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Home My WebLink About4/27/19991' MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 27,1999 CALL TO ORDER: Chairman Tye called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Nelson. ROLL CALL: Present: Chairman Steve Tye, Vice Chairman Steve Nelson, and Commissioners George Kuo, Joe McManus, and Joe Ruzicka.. Also Present: James DeStefano, Deputy City Manager, Linda Smith, Development Services Assistant, Sonya Joe, Development Services Assistant, and Stella Marquez, Administrative Secretary. -_ MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None p APPROVAL OF AGENDA: As presented. CONSENT CALENDAR.- 1. ALENDAR 1. Minutes of April 13, 1999. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of April 13, 1999, as presented. Motion carried 5-0. OLD BUSINESS: None NEW BUSINESS: None PUBLIC HEARING: 1. Conditional Use Permit No. 98-7, Development Review No. 98-12 and Variance No. 99-2 (pursuant to Code Section Chapters 2258, 22.48 and 22.54) is a request to construct an automated car wash. The car wash will consist of the following: A wash tunnel; retail sales boutique, approximately 2,089 square feet; three -bay lube center, 1,140 square feet; detail center with office, approximately 1,467 square feet; six -bay auto service center, approximately 4,150 square feet, fuel dispensers; vacuum, queuing and drying areas; two platforms to display new car sales, and retaining wall with a maximum height of 18 feet. The Variance is „- , requested due to the retaining wall's height in excess of six feet. APRIL 27, 1999 PAGE 2 DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission open the Public Hearing, receive public testimony and continue the project's Public Hearing. In response to C/Ruzicka, DCM/DeStefano stated that the applicant failed to perform in a timely fashion on the 1990 project approval. This application is a different configuration which requires a new review by the Planning Commission. He clarified the location and function of the, proposed 18 foot wall adjacent to Grand Avenue. VC/Nelson asked the height of the current Honda Dealership facility including the height of the inflatable. To what extent is the Burger King over parked. DCM/DeStefano indicated that the existing Honda Dealership is approximately 25 feet lat its roollinfrl peak. The inflatable on top of the facility is about 25-30 feet. The 35 foot antenna would be lowe-, than the dealership and inflatable. Burger King is over parked by about 10 or 11 spaces. A traffic-- - study is required to determine the peak hours of the proposed facilities. He stated that in staffs opinion, car wash facilities tend to have peak hours in the late afternoon/early evening on the weekends. The Burger King facility peak is most likely at lunch time Monday through Friday, although it enjoys a significant dinner business. The Honda dealership is generally an evening and weekend activity and most likely peaks on the weekend. Service is generally a weekday) activity with intensity peaking in the early morning and evening hours. C/McManus asked for verification that the easterly slope along Grand Avenue will be retained with the addition of a retaining wall. DCM/DeStefano responded that there is about a 30 foot wide flat area that would be created immediately adjacent to Grand Avenue which is proposed to be the area where new or .sed vehicles will be displayed. Immediately adjacent to the flat area is the 18 high foot retaining wall which will support the earth and the flat pad area. The flat pad will be at grade level with Grand Avenue. Chair/Tye opened the Public Hearing. Bill Schubert, agent for the applicant, introduced Mathew Tachdjian and Thom Pruitt, Project Coordinator. Richard Stupin, architect is not present at this time. He stated that the applicant hoped* to resolve this matter this evening. Mr. Tachdjian is being pressured by Honda to make a decision on either the remodel and display area or to perhaps move the location. Honda is very,interested tc_...,.' see the dealership turn into an auto mall. For a number of reasons, Mr. Tachdjian would like to keep the Honda store in its present location. He stated that there are several objectives for the design of PROPERTY ADDRESS: 515 S. Grand Avenue Diamond Bar, CA 91765 PROPERTY OWNER/ Mathew Tachdjian APPLICANT: Col -Am Properties, LLC P.O. Box 4655 Diamond Bar, CA 91765 DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission open the Public Hearing, receive public testimony and continue the project's Public Hearing. In response to C/Ruzicka, DCM/DeStefano stated that the applicant failed to perform in a timely fashion on the 1990 project approval. This application is a different configuration which requires a new review by the Planning Commission. He clarified the location and function of the, proposed 18 foot wall adjacent to Grand Avenue. VC/Nelson asked the height of the current Honda Dealership facility including the height of the inflatable. To what extent is the Burger King over parked. DCM/DeStefano indicated that the existing Honda Dealership is approximately 25 feet lat its roollinfrl peak. The inflatable on top of the facility is about 25-30 feet. The 35 foot antenna would be lowe-, than the dealership and inflatable. Burger King is over parked by about 10 or 11 spaces. A traffic-- - study is required to determine the peak hours of the proposed facilities. He stated that in staffs opinion, car wash facilities tend to have peak hours in the late afternoon/early evening on the weekends. The Burger King facility peak is most likely at lunch time Monday through Friday, although it enjoys a significant dinner business. The Honda dealership is generally an evening and weekend activity and most likely peaks on the weekend. Service is generally a weekday) activity with intensity peaking in the early morning and evening hours. C/McManus asked for verification that the easterly slope along Grand Avenue will be retained with the addition of a retaining wall. DCM/DeStefano responded that there is about a 30 foot wide flat area that would be created immediately adjacent to Grand Avenue which is proposed to be the area where new or .sed vehicles will be displayed. Immediately adjacent to the flat area is the 18 high foot retaining wall which will support the earth and the flat pad area. The flat pad will be at grade level with Grand Avenue. Chair/Tye opened the Public Hearing. Bill Schubert, agent for the applicant, introduced Mathew Tachdjian and Thom Pruitt, Project Coordinator. Richard Stupin, architect is not present at this time. He stated that the applicant hoped* to resolve this matter this evening. Mr. Tachdjian is being pressured by Honda to make a decision on either the remodel and display area or to perhaps move the location. Honda is very,interested tc_...,.' see the dealership turn into an auto mall. For a number of reasons, Mr. Tachdjian would like to keep the Honda store in its present location. He stated that there are several objectives for the design of _-- APRIL 27, 1999 PAGE 3"' the projects such as visibility for the Honda store. He continued explaining the proposed project and its iterations based on discussions with staff and Burger King's proposed architectural changes. He said he feels that parking compliance can be accommodated. He stated the applicant concurs with staff with respect to the lighting and landscaping. He explained that with respect to noise consideration, the blowers will be placed about 25 feet back from the opening. In addition, the wall acts as a baffle and tends to muffle the noise. Therefore, the applicant feels that the noise level requirements can be met. DCM/DeStefano responded to C/Ruzicka that with refinement to the site plan, staff believes that the site can accommodate the proposed uses since a variety of activities will generally be incorporated into a single trip. A lot line adjustment is not an issue and can easily be accomplished at the administrative level. It is anticipated that the peak hours for these uses are not the same as the peak uses that are generating traffic at the adjacent intersections. Therefore, staff is not anticipating any significant changes. However, this will be more appropriately assessed through the traffic study and proposed mitigation measures. Mr. Schubert indicated to C/McManus that the matter of a pedestrian walkway between the dealership and the ramp was discussed with staff and the applicant is willing to incorporate a pedestrian walkway as a condition of approval. He said he believes the design differences between the three facilities can be compatible and that this issue can be resolved with staff. With respect to the City of Industry's concern regarding disposal of effluent from the site, the architect noted that the project could comply with what was suggested and work with staff to resolve the issue. There is a lateral coming into the site from Old Brea Canyon Road. The only issue the matter of the fee. C/Kuo asked Mr. Schubert to comment on Warren Siecke's letter received by the City on December 28, 1998. Mr. Schubert responded that comments 1. through 9. of the letter were discussed during a meeting with staff. DCM/DeStefano pointed out that all items of concern included in the letter were discussed. Some issues were agreed upon and some issues remain outstanding based upon the comments contained within staffs report under the traffic discussion. Mr. Schubert stated he believes any unresolved issues can be worked out with staff and made as conditions of approval. Lance Templeton, 21306 Iii Pass Drive, stated he owns and operates the recently opened Diamond Bar Hand Car Wash and he is concerned about the approval of another full service car wash that will be opened to the residents of Diamond Bar. He lives in the south end of Diamond Bar and the r Country Hills Towne Center has lost its major anchor. In addition, there is talk that Regal Cinema may be leaving and that Triple A is not happy with the foot traffic they are getting in their facility. - He is very concerned that the new car wash creates draw from people throughout Diamond Bar. With the opening of the new car wash following so closely on the footsteps of the opening of his car wash, he is very concerned about maintaining the viability of the shopping center. If the applicant's APRIL 27, 1999 PAGE 4 intention is to expand the dealership he supports that intention. However, that does not appear to be the full extent of the project. He asked the Planning Commission to consider the effects of that addition on the south end of Diamond Bar and the Country Hills Towne Center. Charlie Cobb, 21321 Cold Spring Lane, stated he is the co-owner of Burger King restaurant at the project site: He said he is very supportive of the proposed project.In fact, he believes his original ground lease contains verbiage which required a car wash at that location in order for him to proceed with the lease. He was very disappointed when the original project did not materialize. He is concerned about , a possible °reciprocal agreement between Burger King and the car wash. Even though Burger King may be technically over parked, there are frequent occasions when the parking lot is totally full: His, observation of a car wash is that they take their car in to be washed and then leave and would most likely not have a need for additional parking. However, his concern is that employees or people who drop their vehicles off for detailing would be parked in Burger King's designated spots and thereby take up parking spaces for a good portion of the day. Responding to C/Kuo, DCM/DeStefano stated that if the applicant does not wish to go through the process of requesting a variance, the maximum height for the retaining wall would be approximately eight feet (8) - six feet plus an allowed adjustment by the administrative staff that brings the maximum height to about eight feet. Chair/Tye asked what type of operation' the car wash is proposed to be. Matthew Tachdjian responded that the facility is a full hand car wash. VC/Nelson asked if the reference to automated car wash in staffs report should be corrected to reflect hand car wash. DCM/DeStefano indicated that staffs report refers to the description within the Zoning Code. Automated car wash is consistent with hand car wash activities. Matthew Tachdjian explained to C/Ruzicka that he is under a lot of pressure from Honda to proceed with the project or to relocate. He has been involved with the project for nearly a year. He believes it is essential for all parties involved to come to some sort of conclusion and move forward one way or the other. He said he will make a decision within the next 30 days based upon what he will be forced to do with Honda. He said he would rather remain at his current location but he (must protect his franchise. VC/Tye said he believes there are a number of items that need to be resolved with respect to this project. He indicated he is concerned that this project be as architecturally pleasing as possible with three distinct buildings. C/Ruzicka moved, McManus seconded, to continue the Public Hearing to May 11, 1999. MotioD carried 5-0 by Roll Call vote. - �_� _ _,I�rdF .hal ,. rixWlw�WIVM1W1u.M,-b,.lry n.n� -__ —.� �n .� - ��1L—_Jt'.tlt��_=• +n,»mmw,rn mwnxmw.w..,�,.+,n.,.,:in— _— _ -_ _ _ __ _—__ __ APRIL 27, 1999 PAGE 5"' 2. Conditional Use Permit No. 99-1, Development Review No. 99-1, Comprehensive Sign Program 99-1 and Variance 99-4 (pursuant to Code Section 22.58, 22.48, 22.36 and 22.52) is a request to construct a 4,794 square foot combined commercial fast food restaurant with a gas service station. The proposed combined commercial development will include an indoor restaurant, drive -time, convenience food store, and six multi -dispensers under service station canopy. Furthermore, the applicant is requesting a Comprehensive Sign Program which includes wall signs, two monument signs, directional signs and a pole sign. The variance is requested for the proposed 62 foot 10 inch high pole sign. PROPERTY ADDRESS: PROPERTY OWNER: 21095 Golden Springs Drive Diamond Bar, CA 91765 Chevron Products Co., Inc. 1300 South Beach Boulevard La Habra, CA 90632 APPLICANT: McDonald's Corporation 11682 El Camino Real, Suite 400 San Diego, CA 92130 Burger King Corporation 1777 Old Cutler Road 1V1'ianu, FL 33157 DSA/Joe presented staff s report. She noted the following correction to the report: The floor area ratio is 0.1. Staff recommends that the Planning Commission approve Development Review No. 99-1, Conditional a ° Use Permit No. 99-1, Comprehensive Sign Program No. 99-1, Variance No. 99-4 and Negative Declaration No. 99-4, Findings of Fact and conditions of approval as listed within the Resolution. Roger Green, Project Manager, introduced members ofthe project team. He stated that this matter has been under consideration for more than three years. He explained why the project has the potential to be a highly successful site for both corporations. He indicated the following concerns with respect to the proposed conditions. Condition 5.(e), page 9 of the Resolution that requires that the applicant convert seven compact parking spaces to seven standard parking spaces - He stated he believes it will be difficult to get seven standard parking spaces in the same area. He indicated the applicant will maximize the parking to the greatest extent possible and still meet the City's parking requirement. Hepointed out where the seven compact spaces are currently located. In order to comply with the condition, it maybe necessary to eliminate the landscape island. Responding to C/Ruzicka and Chair/Tye, DCM/DeStefano stated that staff has reviewed this matter and believes that 7 full size parking spaces can be accommodated. However, Mr. Green is correct in stating that seven full size spaces would require the elimination of the small island of landscaping and there may also be an issue regarding the backup distance of those spaces impeding the access space to the pump island under the Chevron canopy. In discussing these matters with Mr. Green today, staff agreed to work together to resolve this issue based upon the direction of the Planning Commission. Staff would prefer to relocate the landscaping rather than lose a parking space. C/McManus asked if it is feasible to place the parking spaces at an angle in order to insure the retention of 7 parking spaces with incorporation of a small portion of landscaping at the easterly end of the lot. APRIL 27, 1999 PAGE 6 DCM/DeSte€ano stated that angled parking is a very good idea. In fact, one of the earlier design schemes had the parking angled. Chair/Tye stated that'Mr. Green's request for flexibility is shared by the Commission and staff.' DCMJDeStefano responded to C/Kuo that it is staffs preference to make all of the parking spaces standard size which is consistent with the City's new Development Code. Even -with the loss of one parking space, there are more parking spaces provided that what is required by the Code. Adr. Green asked for consideration of "fair share" contribution ' for traffic improvements. He said the applicants understand that they need to pay their fair share costs toward roadway improvements along Brea Canyon Road and Golden Springs Drive. The Traffic Study prepared by RKJK and Assoc. identified approximately $7,500 for a "fair share" contribution The condition as written, leaves this matter open-ended for further discussion. He asked for a set amount of $7,500 set forth within the Conditions of Approval. DCM/DeStefano stated, in response to C/Ruzicka, that he and W. Green discussed this matter late this afternoon. Staff has no quarrel with eliminating the open-ended portion of the condition. 13owever, the City's Department ofPublic Works has a conflict with the methodology used by the traffic engineer. Based upon the Deputy Director of Public Works' analysis, the fair share contribution should be more in the range of $15,000 to no more than $25,000 subject to further discussion land refinement. !^"i Mr. Green stated that there are approximately 15 Eucalyptus trees on site. He explained why the project— ` proposes to remove these trees; to accommodate the drive-through lane, safety and maintenance issues, and that they are not an historically protected tree within the City. The applicant propose 6 Bailey Acacia 24 inch box trees as replacement tree along four locations and in front of the building which will grow to about 15 to 18 feet in height at maturity and will: soften the look of the building from a distance. Condition (s) on page 9 requires replacement of trees at a 3:1 ratio. He requested that the Commission allow the applicant to remove'the Eucalyptus' trees and require that they be replaced at a 1:1 ratio instead of a 3:1 ratio. Mr. Green asked that the Planning Commission remove Condition (dd) on page 11 of the Resolution. He asked instead, that the! applicant be allowed to prepare a conceptual striping plan in order to verify that there is an adequate right-of,way to accommodate future roadway improvements for Golden Springs. The applicant will also provide an irrevocable offer to dedicate if there', is additional dedication necessary. At the request of C/Ruzicka, DCM/DeStefano 'stated that the applicant's traffic engineer has considered current conditions, the proposed project, and anticipated growth in the immediate area and concluded that the intersection of Brea 'Canyon Road and Golden Springs Drive, 'which is not inconsistent with the City's view of the area. The City's General Plan calls out the size and nature of these arterials and major highways. Staff does not believe that there is sufficient right-of-way to provide for six lanes in this . ediate area. Therefore, staff has prepared a recommendation within the conditions which states that an irrevocable offer be provided by this applicant for 15 feet on both Brea Canyon Road and Golden Springs Drive, which is" -7 necessary for the City to physically improve the intersection at some point in the future to accommodate th anticipated growth in lieu of requiring completion of the physical improvement at this time. Staff is willing -- to work with the applicant as the Commission directs.' _L -J �--J��k.�u. laJLl�ir✓jaLdLell�tmJu 4.n.a APRIL 27, 1999 PAGE 7 Mr. Green thanked staff for their cooperation during this process. He stated that he is anxious to move forward with the process as quickly as possible and asked for the Commission's approval and consideration of the applicant's requested modification to the conditions of approval contained within the resolution. C/Ruzicka asked what the applicant has in mind for the design of the sign pole. DCM/DeStefano indicated to C/Ruzicka that of the various telecommunications companies contacted by staff, none expressed a desire to locate on the proposed sign pole. George Adams, Superior Electrical Advertising, Long Beach, presented a conceptual design of the freeway sign. He indicated that his design team will produce a design for the City of Diamond Bar portion of the sign. Chair/Tye asked how the applicant could accomplish the drive-through lane and the pass through without disturbing the Eucalyptus trees that are present at the site. Mr. Green explained that as a part of these projects, the applicant wants to avoid "dead end" parking. Therefore, the project provides for a pass through lane adjacent to the drive-through lane to provide an exit to Golden Springs Lane. Retention of the trees would result in the loss of the pass through lane which he believes would not: be a good idea from a circulation and design standpoint. There are a few existing I` Eucalyptus trees that may potentially be saved. -- John Hourian, Landscape Architect for the project, stated his goal is to add more color to the landscape which he believes is lacking at the present time. Approximately eight of the Eucalyptus trees are located within the area of the 'proposed drive aisle. If those trees were retained, the project would end up with a much smaller drive aisle which would create internal traffic congestion at peak hours with cars having to exit the ingress rather than following out the drive-through. He said he believes that three to four Eucalyptus trees can be saved. He further stated he believes that because of the expanded entrance and exit drives, it would overburden the project to do a replacement of 3:1 ratio for the trees. He is concerned that there would be a stacking of trees that would affect line of sight and other safety issues as well as, the narrowness of the planting area along the SR 60 side. Vehicles would overhang into the planting area and potentially impact the location of the trees. Mr. Hourian responded to VC/Nelson that the current Eucalyptus trees are approximately 35feet high. Generally, if maintained properly, Eucalyptus trees can be considered a skyline tree from a distance and in general can be meaningful to break up an urban/suburban area. The proposed replacement trees provide for a more colorful foilage and a more beneficial on -grade screening for Golden Springs Drive. He said he believes there is compatibility between retention of a small number of Eucalyptus trees and the proposed replacement trees. VC/Nelson said he concurs with the applicant regarding the 3:1 replacement issue. He asked if in lieu of " requiring a 3:1 replacement ratio the applicant would be willing to assist the City in paying for replacement trees for City street medians. DCM/DeStefano responded that such a condition is feasible either in the form of cash or replacement trees. .a_..._ __— I 1 —11 - .. —, _�.�— ......'7I 1 .i 11 ui.. _1._,1 a -- - -- .z�rc- .._,—.,.--- APRIL 27, 1999 PAGE 8 q'j�'IIj'r�, 0 Mr. Green said he would prefer to provide additional Bailey Acacia on site rather than provide off-site mitigation. Mark Bookspan, RBL Design Group, stated that Chevron and McDonald's have indicated that they would consider a 3:1 at a 15 gallon'tree site for off-site mitigation purposes. Chair/Tye asked if the project could be moved 10 feet easterly to provide for retention of the trees. Mr. Green explained how shifting the building site would have significant adverse impacts to the layout of the site. First, the tanker trucks will enter off Brea Canyon Road for fuel delivery, and in order to accommodate the trucks, they will need room to' deliver their fuel off the right side of their truck. This determines the location of the canopy and gas pumps which are located away from the fuel tanks. Second, there is also specific design criteria in which Chevron requires the pumps be visible from the pay booths for security reasons. Thirds, Chevron wants to maintain approximately 80 feet from the furthest pump to the pay booth to allow less distance for the customers to walk. The drive aisle widths and parking spaces are City standards. Mr. Bookspan explained that the applicant is willing to delete the two tower McDonald's wall signs which eliminates 28 square feet reducing the overall size, to 200 square feet. The address numbers will be placed on the monument signs as required by Code. There is a concern about lowering the menu board to a height"^ of six feet. The board is placed at a six foot nine inch height for a very practical reason. If the sign wer( lowered by nine'inches, the copy on the bottom of the menu would be at a height of nine inches from the, ground which creates a problem with the sprinklersi and high profile vehicles. He stated it is feasible to lower the board to no less than six feet six inches. The flag pole is already in a 15 foot hole and the applicant would prefer to keep the height at 50 feet to provide for (freeway visibility. Chair/Tye opened the Public Hearing. There being no one who wished to speak on this item, ChairlTye closed the Public Hearing. Following discussion, VC/Nelson moved, C/Ruzicka seconded, to continue this matter to May, 11, 1999, in order to the staff and the applicant an opportunity to resolve the outstanding issues. Motion carried 5-0 by Roll Call vote. PLANNING COMIVIISSION COMMENTS: None INFORMATIONAL ITEMS: DCM/DeStefano stated that at its April 20, 1999, meeting, the City Council again continued the Patel matter to May 4, 1999. Also, at its April 20 meeting, the City Council adopted their 1999-2000 Fiscal Yep Goals and Objectives. The list will be provided to the Planning Commission for informational purposes to assist thyr' Commission in the development of its Goals and Objectives for 1999-2000. On May 25, 1999, the Planning. Commission will receive the proposed Capital Improvement Program and Budget for Fiscal Year 1999-2000 for d --- finding of conformity with the City's General Plan. As a result of a recent settlement agreement, a revised Dolezal project will be brought back to the Commission for its consideration in May. The Opus and Allstate projects are I_. _.�_,—_-w.uL��.<Mmow�wiuew, m�.0 --._ in.J�.�:,-� lk. ��.i ..,- 1. .,..,,».»,.�.�»..�». �, __— _ __"___ _•_ - _ - -_ APRIL 27, 1999 PAGE 9,,, ,,, moving forward. Opus intends to deliver both Lots 22 and 23 to Allstate by December 1, 1999. The Travelers project is slated to be delivered by January 1, 2000. Responding to Chair/Tye, DCM/DeStefano stated that the applicants for Hollywood Video and Starbuck's projects at the corner of Grand Avenue and Diamond Bar Boulevard have begun demolition. The applicants need to have the product delivered by September. 1999. However, they are hoping to deliver the project by July 1999 for a November 1999 opening. F SCHEDULE OF FUTURE EVENTS: As Scheduled. ADJOURNMENT: C/Ruzicka moved, C/McMans seconded, to adjourn the meeting. There being no further business to come before the Planning Commission, Chair/Tye adjourned the meeting at 10:15 p.m. Respectfully Submitted, I James DeStefano ) Secretary to the Planning Commission Attest: Steve Tye Chairman f