Loading...
HomeMy WebLinkAbout5/13/1996MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 13, 1996 CALL TO ORDER: F- Chairman Goldenberg called the meeting to order at 7:10 p.m. at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by VC/Ruzicka. ROLL CALL: Present: Chairman Goldenberg, Vice Chairman Ruzicka, Commissioners Fong, McManus and Schad. Also Present: Community Development Director James DeStefano; Senior'Planner Catherine Johnson; Assistant Planner Ann Lungu; City Engineer George Wentz, and Recording Secretary Carol Dennis. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of April 22, 1996. I VC/Ruzicka made a motion, seconded by C/Schad to approve the minutes of April 8, 1996 as presented. The motion was approved 5-0. OLD BUSINESS: 1. Planning Commission Policies & Procedures Manual VC/Ruzicka requested the following corrections: Change the last word in the first sentence of paragraph I under Purpose from board to broad. Regarding Page 5, line 5, paragraph I, delete "the" so the sentence reads: "If the vacancy is effective by removal, the person so removed may not be appointed to fill the vacancy. Paragraph (e) on Page 16 should be one tab left justified. With respect to Page 17, remove the comma in line 3 of Paragraph 1 (1) after "property"' so the line reads: "property is located with a 300 foot radius", remove the comma in line 2, Paragraph 2 (2) after "to" so the sentence reads: "improvements to streets, water, sewer, storm". On Page 18, Paragraph 4, line 2, add "ment" so 'that the line reads: "Government Code Section 87200 to file a statement disclosing". C/Schad requested that CDD/DeStefano determine if line 3 of Paragraph 3 (3), Page 17 should indicate 500 feet instead of 300 feet. He further requested a definition - - May 13, 1996 Page 2 Planning Commission of "Negative Declaration" as stated in STEP 6. on Page 23. CDD/DeStefano responded to C/Schad that he would recommend an in depth discussion regarding standards set forth by CEQA. STEP 6 on Page 23 discusses the Negative Declaration process and steps to be taken following approval of the Negative Declaration. C/Schad requested a copy of the "Topanga Association for a Scenic Community v. County of Los Angeles, 11 Cal.3d 506 (1974) as stated in Paragraph 2, Page 26. Chair/Goldenberg requested that Resolution No..96-XX 'be placed on the June 10 Planning Commission agenda for consideration. The Commissioners concurred. NEW BUSINESS: 1. Review of Fiscal Year 96-97 Capital Improvement Program (CIP) for conformity with the General Plan pursuant to Section 65401 of the Government Code. CDD/DeStefano stated that the Planning Commission annually reviews the proposed Capital Improvement Program (CIP) for the ensuing year. The Commission's requirement (Section 65401 of the Government Code) is to review the list of projects to ensure their conformity with the City's General Plan. A list of projects proposed for the 1996-1997 fiscal year budget is provided for the Commission. The list is generally created by the City's Public Works Department and Community Services Department and includes uncompleted projects from prior years. Staff has provided a list of objectives, strategies and goals from the City's General Plan that provide conformity findings to assist the Commission in its evaluation process. Staff recommends that the Planning Commission adopt Resolution No. 96 -XX finding conformity with the General Plan and recommending City Council approval of the FY 1996-97 CIP. VC/Ruzicka requested assistance with a response to a citizen inquiry concerning the number of traffic signals proposed to be installed in the City and whether additional installations will help solve the traffic problems. CDD/DeStefano responded to VC/Ruzicka that Diamond Bar inherited numerous traffic problems upon incorporation. Los Angeles County spent all of the developer's monies elsewhere in the County which left the City with long stretches of streets with collector streets coming out of residential areas adjacent to the primary routes. This May 13, 1996 Page 3 Planning commission prevented residents from entering and exiting their neighborhoods in a safe manner. The City has been attempting to complete the required traffic signals since incorporation. The County of San Bernardino provided a significant amount of money to mitigate the traffic flow impact as a result of the opening of Grand Avenue. Each year the City attempts to mitigate the problems caused by through traffic and to enhance various intersections. The proposed traffic signal installations respond to the documented warrants which require this type of mitigation. The installations follow the course of action -outlined in the General Plan which calls for improvement of the traffic and circulation system throughout the community. CE/Wentz stated the traffic signal plan has been in place for several years. Within the past three years, the City has obtained funding for the installations previously identified. Studies indicate that warranted traffic signals reduce the overall concern for traffic safety and accidents. CDD/DeStefano stated that all of the listed Capital Improvement Projects have a variety of funding sources. The majority of the projects are funded from sources outside of the City's general fund. Funds are derived from development impact fees, grants, Federal funds, etc. Funding considerations are not under the jurisdiction of the Planning Commission. Therefore, the matrix does not include the cost or the funding source for each project. CE/Wentz responded to Chair/ Goldenberg that audible pedestrian signals are being assessed to determine their effectiveness at various locations within the City. CE/Wentz responded to C/Schad that the Sycamore Canyon Park (Item No. 19) is a localized slope failure along the canyon's easterly portion beneath the residences bordering Diamond Bar Boulevard. C/Schad suggested that with respect to Item No. 21, the City use a series of boulders when repairing the creek bed to create a ripple effect and slow the water flow. CDD/DeStefano responded to C/Schad that construction of Pantera Park is scheduled to be completed within 120 days of commencement. C/Schad made a motion, seconded by C/McManus to adopt Resolution No. 96 -XX finding conformity with the General Plan and recommending City Council approval of the fiscal year 1996-1991 Capital Improvement Program. The motion was carried 5-0. May 13, 1996 Page 4 Planning Commission PUBLIC HEARING: 1. Conditional Use Permit 96-02 and Development Review 96-03 is a request for approval of a Conditional Use Permit and Development Review for a 756 square foot automated car wash and the remodel of an existing 1900 -square foot food mart at an existing gas station located at 3241 S. Brea Canyon Road at the northwest corner of Brea Canyon Road and Diamond Bar Boulevard, Diamond_Bar; California. The project 'site is zoned Commercial Planned Development (CPD), has a General Plan land use designation of office Professional (OP)�and consists! of 'approximately 26,300 square feet (0.6 acres)., Applicant: Brian Finch, Shell Oil Company, 3281 Guasti Road #480, Ontario, CA 91761 SP/Johnson read the staff report into the record. Staff recommends that the Planning'Commission approve Negative Declaration No. 96-1, Conditional Use Permit No. 96-2, Development Review No. 96-3, Findings of Fact and conditions as listed within the Resolution. Chair/Goldenberg declared the public hearing open. Ahmad Ghaderi, Consulting Engineering for the project, A & S Engineering, 207 W. Alameda Suite #203, Burbank, CA 91502 explained that the proposed car wash is a drive- through system rather than a conveyor system. The cycle takes approximately two (2) minutes. The remodel of the food mart applies to the interior only and includes handicap compliance. He indicated the current ambient noise level on a portion of the commercial center to the north of the site exceeds 65db, the maximum called for by the City's General Plan Noise Element. In order to comply with the City's requirement, mitigation measures are proposed for the project which include a noise reduction package and an eight foot (8' ) high block wall. He explained that in his opinion, a wall is preferable; to doors that open and close during a wash cycle. Doors present a maintenance problem and the wall is a more permanent noise mitigation measure. He read from an independent service station car wash traffic study, a copy of which was provided to staff: "the general misconception regarding service stations isghat substantial increases in traffic result from ,the introduction of new uses (food mart and car wash) to an existing site". He stated that the proposed car wash is designed to benefit the existing customers. Mr. Ghaderi indicated the current sign at the location was approved by Los Angeles County 19 years ago. He further indicated he has made every effort to obtain May 13, 1996 Page 5 Planning commission copies of the original approved building permits which are not available. He asked that the Planning Commission delete Condition No. 5 (i) from the Resolution and allow the station to continue with its current signage in order to maintain a competitive edge. Mr. Ghaderi responded to C/McManus that the proposed car wash will use recycled water which will be treated in two 1500 gallon clarifiers. This process offers an 80% recycling capability. C/McManus stated he is opposed to doors for the car wash because doors present a safety hazard. He further stated he is in favor of granting Mr. Ghaderi's request to allow the current signage to remain in place. Mr. Ghaderi responded to VC/Ruzicka that there is one entrance/exit for the food mart which complies with the Building Code. The food mart area will be reduced slightly with the remodeling. Vehicles exiting the gas pumps and proceeding west on Diamond Bar Boulevard and entering the northbound SR 57 will not be impeded by the - -R car wash traffic. The car wash is configured to provide motorists with complete instructions for use .upon entering the enclosure. VC/Ruzicka recommended that the Planning Commission grant Mr. Ghaderi consideration with respect to the current_ signage. C/Schad stated his concerns regarding the noise levels which will be generated by the proposed car wash. Mr. Ghaderi responded that the figures contained in the Acoustical Study are the actual decibels generated by the wash equipment. However, the project proposes to comply with the City's Code of 65db at the property line. The peak operating hours will generally be 6:00 a.m. to 9:00 a.m.; 11:00 a.m. to 1:00 p.m., and 4:30 p.m. to 8:00 p.m. C/Fong indicated he would like the applicant to reconsider relocating the Australian tea tree on site. He asked staff to comment on the ARCO sign adjacent to the project site and what measures would be imposed on the applicant requiring him to bring the current sign into compliance. CDD/DeStefano responded to C/Fong that the ARCO sign was legally permitted. It is deemed by the City to be a non- conforming sign and has an amortization period of approximately 13 years. At the end of the amortization period, the sign will have to be modified or removed. With respect to the Shell Oil application, there is insufficient evidence in the files forwarded to the City -- May 13, 1996 Page 6 Planning commission �r 27 by by Los Angeles County to support proper installation and approval of the current sign. Mr. Ghaderi responded to C/Fong that the proposed sound wail could be reduced to seven feet (71). The wall will be designed to be eight feet (81) until the compliance studies are completed. Responding to Chair/Goldenberg, Mr. Ghaderi stated that Shell Oil intends to utilize recycled water to the greatest extent possible. Clean water will be used for the rinse cycle. The proposed car wash will use 10 gallons of water per car.Residents consume about 150 gallons'of water when they 'wash their cars at home. Pete Stratz, Shell Oil Co., 3200 E. Inland Empire Boulevard, Ontario, stated the proposed car wash 'is designed as a convenience for the service station's customers and is not intended to take the place of a stand-alone car wash. The car wash will be offered free of charge with a fuel fill -up. He indicated that { ancillary income will increase to the dealer by about 777 $3,000 to $4,00'0 per month as a result of the car wash installation. I Responding to Chair/•Goldenberg, Mr. Stratz stated that the dealers avoid glass inside the transaction area. However, security glass has been installed at locations where problems are indicated. The dealer at the propo'sed location has indicated he currently has no security problems. The employee can lock the exterior doors at a certain hour and utilize the transaction drawer if security becomes an issue. Joseph Johnston, 3177 Castle Rock Road, stated he lives in the vicinity of the proposed car wash. He indicated he is concerned about the noise that will be generated in the neighborhood. He indicated he has spent considerable time and money working to get the noise reduced in his neighborhood. CalTrans proposes to install a sound wall along, the SR 57 to reduce the noise level for the shopping center and the residential area. The proposed sound wall is a waste of money if the proposed car wash is allowed because the car wash will increase the noise level in the neighborhood. He requested that the City obtain written assurances that the noise levels from 'the car wash will not be audible inside the neighboring residences. He indicated his understanding that a car wash is being proposed for construction on the vacant lot on the easterly corner of Diamond Bar Boulevard and Brea Canyon Road. He stated he does not understand why the City did not allow a sign for The Living Word Christian Book Store when it allows the Shell Oil station to have L Ad May 13, 1996 Page 7 Planning Commission 1i I, such a large sign. He stated his concerns about the hours of operation and the traffic circulation. Craig Clute, 21217 Fountain Springs Road, stated his concern regarding the noise generated by the car wash. He indicated that the residents have been working to get the noise levels reduced in the area by the installation of the sound wall. He indicated that a reading of 65db is difficult to obtain. He further stated his concern about the proposed hours of operation for the car wash and requested the Planning Commission consider a closing time of 9:00 p.m. He indicated his concern regarding the increased traffic impact on adjoining streets. He recommended that the car wash be constructed to face opposite of the direction proposed to enhance traffic flow and reduce the noise element for the surrounding businesses and residential neighborhood. He stated his concern about the impact of the proposed car wash at the easterly corner Diamond Bar Boulevard and Brea Canyon Road. He indicated he favors a time limit be imposed for compliance with the City's Sign Code. _ Vance Socash, 20624 Alda Court stated he is concerned about the impact of the noise on the evening meetings held on the upper floor of the Evangelical Free Church which is situated up hill from the proposed car wash. He asked the Planning Commission to consider that an eight foot (81) wall will block the site to The Living Word Christian Book Store and cause possible damage to the business. Mr. Ghaderi responded to the citizens that his firm is involved in fighting the freeway noise. Shell Oil is meeting and exceeding the City's Noise Element requirements. The wall is proposed to be placed along the northerly property line to mitigate the noise. No wall is proposed for the westerly property line and therefore, there would be no visual impact to the shopping center. The view of the shopping center is currently impeded by the landscaping. The proposed car wash will accommodate five vehicles in the queue. A "no time limit rain -check's system will allow vehicles to return to use the car wash, thereby reducing the traffic flow. Responding to VC/Ruzicka, Mr. Ghaderi stated the proposed car wash is oriented in such a way that the vehicles can leave the gas pump and proceed directly to the entrance of the car wash. Reorientation of the car wash would reduce traffic circulation efficiency. VC/Ruzicka stated he agrees with C/Fong that the Australian Tea tree should be relocated on-site and May 13, 1996 Page 8 Planning Commission saved. Mr. Ghaderi stated he will make every effort to comply with C/Fong's request. Mr. Johnston reiterated that the freeway noise readings were taken at peak hours. The freeway noise level is reduced in the evening. Operation of the car wash in the evening hours will increase the noise level. Chair/Goldenberg declared the public hearing closed. C/McManus stated he lives approximately one mile from the freeway and can hear the freeway noise from his property. He asked that Shell Oil consider closing the car wash at 10:00 p.m. He indicated that the proposed full service car wash at the easterly corner of Diamond Bar Boulevard and Brea Canyon Road was previously discussed but it is not an issue for consideration'at'this time. Chair/ Goldenberg stated that if the proposed car wash is comparable to the drive through car wash at Virgil's Mobil, he does not see a problem with the operation of the facility. He indicated that he is in favor of changing the hours of operation to 7:00 a.m. to 9:00 p.m. He further indicated he would like to see enhanced protection for the employees of the food mart. He stated that he would like to have staff's recommendation regarding the sign. CDD/DeStefano responded to Chair/Goldenberg that the Commission has full authority with respect to the proposed car wash. The signage issue is difficult because the City has once again inherited a lack of documentation from Los Angeles County which proves or disproves the applicant's contention that the sign has been properly established at the location. He suggested that if the Commission believes the signs should be removed, the existing Condition 5 (i) of the Resolution should be retained. If the Commission believes that'the signs should remain as they exist, he recommended the Condition be eliminated and a new Condition be added requiring the staff and the applicant to work through the details of establishing 'whether the sign was properly installed_ The only other option is a Variance. C/Schad stated reorientation of. the proposed car wash might help reduce the noise factor experienced by the preschool and other businesses and residents in the area. He further stated he is in favor of CDD DeStefano's recommendation to delete Condition 5 (i). Chair/Goldenberg stated that, in his opinion,, a reorientation of the proposed car wash might result in a potential traffic hazard. In addition, the exiting �.. , e i;�!'--)L�h'•1'� x!1.7 ,..TCI F -_.__.__...�...,,.._,�..................��....F�.,.,,-._•-__-.�.--�+m-+.i�r �.�-,� r �- I'r- �--._--_--_, wlt-UI I�..i.IIIII..II�iNwwALVN�.,,l «II. __ -__.. --_ -- - May 13, 1996 Page 9 Planning Commission traffic would tend to interfere with the traffic approaching the SR 57-. He further stated that he believes the proposed block wall will mitigate the noise potential to the preschool (approximately 200 feet away from the site). He indicated he would like to see the hours of operation modified and include protection for the food mart employees. C/Fong stated he is in favor of CDD/DeStefano's recommendation to delete Condition 5 (i). He indicated he favors an earlier closing time for the car wash. VC/Ruzicka made a motion, seconded by C/Schad to approve Conditional Use Permit 96-02, and Development Review 96- 03 subject to the Conditions of Approval contained within Planning Commission Resolution 96 -XX with the following changes: 1) That the current Condition 5 (i) be eliminated and the following Condition 5 (i) added in its place: "The car wash hours of operation will be from 7:00 a.m. to 9:00 p.m." and 2) That a second sentence be added to Condition 5 (k) to read as follows: "Every effort will be made by the applicant to relocate the r-, Australian Tea Tree to an appropriate location on site". i �= CDD/DeStefano responded to C/Fong that staff understands the Commission's direction that the intent of the sound wall is to attenuate the level of noise below a level of 65db. The motion was approved 5-0. PLANNING COMMISSION ITEMS - None INFORMATIONAL ITEMS: CDD/DeStefano stated the next regularly scheduled meeting of the Planning Commission is May 27, Memorial Day holiday. He recommended that due to a lack of scheduled agenda items the Planning Commission adjourn to June 10, 1996. Chair/ Goldenberg thanked CE/Wentz and the audience for their participation in the meeting. ADJOURNMENT: May 13, 1996 Page 10 Planning commission ,I�I14, 1``'I';m �� At 9:15 p.m., there being no further business to come before the Planning Commission, Chair/Goldenberg adjourned the meeting to June 10, 1996. est: i i Michael Go enberg Chairman m�. Respectfully Submitted, ,72±/ 72 DeStefanc Community Development Director