HomeMy WebLinkAbout1/9/2001MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JANUARY 9, 2001
CALL TO ORDER:
Chairman Nelson called the meeting to order at 7:06 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 Kuo.
1. ROLL CALL:
Present: Chairman Steve Nelson, Vice Chairman Bob Zirbes, and Commissioners
George Kuo, Steve Tye and Joe Ruzicka.
Also Present: Robert H. Pittman, Assistant City Attorney, David Meyer, Planning
Consultant, Ann J. Lungu, Association Planner, Linda Smith, Development Services
Assistant, Sonya Joe, Development Services Assistant, Stella Marquez, Administrative
- , Secretary, and Warren Siecke, Traffic Engineer.
i
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered.
3. APPROVAL OF AGENDA:
.4. CONSENT CALENDAR:
4.1 Minutes of the December 12, 2000, Meeting.
C/Tye moved, C/Ruzicka seconded, to approve the minutes of December 12, 2000, as
presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Kuo, Tye, Ruzicka, VC/Zirbes
NOES: COMMISSIONERS: None
ABSTAINED: COMMISSIONERS: Chair/Nelson
5. OLD BUSINESS:
5.1 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
_L 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
JANUARY 9, 2001
PAGE 2
PLANNING COMMISSION
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. (Continued from
December 12, 2000)
PROJECT UNDER REVIEW: Platinum Restaurant
245 Gentle Springs Lane
(Parcel 1, Parcel Map No. 15547)
Diamond Bar, CA 91765
PROPERTY OWNER: SX Diamond Bar
259 Gentle Springs Lane
Diamond Bar, CA 91765
APPLICANT: Chris Pierce
245 Gentle Springs Lane
Diamond Bar, CA 91765
PC/Meyer presented staff's report. Staff recommends that the Planning Commission adopt
the attached draft resolution as presented or as such resolution may be modified to clearly
elaborate the C'ommission's determination.
Chair/Nelson disclosed that he was contacted by Mr. Munoz on Sunday evening to see if
there were any questions regarding the applicant's proposed resolution He stated that he
indicated to Mr. Munoz that he had no questions at that time and wanted an opportunity to
read the material.
VC/Zirbes moved to approve the applicant's draft resolution with the following changes:
1) add a sentence to the end of Condition l .toread as follows: "The owners of the Platinum
must notify the Planning Director within 72 hours of such a court action, and the Planning
Director shall schedule a review of the Conditional Use Permit before the Planning
Commission at the earliest opportunity." 2) Add a condition to read as follows: "The
business -owners shall employ security personnel on its operating nights in a number
satisfactory to control the patrons, both inside and outside of the facility. The security
personnel shall keep patrons at the Platinum Restaurant within the boundaries of the
Platinum Restaurant to prevent them from loitering and littering on adjoining or
neighboring properties."
ACA/Pittman recommended the following changes to the applicant's language contained
in the draft resolution: Section 5, last line, replace customers with patrons of the Platinum;
JANUARY 9, 2001
PAGE 3
PLANNING COMMISSION
Section 6, second line, change the date of the letter from December 12, 2000, to January 9,
2001.
VC/Zirbes accepted the changes to his motion recommended by ACA/Pittman. C/Ruzicka
seconded the motion with the provision that the City is fully protected under the applicant's
proposed resolution and VC/Zirbes' recommended changes.
ACA/Pittman stated that with respect to the position of the City, the City would be
protected. The ultimate goal is to mitigate perceived problems with the operation of the
Platinum Restaurant and protect the public health, safety and welfare. The Planning
Commission would achieve that objective regardless of which version of the draft
resolution the Commission adopts.
C/Kuo asked if the maximum number of restaurant patrons has been established.
ACA/Pittman explained that he and staff members are meeting with the Fire Department
this week to finally resolve that issue and that final occupancy will be in place by early next
week.
Chair/Nelson called for the vote. Motion carried 4-1 by the following Roll Call vote:
AYES: COMMISSIONERS: Kuo, Ruzicka, VC/Zirbes, Chair/Nelson
NOES: COMMISSIONERS: Tye
ABSENT: COMMISSIONERS: None
6. NEW BUSINESS: None.
7. - CONTINUED PUBLIC HEARING:
7.1 Conditional Use Permit No. 2000-02 and Development Review No. 2000-20 (pursuant
to Code Sections 22.58.020, 22.42.130 G and 22.48.020) are requests to co -locate a
telecommunications facility on an existing monopole approved on January 25, 1993, by
Conditional Use Permit No. 92-11. The request also includes an equipment cabinet, utility
pedestal and concrete pad for both. (Continued from November 28, 2000)
PC/Meyer reported that staff's recommendation is to continue this matter to the January 23,
2001, Planning Commission -meeting, pursuant to applicant's request, to allow time to
- na
prepare plans and additional information requested by the Planning Commission.
Chair/Nelson re -opened the public hearing.
JANUARY 9, 2001
PAGE 4 PLANNING COMMISSION
Craig Clute, 21217 Fountain Springs Road, agreed to speak during the January 23, 2001,
public hearing. In the meantime, he will contact staff members with his questions and
concerns.
C/Ruzicka moved, C/Tye seconded, to continue the public hearing for Conditional Use
Permit No. 2000-02 and Development Review No. 2000-20, to January 23, 2001. Motion
carried by the following Roll Call vote:
AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson
NOES: COMMISSIONERS:, None
ABSENT: COMMISSIONERS: None
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-i 1, 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. (Continued from November 14, 2000)
PROJECT ADDRESS: 1193 Diamond Bar Boulevard
Diamond Bar, CA 91765
PROPERTY OWNER: J. Coleman Travis Trust
CIO: 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
DSA/Smith presented staff's report. Pursuant to Development Code
Section 22.68.0301)(c)(2), the Minor Variance is not required with the Conditional Use
Permit. Staff recommends that the Planning Commission approves the amendment to
Conditional Use Permit No. 1998-09(1), Development Review No. 1998-11(1), Findings
of Fact, and conditions of approval as listed within the draft resolution.
Jack Greenspan, Linscott, Law & Greenspan Engineers, speaking on behalf of the
applicant, stated he concurs with staff's recommendations. 0;
JANUARY 9, 2001 PAGE 5 PLANNING COMMISSION
Lida Holt, applicant, said she concurs with staff's findings. The property manager is
receiving bids for the re -striping of the parking lot.
Chair/Nelson re -opened the public hearing.
Michael Drucker, owner of property adjacent to Togo's, said he requested copies of the
traffic engineer's reports for review. He asked if the most recent report consists of
extrapolations, or was the actual site observed. He asked for an explanation of the
percentage of the variance and how staff justifies an increase from 36 to 52 parking spaces.
He said he has evidence that currently there is not ample parking to support what exists at
the site. He indicated that Togo's property manager called him to ask if he was interested
in helping them re -asphalt the entrance to the center. He told her that he has owned the
center since 1988 and no one has ever asked him to contribute to the paving of that
particular area. Because the Commission stated during its last meeting that the area was
not to be re -striped until it was approved, he asked her to verify this fact with the Planning
Commission. Further, he said that the property manager indicated to him during the
discussion that the center was under -parked at 42 spaces. He asked that he be given an
r opportunity to review the modification to the mixed usage.
' Mr. Greenspan stated that -the current study was based on actual observations of the site
conducted on a Friday in October 2000, which were set forth in a report dated November 2,
2000. The December 19 report updated the conclusions and presented a refined analysis
of how many parking spaces would result due to re -striping of the on-site area.
PC/Meyer stated that with respect to the percentage of reduction, the applicant is requesting
that the number of spaces be reduced from the required 52 spaces to 40 spaces. Staff's
recommendation to the Planning Commission supported by two traffic engineers is that
there should be 36 functional parking spaces rather than 40 non-functional or marginally
utilized parking spaces.
Ken Patel, Subway owner, said he does not believe that a reduction in parking spaces to 36
is practical. At the request of Chair/Nelson, he showed a personal video tape he took last
Friday, which shows that almost every parking space is occupied.
Roxanne Taylor, Diamond Bar Town Center Property Manager, said she does -not
understand how an October study of the site could have been accurate since Togo's had just
opened. Codes are in place for a reason. Adequate parking spaces should be provided.
Increasing the size of parking spaces and reducing the number required spaces does not
make sense to her. Placing such an additional burden on the center really does not make
any sense to her. She visited the center between 6:00 p.m. and 6:30 p.m. tonight and was
unable to locate a parking space.
JANUARY 9, 2001
8.
PAGE 6 PLANNING COMMISSION
Chair/Nelson closed the public hearing.
C/Tye asked if the west side of the curb area between Togo's and Firestone that is not
painted red could be striped to create four or five additional parking spaces.
PC/Meyer responded that staff will look into the possibility of C/Tye's suggestion.
Following Commission deliberation, C/Tye moved, VC/Zirbes seconded, to approve
Conditional Use Permit No. 1998-09(1), and Development Review No. 1998-11(1),
Findings of Fact, and conditions of approval as listed within the draft resolution with the
following amendment: That on Page 9, Condition (n) indicate "3 tables for a total seating
for 6 seats." Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Kuo,.Ruzicka, Tye, VC/Zirbes, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
PC/Meyer reiterated that staff will modify the resolution to eliminate any reference to
modification of the existing parking facilities and include the reference to a maximum
seating capacity of six seats, 3 tables. The resolution includes a provision for periodic
review of the operation by the Planning Commission.
PC/Meyer responded to VC/Zirbes that the resolution will clearly define the fact that the
Planning Commission has no comfort with the property owner re -striping the parking lot
which will be signed by the applicant as well as, the property owner.
PUBLIC HEARING:
Due to a potential conflict of interest, C/Ruzicka recused himself from deliberation on Public
Hearing Item 8.1 and left the dais.
8.1 Conditional Use Permit No. 2000-08 and Minor Conditional Use Permit 2000-22
(Pursuant to Code Sections 22.58, 22.56 and 22.68.030D) is a request to modify an existing
retail suite to a shared space for Kendo Martial Arts Studio and an Interior Design Studio.
and to approve a Minor Conditional Use Permit for a decrease in the number of required
off-street parking spaces for the legal non -conforming shopping center.
PROJECT ADDRESS: 1403 S. Diamond Bar Boulevard
Diamond Bar, CA 91765
ill. 71 1 1 1. ; 11 R 1 -1-11 1 1 1 - - H , , � I , , , -,, , , , - - I III,- - I I , �r � I I - , I I , I I I I 1 1 � 1 1 - � ! I . , -! - - -, - 4 , ,,, ,", I I I 1 -1111 � "A, JK - I-- Ili- "Ill -1 11
JANUARY 9, 2001 PAGE 7 PLANNING COMMISSION
PROPERTY OWNER: JHC Investment, LLC -
3530 Wilshire Boulevard, #1440
Los Angeles, CA 90010
APPLICANT: Kevin Kim
1410 S. Stonecrest Drive
Diamond Bar, CA 91765
DSA/Smith presented staff's report. Staff recommends that the Planning Commission
approves Conditional Use Permit No. 2000-08 and Minor Conditional Use Permit
No. 2000 22, Findings of Fact, and conditions of approval as listed within the draft
resolution.
Chair/Nelson opened the public hearing.
There being no one present who wished to speak on this item, Chair/Nelson closed the
public hearing.
VC/Zirbes moved, C/Tye seconded, to approve Conditional Use Permit No. 2000-08 and
Minor Conditional Use Permit No. 2000-22, Findings of Fact, and conditions of approval
as listed within the draft resolution. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
Kuo, Tye, VC/Zirbes, Chair/Nelson
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
Ruzicka
ABSENT:
COMMISSIONERS:
None
C/Ruzicka returned to the dais.
8.2 Development Review No. 2000-21 and Minor Conditional Use Permit No. 2000-21
(Pursuant to Code Section 22.48.020 and 22.68.030(B)) is a request to construct an addition
of approximately 13,572 square feet to an existing two-story Public Utility Telephone
Switching Facility of approximately 12,193 square feet for a total structure of
approximately 25,765 square feet. The Minor Conditional Use Permit is required for
expansion to a legal non -conforming structure.
PROJECT ADDRESS: 1041 South Grand Avenue
Diamond Bar, CA 91765
JANUARY 9, 2001 PAGE 8 PLANNING COMMISSION
PROPERTY OWNER: Verizon
One Verizon Way
Thousand Oaks, CA 91362
APPLICANT: TDM Architects, Inc.
930 Colorado Boulevard
Los Angeles, CA 90041
DSA/Smith presented staff's report. Staff recommends that the Planning Commission
approve Development Review No. 2000-21 and Minor Conditional Use Permit
No. 2000-21, Findings of Fact, and conditions of approval, as listed within the resolution.
Chair/Nelson opened the public hearing.
Sheryl Brenneman lives across the street (Porte Grande) from the structure. She is
concerned about facility noise and view impact.
Diran Depanian, TDM Architects explained the placement of equipment and its screening.
Chair/Nelson closed the public hearing. 0
VC/Zirbes moved, C/Ruzicka seconded, to approve Development Review No. 2000-21,
Conditional Use Permit No. 2000-21, Findings of Fact, and conditions of approval as listed
within the draft resolution subject to the following amendments: 1) "Direct staff to work
with the applicant to see that dense landscaping with mature trees is placed on the street
frontage to minimize the visual impacts of the building and to maximize the natural beauty
of trees and foliage." 2) Amend Condition 0), page 12 to read "The entire project" instead
of "The proposed project." 3) If, in the future, any change occurs in the use of the land, the
City shall be duly noticed." Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
9. PLANNING COMMISSION COMMENTS: None Offered.
10. INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects - as noted.
6 .. — _. _ ..r.. _. -11 ., " ...111 _ 11. ,,,_ , .m. v,r, ,n,, -n.iai: su a ae,.-..A ua n". ._..
JANUARY 9, 2001 PAGE 9 PLANNING COMMISSION
11. 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 9:15 p.m.
Respectfully Submitted,
James DeStefan�
Deputy City Manager
Attest:
airman Steve Nelson