HomeMy WebLinkAbout07/02/2002IRWINDALE COUNCIL CHAMBER
5050 N. IRWINDALE AVENUE
IRWINDALE, CALIFORNIA 91706 SEP 0 5 21102
JULY 2,2002
THURSDAY
6:30 P.M.
The ltwindale PLANNING COMMISSION met in a scheduled regular session at the above time and
place.
ROLL CALL
APPROVAL OF MINUTES
Present: Commissioners David Fuentes, Louis Bernal,
Ysidoro G. Burrola, Vice-Chair Arthur R. Tapia, Chair Rudy
Gallardo
Also present: Reuben Arceo, Planning Director; Vicente
Mas, Planning Associate; Kwok Tam, City Engineer; Fred
Galante, Deputy City Attorney, Cathy Huicochea, Planning
Secretary
Chair Gallardo opened the floor for approval of the minutes
from June 6. 2002.
MOTION: Chair Gallardo
SECOND: Vice-Chair Tapia
Ayes: Commissioner Bernal, Commissioner
Burrola, Commissioner Fuentes, Vice-
Chair Tapia, Chair Gallardo
1. SPONTANEOUS There were no speakers.
COMMUNICATIONS
2. BUSINESS ITEMS There were none.
3. DIRECTOR OF PLANNING There were none.
4. NEW PUBLIC HEARING ITEMS
A. CUP 3-02 - KAIMERA Planning Director Arceo briefed the Commission on the
ENTERPRISES, INC. proposed use before turning the presentation over to
Planning Associate Mas.
Planning Associate Mas began by noting that the applicant
is proposing to establish and operate a sit downltake out
restaurant in 1,830 square feet of vacant floor space in the
ltwindale Business Center at 4981 North lrwindale Avenue,
Suite 750. He provided a video presentation of the
proposed site and reviewed parking requirements. He
noted that the County's Building and Fire Departments
would need to approve all building plans and specifications
prior to the issuance of permits, and that the applicant
would be required to conform to the Conditions of Approval
as specified in the Resolution. He indicated that a
Negative Declaration was prepared and had been
circulated for the 20-day requirement prior to the Notice of
Public Hearing. He noted that to date, staff had not
received any written or verbal responses to the Notice of
Public Hearing or the Notice of Preparation for the
Negative Declaration. He mentioned that the site is
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GARY KUM
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JULY 2,2002
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adequate in size and shape and has adequate access to
major arterials. He added that the proposed activity would
not have any adverse effect upon adjacent properties. He
indicated that the Applicant does not plan to perform any
type of exterior work but would be making some interior
modifications with regard to tenant improvements. He
noted that the proposed hours of operation would be
Monday to Saturday, from 7:00 AM to 330 PM.
Vice-Chair Tapia asked if surrounding businesses would
be allowed to use a portion of the 18 parking spaces
designated for the restaurant, and if so, would this cause
any problems.
Planning Associate Mas replied that the site offers
sufficient parking to accommodate all the existing uses and
proposed uses as long as the ratio remains the same for
warehousing, manufacturing, and office uses. He noted
however, that should another use present itself, such as
another restaurant or a retail outlet, the site might have
trouble accommodating them.
Commissioner Fuentes asked if the Applicant would need
to come back to the Commission should the hours of
operation need to be increased.
Planning Associate Mas replied that the Applicant could
brief the Commission o n what h e foresees for the future
and the Commission could determine what hours of
operation would be appropriate based on those needs.
Chair Gallardo asked the Applicant if he would like to
address the Commission.
The Applicant, Mr. Gary Kum, President of KAIMERA
Enterprises Inc., introduced himself and indicated his
desire to o pen u p a restaurant i n the I rwindale Business
Center. He indicated that his primary focus would be to
cater to the business center itself and eventually to
surrounding businesses and the residential community.
Chair Gallardo asked if the Applicant would be responsible
for maintaining the upkeep of the outdoor dining area.
Mr. Kum replied that he would be responsible as part of the
lease agreement with Trammel1 Crow.
Commissioner Fuentes asked if smoking would be allowed
outdoors.
Mr. Kum replied that he would not promote outdoor
smoking. He indicated that he did not know what type of
state regulations were in place and what his rights were in
enforcing a non-smoking environment.
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PHIL LOMBARD0
JULY 2,2002
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Commissioner Fuentes asked legal counsel if regulations
were in place.
Deputy City Attorney Galante replied that the only state
regulation he knew of was for prohibiting indoor smoking.
He noted that some establishments designate separate
outdoor seating areas as a courtesy to its patrons. He
added that management has the ability to prohibit smoking
in outdoor areas altogether and that it would be at the
discretion of each individual establishment.
With regard to hours of operation, Deputy City Attorney
Galante noted that the proposed resolution did not include
any limitation on hours and indicated that if the
Commission wanted to impose time limitations, he
suggested that they be incorporated into the Conditions of
Approval.
Vice-Chair Tapia asked the Applicant if the hours of
operation proposed (7:OO AM to 5:30 PM) were adequate
and if he was considering expanding them in the future.
Mr. Kum replied that the proposed hours were an estimate
only and noted that he would be willing to expand them.
He indicated that he did not foresee being open any later
than 10:OO PM, even if a dinner menu was offered.
Chair Gallardo opened up the floor to public participation.
Phil Lombardo, with Trammel1 Crow, introduced himself
and spoke in support of Mr. Kum. He expressed the need
for more restaurants with the addition of more businesses
and visitors to the area. He mentioned that during
interviews with the Applicant, Mr. Kum indicated that his
intentions are to eventually be open for dinner. Mr.
Lombardo noted that all background checks on the
Applicant were positive and welcomed him to the
community.
Chair Gallardo closed public participation and opened up
the floor for a motion.
Vice-Chair Tapia motioned to approve the Applicant's
request with the stipulation that no entertainment be
allowed. He proposed that the hours of operation be set
from 5:00 AM to 10:OO PM seven days a week.
Deputy City Attorney Galante recommended that the
following Conditions be added before approving the CUP:
Section A
1) The use authorized by this conditional use permit is
for the operation of a restaurant. No entertainment
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activities shall be conducted without prior approval by
the Planning Commission.
12) Operating hours shall be limited from 500 AM to
10:OO PM seven days a week.
MOTION: Vice-Chair Tapia
SECOND: Chair Gallardo
Ayes: Commissioner Bernal, Commissioner
Burrola, Commissioner Fuentes, Vice-
Chair Tapia, Chair Gallardo
5. CONTINUED PUBLIC HEARING
ITEMS
A. TENTATIVE PARCEL MAP
1-02 - TRAMMELL CROW
CORPORATION
Planning Director Arceo provided a brief chronology of the
project and the developer, especially for those who were
fairly new to the Commission.
Deputy City Attorney Galante asked staff to point out on
the Tentative Parcel Map the areas affected by Phase Il-B
of the development and stated that before continuing,
members of the Commission who resided within a 500-foot
radius of this phase of the project would be conflicted out.
Chair Gallardo and Commissioner Burrola were conflicted
out due to the proximity of their residences to the subject
site.
Planning Director Arceo noted that the project was initially
presented in the Development Agreement as Phase I and
Phase II. He mentioned that the lots for Phase II were
initially undetermined and that substantial modifications
had since been made to the original Tentative Parcel Map.
He indicated that Trammel1 Crow is now proposing to
subdivide the remaining undeveloped 45-acre portion of
the lrwindale Business Park into 9 parcels, instead of the
original 18, with Parcel "A operating as a permanent
forebay water detention basin.
Planning Director Arceo mentioned that one of the big
issues in this case was how to address the storm water
runoff in a former pit; he also noted that this would be an
ongoing issue in the development of future pits. He
recapped that in April of this year, the Commission was
presented with a proposal to establish a percolation pond,
but the County rejected the concept. Instead, he stated
that plan modifications were made to establish a water
detention basin and a pump lift station to be situated in Lot
"A, replacing the percolation pond concept.
Planning Director Arceo stated that since this project was
noticed as a Tentative Parcel Map, he requested that the
Commission approve it contingent upon establishing a
special hearing on July 1 8th to consider recommending that
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the City Council approve an amendment to the
Development Agreement, reflecting the reduction of
parcels in Phase Il-B from 18 to 9.
Deputy City Attorney Galante summarized that the City's
concern was to have the Development Agreement reflect
what the property would look like upon completion of the
development. He noted that since the Development
Agreement stated that 18 parcels were proposed for this
phase, staff felt that the reduction to 9 parcels should go
through a Development Agreement amendment. Since the
amendment process would take time, he recommended
that the Applicant either:
1) proceed with the Tentative Parcel Map on the
condition that it is not effective unless the
amendment to the Development Agreement is
approved, or
2) pull all necessary permits for this phase of the project
contingent upon signing a waiver a liability stating
that the Applicant accepts the fact that the permits
will be issued up front in the hope that the
amendment to the Development Agreement is
approved.
Deputy City Attorney Galante further stated that the
permits would be considered invalid if the City Council
chooses not to approve the amendment.
Commissioner Fuentes asked if the well proposed for
Phase 1 would have any effect on the water detention
basin or the pump lift station.
Planning Director Arceo replied that the Valley County
Water District proposed to construct a well for the Phase I
area due to a plume of contamination in the ground water.
He noted that the Water District would be pumping the
contaminated water out and not allowing it to enter the
storm drain station. He indicated that the well and the
water detention basin were two separate systems and
were not linked in any way.
Planning Director Arceo noted that after discussions with
Public Works and the Chief of Police, Condition No. 22
was established under the Conditions of Approval for
Engineering and Public Works to construct a 40-foot wide
paved private roadway extending from 4th Street and
connecting to the cul-de-sac on Charter Street.
Planning Director Arceo explained that since the project
was consistent with the General Plan and the existing
Development Agreement, he requested that the
Commission recommend approval of Tentative Parcel Map
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DAVID NAZARYK
JULY 2,2002
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No. 25436 to the City Council, contingent upon the
Applicant proceeding with one of the two options
recommended by legal counsel.
Commissioner Fuentes noted that if the Commission were
to approve the Tentative Parcel Map, would the Applicant
be required to come back before the Commission should
the County declare that the water detention basinlpump lift
station does not meet size requirements.
Planning Director Arceo replied that since there are still
some indefinites with regard to the construction of the
water detention basinlpump lift station, a Lot Line
Adjustment may be necessary and would be approved
administratively. He then informed the Commission that
the Applicant was available to answer any questions.
Due to being conflicted out, Chair Gallardo passed the
hearing on to Vice-Chair Tapia.
Vice-Chair Tapia invited the Applicant to address the
Commission and to answer any questions.
David Nazaryk of the Trammell Crow Company, 3 Park
Plaza, Irvine, gave a brief summary of the project. Per the
new condition imposed, he emphasized that Trammell
Crow did not have a problem with constructing the private
roadway but asked that the Commission consider allowing
the roadway to also be used as a point of ingress and
egress and drive aisle for Lot 23.
Commissioner Fuentes asked if constructing a sidewalk
would be feasible.
Mr. Nazaryk replied that a sidewalk was not planned for as
part of the roadway construction. He mentioned, however,
that it was unusual for the City to request a 40-foot wide
roadway when the typical width throughout the County is
normally 27 to 28 feet. He offered to have two 5-foot wide
sidewalks constructed on either side of the roadway if the
Commission would be willing to consider shortening the
width to 35 feet.
City Engineer Kwok Tam noted that since the use for this
area is mostly warehousing, shipping, and receiving, he
believed that a 40-foot width was sufficient, and added that
in the event of an emergency, the Fire Department would
need to have adequate access to the roadway.
Vice-Chair Tapia asked if a study could be conducted to
determine if a sidewalk could be installed, as long as the
roadway width could be narrowed to 35 feet.
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JULY 2,2002
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Deputy City Attorney Galante replied that if the
Commission desired a sidewalk, a Condition could be
established which would require the Developer to construct
a 40-foot wide private roadway, unless the Fire
Department approves a 35-foot narrower road, in which
case a 5-foot wide sidewalk on both sides of the roadway
could be constructed.
Mr. Nazaryk indicated that ADA laws may require the
construction of at least one sidewalk entrance to Lot 23
from a public right-of-way for handicap access.
Per Vice-Chair Tapia's request, Deputy City Attorney
Galante suggested staff contact the Fire Department and
Police Department as to whether or not each would be
comfortable with narrowing the roadway to accommodate a
sidewalk.
Vice-Chair Tapia opened the floor to public participation.
Since there were no speakers, he closed public
participation and opened the floor for a motion.
Before a motion was made, Deputy City Attorney Galante
suggested that all new Conditions of Approval be read for
the record.
Planning Director Arceo stated that new Engineering and
Public Works Condition No. 22 should read as follows,
"The Applicant will be required to construct a 40-foot wide
paved private roadway extending from 4th Street and
connecting to the cul-de-sac on Charter Street to provide
emergency access to Lots 21,22,23 and to Lot A. The
private road shall be designed subject to the City
Engineer's approval."
With regard to the Planning Conditions, Deputy City
Attorney indicated that the word "Tract" in Condition No. 5
should be changed to "Parcel". He then stated that the two
new conditions should read as follows:
Condition No. 6
"The effectiveness of this Tentative Parcel Map is subject
to approval by the City and the Applicant of a phasing plan
for construction of the improvements described in the
Tentative Parcel Map in light of the County's approval of
the pump station and the forebay water detention basin."
Condition No. 7
"The effectiveness of this Tentative Parcel Map is subject
to the City Council's approval of an amendment to the
Development Agreement to describe the change in the
number of parcels. If the Applicant chooses to proceed
beforehand, a Waiver of Liability will need to be executed
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in favor of the City in a form to be approved by the City
Attorney."
Commissioner Fuentes motioned to approve Tentative
Parcel Map No. 25436 contingent upon the establishment
of all new Conditions and upon establishing a special
hearing on July 18'~ to address the amendment to the
Development Agreement.
MOTION: Commissioner Fuentes
SECOND: Vice-Chair Tapia
Ayes: Commissioner Fuentes, Vice-
Chair Tapia, Commissioner Bernal
Abstain: Chair Gallardo, Commissioner Burrola
5. COMMISSIONER INFORMATION Regarding ltem No. 5-A of the agenda, Chair Gallardo
asked how long it would be before the Overnight Vehicle
Parking Ordinance is brought back to the Commission.
Planning Director Arceo replied that a large mailing would
be distributed to the business community notifying them of
the proposed change of hours. He indicated that the
mailing would take about two weeks to prepare and run,
and the noticing and public hearing process would take
another 20 days since a Negative Declaration had been
established. He noted that the City Council was concerned
about the impact to the community and was looking to see
if any additional comments or issues were to arise with
respect to the expansion; he also indicated that the Police
Department had concerns about the ability to enforce the
expansion of hours. He stated that the whole process
would take approximately two months before being
brought back to the Commission.
Regarding ltem No. 5-E of the agenda, Chair Gallardo
asked staff to present a billboard survey to the
Commission addressing distances between billboards. He
had concerns about certain billboards being set too close
together.
Planning Director Arceo replied that a billboard survey
would be conducted in conjunction with this proposal and
would be included as part of the Staff Report when the
case is presented to the Commission.
6. COMMISSIONER COMMENTS1 Commissioner Fuentes noted that when speed bump
REQUESTS signs were installed along Peppertree Lane that gaps in
the concrete a round t he s ign p oles were left b ehind that
need to be filled in.
City Engineer Kwok Tam replied that he would have
Project Manager Edgar Rojas follow up with the contractor
to have the area cleaned up.
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7. PREARRANGED
COMMUNICATIONS
8. ADJOURNMENT
JULY 2,2002
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Vice-Chair Tapia indicated that more attention needs to be
placed on the large groups of teenagers that congregate
around the park late at night and to the amount of graffiti
on structures within the community. He suggested that the
police department become more involved in addressing the
problem.
Vice-Chair Tapia suggested that in order to stay more
community oriented, that a concept be considered which
would name streets or certain public facilities in the City
after families within the community whenever renovations
or new construction take place.
Planning Director Arceo replied that staff would pass this
request on to the Assistant City Manager who is involved
with the Park Master Plan so that the information can be
shared with the City Council.
City Engineer Kwok Tam suggested that anything having
to do with park improvements should be passed on to the
Parks and Recreation Commission for review and
consideration.
There were none.
At 9:05 p.m., Chairman Gallardo motioned to adjourn the
meeting to Thursday, July 18, 2002 at 6:30 p.m. to address
Amendment No. 1 to Development Agreement No. 99-2-
DA.
MOTION: Chair Gallardo
SECOND: Commissioner Fuentes
Ayes: Commissioner Bernal, Commissioner
Fuentes, Commissioner Burrola, Vice-
Chair Tapia, Chair Gallardo
ATTEST: