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Home My WebLink About02/26/2002MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION ' FEBRUARY 26, 2002 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California: PLEDGE OF ALLEGIANCE: Commissioner Kuo led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Nelson, Vice Chairman Joe Ruzicka, and Commissioners George Kuo, and Steve Tye. Commissioner Dan Nolan was excused. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Secretary. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Debby O'Connor thanked Commissioner George Kuo for his four years of service on the Planning Commission for the City of Diamond Bar. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: - 4.1 - Minutes of the Regular Meeting of February 12, 2002. VC/Ruzicka moved, C/Tye seconded, to approve the Minutes of the Regular Meeting of February 12, 2002, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Tye, VC/Ruzicka, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 5. OLD BUSINESS: None 6. NEW BUSINESS: None t FEBRUARY 26, 2002 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 Development Review No. 2001-22, (pursuant to. Code Sections 22.48.020(A)(1)) is a request to remodel and add approximately 2,410 square feet (revised to 2,202) to an existing 2,265 square feet single family residence with porch, balconies and three car garage. (Continued from January 22, 2002) PROJECT ADDRESS: 480 Wayside Place (Lot 32, Tract 42585) Diamond Bar, CA 91765 PROPERTY OWNER: Steven and Debbie Mott 480 Wayside Place Diamond Bar, CA 91765 APPLICANT: Jerry Lutjens - Landmark Development 19953 Valley Boulevard Walnut, CA 91789 -. DSA/Smith presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2001-22, Findings of Fact, and conditions of approval as listed within the draft resolution. Chair/Nelson re -opened the public hearing. James Ables, Landmark Remodelers, thanked staff for allowing the applicant to redesign a feasible product and appreciated the Commissions reconsideration. Chair/Nelson closed the public hearing. DSA/Smith responded to C/Tye that during remodel projects, staff often requires that the damaged landscape be replaced. VC/Ruzicka moved, CfTye seconded, to approve Development Review No. 2001-22, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Tye, VC/Ruzicka, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan FEBRUARY 26, 2002 PAGE 3 PLANNING COINB'IISSION 8. STUDY SESSION: Discussion of Development Code Amendment (Computer Cafes). AssocP/Lungu presented staff's report. The public hearing will be rescheduled for March 12, 2002. Paul Esteves, Gamers-X, 926 N. Diamond Bar Boulevard, thanked staff for their interest in this matter. He acknowledged negative issues within the industry and supported standards and regulations for the PC Cafe/gaming industry. He believed the proposed ratio of staff to customer is unfair. At $2.00 per hour for computer use, receipts are inadequate to pay for additional staff and to generate revenue. He felt that properly placed security surveillance equipment systems would insure adequate monitoring. He requested that the hours of operation be amended to 12:00 noon to 12:00 midnight weekdays and 12:00 noon to 2:00 a.m. weekend evenings. He also took exception to the two -bathroom requirement. He apologized for setting up his business prior to obtaining Conditional Use Permit approval. Sei Jong Oh, Market Workplace, said this business originated in Korea that currently provides 23,000 such businesses. Games are necessary to attract the students. Most young people stay for one to two hours to use the PC's and then go home to do their homework. VC/Ruzicka admires the imagination and creativity of people who wish too en new businesses in Diamond Bar. He asked if staff invited comments from the Sheriff's Department on this matter. He suggested that during a future public hearing that a Sheriff's Department representative be - invited to speak about these types of businesses. DCM/DeStefano responded that staff sought input from Lieutenant Mike Walker from the Diamond Bar/Walnut Sheriff's Station whose comments are included in tonight's report. VC/Ruzicka believed that if potential problems are addressed in the beginning there should be no problem with this type of business. However, he was concerned about the expense of having local law enforcement respond to problems associated with this type of business. C/Tye asked if staff has received complaints from adjacent businesses about noise. DCM/DeStefano said he is aware of a complaint from a beauty salon about Gamers-X. There was a time when noise affected the salon and the problem was mitigated by the use of headsets. C/Tye, commented on the fact that a.tenant improvement permit was issued under the pretext of computer retail sales, asked if any computer retail sales are taking place within these facilities. He also asked for advice regarding LA County's requirement for a business license. DCM/DeStefano said that staff is not aware of any retail sale of computer hardware. However, there is some retail sales of computer games and accessory software. DCM/DeStefano spoke with FEBRUARY 26, 2002 PAGE 4 PLANNING COMMISSION the department director for business licensing with LA County. In order to, require a business license for this type of business, a local ordinance needs to specifically create the requirement. As a result, the county will provide licensing services. C/Kuo was concerned with parking, security and noise issues. He felt that the parking spaces should directly relate to the number of computer stations. DCM/DeStefano stated that based upon survey of other cities, staff found that the ratio of one parking space per 35 feet of business space seemed to be the norm. These uses will require a conditional use permit that gives staff the opportunity to review each business on a case by case basis. C/Kuo was also concerned about the requirement for people under the age of 18 to be accompanied by an adult. Chair/Nelson said he shares VC/Ruzicka's concern about the Sheriff's Department having to spend time enforcing problems associated with feral adults on Saturday night when they should be out patrolling the community. The cost of security would therefore be the responsibility of the business owner. DCM/DeStefano pointed out that conditional use permit reviews contain clauses to insure the - modification of conditions to meet changing uses or conditions of the facility. Such clauses can contain language to address an appropriate number of calls for service from the Sheriff's r. Department. DCM/DeStefano reiterated that the public hearing for this matter is slated for March 12, 2002. On that date, the Commission will be asked to make its decision regarding the ordinance. C/Tye asked that staff provide information regarding the shortfall in revenue percentage anticipated from closing these businesses earlier than requested by Mr. Estevez. 9. PLANNING COMMISSION COMMENTS: None Offered. 10. RECOGNITION OF OUTGOING COMMISSIONER GEORGE KUO. DCM/DeStefano thanked outgoing Commissioner Kuo for his four years of service to the Planning Commission. He reminded C/Kuo about the many significant policy decisions that the Commission made during his tenure. Staff especially appreciated his thoughtful examination of the staff reports prior to meetings and his participation in the decisions that helped the community. Commission Kuo will be missed. Chair/Nelson stated that on behalf of the Commissioners, they too appreciated Commission. - Kuo's critical attention to detail. and contributions to sound policy decisions. Commissioner Kuo's daughter Emily presented him with a plaque. 11. INFORMATIONAL ITEMS: Reports provided by DCM/DeStefano on the following items: 11.1 Code Enforcement Enhancement. 11.2 Negative Declaration for Community/Senior Center. 11.3.a. -City Council Appointments: Planning Commission, Parks and Recreation Commission, Traffic and Transportation Commission, Diamond Bar Community Foundation, and Wildlife Corridor Conservation Authority (WCCA). 11.3.b. Reorganization of Planning Commission — March 12, 2002., ' 11.4 Public Hearing dates for Future Projects 12. SCHEDULE OF FUTURE EVENTS: As scheduled. 3 ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Nelson adjoumed the meeting at 8:23 p.m. Res ectfully Submitted, JaiYes DeStefano Deputy City Manager Attest: ' airman Steve Nelson