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HomeMy WebLinkAbout4/10/2007MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 10, 2007 CALL l"O ORDER: Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman )Nei, Vice Chairman Tony Torng, and Chairman Steve Nelson Also present: Nancy Fong, Community Development Director; Gregg Kovacevich, Assistant City Attorney; Sandra Campbell, Contract Senior Planner; and David Alvarez, Planning Technician. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Jose Gomez, a Diamond Bar resident and Mt. SAC student said he was present to fulfill a class assignment by attending tonight's meeting. Richard Bach, 1060 Tintah Drive, said he was also present to fulfill a class ;assignment to attend tonight's proceedings. 3. APPROVAL OF AGENDA: As Submitted. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of March 13, 2007. VC/Torng moved, C/Wei seconded to approve the Regular Meeting Minutes of March 13, 2007, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Torng, Wei, Lee, Nolan Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None APRIL 10, 2007 PAGE 2 PLANNING COMMISSION 5. 6. 4.2 Minutes of the Regular Meeting of March 27, 2007. VC/Torng said that on page 6 all of his comments were not included when he talked about parking. The applicant provides 176 parking spaces which are actually less than the number called out in the Gateway Specific Plan and that is the reason he brought it up and he hoped it would be corrected. CDD/Fong said she would insert a sentence to read as follows: V/C Torng stated that the number of parking spaces falls short by two spaces and requested that the applicant be required to furnish more parking spaces in the next phase. C/Lee moved, C/Wei seconded to approve the minutes of the March 27, 2007, as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT COMMISSIONERS Lee, Wei, Nolan, VC/Torng, Chair/Nelson None None 4.3 Issuance of Public Convenience and Necessity (PCN): A request to issue a PCN for a Type 21 liquor license for Mike's Tobacco at 1174 S. Diamond Bar Boulevard. CDD/Fong referred the Planning Commission to the Resolution contained in the packet and explained the request before the Planning Commission. C/Nolan moved, C/Lee seconded to approve the PCN. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, Wei, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None OLD BUSINESS: None NEW BUSINESS: None APRIL '10, 2007 PAGE 3 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 Development Review No. 2004-33 — In accordance with Development Code Section 22.48, the applicant requested approval to remodel and enlarge an existing commercial service station as follows: Remove existing service bays and enlarge the structure and use of the convenience mart; and upgrade the exterior design of on-site structures. PROJECT ADDRESS PROPERTY OWNER APPLICANT: 21324 Pathfinder Road Diamond Bar, CA 91765 Mohamad Salimnia 21324 Pathfinder Road Diamond Bar, CA 91765 Nasser Moghadam 44052 Galicia Drive Hemet, CA 92544 DSA/Smith presented staffs report and recommended Planning Commission approval of Development Review No. 2004-33, Findings of Fact, and conditions of approval as listed within the resolution. C/Lee said that today there is no distinction between specific business and business. There was an original design for the gas station. And now they are putting in a convenience market and small food court. Because there is a cooking facility it is not a takeout, it is a small restaurant. His first impression of this project is that there should be tables where people can sit down and eat but this is a convenience store and cooking small restaurant inside the store. People go inside and wait until it is cooked and then they pick up the food and go outside and eat. And this is an 8 -station gas station and it should be very crowded. So to him there are too many businesses in one and it is too complicated for people to understand the nature of the business and how they should react to the business. CDD/Fong explained that the industry calls this a "quick service restaurant." It is not a sit-down restaurant. The expectation is that people will go into the store and buy food, e.g., hot dog, purchase gas for their cars then leave. This type of service is available in many gas stations. VC/Torng said he had been to the location several times and felt it was good that the applicant had changed from four to three exits. He was still APRIL 10, 2007 PAGE 4 PLANNING COMMISSION concerned about the safety of patrons because he sees vehicles turn left from Brea Canyon Road and if he remembered the rules about the traffic, he wanted to know if vehicles could make a left turn onto westbound Pathfinder Road. VC/Torng said if he remembered correctly no left turn should be allowed. CDD/Fong concurred. VC/Torng wanted to know if the City could post a sign and CDD/Fong responded that the City could require the applicant to post a "right -turn -only" sign. However, if a driver disobeyed the sign it would be an enforcement issue. C/Nolan asked if drivers were allowed to make a U -Turn at Brea Canyon if their intention is to go back toward the freeway. CDD/Fong said she believed drivers could make a U -Turn. VC/Torng said he believed drivers could make a U -Turn on Pathfinder at Fern Hollow. C/Wei said he had the same concerns as VC/Torng and believed it was proper to put the "no -left -turn" at the exit facing Pathfinder Road. There were no ex -parte disclosures. Chair/Nelson opened the public hearing. Nasser Moghadam, project architect, thanked Planning staff for their assistance. He has spent three difficult years on this project and his primary concern is to have a feasible project for the residents as well as the property owner and businessman who must make a living. This gas station is situated on a major corner and for many years this owner has been discussing many issues in addition to the overall look. He and the owner understand that the area is very congested. However, if the station does not meet the needs of the public they will not patronize the station. He is also concerned about safety. This is the beginning of the project. Following the Planning Commission's review the project goes to Building and Safety and is subject to offsite improvements through the utility company. There is a long way to go before this project comes to fruition and the owner is concerned that after making these improvements he will be able to succeed. He has had many years of experience converting these stores and to C/Lee he responded that there would be no kitchen and that the public health department would not allow a kitchen. However, the applicant would like to have some flexibility to provide minimum facilities to franchise with Quizno's and others to provide warmers, microwaves or toasters. There will be no seating because it is a takeout only. He referred to an issue involving truck safety on a certain corner and said he is working with staff to reduce the corner to provide more room for truck turnout. He explained how the project was revised in APRIL '10, 2007 PAGE 5 PLANNING COMMISSION accordance with the Planning Commission's wishes. He believed there was a double yellow line on Pathfinder Road that would prevent a left -turn out. Chevron has certain standards and the proposed canopy is intended to be the generic canopy of choice for several years hence and he believed that putting trim around the canopy would look odd. If the Commission approves the project he will continue to work with staff to smooth out the details and make the project feasible for his client. He felt that some of the requested changes resulted in waste for his client but the project looks beautiful and he did not disagree with staff's proposal. However, he would like some consideration so that the applicant did not have to spend a lot of money changing the look because it would be landscaped. C/Nolan asked if the food was prepared elsewhere or prepared to order on- site. Mr. Moghadam responded that his client wanted to have Quizno's or Subway and not be completely self -serve. Some of the food is not pre -made it will be made to order and taken away from the premises. Chair/Nelson asked if Mr. Moghadam thought there would be a problem having two "no left -turn" signs at Pathfinder Road and Mr. Moghadam responded "no." VC/Torng asked if Mr. Moghadam was not fully committed to the condition imposed by staff. Mr. Moghadam said they would comply. However, he would like to be able to work with staff to resolve certain issues such as if the canopy is supposed to be changed from what is represented that would be a different issue. If staff says it has to be done the applicant will comply. He said he wanted leeway to work further on the issue of the truck turning radius and to be able to prepare food. There are no other objections. CDD/Fong said that staff's intention was to make sure that the design of the canopy was consistent and compatible with the design of the building as proposed. The canopy is a generic corporate identity canopy and in her opinion, Diamond Bar is not generic. She believed the canopy needed to be compatible with the design by having consistent material and design. The cornice treatment at the top of the roof would have to be a similar design consistent with the building design. Staff asked for stone material at the bottom of the columns. Newer Chevron stations have similar in design and staff is not asking for more than what has been done with similar stations in other communities. Diamond Bar deserves that look and therefore, staff conditioned this project for the design to be compatible subject to staffs review, which may include the cornice treatment and ledger stone. Staff will work with the applicant, however, those are basic criteria for the redesign of APRIL 10, 2007 PAGE 6 PLANNING COMMISSION this canopy. CDD/Fong responded to VC/Torng that staff would work with the applicant with respect to the proposed design for truck safety. Chair/Nelson closed the public hearing. C/Lee moved, C/Wei seconded to approve Development Review No. 2004-33, Findings of Fact, and conditions of approval as listed within the resolution with the amendment to include two "Right -Turn -Only" signs as appropriate for the Pathfinder Road exits. Chair/Nelson wanted to know if the appropriate sign was "right -turn -only" or "no -left -turn" and CDD/Fong responded that public works would determine what sign was appropriate. C/Lee wanted to know if the signs were enforceable. CDD/Fong responded that there are two double -yellow lines along Pathfinder and a left turn is illegal. VC/Torng said he has seen many drivers make illegal turns in California. CDD/Fong said that it was up to the Sheriffs Department to enforce the situation. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Wei, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: None 7.2 Development Review No. 2007-11 and Minor Conditional Use Permit No. 2007-07 and Minor Variance NO. 2007-03 - In accordance with Chapter 21 of the City of Diamond Bar Development Code, the applicant requested the following approvals: Development Review No. 2007-11 for construction of a new 4739 square foot commercial building with two fast food restaurants and retail; Minor Conditional Use Permit No. 2007-07 for a drive-through restaurant, and Minor Variance No. 2007-03 to reduce the width of the drive-through lane. The project is consistent with implementation of the Diamond Bar Village Specific Plan. PROJECT ADDRESS: 22438 Golden Springs Drive (Southwest corner of Grand Avenue and Golden Springs Drive) Diamond Bar, CA 91765 APRIL 10, 2007 PROPERTY OWNER: APPLICANT: PAGE 7 PLANNING COMMISSION Target Corporation 1000 Nicollet Mall Minneapolis, MN 55403 David Kuo 984 Crystal Water Lane Walnut, CA 91789 CSP/Campbell presented staffs report and recommended Planning Commission approval of Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07, and Minor Variance No. 2007-03, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Nelson asked for an explanation of the retaining wall height to which CSP/Campbell responded using the overheads. VC/Torng asked if it was possible to include a crosswalk from the Target parking lot to the project site because there is no pedestrian walkway. CDD/Fong pointed out the location of the sidewalk. VC/Tomg was more concerned about crossing the area where there were two stop signs and he said he would feel better with a four-way stop so that pedestrians could move about more freely and safely. CDD/Fong explained that if a pedestrian walkway were built a large number of parking spaces would have to be eliminated. From a practical standpoint the shared spaces between Panda Express and Chili's would be shared first before overflow parking in the Target parking lot. CSP/Campbell said she understood VC/Torng's request for yellow striping for a walkway to call attention to pedestrian flow. CDD/Fong asked where VC/Torng would suggest beginning and ending the striping. VC/Torng said the two stops signs were not parallel. CDD/Fong stated that when stripes are created the area becomes a "false" safety zone for pedestrians because stripes do not constitute a crosswalk and it gives pedestrians a false sense of security. CDD/Fong again asked VC/Torng where he would propose to place striping to lead pedestrians from Target parking into the Panda Express building. VC/Torng asked if there was a possibility to have a stop sign. CDD/Fong explained that staff would have to look at the situation from an on-site traffic control perspective. CSP/Campbell said there is not a stop sign for traffic entering the center because it would potentially interfere with the flow of traffic on the main street. VC/Torng said that maybe traffic could study the issue. There were no ex parte disclosures. APRIL 10, 2007 PAGE 8 PLANNING COMMISSION Chair/Nelson opened the public hearing. Roger Segal, architect, said he would be happy to answer any questions. C/Lee said he believed that two food -related stores were sharing one drive- through. Mr. Segal responded that the drive-through was for Starbucks on the interior side only, not for Panda Express. C/Wei questioned the number of parking spaces because when Target was approved the parking spaces were calculated for that store only and wanted to know if there was an overlap in the number of parking spaces. Mr. Seal responded that the table on the conditional approval shows the overlay parking count. Page 4 indicates 535 spaces are required for Chili's, Target and Panda Express. However, the total number of parking spaces on the shopping center site is 560, a sufficient number for all three businesses. Chair/Nelson closed the public hearing. Chair/Nelson asked what the problems were with putting a stop sign in a line on a crosswalk. CDD/Fong said, a striped crosswalk should lead the pedestrians to a walkway and that is the difficulty with this site. Mr. Seal said there were 90-100 parking spaces between the two restaurant buildings. Parking should be ample for those two uses. Chair/Nelson said that Chili's is very crowded on a Saturday night and he was concerned that during the dinner hour there would be ample parking on that side. After giving the matter consideration CDD/Fong said she believed it might be appropriate to put a striped stop sign to create a three-way stop. She said she was unable to come up with a logical location for a striped crosswalk. A three-way stop would assist pedestrians to move across to the Panda Express building. VC/Torng said he believed a stop sign was better because as staff earlier stated a crosswalk might give pedestrians a false sense of security. CDD/Fong offered that a sign stating "pedestrian crossing" could be installed. APRIL 10, 2007 91 9. PAGE 9 PLANNING COMMISSION C/Lee felt that CDD/Fong understood the Commissioner's concerns and would work with the applicant to include appropriate modifications. VC/Torng agreed and suggested CDD/Fong consult with the City's traffic engineer to see if he agreed. VC/Torng moved, to approve Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance 2007-03, Findings of Fact, and conditions of approval as listed within the resolution with the addition of a condition that staff will study the traffic and pedestrian movement and make appropriate recommendations to ensure to every extent possible, the safety of pedestrians walking from the Target parking area to the Panda Express Building. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT COMMISSIONERS: VC/Torng, Lee, Nolan, Wei Chair/Nelson None None PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan reminded everyone that the City Birthday Party would be held in a couple of weeks. She Chairs the DBIA Car Show and invited everyone to stop by and purchase raffle tickets. VC/Torng said he would do his best to participate in the very fun City Birthday Party. He asked staff to place "Art in Public Places" on a future agenda for consideration. STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Public Hearing dates for future proiects. CDD/Fong stated that there is a public hearing for a Conditional Use Permit for a school and another PNC for Target to sell wine and there may another public hearings set for the April 24 meeting depending on how quickly projects are brought forward to the Planning Department. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. APRIL 10, 2007 PAGE 10 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nelson adjourned the regular meeting at 8:21 p.m. Attest: Respectfully Submitted, Nancy Fong C �mu ity Development Director teve Nelson, Chairman