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HomeMy WebLinkAbout7/10/2001MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION '4.ao... JULY 10, 2001 CALL TO ORDER: Chairman Zirbes called the meeting to order at 7:05 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 Vice Chairman Ruzicka. 1. ROLL CALL: Present: Chairman Bob Zirbes, Vice Chairman Joe Ruzicka, and Commissioners George Kuo, Steve Nelson and Steve Tye. Also Present: Ann J. Lungu, Associate Planner; Linda K. Smith, Development Services r N Assistant, and Stella Marquez, Administrative Secretary. L_...J 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 . Minutes of the Regular Meeting of June 26, 2001. VC/Ruzicka move(:, C/Nelson seconded, to approve the minutes for the regular June 26, 2001 meeting as pr. sented. Motion carried by the following Roll Call vote: AYES: CW,MSSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None. - ----- fi -- --- - -- _ 7r x -- - --. ,_.:._ .- ---1, --- JULY 10, 2001 PAGE 2 PLANNING COMMISSIPN 6. NEW BUSINESS: 6.1 General Plan Annual Report. Government Code Section 65400(b) requires that an annual report be presented to the local legislative body, the Governor's Office of Planning and Research, and the Department of Housing & Community Development on the status & progress of the implementation of the General Plan. AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission receive the General Plan Annual Report and direct staff to forward a copy to the City Council for review. VC/Ruzicka moved, C/Tye seconded, to receive and file the General Plan Annual Report and direct staff to forward a copy to the City Council for review. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None;''"` 7. CONTINUED PUBLIC HEARING: None 8. PUBLIC HEARING: 8.1 Development Review No. 2001-04(1) and Minor Variance No. 2001-09(1) (pursuant to Code Sections 22.66.060(A)(3)) is a request for a revision of hours of operation for the public from 11:30 a.m. to 10:00 p.m. on Saturday and Sunday. Current hours of operation are 5:30 p.m. to 10:00 p.m. daily. Additionally, the applicant requests to use the premises from 10:00 a.m. to 5:30 p.m. for food preparation and the taking of reservations and catering orders. 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: Ali Akbar 8481 Holder Street Buena Park, CA 90620 ,,,,. - 111 w_. , ..,. 1 _ A. _, Ia, . ._ ... JULY 10, 2001 PAGE3 PLANNING COMMISSION DSA/Smith presented staff's report. Staff recommends that the planning Commission approve Development Review No. 2001-04(1) and Minor Variance No. 2001-09(1), Findings of Fact, and conditions of approval as listed within the resolution.. David Catlan, applicant's agent, said he did not believe the parking would be an issue inasmuch as the center is not as heavily parked during the weekend. Mr. Akbar has agreed not to open his restaurant to the public until 11:30 a.m. on Saturday and Sunday. Mr. Akbar stated he would not enter the premises on Saturday or Sunday until 11:00 a.m. C/Tye asked why the applicant would need to enter the premises at 10:00 a.m. to begin serving the public at 5:30 p.m. on weekdays and only need to enter the premises 1/2 hour before opening on Saturday and Sunday. - David Catlan, speaking for Mr. Akbar, responded to C/Tye that the reason he arrives early (during the week) is to take reservations and only he and possibly one other person would be at the restaurant during that time. r-- 1 Chair/Zirbes opened the public hearing. Peggy Guess, 2020 Brea Canyon Road #A5, asked who enforces the restrictions and if there is a violation who can she call to report the incident. Chair/Zirbes referred Ms. Guess to the City's Code Enforcement officer, Al Flores. Chair/Zirbes closed the public hearing. C/Kuo recommended that the operating hours on Saturday and Sunday begin at 10:00 a.m. for uniformity. David Catlan explained that the food for the catering portion of the t usiness is prepared on- site and taking to other locations for consumption. He plans to save four people at the location on the weekends to prepare food for�',the catering portion of the business, which is almost entirely the weekend business. Chair/Zirbes said he believes the resolution 'should focus on the hours of operation when the restaurant is open to serve the public to wit: 5:30 p.m. to 10:00 p.m. Monday through Friday and 11:30 a.m. to 10:00 p.m. on Saturday and Sunday. VC/Ruzicka moved, C/Nelson seconded, to approve Development Review No. 2001-04(1) and Minor Variance No. 2001-09(1), Findings of Fact, and conditions of approval as listed within the resolution subject to the following: The hours of operation when the restaurant'. is open to serve the public shall be from 5:30 p.m. to 10:00 p.m. ]Monday through Friday - -- �- ____ w . — — JULY 10, 2001 PAGE 4 PLANNING COMMISSI¢N a and 11:30 a.m. to 10:00 p.m. on Saturday and Sunday. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT:' COMMISSIONERS: None 8.2 Development Review No. 2000-01(1), Variance No. 2000-01(1) and Minor Variance No. 2000-01(1) (pursuant to Code Sections 22.60.050.C.) , is a request for an extension of time for a project approved by the Planning Commission on February 8, 2000. The Planning Commission approval allows the construction of a two-story single family residence of approximately 15,602 square feet with a basement, balconies, six -car garage and indoor and outdc :,)r swimming pool/spa, pool equipment/restroom structure, and tennis court. The Variance allows a reduction in setbacks for the residence, pool equipment, restroom structure and tennis court. It also allows tennis court fencing in excess of 6 feet in height and retaining wall in excess of 42 inches in height within the front yard setback. The Minor Variance allows the construction of two cupolas that extend 2.5 feet above the maximum 35 -foot height permitted for a residence. The extension of time, if approved, will allow the continuation of this entitlement until February 8, 2003. PROJECT ADDRESS PROPERTY OWNER: APPLICANT: 22840 Ridgeline Road (Tract No. 30091, Lot 156) Diamond Bar, CA 91765 Mr. and Mrs. Wen Chang 1011 Summitridge Road Diamond Bar, CA 91765 Ku and Associates, Inc. Habitant Development Corporation 18725 E. Gale Avenue #217 City of Industry, CA 91748 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission approve the one-year extension of time for Development Review No. 2000-01(1), Variance No. 2000-01(1), and Minor Variance No. 2000-01(1). Tom Lau, Ku Associates, stated the owner wishes additional time to review the project and resolve the engineering issues. Chair/Zirbes opened the public hearing. R �1­1_1!: 7� d ; " � A � � I , , 1 ,.,,:...,. _. -. Ic 11 1, 1 _, , 1 ,..,. I,r.. .r.., . 11,.0 -111 _..w, — _, JULY 10, 2001 PAGE 5 PLANNING COMMISSION There being no one who wished to speak on this matter, Chair/Zirbes closed the public hearing. C/Tye moved, VC/Ruzicka seconded, to approve the one-year extension of time for Development Review No. 2000-01(1), Variance No. 2000-01(1), and Minor Variance No. 2000-01(1). Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Tye, VC/Ruzicka, Chair/Zirbes NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 9. PLANNING COMMISSION COMMENTS: C/T; s said that he intends to attend the Parks and Recreation Commission meeting on June 28 and cong.•atulate them on the spectacular July 4 event. 10. INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. As detailed in the agenda. 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 7:43 p.m. Re ectfully ," u mitted, J s DeStefano Deputy City Manager Attest: Chairman Bob Zirbes `— i