HomeMy WebLinkAbout06/24/1996PLANNING
COMMISSION
AGENDA
JUNE 24, 1996
7:00 P.M.
South Coast Air Quality Management District
Auditorium
21865 East Copley Drive
Diamond Bar, California
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Mike Goldenberg
.Toe Ruzicka
Franklin Fong
.Toe McManus
Don Schad
Copies of staff reports or other written documentation relating to agenda items are on file in the Community
Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection.
If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours.
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CITY OF DIAMOND BAR
PLANNING COMMISSION AGENDA
Monday, June 24, 1996
Next Resolution No. 96-8
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Mike Goldenberg, Vice Chairman Joe
Ruzicka, Franklin Fong, Joe McManus and Don Schad
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the Planning
Commission on any item that is within their jurisdiction, allowing the public an opportunity to
speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the
recording Secretary (Completion of this form is voluntary). There is a five minute maximum
time limit when addressing the Planning Commission.
3. CONSENT CALENDAR.
The following items listed on the consent calendar are considered routine and are approved
by a single motion. Consent calendar items may be removed from the agenda by request of
the Commission only:
3.1 Minutes of June 10, 1996
4. OLD BUSINESS: None
5. NEW BUSINESS:
5.1 Presentation by Joe Foust of Austin -Foust Associates Inc. regarding parking.
5.2 City Council referral regarding parking issues at 2707 South Diamond Bar Blvd. (Dr.
Cho's Bldg.).
RECOMMEDATION: To evaluate and consider information presented and
provide comments to City Council.
6. PUBLIC HEARING:
6.1 Variance No. 95-2, (pursuant to Code Section 22.56, Part 2), is a request to construct
four retaining walls (crib walls) with interjacent planters, within the rear portion of
the project site. The maximum proposed height of three retaining walls is eight feet
1
and one retaining wall is six feet. Additionally, this project includes Development
Review No. 96-1, (pursuant to Code Section 22.72.020), a request to construct an
8,334 square foot two story single family residence with a cellar, deck, pool/spa, and
four car garage. The project site is a 1.2 acre vacant lot located within a gated
community identified as "The Country Estates".
Project Address: 1729 Derringer Lane, Diamond Bar, CA 91765
Owner: Jeffrey and Eddy Hu, 933 Leyland Dr., Diamond Bar, CA
Applicant: Frank Piermarini, 2100 S. Reservoir, Pomona, CA 91766
ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the
California Environmental Quality Act (CEQA), the City has determined that this
project will not have a significant effect on the environment and a Mitigated Negative
Declaration No. 96-5 has been prepared.
RECOMMENDATION: Staff recommends that the Planning Commission approve
Variance No. 95-2, and Development Review No. 96-1, Findings of Fact, and
conditions as listed within the attached resolution.
6.2 Conditional Use Permit No. 96-4 and Development Review No. 96-8 is a request for a
roof mounted telecommunications antenna as part of a national wireless Personal
Communication Service (PCS) telecommunications system by Pacific Bell, which will
be part of a regional telecommunications network. The proposed antenna will be
screened from the view of the surrounding land uses by a single roof -mounted
structure, designed to resemble a clock tower and constructed of materials to match
the existing architecture. This structure will be approximately 22 square inches and
16 feet in height, 11 feet of which will be visible above the existing roof. This
proposal also includes an equipment cabinet which will be placed at ground level on
the southerly building elevation and painted to match the building.
Project Address: 21308 Pathfinder, Diamond Bar, Ca 91765
Owner: Terrell and Carol Ann Rinehart, P.O. Box 4428, Covina, Ca
91723
Applicant: Kent Norton, Keith International Companies, 22690 Cactus
Avenue, Moreno Valley, Ca 92553
ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the
California Environmental Quality Act (CEQA), the City has determined that this
project will not have a significant effect on the environment and a Mitigated Negative
Declaration No.96-3 has been prepared.
RECOMMENDATION: Staff recommends that the Planning Commission approve
Conditional Use Permit No. 96-4 and Development Review No. 96-8, Findings of
Fact, and conditions as listed within the attached resolution.
7. PLANNING COMMISSION ITEMS:
8. INFORMATIONAL ITEMS:
9. ADJOURNMENT: July 8, 1996
2
MINUTES OF THE
CITY
OF DIAMOND BAR
REGULAR MEETING OF
THE
PLANNING COMMISSION
JUNE
10,
1996
DRAFT
CALL TO ORDER:
Chairman Goldenberg called the meeting to order at 7:06 p.m. at the
South Coast Air Quality Management Auditorium, 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by
Chair/Goldenberg
ROLL CALL:
Present: Chairman Goldenberg, Vice Chairman Ruzicka,
Commissioners Fong and McManus.
Also Present: Community Development Director James
DeStefano; Senior Planner Catherine Johnson;
Assistant Planner Ann Lungu; City Engineer
George Wentz, and Recording Secretary Carol
Dennis.
Absent: C/Schad (arrived at 7:44 p.m.)
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of May 13, 1996.
VC/Ruzicka made a motion, seconded by C/McManus to
approve the minutes of May 13, 1996 as presented. The
motion was approved 4-0-1 with the C/Schad being absent.
2. Planning Commission Policies & Procedures Manual.
VC/Ruzicka made a motion, seconded by C/McManus to
approve the Planning Commission Policies & Procedures
Manual as amended.
CDD/DeStefano responded to C/Fong that the Planning
Commission Policies & Procedures Manual belongs to the
Planning Commission and the Commission may amend the
Manual at any time.
VC/Ruzicka, in response to C/Fong, stated the Planning
Commission has the implied authority to amend its own
Policies & Procedures Manual at any time in the future.
The motion was approved 4-0-1 with C/Schad being absent.
OLD BUSINESS - None
June 10, 1996 Page 2 PLANNING COMMISSION
NEW BUSINESS:
1. Amendment to Fiscal Year 1996-1997 Capital Improvement
Program (CIP).
CDD/DeStefano presented the amended Fiscal Year 1996-1997
Capital Improvement Program (CIP). Staff recommends that
the Planning Commission adopt Resolution No. 96 -XX
finding conformity with the General Plan and recommending
City Council Approval of the Fiscal Year 1996-1997
Capital Improvement Program (CIP).
VC/Ruzicka made a motion, seconded by C/Fong to adopt
Resolution No. 96 -XX finding conformity with the General
Plan and recommending City Council Approval of the Fiscal
Year 1996-1997 Capital Improvement Program (CIP). The
motion was approved 4-0-1 with C/Schad being absent.
PUBLIC HEARING:
1. Conditional Use Permit 96-5 and Development Review 96-4
is a request for a 2,472 square foot Kentucky Fried
Chicken Restaurant with drive-through service on a 24,498
square foot vacant site within the Country Hills Towne
Center on the west side of Diamond Bar Boulevard between
Cold Springs Lane and Fountain Springs Road in the City
of Diamond Bar.
Applicant: Bob Merriam, Carlson Design and
Construction Company, 2301 E. Winston
Road, Anaheim, CA 92806
SP/Johnson read the staff report into the record. Staff
recommends that the Planning Commission approve
Conditional Use Permit No. 96-5 and Development Review
No. 96-4, Findings of Fact and conditions as listed
within the Resolution.
Chair/Goldenberg declared the public hearing open.
Craig Clute, 21217 Fountain Springs Road, stated he
believes that the proposed restaurant will impact the
residential neighborhood. He suggested an "ingress only"
restriction on the Country Hills Towne Center driveway on
Fountain Springs Road between Diamond Bar Boulevard and
Cold Springs Lane. He indicated he would like the City
to place a three (3) ton truck limit on residential
streets in Diamond Bar. He asked if the property line of
the proposed KFC abuts Dr. Cho's property on the corner
of Diamond Bar Boulevard at Fountain Springs Road. He
requested to know the restaurant's hours of operation.
June 10, 1996 Page 3 PLANNING COMMISSION
He stated he would prefer the Country Hills Towne Center
not include another "fast food" type restaurant.
Mr. Merriam, representing the applicant, stated he read
the staff report and concurs with the conditions. He
further stated that in his opinion, Kentucky Fried
Chicken is a family style restaurant and not a "fast
food" restaurant.
Steve Nice, Rising Star Drive, indicated he is concerned
about the three (3) parking space shortfall. He stated
that in his opinion, there is not sufficient shared
parking at the north end of the shopping center to
accommodate overflow parking. He further stated he has
no objection to Kentucky Fried Chicken. However, there
should be adequate parking on premises. As an example,
he cited the inadequate parking for Dr. Cho's building.
He asked to know the restaurant's hours of operation. He
stated his concerns regarding potential odor emission
from the restaurant.
Chair/Goldenberg referred Mr. Nice to Kentucky Fried
Chicken's application to the City which contains
mitigation measures for potential emission of cooking
odors. He stated that the major percentage of cooking
odors will likely be contained within the building.
Mr. Merriam responded to Chair/Goldenberg that 50 percent
of the restaurant's customers use the drive-through
facilities, 25 percent take food off of the premises and
25 percent dine inside the restaurant. The busiest hours
of operation are from about 4:00 p.m. to 7:00 p.m.
Chair/Goldenberg closed the public hearing.
CDD/DeStefano responded to Chair/Goldenberg that he is
not aware of any agreement or obligation that Dr. Cho
must provide an ingress/egress from his lot to the
Country Hills Towne Center parking lot.
C/Schad arrived at 7:44 p.m.
In response to Chair/Goldenberg, CDD/DeStefano stated
that the issue regarding review of Dr. Cho's building
parking situation is the result of the mixture of uses
and the number of parking spaces that exist on the
property. Dr. Cho built the building, he owns the
building, his business resides in the building and he
manages the building. Dr. Cho is responsible for
insuring adequate parking spaces for the uses for which
he lets space in his building. This issue is a separate
and distinct issue from the Conditional Use Permit under
June 10, 1996 Page 4 PLANNING COMMISSION
consideration by the Planning Commission. The matter of
Dr. Cho's employees utilizing the Country Hills Towne
Center is a private issue between Dr. Cho and the
property management/owner of the shopping center. He
indicated the adjacent Burger King is 3500 square feet
with 18 on-site parking spaces. In addition to the on-
site parking spaces, The Burger King effectively shares
parking with the Country Hills Towne Center in accordance
with their lease agreement. Staff foresees a similar
shared parking situation between Kentucky Fried Chicken
and the shopping center.
Chair/Goldenberg reiterated his concern for lack of
parking availability on the north end of the Country
Hills Towne Center.
VC/Ruzicka stated he agrees with Chair/Goldenberg's
parking concerns.
Mr. Merriam responded to VC/Ruzicka that employees of
Kentucky Fried Chicken are encouraged to park away from
premises if the premises has a minimum amount of parking
and additional patronage parking is required. The grease
extractors prevent 94 percent of the particulates from
entering the atmosphere. The hours of restaurant
operation are from 10:00 a.m. to 11:00 p.m. as indicated
in the staff report.
VC/Ruzicka stated he would prefer to have another type of
restaurant locate at the proposed site. However, his
primary concern is whether the business conforms to the
City's standards. He reiterated that parking is his
primary concern.
Mr. Merriam responded to VC/Ruzicka that in general, a
fast food restaurant has an average ticket sale of $3.00
to $4.00. Kentucky Fried Chicken's average ticket sale
is about $8.00. He indicated that with the North Diamond
Bar Boulevard restaurant's high business volume (twice
the national average) he anticipates there would be no
more than five vehicles in the drive through lane at any
one time.
C/Schad stated his concerns regarding ample parking for
the facility. He indicated he is concerned about
additional delivery trucks on Fountain Springs Road as a
result of this business. He asked that the project
incorporate vegetation or foliage to mitigate the mass of
the building.
Mr. Merriam responded to C/Schad that a detailed
landscape plan has been submitted to the City which
June 10, 1996 Page 5 PLANNING COMMISSION
proposes 34 percent of the area be landscaped. The City
requires that 10 percent of the area be landscape. He
further responded that the applicant has agreed to comply
with the condition that their delivery trucks not use the
Country Hills Towne Center ingress/egress to Fountain
Springs Road. The facility's vent system grease
extractor will eliminate 94 percent of the particulates.
There will be no smoke emanating from the building
because KFC steams rather than charbroils its product.
He reiterated that the shopping center provides parking
spaces for this facility in excess of the City's
requirement. It is not uncommon to have shared parking
in a shopping center.
In response to C/McManus, Mr. Merriam stated diagonal
parking would exacerbate the parking situation rather
than improve it because spaces are lost. A 90 degree
parking space is the most efficient use of space. The
spaces at the north Diamond Bar KFC location are diagonal
to accommodate the narrow lot.
CDD/DeStefano responded to C/Fong that staff's position
is that there is an abundance of parking spaces
immediately adjacent to the proposed facility. The site
may be able to accommodate three additional spaces as a
result of replacement of the restaurant, reduction in
size of the drive-through aisle and/or a reduction in
size of the restaurant. The applicant could consider
reducing the size of the dining area or reducing the
amount of customer seating which would reduce the number
of parking spaces required and may eliminate the need for
the three additional parking spaces.
C/Fong stated he is not concerned about the three parking
spaces because, in his opinion, the shopping center will
accommodate additional parking for the facility. He
further stated he is concerned that another fast food
restaurant is going into Diamond Bar. He would prefer a
more upscale type of restaurant in the location.
CDD/DeStefano responded to C/Fong that a number of
restaurant operators have considered the proposed site.
The Country Hills Towne Center provides opportunity for
growth and synergy between the on-site entertainment and
the retail and restaurant opportunities. The average
household income in the City affords a great deal of
buying power. The site is somewhat constrained by
traffic. Other areas of Diamond Bar such as Grand Avenue
and Golden Springs Drive, Grand Avenue and Diamond Bar
Boulevard, and Diamond Bar Boulevard and the SR 60 would
appear to be stronger locations for traffic count and
density of people. The City is currently conducting an
June 10, 1996 Page 6 PLANNING COMMISSION
aggressive marketing campaign to fill these spaces with
restaurant and retail facilities. An attempt to hold out
the proposed RFC site for a full service restaurant would
not necessarily guarantee success. The proposed site has
been vacant for nearly 10 years and this applicant feels
they have the financial strength to support a facility in
this location. Staff believes this project fits into the
City's overall goal of furthering economic growth in the
community by generating additional jobs and sales tax
opportunities and recommends that the project be
approved.
C/Fong suggested the KFC employees be mandated to use the
southerly shared parking area. Mr. Merriam responded
that he would agree to such a condition.
Mr. Merriam responded to VC/Ruzicka that shared parking
is part of the lease agreement between Country Hills
Towne Center and Kentucky Fried Chicken.
C/McManus made a motion, seconded by VC/Ruzicka to
approve Conditional Use Permit No. 96-5 and Development
Review No. 96-4 with the following conditions: 1) The
restaurant employees shall park their vehicles in the
shared parking area south of the Country Hills Towne
Center's main entrance on Diamond Bar Boulevard; and 2)
the applicant shall provide landscaping to obscure the
view of the restaurant from Diamond Bar Boulevard. The
motion was approved 5-0.
2. Tentative Parcel Map No. 22102(1) Extension of Time - A
request for a one year extension of time for an approved
parcel map which subdivides a 4.39 acre parcel into two
lots, 3.5 and .89 acres, located at 1575 Valley Vista
Drive in the City of Diamond Bar.
Applicant: Patricia Duke, Specialty Equipment Market
Association (SEMA), 1575 S. Valley Vista
Drive, Diamond Bar
CDD/DeStefano read the staff report into the record.
Staff recommends that the Planning Commission recommend
that the City Council approve the Extension of Time for
Tentative Parcel Map No. 22102(1), Findings of Fact and
conditions as listed within the resolution.
Chair/Goldenberg declared the public hearing open.
Seeing no one who wished to speak on this item,
Chair/Goldenberg closed the public hearing.
June 10, 1996 Page 7 PLANNING COMMISSION
C/Schad made a motion, seconded by VC/Ruzicka to
recommend that the City Council approve the Extension of
Time for Tentative Parcel Map No. 22102(1), Findings of
Fact and conditions as listed within the resolution. The
motion was approved 5-0.
PLANNING COMMISSION ITEMS:
C/McManus thanked staff for promoting the City's economic
development.
C/Fong asked for an update regarding resolution of the Shell Gas
Station sign compliance on Brea Canyon Road at Diamond Bar
Boulevard. SP/Johnson responded she will be contacting the owner
to discuss the matter.
CDD/DeStefano stated that the Planning Commission will be reviewing
the Sign Code as part of the Development Code process.
C/Schad asked that the Tree Ordinance discussion be accelerated.
He cited the development of Brea Canyon Road. CDD/DeStefano
responded that staff intends to schedule drafting of the Tree
Ordinance as a priority. He further responded to C/Schad that the
Arciero project was previously approved by the City Council and
will not be subject to the new Tree Ordinance.
VC/Ruzicka recommended that the Commission formulate a matrix
listing the Planning Commission's goals and priorities for the next
fiscal year and beyond, as well as for the next five, ten and
twenty years. He further recommended that the matrix be reviewed
on a quarterly basis, and that a status report be forwarded to City
Council. He stated the matrix would allow the Planning Commission
to focus on its goals and responsibilities in a concise manner as
indicated in the Commission's newly adopted Policies & Procedures
Manual. He requested staff's assistance in the prepararation of a
matrix model to include goals for future Planning Commission
meeting agenda items. He suggested that the list of goals adhere
to the mandates of the General Plan.
Chair/Goldenberg stated he is concerned about the number of
variances being approved by the City. He further stated that in
his opinion, variances should be the exception rather than the
rule. He suggested the management of the Country Hills Towne
Center should consider a better balance of development between the
north and south portions of the center.
Chair/Goldenberg stated that the Walnut Sheriff's Station Open
House will be held Saturday, June 15. The City's Town Hall meeting
will be at Heritage Park, June 22 from 9:00 a.m. to 12:00 noon.
June 10, 1996 Page 8 PLANNING COMMISSION
INFORMATIONAL ITEMS:
CDD/DeStefano reported on the following items.
CDD/DeStefano stated that as Hearing Officer for the Administrative
Development process he approved two projects this evening: a 500
square foot addition to an existing 2700 square foot home and
construction of a 2000 square foot guest house at 2142 Indian Creek
Road; and interior and exterior modifications to the existing
Chunky Cheese Restaurant on Brea Canyon Road north of Pathfinder
Road. He further stated that City Council approved the contract
and the City has entered into an agreement with Urban Design Studio
for crafting the City's Development Code. Staff recommends that
the Planning Commission host a joint meeting discussion which would
include City Council, other City Commissions and the general
public.
The matter of parking for Dr. Cho's building at the corner of
Diamond Bar Boulevard and Fountain Springs Road has been referred
to the Planning Commission for discussion and recommendation to the
City Council. Staff will present a report at the June 24 Planning
Commission meeting.
Staff and members of the City Council attended an International
Conference of Shopping Centers seminar in Long Beach designed to
assist small shopping center owners and developers in developing
and maintaining their shopping centers. Staff and City council
members took advantage of the opportunity to market the City's
vacant spaces.
The City remains involved in organizations outside its boundaries
in order to get its fair share of available grants and funding.
Council Member Werner will serve as Chairman of the East San
Gabriel Planning Committee effective July 1, 1996. Staff will
serve as Treasurer of the organization. CDD/DeStefano will begin
serving as Chairman of the San Gabriel Valley Council of
Governments Planning Directors Committee effective June 11, 1996.
June 10, 1996 Page 9 PLANNING COMMISSION
ADJOURNMENT:
At 9:02 p.m., there being no further business to come before the
Planning Commission, Chair/ Goldenberg adjourned the meeting to June
24, 1996.
Respectfully Submitted,
James DeStefano
Community Development Director
Attest:
Michael Goldenberg
Chairman
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: James DeStefano, Community Development Direc
SUBJECT: Agenda Item No. 5.1: Parking Study Presentation
By Austin -Foust Associates, Inc.
DATE: June 20, 1996
A matter on the agenda (Item 5.2) involves parking issues within a
commercial center. In order to provide a foundation for the
specific parking issues discussion, Mr. Joe Foust will provide a
presentation regarding parking.
Attached is an outline for Mr. Foust's presentation.
OUTLINE OF PARKING STUDY PRESENTATION
CITY OF DIAMOND BAR PIANNING COMMISSION MEETING
L INTRODUCION
Qua rwaWns and experience of Mr. Joe Foust, PX—
IL PURPOSE OF PRESENTATION
Parlrang studies for tate lay person
HL PARKING STUDIES IN THE 9lYs
State of the an
IV. TYPICAL USES
Whorc current parking information is rchable
V. TYPICAL USES
Where pig rates vary or state of the art is limited
VL SCOPE OF WORK FOR A TYPICAL PARKING STUDY
VII. SUMMARY
VIII OURST70N AND ANSWERS
Agenda Item 6.1 —Variance No. 95-2 1729 Derringer
Staff Report and attachments in project file.
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: Catherine Johnson, Senior Planner
SUBJECT: Agenda Item 6.2, CUP 96-4, DR 96-8, Cellular Antennas for
21308 Pathfinder Road
DATE: June 20, 1996
The staff report for the above mentioned agenda, item will be delivered to the Planning
Commission on Friday June 21, 1996 under a separate cover
This project proposes the installation of cellular antennas on the roof of an existing
office building. The staff recommended action, contained within the resolution will
include conditions to insure that the antennas are enclosed within a screening structure
designed to resemble a clock tower that harmonizes with the building's architecture.
The applicant has installed a "mock up" of the unscreened, bare antennas on the roof
of the office building and is requesting that the Commission visit the site to see the
antennas as they would appear without the recommended screening.
Agenda Item 6.2 — CUP No. 96-4,_ DR No. 9.6-8, 21308 Pathfinder
Staff Report and attachments in project file.
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