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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.
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June 10, 1996 Page -11-t•._ PLANNING COMMISSION
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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
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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.
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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
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June 10, 1996
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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