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HomeMy WebLinkAbout10/10/2000MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 10, 2000 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management Headquarters Building Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Tye. 1. ROLL CALL: Present: Chairman Nelson, Vice Chairman Bob Zirbes, and Commissioners George Kuo, Steve Tye, and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager, Craig Steele, Assistant City Attorney, Ann Lungu, Associate Planner, Sonya Joe, Development Services Assistant, Linda Smith, Development Services Assistant, Dennis Tarango, Building Official, Debbie Gonzales, Administrative Secretary, and Sgt. Flannery, Los Angeles County Sheriff. 2. MATTERS FROM THE AUDIENCE/P'UBLIC COMMENTS: None offered 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the September 26, 2000, meeting. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of September 26, 2000. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None - ABSTAIN: COMMISSION; RS: Chair/Nelson ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: 5.1 Conditional Use Permit No. 2000-04 and Development Review NNo. 2000-10 (pursuant to Code Sections 22.58 and 22.48) is a request to install two (2) additional 25 foot high camouflaged monopoles with a total of six (6) antennas, equipment cabinets, and block OCTOBER 10, 2000 PAGE 2 PLANNING COMMISSION. 4mr'+YIYW equipment enclosure on an approximately seven acre site that currently contains co -located, unmanned, wireless telecommunication facilities. (Continued from September 26, 2000.) PROJECT ADDRESS: 24401 Darrin Drive (Lot 51 of Tract No. 42584) Diamond Bar, CA 91765 PROPERTY OWNER: Eric Stone 24401 Darrin Drive Diamond Bar, CA 91765 APPLICANT: Nextel Communications 310 Commerce Irvine, CA 92602 DCM/DeStefano presented staff's report." He reported that today at approximately -3:00., p.m., Nextel Communications' new project manager presented staff with a request to continue this matter to December 5, 2000, in order- to allow Nextel time to prepare revisions to their current application. In accordance with the Planning Commission's request, staff has prepared Resolution No. 2000 -XX den ving Conditional Use Permit No. 2000-04, and Development Review No. 2000-10. The applicant was not present: C/Tye stated that the correspondence received by staff this afternoon indicates that Nextel is moving ahead with the project per the instructions that were given at the most recently Planning Commission hearing. No such instructions were given to proceed with that project. In fact, the Planning Commission asked staff to prepare a Resolution of Denial. C/Tye moved, C/Ruzicka seconded, to adopt Resolution No. 2000 -XX denying Conditional Use Permit No. 2000-04, and Development Review No. 2000-10: Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Nelson ABSENT: COMMISSIONERS: None r- OCTOBER 10, 2000 PAGE 3 PLANNING COMMISSION .n Chair/Nelson abstained because he was absent from meetings during which discussions about this matter were held. However, he does not necessarily disagree with the findings of his colleagues. 6. NEW BUSINESS: None. 7. PUBLIC HEARINGS: 7.1 Conditional Use Permit No. 99-4, Minor Conditional Use Permit No. 99-9, originally approved on August 10, 1999, to allow for the operation of a restaurant with outdoor dining, the sale and on-site consumption of alcoholic beverages and entertainment (i.e., dancing with a DJ, karaoke, guitarist, folk singer, and comedy nights) at the location referenced below. In accordance with Condition No. 50) of Resolution No. 99-19, a periodic review of the Conditional Use Permit and Minor Conditional Use Permit is required to assure compliance with conditions of approval and to consider .whether to modify, add conditions as necessary, or revoke the permit. 'Municipal - Code Section 22.76.020 authorizes the City to schedule a public hearing before the Planning Commission to consider modification or revocation of a Conditional Use Permit and or Minor Conditional Use Permit. PROJECT UNDER REVIEW PROJECT OWNER: Platinum Restaurant 245 Gentle Springs Lane (Parcel 1, Parcel Map No. 15547) Diamond Bar, CA 91765 SX Diamond Bar 259 Gentle Springs Lane Diamond Bar, CA 91765 APPLICANT: Chris Pierce 245 Gentle Springs Lane Diamond Bar, CA 91765 DCM/DeStefano presented staff's report. He pointed out that staff received letters from the Fall Creek Homeowners Association and the Fancher Development Services, Inc. representing the Kmart Corporation requesting that the City provide help in bringing the owners of the restaurant into compliance with the original project approval. Staff recommends that the Planning Commission direct staff as appropriate. At the request of VC/Zirbes, Sgt. Flannery, Diamond Bar/Walnut Sheriff's Station, explained that problems associated with this restaurant involve areas outside of the t_,. OCTOBER 10, 2000 PAGE 4 PLANNING COMMISSI0— restaurant, including overcrowding, overflow, parking and severe traffic problems at the site. The restaurant's security serves the premises well. Problems occur immediately off- site in the Gentle Springs area. Sgt. Flannery explained to C/Kuo that the service calls for Platinum are far above most other Diamond Bar businesses. Service calls are primarily based upon overcrowding. The majority of the requests for service calls come from people outside of the club. Joe Alvarado, Inspector, Los Angeles County Fire Department, said that most of the issues are currently being resolved. He believes that upon review, the maximum occupancy load for the building will be under 650 and may be below 500. He expects, to have a response from the review board tomorrow. The restaurant owner has complied with -almost all of the 17 issues mentioned in the report. He reported that during a September 15 spot check, the Fire Department observed well in excess o['600 people in the building and 200-300 people were outside of the building. Due to the consumption of alcohol by the club -patrons, the - Fire Department personnel believed that they faced a safety hazard, therefore, could -mot, complete a tour of the Facility. A spot check was conducted the following evening with five department resources and 20 Sheriff's department representatives. At that time, there were t approximately 350 people in the club. He believes the matter will conclude in the next few days and that the Fire Department will be in a position to sign off on the business license. C/Tye asked for a precise report on the 17 issues. Joe Alvarado responded that the only issue remaining is the matter of occupancy. In response to C/Ruzicka, Joe Alvarado explained that there will be two sets of numbers - one for the dining portion of the facility and one for the dancing portion of the facility. Each room will be posted as to the maximum number of people allowed in the room for its intended use at any one time. Dwight Anderson, Treasury Tax Collector, Los Angeles County Business License Division, said that DCMIDeStefano's description was very good and he would not add anything to his presentation. He offered to answer Commissioner's questions. VC/Zirbes asked for status of the business license to which Mr. Anderson responded that the business license application is pending sign off by the Fire Department and the City's Building and Safety Department. When those approvals are received, the matter will be calendared for a hearing with the Business License Commission of Los Angeles County. The applications are for entertainment, dance and public eating license. The hearing takes j' place about two or three weeks beyond receipt of the approvals. o OCTOBER 10, 2000 PAGE 5 PLANNING COMMISSION C/Ruzicka asked if the transformation of the business from what it was originally intended, a restaurant, to what it currently is, a nightclub, had anything to do with the tremendous delay in issuing a business license. Mr. -Anderson responded, not to his knowledge. The application originally received by the Business License Division was for a restaurant and nightclub. Mr. Anderson explained to C/Kuo that the Business License Ordinance makes it a misdemeanor to operate without a license and they can be cited by the Sheriff's Department if they do operate without a license. Dennis Tarango, Diamond Bar Building Official, explained the two methods used for calculating occupancy load. In this case, the dining room does not have fixed seating, therefore, gross square footage is used to calculate the size and number of safety exits. The second calculation of an occupancy load of 650 was based upon a more precise plan. DCM/DeStefano explained that this is a review of the operation of the facility. A question F before the Commission is whether it believes that this is the project it approved a year ago. If it is not, then what course of action does the Commission wish to take to remedy the situation. Jill Pierce, Owner of Platinum Club, stated that this is a family owned and closely managed business. The Platinum Restaurant is doing business in accordance with the original business plan application with almost no modifications. She is the Chief Financial Officer and intimately involved in every other aspect of the business. Chris Pierce is the Manager of the nightclub. The business has been successful which she believes breeds enemies and a certain amount of success scares some people. This is the first business that has been successful in that location. It was this Planning Commission that asked what made us think we could do something that the previous owners were unable to do. We carefully studied the demographics of the community and expected to do well. This is an upscale club, which requires a business attire dress code. The facility has turned away hundreds of prospective patrons who are not properly dressed, many of who change their attire and return to the facility. This diverse facility is successfully operating on every level. Some portions of the business have been more successful than other portions. She said she believes that there has been hearsay and misrepresentation of certain facts. Several prior speakers have used the term "overcrowding." The facility has never been overcrowded according to the City's occupancy calculation. The City's Building and Safety Department has been the most professional organization that the business has worked with. In spite of the fact that they have never cut the business any slack, Building and Safety is a department that exemplifies Diamond Bar's credo for being "business -friendly." In her opinion, 650 people in a 9,000 square foot building is not an inappropriate calculation. Each time the facility has been given an occupancy level the number has been posted in every room as OCTOBER 10, 2000 PAGE 6 PLANNING COMMISSI W, I required. Never on a single night has the facility exceeded the occupancy level. She explained that because of the security system in place management knows how many people are in the building at any given time. When the count reaches 50 people or more under capacity, the door is held. When two people go out, two people come in, etc. On September 18, she was told that it is the responsibility of the City's Building and Safety. Department to calculate occupancy and she was surprised to hear the Fire Department personnel state this evening that the Fire Department is considering a new occupancy number. That is a problem for Platinum because every 500 people is a million dollars to the facility. Jill Pierce stated that the name of the business is Platinum Restaurant & Nightclub, which' is the legal name and the name under which the original business application was made to the City. With respect to parking, the new staff report has confirmed the original parking calculation in accordance with the City's Development Code. She does not believe -it is true that people are parking in other business lots. On average, there are three peopleto a vehicle. Although Platinum tells people where to park, people can park°wherever they. choose. It is easier for patrons to park in the Kmart parking lot titan in -the restaurant - parking lot. Kmart closes at 10:00 p.m. and nightclub patrons do not come until 10:00 p.m. Platinum did not anticipate a problem with Kmart and Kmart did not post signs disallowing parking. About six months ago Kmart put up signs that specify no overnight parking, no truck parking, no for sale signs and no unauthorized use. Kmart began to tow cars. Platinum is very concerned about the community. Every problem brought to the businesses attention has been addressed. She called Kmart and offered a release of liability for anything that may occur on their premises. Further, she offered to pick up .the, trash from the parking lot each night and Platinum's security will patrol the area: In addition,.a security car will drive through the Kmart parking lot to make certain that there is no loitering or other problems. All that Platinum asks is that its patron's cars not be towed. Kmart said no and never provided a reason. She stated that the Platinum personnel observed vehicles belonging to persons of a certain ethnicity being towed. 'Platinum has a problem with its landlord. SX Diamond Bar owns one contiguous property on which the Diamond Bar Hotel and the Platinum businesses reside which allows for shared parking. In her opinion, there is no question that Platinum has 290 shared parking spots on this property, which is more than sufficient for what is required. About six weeks ago the property owner put up barricades to prevent Platinum from parking on what they considered the hotel's side of the parking lot. Platinum is pursuing legal action to prevent this type of action because it is a breach of the lease agreement. When Platinum originally considered this site, the building was in horrible disrepair. Platinum spent $200-300,000 to bring this building to its current condition. She suggested'that the City look into the matter of their favorable lease agreement and the success of their business as it relates to the current proposed sale of the property by SX Diamond Bar. From the time that Platinum became aware that their patrons were parking in the Chinese restaurant parking lot, it has posted F- OCTOBER 10, 2000 PAGE 7 PLANNING COMMISSION security guards in the street so that after 11:00 p.m. they are prevented from parking in the Chinese restaurant parking lot and in the Kmart parking lot. Further, she offered to provide the Chinese restaurant and Continental Burger with lease agreements for use of their parking lots after 11:00 p.m. Both businesses declined her offer. Jill Pierce said she believes that this Conditional Use Permit review is selective and unfair. She believes that Platinum is being singled out when identical businesses are not. However, this can be a positive experience if issues are resolved. Her family is very community oriented. She is a board member of the Chamber of Commerce and doing what she can to encourage new businesses to locate in Diamond Bar and not have to face the kinds of problems that Platinum has experienced. Within the first six months, Platinum applied and paid for, all of the required permits. With no disrespect intended, she believes they have done everything within their power to proceed and she lays the delay squarely on the Fire Department. Every time Platinum believes the issues are resolved, there is something new even if it involves something that was previously provided. She quoted from a Fire Department memo dated in April 5, 2000, that says "Inspector Gomez and myself (Inspector Vaganero) made an inspection of the Platinum and all violations except for the alarm system was completed." When the fire alarm system was finally installed and certified after four months, she believed that the matter was resolved. However, when the referral form was signed and sent in, there were five or seven new items listed. From the very beginning, Platinum has done nothing new with this building, use and occupancy. On August 2 when the Fire Department finally signed off on, the $30,000 alarm system, Platinum should have been done and we should not be standing before the Planning Commission tonight explaining why the business license hasn't happened. Three weeks ago the Fire Department found further violations so threatening (a fan in the -doorway, which was immediately removed, a credenza in the upstairs hallway, a low battery reading on the alarm system which the security company said posed to problem) that it considered closing the restaurant by force on Saturday, September 16. Platinum was not advised about these violations by the Fire Department, instead, learned about them by accident'on Friday, September 15, and quickly moved to remedy them. Any representation that Platinum owners have been "dragging their feet" is unfair. Chris Pierce explained that the Sheriff's Department has been very helpful and accommodating to the Platinum Restaurant. He pointed out that most of the service calls included in the staff report involved guests of the Best Western Hotel and took place on nights when the Platinum Restaurant is not open. Platinum requested that the City advise them of any complaints they receive and they have received only two, both from the same person. During a meeting with Captain Yim, he explained that Platinum provides its own in-house security because it does not want to be a drain on police resources. He said he was told by Captain Yim that the Sheriff's Department must be called in specific incidents. OCTOBER 10, 2000 PAGE 8 PLANNING COMMISSI i, ., Further, he stated that Captain Yim gave his word that Platinum would never be accused of being a drain on Sheriff's Department resources as a result. He reiterated the restaurant's strict dress code. VC/Zirbes said the issues seem to center around the nightclub portion of the facility. He was led to believe that Platinum was intended to be an upscale restaurant, which is verified through testimony received by the Planning Commission a year ago. When a business begins to impact surrounding businesses and residential neighbors the City has to consider those impacts. Jill Pierce explained how Platinum has provided a positive impact to neighboring businesses. Platinum customers are also patrons of the hotel, McDonald's, Continental Burger, Carl's Junior and Chevron. Platinum is in a C-1 Commercial Zone, which permits a restaurant operation. Because Platinum wanted dancing, entertainment, outdoor dining and had a - pool table, it needed to come before the Planning Commission. The representation by others that Platinum was intended to be a restaurant only is incorrect. The name of the business is!Platinum Restaurant & Nightclub and was never intended to be anything else. Plati num did not need a Conditional Use Permit to be a restaurant. Platinum came to the Planning Commission for a dancing and entertainment permit. C/Tye said he sat on the Planning Commission when this CUP was approved in August 1999, and he' iakes exception to Ms. Pierce's contention that Platinum was always represented as a restaurant and nightclub. Attachment- #2 is Conditional Use Permit application, which says that the applicant is the Platinum Restaurant and the use applied for is on-site liquor sales, dancing, entertainment, outdoor dining and billiards.- Them is no _. reference to Platinum Restaurant and Nightclub. Why would the applied for use under the Conditional Use Permit be different than what is stated on the County License Application as indicated by'Mr. Anderson. Jill Pierce responded that the space on the application was too small to fit the complete name on the handwritten form. However, every piece of paper that was submitted said Platinum Restaurant & Nightclub. The very statement that the use applied for is dancing, entertainment, outdoor dining and billiards was, in her mind, sufficient to let everyone know the reason for the Conditional Use Permit. C/Tye said he would not and did not take from that, that it would mean a nightclub to the degree that is advertised today. The response to the Commission's question about how Platinum expected to be successful when others had failed in that same location and business was that there was nothing quite like it in Diamond Bar - people are anxious to have a fine dining and entertainment facility. He does not take that to mean a nightclub. If the application had specifically stated "nightclub" the Planning Commission could have OCTOBER 10, 2000 PAGE 9 PLANNING COMMISSION reviewed the project on that basis and addressed some of the issues that the Planning Commission is currently addressing because those issues would be anticipated from a "nightclub." DCM/DeStefano stated that five copies of a book were given to the Planning staff at about 4:30 p.m. on Friday by Ms. Pierce who asked that they be delivered to Planning Commissioners with their agenda packets. Staff was not provided with a copy of the book and is not aware of its contents. ACA/Steele indicated to C/Tye that he may refer to the book provided by Jill Pierce. C/Tye quoted from Page 2 of the October 6 letter written by Jill Pierce addressed to the members of the Diamond Bar Planning Commission that she believes "that the motivation to conduct the review is by some people, motivated by racial profiling and personal agendas related to money." He said that during the past twelvemonths, whether they agreed or - disagreed, he has found Jill Pierce to be someone with whom it could have an exchange. He finds her statement to be outrageous and disappointing., He further quoted from the letter that "this is a serious accusation but one that is founded. There are a few residents that have commented on the racial mix of our customers..." which he ,has never heard - not from the staff, not from this body, nor from anyone with whom he has discussed Platinum. He continued quoting "and there are high ranking City government employees who have done so as well." If these statements are founded, back them up. Jill Pierce said she has been told by a number of sources that the Mayor has made prejudicial comments regarding the fact that we (Platinum) are not good for the: community because we (Platinum) market to Hispanics and blacks and that is not what Diamond Bar is all about. That type of comment has come with many voices. Additionally, residents have stopped by the restaurant and said very inflammatory things about how dare we bring these black people into their neighborhood. And used other words as well, like maybe we're just soul train and a number of comments like that. The Chinese restaurant has said that they are afraid of our (Platinum) gang members. The people who visit Platinum are professional people and many happen to be of color. With respect to the issue of money, she said she was referring specifically to her landlord who through the, motivation of money, in her opinion, is stirring up a lot of problems. - - C/Tye said he has known Mayor O'Connor for 15 or 16 years. If you (Jill Pierce) did not hear Mayor O'Connor say those words, he will assure her that Mayor O'Connor did not say those words. Before putting such statements in writing and before making such a reference he would urge her (Jill Pierce) to either confront Mayor O'Connor or to not repeat such -m statements because it is no more than gossip. OCTOBER 10, 2000 - PAGE 10 PLANNING COMMISSI Jill Pierce said she made the explanation at C/Tye's request. There is no mention of Mayor O'Connor -in her written statement. C/Tye reiterated that if Jill Pierce did not specifically hear the statement directly from Mayor O'Connor she ought to seriously question the people that she is relying an for that information. C/Ruzicka said while it is true that Platinum is the such first business to be, successful in that location there is a problem confronting the Commission. Hopefully, the parties involved can arrive at a reasonable approach to a solution so that neighboring businesses and residents can co -exist with Platinum. He was on the Commission when it originally approved Platinum's CUP. His concept was that Diamond Bar would have a Platinum facility that would be a high-end type of restaurant in the category of a Chasens. And yes, there was going to be a Bistro, with occasional entertainment. He does not believe that anyone at the time expected there would be a nightclub in that area because if the Planning Commission had anticipated a nightclub operation, it likely would have conditioned the- . CUP approval accordingly. He asked if Ms. Pierce considered asking the City for an amendment to the CUP. He stated that Ms. Pierce has mentioned on several occasions this F4 evening that Platinum is being singled out for review, which he believes is not true. ;a Platinum happens to be a very high profile business in Diamond Bar that is attracting large number of people. No one that he has ever spoken with on this matter has ever mentioned that it is a racial problem in any way. It is the number of people who visit the establishment and that is the only thing that people are talking about. The City wants Platinum to be extremely successful and the City has got to insure that Platinum's success brings everyone around the site comfort rather than the discomfort that the establishment is currently . presenting. Jill Pierce said that the owners believe, did believe then and believe to this moment, that the application was completely clear as to the intent of the business. People are using the term "nightclub" as though it were not interchangeable with dancing and entertainment. Our nightclub (Platinum) provides dancing with a DJ and provides for the consumption of alcohol, which is exactly what the original application stated. To say that Platinum should apply for modification implies that Platinum is somehow, doing something outside of the intended use. C/Ruzicka believes that the applicant had a very clear understanding of their intent. However, it did not come across that way to the Planning Commission. He asked if the applicant received a copy of the Sheriff's report which contains 150-200 incident reports with respect to their service calls in the restaurant's location. He suggested that the applicant share cross -information with the Sheriff's Department. The Planning Commission is not trying to do anything to destroy the business. A year ago, the Planning OCTOBER 10, 2000 PAGE 11 PLANNING COMMISSION Commission made every effort to be as business -friendly as possible because Diamond Bar needs good and successful business. However, in the case of Platinum, there are problems which need to be confronted in a constructive manner. Jill Pierce stated that she has attempted to clarify the fact that the problems are not as significant as others have indicated. They have explained the parking situation and she believes there are no outstanding issues with respect to customers parking in neighboring businesses parking lots. Platinum believes it has helped neighboring businesses to be more successful. All adjacent business are either closed by 10:00 p.m. or have drive-through windows. Several businesses in the area are very pleased about the success of the establishment. She strongly objects to the Sheriff's Departments' analogy of the situation. The Platinum has had a very insignificant number of service calls to the Sheriff's Department related to the type of business conducted. If she had been provided adequate time she would have visited comparable businesses in neighboring cities and gathered statistics that would show that the number of service calls that Platinum has are minute by comparison. Some of the Sheriff's Department's roll-throughs are conducted_as a normal. �7 , course of business. Platinum has never called the Sheriff's Department. Sgt. Flannery alluded to peripheral issues. Many deputies have indicated those incidents are not the responsibility of Platinum. In addition, the Platinum is in an ideal location to receive a large number of people. Platinum does not have an issue related to service calls. Jill Pierce responded to C/Ruzicka that although she had the number of the CUP which had been issued to the prior, business, no one could locate the CUP which was to run with the business. As a result, Platinum had to make a new application. Prior businesses such as Cancun and Mirage were conducted in the same manner. If Platinum had found the CUP that ran with the land, it would not have had to come before the Planning Commission for a new CUP. ACA/Steele said that Mrs. Pierce is correct that CUP's run with the land. Whether or not it would have been applicable in this case depends upon what was reviewed and approved in the foregoing Conditional Use Permit. DCMJDeStefano responded to C/Ruzicka that staff was not made aware of any CUP that would have accommodated the -uses that were -requested in July 1999. The prior business had been closed for a long period of time and it had been operated over a number of years prior to that time with a variety of uses occurring at that location, primarily as a restaurant. The new Development Code that came into effect in May 1999 required a Conditional Use Permit for the types of activities mentioned, entertainment and alcohol sales in particular. OCTOBER 10, 2000 PAGE 12 PLANNING COMMISSII�i�j�rry T C/Kuo said that the original application and business plan submitted by the applicant do not contain the term "nightclub." He asked the City Attorney to explain the difference between restaurant, entertainment, dancing and a nightclub. Until tonight, he .has not seen "nightclub" on any documentation. He asked staff to clarify the business name misunderstanding. He said he is not concerned about the people who are -inside Platinum. The problem is with the unwanted guests, which number up to 200 people. The complaint from the Fallcreek Homeowners Association addresses the fact that people wander around outside of the parking lot, make noise, fight, cause traffic problems, etc., which disturbs the surrounding businesses and residents. He asked Platinum how they will handle the problems that occur outside of the restaurant. Chris Pierce responded that it is the job of Platinum's security guards to escort people out of adjacent areas and put them in their vehicle and send them home. People are not allowed to wander around the parking lot. If potential patrons do not meet the dress code and remain on the premises they must stay inside of their vehicles. He believes that the Sheriff's Department's answer to the question of whether they have everhad to come. to Platinum and witnessed a fight in progress,'had to get involved in a physical confrontation with anyone, or to make an arrest the answer would be no. Service calls to Platinum have been made simply to make a report. They have never had to arrest a single customer at Platinum. When Platinum had an incident of a pickpocket, Platinum's security people arrested that person and turned him over to the Sheriff's Department. Security pays as much attention to the exterior as to the interior. The people who cause the problems are outside of the Platinum' parking lot, which is why Platinum concentrates on security the entire length of Gentle Springs Lane. Platinum's weekly security budget is $4,000. DCM/DeStefano responded to C/Kuo that an application for a ConditionalUse Permit and Minor Conditional Use Permit was filed on June 28, 1999. Six times within that application the term "Platinum Restaurant" is used. The use applied for is listed as a Type 47 on-site liquor sales, dancing, entertainment, outdoor dining and billiards. The Conditional Use Permiurequires an Initial Study for environmental review purposes. The Initial Study contains the name of the project applicant and it is handwritten by the operator as the Platinum Restaurant. The action requested and project description is a CUP for dancing, entertainment; outdoor dining and billiards. The applicant's environmental information further provided in the environmental form'that applicants -are required to complete lists the project as being the continued use of an existing restaurant and bar. The applicant, Chris Pierce, ;signed the environmental form on June 22, 1999, for the Platinum Restaurant. There is a second environmental checklist form. The name of the applicant is the Platinum Restaurant. The address and phone number of the proponent is the Platinum Restaurant at 245 Gentle Springs Lane. The business plan that was prepared by the N applicant/operator that was given to the City and presented to the Planning Commission in the staff's report that discusses the Platinum, Inc. Restaurant Business Plan. On page 2 of OCTOBER 10, 2000 PAGE 13 PLANNING COMMISSION the Restaurant Business Plan it discusses ownership of the corporation and it discusses the various players including specifically the statement about Christopher Pierce who has a background in business and restaurant bar nightclub for seven (7) years. It further states on page 2 that Chris Pierce will focus on the restaurant management, dancing, bar activities. On page 3 of the Restaurant Business Plan under business use restaurant, it states that the. business is anticipated to generate 60 percent of its revenues in the area of restaurant food. There is a banquet statement on page 4 discussing the upstairs area -that has been used by various operators as a banquet over the years. In the banquet discussion, it discusses weddings and other types of activities. On page 5, the Business Plan discusses dancing and discusses that the main floor of the restaurant appears to have been built for a beautiful dance floor_ It indicates that in the evening from 10:00 p.m. to 2:00 a.m. this area would be used as a dancing facility anticipated to generate revenues of 20 to 40% in the future. And it discusses on page 5 a wine cellar that could be used for meetings, Christmas parties, overflow and etc. Following page 7 on an un -numbered page, there is a discussion regarding the detail of the entertainment use. It is for the Platinum Restaurant, and it discusses dancing in the dining room after 10:00 p.m. until 2:00 a.m., music tobe provided by a DJ. It also discusses the possible nights of Karaoke, standup comedy and folk singer on an adjoining page. Ms. Pierce wrote a memorandum to a member of the City's staff on June 29, 1999, that is regarding an application for a Conditional Use Permit - Platinum Restaurant. The only area within the application that discussed dancing appears to be within the restaurant portion of the facility. These are the representations provided by the applicant and conveyed to the Planning Commission in August 1999', when it was considering this application. In fact, in several paragraphs of information that were within the business plan, were repeated in the staff's report as the application for use at this location. ACA/Steele stated that the Diamond Bar Municipal Code sets forth the definitions for the Zoning Code. It defines a restaurant with table service as a retail business selling food and beverages prepared on-site where most customers are served food at tables for on -premises consumption. These restaurants may also provide food on a take-out basis where take-out is clearly secondary to the table service. The Code defined bars and' nightclubs as businesses that are not part of a larger restaurant where alcoholic beverages are sold for on- site consumption. The definition includes bars, taverns, pubs and similar establishments where any food service is secondary .to the main purpose of alcoholic beverage sales. It may include entertainment, for example, live music and/or dancing and may also include beer brewing as part of micro -brewing other beverages and tasting facilities. As DCM/DeStefano has indicated, the application is for a Conditional Use Permit to allow F entertainment, dancing, etc. in conjunction with the Platinum Restaurant. There is a difference between approving an entertainment use in conjunction with a full-scale �a_ , restaurant and approving a nightclub. OCTOBER 10, 2000 PAGE 14 PLANNING COMMISSI Y ";I,;j�l i I''I� �b� DCM/DeStefano stated that the parking requirements that were referenced at one space for every 75 square feet being the same for a nightclub as for a restaurant is what the City Code states. However, the City Code also states that those are minimum standards and the City Code specifically states that additional parking spaces may be required through a discretionary entitlement application. This was a discretionary entitlement application. Staff's representation to the Planning Commission was based upon the information the City received from the applicant. It did not include a nightclub. Jill Pierce stated that the application asks about the use and the applicant says it is for dancing and entertainment, which is the business being conducted. Platinum calls itself a nightclub and maybe that is the wrong name. Perhaps Platinum needs to file a fictitious business name of Platinum Restaurant and Club, or Platinum Restaurant and Bar, or Platinum Restaurant and Entertainment. She believes the title of nightclub is hairsplitting. Throughout the application and the business plan the application has always said "dancing and entertainment" which is exactly what is happening - nothing more, nothing less. Platinum believes that it has existed and operated within its Conditional Use Permit -with respect to its approval for occupancy and entertainment.,, Chair/Nelson asked if during discussions with the Sheriff's Department the idea of uniformed Sheriff's officers on-site on busy nights was discussed to which Jill Pierce responded "yes." Chris Pierce indicated that during a meeting with Sgt. Flannery, Captain Yim, and a lieutenant, they talked about things they considered to be issued. Sgt. Flannery essentially told them what he said tonight, that the Sheriff's Department does not have.issuesmith .. Platinum but with the impacts of Platinum patrons to surrounding areas.. Platinum suggested that they hire and pay for one of the patrol cars to be available at the site or on any big night. The officers thought it was a good idea and Platinum thought it was a good idea. The same discussion was held with Deputy Perkins and Captain Martinez. Chris Pierce indicated that if the Commission wants Platinum to hire a sheriff's patrol car on an ongoing basis he would absolutely be willing to do so. He believes it would be good for the community. Chair/Nelson said that given the current use, what would staff propose as the required number of parking spaces. DCM/DeStefano responded that he is unable to provide a definitive answer. Had staff known it would have investigated other similar facilities in communities and determine the appropriate number. He assured the Commission that staff would have recommended more _'I'_ It, W � OCTOBER 10, 2000 PAGE 15 PLANNING COMMISSION than 100, 108 or 119 proposed as appropriate for the uses applied for. The number would more likely have been closer to 300 to 350 for an occupancy anticipated at a maximum of 650. - Chair/Nelson asked how many spaces would be available if the barrier was not in place between the hotel lot and Platinum's parking lot. Jill Pierce indicated that there are 290 parking spaces available for both facilities. The hotel - has a very low volume. Prior to the barrier, a Platinum security officer prevented vehicles from parking in about 30 spaces adjacent to the hotel, whether or not they were used. Therefore, there would be approximately 250 parking spaces available to Platinum. Additionally, there are 50 to 75 spaces on the -street. - DCM/DeStefano stated that there are 80 rooms at the hotel. The issue for Platinum is the availability of secured parking through proper agreements. Whatever use is approved, how many parking spaces are required, where are those parking spaces secured, and understanding their impact to adjacent businesses. Chair/Nelson asked if the Platinum is requesting a continuance at this time. Jill Pierce responded that Platinum is requesting a continuance due to the voluminous nature of the materials involved and the short amount of time to deal with the material. If it is the intent of the Commission to revoke the Conditional Use Permit or place restrictions on the Conditional Use Permit that would seriously impact the business, Platinum would' request a continuance to allow time to react and to allow the business license. process to be finalized. C/Ruzicka said that if a continuance is granted, he would like to know what kind of effort there has been to have a request for an amended CUP; has there been any effort on the part of the applicant to work out any kind of written reciprocal parking agreements with any of the adjacent business/neighbors, and to give staff the appropriate time to determine.a real figure with respect to a reasonable number of parking spaces that had to be available to Platinum; what kind of PR has Platinum done with the Fall Creek Homeowners Association to address their concerns, and has anyone contacted and had an appointment with a representative of the Fancher Development Services with respect to Kmart and their concerns which may provide a format for helping to solve the parking problems through a business -friendly agreement. VC/Zirbes said he believes he has a good understanding of what occurred a year ago and it what is occurring today. He asked that staff determine a parking number, which he believes will be based upon a maximum occupancy load that the Fire Department will -- 7-7-11 ON - OCTOBER 10, 2000 PAGE 16 PLANNING COMMISSI determinc within the next few days. He is interested in hearing from the applicant's neighbors about problems they have experienced with the facility. C/Tye would like to know who is responsible for calculating occupancy. Is it the County or Building and Safety. He would like for the Fire Department to state that the matter of occupancy is the final issue. Chair/Nelson re -stated the issues: Who determines occupancy; what the occupancy dictates in terms of the number of the available parking spaces; and the matter of parking spaces under the approved use as well as, the existing use; some idea from other establishments of this type with respect to parking. He also asked the applicant to find out more about an arrangement to have on-site uniformed officers outside the club and keying the traffic light to prevent a backup traffic problem. C/Tye asked for clarification of whether a Type 47 license as specified is appropriate for the current use. DCM/DeStefano responded to Chair/Nelson that a one month continuance is appropriate for response to the Commission's concerns. He stated that staff will share information with the applicant as it becomes available. The final staff report will be distributed prior to the November 28 meeting. Chair/Nelson opened the public hearing. Joel Haber, 356 South Prospectors, Unit 74, said he does not hear any. noise.. He. has, walked out of his complex, opened the back gate and he does not hear, any noise until he gets to the driveway of the hotel. Noise is not an issue to him. There was a trash problem at one time, which was brought to the attention of the owner and the matter has been resolved. He is retired, walks down Gentle Springs Lane every morning and he does not see the trash, referred to in the letter. He does not see traffic as a problem. On occasion, he drives down Gentle Springs Lane. There is a security person present who tells him to drive right on through to his complex. As far as the letter (Fall Creek Homeowners Association) they are concerned about the guests of the club. He interprets that statement differently. ''The guests of the club are a concern to the people of the community and it should not be an issue. He has heard comments about the guests who attend the club. He has heard a lot of give and take in this issue. The owners (of Platinum) have really cooperated with the City and they have done nearly everything they are supposed to do. He would like to see the cooperation, and give and take, continue to an agreeable conclusion to keep this place open. It is a fine establishment. He has eaten there and enjoys going to ;° the facility. _..�-:�.�m��e.�.�..�.-�_ _ �=ter,-.r=�.�..r,..,,��,•.�,..,w.w�...�.,,,.��. OCTOBER 10, 2000 PAGE 17 PLANNING COMMISSION Robert Coventry, 1950 S. Brea Canyon Road, Suite 220, Diamond Bar, speaking on behalf of the Diamond Bar Chamber of Commerce Executive Committee, took a unanimous vote this morning to support any business in Diamond Bar that brings tax revenue into the community and helps area businesses. The Chamber is dedicated to working with adjacent businesses to seek their cooperation in reaching amicable conclusions to issues of concern. On a personal note, he enjoys the food at Platinum. His Rotary Club had a party at Platinum and his wife's shower was held at Platinum. He would like to see Platinum remain open. Rudy Munoz, Manager, Best Western Hotel, 259 Gentle Spings, Diamond Bar, said he has had many problems with parking and -loud music. He does not rent to many of the Platinum patrons because he does not want problems. He has called the police several times. He has nothing against Platinum being successful but the nightclub has ruined the hotel's weekend business. He has 98 units to rent and three meeting rooms with 100, 80 and 20 person occupancy, respectively, which he rents on weekends. Four weeks ago he put up banners, which were taken down by Chris (Pierce). He cited several incidents that occurred on his property. He has witnessed several fights in the parking lot. He is not against Platinum using the parking lot but he is concerned about parking spaces for his guests. Hotel guests complain about the loud music coming from the outdoor patio area on weekends. He has had to hire security for Thursday, Friday, Saturday, and Sunday, to keep vehicles out of his parking lot. Platinum patrons have been seen urinating on hotel grounds when they are denied access to hotel restrooms. CfRuzicka asked Mr. Munoz if he has ever attempted to sit down with the Pierce's to mediate these problems. Mr. Munoz responded that one attempt ended in an unfriendly manner. SX Diamond Bar, 254 Gentle Springs, Diamond Bar, stated that as a landowner, they want Platinum to be successful. However, we are shocked to learn that the capacity has been increased from 356 to 650 people. The support structure and especially the parking spaces are insufficient to accommodate the patron's vehicles. There is a severe parking shortage for 650 people when only 103 parking spaces are provided. Consequently, Platinum has -- demanded and threatened to sue for more parking spaces from the hotel side. In addition to the parking problem, there is the matter of Platinum patrons asking to use the hotel's restrooms. According to the original design, the restaurant can accommodate only 356 people. The CUP provides for 103 parking spaces. By increasing the capacity of the restaurant from 356 to 650 people, the landowner becomes involved. The landowner cannot provide that much parking because SX Diamond Bar needs to provide adequate parking for the hotel guests. Letting Platinum guests park near the hotel defeats the effort to provide hotel guests a peaceful and quiet environment for their rest. SX Diamond Bar OCTOBER 10, 2000 PAGE 18 PLANNING COMMISSI�h4u T �!i strongly suggests that -the City take action to find additional parking spaces for the facility or restore -the capacity to 356 as originally requested. SX Diamond Bar stated that about 100 parking spaces are needed for the hotel. In addition, parking spaces are needed for the meeting room occupants. The hotel has no -additional parking spaces to release to Platinum. Platinum has threatened SX Diamond Bar through an attorney to provide more parking space. Platinum is entitled to only 108 parking spaces according to the Conditional Use Permit. If the landowner lets Platinum patrons. park -in the hotel parking lot there are a number of problems because restroom facilities are inadequate. Platinum patrons urinate on the hotel grounds when they do not have access to restrooms. SX Diamond Bar responded to VC/Zirbes that the Platinum lease does not describe the parking. C/Tye clarified that Mr. Haber referenced the October 6 letter from the. Fall -Creek Homeowners Association. Point number 5 talks about guests and says that "blocked traffic as a result of 'the amount of guests that go to the club," not the type or race or any other reference to a guest. Unless there is some other correspondence that Mr. Haber refers to, he wants that point made very clear. VC/Zirbes asked staff to determine whether a number of parking spaces are provided on the CUP for the hotel and is this a matter the Commission needs to consider with respect - to a possible shared facility. C/Kuo asked that public speakers indicate whether they have a strong objection to Platinum continuing to do business. ACA/Steele cautioned the Commission not to ask for directed comments. Angela Pierce diDonato, resides at 23826 Prospect Valley Drive, Diamond Bar, lives walking distance from Platinum. Jill Pierce is her mother. She believes that it is important to note that she is an attorney and her husband is a supervisor for the health department. She and her husband tend bar at Platinum on the weekends. On weekends when they do not work, they bring their friends and colleagues from Los Angeles County, Orange County and Riverside County to enjoy the Platinum Restaurant & Nightclub. Many professionals that live and work in the City of Diamond Bar avail themselves of Platinum's services. Regarding the term "nightclub," Platinum is not the stereotypical nightclub. She believes the facility has been presented accurately. A wide variety of.ethnic groups and ages enjoy``'' this upscale, classy facility. She, cited this month's Mayor's Corner in which Mayor O'Connor sites the fact that there are a lot of vacant store fronts in the City of Diamond Bar OCTOBER 10, 2000 PAGE 19 PLANNING COMMISSION and that Diamond Bar has a duty to try and bring new businesses into the City so that it may flourish and so that its residents may have more options. Platinum has succeeded because of her mother's determination. Much effort has been made to reach -out to the residents and businesses in the community to bring a happy resolution to these concerns. C/Ruzicka moved, VC/Zirbes seconded, to continue the Public Hearing review of Conditional Use Permit No. 99-4, Minor Conditional Use Permit No. 99-9, to November 28, 2000. Motion'carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None RECESS: Chair/Nelson recessed the Planning Commission meeting at. 10:30 p.m, RECONVENE: Chair/Nelson reconvened the Planning Commission meeting at 10:35 p.m. 7.2 Conditional Use Permit No. 1998-09(1), Development Review No. 1998-11(1), and Minor Variance No. 2000-19 (Pursuant to Code Sections 22.58.010, 22.48.020(A)(2), and 22.52.020(D)) is a request to amend Conditional Use Permit No. 1998-09, Development Review No. 1998-11, and to approve a Minor Variance for a decrease of 20% in the number of required off-street parking spaces to accommodate on-site seating for twelve at Togo's. PROJECT ADDRESS: 1193 Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: J. Coleman Travis Trust C/O: Glacier Peak Management Services, Inc. 7955 Dunbrook Road, Suite A San Diego, CA 92126 APPLICANT: Parker Holt -Doyle, LLC 1193 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Staff recommends that the Planning Commission direct staff as appropriate. L,__, OCTOBER 10, 2000 PAGE 20 PLANNING COMMISSI Bob Parker, co-owner, Togo's Eatery, said he was given information that the City's Engineer was not conclusive after reviewing the site and would not make a determination. As a result, the applicant has request that this matter be continued. Togo's has been operational since August 2000, without seating. The Los Angeles County Health Department has approved the business license for 30 seats. A parking analysis was conducted on a similar site in Pasadena. The City's Engineer is requesting that a parking analysis be conducted on the actual site, which is, the basis for requesting the continuation. Togo's has exceeded its expectations For the, business without seating. He does not foresee any increase in the business due to seating which is merely a matter of convenience. According to the survey, there is sufficient parking available. Togo's and the Cathay Bank are the primary tenants who co -share on-site parking. He believes there will be no adverse impact to the current parking situation. All of the leases are under a mutual use/shared parking agreement for parking in the center. Chair/Nelson opened the public hearing. There being no one present who wished to speak on this matter, Chair/Nelson closed the public hearing. C/Ruzicka moved, C/Tye seconded, to continue Conditional Use permit No. 1998-09(1), Development Review No. 1998-11(1), and Minor Variance No. 2000-19 to November 14, 2000. Motion carried by the following Roll Call vote: AYES: COMIVIISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: - None ABSENT: COMMISSIONERS: None 7.3 Development Review No. 2000-12, Conditional Use Permit NO. 2000-07, Variance No. 2000-06 (Pursuant to Code Sections 22.48, 22.58 and 22.54) is a request to construct a three story office building of approximately 129,000 square feet with a child day care facility and parking structure. The proposed Variance is for a crib wall of approximately 13 ft. exposed height. PROJECT ADDRESS: 1440 Bridge Gate Drive (Lot 16, Tract No. 39679) Diamond bar, CA 91765 PROPERTY OWNERS/ Bridge Gate Partners, LP APPLICANT: _ 5670 Wilshire Boulevard, Suite 1240 Los Angeles, CA 90036 r -- `- -- -- -�—.r�..u,�.�i.u.,w��u,��,�,w.y,.�.,��4.. _��..y�.�.w,��-•k-?":tea'=-�'"`�:a:.. .:��., �-_.. �,.,��.,�.. OCTOBER 10, 2000 PAGE 21 PLANNING COMMISSION Staff recommends that the Planning Commission approve Development Review No. 2000- 12, Conditional Use Permit No. 2000-07, Variance No. 2000-06, Findings of Fact, and conditions of approval, as listed within the resolution. VC/Zirbes recommended that Condition (bb) be added to page 16 of the Draft Resolution to read as follows: "The applicant shall be assessed a fair -share cost at approximately four (4) percent of the total impact costs associated with improvements ideified to 'be submitted to the City prior to issuance of a permit." Ted Green, President, Trenton Group, thanked staff for their efforts toward providing the City with a Class -A building_ It is the applicant's objective to abide by all of the guidelines presented. With respect to VC/Zirbes concern regarding the child care center, the current guideline is attempting to use a total of 80 children. According to the State Code, there is sufficient space to accommodate 60 children. Itis the applicant's intent to have it at 80 and changes will have to be made to the site to allow 80 children on the site. Therefore; the site will be increased to 6,000 square feet if 80 children are permitted to be at the site. However, the applicant wants the flexibility to limit the number of children to 60 for the current proposed square footage. Chair/Nelson opened "the public hearing. There being no one present who -wished to speak on this item, Chair/Nelsoclosed the public hearing. VC/Zirbes moved, C/Ruzicka seconded, to approve Development Review No. 2000712, Conditional Use Permit No. 2000-07, Variance No. 2000-06, Findings of Fact, and conditions of approval, as listed within the resolution, with the addition of Condition (bb) on page 16 as previously stated. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 8. PLANNING COMMISSION COMMENTS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson None None None offered. ... ..... OCTOBER 10, 2040 9. INFORMATIONAL ITEMS: 10. PAGE 22 PLANNING COMMISSI ��N,k CIr!'I 9.1 Public Hearing dates for future projects. DCM/DeStefano stated that the State Department of Housing and Community Developing is reviewing the Draft Housing Element, a copy of which has been provided in tonight's packet. Staff anticipates receipt of comments in early November for discussion at the November 14 Planning Commission meeting. DCM/DeStefano referred to a communication from CA/Jenkins regarding the number of cell sites that can reasonably be located on a given piece of property. The opinion states that the number of sites can be limited on a given piece of property taking into consideration certain factors, but that 'it 'more appropriately should be done through a Development Code Amendment. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Nelson adjourned the meeting at 11:08 p.m. Respectfully Submitted, James DeStefano Deputy Cit Manage P Y Y g Attest: Chairman Steve Nelson