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HomeMy WebLinkAbout2/25/2003D 1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSI FEBRUARY 25, 2003 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:00 p.m. in the South Co std aAir Management/Government Center Auditorium, 21865 East Copley Drive, Diamonr, C 91765. PLEDGE OF ALLEGIANCE: Commissioner Nelson led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Joe Ruzicka, Vice Chairman Ste,, Commissioners Steve Nelson, Dan Nolan, and Jack Z Also Present: James DeStefano; Deputy City Manager; Ann Lun Planner; Linda Smith, Development Services A& Marquez, Administrative Assistant, and David l Associates. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: 3. APPROVAL OF AGENDA: Chair/Ruzicka suggested reversing the a follows: 7.2, 7. 1, and 5.1. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of February 11, 2003. VC/Tye asked that the third paragraph on page 5 of the staff report b follows: the bullet point should read "Accessing adult-oriented Interne prohibited." C/Tanaka moved, C/Nolan seconded, to approve the February 11, 20( corrected. Without objection, the motion was so ordered. ality )rnIa Tye, and ka. Asso fate int; Sella Ter, LIDM OffeId, Ja ord as correctec as sites shat be 3, minuted as 1 I I FEBRUARY 25, 2003 Page 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARING(S): 7.2 Conditional Use Permit No. 2002-15/Minor Variance No. 2002-10 (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 center in an existing shopping center. A computer services/network 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: 1119-1123 Brea Canyon Road Diamond Bar, CA 91765 PROPERTY OWNER: 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 Planning Commission approval VC/Tye asked if it was reasonable to disallow this business to open before 2:00 p.m., especially on Fridays and Saturdays. DSA/Smith responded that staff reviewed the parking analysis. This business is seeking special privileges to open in this location. When this business is added to the mix, several existing businesses would be impacted by excessive traffic. As noted during public comments on this issue, residents were concerned about going to the center in the morning and finding no parking places. DCMIDeStefano pointed out that most of the adjacent businesses have peak hour traffic and compete for parking spaces. Based upon the results of the parking study it would appear that the peak begins to end at about 2:30 p.m. freeing up the parking spaces. The applicant is agreeable to the 2:30 p.m. start and recognizes that opening his business earlier on the weekend would be good for his business. Therefore, he has requested consideration of a 1:00 p.m. or 1:30 p.m. opening time. What is --� FEBRUARY 25, 2003 Page 3 PLANNING 1 7.1 u unknown at this time is how many customers of the business come by car anc park their cars and how many customers arrive at the location via other mods of transportation. Chair/Ruzicka re -opened the public hearing. There being no one who wished to speak on this matter, public hearing. the C/Tanaka said he was concerned about the parking issue. Opening the busin ss at 2:30 p.m. seems like a reasonable compromise with respect t the ext ting businesses. C/Nolan asked if any of the adjacent businesses complained to the parking issue. DCM/DeStefano said that the only concern staff is aware of chiropractor who has an ongoing concern about parking in that cent VC/Tye moved, C/Nelson seconded, to approve Conditional Use P Minor Variance No. 2002-10, Findings of Fact, and conditions of within the resolution and that staff be given the authority, she operator so request, to review and approve different operating he Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Nolan, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Negative Declaration No. 2002-09 Pursuant to Chapters 22.58 and 2.2 of Diamond Bar Development Code, the applicant has requested Conditional Use Permit to use an existing approximate 20,140 squa building for a church. Additionally, the proposal request approval of permit less than the minimum number of required on-site parking span use. The subject building is situated on a 40,750 square foot lot that is Commercial -Manufacturing (CM) zone with a consistent underlying Land Use designation of Commercial/Office (maximum 1.0 F.A.R.' from January 28, 2003) the withl the it 2002-15 and roval as listed this business as warranted. 4 of the City 1proval c f a foot vacant Variance to for a chu ch �cated in he eneral Plan (Contin FEBRUARY 25, 2003 Page 4 PLANNING COMMISSION PROJECT ADDRESS PROPERTY OWNER: 23425 Sunset Crossing Road (APN 8706-001-008) Diamond Bar, CA 91765 Diamond Bar Properties 9454 Wilshire Boulevard, Suite 602 Beverly) Sills, CA 90212 APPLICANT: Global Mission Church 3032 Hacienda Boulevard Hacienda Heights, CA 91745 PC/Meyer presented staff's report. Staff recommends Planning Commission approval of Conditional Use Permit No. 2002-08, Variance No. 2002-03, and Mitigated Negative Declaration No. 2002-09, Findings of Fact, and conditions of approval as listed within the resolution. Mark Novak, Counsel for Global Mission Church, said he read staff's report and concurs with the conditions of approval as outlined this evening. He stated that six church members and one staff member met with adjacent residents on Thursday evening to discuss the project. Some participants expressed concern about the parking. After the meeting, only one person of the five residents attending was still not satisfied about the parking. Mr. Novak responded to C/Nelson that the self -policing would continue. In addition, the Church will follow the condition requiring four monitors as well as providing written instructions to all members, that there would be no on -street parking and that parking has to occur on-site or in areas covered by the reciprocal parking agreement that has been executed. DCM/DeStefano explained that staff needs to add a condition within the resolution that applied to all Conditional Use Permit applications to wit: 'To insure compliance with all conditions of approval and applicable codes the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operating conditions may be added." DCM/DeStefano reported that staff received an Internet -based comment earlier today, copies of which have been provided to the Commission. The email asks questions regarding Church operations. 1) Whether or not the community was accepting community input. Staff responded affirmatively and invited the writer to I1 1 1 FEBRUARY 25, 2003 Page 5 PLANNING appear at tonight's Commission meeting. 2) The author wanted to there were any planned opened forums to which the response was tt Commission was an open and public meeting giving the author an participate. 3) The writer questioned whether any of the parishioners within Diamond Point 1 to which staff responded that about 25 perce members resided in the City. 4) The writer asked if the church prof parking structure and concern about parking when LA Fitness occu Staff responded no, there is no parking structure proposed. Staff sufficient parking spaces .to accommodate the current and futu congregations. 5) Another question was whether there would be a re the facility and whether or not the facility might become a home persons. Staff responded no, it is not permitted by the City's code component of the application. Mr. Novak responded to Chair/Ruzicka that staff's proposed acceptable to the church. Chair/Ruzicka re -opened the public hearing. Greg Busch, 518 Navajo Springs Road, said he was "baffled" by I presented in staff's report. The Sunset Plaza has 113 parkin 3 handicapped spaces for a total of 116. There are five parking Kentucky Fried Chicken for employee parking. Behind the Diamond I mall) there are 21 spaces. In the front of the parking strip there are 12 and one handicapped space. On the property side there are 47 parkin one handicapped. Behind the building on the service road parallel 1 provide about seven spaces. Diagonal or perpendicular parking we additional 10 to 13. He was concerned that if parking spaces were fu allow for proper ingress/egress of emergency vehicles. There could parking spaces behind 7 -Eleven. He could not arrive at the 200 p indicated in staff's report. On the southerly side of Sunset Crossing ] Diamond Bar Boulevard and the corner of Navajo Springs Ro approximately 30-32 spaces are being used by residents of the adjac units. On the northerly side of Sunset Crossing Road between the Mol the southeast corner of Navajo Springs Road there are about 45 span approach off of Sunset Crossing Road is a small service road with one red. He objected to a ten --day notice to residents. Residents should t with the church about this situation any time. The City's attempt to pI lane at the intersection of Diamond Bar Boulevard and Sunset Cross failed. A number of injury accidents occur at Navajo Springs Ro Crossing Road. Vehicles make illegal U-turns at the club where a 1, know w it the PI, :)pportun ty to ved in the City t of the cl urch used to bL ild a ied the s ace. -It there ere size of the dential use of for hom less tnd it is rot a tion spaces and )aces beHind r shops ( trip Tking sp, Lces spaces ith rking wc uld ld gamej, an it would not e five or six king spaces )ad between 1, there are itapart nt Station d Then rth able to e. a left t g Road on Sur of kids FEBRUARY 25, 2003 Page 6 PLANNING COMMISSION present. They do the same thing at Bower Cascade. It is a safety concern with vehicles traveling down Sunset Crossing Road at 40 mph and coming over a blind hill. 368 parking spaces are demanded by code and he found less than 200 available spaces. He asked the Commission to consider all of these factors during their deliberation. Fernando Robles, 23360 Sunset Crossing Road, said Mr. Busch spoke about the same issues he raised during the last Commission meeting. He pointed these facts out -to church officials during last weeks meeting. He suggested that if they could barricade one street on the Sunset Crossing side to keep the church traffic on the Diamond Bar Boulevard side it would be safer. He is still opposed to the project due to the traffic and safety concerns. Lee Kemble, 23637 Bower Cascade Place, said he has the same concerns about parking. Based on their numbers, the church projects a growth rate of 20 people per year. They claim they have 120 members currently. At two people per vehicle, it would take 60 parking spaces to accommodate the current membership. To say that they would utilize all of the required parking within the next six years would be short. He believed that Global Mission Church should be in the building. He has no stake in the church but he does have a stake in his community. This building has not been occupied for a number of years. The property is dilapidated and will continue to diminish. At this time the City has a good organization willing to move in and meet the City's conditions and improve the property within Diamond Bar. Global Church posted a $10,000 bond to insure their compliance. The City has also imposed a 10 day notice in the event they violate the conditions. He believed the church personnel were agreeing to meet the City's conditions and he also believed the parking issue would be diminished in the process. Further, he believed that the community as a whole would be improved. Jay Chen, 17217 E. Via Drive, Chino Hills, and member of Global Mission Church. Staff was very thorough regarding calculation of required parking spaces. The gentleman who earlier spoke misrepresented the number of spaces available. There is a reciprocal parking agreement with the adjacent building that has over 180 parking spaces and 140 of those spaces are available to the church. The LA Fitness building has 50 and with modifications to the back of the building about 10 spaces would become available. All spaces provide off-street parking and would not interfere with emergency vehicles. The church has agreed to monitor traffic and vehicles would be directed out through the access street away from Sunset Crossing and toward Diamond Bar Boulevard. To that end, traffic safety should not be a --� concern. FEBRUARY 25, 2003 Page 7 PLANNING Mr. Novak explained that 15 families (about 25 percent of the membership) I e in Diamond Bar. Should the church outgrow the lot, another service ould be a ded. There being no one else who wished to speak on this matter, the public hearing. DCM/DeStefano explained that there are a variety of independent owiiers of property in the immediate area of the project. Principally, the parking that was utilized fo this land use was based upon available space for the former LA Fitne s site and the additional spaces created through re -striping of the parking area as well as, the glass box multi -story building next door, for a total of approximately 200 parking sp ces. Secondly, emergency vehicle access is available from Sunset Cros ing Road and Diamond Bar Boulevard on at least two drive -aisles. C/Nelson asked the distance of the proposed red curbing on Sunset Crossing Rbad. PC/Meyer responded that the red curbing would extend approximate) 75 to 100 feet to the north and about 50 feet on the southerly side of the drive -Isle. The red curbing is part of the refurbishment and according to PWD/Liu proN ides adeq late sightlines. C/NoIan said that the site, as it currently exists, is not what the Testimony of the current landlord was compelling. The ingress/egg satisfactorily dealt with this evening. He felt it would be difficult better suited to occupy the space in terms of hours of use. If the spa an office building, parking issues would be significant. In additio willing to add services to maintain good traffic flow. He was im percent of the membership were residents of Diamond Bar. He had the emergency vehicle access that were adequately addressed by sta C/NoIan moved, C/Tanaka seconded, to approve Conditional No. 2002-08, Variance No. 2002-03, and Mitigated Negative No. 2002-09, Findings of Fact, and conditions of approval as lists resolution with the addition of Condition No. 21. VC/Tye said that to C/Nolan's point, prior to tonight's deliberation h site would have been a great location for a library. The Commissio: faced the same issues whether the applicant was a library or real estate he appreciates about this process is being able to consider and recons uses and related challenges. Today, thinking back to his experiences w and how he would have felt if his pastor had agreed to the same conditi ty aspire to. s issues were find a tenant were deer ried the churc is °ssed that 25 incerns a out Use Pe .t Declarat on d within he felt that he would h ve )ffice. W iat der poten ial th his chu ch ns as Global FEBRUARY 25, 2003 Page 8 PLANNING COMMISSION Church, he understands the commitment of the applicant to comply with the conditions. There is no other business in town that has been asked to be so forthcoming. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, VC/Tye, Chair/Ruzicka NOES:' COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: 5.1 Conditional Use Permit No. 2002-05 Development Review 2002-07 Tentative Parcel Mau No. 2677. 1 — The proposed project is a request for approval of a Development Review, Conditional Use Permit, and Tentative Parcel Map. This would allow for the construction of a retail/commercial shopping center consisting of a three-story hotel, two freestanding restaurants, and two office/retail building pads totaling approximately 70,370 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 — Item continued from February 11, 2003) PROPERTY OWNER: Louis Marcellin 20326 Fuerte Drive Walnut, CA 91789 APPLICANT: Phil Williams (Extended Stay America) 2525 Cherry Avenue #310 Signal Hill, CA 90806 DCM/DeStefano and PC/Meyer presented staff's report. Staff recommends that the Planning Commission receive a report from staff and after consideration of the evidence presented in connection with the project proposal, adopt the attached resolutions recommending that the City Council conditionally approve Conditional Use Permit No. 2002-05, Development Review No. 2002-07, and Tentative Parcel Map No. 26771. PC/Meyer responded to VC/Tye that there would be signage at the delivery entrance on the back wall of the project facing residences. Advertising would not occur on that sign. 1 FEBRUARY 25, 2003 Page 9 PLANNING Alan Anz, applicant, and Phil Williams, Extended Stay America, I Vere pr respond to Commission questions. Mr. Anz said it was possi le that landscaping would be done at the same time. It could be phased n over accordance with the landscape plan and each parcel's development. PC/Meyer said that on the subdivision, all that is being discussed A the p landscaping. As part of the grading operation, the entire site woul be gr trees would be removed from the entire as well as, a substantial number perimeter. At that point, individual developments would take place and 12 would be installed accordingly. Mr. Anz stated that with respect to Resolution H, Condition No. 13 states Brea Canyon Road driveway should be utilized for a right turn -i right instead of a right -turn -out only. PC/Meyer said he would add "as shown on the submitted plans, out. Mr. Williams asked that the wording for Condition No. 17 be ch applicant shall make application to the water purveyor as necessary a the evidence of their submittal to the Planning Commission prior to the Building Permit." This change would allow the applicant to prod the grading work while awaiting a four-six month approval from the Water District. PC/Meyer agreedwith the request, He indicated that the applicant she City with a will -serve letter. The fire department sets the requir hydrants and fire flow. He will change the condition to read that the make an application to the water purveyor to obtain a will -serve h issuance of building permits. The applicant can grade. The buil different and fire protection must be in place before lumber is drone Mr. Anz said that with respect to Condition No. 23, the name of I nothing to do with attendance at the center. He felt it would be a ww add a name to the sign. He wanted to list his tenants instead. He felt idea to have two signs. -in and ri ;ed to: " shall sul issuanc 1 with pa alnut Va t to all in all the ape the out ht - of of ents for he plicant s all r before he Eg permii is at the sitb. center Tas of spacId o was a PC/Meyer explained that he was trying to limit the amount of advertisig on the to make it rational. He offered to show the applicant photographs f accept signage. FEBRUARY 25, 2003 Page 10 PLANNING COMMISSION VC/Tye said that this could be a sign -free center and still attract attendance. It is a destination location. He wanted to avoid sign blight. Mr. Anz said he did not totally understand the concern. He had requested three tenants plus the anchor Extended Stay America on the sign. If he had requested six tenants, that would be too many. Since there is five feet by nine feet available for each tenant, drivers should be able to see and read the sign. He did not see his request as sign blight. PC/Meyer said his suggestion would be for two monument signs with three tenants per sign if it would be agreeable to the Commission. Dave Davenport, Extended Stay America (ESA), requested that with respect to Condition No. 40 the Commission consider a language change to let the hotel reregister guests each 29 days in compliance with the 30 day rule so as to require them to continue paying Transient Occupant Taxes without having to move to another location. DCMIDeStefano said that in reviewing the condition as presented, there is room for such work with the applicant. What the condition says is that no unit shall be rented to the same tenant for a period exceeding 30 days, so it does allow for a tenant to move from unit to unit. It further says that unless specific provisions are made pursuant to a written agreement with the City, which would be the logical next step. That is, to write an agreement that would allow for the transfer of the tenant to the satisfaction of the City in language that would be agreeable to both parties upon the approval of the City's attorney. He believed the condition as written provided the required flexibility. Mr. Davenport said it is unacceptable to ESA to have to move a guest from one room to another and it is not a practice that has been required in the state of California. A number of city attorneys bave reviewed language and come up with language that allows ESA for no break in the Transient Occupant Taxes (TOT.). ESA is happy to make certain the City continues to get its TOT., a common practice throughout the state. On faith, he trusts that a written agreement can be structured with staff that will allow ESA to operate as it currently operates throughout the state. There is no chance that this or any other ESA facility would operate as anything other than a hotel. This property is conditioned as a botel, not an apartment. DCM/DeStefano questioned the speaker about what percent of the ESA rooms are typically leased to people for more than 30 days in this region. El, FEBRUARY 25, 2003 Page 11 PLANNING Mr. Davenport was unable to give precise percentages for the immediate area The range is from two to eight percent with six to seven percent being t icaI. In other words, six to seven percent of the annual population would stay at a specific prc perty for more than 30 days. The average length of stay tends to be about 21 days. C/Nolan recalled from the initial testimony that 3 percent was the figilre for resi ents who occupied rooms for more than 30 days. He asked about th matter f the number of vehicles in the queuing lane for Wendy's and the delive hours. PC/Meyer pointed out that the second graphic provided by the applicant sho s the number of vehicles that would be queued for the drive-through restaurant. The loading space close to the northerly end of the building should be relocated to the south, the area where the loading takes place in the building. C/Nolan felt that it was common practice for cities to limit the hou4of delive to mitigate noise and traffic, a concern of neighboring residents and mmissio ers. He would prefer to restrict delivery hours to the morning hours of prior to 5:00 a.m_ or after 10:00 a.m. so as not to interfere with commute traffic subje t to the t ffic patterns of the area. DCM/DeStefano explained that many fast food restaurants take deliv non -peak hours in order not to disrupt their operation and make it in customers to ingress/egress. To some extent it is a self -policing mai operation backs up to the freeway, it would be more injurious to thei: to residents for them not to adhere to that practice. Since staff is not y the operation of the known and unknown tenants, it would be best matter with each tenant as they become available to staff. In or, C/Nolan's concerns, the Commission could direct staff to determi hours of delivery to reduce traffic congestion and potential cont residential neighborhood. C/Nelson moved, VC/Tye seconded, to adopt the resolution recom Council conditional approval of Tentative Parcel Map No. 26771. Mc the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ry during:heir onvenie for er. Since this business han familiar ith o discus the er to adc ress with I the ;ity [by FEBRUARY 25, 2003 Page 12 PLANNING COMMISSION C/Nelson moved, VC/Tye seconded, to adopt the resolutions recommending City Council approval of Conditional Use Permit No. 2002-05 and Development Review No. 2002-07. AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None b. OLD BUSINESS: None 8. PLANNING COMMISSION COMMENTS: C/Nelson commended PC/Meyer, staff and other parties involved in taking the Commission through the last item. He felt the level of information and anticipation of information necessary to make an informed decision was outstanding. He thanked them for their help and leadership. Chair/Ruzicka concurred. 10. INFORMATIONAL ITEMS: DCM/DeStefano announced that currently there are no items for deliberation scheduled for the March 11 meeting except for the matter of Commission reorganization. DCM/DeStefano referred the Commission to the working draft telephone list of new City Hall telephone numbers and explained the process for switching to the new numbers. DCM/DeStefano stated that staff provided a copy of a letter to the County yesterday regarding preparation of an EIR for their General Plan changes. DCM/DeStefano updated the Commission on the Jerry Yeh five -unit and Jewel 27 -unit Stanley Cheung projects. DCM/DeStefano responded to VC/Tye that the Commission's reorganization could take place at the March 25 meeting if there were no other matters before the Commission on March 11. The Commission concurred to postpone the March 11 meeting due to lack of quorum and postpone the reorganization to March 25. 11. SCHEDULE OF FUTURE EVENTS: As presented in the agenda. FEBRUARY 25, 2003 Page 13 PLANNING ADJOURNMENT: There being no further business to come before the Planning Commission, Charman Ruicka adjourned the meeting at 9:23 p.m. Attest: c Chairman Joe„ic a 1 Jas DeStefaho Deputy City Manager