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HomeMy WebLinkAbout5/27/2003MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 27, 2003 CALL TO ORDER: Chairman Tye called the meeting to order at 7.05 p.m. in the South Coa Management/Government Center Auditorium, 21865 East Copley Drive, Diamond 91765. PLEDGE OF ALLEGIANCE: Commissioner Tanaka led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Steve Tye; and Commissioners Steve and Jack Tanaka. Vice Chairman Dan Nolan was excused. Also present: James DeStefano, Deputy City Manager; Ann Planner; Linda Smith, Development Services As Marquez; Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Approval of May 13, 2003, Regular Meeting minutes. C/Ruzicka moved, C/Tanaka seconded, to approve the May 13, presented. Without objection, the motion was so ordered with absent. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 1 t Air Sar, C iiity rnia ; Joe Ruzi ka; gu, Associate nt; and S1 ella "one Offe d. , minutes as MAY 27, 2003 Page 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 Development Review No. 2002-34 (Pursuant to Code Section 22.48.020) is a request to construct a 31,050 'square foot single -story building to be utilized for medical services-clinic/labs on a vacant lot in the Gateway Corporate Center. (Continued from April 22, 2003) PROJECT ADDRESS: 1336 Bridge Gate Drive (Lot 18, Tract 39679) Diamond Bar, CA 91765 PROJECT OWNER: Kaiser Foundation Health Plan, Inc. 393 W. Walnut Street Pasadena, CA 91188 APPLICANT: Nancy Burke` 393 W. Walnut Street Pasadena, CA 91188 DCM/DeStefano reported that this was a noticed public hearing for the Commission to consider a new building within the Gateway Corporate Center for Kaiser Permanente. Kaiser has sent a letter to the City indicating they wish to withdraw their project at this time while they work out some architectural and site planning details with the Gateway Corporate Center. Therefore, staff requests that the Planning Commission receive and file this matter. When the applicant submits new plans and drawings to the City, staff will reschedule the matter for the Commission's consideration. 8. PUBLIC HEARINGS: 8.1 Development Review No. 2002-16 (Pursuant to Code Section 22.48.020.a.1) is a request to construct a two-story, single-family residence with portico, balconies, covered patio, pool bath and garages totaling to approximately 15,546 gross square feet. The request also includes pool/spa, BBQ, tennis court, and a series of retaining walls with an exposed height varying to a maximum of six feet. PROJECT ADDRESS: 2001 Derringer Lane Diamond Bar, CA 91765 1 MAY 27, 2003 8.2 PROPERTY OWNER: APPLICANT: Page 3 PLANNING 00MMISMON Vinod Bhatia 56 Westbrook Lane Pomona, CA 91766 Pete Volbeda 615 N. Benson Avenue #D Upland, CA 91786 AssocP/Lungu presented staff's report. Staff recommends Plan: approval of Development Review No. 2002-16, Findings of Fact, approval as listed within the resolution. Pete Volbeda, project architect, said this project has gone through a cc revisions. The owners would have preferred to have the house more V street, but it was not possible. With the resulting design, most of the J are not visible from the street, a benefit to the surrounding neighborlic house situated on a large piece of property. He felt the design fit tr neighborhood very well. He and the property owners agree with staff approval. Chair/Tye opened the public hearing. There being no one present who wished to speak on this matter, public hearing. C/Tanaka moved, C/Nelson seconded, to approve Deve No. 2002-16, Findings of Fact, and conditions of approval as resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Ruzicka, NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Nolan No. 2003-07 (Pursuant to Code Sections 22.48, 22.56 and 22.68). 1 requests approval of plans to remodel and construct an approximate 1,2z addition and covered patio to an existing 2,333 square foot one-story: residence with covered patio and three car garage. Additionally, 1 nditiods of e of de ign le from the ening NA alls It is a 1 ge zrroun ing nditio of within square MAY 27, 2003 Page 4 PLANNING COMMISSION requests approval of a Minor Conditional Use Permit to allow for the continuation of a legal non -conforming distance of approximately 14 feet between structures on adjoining parcels. PROJECT ADDRESS: 1609 Ano Nuevo Diamond Bar, CA 91765 PROPERTY OWNER/ Tony Maese APPLICANT: 1609 Ano Nuevo Drive Diamond bar, CA 91765 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-04 and Minor Conditional Use Permit No. 2003-07, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Tye asked if the 1,242 square feet included the covered patio area. In addition, there is no permit on file for the existing patio cover. However, it appears on the assessors' records. DCM/DeStefano responded that it is possible there was a permit and that it was miss - filed or lost in the transition of records from Los Angeles County to Diamond Bar. Tony Maese indicated to Chair/Tye that the 1,242 square feet includes the covered patio. He read staff's report and concurred with the conditions of approval. When he purchased the house in 1988 the patio was there. DSA/Smith was somewhat confused about why the patio was on the assessor's record and said he may have to obtain a permit. He said he would like to keep the hedges five feet high because it obscures his front yard. The hedges were there when he moved in, his neighbor likes them and he keeps them trimmed. He has never received a complaint about the hedges. The conclusion referred to the possibility of obtaining a geological report. Although the property has hillside area, it is natural hillside and not a fill. He said the remodel would take. place only on the existing pad. DCM/DeStefano stated that the City has a requirement limiting the height of a hedge in the front yard. It also limits the size of a wall within the front yard setback. When the City reviews a project it looks to bring the property into compliance in all aspects of the municipal code. In order for the PIanning Commission to permit the hedge to 1 1 I MAY 27, 2003 Page 5 PLANNING CIOMMISftN remain above 42 inches it requires a Variance that is not on tonig addition, on page 9 of the resolution, the applicant is asked to submit required. The Building Official will decide whether or not it is reqs the project. The first priority is the safety of the residents and the p integrity of the structures being created. Mr. Maese agreed with the item regarding the soils report. He read it no problem with it because if it affects the safety of the area he woul problem. Regarding the hedge, he will do what he has to do so that t1- hedge would have no bearing on the project. DCM/DeStefano explained to Chairfrye that staff could deal with a 1 request for a five and one-half foot hedge. If he wanted the hedge to feet high he would have to request a Variance requiring another hearing before the Planning Commission. He felt the expense would effort. However, it was the homeowner's decision. Chair/Tye opened the public hearing. There being no one present who wished to speak on this matter, public hearing. 's agen . In soils report, if :ed to su port per struc ural prong. He has not want any matter o the for Vari nce six or sc ven ticed public be worth the ie closed the C/Ruzicka stated that in view of the applicant's acquiescence, he move for Commission approval of Development Review 2003-04 and Minor C nditi Permit 2003-07, Findings of Fact, and conditions of approval as listed. C seconded the motion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Nolan 8-3 Conditional Use Permit No, 2003-01 (Pursuant to Code Sectior 22.10.030 — Table 2-6), is a request to provide entertainment and a bar i with an existing restaurant identified as Scribbles Grille. PROJECT ADDRESS: 245 Gentle Springs Lane Diamond Bar, CA 91765 22.58 MAY 27, 2003 Page 6 PLANNING COMMISSION PROPERTY OWNER: APPLICANT: P.N. Patel Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91741 Raj Astavakra 6226 N. Calera Avenue Azusa, CA 91702 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Conditional Use Permit No. 2003-01, Findings of Fact, and conditions of approval as listed within the resolution. C/Tanaka asked what kind of security measures the applicant would provide. AssocP/Lungu referred C/Tanaka to the resolution section that stated "the applicant ~— shall provide the appropriate security measures associated with this permit and as required by the City." C/Tanaka asked about the discrepancy regarding the hours of operation and sale of alcoholic beverages. AssocP/Lungu said the hours could be added to the resolution. Chair/Tye asked for clarification of the fifth and last bullet points on page 3. In particular, would music be allowed on the outside patio? Raj Astavakra, offered support that the legacy left behind by the Platinum Club would not be in any way shape or form if we establish Scribbles Grille. He understood the City to have numerous problems with adding the Platinum Club and the parking structure, the loitering of people, none of these activities going on. They shall not be there. It's going to be upscale dining with a jazz band playing. Last call is at 12:00 midnight. We kept it at 1:00 a.m. so that patrons could finish their drinks and have a cooling off period before leaving the restaurant. There will be no D. J. music or any dancing except for private events if they want to dance — like graduation parties or things like that. Otherwise there will be no dancing at all. Not even to the jazz band music. It is just going to be for entertainment purposes only. 1 u 1 MAY 27, 2003 Page 7 PLANNING C/Tanaka asked Mr. Astavakra what is the room capacity for the bara d for the upstairs. Mr. Astavakra responded that the capacity for the upstairs room is 55-90 sitting at one time in the banquet room. The bar has a 125 person capcity in the patio area. Chair/Tye opened the public hearing. There being no one present who wished to speak on this matter, public hearing. Chair/Tye asked if the project was conditioned to prevent prior at the premises. DCM/DeStefano explained that this is a different application and a nu have occurred since the Planning Commission considered another app location a few years ago. That applicant for that project ultimatel, practically all of the requirements that the Sheriff's Department and Fi required for the operation that they were conducting. As a result, I requirements have carried over to this project. This project may be sli and that is why the Fire Department will be taking a cursory lo( operation. This is not labeled as a nightclub and it is not proposed such, as was the former project. Therefore, staff does not see the sa have attempted to write a variety of conditions that limit the activity t others that were mentioned. In addition, the Planning Commis testimony from the applicant about what the activity would be. Stal conditions are in place to protect the City from the problems asso& previous operator. Should issues come to staff's attention i.e., neighborhood, condominium owners concerned about noise and de where they should not be, etc., would be brought to the Commission's a modification process. Likewise would be non-compliance with fi requirements, building and safety requirements and issues related to ca to the sheriff's department. At this point, staff believes the City will nc with those kinds of issues. However, should they arise, the Commi ability to review the matter and to either change the operating conditi, the permit. N the fiber of th' gs ration for Lhiq incorporated Departrneni any oft se fitly diffei ent at the r ew o activatt as le issues nd the D.J. d on received believes he Led with he ioise in the s for ser have to , ;ion has is or rev MAY 27, 2003 Page 8 PLANNING COMMISSION DCM/DeStefano responded to Chair/Tye that this project is much further along than the prior project was when it received its approvals. There are a few items remaining for the applicant's compliance, but staff does not see the same kinds of issues that haunted the prior project. Also, the County business licensing had a number of staffing issues that occurred with the previous application that reeked havoc with the process. Those issues have not occurred since. DCM/DeStefano responded to C/Tanaka's concern about appropriate security measures. If the Commission wished to do so it could change the condition to be more specific in its verbiage and would involve a discussion between staff and the City's team lieutenant to determine the most appropriate means of providing security for this project. This project requires a business license from L. A. County and there may be additional conditions related to security. Chair/Tye asked Mr. Astavakra to return to the speaker podium. Chair/Tye asked Mr. Astavakra if he understood staff's conditions and was in agreement with those conditions. Mr. Astavakra responded "that is true, sir." He said he had already applied for the entertainment business license from the County of Los Angeles and that it was approved. However, the security guard will be provided to the restaurant on Fridays and Saturdays, depending on the makeup and number of customers. He has not yet begun advertising pending the Planning Commission's approval. With the Commission's approval he will begin advertising for the live band and the alcoholic permit. Chair/Tye noticed that the floor plan was provided on Rangoli letterhead. He asked Mr. Astavakra if he operated that restaurant also. Mr. Astavakra responded, yes. Chair/Tye said, "so you know a thing or two about operating a restaurant." Mr. Astavakra replied "that is correct, sir." Chair/Tye thanked Mr. Astavakra. 1 MAY 27, 2003 Page 9 PLANNING CIOMMISSIION DCM/DeStefano reminded Chair/Tye about Condition (i) and the q hours of sales and consumption for alcoholic beverages. The Comr, to amend the condition so that the first sentence would remain second sentence would be added to wit: "No alcoholic beverages s 12:00 midnight." C/Ruzicka said that in view of the discussion and taking into account agreement with this evening's additional discussion on conditions following motion. That the Planning Commission approve condition No. 2003-01, Findings of Fact and conditions of approval as list resolution including the suggested changes to page 5 Condition (i) tha beverages shall be sold after 12:00 midnight." C/Tanaka seconde Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Ruzicka, NOES: COMMISSIONERS: None ' ABSENT: COMMISSIONERS: VC/Nolan Chair/Tye thanked Mr. Astavakra for opening his restaurant in City appreciates his business. 9. PLANNING COMMISSION COMMENTS: C/Ruzicka state recent discussions regarding amendments to the Development Code, one of landscaping on the City's slopes. In a discussion with a couple of officials f district, he was told that Federal grants were available to cities for planting plants on the slopes. He asked that staff take that issue into account whet landscaping of slopes. DCM/DeStefano said staff was not aware of grants for landscaping but was grants for creation of development standards. Staff will further research the p noticed over the weekend that a good portion of the major slope across from L School was landscaped. C/Ruzicka said that Sunset Magazine has a feature on "water -wise gardening fe 10. INFORMATIONAL ITEMS: DCM/DeStefano said his advice would t the SR 57 between 9:00 p.m. until 5:00 a.m. starting Wednesday, or just about ; for the next week between 9:00 p.m. and 6:00 a.m. CalTrans will place 1a ;tion aboL t the cion may ant written aid a I be sold fter le appllc` Is he made the 11 Use Pe t d within the "no alco lic the mo on. :. . that du he items am the w f native t planning to not d .v other MAY 27, 2003 Page 10 PLANNING COMMISSION barriers in the freeway as they work toward major improvements. Over the next week the freeways would be practically shut down with many ramps closed. Chair/Tye wondered if CalTrans would adhere to the 5:00 a.m. opening. Yesterday he witnessed Golden Springs Drive backed up at least a mile. DCM/DeStefano said be was not aware of any CalTrans activity this morning. The entire issue of freeway and ramp closures will be very delicate for all of D.B. residents because the streets will become even more congested. Staff will be meeting with CalTrans officials on a regular basis to discuss the construction process and what can be done to mitigate traffic on the City's streets. Chair/Tye said that three or four lanes of traffic traveling at speeds of 55 or 65 mph cannot be channeled onto two lanes through town going 40 mph with half a dozen stop Iights in between. Was there any consideration given to traffic direction other than the regular operation of the signals such as having deputies in place to override the signals and direct traffic at intersections? DCM/DeStefano responded that the City might have to do that. Although such discussions have taken place, there are no formal plans in place to have that type of mitigation. The City does not yet know when and where the crunch would occur. DCM/DeStefano reported that last week staff and Council Members attended the International Counsel of Shopping Center Developers Conference in Las Vegas. Among other things, the group worked specifically on a project that is proposed to take place at the Calvary Chapel site. Contemplated for the area is a 14 -acre project that would have a bigger box and a group of restaurants and stores. The two bigger -box candidates are Target and Home Depot. Only one can fit on the site. The leader is Home Depot but it could go either way. The idea is for the restaurants to be upscale, not fast food. The retail stores are intended to be businesses requested by residents for a number of years. This is an opportunity that did not exist for Diamond Bar just six months ago. He anticipates the project would come to the Planning Commission for consideration toward the end of this year. At that point, he believed that Calvary Chapel would then sell the 14 -acres to Lewis Homes and Lewis Retails, a significant builder of retail product in Southern California and Nevada. The parking spaces used by the church will be relocated to a parking structure and the church would move its sanctuary to a freestanding structure. Because Lewis has a substantial housing division, they will propose that about 200 condominiums be developed on the flat pad, the so-called Citrus Valley Health property hospital site. Staff is working on acquiring a 1 1 MAY 27, 2003 Page 11 PLANNING COMMISION two -acre piece of property from Lewis who is in escrow to purchase the prope rty from C itrus Valley so that the City can follow through on a contractual agreement to retai a major ales tax producer by providing a site. The Planning Commission will look at a p oject that will incorporate about 50 acres of ground, General Plan changes, zone changes, specific pIan, development reviews — similar to the Walnut Valley Trailer property but on grander E Gale and one that is more suitable for a specific plan process. This is an opportu ity to generate significant sales tax for the City, fill voids and reduce the amount of sales tax leakage to other cities. Prospective retail clients love the demographics of Diamond Bar The pro lem the City has had attracting retail is the lack of land. DCM/DeStefano further stated that the second site that the group was promoting at the conference was Site D on behalf of the property owner. In this case, the school districl did not want to be contact and asked him to be the contact. The school district Glared Si e D surplus property but had not yet put it out into the marketplace. The school distri t is interested in the highest return possible on the sale of the property. The school dis 'ct considers Site D to be residential property. The City considers Site D to be cor imercial/ritail property. The City is moving forward with the concept for a retail center bec se it presents an opportunity to create a new grocery store and other goods and services fort e south en d of town and to pull people from the freeway. Site D is about 27 acres but a lot of1ground is lost in slopes leaving about a 20 -acre project site. Site D is the site of second Choie. It may e a year or longer before any project comes to fruition at this site. ', t r DCMII)eStefano stated that finally, the group was also pushing, with the owner's perrrliss on, the Walnut Valley Trailer site. This site gained a lot of interest with similar kinds of uses such as freeway -oriented uses (fast food, lodging, etc) and not so much on the boxes and sit- down restaurant side because they do not like the single access. The propelly owner has decided to hold the property for about another year before embarking on anther proj t. That would probably depend on the property value and kinds of offers he recrives. C/Tanaka asked if there were sites not currently being considered that wouldadcommole a sports complex. II DCM/DeStefano responded that there is no suitable property in the City. What is left lies on the City's perimeter and would likely occur in that area. It could occur on Sitt D but Site D is seen as retail opportunity and revenue generator to pay for programs and services plan cd over the next several years. MAY 27, 2003 Page 12 PLANNING COMMISSION -- Chair/Tye asked DCM/DeStefano if having Home Depots in Pomona and City of Industry would present a problem to D.B. He thought a Target was planned for Grand Avenue and Valley Boulevard in Walnut. DCM/DeStefano assured Chair/Tye that it is not a problem for Home Depot. He has had numerous conversations with the western real estate developer for Home Depot and has seen documents that tell him it is not a problem. It could take business from Pomona. Puente Hills is overcrowded. The Brea store has a different merchandise line that caters to a different audience. According to the Home Depot people a Diamond Bar outlet would do very well and that is why they want to be in this location. Target is a little different. They are not at all concerned about hurting themselves and would look forward to taking what is left of the Kmart store as well as capturing new customers that shop Target and do not shop Kmart. He also spoke with the national real estate director for Target who is not afraid of this site and will be submitting a written offer to the developer to locate a store there. In both cases, they believe that Diamond Bar will produce above-average earnings for them and for the City because of Diamond Bar's geographical location and demographics. A few years ago there was a proposal to build a Target in Walnut that was approved and ultimately lost as a result of a citizen lawsuit and the project was ultimately abandoned. Chair/Tye asked if development of Site D would put the final nail in the coffin of the Country Hills Towne Center? DCM/DeStefano responded that it could. If Diamond Bar were successful in attracting a major grocery store to the center it would be a real shot in the arm for the center. Unfortunately, the City is not having any luck finding anyone who wants to be in that outdated center. If Site D became a theater center, it would have different kinds of impacts on Country Hills Towne Center. He felt that 10-15 years from now, the center could be a mixture of multi -family and small neighborhood commercial -retail center. 10. SCHEDULE OF FUTURE EVENTS: As presented in the agenda. MAY 27, 2003 Page 13 PLANNING OMMI ION C/Nelson pointed out that there were no agenda items scheduled for the J ne 10 PI nning Commission meeting. DCM/DeStefano concurred that the Commission wold likely dark on June 10. ADJOURNMENT: There being no further business to come before the Commission, Chairman Tye adjourned the meeting at 8:32 p.m. Attest: ( Iry IV Chairman Steve Ty f 1 Respectfully Submitted, James DeSti Deputy City