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HomeMy Public PortalAboutMinutes - 2000/04/11 - Regular" " " PLANNING COMMISSION MINUTES APRIL 11, 2000 INITIATION: 1. CALL TO ORDER Pursuant to the Agenda posted April 7, 2000, Vice - Chairman Zovak called the meeting of the Planning Commission to order at 7:30 p.m. on Tuesday, April 11, 2000. 2. PLEDGE OF ALLEGIANCE TO THE FLAG 3. ROLL CALL: Present: Commissioners - Arrighi, Griffiths, Seibert, Zovak Commissioner Seibert moved to excuse Chairman Capra for cause, seconded by Commissioner Griffiths, and unanimously carried. Also Present: City Attorney Martin, Community Development Director Dawson and Associate Planner Williams 4. TIME FOR THOSE IN THE AUDIENCE WHO WISH TO SPEAK: 5. CONSENT CALENDAR: A. APPROVAL OF MINUTES - Meeting of March 28, 2000 Commissioner Seibert moved to approve the seconded by Commissioner Griffiths, carried. 6. UNFINISHED BUSINESS: A. Continued Public Hearing: Site: Property Owner/ Applicant: Architect: None Consent Calendar, and unanimously MODIFICATION OF CONDITIONAL USE PERMIT 99- 1400 /ZONE VARIANCE 00 -1410 9070 LAS TUNAS DRIVE YO LEI LAI 13745 REDLANDS BLVD. MORENO VALLEY, CA 92555 GARY WANG & ASSOCIATES, INC. 573 MONTEREY PASS ROAD, UNIT C MONTEREY PARK, CA 91754 Planning Commission Minutes April 11, 2000 Page 2 Request: A MODIFICATION OF A CONDITIONAL USE PERMIT AND ZONE VARIANCE REQUEST FOR A PROPOSED RESTAURANT AND RETAIL BAKERY AS THE MAIN TENANT IN ADDITION TO OFFICE SPACE WITHIN A TWO -STORY COMMERCIAL BUILDING; THIS REQUEST WOULD MODIFY A PREVIOUS SUBMITTAL; IT WOULD EXTEND THE HOURS OF OPERATION AND PERMIT OUTSIDE DINING WITH A TOTAL OF 39 PARKING SPACES; THE SUBJECT SITE IS LOCATED IN THE WEST COMMERCIAL (WC) DISTRICT OF THE DOWNTOWN SPECIFIC PLAN AREA. Director Dawson summarized the Staff report dated April 11, 2000 and indicated that Conditions 4 and 5 had been changed to require a new access driveway off of Sultana and a raised landscape divider between the new driveway and Lyledale. He stated that Condition 3 was also modified to recommend that the business hours be between 6:00 a.m. and 10:00 p.m. on weekdays and 6:00 a.m. and midnight on weekends. Commissioner Seibert inquired how close the proposed driveway cut would be to the curb and whether or not it would affect traffic flow. Director Dawson stated the traffic engineer had reviewed the plans and commented that it was not an "ideal" situation but that it was workable. Commissioner Seibert inquired as to whether the parking spaces would be affected and whether or not parking off of the easement street would still be available. Director Dawson stated that they would not be affected and parking off of the easement street was available. He also recommended a condition be added that the parking directly off of the easement street should be for employees only as they were difficult spaces to get in and out of. Vice - Chairman Zovak stated if there were a driveway entrance off of Las Tunas, then patrons could elect to bypass Sultana and turn into the parking lot along Las Tunas. • • Commissioner Seibert inquired as to the feasibility of a 0 one -way parking lot entering from Las Tunas and exiting onto Sultana. " " " Planning Commission Minutes April 11, 2000 Page 3 Director Dawson stated that issue was not addressed by the traffic engineer but that his opinion would be that a one - way parking lot might create too much confusion and it would be better to accommodate both ingress and egress at both locations. Commissioner Arrighi inquired as to whether there was a turning island in the middle of Las Tunas. Director Dawson stated that there was further down on Las Tunas west of Sultana. City Attorney Martin inquired as to whether the divider as proposed would be located on the private street or on the property. Director Dawson stated that it would be on the Applicant's property but within the easement area. City Attorney Martin inquired as to whether the divider would block a portion of the private street. Director Dawson stated the easement area would be restricted. City Attorney Martin inquired as to if the divider were moved north until it was off of the private street, would it interfere with the driveway and the back -out turning radius of the parking stalls. Director Dawson stated it would reduce the turning radius down to 16 feet and the requirement is 25 feet. Commissioner Griffiths stated that there was adequate turning radius for the parking places as indicated on the north of the sketch but moving the divider outside of the easement would cut the turning radius down and it would be too small. City Attorney Martin stated that he was concerned about ordering an improvement on a private street. Commissioner Griffiths stated that he was of the opinion that the residents along Lyledale would prefer to have the divider. There being no further discussion among the Commissioners, Vice - Chairman Zovak opened the public hearing and invited interested parties to come forward to speak on the matter. Planning Commission Minutes April 11, 2000 Page 4 Gary Wang, Architect, 573 Monterey Pass Road, Unit C, Monterey Park proceeded to clarify the markings on the plans with regard to the easement. Director Dawson stated that he had visited the site earlier in the day and did not find any survey marks. He inquired of Mr. Wang whether or not the property had been surveyed at all. Mr. Wang stated he had submitted an A.L.T.A. Survey map to the City for their review. Vice- Chairman Zovak inquired as to whether Mr. Wang had read the revised conditions and whether they were acceptable to him. Mr. Wang stated that he had read the conditions and that they were acceptable. Director Dawson stated that there were still some unknowns with regard to the project. He suggested if the Commission were going to approve the project, that they should do so on the contingency that Mr. Wang submit a survey of the property showing the alignment with the existing driveway curb cut and Lyledale Street and the neighboring properties. City Attorney Martin inquired as to whether the extension on the property line was subject to the easement. Commissioner Griffiths stated that it was not, that it was within the area covered by the easement. Commissioner Arrighi inquired as to whether the title stated that there should be no structures over the easement. Commissioner Griffiths stated that he did not do a survey but in reading the descriptions, the extension would be within the easement area. Vice - Chairman Zovak inquired as to whether, going back to the original proposal, the additional landscaping continuing east would encroach upon the easement. Commissioner Seibert stated that, yes, it appears that the parking and everything would encroach upon the easement. • • • " Planning Commission Minutes April 11, 2000 Page 5 " " Commissioner Seibert moved to close the public hearing, seconded by Commissioner Arrighi, and unanimously carried. Vice - Chairman Zovak suggested continuing the public hearing as there were several questions that remained unanswered concerning the project. Commissioner Griffiths inquired of City Attorney Martin whether there would be a legal problem if the development did not interfere with the ingress or egress of the property since the easement did not say it had to be clear and open all the way. City Attorney Martin stated there were many unanswered questions and he could not comment until more information was ascertained. Director Dawson suggested continuing the public hearing or alternatively granting approval subject to the condition that a survey be submitted providing for a delineation between the restaurant property and the residential properties to the south, subject to either Staff review or Commission review. Vice - Chairman Zovak stated for the record that Commissioner Griffiths had been a surveyor for 35 years and it was for that reason that he was speaking on behalf of the Commission regarding the easement issue. Mr. Wang suggested widening the driveway and putting up a sign that said "Restaurant Parking." City Attorney Martin suggested having a one -way parking lot. Mr. Wang stated that a one -way parking lot would create too much confusion. Commissioner Griffiths stated that with the planter in place there would only be a nominal distance of 25 feet for turning radius. Director Dawson clarified that there would only be 18 feet. Mr. Wang inquired if he could resolve the problem so as to have enough room where there would be no encroachment into the easement area whether he would still need to include a planter in the design of the parking lot. Planning Commission Minutes April 11, 2000 Page 6 Commissioner Seibert stated that the purpose of the planter was to prevent restaurant patrons from using Lyledale. Mr. Wang suggested another alternative would be to move the building five feet to the front property line. Director Dawson stated that Staff would not like to see the building too close to the property line and he would not want to see the architectural design of the building dictated by the access problem. City Attorney Martin stated that the issue with the easement could be resolved with consent from the residents on Lyledale. Director Dawson stated that one issue to keep in mind was that the residential uses served by Lyledale were located within the Downtown Specific Plan Area, which meant that they were legal nonconforming residential uses in a commercial zone. City Attorney Martin inquired as to how many homes were actually located on Lyledale. Director Dawson stated there were between 8 -10 homes with two having access from Noel. Vice - Chairman Zovak inquired of Director Dawson as to what the options were with respect to the easement situation. Director Dawson stated that the entire area was in a commercial zone and it may be difficult to restrict new development in order to accommodate legal nonconforming structures. He suggested that the Planning Commission grant approval subject to review by the Commission of ingress and egress off of Sultana at a later time when a survey was submitted by Mr. Wang or to continue the matter until the problem was resolved. Commissioner Arrighi stated that he would support Staff's recommendation in approving the project contingent upon all parties resolving the issue of the property line and where the street actually lies. Commissioner Seibert stated again that the residents were in a commercial zone and that he would like to see the residents agree to the use but he did not see how the Commission could deny Mr. Wang the use of this property to complete his proposed project. • • • " Planning Commission Minutes April 11, 2000 Page 7 Commissioner Griffiths stated that he would like to see the island go in to keep traffic off of Lyledale and he would like to see the residents approve of such condition. Alternatively, he stated that he would be in favor of approving the project without the island, with a larger driveway onto Sultana. He stated the single driveway as currently proposed would not be adequate. Commissioner Griffiths reiterated that agreement between the residents and the restaurant owner would need to be reached but that he did not believe the City needed to require such an agreement. He stated that if agreement was not reached, that he would still be willing to approve the project; that the restaurant owner had the right to utilize their property. Vice - Chairman Zovak concurred. City Attorney Martin clarified that the Commission was approving the Resolution as drawn with the understanding that the barrier to be inserted is recognized as an installation on a private street which will require the consent of the owners of the reciprocal easements and that would be a continuing offer on the part of the developer to install such barrier at such time as he does have such consent. If consent is not obtained, then there would exist individual and private rights regarding the use of Lyledale. Director Dawson inquired as to whether City Attorney Martin was making the three - foot -wide separation a requirement. City Attorney Martin stated that the City could not impose that requirement on private property, that it would be up to Mr. Wang to get consent from the residents. If he could not, there would be a condition that it would be an ongoing offer once the residents saw how much traffic was coming onto Lyledale. He further stated that if consent is not obtained now, that Lyledale would be an open area to be used by everyone until such time as consent is obtained. Vice - Chairman Zovak clarified that City Attorney Martin was giving the Applicant first option to pursue the diagram as presented and ,if not, that the double -wide driveway would be sufficient. Planning Commission Minutes April 11, 2000 Page 8 Commissioner Griffiths moved to approve the Zone Variance and Conditional Use Permit as described along with the Negative Declaration and the conditions of resolving the access problem with consent. Commissioner Seibert seconded the motion, and it was unanimously carried. Vice - Chairman Zovak stated that the project had been approved subject to the conditions which had been discussed and it may be appealed to the City Council within 10 days. City Attorney Martin clarified that the barrier would be put in unless the residents objected to it. In that case, the barrier could not be put in but there would be a continuing offer on the part of the applicant to install the barrier at such time as the residents did consent. • Mr. Wang inquired as to how he should go about acquiring and documenting the consent of the residents. City Attorney Martin stated the means used to obtain the 411) consent would be left up to Mr. Wang. Vice - Chairman Zovak clarified that at this time Mr. Wang would need to put forth some effort to obtain consent from the residents; if he could not do so, then he would need to inform the Planning Department. 7. NEW BUSINESS: A. DISCUSSION: Site: Applicant/ Property Owner: Architect: CONDITIONAL USE PERMIT 00 -1412/ ZONE VARIANCE 00 -1413 9010 BROADWAY AVENUE EQUILON, LLC. ATTN: DOUG ELSTON 2255 NORTH ONTARIO STREET, #207D BURBANK, CALIFORNIA 91504 -3120 ARCHITEKTON ATTN: JEFF T. CHESS 200 NORTH VICTORY BOULEVARD BURBANK, CALIFORNIA 91502 • Planning Commission Minutes 9 April 11, 2000 Page 9 • • Request: A REQUEST FOR A CONDITIONAL USE PERMIT AND ZONE VARIANCE TO ALLOW THE ESTABLISHMENT OF AN AUTOMATIC CAR WASH AND QUICK SERVICE RESTAURANT (QSR) AT AN EXISTING SERVICE STATION AND FOOD MART WITH A TOTAL OF 9 PARKING SPACES (INSTEAD OF THE REQUIRED 18 PARKING SPACES); THE SUBJECT SITE IS LOCATED AT 9010 BROADWAY IN THE HEAVY COMMERCIAL (C -3) ZONE. Community Development Director Dawson stated public notices had been sent to property owners within 500 feet of the subject site and summarized the Staff report dated April 11, 2000. Associate Planner Williams showed and narrated the videotape of the subject property. Director Dawson also pointed out that the oil delivery trucks occupy quite a large area and will take up available parking as well as impacting the entire property. Jeff T. Chess, Architect for Shell Oil, thanked Director Dawson and Associate Planner Williams for their help in getting the project before the Commission so rapidly and went on to further explain the proposed project. One concept that he spoke of was the need for there to be other types of businesses on gas station sites now to generate more profit because profit margins were down on the sale of gasoline alone. Mr. Chess went on to explain that they would be using the grab- and -go concept with regard to the QSR and they had no intention of having a sit -down area for eating. With regard to the hours of operation, he stated that while the application asked for 24 -hour operation, this particular QSR would not serve breakfast; therefore, the hours of operation would more than likely be 11:00 a.m. to after - dinner hours. As far as parking, he stated that the fueling stations did represent eight additional parking spaces where people would pull up, get gas and run in and grab a food item. He thanked Staff for acknowledging these as parking spaces and said he realized that they were just one space short of the required nine. Mr. Chess explained that the car wash was something very different than what was across the street. He said this car wash was designed for people in a hurry who wanted to Planning Commission Minutes April 11, 2000 Page 10 just wash their car and go; they were not interested in getting the interiors on their cars cleaned and vacuumed. Mr. Chess stated that this lot was comparable in size to many other projects he had worked on and the project had been laid out in a manner that they had found to be acceptable in the past. He stated that as far as traffic was concerned, the alley had been reconfigured and there was no longer access from the alley; also, that a curb cut had been put in on the street. He stated that they expected no increase in traffic because the people who would be using the other facilities were already there to purchase gas. Vice - Chairman Zovak inquired as to how many employees were proposed to work on the site. Mr. Chess stated that two employees would be required for the QSR and one employee for inside the convenience store. Vice - Chairman Zovak inquired as to other locations of similar projects. Mr. Chess stated the other projects were on a larger scale and were located in Burbank and Diamond Bar. Vice - Chairman Zovak inquired as to whether the other sites had the same three types of businesses -- gas station, car wash, and QSR. Mr. Chess stated that some sites varied and had check cashing on them but that the largest profit center was car washes. Director Dawson inquired whether the intent was to have the service station open 24 hours and the QSR to have the limited hours of lunchtime to dinnertime. Mr. Chess stated that the QSR is considered ancillary to the gas station and that a QSR is only profitable during peak business hours. Commissioner Arrighi inquired as to whether the project would require retrofitting the underground storage tanks. • Mr. Chess stated there would be no modification to the fuel system at this time; the only modification would be to the 40 software for the point of sale network. " " " Planning Commission Minutes April 11, 2000 Page 11 Vice - Chairman Zovak inquired as to whether there would be a problem with trucks unloading in this area. Mr. Chess stated that plans had been submitted to Shell's terminal and that it had been approved and there should be no problems. Walt Shatford, III, 5920 Temple City Boulevard, representing Temple City Car Wash stated that his clients complied with parking requirements and that they did not feel that it was appropriate for another business to come in which did not meet the parking specifications. He further stated that his clients supported the rights of the applicant to utilize the existing structures but did not feel that it was appropriate to expand the use of the lot any further. Dexter Halldin, 9027 Rancho Real Road stated that he lived on the alley and that he felt that this proposed project would create more traffic on the alley as well as creating an environment for homeless people and loiterers. Mrs. Joan Mansour, 9042 Rancho Real Road stated that she was concerned about double tankers which were over the weight limit being on the city streets. She further stated that there was a lot of foot traffic in the area and that this business would create more vehicular traffic which would be a detriment to this foot traffic. She also expressed concern that this type of business would de -value the homes in the area by drawing an undesirable crowd. Vice - Chairman Zovak inquired as to whether the tanker trucks came up Rancho Real when they made deliveries. Mrs. Mansour stated that they did. She stated they came from the north and went south on Rosemead, made a left -hand turn on Broadway, south on Sultana to Rancho Real, west on Rancho Real up Rosemead Boulevard into the Shell station. She stated that this occurred at least two times a week and that there was a sign posted right near the alley about weight limitations for heavy trucks. Mr. Chess stated that according to the City Code they were not required to provide additional parking for the car wash; the variance was specifically for the QSR. As far as the concern about homeless people, Mr. Chess stated that this business was tailored to commuters and did not see that as a problem. He further stated that he would call the Shell terminal regarding tankers using residential Planning Commission Minutes April 11, 2000 Page 12 streets, that there should be a different route for them to take. Vice - Chairman Zovak inquired as to whether the areas for air and water were designated as "no parking" areas. Mr. Chess stated that he had visited the site and did see that they were so marked. He stated that to stay true to his site plan those spaces would have to say "no parking" and the air and water would have to be relocated. There being no one else wishing to speak, Commissioner Seibert moved to close the public hearing, seconded by Commissioner Arrighi, and unanimously carried. Director Dawson stated that Staff had calculated no required parking for the car wash. He stated, in reality, the car wash would more than likely add to the congestion, if not the parking problem. Commissioner Seibert stated that he was in favor of the QSR but was not in favor of the car wash because he felt that it would cause unnecessary congestion on the site. He further stated that he did not have any concerns with regard to the operating hours. Commissioner Griffiths stated the site was not large enough to accommodate all of the proposed uses. He stated that eliminating the car wash seemed to be the reasonable solution to accommodate the parking that was available. He further stated that he had no concern with the operating hours. Commissioner Arrighi stated that he was in favor of the QSR but not the car wash. He stated that he had no concern with the hours of operation but that the hours should be reviewed and modified should any complaints arise. Vice - Chairman Zovak stated that he could approve the use for the QSR but not for the car wash because it would be an over diversification of the lot. He stated he did have a concern with the two parking spaces being labeled "no parking" and then being counted as available parking. Commissioner Seibert inquired as to if the car wash were not there, how many parking spaces would be available. Director Dawson stated that there were 18 spaces required and they only had 9, two of which were designated "no • • " " Planning Commission Minutes April 11, 2000 Page 13 parking." He suggested using alternative signage which would read "no permanent parking." Vice - Chairman Zovak suggested relocating the air and water outlets to the proposed car wash area. Mr. Chess stated that the signage on the pavement could be removed. Commissioner Seibert stated that without the car wash on the site that additional parking should be available. Director Dawson stated that where the proposed car wash would be located is currently improved with landscaping. Vice - Chairman Zovak stated that he had visited the site and there were two entrances to the alley and it looked like cars could park on either side parallel to the planter area without affecting any cars trying to go into the pump area nor interfere with the area where fuel is brought in. Commissioner Seibert asked for Attorney Martin's recommendation regarding the parking situation. Attorney Martin suggested that the 9 spaces as represented should be maintained as parking spaces and any violation or diminution of those would be a violation of the Resolution. Commissioner Seibert clarified the violation would be subject to verification. Commissioner Griffiths stated that was basically what had been said years earlier when the service station was approved and the store had gone in. He also stated that the air and water outlets had also been discussed at that time as well as the use of the street for additional parking. Commissioner Seibert moved to approve the Conditional Use Permit and the Variance excluding the car wash with the additional condition as stated. Director Dawson suggested that an additional condition be included that the vacuum as shown on the site plan not be installed. Commissioner Arrighi seconded the motion, and it was unanimously carried. Planning Commission Minutes April 11, 2000 Page 14 Vice - Chairman Zovak announced that the Planning Commission had approved, as per recommendation of the staff report, the QSR but not the car wash, and as amended by the City Attorney and that there would be a 10 -day appeal period in which anyone may appeal the decision of the Planning Commission to the City Council. 8. COMMUNICATIONS: None 9. MATTERS FROM CITY OFFICIALS: None 10. ADJOURNMENT There being no further business, Vice - Chairman Zovak adjourned the meeting at 9:15 p.m. The next regularly - scheduled meeting of the Planning Commission is Tuesday, April 25, 2000 at 7:30 p.m. in the Council Chambers, 5938 Kauffman Avenue, Temple City. •