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HomeMy WebLinkAbout01/27/2015 MinutesMINUTES OF THE CITY OF s • •.' MEETING OF i:.COMMISSION JANUARY 27, 2015 Chairman Frank Farago called the meeting to order at 7:01 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Chairman Farago led the Pledge of Allegiance. Present: Commissioners Ruth Low, Jennifer "Fred" Mahlke, Peter Pirritano, and Chairman Frank Farago Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Josue Espino, Assistant Planner; Natalie T. Espinoza, Assistant Planner; and Stella Marquez, Administrative Coordinator 2. SPECIAL PRESENTATION: Recognition of outgoing Commissioner Jimmy Lin. 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 4. APPROVAL OF AGENDA: As presented 5. CONSENT CALENDAR: 5.1 Minutes of the December 9 2014 Regular Meeting Chair/Farago moved, C/Mahlke seconded, to approve the December 9, 2014, regular meeting minutes as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN ABSENT: 6. OLD BUSINESS: 7. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS None 7.1 General Plan Status Report for 2014: Mahlke, Pirritano None Low, Chair/Farago None SP/Lee presented the General Plan Status Report for 2014 and asked that the Planning Commission review and approve the report and forward the report to the City Council to receive and file. JANUARY 27, 2015 PAGE 2 PLANNING COMMISSION CILow asked if the report is being presented this evening in a form that is convenient for the City Council's use or is this the form mandated by Government Code §65400(b). SP/Lee responded that the state mandates the City report on the progress of each element. Staff formatted the report to make it easy for the City Council to read the different programs that the City has implemented. CILow asked if filing the report is a ministerial duty on the City's part to comply with the state's requirement. SP/Lee responded that is correct. CILow complimented SP/Lee on a very excellent and comprehensive report and asked if it was reflective of only the actions taken during calendar year 2014 to which SP/Lee reiteratedthat it was. CILow asked if it in any way compared with what had happened during previous years to show that if there was something outstanding from 2013 that was approved and had not been completed it would appear on the 2014 report. SP/Lee responded no, that the report primarily contains current. calendar year's information only, but there could be follow-ups on ongoing programs that commenced in a prior year. Staff includes updates on programs and projects that have not yet been approved. CILow asked if it would be helpful to not only report on current year items but bring outstanding items forward as well. SP/Lee stated that under Capital Improvement Projects there - are certain projects that were not completed in 2013 that rolled over to 2014, and 2014 Capital Improvement Projects are included. CILow said that as an example she believed the Ralph's project started in 2013 and if they were approved in 2013 and did not build in 2014 and now the calendar year is 2015, would that item show up in 2014 as well as in 2013 and SP/Lee reiterated that each year would include a report of the progress of ongoing projects. CILow asked if the report reflects goals and whether those goals have been met or is that not helpful or relevant on this particular report. SP/Lee responded that the goals and objectives are stated and staff lists all programs that have been implemented, accomplished or met or projects that have been approved that fulfill those goals and objectives. CILow concluded that the goals and objectives are not quantified and SP/Lee responded that CILow was correct. Chair/Farago asked for public comment. With no one present who wished to speak on this matter, Chair/Farago closed public comments. CILow moved, C/Pirritano seconded, to approve the General Plan Status Report for 2014 and forward the document to the City Council to receive and file. Motion carried by the following Roll Call vote: JANUARY 27, 2015 PAGE 3 PLANNING COMFIDISS110il AYES: NOES: ABSENT COMMISSIONERS COMMISSIONERS COMMISSIONERS Low, Mahlke, Pirritano, Chair/Farago None None 8.1 Development Review No. PL2014-553 - Under the authority of Diamond Bar Municipal Code Section, 22.48, the applicant and property owner requested Development Review approval to construct a 421 square foot single story addition and 30 square foof porch to an existing 2,697 square foot single family residence with an attached 633 square foot garage on a 0.45 gross acre (19,445 gross square foot) lot. The subject property is zoned Low Density Residential (RL) with a consistent underlying General Plan land use designation of Low Density Residential. PROJECT ADDRESS: 21260 Chirping Sparrow Road Diamond Bar, CA 91765 PROPERTY OWNER/ Zinhua Gao 21260 Chirping Sparrow Road Diamond Bar, CA 91765 APPLICANT: German Cortez 1168 San Gabriel Boulevard, Suite P Rosemead, CA 91770 AP/Espinoza presented staff's report and recommended Planning Commission approval of Development Review No._ PL2014-553, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Farago opened the public hearing. German Cortez, Applicant, stated that for this project the owner wanted to relocate the living room to the front of the residence and modernize the front facade to match the neighborhood and create a front entry. Chair/Farago closed the public hearing. C/Pirritano moved, C/Mahlke seconded, to approve Development Review No. PL2014-553, 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: JANUARY 27, 2015 PAGE 4 PLANNING COMMISSION AYES: COMMISSIONERS: Low, Mahlke, Pirritano, Chair/Farago NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8.2 Development Review and Minor Conditional Use Permit No. PL2014-425 - Under the authority of Diamond Bar Municipal Code Sections 22.48 and 22.56, the applicant/property owner requested Development Review approval to remodel and construct a three-story addition consisting of 2,596 square feet of floor area and 1,269 square feet of balcony area to an existing 4,035 square foot, two-story single family residence with an attached 618 squarg foot garage on a 1.12 gross acre (48,787 gross square foot) lot. A Minor Conditional Use Permit was requested to allow a three story addition to an existing. nonconforming structure with a zero foot rear setback (where 25 feet is required). The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: 22909 Lazy Trail Road Diamond Bar, CA 91765 PROPERTY OWNER/ APPLICANT: Dr, Hitendra Shah 22909 Lazy Trail Road Diamond Bar, CA 91765 AP/Espino presented staff's report and recommended Planning Commission approval of Development Review and Minor Conditional Use Permit No. PL2014-425, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Low asked how the landscape plan for the front of the property fits into the City's water allocation for this property. After a general explanation of the City's Water Efficient Landscape Ordinance requirements, A/P Espino responded that this project is less than 5,000 square feet in improved landscape area and does not warrant an irrigation plan or formal landscape plan to be prepared by a landscape architect and this landscape plan, therefore, is exempt from that requirement; however, through plan check it .will be verified that it uses water efficiently. C/Low asked if this project was subject to "The Country Estates" Architectural Committee and asked if that approval had been obtained. AP/Espino said he understood the approval was in process and suggested the applicant might be able to respond to that question. JANUARY 27, 2015 PAGE 5 PLANNING •: 10 Dante Aguilas, Architect, ;stated that most of the landscaping at the front of the property is hardscape and continues with the present theme by merely adding more features to complement the fagade. C/Pirritano moved, CILow seconded, to approve Development Review and Minor Conditional Use Permit No. PL2014-425, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Cal! vote: AYES: COMMISSIONERS: Low, Mahlke, Pirritano, Chair/Farago NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Pirritano wished everyone a Happy New Year and thanked staff for their service to the Commission. CILow thanked staff and hoped everyone had a good holiday. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDDIGubman thanked Commissioners for their well -wishes, hoped they had enjoyed the holidays and were looking forward to a busy and eventful year. CDDIGubman reported that the owner of the property on which the former Kmart building sits finally has been able to buy the lease out from Sears Holdings, the parent company for Kmart, which is a significant milestone leading toward the redevelopment of that blighted center. The City Manager's office has engaged the property owner in discussion and staff is working with its economic development consulting partners to work in partnership to achieve the highest and best use for that property. Staff is very excited about the potential that is finally closer to being realized. CDDIGubman stated that the Planning Commissioners Academy will be held March 4 through 6 in Newport Beach. The deadline for online registration is February 3 (next Tuesday) and the City has budgeted for any and all Commissioners interested in attending to do so, so any Commissioner wishing to attend should advise staff no later than February 3 so that they can be registered. Every other year the academy alternates from southern to northern California and this year it is in southern California. If Commissioners have any questions he would welcome a call from them. Two seated Commissioners attended last JANUARY 27, 2016 PAGE 6 PLANNING COMMISSION year's academy and two seated Commissioners have not had the opportunity to attend past and he would be pleased to. provide an overview of what the; conferences provide in assisting practicing Planning Commissioners. CDDIGubman said that new state legislation came this year that returns to cities the regulatory authority over massage establishments. Planning staff will revise the existing ordinance pertaining to massabe to include more land use controls that cities are now able to apply to these types of business establishments. While staff is crafting new regulations a moratobum which was passed by the City Council on January 6 for a period of 45", days will remain in effect. At next Tuesday's City Council meeting staff will b` ; asking for an additional 10 months and 15 days to allow staff to continue work on the new ordinance. CDDIGubman stated that Mayor Tye will be making his Planning Commission appointment to backfill the vacancy left by�lnew Council Member Jimmy Lin. In addition, the new Council Member is required, pursuant to the City statues, to formalize an appointment to the City Council by April CDDIGubman updated the Commission onwthe City's efforts to design a gateway entry feature at the south end of the City bn the Willow Heights/Diamond Park site. Two landscape architectural firms are: being vetted to take over this project because the City experienced a rough start with the former landscape architect. Staff hopes to bring this project back to the front burner. CILow is a member of the subcommittee to help guide the design vision into something tangible and staff will update the Commission as the City enters into.a new contract with a designer that can fulfill the City's vision. CILow asked if the Kmart project would be open to the citizens of Diamond Bar for feedback. CDDIGubman responded that it is privately owned property, and while any proposed project is subject to "a public process, the form of public outreach and engagement for the Kmart site is unknown at this time. CILow asked what the City could do in terms of engaging the landlord in terms of developing the site and CDDIGubman responded that the City controls the zoning which is currently C-3 (sub -regional commercial designation) and permissible uses for the site. There are certain restrictions within that zoning classification. Given a property of that size compared to the Target property, it is large enough for the potential of a Specific Plan for greater customization of the site which would require zoning text and map amendments. The City can use its authority to rezone the property to work with the applicant to help fulfill the goals and aspirations that the community may have for the site. Through the Specific Plan process it allows the City to write incentive -based standards into any new ordinance that the City might adopt. So, if the City wishes some type of public amenity such as a park or some type of public space, that can be written in and perhaps the parking requirement could be reduced or additional signage could be allowed and additional building height to allow the square footage to be JANUARY 27, 2015 PAGE 7 PLANNING COMMISSION clustered on a smaller footprint. Without a Redevelopment Agency, the City does not have a lot of financial incentives so short of having that type of assistance the City would look to negotiate some amenities and flexibility. CILow asked if the pian would come to fruition in six to nine months and CDDIGubman said he could not speculate on a timeline because there are different scenarios that could play out depending on the overall size of the project area. Currently, the Kmart parcel consists of about 12 acres. The property owner also owns the strip center along Golden Springs Drive. What the property does not own is the property between the strip mall and Kmart (Ace Hardware and Dihiwala Indian Kitchen, etc.) so he cannot say anything involving buying and selling offers, but should a developer be able to acquire the middle piece, three contiguous parcels could be assembled for a larger and more comprehensive project. On the other side, Gentle Springs is a private street and should a developer be able to acquire any parcels on the other side of Gentle Springs, the street could be realigned and incorporated into the internal circulation for a Master Planned Development. There are many possibilities and it may be worth pursuing those types of plans rather than seeking a timeline within a year. Staff will continue to work with the property owner and see what can be done to influence efforts toward improvement. CILow asked what was happening with the property where the East 180 Restaurant was located. CDDIGubman responded that a new Japanese restaurant will occupy the former East 180 and there is exterior demolition work taking place at this time in preparation for an exterior remodel and tenant improvements for the interior. Plans for this project have been approved. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Farago adjourned the regular meeting at 7:52 p.m. The foregoing minutes are hereby approved this 24th day of February, 2015. Attest: Respectfully Submitted, I zi: � Greg Gubman ;ommunny Development Director