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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 PLANNING COMMISSION MINUTES REGULAR MEETING GARY KUM GARY KUM GARY KUM JULY 2,2002 PAGE 2 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. PLANNING COMMISSION MINUTES REGULAR MEETING GARY KUM PHIL LOMBARD0 JULY 2,2002 PAGE 3 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 PLANNING COMMISSION MINUTES REGULAR MEETING JULY 2,2002 PAGE 4 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 PLANNING COMMISSION MINUTES REGULAR MEETING JULY 2,2002 PAGE 5 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 PLANNING COMMISSION MINUTES REGULAR MEETING DAVID NAZARYK DAVID NAZARYK JULY 2,2002 PAGE 6 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. PLANNING COMMISSION MINUTES REGULAR MEETING DAVID NAZARYK JULY 2,2002 PAGE 7 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 PLANNING COMMISSION MINUTES REGULAR MEETING JULY 2,2002 PAGE 8 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. PLANNING COMMISSION MINUTES REGULAR MEETING 7. PREARRANGED COMMUNICATIONS 8. ADJOURNMENT JULY 2,2002 PAGE 9 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: