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HomeMy WebLinkAbout3/14/2006MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 14, 2006 CALL TO ORDER: Chair McManus called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Ron Everett led the Pledge of Allegiance. 1. ADMINISTRATION OF OATH OF OFFICE: CCICribbins administered the Oath of Office to all Commissioners. 2. ROLL CALL: Present: Commissioners Ron Everett, Kwang Ho Lee, Joe McManus, Steve Nelson and Tony Torng. Also present: Nancy Fong, Interim Community Development Director; Bradley Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner; and Stella Marquez, Senior Administrative Assistant. 3. REORGANIZATION OF PLANNING COMMISSION: a. Selection of Planning Commission Chairman. Commissioner McManus nominated Steve Nelson. Commissioner Lee nominated Joe McManus. There were no other nominations offered. Commissioner McManus was elected to serve as Chairman of the Planning Commission by the following Roll Call vote: Commissioner Lee: Joe McManus Commissioner Nelson: Joe McManus Commissioner McManus: Steve Nelson Commissioner Everett: Joe McManus Commissioner Torng: Joe McManus MARCH 14, 2006 PAGE 2 PLANNING COMMISSION b. Selection of Planning Commission Vice -Chairman. Commissioner Torng nominated Steve Nelson. There were no other nominations offered. Commissioner Nelson was elected to serve as Vice Chairman of the Planning Commission by the following Roll Call vote: Commissioner Torng: Steve Nelson Commissioner Everett: Steve Nelson Chairman McManus: Steve Nelson Commissioner Nelson: Steve Nelson Commissioner Lee: Steve Nelson 4. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered. 5. APPROVAL OF AGENDA: As Presented. 6. CONSENT CALENDAR: 6.1 Minutes of the Regular Meeting of February 28, 2006 C/Torng moved, CILee seconded, to approve the minutes of February 28, 2006, as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, Lee NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Everett, VC/Nelson, Chair/McManus ABSENT: COMMISSIONERS: None 7. A a OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARINGS: 9.1 DEVELOPMENT REVIEW NO.2005-31 AND MINOR CONDITIONAL USE PERMIT N0.2006-03 — In accordance with Code Sections 22.48 and 22.56, this was a request to construct a new three-story single family dwelling of MARCH 14, 2006 PAGE 3 PLANNING COMMISSION approximately 9,288 square feet (including porches, balconies, covered patios, swimming pool, tennis court and an attached six car garage) on an existing vacant 1.68 acre parcel in the R! 20,000 zone with a consistent underlying General Plan Land Use designation of Rural Residential. The applicant also requested approval of a Minor Conditional Use Permit to allow a driveway width greater than fourteen (14) feet at the street property line. (Continued from February 28, 2006) PROJECT ADDRESS: 2502 Razzak Circle (Lot 181, Tract 30578 APN 8713-009-066) Diamond Bar, CA 91765 PROPERTY OWNER: Mr. and Mrs. Wasif Siddique 11076 Venture Drive Mira Loma, CA 91752 APPLICANT: Bob Larivee 17 Rue Du Chateau Aliso Viejo, CA 92656 CDD/Fong stated that although the applicant submitted new plans there were technical issues that needed to be resolved and staff was recommending that the Planning Commission receive testimony and close the Public Hearing. Staff will re -advertise the project for a future public hearing when the project is ready to move forward. With no one present who wished to speak on this item, Chair/McManus declared the public hearing closed. 10. PUBLIC HEARINGS: 10. DEVELOPMENT REVIEW NO. 2003-01 — Originally approved on May 27, 2003, to allow for the operation of a restaurant and bar with entertainment (i.e., entertainment shall include only a jazz band, guitarist and pianist on a small state within the bar; and a DJ with dancing for banquets and private parties held within the banquet room) at the location referenced below. Condition No. 5(o) of the Conditional Use Permit requires that the City periodically review the operation to assure compliance with conditions of approval and consider whether to modify, add conditions as necessary or revoke the permit. MARCH 14, 2006 PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: PAGE 4 PLANNING COMMISSION 245 Gentle Springs Lane (Scribbles Grill & Restaurant) Diamond Bar, CA 91765 P.N. Patel, Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91765 Raj Astavakra 6226 N. Calera Avenue Azusa, CA 91702 CDD/Fong stated that the owner was out of the country and requested the public hearing be continued to April 11, 2006. Chair/McManus opened the public hearing. Henry Lee, 364 Prospectors Road, presented the Commission with a letter signed by residents who are concerned about the restaurant and would like for the Commission to revoke their permit. Mr. Lee said he was not sure that he would be available to return on April 11, 2006, for the public hearing. Mr. Lee stated that he believed Scribbles was violating their Conditional Use Permit by allowing loud rap groups that drew unsavory elements to the community. Vehicles have been vandalized and open containers of alcohol are being strewn about the cul-de-sac area at the end of Gentle Springs Lane. Patrons of the restaurant have been observed vandalizing the entry gate, parking illegally in the complex, urinating on the premises and female patrons have been observed changing their clothes. He and his neighbors are very upset because Diamond Bar is a family community and children are present. Ming Wen Su said she lives close to the gate and every weekend (Thursday, Friday and Saturday) the music is so loud that it vibrates her windows. She is a speech and hearing scientist and used her sound meter to measure the decibels. In front of her door she measured the sound at 84 decibels and closer to the restaurant it was at about 120 decibels. People who live on the same side of the complex as she complain that they are unable to sleep at night and even when she sleeps on the opposite side of her unit she can hear the loud music vibration. She says she frequently calls the police to complain and the police well Whl her that the business was not en t a restaurant but a disco pub as hen the department sends officers the business MARCH 14, 2006 PAGE 5 PLANNING COMMISSION turns off the music and when the officers leave the music starts up again. She said the Sheriff's Office encouraged her to call each time there is a problem but after several months of nothing being done they feel helpless. Every Thursday, Friday and Saturday the complex has to shut down their gate to keep the patrons out. One weekend a group was hanging out in the parking lot and walked toward the car so she felt like she had to drive away. She has seen groups try to force the gate open and she and her neighbors can detect the odor of burning marijuana. Herfather asked them to stop and they retaliated by shaking cars in the parking lot until the alarms went off. She said it happens on a frequent basis and she and her family are very concerned Tor their safety. Some of her neighbors feel they must move out because they cannot live under these conditions. Chair/McManus asked the speakers to come back to the meeting on April 11 and bring as many of their neighbors as possible so that the City would be able to get their concerns on the record. VC/Nelson asked Ms. Su to give an example that was equivalent to 84 decibels. Ms. Su said that 84 decibels was equal to honking traffic in a large city and 120 decibels would be equivalent to standing next to a moving train. Mrs. Su responded to C/Everett that the bass sound records at 84 decibels at her door. Mr. Lee stated that some of the residents told him last night that they had been verbally accosted by patrons of the bar demanding that the resident open the complex gate and allow them into the parking lot. C/Torng asked staff if there were similar Conditional Use Permits in the City. He recommended that at least one Sheriff's Deputy be asked to join the April 11, 2006, meeting. CDD/Fong responded that as indicated in staff's report, the approved entertainment for this facility is limited to a DJ and dancing only within the banquet room and not within the main bar and restaurant areas. She believed that according to the police report the restaurant has gone beyond the City's approval. Most certainly the Sheriff's Department will be available on April 11 to provide testimony as well. The Sheriffs Department personnel were not present tonight because the applicant requested continuance to April 11, 2006, and the applicant must be given due process to respond to the issue of public safety. On April 11, 2006, staff will provide the Commission with a presentation that includes evidence of possible non-compliance, response to public safety, police reports, etc. MARCH 14, 2006 PAGE 6 PLANNING COMMISSION The speakers are invited to bring all of their information to the April 11, 2006, meeting so that it can be included in the report. CILee asked if noise levels exceeding levels allowed under the Municipal Code could be considered a public safety hazard and CDD/Fong responded that the code indicates a maximum decibel level that a business is allowed to generate. If the decibels are exceeded the business must provide noise attenuation inside of the building to meet the minimum nose standards. CILee asked if noise could be considered a violation of the Conditional Use Permit. CDD/Fong responded that this forum gives the Planning Commission the opportunity to determine whether the applicant meets the noise ordinance standards under the Conditional Use Permit that was granted by the Planning Commission and if the Commission determined that the applicant did not meet the standard the Commission could impose additional conditions or revoke the Conditional Use Permit. C/Everett asked staff to include the detail of reported incidents in their April 11, 2006, report and indicate whether crimes occurred as a result of those incidents. He felt it would be also helpful to have feedback provided by the Los Angeles County Fire Department because of the reference to the department handling a possible safety hazard/code violation on July 22, 2005. CDD/Fong stated that due to the confidential nature of incident reports staff is allowed to provide only a certain amount of information with respect to incidents. C/Torng asked why the Planning Commission should not suspend the Conditional Use Permit at this time based on the applicant's non-compliance and ACAIWohienberg explained that Conditional Use Permits are considered "land use entitlements" and the City must observe due process before permits can be reduced or revoked. The public hearing process allows all sides to present their t he reports are not complete and the applicant s unavailable the City could not take any action to educe or revoke the permit at this time. Chair/McManus asked if the Sheriff's Department had records back to 1995 and CDD/Fong said she believed so although only one year's worth of service calls would be considered. Chair/McManus felt that the evidence should reflect the history of complaints over the past number of years. Without objection, Chair/McManus declared the public hearing continued to April 11, 2006. MARCH 14, 2006 PAGE 7 PLANNING COMMISSION 11. PLANNING COMMSSION ER COMM ENTSIINFORMATIONAL ITEMS: C/Lee welcomed new Commissioners Everett and Nelson and hoped the Commissioners would work together to make wise decisions that would benefit the people. C/Torng said it was his honor to be a Planning Commissioner and to work with two new Commissioners and Chair/McManus. Today's issue was the first matterthat he felt required input from the Sheriff's Department. C/Everett thanked staff for his welcome and orientation and said he looked forward to their continued support as well as the support of his colleagues. He congratulated Chair/McManus and VC/Nelson on their appointments and thanks Council Member Tye for appointing him to serve on the Commission. He said he looks forward to serving with integrity. VC/Nelson thanked Council Member Zirbes for appointing him to the Commission and thanked his colleagues for their vote of confidence in appointing him Vice Chairman of the Commission. He vowed to support his colleagues and Council. Chair/McManus welcomed his fellow Commissioners and thanked them for asking him to continue serving as Chairman. 12. STAFF COMMENTS AND INFORMATIONAL ITEMS: 12.1 Public Hearing dates for future projects. CDD/Fong reported that C/Chang appointed Ruth Low to serve as a Parks and Recreation Commissioner. She said she planned to attend the Planning Institute Conference next week along with C/Lee and C/Everett. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. MARCH 14, 2006 PAGE 8 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair McManus adjourned the meeting at 7:40 p.m. Respectfully_ Submitted, Nancy Fong Interim Commu ity De opment Director