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Home My WebLink About8/12/20031 1 1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 12, 2003 CALL TO ORDER: Chairman Tye called the meeting to order at 7:02 p.m. in the South Coast Air OL Management/Government Center Auditorium, 21865 East Copley Drive, Diamond California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Nolan led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Steve Tye; Vice Chairman Dan Nolan; Commissioners Steve Nelson; Joe Ruzicka; and Jack Ta Also present: James DeStefano, Deputy City Manager; Linda Development Services Assistant; Lorena Godinez, f Intern; and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Approval of July 22, 2003, Regular Meeting minutes. Chair/Tye asked that the minutes be corrected to reflect his absence that the Attest be corrected to indicate Vice Chairman Dan Nolan at the of Page 8. C/Ruzicka moved, VC/Nolan seconded, to approve the July 2003, minutes as corrected. Motion carried by the following Roll Call vc AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: Ruzicka, Tanaka, VC/Nolan None Nelson, Chair/Tye on ..., ng AUGUST 12, 2003 5. OLD BUSINESS: 5.1 Sion Regulations Page 2 PLANNING COMMISSION DCM/DeStefano announced that this item would be discussed at the Adjourned Regular Meeting on August 13, 2003, at City Hall, 21825 E. Copley Dr. NEW BUSINESS: 6.1 2002 General Plan Annual Repo . DCM/DeStefano presented staff's report. Staff recommends that the Planning Commission recommend City Council approval for filing of the 2002 General Plan Annual Report. C/Ruzicka asked for grammatical corrections: Change 50 to 500 on page 2, third paragraph under Land Use should read "a banquet room that will accommodate 500 (instead of 50) for dining; "Under Housing, first paragraph, fourth line, "continues to offer (eliminate "s"); page 4, third paragraph, second to last line "free of charge' (instead of free of change). Under Public Health & Safety, second paragraph, "Uniform Building Code continues to mandate (rather than mandates); page 6, fourth line, "Additionally, in the year 2002, slurry seal for residential neighborhoods was completed in Area 4 which is one of the..." (instead of in); Public Services & Facilities, last paragraph on page 6 "Construction of the new Community/Senior Center .... and provide opportunities for the community "without regard to" age (instead of "no matter age). VC/Nolan suggested that page 6, line 14, should read "In 2002 the City implemented striping modifications to Diamond Bar Boulevard" (instead of stripping). VC/Nolan asked if the First Time Home Buyer program included condominiums. DCM/DeStefano responded that the program includes single family homes only. 1 1 AUGUST 12, 2003 Page 3 PLANNING DCM/DeStefano confirmed to VC/Nolan that the General Plan chages recommended by the Planning Commission at the end of 2002 wer not made because the trailer park project was withdrawn. The Planning Commission unanimously concurred to approve the 4002 General Plan Annual Report with changes and forward the document tthe City Council for review and approval. 7. PUBLIC HEARINGS: 7.1 Development Review No. 2003-14 (pursuant to C ode Sections 22.48.020(A) is a request to construct a two story, single family residence of approximately 11,358 gross square feet including balconies, porch, attached four car garage and two site retaining walls with a maximum exposed height of six feet and forty-two inches. PROJECT ADDRESS: PROPERTY OWNER 3068 Windmill Drive (Lot 5 of Tract No. 48487) Diamond Bar, CA 91765 Windmill Estates, LLC 3480 Torrance Blvd. #300 Torrance, CA 90503 Pl/Godinez presented staff's report. Staff recommends Plan ing Commission approval of Development Review No. 2003-14, Findings ofact, and conditions of approval as listed within the resolution. Kurt Nelson, applicant, said his firm reviewed staff's report and concurs the conditions of approval. C/Nelson asked Kurt Nelson if his firm was responsible for the p palate for landscape of his properties. Mr. Nelson responded yes. The CC&R's for all of the Windmill Estates, LLC tracts including the proposed project under review specifically p�rohibitthe list of invasive plant species that go back to the original concerns about the SEA when the first phase was approved by the City Council. Furthers they p rot iibit any intrusion into the natural area. He serves on the architectural review committee for all associations in their tracts and he reviews all (projects ith respect to Diamond Bar issues re Tonner Canyon and its vegetation. AUGUST 12, 2003 Page 4 PLANNING COMMISSION Chair/Tye opened the public hearing. There being no one present who wished to speak on this matter, Chair/Tye closed the public hearing. C/Ruzicka moved, C/Nelson seconded, to approve Development Review No. 2003-14, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Nelson, Tanaka, VC/Nolan Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2003-12 and Minor Conditional Use Permit No. 2003-10 (pursuant to Code Sections 22.48.020, 22.56, and 22.42.080(3)) is a request for an intensification of land use in the commercial center's retail suites to a restaurant use with outdoor dining ("It's A Grind"). PROJECT ADDRESS PROPERTY OWNER: APPLICANT: 1121/1123 Diamond Bar Boulevard Diamond Bar, CA 91765 Diamond Bar/Grand LLC 2717 West Coast Highway Newport Beach, CA 92663 Sunmin Won 364 E. Trabuco Canyon Brea, CA 92821 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-12 and Minor Conditional Use Permit No. 2003-10, Findings of Fact, and conditions of approval as listed within the resolution. C/Tanaka said that as more businesses request variances and tend to encroach on the parking structures, what happens to parking for the overall center? J 1 AUGUST 12, 2003 Page 5 PLANNING DSA/Smith explained that the City looks at each business on a case-by-case basis. Each project includes a review of the overall parking for the ce iter. Taco Factory, for instance, eliminated parking spaces. This project doe not eliminate parking spaces. So far, parking has not reached capacity or iear capacity in this center. C/Ruzicka asked how long the space was vacant. DSA/Smith explained that the space currently occupied by the Itravel agency is being vacated. In addition, the nail shop is leaving the center. C/Ruzicka asked if clientele would be served by employees or purchase food items inside and move outside to the seating area? DSA/Smith understood that patrons would purchase food items i restaurant and proceed to outside seating. Chair/Tye asked if the dining tables could be placed against the wall leaving the sidewalk area open. DSA/Smith responded that what Chair/Tye outlined is recommendation absent the wrought iron. Chair/Tye asked if the Commission could waive physical confine eliminating the wrought iron? DSA/Smith responded "yes." DCM/DeStefano explained that absent a defined area, there) would b open seating arrangement that could be more consistent with ,'The Cot Hills Towne Center' food court. If the wrought iron were removed, t would be more walking space. However, you would lose the defined sl and some problems could result. If the tables and chairs were confined 1 identifiable area, violations would be easily detected. The tables and cl could be moved closer to the building glass as long as there is an adeq path of travel that meets the building code requirements — about a four wide area. the by by an ntry an irs AUGUST 12, 2003 Page 6 PLANNING COMMISSION Toby Foreman, LLC, speaking on behalf of the applicant, explained that the applicant would agree to move the tables to the glass side creating a walkway toward the parking lot. The objective is to create an attractive space for patrons and the center. Mr. Foreman responded to Chair/Tye that he would prefer not to have the wrought iron in place. Alternatively, the applicant could place planters at the curb to define the space and create a more pleasing ambiance. Mr. Foreman assured VC/Nolan that it was acceptable to the applicant to have tables on the Grand Avenue side away from the glass and tables on the Diamond Bar Boulevard side against the glass. Chair/Tye opened the public hearing. There being no one present who wished to speak on this matter, Chair/Tye closed the public hearing. C/Ruzicka moved, VC/Nolan seconded, to approve Development Review No. 2003-12 and Minor Conditional Use Permit No. 2003-10, Findings of Fact, and conditions of approval as listed in the resolution in accordance with the applicant's wishes with the addition of a condition that provides a final review by the City's Building Official to insure that code requirements are met. C/Tanaka wanted staff to work out the details and present the item to the Commission at a later date for consideration. C/Nelson was concerned about what would prevent customers from turning the tables into seating for four on the pillar side thereby reducing the pass through foot traffic area. Using overhead graphics, DCM/DeStefano explained the possible configurations and requested Commission confirmation of changes to be incorporated in Condition (r) on Page 8 (revisions to the outdoor dining plan). AYES: COMMISSIONERS: Ruzicka, VC/Nolan, Nelson, Chair/Tye NOES: COMMISSIONERS: Tanaka ABSENT: COMMISSIONERS: None AUGUST 12, 2003 Page 7 PLANNING COMMISSI 7.3 Development Review No. 2003-16 and Minor Conditional) Use F No. 2003-11 (pursuant to Code Sections 22.48.020, 22.56, 22.42.080(3)) is a request for an intensification of land use in a comn center's retail suite from a take out use to a restaurant use land of dining ("Cold Stone Creamery.") PROJECT ADDRESS: 1127 Grand Avenue Diamond Bar, CA 91765 PROPERTY OWNER: Diamond Bar/Grand LLC 2717 West Cost Highway Newport Beach, CA 92663 APPLICANT: Cold Stone Creamery, Ken 'Hamilton 1127 Grand Avenue Diamond Bar, CA 91765 ' DSA/Smith presented staff's report. Staff recommends Plani Commission approval of Development Review No. 2003-16 and M Conditional Use Permit No. 2003-11, Findings of Fact, and condition approval as listed within the resolution. Ken Hamilton, owner, Cold Stone Creamery, stated he would comply staff's recommendations. Mr. Hamilton responded to VC/Nolan that he was initially unaware outside seating was not allowed. Therefore, he has committedlto the rei process. ling nor of ith Mr. Hamilton indicated to Chair/Tye that he has one table. Thee is suffi ient access and lobby width for people and wheelchair access. He could accommodate one additional table in the space toward the front of the sl re. With respect to wrought iron, he would comply with the condition of approval. He would prefer to incorporate something more' attractiv , if possible. Chair/Tye opened the public hearing. There being no one present who wished to speak on this matter, Chair/Tye ' closed the public hearing. AUGUST 12, 2003 Page 8 PLANNING COMMISSION C/Nelson moved, C/Ruzicka seconded, to approve Development Review No. 2003-16 and Minor Conditional Use Permit No. 2003-11, Findings of Fact, and conditions as listed within the resolution. Chair/Tye asked that the motion be amended to strike the requirement for wrought iron and direct staff to work with the applicant to arrive at an acceptable alternative that is aesthetically pleasing and consistent. C/Nelson and C/Ruzicka accepted the amendment. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, VC/Nolan, Chairrrye NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: None 7.4 Conditional Use Permit No. 2000-03(1) (pursuant to Code Section 22.66.060(2)) is a request to modify the existing permit to add 1,300 square feet from an existing adjoining retail suite to be used for the Montessori Elementary School and to convert the existing elementary classroom to child day care use. PROJECT ADDRESS PROPERTY OWNER 23555 Palomino Drive Diamond Bar, CA 91765 AP Diamond Bar LLC 12383 Lewis Street #200 Garden Grove, CA 92840 APPLICANT: Diamond Bar Montessori Academy 23555 Palomino Drive Diamond Bar, CA 91765 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Conditional Use Permit No. 2000-03(1), Findings of Fact, and conditions of approval as listed within the resolution. Tige and Christy Licato, owners, concurred with staff's conditions of approval. 1 C 1 AUGUST 12, 2003 7.5 Page 9 PLANNING COMMISS Mr. Licato responded to VC/Nolan that construction of the computer lab was delayed due to lack of funding. They intend to commence construction within the two-year timeline. In response to C/Tanaka, Mr. Licato indicated current enrollment is 98 in accordance with original CUP licensing requirements. Chair/Tye expressed his appreciation for the school and its! requests for expansion. Chair/Tye opened the public hearing. Chris Perhatch commended the Licatos on their project. Chair/Tye closed the public hearing. C/Ruzicka moved, C/Tanaka seconded, to approve 2000-03(1), Findings of Fact, and conditions of approval as listed within the resolution. M tion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, Nelson, VC Nola Chair/Tye NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: None Conditional Use Permit No. 2003-04 (pursuant to Code Section 22.58) is a request for approval of an exercise facility for women identifiel as Contours Express in an existing shopping center. PROJECT ADDRESS: 968 North Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Beal Bank 6000 Legacy Drive Plano, TX 75024 APPLICANT: Suzette Douglas 4195 Chino Hills Parkway 58 Chino Hills, CA 91709 AUGUST 12, 2003 Page 10 PLANNING COMMISSION DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Conditional Use Permit No. 2003-04, Findings of Fact, and conditions of approval as listed within the resolution. Suzette Douglas, applicant, said she read staff's report and concurred with conditions of approval. Chair/Tye opened the public hearing. There being no one present who wished to speak on this matter, Chair/Tye closed the public hearing. C/Ruzicka moved, C/Nelson seconded, to approve Conditional Use Permit No. 2003-04, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AxES: COMMISSIONERS: Ruzicka, Nelson, Tanaka, VC/Nolan Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS: Chair/Tye said it was exciting that so many businesses were interested in locating and expanding in Diamond Bar. He hoped to see everyone at the last 2003 Concerts in the Park tomorrow evening. 9. INFORMATIONAL ITEMS: 9.1 DCM/DeStefano asked that two Commissioners to serve on a Home of the Month or Business of the Month recognition subcommittee to reward those who maintain a high quality landscape maintenance of their properties. Chair/Tye recommended C/Tanaka and VC/Nolan. DCM/DeStefano reported that the August 25 dinner with the City Council has been canceled. Two dates for further consideration are September 15 or September 29. DCM/DeStefano reported that other than tomorrow night's adjourned meeting, the only item scheduled for the August 26 meeting is consideration of sign code changes to the development code. Development Code changes recently forwarded to the Council are slated for their consideration in September. Further development code changes are contemplated. DCM/DeStefano reported that EPC closed its Diamond Bar business. IAUGUST 12, 2003 Page 11 PLANNING The City Council is looking at the one -acre site immediately adjacent tc the Community/Senior Center as potential for a new library project. The City Counc I will review the Mitigated Negative Declaration for the exempt project in mid-September, early October. He explained why earlier this evening he considered two projects that were continued to the middle of September. 10. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. ADJOURNMENT: There being no further business to come before the Plan ing Commission, Chairman Tye adjourned the meeting at 8:45 P.M. tote 5:30 m. August 13, 2003 Adjourned Regular Meeting, City Hall, Conference Room B. Ll Attest: Chairma' Steve Tye 1 Ily S James DeS Deputy City