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HomeMy WebLinkAbout9/9/20031 1 1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBERJ9,.2003 CALL TO ORDER: Chairman Tye called the meeting to order at 7:05 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: F 3. 4. 5. 6. iality Bar, Present: Chairman Steve Tye, Vice Chairman Dan Nolan, and Commissioners Steve Nelson, and Jack Tanaka. Also present: James DeStefano, Deputy City Manager; Ann Lu gu, Associate Planner, Linda Smith, Development Se ices Assistant, and Stella Marquez, Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 4.1 Approval of August 26, 2003, Regular Meeting minutes. C/Tanaka moved, C/Nelson seconded, to approve the August 26, 2)03, Regular Meeting minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Tanaka, VC/NIan, Chair/Tye NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None OLD BUSINESS: None NEW BUSINESS: None SEPTEMBER 9, 2003 Page 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 Development Review No. 2003-04 (pursuant to Code Section 22.66.060(A)(3) is a request to revise the hours of operation for an existing restaurant'Aashiana Restaurant from 11:30 a.m. to 10:00 p.m. daily. Current hours of operation are 5:30 p.m. to 10:00 p.m. Monday through Friday and 11:30 a.m. to 10:00 p.m. Saturday and Sunday. (Continued from July 22, 2003) PROJECT ADDRESS: PROPERTY OWNER APPLICANT: 2020 Brea Canyon Road, Suite A-7 (Lot 180, Tract 30578) Diamond Bar, CA 91765 Nathaniel Williams 3029 Wilshire Boulevard #202 Santa Monica, CA 90403 Akbar Ali 8481 Holder Street Buena Park, CA 90620 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-04(2), Findings of Fact, and conditions of approval as listed within the resolution. Gazala Kahn, applicant's agent, asked for the Commission's support of the applicant's business and approval of Development Review No. 2003-04(2). Chair/Tye opened the public hearing. Mary Ferderer, 2020 Brea Canyon Road, Suite A-6, reiterated her concerns about the restaurant's type of operation, hours of operation and parking problems in the center. Her company wants to remain at that location but would find it more difficult to conduct business if the restaurant was allowed additional hours. C/Nelson explained that parking studies conducted on five different dates show that there are a variety of parking spaces available. Staff has verified the information. He asked if Mrs. Ferderer disputed the parking studies? 1 1 SEPTEMBER 9, 2003 Page 3 PLANNING COMM Mrs. Ferderer said that reference to 30 available spaces was ridiculous. The available spaces are down by Chuck E. Cheese, a good distance away rom their office. C/Tanaka asked Mrs. Ferderer if on July 31 when the pictures of do parking were taken, were there spaces available around the building? Mrs. Ferderer said she didn't go looking around the building but it was p�ett� packed. She didn't know what was going on but it was pretty bad that ay. Chair/Tye asked if Mrs. Ferderer had discussions about this matter landlord? Mrs. Ferderer said that Peggy Guess has spoken with the landlord se times about this matter. The landlord opened it up for parking all the down to Chuck E. Cheese. The landlord is not being fair to the tenants have been there for many years. Claudia Salazar, Manager of the building, said that ownership has ah supported extending the hours of the restaurant. For that reason, the ow paid for a reciprocal parking agreement that extended the parking building E and A down to building D (Chuck E. Cheese). She personally) the property each month. She likes to go during peak hours to see business is going. Every time she has visited the property there: has not t a problem with parking. She spoke with a number of tenants and r operators in building A, who do not support extended hours. Convey; office tenants in the second floor of building C and E support the additi hours and do not see parking as a problem. Ms. Salazar responded to C/Tanaka that at no time in the past i vehicles have been towed had they parked next to Chuck E. Cheese. Ms. Salazar indicated to C/Nelson that the only reserved parking spaces for SPARC. When the current owners bought the buildings, the agreerr for reserved parking was already in place. The only tenant that requec reserved parking was Mr. Ali at the time of the lease. Other tenants h requested reserved parking but the owners have not allowled reser parking. IChair/Tye closed the public hearing. the :J re SEPTEMBER 9, 2003 Page 4 PLANNING COMMISSION Responding to Chair/Tye, DCM/DeStefano explained that the -Planning Commission approved hours of operation for service to patrons from 5:30 p.m. to 10:00 p.m. Monday through Friday and 11:30 a.m. to 10:00 p.m. Saturday and Sunday. The Planning Commission also approved catering operations commencing at 11:30 a.m. daily. Catering does not typically include take-out. Chair/Tye, responding to a former speaker, clarified that the Planning Commission did not exclude the applicant from serving lunch, it approved the applicant's request. The Planning Commission specifically asked the applicant if the restaurant could survive without serving lunch and the Commission was told it would survive. DCM/DeStefano recollected that the applicant asked for hours that included lunch service. At the conclusion of the Planning Commission discussion, the applicant indicated, in response to questions and concerns about parking from the dais, that he could live with a "dinner only" service Monday through Friday. C/Tanaka asked if in the parking study the number of parking spaces included "20 minute" spaces. Staff indicated yes. Chair/Tye said he visited the location twice in recent days. He observed the SPARC has reserved parking and the curb in front of Shanghai indicates "restaurant parking." Does the City or the building owner enforce parking? DCM/DeStefano explained that parking is a private party enforcement between the tenants, property owner and violators. C/Tanaka visited the location on several occasions, one immediately following the July 22 meeting. Today he visited the center and observed SPARC and numerous restricted parking areas with green curbs in front of many businesses. Chair/Tye referred to a letter from Diamond Dance Wears. He asked staff to address their "no meeting notices" contention. DCM/DeStefano responded to a prior speaker that notice by law is required of property owners surrounding the site, in this case, 700 feet, well beyond the state law requirements of 300 feet. Notice by law is not required to tenants. The City provides for notice within local area newspapers and posts 1 SEPTEMBER 9, 2003 Page 5 PLANNING COMMISSION public hearings at specific locations throughout the City. The City also requires an announcement board be placed on the property in anticipate n of a public hearing. This matter was continued from a public hearing discussion several weeks ago. The continuance of a public hearing does not re uire notice. It is presumed that those who are in attendance have constru tive notice. On rare occasions, the Planning Commission and/or City Co ncil direct additional notice when a large project affects several hundred -property owners within an immediate area. !regal staff confirms that becausq the speaker attended tonight's hearing and spoke to the Commission it is event that she had prior notice. Id DSA/Smith responded to C/Tanaka that 20 parking spaces were calcul ted based on service and patron area in accordance with the Diamond Bar Municipal Code. C/Nelson spoke about his parking concerns. The agreement to evening hours only does not factor into his thinking because of the reciprocal parking agreement. With that, there is an opportunity for a tenant to expanc his business and he is attempting to take advantage of that opportunity, He wants to do everything possible to facilitate business growth in IDiamonc Bar because there are 14 spaces in excess of the Municipal Code requirer lent and parking for the proposed used is consistent with the Code. In his opii ion, the Planning Commission is being asked to referee a "free for all" that fa Is to the businesses owner. Legally, the Planning Commission is charged ith upholding the City's Municipal Code. Therefore, he agrees with the req est for expansion of hours. C/Tanaka agreed that the numerous studies show that there is parking. VC/Nolan concurred. The reciprocal parking agreement changes the complexion of the request. He believed there were issues outside of the parking situation that needed to be mitigated between the building owner and tenants. Chair/Tye said that on paper, the parking study said there are suffic parking spaces. When he drove the area he observed the parking to the i of the building next to the freeway to be less than desirable. In addition, th ' may be plenty of parking by Chuck E. Cheese but he would not make walk. If he had a business in the building and felt that parking was an is for his visitors he would want his customers to have easy access to ent Iue his SEPTEMBER 9, 2003 8. 0 Page 6 PLANNING COMMISSION business. If the restaurant had asked for lunch service from the beginning, he may have reached a different conclusion. VC/Nolan moved, C/Nelson seconded, to approve Development Review No. 2003-04(2), Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Nelson, Tanaka, VC/Nolan, Chair/Tye None PLANNING COMMISSION COMMENTS: C/Nelson thanked DSA/Smith for the Power Point presentation and would like to see more. Chair/Tye was sorry that Joe Ruzicka resigned from the Planning Commission. Mr. Ruzicka will be missed. INFORMATIONAL ITEMS: DCM/DeStefano reported that Joe Ruzicka is invited back to the Planning Commission on October 14, 2003, for a proper "roasting" to celebrate his years of service. M/Herrera intends to appoint her replacement on September 16. Further, she asked that Mr. Ruzicka be recognized by the City Council on October 7. DCM/DeStefano stated that at its September 2 meeting, the City Council received the packet of Development Code amendments. Council approved the amendments with two exceptions: 1) landscape maintenance slope standards (Study Session September 16) and 2) election signs (discussion to take place after this year's election). He indicated that because the Planning Commission directed that the amendment remain as currently written, no further action on the election sign amendment was necessary according to the City Attorney. Therefore, the matter was forwarded to the City Council on September 2. 10. SCHEDULE OF FUTURE EVENTS: As listed in the Agenda. Chair/Tye reminded Commissioners that the City and Chamber would sponsor American Spirit Day on September 11. ' SEPTEMBER 9, 2003 Page 7 PLANNING COMM DCM/DeStefano stated the Commission/Council dinner meeting would take on Monday, September 29. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Tye adjourned the meeting at 8:05 p.m. Attest: Chairman Steve Ty 1 ly Jarin6s DeStef Deputy City M