motion carried by the following Roll Call vote:
i
AYES:
NOES:
ABSENT:
ABSTAINED
5. OLD BUSINESS:
L1.
NEW BUSINESS:
7. PUBLIC HEARING(S):
COMMISSIONERS:
Lin-, Shah
COMMISSIONERS:
None
COMMISSIONERS:
Dhingra
COMMISSIONERS:
VC/Farago
None
None
7.1 Development Review No. PL2013-357 — Under the authority of Diamond
Bar Municipal Code Section 22.48, applicant Joseph L. Hernandez and
property owner Charles Simmons, requested Development Review approval
to construct a 1,786 square foot, two-story addition; a new 441 square foot,
two -car garage; a 220 square foot garage addition and other site
improvements to an existing single family residence consisting of 2,905
square feet of livable area and a 473 square foot garage on a 58,806 square
foot (1.35 gross acres) lot. The subject property is zoned Rural Residential
(RR) with a consistent underlying General Plan land use designation of Rural
Residential (RR).
PROJECT ADDRESS
PROPERTY OWNER
PAGE 5 PLANNING COMMISSION
22410 Ridge Line Road
Diamond Bar, CA 91765
Charles Simmons
22410 Ridge Line Road
Diamond Bar, CA 91765
APPLICANT: Joseph L. Hernandez
19092 Callaway Circle
Huntington Beach, CA 92648
AP/Espino presented staff's report and recommended Planning Commission
approval of Development Review No. PI -2013-351, based on the Findings of
Fact, and subject to the conditions of approval as listed within the resolution.
C/Shah asked if there were any trees slated for, removal/relocation and
AP/Espino responded that there is a large oak tree located at the top of the
buildable pad that is conditioned to be protected during construction. No
other native vegetation is being altered and the majority of the addition is
proposed to be located over the existing pad of the property.
C/Lin asked what staff meant by "legalize" the covered patio. AP/Espino
explained that there is an existing detached patio cover that sits at the rear of
the property and meets current standards and remains within the existing lot
coverage. The structure was built without a building permit and based on
staff's analysis of historical aerial views appears to have been in existence
for over 20 years. In order to legalize that structure the applicant would have
to submit building plans to the Building and Safety Department to show that
the structure is built to code and obtain a building permit to validate the
construction. C/Lin asked if an approval had to include a variance and
AP/Espino stated no, that the structure did not require a variance because it
is within the development standards and meets all of the code requirements
for development.
C/Lin asked how long the building has been on the property and AP/Espino
reiterated that according to historical aerials it appeared that the structure
has existed for approximately 20 years.
VC/Farago opened the public hearing.
FEBRUAY 25, 2014 PAGE 6 PLANNING COMMISSION
Charles Simmons, property owner, said he has lived at the residence since
1970. With respect to public comments, he commented that when
Transamerica Development Corporation developed Diamond Bar they
wanted only single-family dwellings and there was much controversy about
whether the City would turn them into multiple condominiums, whether there
would be large developments, etc. and a legal battle ensued. With respect
to his project, none of the trees will be changed. The driveway will be
changed from asphalt to pavers. Diamond Bar is a great City and he would
not want to live any other place. C/Lin asked if Mr. Simmons had horses in
the stable and Mr. Simmons responded not at this time. When Transamerica
developed Diamond Bar horses were not allowed and the County got around
that by allowing greenhouses or utility rooms. At this time, the structure is
used as a utility storage and will continue to be used as such.
VC/Farago closed the public hearing.
C/Lin moved, VC/Far ' ago seconded, to approve Development Review
No. PL2013-357, 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:
Lin, Shah, VC/Farago
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Dhingra
7.2 Development Review No. PL2013-660 — Under the authority of Diamond
Bar Municipal Code Section 22.48, applicant Richard Stiles and property
owners Nan Wu and Ji Li requested Development Review approval to
construct a 1,051 square foot two-story addition to an existing single family
residence consisting of 1,315 square feet of livable area, and a 449 square
foot garage, on a 0.19 gross acre (8,440 square foot) lot. The subject
property is zoned Low Medium Density Residential (RLM) with a consistent
underlying General Plan land use designation of Low Medium Density
Residential.
PROJECT ADDRESS
21725 Lost River Drive
Diamond Bar, CA 91765
Nan Wu and Ji Li
21725 Lost River Drive
Diamond Bar, CA 91765
APPLICANT: Richard Stiles
21616 Birch Hill Drive
Diamond Bar, CA 91765
AP/Tobon presented staff's report and recommended Planning Commission
approval of Development Review No. PL2013-660, based on the Findings of
Fact, and subject to the conditions of approval as listed within the resolution.
VC/Farago opened the public hearing.
Richard Stiles, contractor, said he was available for questions the
Commission might have.
VC/Farago closed the public hearing.
C/Lin asked if the architect's seal was required on the plans and
CDD/Gubman responded that the plans submitted to Building and Safety for
building permits require wet stamps or structural engineering requirements
for second stories.
C/Lin moved, C/Shah seconded, to approve Development Review
No. PL2013-660, 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:
Lin, Shah, VC/Farago
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Dhingra
7.3 Development Review No. PL2013-487 — Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant Armando Olguin and
property owners Leo and Teresita Abrazaldo, requested development
Review approval to construct a 752 square foot single -story addition to an
existing single-family residence consisting of 2,883 square feet of livable
area and a 606 square foot garage on a 0.19 gross acre (8,185 square foot)
lot. The subject property is zoned Low Medium Density Residential (RLM)
with an underlying General Plan land use designation of Low Density
Residential.
PROJECT ADDRESS: 24306 Sentry Drive
Diamond Bar, CA 91765
FEBRUAY 25, 2014 PAGE 8 PLANNING COMMISSIOP
PROPERTY OWNER: Leo and Teresita Abrazaldo
24306 Sentry Drive
Diamond Bar, CA 91765
APPLICANT: Armando Olguin
1168 San Gabriel Boulevard, Suite P
Rosemead, CA 91770
AP/Tobon presented staff's report and recommended Planning Commission
approval of Development Review No. PI -2013-487, based on the Findings of
Fact, and subject to the conditions of approval as listed within the resolution.
VC/Farago opened the public hearing.
Amando Olguin, applicant, explained that the addition is to mainly serve the
owner who is having difficulty traversing the stairs and there is currently no
bedroom downstairs.
C/Shah moved, C/Lin seconded, to approve Development Review
No. PI -2013-487. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
Lin, Shah, VC/Farago
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
Dhingra
7.4 Tentative Parcel Map No. 72730 and Development Review
No. PL2013-138 — The applicant requested approval of a Development
Review to modify the exterior fagade of an existing 51,232 square foot office
building on a 3.59 gross acre lot. A Tentative Parcel Map is also being
requested to convert the existing building into office condominiums and
subdivide air space for 21 units. The property is zoned Office Professional
(OP) with an underlying General Plan land use designation of OB (Office
Business Park).
PROJECT ADRESS
PROPERTY OWNER
1470 Valley Vista Drive
Diamond Bar, CA 91765
1470 Valley Vista LLC
c/o CB Commercial
388 E. Valley Vista Boulevard #105
Alhambra, CA 91801
FFEBRUAY 25, 2014 PAGE 9 PLANNING COIVIIVIISSIC�L
APPLICANT: Rick Wang
Creative Design Associates
17528 Rowland Street
Industry, CA 91748
SP/Lee presented staff's report and recommended adoption of the resolution
recommending City Council approval of Tentative Parcel Map No. 72730 and
Development Review No. PI -2013-138, based on the Findings of Fact, and
subject to the conditions of approval as listed within the resolution.
C/Shah asked for a photograph depicting the current and proposed
elevations and SP/Lee referred C/Shah to the site plan.
C/Lin asked if the 10 foot setback to the north existed as a result of the
original construction being under LA County's jurisdiction to which SP/Lee
responded that C/Lin was correct. C/Lin asked if ownership of the two larger
units would be retained by the property owners and SP/Lee said she
understood that to be correct and that they would be leasing the two spaces
to the current tenants. C/Lin asked if in the event the two larger tenant
spaces became vacant the owner could come back to the City to subdivide
those larger units. SP/Lee explained that the property owner would need to
submit a plan to the City and amend the map for further subdivision of the
space. C/Lin said his understanding was that once the condominiums were
registered they could not be subdivided again. C-DD/Gubman stated that if
the property owner was operating within the rules of the condominium it
could be partitioned into leasable units but the airspace would be fixed
without going through a formal map amendment. The board would have to
take formal action and it would entail a complicated reconfiguration of the
airspace subdivision of the site. Therefore, it might be a more feasible
alternative for the owner of the unit to lease if to multiple tenants and still
retain ownership of the unit. The Department of Real Estate enforces the
laws that apply in this situation.
VC/Farago opened the public hearing.
Kenneth Pang, Creative Design Associates, deferred to staff's report and
said he would be happy to answer any questions the Commission might
have.
VC/Farago closed the public hearing.
FEBRUAY 25, 2014 PAGE 10 PLANNING COMMISSION
C/Lin moved, C/Shah seconded, to adopt the resolution recommending
approval of Tentative Parcel Map No. 72730 and Development Review
No. PL2013-138, based on the Findings of Fact, and subject to the
conditions of approval as listed within the resolution.
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Lin said he saw Commissioner Dhingra as a very fine gentleman who served the
Planning Commission and has been a tremendous help to the Commission on
some of the issues that have been brought forward. He will be missed.
C/Shah said he knows Commissioner Dhingra well. He is a fine gentlernan and has
been very good at his duties as a Planning Commissioner. Unfortunately, his term
was too short lived and surely, the Commission will miss him.
VC/Farago thanked Commissioner Dhingra for his service to the Community. He
did an excellent job as a Commissioner and we appreciate his time with the
Commission even though it was very short.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
CDD/Gubman stated that the City Council will be recognizing C/Dhingra's
service to the Commission at next Tuesday's City Council meeting. Staff is
very sorry to see him go because staff reached out to him and asked him to
apply for the opening that was available when Commissioner Nelson left and
the City was very happy that he was part of the Commission who
immediately established himself as an equal among his peers, and he did
great work for the short time he was on board.
CDD/Gubman said he neglected to reintroduce the Commission to Josue
Espino who worked for the City as a contractor last year until he sought full
time employment with the City of La Puente. When staff was approved to fill
the Assistant Planner vacancy with the new budget, Josue applied for that
position and out of 150 applicants, seven semi-finalists and five finalists, was
the City's top pick and is now a fully vested member of City staff and staff is
very happy to have him on board for hopefully a long time.
FEBRUAY 25, 2014 PAGE 11 PLANNING COMMISSIOL
The March 11 Planning Commission meeting will be adjourned for lack of
agenda items so tonight's meeting will be adjourned to March 25. On that
date two new Planning Commissioners will be seated: Peter Pirritano from
Traffic and Transportation and Ruth Low who will be coming back to the
Commission for a second stint. On March 25 the Commission
Reorganization will take place and the Commission will be asked to select
the Chair and Vice -Chair for the next one-year term. There is currently one
item scheduled for the March 25 agenda which is a residential addition on
Blaze Trail.
C/Lin asked whether the proposed tenant for Ralphs Shopping Center was
imminent and CDD/Gubman explained that the Walmart Neighborhood
Market is the tenant going in and they have submitted plans for plan check.
However, apparently there are still negotiations that are yet to be resolved.
Staff was expecting an opening prior to August 2014 and he is not sure that
will happen at this point.
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission, Vice
Chairman Farago adjourned the regular meeting at 8:13 p.m.
The foregoing minutes are hereby approved this 25th day of March, 2014.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director