Loading...
HomeMy WebLinkAbout9/28/2004MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 28, 2004 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Tanaka led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka, Commissioners Ruth Low, Joe McManus and Steve Tye. Also present: James DeStefano, Deputy City Manager, Linda Smith, Development Services Assistant and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. 11 CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of September 14, 2004. C/McManus moved, VC/Tanaka seconded to approve the minutes of the Regular Meeting of September 14, 2004, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS OLD BUSINESS: None 6. NEW BUSINESS: None McManus, VC/Tanaka, Low, Tye and Chair/Nolan None None SEPTEMBER 28, 2004 Page 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): None 7.1 _Extension of Time for Tentative Parcel Map No. 29987. Pursuant to Title 21, Subdivision Ordinance — Section 22.20.150 and Subdivision Map Act Sections 66452.6 and 66452.13 this application is a request for a one- year extension of time of the approved parcel map. The City Council approved the parcel map on October 8, 2002. This approval expires October 8, 2004. The purpose of the parcel map is to subdivide one parcel into three lots. Currently, the project site is developed with a restaurant structure and a hotel. If approved, the restaurant structure would be located on a 1.32 -acre lot; the hotel would be located on a 2.70 -acre lot and the remaining 1 -acre lot would be future commercial development. PROJECT ADDRESS: 259 Gentle Springs Lane (Lot 1, Parcel Map No. 15547) Diamond Bar, CA 91765 PROPERTY OWNER/ Purshottam N. Patel APPLICANT: Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91741-6625 DCM/DeStefano presented staff's report. Staff recommended Punning Commission approval of Extension of Time for Tentative Parcel Map No. 22987, Findings of Fact, and conditions of approval as listed within the Resolution. Applicant, Mr. Patel explained the request and stated that a one-year extension would be more than sufficient to complete the plans. He responded to Chair/Nolan that he read staff's report and concurred with the conditions of approval. Specifically, the delay was due to his delay in moving forward with the project and felt that it would be preferable to get an extension rather than risk non-compliance. He stated that the businesses were flourishing and he was pleased to be part of the Diamond Bar community. Chair/Nolan opened the public hearing. With no one present who wished to speak on this item, Chair/Nolan closed the public hearing. SEPTEMBER 28, 2004 Page 3 PLANNING COMMISSION DCM/DeStefano responded to C/Low that if the extension of time were not approved by, the City Council the applicant would have to record the final map by October 1, 2004. Under those circumstances, the applicant would need to begin again with the entire process. In general, the conditions had not changed. C/McManus was curious if the applicant planned to open Prospectors Road to an ingress/egress. DCM/DeStefano explained that in the City's view, Prospectors Road would be restricted for the triangular shaped property and staff would promote the view that the restriction would remain as long as there was an ability to get to the restaurant and/or hotel from Gentle Springs. At the same time, the fire gate would remain in place. C/Tye reminded the Commission that he voted "no" on the Tentative Tract Map two years ago because at that time he felt the subdivision did not meet the stated criteria that the proposal was good for the project, good for the City and good for the neighborhood. Two years ago when this matter was considered there was access to lot 3 between the hotel and the condominiums and today that is no longer the situation because of the electronic gate. He felt there were serious concerns about ingress/egress and asked why staff would recommend an extension without knowing what the project would ultimately look like? DCM/DeStefano responded that staff was recommending approval because the map continued to meet the standards set forth by the City for subdividing property within this zone. The City did not know what the applicant proposed for the property and would deal with that issue when the project was presented to the City for consideration. C/Tye asked staff to address the issue of possible non-compliance (second sentence on page 3). DCM/DeStefano stated that in reviewing this request staff found an inconsistency between the City's existing Code and the current California State Subdivision Map Act. As a result, staff was working with the City Attorney to determine what change, if any, should be made to the Code. However, this was a housekeeping matter only and would not affect this request. C/Tye cited page 4, Item (d) second sentence of the Draft Resolution that stated "a one-year extension of time may be approved when submitted to the City in writing." He felt the statement was in error because the City would not grant another one-year extension of time after this extension. DCM/DeStefano said to the contrary, the applicant had the right to ask for SEPTEMBER 28, 2004 Page 4 PLANNING COMMISSION more time and could return in one year with a request for another extension of time in accordance with the State Subdivision Map Act. DCM/DeStefano referred C/Tye to Condition (s) on unnumbered page 7 that spoke to "the physical rehabilitation of Gentle Springs Lane prior to Final Map approval" as staff's attempt to condition this application. As a result, should Scribbles, the hotel or the triangular parcel require a discretionary permit there would be an opportunity to capture public improvements on this private street. The conditions run with the map. In response to Chair/Nolan, DCM/DeStefano explained that with respect to Condition(s) the applicant had no other requirement to make the improvements prior to this Parcel Map application and approval. As part of the discretionary approval process and nexus of this development together with the needed improvements on Gentle Springs Lane, this condition was created. The condition requires that the improvements be done prior to final map approval. Based upon the current entitlement, final map approval is October 1, 2004. Based upon a proposed approval of an extension the applicant would complete this application upon recordation by the final date of October 1, 2005. Chair/Nolan asked if the City had viewed this property for code infractions such as the banner signs. DCM/DeStefano said he first saw the banner signs on Monday and they are not in compliance with the code. Banners are permitted but not the particular banners the applicant has displayed. Chair/Nolan asked if the resolution could be amended to reflect that the property had to be within code to which DCM/DeStefano responded affirmatively. Mr. Patel stated to Chair/Nolan that he would agree to replace the banners with the appropriate banners required by code as directed. Mr. Patel further stated that he had worked hard to provide Diamond Bar with a class hotel and had spent considerable dollars to improve his property and had contributed to the City in other positive ways. He affirmed that it was no problem for him to comply with the City's code as directed and hoped that the Commission would grant him the extension of time. Chair/Nolan said that with respect to C/Tye's concern he had not heard anything negative about the property since the prior restaurant owner left. He felt that it was a problematic property because of its close proximity to the f reeway. SEPTEMBER 28, 2004 Page 5 PLANNING COMMISSION C/McManus moved, VC/Tanaka seconded to approve the one-year Extension of Time for Tentative Parcel Map No. 29987. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: McManus, VC/Tanaka, Low, Chair/Nolan Tye None C/Tye explained that his reason for voting "no" was because he did not believe the project was appropriate two years ago and believed it was not appropriate today. He felt the City should not be in the business of subdividing properties for financing purposes and believed the best way to control the property was to leave it as one parcel. 7.2 Development Review No. 2004-32. Pursuant to Code Section 22.48.020.A.1, this was a request to remodel and construct an approximate 902 square foot one story addition to an existing 1,925 square foot one story single family residence with a two -car garage. PROJECT ADDRESS PROPERTY OWNER: 1315 Baft Lane (Lot 49, Tract 31677) Diamond Bar, CA 91765 Kirsten H. Saiko 1315 Baft Lane Diamond Bar, CA 91765 APPLICANT: Kim Young 18711 Greengate Street Rowland Heights, CA 91748 DSA/Smith presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-32, Findings of Fact, and conditions of approval as listed within the resolution. Chi Wol Chi, 19623 Bowman Court, Rowland Heights, speaking on behalf of the applicant, explained the project and stated that the applicant concurred with the conditions of approval. Chair/Nolan opened the public hearing. SEPTEMBER 28, 2004 Page 6 PLANNING COMMISSION With no one present who wished to speak on this item, Chair/Nolan closed the public hearing. C/Tye moved, C/Low seconded, to approve Development Review 2004-32, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Tye, Low, McManus, VC/Tanaka Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Review No. 2004-23 and Minor Conditional Use Permit No 2004-08 (pursuant to Code Section 22.48,2230.080(5)(a)(5) and 22.56) was a request to construct a two-story, single family residence of approximately 10,849 gross square feet including porches, parte cochere, balconies and three car garage; a 728 gross square foot detached garage; gazebo and trellis, pool and spa; site improvements including retaining walls to a maximum six foot exposed height, and a Minor Conditional Use Permit approval for the driveway width that is greater than provided by the Diamond Bar Municipal Code. PROJECT ADDRESS: 2521 Braided Mane Drive (Lot 91, Tract 23483) Diamond Bar, CA 91765 PROPERTY OWNER/ Paramjit and Harjinder Nijjar APPLICANT: 2521 Braided Mane Drive Diamond Bar, CA 91765 DSA/Smith presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-23 and Minor Conditional Use Permit No. 2004-08, Findings of Fact, and conditions of approval as listed within the resolution. Jimmy Juneja, 1729 Weber Way, LaVerne, stated that the property owner, applicant, and their agents read staff's report and accepted all of the conditions for the project as contained in the report. He thanked staff for their assistance. Robert Tong, 255 E. Santa Claus Street, Arcadia spoke about the project and stated that it had received 'The Country Estates" Homeowner SEPTEMBER 28, 2004 Page 7 PLANNING COMMISSION Association approval. He believed the front yard setback was 30 feet and not 34 feet. DSA/Smith concurred. He indicated that he accepted staff's recommendations and conditions of approval as set forth in the draft resolution. C/Tye asked if Mr. Tong agreed with Condition 5(c) to revise the circular drive to eliminate the ingress/egress from Indian Creek Road and Mr. Tong acknowledged that he did. C/Low told Mr. Tong that this was one of the most attractive houses she had seen. C/McManus agreed. Chair/Nolan opened the public hearing. With no one present who wished to speak on this item, Chair/Nolan closed the public hearing. C/Low moved, C/McManus seconded, to approve Development Review No. 2004-23 and Minor Conditional Use Permit No. 2004-08, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Rall Call vote: AYES: COMMISSIONERS: Low, McManus, Tye, VC/Tanaka Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: None Offered. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: DCM/DeStefano referred Commissioners to the list of future public hearing dates that included the appeal of the Planning Commission's decision to approve a new house at 22807 Lazy Trail. The appeal was withdrawn. DCM/DeStefano explained that there were about 140 properties in "The Country Estates" that were on individual septic tanks. The Regional Water Quality Control Board determined that septic tanks create a hazard as they are designed to eventually leech into the groundwater table. The Board is concerned that the water quality would be degraded in Southern California. As a result, new rules were promulgated that would eventually lead to the elimination of septic tanks. In the immediate future either the City or the Board would be responsible for regular SEPTEMBER 28, 2004 Page 8 PLANNING COMMISSION inspections and compliance with regulatory standards. This Thursday a community meeting will be held for the affected residents to discuss the issues of impending compliance. The City Council will discuss this matter on October 5. Also on October 5 the City Council will look at approving a Natural Hazards Mitigation Plan required by the federal government. DCM/DeStefano referred Commissioners to the International Council of Shopping Centers Developer's Conference October B and 7 in Palm Desert. He said that staff intends to specifically market major properties as well as the City at large --- Site D, Country Hills Towne Center, Calvary Chapel project and Brea Canyon Road project. The City is seeking new revenue sources through retail and/or hotel development. In addition, the City is engaged in discussions with the Kmart property owner. He hoped to present a favorable report to the Commission in the near future. C/Low asked if staff had an update on the Country Hills Towne Center. DCM/DeStefano reported that the Globe Theatre ceased business and MCC Capital was operating the theater. At the opposite end of the Center the City had been working with Henry's and Von's to fill the grocery space and as of last week both declined. Staff is talking with Albertson's about opening a market double the size of the old site in the Country Hills Towne Center and opening a Bristol's Farms at the current site on Grand and Diamond Bar Boulevard. It is difficult to get commitment from potential tenants until an anchor has committed. The proposed four-story medical building is on hold until the anchor and related issues are determined. C/Tye asked if the City would be in a position to monitor the septic tanks. DCM/DeStefano explained that staff leans toward having the City do the monitoring in order to insure local control. However, until discussions include property owners, staff would not be able to make a final determination. C/Tye felt staff was on the right track speaking with Albertson's about a market at the Country Hills Towne Center and a Bristol Farms at the current site. DCM/DeStefano responded that Gelson's passed on the site. HOWS was close to making a decision but had similar concerns about being too far away from their Pasadena base. C/Tye thanked staff for an excellent presentation package and wished them success at the conference. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. SEPTEMBER 28, 2004 Page 9 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 8:31 p.m. Respectfully Submitted, DeStefar fp, Deputy City Manager Attest: an Nolan, Chairman