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Home My WebLink About2/11/20031 11 1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 11, 2003 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:04 p.m. in the South Ci Management/Government Center Auditorium, 21865 East Copley Drive, California 91765, PLEDGE OF ALLEGIANCE: Vice Chairman Tye led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Joe Ruzicka, Vice Chairman St( Commissioners Steve Nelson, Dan Nolan, and Air Quality mond Bar, Tye, hand Also Present: James DeStefano, Deputy City Manager, nn Lu gu, Associate Planner, Linda Smith, Development Sery es Assistant, Stella Marquez, Administrative Assistant, and ilan Garrison of LDM Associates 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of January 28, 2003. VC/Tye moved, C/Tanaka seconded, to approve the Janua minutes with the following correction: Change 50 percent to the sixth sentence of paragraph 3 on Page 6. Without objectioi was so ordered. 5. OLD BUSINESS: 5.1 Development Review 2002-07, Conditional Use Permit 1, Tentative Parcel Mao No. 26771 — The proposed project is approval of a Development Review, Conditional Use Permit, a Parcel Map. This would allow for the construction of a retai shopping center consisting of a three-story hotel, two restaurants, and two office/retail building pads totaling approxin 28, the request 9 Tentai 70, in E FEBRUARY 11, 2003 Page 2 PLANNING COMMISSION square feet of gross building area. The proposed development will be located on an approximate 6.50 gross acre site. (Public Hearing closed on December 10, 2002.) PROPERTY OWNER: APPLICANT: Louis Marcellin 20326 Fuerte Drive Walnut, CA 91789 Phil Williams (Extended Stay America) 2.525 Cherry Avenue #310 Signal Hill, CA 90806 DCM/DeStefano presented staff's report. Staff recommends that at the request of the applicant, the Planning Commission continue this matter to the February 25, 2003 meeting. VC/Tye moved, C/Nolan seconded, to continue this, matter to the February 25, 2003 meeting. AYES: NOES: ABSENT: 6. OLD BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: 7. PUBLIC HEARING(S): None Nelson, Nolan, Chair/Ruzicka None None Tanaka, VC/Tye, 7.1 Development Review 2002-33 Minor Conditional Use Permit 2002-05 Minor Variance 2002-09 and Tree Permit 2002-03 — Pursuant to Chapters 22.48, 22.56, 22.52, and 22.38 of the City of Diamond Bar Development Code, the applicant has requested approval of plans to construct a three-story single family dwelling with a combined gross floor area of approximately 11,124 square feet (including porches, balconies, covered patios and a 4 -car garage.) The proposed project will be developed on an existing vacant 62,726 square foot (1.44 acres) R-1 40,000 zoned lot that has a consistent underlying General Plan Land Use designation of Rural Residential. The development also includes a pooVspa, tennis court and detached gazebo. Additionally, the applicant requests approval of a Minor 1 FEBRUARY 11, 2003 Page 3 PLANNING Conditional Use Permit to allow for nine (9) foot high tennis cc - Minor Variance to permit eight feet high retaining walls, and a' remove and replace protected tree species. PROJECT ADDRESS: PROPERTY OWNER: 22909 Ridge Line Road (APN 8713-005-006) Diamond Bar, CA 91765 Chuck and Loann Nguyen 24144 Benfield Place Diamond Bar, CA 91765 APPLICANT: JN Design & Associates 10181 Westminister Avenue, Garden Grove, CA 92843 PC/Garrison presented staff's report. Staff recommen Commission approval of Development Review No. 20C Conditional Use Permit No. 2002-05, Minor Variance No. 2002" Permit No. 2002-03, Findings of Fact, and conditions of appr within the resolution. Joseph Nguyen, project manager, stated he read staff's rep with the conditions of approval. Chair/Ruzicka opened the public hearing. There being no one who wished to speak on this item, Chair/ the public hearing. VC/Tye moved, C/Tanaka seconded, to approve Developi No. 2002-33, Minor Conditional Use Permit No. 2002-05, Mi No. 2002-09 and Tree Permit No. 2002-03, Findings of Fact, a of approval as listed within the resolution. Motion carried by the Call vote: AYES: COMMISSIONERS: Nelson, Nolan, T Chair/Ruzicka ' NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 'roe Pe 218 g, a it to Js Planting 2-33, M nor -09 and I ree )val as listed r lowing im FEBRUARY 11, 2003 Page 4 PLANNING COMMISSION 7.2 Conditional Use Permit No. 2002-19 — Pursuant to Code Sections 22.58, 22.42.035 and 22.10.030 Table 2-5, this project is a request to allow a computer services/gaming center in an existing shopping center. A computer services/gaming center is defined as a business establishment that provides the space, equipment and technology to make fast, multi -player PC games and high speed computers available to patrons for a fee. PROJECT ADDRESS: 23499 Golden Springs Drive Diamond Bar, CA 91765 PROPERTY OWNER: DBV Star, LLC P.O. Box 5156 Diamond bar, CA 91765 APPLICANT: Jechual Kim 1756 Autumn Glow Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval Conditional Use Permit No. 2002-19, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Ruzicka commented that he liked the format of staff's report in which the requirements for approval were bulleted. He felt it would be beneficial to continue this practice. He felt it would improve Commissioner's ability to review the resolution. C/Tanaka asked what the process was for removing the Conditional Use Permit if the applicant did not meet the conditions. DCM/DeStefano explained that the process for revocation of a Conditional Use Permit is similar to approval of a Conditional Use Permit. Notice would be provided to the applicant in order to give the applicant an opportunity to correct the violation. If the applicant failed to comply, a public hearing would be held to consider modification to the conditions of approval or revocation of the operating permit. Jechual Kim, applicant said he concurred with staff's report and would follow the City's regulations. He was concerned about the number of employees 1 FEBRUARY 11, 2003 Page 5 PLANNING required to conduct his business. He felt it was not necessary. He - recommended one employee for every 20 computers and one employe for every 20 customers. Chair/Ruzicka opened the public hearing. There being no one who wished to speak on this matter,C$hai closed the public hearing. VC/Tye asked that the bullet point item referencing adult orie ted inte net sites be written to read: "accessing adult-oriented Internet ites shal be prohibited." DCM/DeStefano explained to VC/Tye that the number of require e is predicated on the number of machines, not on-site custome S. VC/Tye felt the condition regarding bathrooms should read: a applicant shall reduce the number of stations to 20 or install a second bathroom." He asked if it was appropriate to limit the use by minors during scl iool hour 3. AssocP/Lungu said that some cities limit the use by minors d ring sch hours in the ordinance and some do not. DCM/DeStefano stated Gamers-X has 30 machines and the Plann ng Commission required them to have two full time adult attendants. The fac ity was allowed to utilize a camera system in lieu of on-site securi attenda is and the same type of video surveillance could be considered f oi, this facil tv. C/Tanaka moved, Chair/Ruzicka seconded, to approve Con itional e Permit No. 2002-19, Findings of Fact, and conditions as listewithin t e resolution. Motion carried by the following Roll Call vote: t' AYES: COMMISSIONERS: Nelson, Nolan, Tanak , VC/Ty , Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Conditional Use Permit No. 2002-15/Minor Variance N . 2002- 0 (pursuant to Code Sections 22.58.22.52, 22.42.035 and 22-10-030— Table 2-5) is a request to allow a computer services/gaming c nter in n FEBRUARY 11, 2003 Page 6 PLANNING COMMISSION existing shopping center. A computer services/gaming center is defined as a business establishment that provides the space, equipment and technology to make fast, multi -player PC games and high speed computers available to patrons for a fee. A Minor Variance is requested to reduce the number of required off-street parking spaces. PROJECT ADDRESS: PROPERTY OWNER: 1119-1123 Brea Canyon Road Diamond Bar, CA 91765 Lakeview Village Corporation 12901 Harbor Boulevard A-5 Garden Grove, CA 92840 APPLICANT: Jerry Pao 18046 Amargoso Street Rowland Heights, CA 91748 DSA/Smith presented staff's report. Staff recommends that the Planning Commission open the Public Hearing, receive testimony, discuss the project, and continue Conditional Use Permit No. 2002-15 and Minor Variance No. 2002-10 to a future date to allow the City's Traffic Engineer an opportunity to review the Saturday Shared Parking Study. Jerry Pao said he read staff's report and concurs with the conditions of approval. Chair/Ruzicka opened the public hearing. Linda Gunn, 1141 Hare Avenue, believed this site was different from others housing computer centers. Residences are located much closer to this site and she does not want this element in that location. As a frequent user of the Hallmark post office after 10:00 a.m. there is no available parking. It is inconvenient for her to walk a great distance due to a leg problem. Linda Hedakin, 1136 Hare Avenue, did not want this type of business in her neighborhood that is already heavily impacted by traffic. Since Market World opened there has been a lot of traffic congestion in her neighborhood. She also worried about the late night hours and kids hanging out. She opposed the project. FEBRUARY 11, 2003 Page 7 Chair/Ruzicka closed the public hearing. PLANNING VC/Tye asked how much, if any, consideration would be given o the facj that 80 percent of the users do not drive. I DCM/DeStefano responded that the parking study is typically done b the use and calculated number of parking spaces required forte use oi the international traffic engineer's standards for the number of trips generated by each use. To some extent, uses such as bus route traffic are taken into account. C/Nelson asked for confirmation that the Sheriff's Departmentl has rece ved no service calls to the same type of facility (Item 7.1) that haseen ope for approximately one year. DCM/DeStefano responded to C/Nelson that over one year ao when taff was first looking at the ordinance, the real estate office immedi tely adja ent to ePC was concerned about debris and smokers at the bac door. S nce that time, there have been no complaints. The Sheriff's De artment has visited the site on several occasions and reported no proble s since the business opened. Additionally, there have been no calls for service for Gamers-X. Further, Gamers-X assisted staff with its ordina ce and has been a model for the City. So far, they run a clean operation. Apart f om knowing how the owner plans to market his business, there is a fundam tal assumption that the clientele would be similar to other such f ilities. C/Tanaka moved, C/Nelson seconded, to re -open the public hearing continue Conditional Use Permit No. 2002-15, and Minor Vari; No. 2002-10 to February 25, 2003. C/Nelson asked staff to eta orate o elements in light of existing facilities since the City has experience problems with them. Motion carried by the following Roll Call ote: AYES: COMMISSIONERS: Nelson, Nolan, Tana Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None DCM/DeStefano informed meeting participants that the February 25, re Commission meeting would. take place in the Hearing Board Room. nd no ling FEBRUARY 11, 2003 Page 8 PLANNING COMMISSION 8. PLANNING COMMISSION COMMENTS: VC/Tye asked if the City's Neighborhood Improvement Officers could be encouraged to be more pro -active with regard to banners, signs, etc. The corner of Diamond Bar Boulevard and Golden Springs Drive is a good example of banner blight. DCM/DeStefano responded that the shopping center is filling up with new businesses and that some of the signs may be permitted. He said he would check with staff to determine whether the signs were permitted. 10. INFORMATIONAL ITEMS: DCM/DeStefano announced that the City Council would hold a Town Hall Meeting in the SCAOMD/Government Center auditorium on February 25, 2003, to seek community input regarding the City's street sweeping program. As a result, the February 25, 2003, Planning Commission meeting would take place in the Hearing Board Room. The March 11, 2003, meeting involves reorganization of the Planning Commission. The Planning Commissioners Conference takes place in San Diego in March. Please advise AS/Marquez about Commissioners plans to attend the Conference as soon as possible. DCM/DeStefano advised the Commission about Stanley Cheung's pending 49 -unit project in "The Country Estates." The design has undergone recent changes that incorporate proposed grading on an adjacent piece of property that lies within the City of Diamond Bar limits and within the County of Los Angeles' jurisdiction. Recent meetings concluded that the County would not allow Diamond Bar to process that portion of the project that lies within the County's jurisdiction. Based upon the amount of grading on the County side (about 350,000 cubic yards) the project now requires approval by the Diamond Bar Planning Commission and City Council as well as, approval from the County Regional Planning Commission. Los Angeles County is also considering a number of changes to their General Plan. Under consideration are possible changes to areas west and south of the City limits (vacant land between Diamond Bar and Brea). Staff plans to ask the County to consider incorporating about 600 to 800 acres of that land into Diamond Bar. If the Council decides to explore this option, General Plan hearings would be held at the Planning Commission level with recommendations to the City Council. Further, Diamond Bar plans to ask the County not to incorporate an overlay of significant ecological area and that any such consideration only include unincorporated property. Additionally, Diamond Bar will ask the County to explore in greater detail a future Tonner Canyon bypass road as part of its circulation element. FEBRUARY 11, 2003 Page 9 PLANNING CO DCM/DeStefano reported that the Walnut Unified School Districts lookinl to surplus what maybe excess land including Site D and the vacant pro erty onrea Canyon Road between Pathfinder Road and Golden Springs Drive. 11. SCHEDULE OF FUTURE EVENTS: As presented in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commissioj�, Ruzic:ka adjourned the meeting at 8:24 p.m. 1 Attest: C firman Joe Reico F] L r