HomeMy WebLinkAbout06/23/2015 MinutesMINUTES OF OF DIAMOND
MEETING OF THE PLANNING ,
JUNE 2332015
CALL TO ORDER:.
Chairwoman Ruth Low called the meeting to order at 7:00 p.m. in the City Hall Windmill
Room, 21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: VCIPirritano led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Frank Farrago, Bob Nishimura,
Vice Chairman Peter Pirrita.no and Chair Ruth Low
Absent: Commissioner Jennifer "Fred" Mahlke was
excused.
Also present: Greg Gubman, Community Development Director;
James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; Josue Espino,
Assistant Planner; Natalie T. Espinoza, Assistant Planner; and Stella Marquez,
Administrative Coordinator.
2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS. None
3. APPROVAL OF AGENDA: As presented
4. CONSENT CALENDAR;
4.1 Minutes of the Regular Meeting of May 26 2015.
C/Farago moved, VCIPirritano seconded, to approve the Minutes of the
May 26, 2015, Regular Meeting as presented. Motion carried by the following
Roll Call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
5. OLD BUSINESS
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
6. NEW BUSINESS: None
Farago, VCIPirritano, Chair/Low
None
Nishimura
Mahlke
JUNE 23, 2015 PAGE 2 PLANNING COMMISSION
7. PUBLIC HEARING(S):
7.1 Conditional Use Permit No. PL2015-74 — Under the authority of Diamond
Bar Municipal Code (DBMC) Section 22.58, the applicant requested a
Conditional Use Permit to allow the sale of beer and wine for off-site
consumption at an existing Circle K convenience store/Mobile service station.
The subject site is zoned Office Professional (OP) with an underlying General
Plan land use designation of Commercial Office (CO).
PROJECT ADDRESS
PROPERTY OWNER
504 N. Diamond Bar Boulevard
Diamond Bar, CA 91765
Circle K Stores, Inc.
255 E. Rincon Street #100
Corona, CA 92879
APPLICANT: Ahmad Ghaderi
A & S Engineering
28405 Sand Canyon Road, Suite B
Canyon Country, CA 91387
APIEspino presented staff's report and recommended Planning Commission
approval of Conditional Use Permit No. PL2015-74.
Chair/Low asked how far the Global Mission Church is from the project site
and APIEspino responded that it was approximately 350 feet from property
line to property line. Chair/Low asked if 350 feet was considered sufficient to
avoid an adverse effect and APIEspino said there is no metric in the
Development Code to gauge what is and what is not appropriate; however,.
this is one of the factors staff considered under "sensitive use." There are no
outdoor playgrounds for the church facility and all activities are conducted
indoors. All beer sales and activities associated with the convenience store
will be conducted indoors and staff felt it was appropriate given the situation
and proximity of both properties.
Chair/Low asked the Planning Commission's basis for adopting the Sheriff's
analysis that this is not a "high crime" rate area as opposed to adopting the
ABC's analysis that it is a "high crime" rate area. APIEspino said that the
Sheriff's Department has boots on the ground and the City gets their stats
directly from people reporting directly to the Sheriff's Department which would
be deemed more reliable than statistics the City receives from ABC which
generally are generated from FBI stats routed through a police reporting
agency. In this situation the City consulted with the Sheriffs Department,
JUNE 23, 2015
PAGE 3 PLANNING COMMISS11001
showed them the floor plan and the location where the wine sales would take
place and based on their analysis, concluded that they had no objection and
that this was actually a low -crime district. In short, the City relies heavily on
the LA Sheriff's Department more so than on ABC's data.
C/Nishimura interjected that the ABC, report defines the reporting district as
"high crime" because it has over 120 percent of the reported crime rate as
compared to the rest of the reporting districts (RD;s) in the area and when
speaking about crime they are usually talking about Part 1 crimes which
include theft and when one looks at the makeup of that reporting district it is
along high traffic areas and it is the connector for the two freeways. There are
several multi -family properties with dense populations so any theft contributes
to that crime rate. The overall crime rate in Diamond Bar is extremely low
when compared to other -cities and jurisdictions that the Sheriff's patrols,
therefore, the City's threshold for ABC deems a high crime rate is actually very
low and a lot of other cities and communities would envy having the crime rate
that this RD 2920 enjoys. He totally agrees with the- Sheriffs and staff's
assessment that this is a "low crime" rate area and there is no metric issue as
the Sheriff's Department reported to make this a high crime rate area. The
entire City enjoys a low crime rate but the project location happens to be within
an area with higher calls -for -service and one of the higher Part 1 crimes
because of the composition of the RD.
C/Farago referred to the Resolution, Attachment 1 Condition "periodic review
of the CUP" and asked how often and what causes the review. AP/Espino
said it could be subject to police reporting or calls for service if staff becomes
aware of constant or consistent nuisances or acts of vandalism or loitering that
is attributed to the sale of alcohol and is something that could be called back
to the commission. ClFarago said that rather than a regular review it would be
based on cause and effect to which APIEspino responded "correct." There is
no threshold that would trigger the review so it is at the discretion of the City
to bring it back for review.
C/Nishimura asked if it was correct that no single cans of beer are allowed as
part of the conditions and that beer must be sold in packs of four or more and
that wine cannot be sold in a container smaller than a 750 milliliter container
unless in a multi -pack and AP/Espino responded that C/Nishimura was
correct.
Chair/Low opened the public hearing.
Ahmad Ghaderi, A & S Engineer on behalf of Circle K thanked AP/Espino for
the great job that he has done working on this project and helping the applicant
JUNE 23, 2015
PAGE 4 PLANNING COMMISSION
and property owner through this process. As AP/Espino indicated, this is a
small area of less than 1,000 square feet. This is a corporate facility. Circle K
has a tremendous history of having a great quality and high standard for
ongoing training for cashiers, managers and operators of these facilities.
There are many such facilities in LA County and in neighborhoods surrounding
Diamond Bar where such products are sold. Circle K has a good history of
being compliant. Mr. Ghaderi said that he and the property owner read and
concur with the project's conditions of approval.
Chair/Low closed the public hearing.:'
C/Nishimura moved, VCIPirritano seconded, to approve Conditional Use
Permit No. PL2015=74, based on the Findings of Fact, and subject to the
conditions of approval as listed withln'the Resolution.
Motion carried by the following Roll Call vote: ---------------------
AYES: COMMISSIONERS: Farago, Nishimura, VCIPirritano,
Chair/Low
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mahlke
7.2 Development Review and Minor Conditional Use Permit No. PL2014-236
— Under the authority of Diamond B-ar'Municipal Code (DBMC) Sections 22.48
and 22.56, the applicant requested'Development Review approval to construct
an addition consisting of 1,143 square feet of living space and a 1,002 square
foot garage to legalize 398 square feet of existing below grade storage rooms;
and to convert an existing 806 square -foot garage into livable space at an
existing 3,639 square foot single family residence on a 1.73 gross acre (75,358
gross square foot) lot. A Minor Conditional Use Permit was requested to allow
a second story addition to an existing `nonconforming structure with a 24 foot-
s inch (24' 5") front setback where 30 feet is required. The subject property is
zoned Rural Residential (RR) with a consistent underlying General Plan land
use designation of Rural Residential.
PROJECT ADDRESS: 22741 Ridgeline Road
Diamond Bar, CA 91765
PROPERTY OWNER: Anshuman Kumar
22741 Ridgeline Road
Diamond Bar, CA 91765
2015JUNE 23, i .... •
APPLICANT: Pete Volbeda
150 N. Benson Avenue
Upland, CA 91786
AP/Espinoza presented staff's report and recommended Planning
Commission approval of Development Review and Minor Conditional Use
Permit No. PL2014-236, based on the Findings of Fact, and subject to the
conditions of approval as listed within the resolution.
Chair/Low said she visited the site which is difficult because it is a steep grade
from the street level to the garage. In looking at the plan and photos it appears
the front door remains and in the front there are three or four different levels.
AP/Espinoza agreed and explained that the house will be built on different
levels (split floors) so the existing front entrance will remain and the proposed
first floor will be located in the existing backup area for the existing garage.
Chair/Low asked if that was an aesthetically acceptable design feature and
AP/Espinoza said that it was. Staff has no problem with the design and it is
an existing site.
Chair/Low opened the public hearing.
Pete Volbeda, Architect, said as Chair/Low pointed out it is dangerous to drive
from the street down to the present garage which is the main reason for putting
the garage on the same level as the street in addition to enlarging the house
to provide additional room"for the family.
Chair/Low reiterated that she felt it was a difficult site.because it is so steep
and so close to the street.
Chair/Low closed the public hearing.
VC/Pirritano moved, C/Nishimura seconded, to approve Development Review
and Minor Conditional Use Permit No. PL2014-236, based on the Findings of
Fact, and subject to the conditions of approval as listed within the resolution.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Farago, Nishimura, VC/Pirritano,
Chair/Low
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Mahlke
JUNE 23, 2015 PAGE 6 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTSIINFORMATIONAL ITEMS:
C/Nishimura congratulated the Diamond Bar Girls Softball 12U Gold Team who won
the Chino Hills tournament with 15 teams in their division. This is the first time in his
memory that they have won the Chino Hills tournament and he wished them luck at
their district tournament next week which will hopefully get them a berth to the state
tournament. He thanked the Parks and Recreation committee for helping with the
Fathers' Day Tournament during which more than 42 teams were hosted. He thanked
the Council Members and Mayor who visited the tournament site. He thanked the
City for taking care of the mosquito problem in the standing pools of water which he
noticed on his hike in Sycamore Canyon. He felt that residents were not fully aware
of the City's Vector Control service and thanked the City for providing such little
known services that really help the citizens.
C/Farago said he attended the City Council meeting to listen to the T -Mobile appeal
and he was very impressed with the organization from staff and from the residents.
He had never experienced such a well put -together presentation to rebut the appeal.
Residents were very organized, very concise and very comprehensive in their
presentations which left no room for argument and the Planning Department and the
residents did an outstanding job.
VC1Pirritano reported on Golfing for the Kids was a very successful day which was
hosted by his foundation and rotary club. The event raised a net $35,000 after
expenses for scholarships for the children. Congressman Royce, the Clippers
Cheerleaders and others attended and it was a great day.
Chair/Low thanked staff for a great job and for their good work. The Willow Heights
Development and the City's Beautification projects are moving forward.
9. STAFF COMM ENTSIINFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
CDDIGubman said there will be a three-week break until the next scheduled
meeting of July 14. Two items are slated for that agenda, both of which call
for another site visit to The Country for new single-family homes. He wished
everyone a safe and enjoyable 4th of July.
JUNE 23, 115 PAGE 7
PLANNING COMMISSION
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Low adjourned the regular meeting at 7:32 p.m.
The foregoing minutes are hereby approved this 14th day of July, 2015.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Peter Pirritano, Vice Chairperson