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HomeMy WebLinkAbout04/23/20021 1 1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 23, 2002 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Tanaka led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Steve Tye and Commissioners Steve Nelson, Dan Nolan and Jack Tanaka. 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: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of April 9, 2002. C/Nelson moved, C/Nolan seconded, to approve the Minutes of the Regular Meeting of April 9, 2002, as presented. Without objection, the motion was so ordered. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Develo ment Review No. 2000-12(l), Conditional Use Permit No. 2000-07(l), and Variance No 2000-06(1) (pursuant to Code Section 22.66.060) is a request to modify a project feature specifically addressed by the Planning Commission. The Planning Commission approved the project on October 10, 2000. The approval caused the construction of a 129,000 square foot three-story office building with a parking garage and child day care facility with play yard. In accordance with the approval, the play yard fencing is required to be wrought iron. The applicant is APRIL 23, 2002 PAGE 2 PLANNING COMMISSION requesting to use chain-link fencing. Hence, the request for a modification to the original approval. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 1440 Bridge Gate Drive (Lot 16 of Tract No. 39679) Diamond Bar, CA 91765 Bridge Gate Partners, LP 5670 Wilshire Boulevard, Suite 1240 Los Angeles, CA 90036 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission approve Development Review No. 2000-12(1), Conditional Use Permit No. 2000-07(1), Variance No. 2000-06(1) denying applicant's request to install chain link fencing, Findings of Fact, and conditions of approval as listed within the resolution. Ted Green, President, Trenton Group, agreed that the wrought iron fencing was set forth in the Planning Commission's original approval. The group that designed the day care center designed the facility with a chain',link fence. The drawing was submitted to the city, approved and installed at the facility. When staff registered its objection, he elected to saw -cut the sidewalk in front of the chain link fence and installed vines to obscure the fencing. He felt it would be justified to revise the original Planning Commission approval to incorporate the chain link fencing. He requested the Planning Commission to allow the facility to keep the chain link fencing in place recognizing that the heavy growth would obscure the fencing in about six months. Mr. Green indicated to VC/Tye that he had not seen the handwritten note on the drawings indicating that "chain link fencing is prohibited. Wrought iron fencing and gate shall be utilized for the child day care center." He showed the Commission the plans that were submitted and stamped approved by the city. The drawing shows a chain link fence. AssocP/Lungu explained that the attachment contained in the packet is dated the same date as Mr. Green's set of plans. When the plans were received at City Hall, three sets were stamped. Typically, sets of plans are passed back and forth as corrections are made. The set that she signed indicated that chain link fencing was prohibited and that wrought iron fencing would be installed. Mr. Green responded to C/Tanaka that with respect to child safety, Knowledge Beginnings is a very professional group that designs only day care centers and would not have put chain link fencing in the plans had they felt it would be detrimental to children. Ll 1 APRIL 23, 2002 PAGE 3 PLANNING COMMISSION There was a lengthy discussion of procedures regarding stamping in and handling of plan submissions by applicants. VC/Tye expressed to Mr. Green that the applicant is bound by the Planning Commission's approval to install wrought iron fencing and not chain link fencing. Mr. Green did not dispute the Commission's approval for wrought iron fencing. He again stated that he had never seen the handwritten notations about wrought iron fencing. In addition, he did not feel that chain link fencing was detrimental. Chair/Ruzicka opened the public hearing. There being no one present who wished to speak on this matter, Chair/Ruzicka closed the public hearing. VC/Tye moved, C/Nelson seconded, to approve Development Review No. 2000-12(1), Conditional Use Permit No. 200-07(1), Variance No. 2000-06(1) denying applicant's request to install chain link fencing, Findings of Fact, and conditions or approval as listed within the resolution. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: VC/Tye, Nelson, Nolan, Tanaka, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8.. PLANNING COMMISSION COMMENTS: C/Nelson stated that there is an inoperable vehicle parked in front of the residence at 24231 Delta Drive. He mentioned this to Code Enforcement Officer Flores at the City's Birthday Party and wanted to apprise staff. He wished the City a happy birthday. VC/Tye expressed kudos to staff for a terrific 13th birthday party. 9. INFORMATIONAL ITEMS: DCM/DeStefano reported that at its last meeting, City Council approved title changes for several employees including Stella Marquez who received the title of Administrative Assistant. The Code Enforcement Officers are now titled "Neighborhood Improvement Officers." City Council approved first reading of the Cyber Caf6 ordinance. Second reading occurs on May 7 and the ordinance becomes effective on June 7, 2002. As a result of the discussion about the ordinance, Council decided to look at the zoning of the area that incorporates Diamond Village, Kmart, Savon, and other land uses adjacent to Lorbeer Middle School. At its May 7 study session, Council will discuss the possibility of rezoning APRIL 23, 2002 PAGE 4 PLANNING COMMISSION the area with the matter likely being referred to the Planning Commission for consideration at its second meeting in June. VC/Tye said that in October 2000 a business on Gentle Springs Lane was required to install paving in front of the business. What method does the City have for keeping the area well maintained. DCM/DeStefano explained that although staff recommended that for a portion of the street in front of the establishment be re -paved, striped, and well lighted, the applicant succeeded in convincing the Planning Commission otherwise. The Commission did not incorporate the condition to fix the street within the project approval. The Planning Commission asked staff to look into having the City complete the project. The only means available to the City at that time was the Redevelopment Agency. As a result of the loss of the Redevelopment Project Area, the street remains in disrepair. The street is privately owned and all 10 owners would need to agree on a method for repairing the street through code enforcement. A more likely scenario would be that the street would be offered to the City. That would encumber the City to immediately repair the street. VC/Tye believed the street presented a safety hazard and that the property owners should be made aware of the condition. 10. SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Ruzicka adjourned the meeting at 7:45 p.m. Respectfully S tted, J es DeStefan Deputy City Manager Attest: _ a i Chairman Joe zick