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HomeMy WebLinkAbout6/10/1996- - - --- - _ , -,_yo- .- I - ' __ I",1141"1iWiwNA.,��..�,��„,�».0 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 10, 1996 CALL TO ORDER: Chairman Goldenberg called the meeting to order at 7:06 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 Chair/Goldenberg ROLL CALL: Present: Chairman Goldenberg, Vice Chairman Ruzicka, Commissioners Fong and McManus. Also Present: Community Development Director James DeStefano; Senior Planner Catherine Johnson; Assistant Planner Ann Lungu; City Engineer George Wentz, and Recording Secretary Carol Dennis. Absent: C/Schad (arrived at 7:44 p.m_.) MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None CONSENT CALENDAR: 1. Minutes of May 13, 1996. VC/Ruzicka made a motion, seconded by C/McManus to approve the minutes of May 13, 1996 as presented. The motion was approved 4-0-1 with the C/Schad being absent. 2. Planning Commission Policies & Procedures Manual. VC/Ruzicka made a motion, seconded by C/McManus to approve the Planning Commission Policies & Procedures Manual as amended. CDD/DeStefano responded to C/Fong that the Planning Commission Policies & Procedures Manual belongs to the Planning Commission and the Commission may amend the Manual at any time. VC/Ruzicka, in response to C/Fong, stated the Planning Commission has the implied authority to amend its own Policies & Procedures Manual at any time in the future. ` The motion was approved 4-0-1 with C/Schad being absent. OLD BUSINESS - None June 10, 1996 Page 2 PLANNING COMMISSION NEW BUSINESS: 1. Amendment to Fiscal Year 1996-1997 Capital Improvement Program (CIP). CDD/DeStefano presented the amended Fiscal Year 1996-1997 Capital Improvement Program (CIP). Staff recommends that the Planning Commission adopt Resolution No. 96-kX finding conformity with the General Plan and recommending City Council Approval of the Fiscal Year 1996-1997 Capital Improvement Program (CIP). VC/Ruzicka made a motion, seconded by C/Fong to. adopt Resolution No. 96 -XX finding conformity with the General Plan and recommending City Council Approval of the Fiscal Year 1996-1997 Capital Improvement Program (CIP). The motion was approved 4-0-1 with C/Schad being absent. PUBLIC HEARING: 1. Conditional Use Permit 96-5 and Development Review 96-4 is a request for a 2,472 square foot Kentucky Fried Chicken Restaurant with drive-through service on a 24,498Lj square foot vacant site within the Country Hills Towne Center on the west side of Diamond Bar Boulevard between Cold Springs Lane and Fountain Springs Road in the City of Diamond Bar. Applicant: Bob Merriam, Carlson Design and Construction Company, 2301 E. Winston Road, Anaheim, CA 92806 5P/Johnson read the staff'report into the record. Staff recommends that the Planning Commission approve Conditional Use Permit No. 96-5 and Development Review No. 96-4, Findings of Fact and conditions as listed within the Resolution. Chair/Goldenberg declared the public hearing open. Craig Clute, 21217 Fountain Springs Road, stated he believes, that the proposed restaurant will impact the residential neighborhood. He suggested an "ingress only" restriction on the Country Hills Towne Center driveway, on Fountain Springs Road between Diamond Bar Boulevard and Cold Springs Lane. He indicated he would like the City to place a three (3) ton truck limit on residential streets in Diamond Bar, He asked if the property line of the proposed KFC abuts Dr. Cho's property on the corner. of Diamond Bar Boulevard at Fountain Springs Road. He requested to know the restaurant's hours of operation. is June 10, 1996 Page -11-t•._ PLANNING COMMISSION F = He stated he would prefer the Country Hills Towne Center not include another "fast food" type restaurant. Mr. Merriam, representing the applicant, stated he read the staff report and concurs with the conditions. He further stated that in his opinion, Kentucky Fried Chicken is a family style restaurant and not a "fast food" restaurant. Steve Nice, Rising Star Drive, indicated he is concerned about the three (3) parking space shortfall. He stated that in his opinion, there is not sufficient shared parking at the north end of the shopping center to accommodate overflow parking. He further stated -he has no objection to Kentucky Fried Chicken. However, there should be adequate parking on premises. As an example, he cited the inadequate parking for Dr. Cho's building. He asked to know the restaurant's hours of operation. He stated his concerns regarding potential odor emission from the restaurant. Chair/ Goldenberg referred Mr. Nice toKentuckyFried Chicken's application to the City which contains mitigation measures for potential emission of cooking odors. He stated that the major percentage of cooking odors will likely be contained within the building. Mr. Merriam responded to Chair/ Goldenberg that 50 percent of the restaurant's customers use the drive-through facilities, 25 percent take food off of the premises and 25 percent dine inside the restaurant. The busiest hours of operation are from about 4:00 p.m. to 7:00 p.m. Chair/Goldenberg closed the public hearing. CDD/DeStefano responded to Chair/Goldenberg that he is not aware of any agreement or obligation that Dr. Cho must provide an ingress/egress from his lot to the Country Hills Towne Center parking lot. C/Schad arrived at 7:44 p.m. In response to Chair/ Goldenberg, CDD/DeStefano stated that the issue regarding review of Dr. Cho's building parking situation is the result of the mixture of uses and the number of parking spaces that exist on the property. Dr: Cho built the building, he owns the building, his business resides in the building and he z manages the building. Dr. Cho is responsible for insuring adequate parking spaces for the uses for which he lets space in his building. This issue is a separate and distinct issue from the Conditional Use Permit under - .. ,.- : ----7 JII9 1111111 -, - _, .._,-: ,- - -- rrrrr - . - , ____ - June 10, 1996 Page 4 PLANNING COMMISSION consideration by the Planning Commission. The matter of Dr. Cho's employees utilizing the Country Hills Towne Center is a private issue between Dr. Cho and the property management/ owner of the .shopping center. He indicated the adjacent Burger King is 3500 square feet with 18 on-site parking spaces. In addition to the on- site parking spaces, The Burger King effectively shares parking with the Country Hills Towne Center in accordance with their lease agreement. Staff foresees a, similar shared parking'situation between Kentucky Fried Chicken and the shopping center. Chair/Goldenberg reiterated his concern for lack of parking ava'i'lability on the north end of the Country Hills Towne Center. VC/Ruzicka stated he agrees with Chair/ Goldenberg Is parking concerns'. Mr. Merriam responded to VC/Ruzicka that employees of Kentucky Fried Chicken are encouraged to park away from premises if the premises has a minimum amount of parking and additional patronage parking is required. The grease extractors prevent 94 percent of the particulates from entering the atmosphere. The hours of restaurant operation are from 10:00 a.m. to 11:00 p.m. as indicated in the staff report. VC/Ruzicka stated he would prefer to have another type of restaurant locate at the proposed site. However, his primary concern is whether the business conforms to the City's standards. He reiterated that parking is his primary concern. Mr. Merriam responded to VC/Ruzicka that in general, a fast food restaurant has an average ticket sale of $3.00 to $4.00. Kentucky Fried Chicken's average ticket sale is about $8.00. He indicated that with the North Diamond Bar Boulevard restaurant's high business volume (twice the national average) he anticipates there would be no more than five vehicles in the drive through lane at any one time. C/Schad stated his concerns regarding ample parking for the facility. He indicated he is concerned about additional delivery trucks on Fountain Springs Road as a result of this business. He asked that the, project incorporate vegetation or foliage to mitigate the mass of the building. Mr. Merriam responded to C/Schad that a detai'1ed landscape plan has been submitted to the City which June 10, 1996 Page'5._ PLANNING COMMISSION proposes 34 percent of the area be landscaped. The City requires that 10 percent of the area be landscape. He further responded that the applicant has agreed to comply with the condition that their delivery trucks not use the Country Hills Towne Center ingress/egress to Fountain Springs Road. The facility's vent system grease extractor will eliminate 94 percent of the particulates. There will be no smoke emanating from the building because KFC steams rather than charbroils its product. He reiterated that the shopping center provides parking spaces for 'this facility in excess of the City's requirement. It is not uncommon to have shared parking in a shopping center: In response to C/McManus, Mr. Merriam stated diagonal parking would exacerbate the parking situation rather than improve it because spaces are lost. A 90 degree parking space is the most efficient use of space. The spaces at the north Diamond Bar KFC location are diagonal to accommodate the narrow lot. CDD/DeStefano responded to C/Fong that staff's position is that there is an abundance of parking spaces immediately adjacent to the proposed facility. The site may be able to accommodate three additional spaces as a result of replacement of the restaurant, reduction in size of the drive-through aisle and/or a reduction in size of the restaurant'. The applicant could consider reducing the size of the dining area or reducing the amount of customer seating which would reduce the number of parking spaces required and may eliminate the need for the three additional parking spaces. C/Fong stated he is not concerned about the three parking spaces because, in his opinion, the shopping center will accommodate additional parking for the facility. He further stated he is concerned that another fast food restaurant is going into Diamond Bar. He would prefer a more upscale type of restaurant in the location. CDD/DeStefano responded to C/Fong that a number of restaurant operators have considered the proposed site. The Country Hills Towne Center provides opportunity for growth and synergy between the on-site entertainment and the retail and restaurant opportunities. The average household income in the City affords a great deal of buying power. The site is somewhat constrained by traffic. Other areas of Diamond Bar such as Grand Avenue and Golden Springs Drive, Grand Avenue and Diamond Bar Boulevard, and Diamond Bar Boulevard and the SR 60 would appear to be stronger locations for traffic count and density of people. The City is currently conducting an June 10, 1996 Page 6 PLANNING COMMISSION aggressive marketing campaign to fill these spaces with restaurant and retail facilities. An attempt to hold out the proposed KFC site for a 'full service restaurant would not necessarily guarantee success. The proposed site has been vacant for nearly 10 years and this applicant feels they have the financial strength to support a facility in this location. Staff believes this project fits into the City's overall goal of furthering economic growth in the community, by 'generating additionaljobs and sales' tax opportunities and recommends that the project be approved. C/Fong suggested the KFC employees be mandated to use the southerly shared parking area. Mr. Merriam responded that he would agree to such'a condition. Mr. Merriam responded to VC%Ruzicka that shared parking is part !of the lease agreement between Country Hills Towne Center and Kentucky Fried Chicken. C/McManus made a motion, seconded by VC/Ruzicka to ' approve Conditional Use Permit No. 96-5 and Development Review No. 96-4 with the following conditions: 1) ._The restaurant employees shall park their vehicles in the shared parking area south of the Country Hills Towne Center's main 'entrance on Diamond Bar Boulevard; and 2) the applicant shall provide landscaping to obscure the view of the restaurant from Diamond Bar Boulevard. The motion was approved 5-0. 2. Tentative Parcel Map No .22102(1) Extension of Time - A request for a one year ,extension of time for an approved parcel map which subdivides a 4.39 acre parcel into two lots, 3.5 ands .89 acres, located at 1575 Valley Vista Drive in the City of Diamond Bar. Applicant: Patricia Duke, Specialty Equipment Market Association (SEMA), 1575 S. Valley Vista �I Drive, Diamond Bar CDD/DeStefano read the staff report into the record. Staff recommends that the Planning Commission recommend Council approve the Extension of Time that the City C 1?p Tentative Parcel Map No: 22102(l), Findingss of Fact and conditions as listed within the resolution. Chair/Goldenberg declared the public hearing open. Seeing no one who wished to speak on this item, Chair/Goldenberg closed the public hearing. w June 10, 1996 Page 7 PLANNING COMMISSION C/Schad made a motion, seconded by VC/Ruzicka to recommend that the City Council approve the Extension of Time for Tentative Parcel Map No. 22102(1), Findings of Fact and conditions as listed within the resolution. The motion was approved 5-0. PLANNING COMMISSION ITEMS: C/McManus thanked staff for promoting the City's economic development. C/Fong asked for an update regarding resolution of the Shell Gas Station sign compliance on Brea Canyon Road at Diamond Bar Boulevard. SP/Johnson responded she will be contacting the owner to discuss the matter. CDD/DeStefano stated that the Planning Commission will be reviewing the Sign Code as part of the Development Code process. C/Schad asked that the Tree Ordinance discussion be accelerated. He cited the development of Brea Canyon Road. CDD/DeStefano F -F responded that staff intends to schedule drafting of the Tree Ordinance as a priority. He further responded to C/Schad that the Arciero project was previously approved by the City Council and will not be subject to the new Tree Ordinance. VC/Ruzicka recommended that the Commission formulate a matrix listing the Planning Commission's goals and priorities for the next fiscal year and beyond, as well as for the next five, ten and twenty years. He further recommended that the matrix be reviewed on a quarterly basis, and that a status report be forwarded to City Council. He stated the matrix would allow the Planning Commission to'focus on its goals and responsibilities in a concise manner as indicated in the Commission's newly ',adopted Policies & Procedures Manual. He requested staff's assistance in the prepararation of a matrix model to 'include goals for future Planning Commission meeting agenda items. He suggested that the list of goals adhere to the mandates of the General Plan. Chair/ Goldenberg stated he is concerned about the number of variances being approved by the City. He further stated that in his opinion, variances should be the exception rather than the rule. He suggested the management of the Country Hills Towne Center should consider a better balance of development between the north and south portions of the center. Chair/ Goldenberg stated that the Walnut Sheriff's Station Open House will be held Saturday, June 15. The City's Town Hall meeting will be at Heritage Park, June 22 from 9:00 a.m. to 12:00 noon. June 10, 1996 INFORMATIONAL ITEMS: Page 8 PLANNING COMMISSION CDD/DeStefano reported on the following items. CDD/DeStefano stated that as Hearing, Officer for the Administrative Development process he approved two projects this evening: a 500 square foot addition to an existing 2700 square foot home and construction of a 2000 square foot guest house at 2142 Indian Creek Road; and interior and exterior modifications to the existing Chunky Cheese- Restaurant on Brea Canyon Road north of Pathfinder Road. He further stated that City Council approved the contract and the City has entered into an agreement with Urban Design Studio for crafting the City's Development Code. Staff recommends that the Planning Commission host a joint meeting discussion which would include City Council, other City Commissions and the general public. The matter of parking for Dr. Cho's building at the corner of Diamond Bar Boulevard and Fountain Springs Road has been referred to the Planning Commission for discussion and recommendation to the City Council. Staff will present a report at the June 24 Planning Commission meeting. Staff and members of the City Council attended an International Conference of Shopping Centers seminar in Long Beach designed to assist small shopping center owners and developers in developing and maintaining their shopping centers. Staff and City council members took advantage of 'the opportunity to market the City's vacant spaces. The City remains involved in organizations outside its boundaries in order to get its fair share of available grants and funding. Council Member Werner will serve as Chairman of the East San Gabriel Planning Committee effective July 1, 1996. Staff will serve as Treasurer of the organization. CDD/DeStefano will begin serving as Chairman of the San Gabriel Valley Council of Governments Planning Directors Committee effective June 11, 1996.1 I ••?fs �1N. h ��.1'x�� Ir al's Jk,.YIN4h; .__-- -_:�_.,v"u..'..�.nanrnrrnwermn.rrvimxnxr��_'- �1 -nr_ - — ♦r a. tl w �ilL - June 10, 1996 e Page 9 PLANNING COMMISSION ADJOURNMENT: At 9:42 p.m., there being no further business to come before the Planning Commission, Chair/ Goldenberg adjourned the meeting to June 24, 1996. Res ectfull Sub 'tted, Ja s DeStefano Community Develo erit Director Attest: Michael Goldenberg a_ Chairman