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Home My WebLink About6/12/2001i - MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION a JUNE 12, 2001 CALL TO ORDER: Chairman Zirbes called the meeting to order at 7:03 p.m..in the South Coast Air Quality Management Board Hearing Room, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Vice Chairman Ruzicka. 1. ROLL CALL: Present: Chairman Bob Zirbes• Vice 'Chairman Joe Ruzicka d 2. 3. 4. 5. an Commissioners George Kuo; and Steve Nelson. Commissioner Steve Tye was excused. Also Present: James DeStefano, Deputy City Manager; Ann J. Lungu, Associate Planner; Linda K. Smith, Development Services Assistant; and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None offered. APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of May 22, 2001. VC/Ruzicka moved, C/Kuo se ,onded, to approve the minutes for the regular May 22, 2001, meeting as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Ruzicka, Kuo, Nelson, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Tye OLD BUSINESS: None. JUNE 12, 2001 PAGE 2 PLANNING COMMISSIui i 6. 7. 8. NEW BUSINESS: 6.1 General Plan Conformity Report for FY 2001-2002 Capital Improvement Program. DCM/DeStefano presented staff's report. Staff recommends that the Planning Commission approve a resolution finding that the FY 2001-2002 Capital. Improvement Program is in conformance with the General Plan. Following a brief question and answer session between Commissioners and DCM/DeStefano, VC/Ruzicka moved, C/Nelson seconded, to approve Resolution No. 2001-12 finding that the Fiscal Year 2001-2002 Capital Improvement Program is in conformance with the General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Tye CONTINUED PUBLIC HEARING: None. PUBLIC HEARING: 8.1 Development Review No. 2001-04 and Minor Variance No. 2001-09 (pursuant to Code Sections 22.48.020(A)(2) and 22.52.020(D)) is a request for an intensification of land use for the conversion of an existing retail suite in a commercial center to a restaurant and to permit a decrease of 16% in the number of required off-street parking spaces. PROPERTY ADDRESS: 2020 Brea Canyon Road, Suite A-7 (Lot 180, Tract 30578) Diamond Bar, CA 91765 PROPERTY OWNER_: Nathaniel Williams 3029 Wilshire Boulevard #202 Santa Monica, CA 90403 APPLICANT: Akbar Ali 8481 Holder Street Buena Park, CA 90620 1� JUNE 12, 2001 PAGE 3 PLANNING COMMISSION DSA/Smith presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2001-04 and Minor Variance No. 001-09, Findings of Fact, and conditions of approval, as listed within the resolution. Chair/Zirbes opened the public hearing. David Catlan, Real Estate Broker, C. B. Richard Ellis, Ontario, representing the applicant and owner, said he has handled the property off and on for about 12 years, and has been in charge of the leasing for the past two years. He supports the restaurant use in the center. Mr. Catlan indicated to C/Nelson that he visits the site frequently and has rei;eived no complaints or comments from any tenants he has represented over the years with regard to parking at the center. The parking is iri-common. Security personnel park their vehicles up against the fence facing the service road. Some competing centers within the City supply more parking, some supply less parking. r: To his knowledge, all centers comply with the code. Mr. Catlan responded to Chair/Zirbes that the property owner/applicant concurs b with the conditions of approval for this project. The lease document discusses the reciprocal parking agreement, which prevents designated/allocated parking. In his opinion, the property owner would be willing to acknowledge the shared -parking agreement. Mr. Catlan indicated to C/Nelson that the previous occupant of this property was Century 21. He estimated that the office accommodated approximately 26-30 agents and 7-9 support staff. Peggy Guess, 2020 Brea Canyon road, #A5, Diamond Dance Wear, said r he has been a tenant in the center for many years. She said the reason Century 21 left is lack of parking. There is not sufficient parking for this project. She dis,-greed that there is no parking problem in the center. Tenants have complained for seven years. She is also concerned that there are no fire walls in the buildings. When the building was reconstructed after a fire, no fire walls were included. She is very concerned about food odors penetrating the clothing in her store,' smoke fumes and fire potential of this project. Don Ferderer, Chino Hills, occupies the space directly adjacent to the proposed project location, 2020 Brea Canyon Road, #6. He has been there only about seven months. However, he believes parking is an issue at certain times. He is also concerned about fire hazard. JUNE 12, 2001 PAGE 4 PLANNING COMMISSI'; i Chair/Zirbes closed the public hearing. DSA/Smith clarified the parking study parameters. She reported that the applicant indicated to staff that he would be willing to remain closed during lunch time and request only the 5:30 p.m. until closing hours for operation. By today's standards, the development is under -parked. VC/Ruzicka said he has always been able to find a parking spot in the center. He asked if staff has received complaints from residents or tenants about this project. DSA/Smith said she has received only one letter. C/Kuo asked the applicant's representative why Century 21 moved out of the space to which he responded he does not know why they moved across the street. They took a smaller space and may have received a better lease rate. He would imagine that the parking demand would decrease in the center since Century 21 is no longer there. He reiterated the applicant's willingness to remain closed during lunch time and open in the evening only after most tenants have -left the center. C/Nelson moved, VC/Ruzicka seconded, to approve Variance No. 2001-04, Minor Variance No. 2001-09, Findings of Fact, and conditions of approval, as listed within the resolution subject to amending the operating hours indicated in the first sentence of Condition (m), page 7, to read: Regular hours of operation shall be between 5:30 p.m. and 10:00 p.m. daily." Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONEF'S: ABSENT: COMMISSIONEFS: Kuo, Nelson, VC/Ruzicka, Chair/Zirbes None Tye Chairman Zirbes recused himsF_` from discussion of Agenda Item No. 8.2 and left the dais. 8.2 Development Review No. 2001-06 (pursuant to Code Sections 22.48.020(A)(1)) is a request to construct a two-story, single family residence of approximately 12,513 gross square feet including balconies, porch, covered patio and four -car garage. PROJECT ADDRESS: 2819 Water Course Drive (Lot 46, Tract 47850) Diamond Bar, CA 91765 JUNE 12, 2001 PAGE 5 PLANNING COMMISSION PROPERTY OWNER: Diamond Bar West, LLC 3480 Torrance Boulevard #300 Torrance, CA 90503 APPLICANT: Richard Gould 3480 Torrance Boulevard #300 Torrance, CA 90503 DSA/Smith presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2001-06, Findings of Fact, and conditions of approval, as listed within the resolution. Kurt Nelson, Diamond Bar West, LLC, stated he concurs with staff's report and conditions of approval. VC/Ruzicka opened the public hearing. 7 There being no one who wished to speak on this matter, VC/Ruzicka closed the public hearing. C/Kuo moved, C/Nelson seconded, to approve Development Review No. 2001-06, Findings of Fact, and conditions of approval, as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, VC/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Tye ABSTAIN: COMMISSIONERS: Chair/Zirbes Chairm, n Zirbes returned to the dias. 8.3 Development Review No. 2001-08, Minor Conditional use Permit No. 2001-06 (pursuant to Code Sections 22.48.020, 22.42.120 and 22.56) is a request to construct a two-story, single family residence of approximately 10,365 gross square feet including balconies, porch, covered patio and three -car garage. The Minor Conditional Use Permit approval is required to construct a second dwelling unit of approximately 956 square feet. PROJECT ADDRESS: 2809 Water Course Drive (Lot 49, Tract 47850) Diamond Bar, CA 91765 JUNE 12, 2001 PAGE 6 PLANNING COMMISSI4 PROPERTY OWNER: Mr. and Mrs. Shah 401 New Jersey Lane Placentia, CA 92870 APPLICANT: S&W Development 20272 Carrey Road Walnut, CA 91789 DSA/Smith presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2001-08, Minor Conditional Use Permit No. 2001-06, Findings of Fact, and conditions of approval, as listed within the resolution. Simon Shum, S&W Development, said that it is economically feasible to build a second residence on a $500,000 lot for use as a rental. "The property owner intends to provide the second unit for family members. The applicant understands and concurs with the conditions of approval. He explained that this is a custom home designed exclusively for the owner. Mr. Shum explained to C/Nelson that there is no kitchen proposed in the drawings for this project. VC/Ruzicka said he is concerned about a second owner having a right to using the second unit as a rental. DSA/Smith explained that the State law as well as, the City of Diamond Bar Development Code, gives the right to rent a second unit to others including family members. Mr. Shah said there will be no kitchen in the guest home. Chair/Zirbes opened the public hearing. There being no one who wished to speak on this item, Chair/Zirbes closed the public hearing. C/Nelson moved, VC/Ruzicka seconded, to approve Development Review No. 2001-08, Minor Conditional Use Permit No. 2001-06, Findings of Fact, and conditions of approval, as listed within the resolution with the addition of a Condition to indicate that the guest house shall not have a kitchen. Motion carried by the following Roll Call vote: `t 1 _— __ i x :t ^a I MdurlunWd.ttneJrzl.YlutY.• _• .LLrn�. _Jt _ __ . -_-.. _-, WIk4ISLxfcvlWC.e wpw� —1 JUNE 12, 2001 PAGE 7 PLANNING COMMISSION AYES: COMMISSIONERS: Kuo, Nelson, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Tye 9. PLANNING COMMISSION COMMENTS: VC/Ruzicka reported that there is a huge pothole at the corner of Mountain Laurel Way and Diamond Bar Boulevard turning off of. Diamond Bar Boulevard right onto Mountain Laurel Way about 20 feet into the street. 10. INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. AssocP/Lungu stated that Diamond Bar Honda will be requesting an extension of time on their car wash facility project and other modifications. 11. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Zirbes adjourned the meeting at 8:41 p.m. Attest: Chairman Bob Zirbes Respectfully Submitted, Jame DeStefano Deputy City Manacer