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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