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HomeMy WebLinkAbout08/22/2017 PC AgendaPLANNING COMMISSION AGENDA August 22, 2017 7:00 P.M. City Hall, Windmill Community Room 21810 Copley Drive Diamond Bar, CA 91765 Chairperson Vice Chairperson Commissioner Commissioner Commissioner Raymond Wolfe Ken Mok Naila Barlas Frank Farago Jennifer "Fred" Mahlke Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21810 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. H ��i,�`ui� i ►tai;ll Please refrain from smoking, eating or The City of Diamond Bar uses recycled drinking in the Windmill Community Room paper and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the contact information below. Every meeting of the Planning Commission is recorded and duplicate recordings are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL CONTACT INFORMATION Copies of Agenda, Rules of the Commission, CDs of Meetings (909) 839-7030 Email: info andiamondbarca.gov Website: www.diamondbarca.gov CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, August 22, 2017 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2017-22 ROLL CALL: COMMISSIONERS: Naila Barlas, Frank Farago, Jennifer "Fred" Mahlke, Vice Chairperson Ken Mok, Chairperson Raymond Wolfe 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 3. APPROVAL OF AGENDA: Chairperson 4. 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: 4.1 Minutes of Regular Meeting: August 8, 2017 4.2 General Plan Conformity Finding — Proposed Acquisition of lease area for County of Los Angeles Board of Supervisors Fourth Supervisional District Field Office located at 13470 Valley Vista Drive. 5. OLD BUSINESS: None 6. NEW BUSINESS: 7. PUBLIC HEARING(S): 7.1 Amendment to Development Review Conditional Use Permit Minor Conditional Use Permit and Comprehensive Sign Program no PL2016 105 — Under the authority of Diamond Bar Municipal Code Sections 22.48, 22.58, 22.36.060 and 22.66.060, the applicant is requesting Planning Commission approval to revise the Project through amendments to the following land use applications: AUGUST 8, 2017 PAGE 2 PLANNING COMMISSION Development Review (architectural and site plan design review of the proposed site improvements). The proposed amendments to the Development Review application and plans are as listed below: • Reduce the floor area of the addition at the north end of the former Kmart building from 12,155 square feet to approximately 9,590 square feet (i.e., a reduction of 2,565 square feet). This addition was previously proposed. to accommodate a pet store, but is now proposed to provide lease space for up to three future retail tenants. Construct a second freestanding building to accommodate a fast casual restaurant. The new, 2,790 square -foot building is proposed to be located at the front of the property (i.e. toward Diamond Bar Boulevard), between the signalized driveway and the existing Walnut Valley Water District pump station 2. Conditional Use Permit. The applicant requests that the Planning Commission approve the following amendments to the previously granted discretionary land use approvals: • Provide drive-thru service for the proposed 2,700 square -foot fast casual restaurant Eliminate the veterinary clinic, previously approved as a component of the now -canceled plan to include a pet store as a Project tenant. The subject property consists of approximately 8.14 acres, on the westerly side of Diamond Bar Boulevard, directly south of Gentle Springs Drive (see the enclosed illustration of the property boundaries). The subject property is zoned C-3 with an underlying General Plan Designation of General Commercial. PROJECT ADDRESS: 235-257 S. Diamond Bar Blvd., Diamond Bar, CA 91765 (APN: 8717-008-019, 020) PROPERTY OWNER/ APPLICANT: Diamond Springs, LLC, 9304 W Sunset Blvd., West Hollywood, CA 90069 ENVIRONMENTAL DETERMINATION: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301 (Existing Facilities) of the CEQA Guidelines in that the net increase in floor area does not exceed 10,000 square feet. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Amendment to Development Review, Conditional Use Permit, Minor Conditional Use Permit and Comprehensive Sign Program no. PL2016-105, based on the AUGUST 8, 2017 PAGE 3 PLANNING COMMISSION F" 1 10. Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future proiects SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: Thursday, August 24, 2017, 7:00 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Tuesday, September 5, 2017 — 6:30 pm South Coast Air Quality Management District Auditorium 21825 Copley Drive Tuesday, September 12, 2017, 7:00 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Thursday, September 14, 2017, 7:00 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive GENERAL PLAN UPDATE COMMUNITY Thursday, October 19, 2017, WORKSHOP #2: 6:30 pm — 8:30 pm Diamond Bar Center Grand Ballroom 1600 Grand Avenue 11. ADJOURNMENT: MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION AUGUST 8, 2017 " CALL TO ORDER: Chair/Wolfe 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: Vice Chair Mok led the Pledge of Allegiance. 1. ROLL CALL: FA V3 4. Present: Commissioners Naila Barlas, Frank Farago, Jennifer "Fred" Mahlke, Vice Chair Ken Mok, and Chair Raymond Wolfe Also present: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney; Grace Lee, Senior Planner; May Nakajima, Associate Planner; Natalie T. Espinoza, Assistant Planner; and Stella Marquez, Administrative Coordinator. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: introduced himself to the Planning Commission. APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of July 25 2017: CM/Dan Fox C/Farago moved, Chair/Wolfe seconded, to approve the Minutes of the Regular Meeting of July 25, 2017, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Barlas, Farago, VC/Mok, Chair/Wolfe None Mahlke None AUGUST 8, 2017 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): 7.1 Development Review No. PL2017-45 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant, Phillip Chan and property owners, Stanley Chan and Yuen Kiu Choi requested Development Review approval to construct a 988 square -foot addition and 157 square -foot balcony extension to an existing 2,205 square -foot, two-story single family residence with an attached 482 square -foot garage and 331 square -foot porch/balcony area on a 0.26 acre (11,166 square foot) lot. The subject property is zoned Low Density Residential (RL) with an underlying General Plan land use designation of Low Density Residential. PROJECT ADDRESS: 1617 Acacia Hill Road Diamond Bar, CA 91765 PROPERTY OWNER: Stanley Chan and Yen Kiu Choi 1617 Acacia Hill Road Diamond Bar, CA 91765 APPLICANT: Phillip Chan 68 Genoa Street, Unit B Arcadia, CA 91007 AP/Espinoza provided staff's report and recommended Planning Commission approval of Development Review No. PL2017-45, based on the Findings of Fact, and subject to the conditions of approval as listed in the Resolution. Chair/Wolfe opened the public hearing. Phillip Chan, architect, spoke about the proposed project and indicated that many options were considered for this unique lot. Instead of adding space at the back of the house, the family of five chose to retain the larger back yard which led them to consider the option of adding space to the front of the house instead. Since the property is sloped they gave careful consideration to privacy issues which led them to split the addition with a small amount toward the front and a small amount toward the rear of the house. They also looked into adding a second story addition. The key issue for him was to provide family space with a well-balanced addition which he believes he and his design team were able to do by paying attention to staffs recommendation to provide a continuous height and roof line so it would appear to have been part of the original house. Mr. Chan said he hopes to obtain the Commission's support for this proposal. AUGUST 8, 2017 PAGE 3 PLANNING COMMISSION Chair/Wolfe agreed that it was a very unique design and said he appreciated the style that was applied to the garage door which provides a balance to the windows on the side of the house. He complimented Mr. Chan on maintaining while modernizing the style of the house. VC/Mok said he noticed neighbors to this property modernizing their homes and it appeared that the area of the block is beginning to change with respect to architectural look and elevation of the homes. The design is very nice and in good taste. Douglas Barcon, North Rock River Drive, said this reminds him of what was going on with the mansion on Diamond Bar Boulevard near Temple, yet quite different. His concern is that looking at Arcadia and how they are pushing back on mansionization, he is not sure whether this project fits that criteria. The design looks really good and the side windows remind him of what is being proposed for the mansion on Diamond Bar Boulevard. He is concerned about whether this proposed project fits in the neighborhood and are the houses in the neighborhood similar size and with the addition, will it fall under mansionization. Also, is this a multi -family or multi -generational home? Chair/Wolfe closed the public hearing. C/Mahlke moved, C/Barlas seconded to approve Development Review No. PL2017-45, 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: Barlas, Farago, Mahlke VC/Mok Chair//Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. PL2017-41 — Under the authority of Diamond Bar Municipal Code Section 22.48 and 22.70, the applicant, Fariba Shantiyal and property owner, Joyce Chen, requested Development Review approval to convert an existing 1,060 square foot garage into livable space and construct a 900 square foot addition, 863 square foot garage and 538 square feet of deck and patio area to an existing 4,844 square foot single family residence on a 1.04 gross acre (45,302 gross square foot) lot. The subject property is zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. AUGUST 8, 2017 PAGE 4 PLANNING COMMISSION PROJECT ADDRESS: 2522 Steeplechase Lane Diamond Bar, CA 91765 PROPERTY OWNER: Joyce Chen 2522 Steeplechase Lane Diamond Bar, CA 91765 APPLICANT: Fariba Shantiyal 3670 W. Temple Avenue, Suite 193 Pomona, CA 91765 Chair/Wolfe suspended presentation of staff's report and recommendation for Planning Commission approval of Development Review No. PL2017-41, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Chair/Wolfe opened the public hearing. Saeid Shatiyai, architect, explained that this house has a special setting on top of the hill with a lot of slope from one side to the other. The consideration for design of this addition in accordance with the owner's desires, the natural progression of this extension would be in the front so as not to disturb the natural setting at the back of the home. At the same time the design considered the transition of this house being a split level, to the adjacent property and for that reason as well, brought the addition to the front and converted the garage to a rumpus room which would provide great access and view. The entrance has been enhanced with tiered retaining walls in order to add landscaping which will further enhance the view from Steeplechase as well. The architecture of the addition was complemented to the house by the elevations and by using the same elements and materials. Chair/Wolfe closed the public hearing. C/Farago moved, VC/Mok seconded, to approve Development Review No. P12017-41, 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 NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Barlas, Farago, Mahlke, VC/Mok Chair//Wolfe None None AUGUST 8, 2017 PAGE 5 PLANNING COMMISSION 7.3 rrogram — running case No. PL2016-161 — Under the authority of Diamond Bar Municipal Code Sections 22.48, 22.58 and 22.36.060, the applicant, Jessica Steiner and property owner, McDonald's Corporation, requested Planning Commission approval of the following land use applications: 1. Development Review. (architectural and site plan design review of the proposed site improvements) — The key components of the Development Review application and plans are as listed below. • Demolition of an existing 2,489 square foot McDonald's fast food restaurant building and the construction of a new 3,746 square foot building. • Renovation of the parking lot, including resurfacing and striping, new lighting, and landscaping and accessibility upgrades in compliance with the Americans with Disabilities Act (ADA). 2. Conditional Use Permit. The applicant requested CUP approval to establish dual drive-thru service lanes for the proposed fast food restaurant. 3. Comprehensive Sign Program. The applicant is required to establish design criteria for all new exterior on -premises signage. The applicant has thus submitted a proposed Comprehensive Sign Program as part of the overall project. The subject property consists of approximately 0.69 gross acres on the southwest corner of Diamond Bar Boulevard and Gentle Springs Drive. The subject property is zoned C-3 (Regional Commercial) with an underlying General Plan Designation of General Commercial. PROJECT ADDRESS: PROPERTY OWNER: 205 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Lorraine Fortelka McDonald's Corporation One McDonald's Plaza Oak Brook, IL 60523 APPLICANT: Jessica Steiner Bickel Group Architecture 3600 Birth Street, Suite 120 Newport Beach, CA 92660 AUGUST 8, 2017 PAGE 6 PLANNING COMMISSION AP/Nakajima presented staffs report and recommended Planning Commission approval of Development Review, Conditional Use Permit and Comprehensive Sign Program No. PL2016-161, based on the Findings of Fact, and subject to the conditions of approval as listed in within the Resolution. ChairMolfe asked for the following clarifications. 1) If staffs recommendation for the 15 -gallon Chitalpa Tree would be for both trees on the north elevation to which AP/Nakajima responded that ChairMolfe was correct. 2) If the wall that runs parallel to the sidewalk in front of the building will be maintained and AP/Nakajima responded that the wall would be removed. C/Farago asked if in the proposed Resolution on the north elevation if the enhancement was being included or merely what the applicant proposed with the metal cladding around the parapet and AP/Nakajima responded that the "enhancement" was prepared by staff as an example and the condition has been left open so that if the applicant proposes an alternate design, it is subject to review by the Director. CDD/Gubman added that if C/Farago's question was whether it was staff's recommendation to proceed with the applicant's modified proposal with the trim piece along the parapet line that it was not what staff was recommending. Staff supports those proposed enhancements including the parapet treatment and the upgraded doors at the utility closet portion of the building; however, that does not fully address staff's concern about the unbroken mass along the north elevation where no windows are proposed. So, staff is including a condition that the mass be enhanced through an appropriate means and in a way that meets the intent of the illustration that staff provided side-by-side to show how a modest upgrade to that elevation would achieve that objective. VC/Mok asked if an enhancement along the north side simply meant another color added on to that palette and CDD/Gubman said in his opinion, no. Staff needs to see some articulation through some movement in the vertical surfaces and/or some contrasting materials to really emphasize a break in that mass. C/Mahlke commented that the retaining wall height maximum of 42" and fencing height maximum of 42" between Gentle Springs would be quite high and asked if there was a minimum and AP/Nakajima said that there is a maximum height and she is not sure if there is a minimum height. In this case, if the maximum height was attained it would mean a 42" wall with a 42" decorative railing on top so the top would not be solid. C/Mahlke asked if one were driving down the freeway and looked toward the building they would see the decorative rail and the building behind it. C/Mahlke asked the purpose of AUGUST 8, 2017 PAGE 7 PLANNING COMMISSION the retaining wall and CDD/Gubman responded that there is a certain amount of topography in Diamond Bar in general which also exists on this site. If one goes deeper into Gentle Springs the slope can be seen to increase quite substantially. On this project site, with reconfiguration of the site to create a level pad, it will result in an increased grade differential which means that the retaining wall needs to be provided to splice the two grades on the McDonald's side versus the sidewalk side, and the decorative wrought iron fencing on top provides a safety measure. When one is on the sidewalk on Gentle Springs one will see three and one-half feet of ledge stone (stacked stone) plus three and one-half feet of an open -rail decorative fence. C/Mahlke said she was concerned about the parking because three of the 19 parking spaces are proposed to be truck delivery areas at the site where traffic currently backs up. She read the report about the Inglewood facility on Manchester and understands it works, but it seemed to her that whether it works is contingent on a few things including off-peak hours. The Inglewood location has a much bigger capacity for overflow vehicles and where they show 15 cars in the drive-thru, the first three are blocking what would, in this case, be the truck delivery area. Currently, there are no McDonald deliveries in that area, they deliver off-site of McDonald's coming into Gentle Springs and walk over to the basement storage area. Unless the applicant is changing the location of their storage area, they are putting more foot traffic, more truck traffic and more car traffic on the one place it should not be, which is now the only viable entrance to the facility from South Diamond Bar Boulevard. Traffic already backs up into the South Diamond Bar Boulevard intersection. Perhaps she does not understand the rendering, but it seems to her that the storage is not being moved and the plans indicate they are still building over the storage basement. She does not know if the current practice of parking off-site and walking into that area will continue with the new plan but it seems to her to be a very inefficient way to handle delivery and the easiest way to back patrons up into Diamond Bar Boulevard. AP/Nakajima said that the applicant's Traffic Study indicated that it would not have an impact on or into Diamond Bar Boulevard. She suggested the applicant be asked to provide more details on plans for future truck deliveries. C/Barlas said she shares C/Mahlke's concerns because she has seen a lot of traffic backup on Diamond Bar Boulevard and looks forward to hearing from the applicant. Chair/Wolfe opened the public hearing. Carlos Madrigal, McDonald's Corporation, talked about the proposed project. Staff made a good presentation. With respect to queueing and peak hours, the peak hours for McDonald's is breakfast and lunch and deliveries would AUGUST 8, 2017 PAGE 8 PLANNING COMMISSION occur during McDonald's off-peak hours. McDonald's has a palletized delivery zone which means that the truck comes in during McDonald's off-peak hours (not during breakfast and lunch), delivers the pallets and leaves immediately thereafter. Staff moves the items from the pallets to the storage area. In addition, the walk-in cooler will be out of the basement and up on the top which shortens the delivery time and process. He understands about the traffic on Diamond Bar Boulevard which is good for the restaurant. Currently, McDonald's receives deliveries toward the back at the basement ramp and it takes a long time to offload. The new method will greatly enhance efficiency. C/Mahlke said that in staff's report there was no indication where deliveries were received. Mr. Madrigal said it is on the side. The proposed layout has the kitchen and storage on the side where deliveries are made just as it is at the Inglewood site on Manchester and Airport. C/Mahlke said she is very concerned about the Commission rendering its decision based on a truck delivery area that might not work for this location which would necessitate changes. Diamond Bar loves its McDonald's and the building is beautiful. Residents love it so much that they are already backed up into the street which is already at an intersection which, while fortunate for McDonald's and customers she would not want to create more traffic issues that could not be resolved. Mr. Madrigal said that McDonald's intent is to make the flow better by design and system for more efficiency and better traffic flow. C/Farago asked where the entrance will be and Mr. Madrigal explained there will be an entrance on the front by the Thank -You lettering and an entrance on the side where the ADA parking stalls are located. C/Mahlke asked if the storage would be in the bike rack area and Mr. Madrigal responded that C/Mahlke was correct. He pointed to the delivery door on the site plan. C/Farago asked if the rear door entered into the dining area and Mr. Madrigal said not the rear, just the side and front. The rear door is not a public entrance, it is strictly for delivery. C/Farago asked about the door in the top left corner of the site plan which Mr. Madrigal said was an office door in the back and not a public entrance. C/Mahlke asked if the basement would no longer be used for storage and Mr. Madrigal said it would be used for "dry" storage only. Mr. Madrigal said that with respect to the architecture of the building, they would be working with staff in terms of enhancements. They understand that they must obtain the Director's approval prior to permits and McDonald's is AUGUST 8, 2017 PAGE 9 -,---PLANNING COMMISSION good with that. They have a couple of concepts to present and, eventually, the project will get to where it needs to be. Mr. Madrigal said that with respect to the Condition for Reciprocal Parking, he wanted to make sure about the old open non -recorded agreement that runs with the land with the other party because no parking spaces are designated in case they wanted to speak on the matter. He believes it can be kept open and work with staff prior to permits but he does not want it to become a legal issue. McDonald's will reach out to the other party and get back to staff if there are any unresolved issues and whether it can be written as, prior to the permits the reciprocal parking agreement can be worked out if both parties are not in agreement. Chair/Wolfe acknowledged a letter from Golden Diamond Springs, LLC which states they will work with the city and neighboring tenant on the reciprocal parking agreement. C/Mahlke asked how big the delivery trucks are and Mr. Madrigal said it would depend. McDonald's can get smaller trucks to deliver more often or bigger trucks to deliver less frequently. The typical delivery truck is an 18 -wheeler. Douglas Barcon, N. Rock River Drive, said he and his friends spend a lot of time at this McDonald's all hours of the day and night. From what he has observed, McDonald's peak hours are typically Saturday and Sunday mornings, Saturday night around midnight and during proms. If trucks pull into the back is it possible they could pull through straight into the Sprouts parking area and exit where the Sprouts trucks exit. He agrees that the north elevation needs windows which would make it safer for patrolling the site. The parking on the north side of the building, cars will get stuck in the angled slots because there are cars in the drive-thru and they would not be able to get out of their parking spots. Again, this is Diamond Bar and not Inglewood and he would like to see something more in line with Diamond Bar aesthetics that looks more open and inviting than a view window in what is mostly walls. He asked if the proposed building was intended to be one or two -stories. It appears to be a good sized enlargement over what is currently in place although it appears the play area is being converted to an eating area. He likes the idea of updating this McDonald's and making a change is appropriate. He would like to see it more open and inviting with windows on all sides except for the rear delivery area. Brian Carmack, franchisee, thanked staff for accommodating them during this big effort. As it has been mentioned, the building is very well past its time and will look even more dated as the beautiful new shopping center behind McDonald's reaches conclusion. Unfortunately, while his family has been AUGUST 8, 2017 PAGE 10 PLANNING COMMISSION discussing upgrading for many years, they were in "real estate purgatory" for a dozen or so years when they were unable to upgrade because of parking, etc. which was not achievable until the recent development. He thanked staff for working to make it happen. Sooner rather than later is their mantra as well and worked to make this a 2017 project to match the timing of the center. His family has been in business for many years in Diamond Bar and wants to be part of the "new look." With respect to comments made about the project, currently at peak times traffic is tough for a number of reasons. The new proposed design will accommodate four more cars at peak times which means those cars won't be on the street which will mean a significant improvement to stacking on the lot. The width of the drive aisle is being increased which will provide more comfort for vehicles parking and interacting with the drive-thru traffic. Over the last number of years there have been a number of operational changes for McDonald's. The restaurant cooks differently, there is a much bigger menu and a lot more technology which the current buildings and layouts do not accommodate. He feels sorry for the hard working crew who do their best to live with the current layout. Franchise operators ask their crews to rub their stomach and pat their head at the same time to serve customers out of an old kitchen and facility. The new kitchen will be much more accessible to the food storage area. The new system will allow the truck to drop a fully wrapped palletized delivery inside the building which is a much quicker process than what is currently in place. Delivery, stacking and all of the other items mentioned tonight will be significantly enhanced with this new building and design. Further, being able to take orders two at a time and having a new modern kitchen, this location should be able to accommodate customers much quicker. This site will also be much more comfortable for the customers with large and improved restrooms, a better dining room, and a much better work atmosphere for the employees and more. McDonald's strives to make it a very comfortable and pleasant experience to enter, place an order and depart. Much time and attention has been given to all of these details and while perhaps not perfect, the new facility will offer many improvements and enhancements and all of the concerns the Commissioners have about the current site will be significantly improved with the new site layout. He again thanked CDD/Gubman and his staff for their diligence in working to get this project to this point. Gene Detchemendy, the Charles Company, said that when Kmart approached his company and said that even though they had another seven or eight years left on the original lease and had other options they would give the Charles Company a limited opportunity to not pay rent over the next 10 years but give them $2.8 million now, Kmart would leave immediately. Had it not been for the City staff and CM/DeStefano and the way this City works, they probably would not have come up with the money in the timeframe provided to them. When this happened, his first call was to McDonald's because they had been AUGUST 8, 2017 PAGE 11 PLANNING COMMISSION calling him for six years and let their management know they had taken back control of the property. He acknowledges that there is a reciprocal agreement that has existed between the parties that pre -dates almost everything that was built on the property and acknowledged that if it were not for the City, the Charles Company would not have made that quick action absent a good City to work with throughout the years. Chair/Wolfe closed the public hearing. C/Farago said as far as parking and traffic, all of his questions have been answered. However, he agrees with staff regarding the aesthetics that if the Commission moves to approve this project that the enhancements and recommendations from the applicant and from staff should be incorporated because he believes it would tie in nicely with the rest of the development. VC/Mok echoed C/Farago and agreed that with these enhancements it will be a much nicer looking building, especially from the northerly direction. If this project is approved he hoped that it would influence surrounding businesses to follow suit because that entire center has needed a facelift for a long time. He understands it is a slow process but perhaps this project will set the wheels in motion and everyone else will jump on board. Chair/Wolfe said the comment from Mr. Barcon regarding windows was interesting. There really are limited opportunities to look at windows because there are restrooms along the north face in the middle toward the bank and the freezer is in the back area as well. However, he agreed that in the eating area he would like for staff to work with the applicant to see if there was an opportunity to add windows in that area in the north face. He did not believe it was sufficient to address the "mass" issue and agreed with the condition to direct staff to work with the applicant to resolve that issue. And from the applicant's comments it sounded like they were willing to work toward a resolution that would be amenable to all parties. In addition, his colleagues had some very good points about the traffic pressures and truck deliveries. When he looks at windows and off-peak McDonald's hours, from 12:00 a.m. to 7:00 a.m., the traffic in Diamond Bar is not an issue in his mind nor is it an issue from 9:00 to 11:00 a.m., but it is a concern from 1:00 to 5:00 p.m. He wondered if the Commission could add a condition that says that deliveries cannot be made in the 1:00 p.m. to 5:00 p.m. or 6:30 p.m. window. DCA/Eggart said such a condition could be added and he would recommend that the applicant be invited back up and provided an opportunity to respond to such a condition. Chair/Wolfe reopened the public hearing and asked the applicant to come forward and respond to the proposed condition. Mr. Madrigal said that such a AUGUST 8, 2017 PAGE 12 PLANNING COMMISSION condition is fairly typical of most cities which is why McDonald's conducts their Traffic Studies and reports and usually deliveries are restricted to certain hours which is not a problem for McDonald's. Mr. Madrigal said windows could be added but he believed as much as could be done had already been done. Along the kitchen there is kitchen equipment which should not be viewed. Behind that are the restrooms and deliveries at the rear. Toward the front and side it is pretty much maxed out as far as windows. There is a booth close to the entrance. Mr. Madrigal said he would look at that area again but he believed it was a shear wall and structurally, it might be difficult to include windows. If the Commission could keep it open to working with staff that will be done such as the enhancement to the delivery door. Because this project is being fast -tracked, if the conditions are such that McDonald's can work with staff and Director for approval, McDonald's will do that. C/Mahlke asked if staff had current information regarding traffic at that intersection to understand what timeframe the Commission should set aside for delivery and non-delivery times. CDD/Gubman said that the information he could provide would not suggest that delivery times would create the conflicts that have been suggested. One of the significant issues is the driveway closest to Gentle Springs which is a two-way driveway and there is a significant problem when vehicles are exiting. It is not ideal to have any driveway that close to the curb return but if it is an entry -only, that will be a significant reduction in conflicts. The new prototype design for the vehicle stacking does compress the footprint that vehicles would need to queue up. The analysis provided was determined with validation through the City's consultant peer reviewer that the peak stacking would be about 12 vehicles which is indicated on the diagram that that peak hour stacking could be facilitated without conflicts. There will be sporadic and perhaps rare instances where stacking might go beyond that, but the capacity of the site, as proposed, is going to be significantly improved. If the Commission is still concerned about loading and unloading, a Condition of Approval could be added to include the current restriction from 1:00 to 5:00 p.m. for unloading, as well as a statement that after a certain time period -such as six months after Certificate of Occupancy issuance. Staff would evaluate complaints, observations and so forth. If he and PWD/Liu determined that modifications to the delivery operations were warranted, the matter could be brought back to the Commission after that six- month review to consider recommendations for addressing any potential conflicts that were observed. Chair/Wolfe proposed that the Commission not stipulate a condition at this time. Understanding there are concerns at the Commission level, after hearing from staff and the applicant, he believes it is appropriate that after the operation starts there is a period of time that the operation is allowed to move forward and if staff starts to see problems, the Commission could come back AUGUST 8, 2017 PAGE 13 PLANNING COMMISSION and address those issues six -months or 12 months after start of business. In his mind, 1:00 to 5:00 p.m. is not the issue, but for him it is about 4:00 to 7:00 p.m. when traffic pressure is at its peak in that area. C/Mahlke continued to be concerned about traffic flow and truck deliveries and pointed out that the comparison between the proposed Diamond Bar Boulevard location and the Inglewood facility did not provide adequate comparison. Matters of concern for the Diamond Bar location included the following: The two layouts are entirely different, Inglewood (Manchester) has an entirely different layout with two entrances from different roads, and while they are located on a corner as the Diamond Bar facility is, the Diamond Bar facility has both entrance and exit from and onto one of the busiest roads in town at an intersection where a lot of children walk and there will be a much busier shopping center with more people visiting the shopping center and McDonald's. C/Mahlke said that as backed up as it gets now, she is not sure that the Inglewood layout is an equivalent. She prefers the restriction on deliveries with a six-month reassessment. C/Mahlke moved to approve Planning Case No. PL2016-161, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution with the addition of a restriction of delivery times from 1:00 p.m. to 7:00 p.m. not being allowed. Six months following Certificate of Occupancy issuance, City staff shall evaluate loading and delivery operations for conflicts with vehicle and pedestrian circulation. Should the Community Development Director and Public Works Director determine that modifications to such operations are warranted, this matter shall be scheduled for further review by the Planning Commission to consider recommendations to mitigate such conflicts. Chair/Wolfe reopened the public hearing to obtain the applicant's consent to the motion. Mr. Madrigal concurred to C/Mahlke's motion because it also benefits McDonald's and conversely, if it is not a problem he would ask that the hours be adjusted in McDonald's favor as well. Chair/Wolfe closed the public hearing. C/Mahlke restated her motion to approve Planning Case No. PL2016-161, based on the Findings of Fact, and subject to the conditions of approval as recommended by staff and listed within the draft resolution with the addition of a restriction of delivery times from 1:00 p.m. to 7:00 p.m. not being allowed. Six months following Certificate of Occupancy issuance, City staff shall evaluate loading and delivery operations for conflicts with vehicle and AUGUST 8, 2017 PAGE 14 PLANNING COMMISSION A pedestrian circulation. Should the Community Development Director and Public Works Director determine that modifications to such operations are warranted, this matter shall be scheduled for further review by the Planning Commission to consider recommendations to mitigate such conflicts. Chair/Wolfe asked C/Mahlke to amend her motion to include "that staff work with the applicant on the north face including seriously considering a window in the middle area of the section." C/Mahlke concurred and Chair/Wolfe seconded the motion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Farago, Mahlke, VC/Mok Chair//Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: None STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman stated that there is one item on the August 22nd agenda which is the Habit Burger Grill as the second outpad in the Diamond Bar Ranch Shopping Center. Staff is currently working on filling the September 12 agenda which will be detailed at the next regular meeting on August 22nd. Staff will be scheduling its second General Plan Public Workshop on Thursday, October 19th at 6:30 p.m. at the Diamond Bar Center Grand Ballroom. Notice will be broadcast through the City's usual venues including social media and in the October edition of the DB Connection. The focus of the workshop is to follow up on the last GPAC meeting where there was consideration of three land use scenarios that are anchored around alternative potential locations for a town center. After receiving input from the GPAC staff will be conducting `stress -testing on three preferred alterntives. At the Community Workshop, staff will provide feasible alternatives to get the public's input which will be followed up with a GPAC meeting wherein staff will ask that the GPAC member provide some recommendations after which staff will schedule the third Joint Planning Commission/City Council meeting to gain further input on those recommendations. Following the joint meeting, staff will be ready to begin writing the Draft General Plan document. AUGUST 8, 2017 PAGE 15 PLANNING COMMISSION 10. SCHEDULE OF FUTURE EVENTS: As posted in the Agenda. ADJOURNMENT: With no further business before the Planning Commission, ChaidWolfe adjourned the regular meeting at 8:27 p.m. The foregoing minutes are hereby approved this 22nd day of August, 2017, Attest: Respectfully Submitted, Greg Gubman Community Development Director Raymond Wolfe, Chairperson PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 -- FAX (909) 861-3117 DATE: August 22, 2017 TO: Chairman Wolfe and Members of the Planning Commission FROM: Greg Gubman, AICP, Community Development Director BY: Grace S. Lee, Senior Planner SUBJECT: Review of County of Los Angeles Proposed Acquisition of Office Space Within an Existing Building Located at 1370 Valley Vista Drive for Conformity with the City's General Plan BACKGROUND: The County of Los Angeles is proposing to lease approximately 1,288 square feet of office space within an existing building located at 1370 Valley Vista Drive. The lease area will be used for field office and meeting space for the County of Los Angeles Board of Supervisors Fourth Supervisorial District (Supervisor Janice Hahn) staff. Pursuant to California Government Code Section 65402(b) (Attachment #1), the Planning Commission must review the proposed acquisition of the office space for consistency with the City's General Plan and adopt a resolution to record its findings (Attachment #2). ANALYSIS: The existing building was built in 1987. It is located within the Gateway Corporate Center and has the following specifications: General Plan Designation: Professional Office (OP) Zoning: Office, Business Park (OB) • Floor Area: 86,144 Sq. Ft. • Lot Size: 5.94 Gross Acres Assessor Parcel Number: 8293-050-039 Planning staff finds that the proposed acquisition of office space is consistent with the adopted General Plan's Vision Statement and Goals, Objectives, and Strategies as follows: Land Use Element • Goal 1, Objective 1.1, Strategy 1.1.3(d): The existing office building is located in the Professional Office (OP) land use designation which provides for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses; and • Goal 1, Objective 1.3, Strategy 1.3.5(a): Professional Office areas are to provide for the establishment of office -based working environments for general, professional, and administrative offices, as well as necessary support uses. ENVIRONMENTAL REVIEW: The proposed acquisition of office space within an existing building is found to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301 (Existing Facilities) with the intent to use the property for a field office. Staff recommends that the Planning Commission adopt Resolution No. 2017 -XX finding the proposed acquisition of office space located at 1370 Valley Vista Drive is in conformance with the City's General Plan. Prepared by: E—etrj Senior Planner Attachments: 1. Draft Resolution No. 2017 -XX 2. CA Government Code Section 65402(b) Reviewed by: Greg Gubman, AICP Community Development Director 2 O: Staff Reports-PC/GP Consistency for County of LA Acquisition of Office Space 08-22-2017 Attachment 1 CALIFORNIA GOVERNMENT CODE SECTION 65402 General Plan Conformance 65402. (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body. If the legislative body so provides, by ordinance or resolution, the provisions of this subdivision shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. (b) A county shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. The provisions of this paragraph (b) shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency as used in this paragraph (c) means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries. Local agency does not include the state, or county, or a city. Attachment 2 PLANNING COMMISSION RESOLUTION NO. 2017 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THAT THE COUNTY OF LOS ANGELES ACQUISITION OF AN OFFICE SPACE WITHIN AN EXISTING BUILDING LOCATED AT 1370 VALLEY VISTA DRIVE IN THE CITY OF DIAMOND BAR TO BE USED AS A FIELD OFFICE TO PROVIDE OFFICE AND MEETING SPACE IS IN CONFORMANCE WITH THE GENERAL PLAN OF THE CITY OF DIAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65402(B). A. RECITALS (i) WHEREAS, on April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California; (ii) WHEREAS, on July 25, 1995, the City of Diamond Bar adopted its General Plan incorporating all State mandated elements; (iii) WHEREAS, the acquisition of approximately 1,288 sq. ft. of leasable space within an existing office building located at 1370 Valley Vista Drive is proposed by the County of Los Angeles for the purpose of providing a field office for the County of Los Angeles Board of Supervisors Fourth Supervisorial District staff; (iv) WHEREAS, Section 65402(b) of the Government Code of the State of California required that no real property shall be acquired of until the location, purpose and extent has been reported upon by the planning agency of the city in which the land is located as to conformity with the General Plan; (v) WHEREAS, the subject property is generally described herein as: • Property located at 1370 Valley Vista Drive; • Approximately 5.94 gross acre parcel; • Assessor Parcel Number 8293-050-039; • General Plan Land Use Designation — Professional Office (OP); • Zoning Designation — Office, Business Park (OB); and (vi) WHEREAS, on August 22, 2017, at a regularly scheduled meeting, the Planning Commission, considered the matter of the proposed acquisition of said leasable space within an existing builidng, and concluded said review prior to the adoption of this Resolution. B. RESOLUTION NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the acquisition of the office space is in conformance with the adopted General Plan of the City of Diamond Bar as follows: (a) Land Use Element - Goal 1, Objective 1.1, Strategy 1.1.3(d) states: Designate Professional Office (OP) areas to provide for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. The proposed acquisition of the office space is located in the Professional Office (OP) land use designation and 1,288 square feet of leasable office space will be used as a field office for the Fourth Supervisorial District staff. (b) Land Use Element - Goal 1, Objective 1.3, Strategy 1.3.5(a) states: Professional Office areas are to provide for the establishment of office -based working environments for general, professional, and administrative offices, as well as support uses. The proposed acquisition of the office space is located in the Professional Office (OP) land use designation and the leasable office space within an existing building will be used as a field office for the Fourth Supervisorial District staff. 3. The Planning Commission hereby finds that the acquisition of the office space is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301 (Existing Facilities) with the intent to acquire and use the office space for a field office of the CEQA Guidelines. 4. Based on the findings and conclusions set forth above, this Resolution shall serve as the Planning Commission's finding regarding the General Plan conformity of the proposed acquisition of a leasable space within an existing office building to provide a field office for the Fourth. Supervisorial District staff as required by California Government Code Section 65402(b). The Planning Commission shall: (a) Certify as to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the Thomas Shepos, Section Manager of Lease Acquisitions, County of Los Angeles, Chief Executive Office, Real Estate Division, 222 South Hill Street, 31 Floor, Los Angeles, CA 90012. APPROVED AND ADOPTED THIS 22nd DAY OF AUGUST, 2017, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Raymond Wolfe, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 22nd day of August, 2017, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 2 Planning Commission Resolution No. 2017 -XX PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.1 MEETING DATE: August 22, 2017 CASE/FILE NUMBER: Amendment to Development Review, Conditional Use Permit, Minor Conditional Use Permit and Comprehensive Sign Program No. PL2016-105 PROJECT LOCATION: GENERAL PLAN DESIGNATION: ZONING DISTRICT: PROPERTY OWNER/ APPLICANT: RECOMMENDATION: 235-257 S. Diamond Bar Boulevard Diamond Bar, CA 91765 (APN 8717-008-019, 020) General Commercial Regional Commercial (C-3) Diamond Springs, LLC 9304 W. Sunset Boulevard West Hollywood, CA 90069 Adopt the attached Resolution (Attachment 1) approving Development Review, Conditional Use Permit, Minor Comprehensive Sign Program No. PL2016-105, based o Municipal Code (DBMC) Chapters 22.36, 22.48, 22.56, conditions. SUMMARY: the proposed Amendment to Conditional Use Permit and i the findings of Diamond Bar 22.58 and 22.66, subject to The applicant is requesting an amendment to the "Diamond Bar Ranch" shopping center approvals to accommodate a second freestanding building to accommodate a fast casual restaurant with drive-thru service. The Habit Burger Grill will be the operator of the proposed use. The new, 2,790 square -foot building is proposed to be located at the front of the property (i.e. toward Diamond Bar Boulevard), between the signalized entrance to the center and the existing Walnut Valley Water District pump station. BACKGROUND: The subject property consists of 8.14 acres located on the westerly side of Diamond Bar Boulevard with secondary frontage on Gentle Springs Lane, which is a private street. Kmart operated an 84,000 square -foot retail store on the site from 1975 to 2014. On October 11, 2016, the Commission approved a set of entitlements to renovate the former Kmart property. The project, currently under construction, includes the conversion of the former Kmart building into a multi -tenant retail space with Sprouts and Ross Dress For Less as the anchors. Other improvements include an addition to the existing building, and a new freestanding restaurant building to accommodate a Chipotle Mexican Grill with on-site beer and wine service, and drive-thru Coffee Bean and Tea Leaf. This original set of entitlements will be referred to as the "Master Project" throughout this report. A copy of the October 11, 2016, staff report, meeting minutes, and the Planning Commission resolution approving the Master Project are includes as Attachments 3, 4 and 5. The subject property is outlined below in yellow. The site shares reciprocal parking and access with the areas highlighted in blue: the shopping center anchored by Ken's Ace Hardware and AutoZone; and the McDonald's restaurant at the corner of Diamond Bar Boulevard and Gentle Springs Lane. The subject property does not share any common boundaries with the 76 gas station or the Walnut Valley Water District pump station. Site and Surrounding General Plan, Zoning and Land Uses The subject property is located along the DBB commercial corridor between Golden Springs Drive and the Pomona Freeway (SR 60) flyover. The site is surrounded on three sides by a mix of retail stores, a motel, restaurants, gas stations and other automotive services. To the southwest is the Fall Creek condominium complex. PL 2016-105 Amendment #1 (235-257 S. Diamond Bar Blvd.) Page 2 of 12 PROJECT DESCRIPTION: The requested revisions to the previously -approved entitlement package are summarized below: Development Review (architectural and site plan design review of the proposed site improvements). The proposed amendments to the Development Review application and plans are as follows: o Reduce the floor area of the addition at the north end of the former Kmart building from 12,155 square feet to approximately 9,590 square feet (i.e., a 2,565 square - foot reduction). This addition was previously proposed to accommodate a pet store, but is now proposed to provide lease space for up to three future retail tenants. o Construct a second, 2,790 square -foot freestanding building with a 300 square - foot outdoor dining area to accommodate a fast casual restaurant. For simplicity, this building site ("outparcel" or "pad") will be referred to as "Outparcel B" in this report. The proposed revisions summarized above will result in a net increase of 525 square feet of floor area (225 s.f. of building area plus 300 s.f. of outdoor dining area). Proposed aggregate floor area for the Master Project with Pad B, inclusive of outdoor dining areas, is 101,805 square feet. • Conditional Use Permit (discretionary land use approvals): o Provide drive-thru service for the proposed second freestanding restaurant building. o Eliminate the veterinary clinic, previously approved as a component of the now - canceled plan to include a pet store as a project tenant. 6-105 Amendment #1 (235-257 S. Diamond Bar Blvd.) Page 3 of 12 General Plan Designation Zoning Land Uses Site7General Commercial C-3 Retail, Restaurant, Service (proposed) Northeneral Commercial C-3 Restaurants, motel, tire center South General Commercial C-3 Retail, Restaurants, Personal Services East General Commercial C-3 Retail, Service Stations, Restaurants West High -Density Residential RMH Townhomes PROJECT DESCRIPTION: The requested revisions to the previously -approved entitlement package are summarized below: Development Review (architectural and site plan design review of the proposed site improvements). The proposed amendments to the Development Review application and plans are as follows: o Reduce the floor area of the addition at the north end of the former Kmart building from 12,155 square feet to approximately 9,590 square feet (i.e., a 2,565 square - foot reduction). This addition was previously proposed to accommodate a pet store, but is now proposed to provide lease space for up to three future retail tenants. o Construct a second, 2,790 square -foot freestanding building with a 300 square - foot outdoor dining area to accommodate a fast casual restaurant. For simplicity, this building site ("outparcel" or "pad") will be referred to as "Outparcel B" in this report. The proposed revisions summarized above will result in a net increase of 525 square feet of floor area (225 s.f. of building area plus 300 s.f. of outdoor dining area). Proposed aggregate floor area for the Master Project with Pad B, inclusive of outdoor dining areas, is 101,805 square feet. • Conditional Use Permit (discretionary land use approvals): o Provide drive-thru service for the proposed second freestanding restaurant building. o Eliminate the veterinary clinic, previously approved as a component of the now - canceled plan to include a pet store as a project tenant. 6-105 Amendment #1 (235-257 S. Diamond Bar Blvd.) Page 3 of 12 Shopping Center Site Plan Modifications The overall layout of the Master Project remains the same, which will readily accommodate the proposed second "outparcel" and the reduction in the "inline" building addition, as shown in the illustrations below: PROPOSED DB BLVD FRONTAGE WITH SECOND OUTPARCEL r rip �a Ja, DIAMOND BAR BLVD. isnNc NCESiR. PROPOSED RESIZING OF INLINE BUILDING ADDITION NEXT TO SPROUTS PREVIOUS APPROVAL (12,155 S.F.) PROPOSED REDUCTION (9,590 S.F.) PL 2016-105 Amendment #1 (235-257 S. Diamond Bar Blvd.) Page 4 of 12 Site Plan As show above, the two outparcels will flank the main entry to the shopping center. Outparcel B's drive-thru queuing lane entrance is located at the end of the parking aisle, and exits directly into the shopping center's circulation lanes. The drive-thru lane can accommodate stacking for eight average length vehicles at the pick-up window without encroaching into the parking aisle. Forty-four (44) parking spaces were previously proposed within the development envelope of Outparcel B. With Outparcel B, 19 parking spaces can be accommodated, resulting in a net reduction of 25 spaces. Outparcel B is adjacent to the Walnut Valley Water District pump station. As shown below, existing access ramp to the pump station is incorporated into the proposed site plan. Three trees in the area of the ramp—two eucalyptus and an ash—will be removed to facilitate grading and other site improvements. Replacement trees are discussed under the description of the landscape plan later in this report. 05 Amendment #1 (235-257 S. Diamond Bar Blvd.) Page 5 Architecture The proposed OutparcelB building is designed to be consistent with the architectural theme of the Diamond Ranch shopping center, and incorporates the same palette of palette of materials, colors and details to reinforce the unified visual identity for the center. euuueawiu PL 2016-105 Amendment #1 (235-257 S. Diamond Bar Blvd.) Page As with the Coffee Bean/Chipotle building, currently under construction, the proposed Outparcel B building utilizes a composition of rectilinear modules and canopy elements to provide movement along the vertical and horizontal planes. Reveals are also utilized to add detail to the wall surfaces. The height of the proposed Outparcel B building is 24 feet, making nearly identical in scale to the Coffee Bean/Chipotle building, which stands one foot higher at 25 feet. The proposed elevations for the Outparcel are shown below: NORTH SIDE (FACING DRIVEWAY) WEST SIDE SOUTH SIDE It should be noted that the wall signs shown in the Outparcel B elevations above are strictly intended to show proposed sign locations, not final designs, sizes or background colors. As set forth in the attached conditions of approval, sign plans will be submitted to Planning for review to ensure conformance with the City's sign code (DBMC Chapter 22.36) and the approved Sign Program for the Diamond Bar Ranch shopping center. Landscape Plan The landscape plan for the Master Project included preserving 29 of 65 pre-existing trees, and the planting of 76 new trees, resulting in a total of 105 trees. The revised landscape plan to accommodate Outparcel B incorporates seven new trees, the varieties of which are already established in the Diamond Bar Ranch tree palette: two crape myrtles, three Australian willows and two Chinese pistache. With the removal of the three existing trees as previously stated, the total tree count for the center increases to 112. The shrub and groundcover palette previously approved for Diamond Bar Ranch is proposed to be continued into Outparcel B site. Comprehensive Sign Program (DBMC Section 22.36.060) A Comprehensive Sign Program (CSP) was approved as part of the Master Project. The intent of a CSP "is to integrate a project's signs with the design of the structures to achieve a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations for multitenant projects and other users of PL 2016-105 Amendment #1 (235-257 S. Diamond Bar Blvd.) Page 7 of 12 multiple signs in order to encourage creativity and provide incentive and latitude in the provision of multiple signs and to achieve, not circumvent, the intent of (the Sign Ordinance)." [DBMC 22.36.060(a)] The approved CSP provides the criteria to facilitate the wall, directional and monument signage for Outparcel B, as well as for the menu signage allowable for drive-thru uses. ANALYSIS: The following analysis sets forth the foundation for the Findings of Fact contained in the attached resolution. Together, the analysis and findings provide the basis for staff's recommendation that the Planning Commission approve the requested amendment to the Master Project to accommodate the development of Outparcel B, subject to the conditions set forth in the approval resolution. Development Review (DBMC Chapter 22.48) Consistency with Development Code Standards Staff has reviewed the proposed development plan for Outparcel B and found it to be consistent with the development standards for commercial development in the C-3 zone. The table below provides a summary code analysis for the foundational development standards: Development... -. Standard Setback from right-of-way (landscaped) 1 10' 1 10' Yes Building Height Limit 35' 24' Yes Total parking (within Master Project boundaries, including Outparcel B) 340 spaces 352 spaces Yes Drive-thru Lane width 12' 12' Yes Drive-thru Lane interior turning radius 10' 10' Yes Consistency with Citywide Design Guidelines The applicant has worked closely with staff to ensure that the design of Outparcel B is consistent with Diamond Bar's Citywide Design Guidelines. It is staff's opinion that the project successfully captures the spirit and intent of the Design Guidelines, as well as the architectural theme established for the Master Project. The overall composition of building forms, articulation and details is visually pleasing and harmonious. A varied palette of materials and details, including stacked stone, faux wood planks, smooth stucco and metal, and a coordinated earthtone color scheme will convey a sense of physical permanence. Staff believes that the architecture has an enduring character that should outlast short-lived design trends. Conditional Use Permit Requests (DBMC Chapter 22.58) A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. PL 2016-105 Amendment #1 (235-257 S. Diamond Bar Blvd.) Page 8 of 12 When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and general welfare, then it must deny the request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. In other words, if a new tenant could locate in the space and operate with the same service. The new tenant would be required to comply with the same conditions as its predecessor. Drive-Thru Service The subject property is located within the General Commercial General Plan Land Use Designation. This land use designation is intended for regional, freeway -oriented, and/or community retail and service uses. An automobile -oriented use such as a restaurant with drive-thru service is clearly consistent with the intent of this land use designation. The proposed drive-thru lane and the building to which is an ancillary use have been site planned, oriented and configured to enable orderly vehicular circulation to occur in a manner that does not materially interfere with the operations of other uses in the vicinity. The proposed drive-thru service lane has adequate vehicle queuing length to accommodate the expected demand in order to reduce the likelihood of vehicle stacking obstructing parking lot travel lanes. In addition, the drive-thru lane provides sufficient turning radii for customer vehicles to maneuver. The proposed drive-thru use is located within a commercial corridor occupied by retail stores, sit-down and drive-thru restaurants, service stations and other consumer services with varied days and hours of operation; as such, the surrounding built environment is an appropriate setting for the proposed use. A condition of approval is recommended to require that the drive-thru exit for Outparcel B accommodate unobstructed right turns into the intersecting drive aisle. The attached resolution includes a condition specifying that, prior to grading permit issuance, a turning movement analysis be submitted to demonstrate that passenger vehicles would be able to negotiate a right -turn maneuver, subject to review and approval by the Community Development and Public Works Departments. Outdoor Dining Restaurants with outdoor dining are relatively benign land uses. Noise generated by patrons and other sources within such dining areas are generally the only potential causes of detrimental impacts to their surroundings. Because there are no residences or other sensitive uses within the audible range of the proposed outdoor dining areas, and PL 2016-105 Amendment #1 (235-257 S. Diamond Bar Blvd.) Page 9 of 12 as well as the fact that the Outparcel is adjacent to a major arterial roadway, it is unlikely that the proposed outdoor dining areas would be incompatible with surrounding uses. Avoidance of potential conflicts between patrons dining outdoors and vehicles circulating within the surrounding parking lot and drive-thru lane are the only reasonably foreseeable compatibility issues to be considered in the design of the proposed outdoor dining areas. Such conflicts are avoided by designing the Outparcel site in such a manner that the dining areas are clearly delineated and physically separated from the adjoining parking lanes with raised curbing and other barriers. Required off-street parking for outdoor dining patios is based on their delineated square footage, and is subject to the same ratio of parking spaces (1 space per 300 square feet) for interior dining area. The floor area of the proposed dining patio is approximately 300 square feet, which generates a parking requirement of one parking space; this is in addition to the 10 spaces required for the 2,790 square -foot Outparcel B building. As summarized in the code analysis table earlier in this report, surplus parking is available satisfy the parking requirement for the Master Project, and entirely within the boundaries of the subject property. Traffic Operational Evaluation For the Master Project, staff enlisted one of the City's on-call traffic consultants (Sasaki Transportation Services) to review the proposal and provide recommendations to maintain or improve existing levels of service at the signalized Project entry at Diamond Bar Boulevard. The analysis led to a recommendation to increase the length of the left - turn pocket from 135 feet to 220 feet to accommodate queuing for estimated Saturday peak -hour volumes, along with adjustments to signal phasing to correspond to the additional queuing capacity. This recommendation was incorporated into the Master Project conditions of approval. As discussed in the Master Project staff report, two pine trees in the median closest to the current left -turn pocket transition would need to be removed to accommodate the pocket lengthening. Staff consulted with consulting traffic engineer Steve Sasaki to determine if the addition of Outparcel B and the net floor area increase of 525 square feet for the Master Project would warrant additional queuing capacity needs. It was determined that the potential incremental increase in peak -hour volumes is minimal, and would not warrant additional capacity accommodations. Gradinq Issues to be Addressed during Plan Check A key design feature of the Master Project will be provided at the main entrance at Diamond Bar Boulevard. This 140 -foot long entry drive will be enhanced with decorative pavement along its entire length, and will be flanked by posts and rails based on the enhanced streetscape elements recently installed along Grand Avenue and Diamond Canyon Park, and to be installed along Diamond Bar Boulevard between Golden Springs and the freeway bridge. PL 2016-105 Amendment #1 (235-257 S. Diamond Bar Blvd.) Page 10 of 12 V WENEMEW04 21 11 o> DIAMOND BAR ��0 MW �on• nowEEns�no• ■E• nVIIIII O � THEME RAILS �■ �■■ �■■ M■■ =.■ ME 000 /^.�\ E�i ON OMI ��i ��i STAMPED AND COLORED CONCRETE. \ / 'ASHLAR SLA TE" TEXTURE B PATTERN "SONOMA SAND" COLOR ENHANCED ENTRY DRIVE �5-1RMMi j_ 3 (Mmw IglO N>POlfBlYAIIRlOf-� iN:'I�R1m - caru'wawrtroe[taw -�omwmm 1 rovam� r.rao i r - WL rA A ! �• ffy fs -� ice' ' 4 R i ' � roPtt Na r WOOD RAIL RAILS FLANKING THE ENTRY DRIVE The grading plan submitted for Outparcel B shows a T-3" retaining wall directly behind the theme rails, adjacent to the drive-thru lane, as shown below: THEME RAILS h p i HABIT BUILDING The positioning of the retaining wall relative to the theme rails may create conflicts in the placement of footings for these structures, and could impact the viability of plantings in this location, and generally spoil the aesthetic intent of the enhanced entry features. In light of this concern, a condition of approval has been added to the attached resolution requiring that an appropriate design solution be submitted for staff review and approval prior to the issuance of a grading permit. PL 2016-105 Amendment #1 (235-257 S. Diamond Bar Blvd.) Page 11 of 12 NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the subject property, and published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on August 11, 2017. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. ENVIRONMENTAL ASSESSMENT: With the proposed development of Outparcel B and downsizing of the addition to the inline building, the revised Master Project will result in a net floor area increase of 8,305 square feet on the subject property. As such, the City has determined that the Project is not subject to the California Environmental Quality Act ("CEQK) because it falls within the class of Categorical Exemptions described under Article 19, Section 15301 (Existing Facilities) of the CEQA Guidelines in that the net increase in floor area does not exceed 10,000 square feet. Therefore, no further environmental review is required. CONCLUSION In light of the foregoing analysis, and based on the findings contained in the attached resolution, staff recommends that the Commission approve the proposed amendments to the Master Project to facilitate the development of Outparcel B as proposed, subject to the conditions of approval under Exhibit A of the attached resolution. Prepared by: Greg Gubman, AICP Community Development Director Attachments: 1. Draft Resolution No. 2016 -XX 2. Project Plans 3. Planning Commission staff report dated October 11, 2016, for Master Project 4. October 11, 2016, Planning Commission minutes for Master Project 5. Planning Commission Resolution No. 2016-26 approving the Master Project PL 2016-105 Amendment #1 (235-257 S. Diamond Bar Blvd.) Page 12 of 12 ATTACHMENT 1 PLANNING COMMISSION RESOLUTION NO. 2017 -XX A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING AMENDMENT #1 TO DR/CUP/MCUP/CSP NO. PL2016-105 TO PROJECT MODIFICATIONS TO ACCOMMODATE THE CONSTRUCTION OF A SECOND FREESTANDING RESTAURANT BUILDING WITH DRIVE- THROUGH SERVICE AND OUTDOOR DINING IN CONJUNCTION WITH THE RENOVATION AND EXPANSION OF A SHOPPING CENTER ON PROPERTY LOCATED AT 235-257 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CA 91765 (APN 8717-008-019 and 020 or "SUBJECT PROPERTY"). A. RECITALS 1. On July 11, 2016, the property owner/applicant, Diamond Bar Springs, LLC ("Applicant") filed an application for Development Review, Conditional Use Permit, Minor Conditional Use Permit and Comprehensive Sign Program No. PL2016-105 to request the following approvals from the Planning Commission: (a) Development Review: i. Renovation of an existing building: (1) Demolish the existing 9,210 square -foot outdoor garden center. (2) Partition the existing 84,245 square -foot building into three inline retail tenant spaces with new facades. (3) Construct an addition of approximately 12,155 square feet to the north end of the existing building. ii. Construction of a 4,200 square -foot freestanding building ("Outparcel A") to accommodate two fast casual food service tenants. Outparcel A is situated at the front of the Subject Property (i.e., toward Diamond Bar Boulevard), between the signalized driveway and the existing McDonald's restaurant located at the corner of Diamond Bar Boulevard and Gentle Springs Lane. The easterly Outparcel A tenant space is hereinafter referred to as "Outparcel Tenant Space Al," and the westerly Outparcel tenant space is hereinafter referred to as "Outparcel Tenant Space A2." 1 Planning Commission Resolution No. 2017-xx iii. Renovation of the parking lot, including resurfacing and striping, new lighting, landscaping and accessibility upgrades in compliance with the Americans with Disabilities Act (ADA). (b) Conditional Use Permit to establish the following uses: i. Drive-thru service for Outparcel Tenant Space Al. ii. Establishment of a veterinary clinic as an ancillary use to a proposed pet store. (c) Minor Conditional Use Permit to establish the following uses: i. Sale of beer and wine for onsite consumption for Outparcel Tenant Space A2. ii. Outdoor dining areas for each Outparcel A tenant. (d) Comprehensive Sign Program to establish design criteria for all building - mounted and freestanding signs. The requested approvals described above shall be collectively referred to in this Resolution as the 'Project." 2. The Subject Property is comprised of two parcels totaling 8.14 acres with a zoning designation of C-3 with an underlying General Plan land use designation of General Commercial. 3. The Subject Property is designated on the official maps of the Los Angeles County Assessor as Assessor's Parcel Numbers 8717-008-019 and 8717- 008-020. 4. On October 11, 2016, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 5. On October 11, 2016, following the conclusion of the public hearing, the Planning Commission approved the Project based on findings of fact and subject conditions of approval as set forth in Planning Commission Resolution No. 2016-26. 6. On June 30, 2017, the Applicant filed a request to amend the Project as follows: 2 Planning Commission Resolution No. 2017-x (a) Development Review: Reduce the floor area of the addition at the north end of the existing building from 12,155 square feet to approximately 9,590 square feet (i.e., a 2,565 square -foot reduction). This addition, previously proposed to accommodate a pet store, is now proposed to provide lease space for up to three future retail tenants. ii. Construct a second freestanding building, 2,790 square feet in floor area, to accommodate a fast casual restaurant ("Outparcel B"). Outparcel B is proposed to be situated at the front of the Subject Property on the side of the signalized driveway opposite Outparcel A. (b) Conditional Use Permit i. Eliminate the veterinary clinic, previously approved as a component of the canceled plan to include a pet store as a Project tenant. ii. Provide Drive-thru service for Outparcel B. (c) Minor Conditional Use Permit—Authorize outdoor dining for Outparcel B The Project, with the requested amendments described above, shall be referred to in this Resolution as the "Amended Project." 7. The City has determined that the Amended Project is not subject to the California Environmental Quality Act ("CEQA") because it falls within the class of Categorical Exemptions described under Article 19, Section 15301 (Existing Facilities) of the CEQA Guidelines in that the net increase in floor area does not exceed 10,000 square feet. Therefore, no further environmental review is required. 8. On August 11, 2017, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers, and public hearing notices were mailed to property owners within a 700 -foot radius of the Subject Property. Public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 9. On August 22, 2017, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 3 Planning Commission Resolution No. 2017-n A C. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. The Planning Commission hereby approves the Project based on the findings and subject to the conditions set forth below. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Chapters 22.36, 22.48, 22.56, 22.58 and 22.66, the Planning Commission hereby finds as follows: 1. Development Review Findings (DBMC Section 22 48 040) a. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, Citywide Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments): In addition to conforming to the minimum development standards prescribed for the C-3 zoning district, the Amended Project will significantly upgrade the aesthetics of the Subject Property by transforming the fortress- like appearance of a vacated, single -tenant `big box" retail building frontage into a series of contemporary, inviting storefronts; and transforming the parking lot from a minimally landscaped "sea of asphalt" to an attractive setting that incorporates trees interspersed among all parking lot bays, as well as a tree -lined pedestrian connection leading from Diamond Bar Boulevard to the multi -tenant building. Notable elements of the Project design which address the Citywide Design Guidelines include, among other things, the following: • Monotony of building design is avoided through variations in wall planes, roof lines, details and materials. These design elements also succeed in reducing scale and bulk. Both the large, multitenant building and the Outparcel building incorporate elements which transition to the human scale. 0 Planning Commission Resolution No. 2017-xx • An enhanced project entry has been designed into the project which incorporates stamped asphalt, accent trees and the "theme rails" used in the City's enhanced public streetscapes to reflect community character and values. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards: • The Subject Property and those parcels contiguous to the Subject Property are already developed with commercial uses. Reciprocal parking and access easements between the Subject Property and neighboring uses currently exist and will be maintained. • Access and maneuverability for Los Angeles County Fire Department emergency vehicles has been designed into the Project site modifications to Fire Department specifications. • Access into the Subject Property will be enhanced by the lengthening of the left -turn lane at the existing signalized entrance on Diamond Bar Boulevard. • The proposed Outparcel drive-thru service lanes have adequate vehicle queuing length to accommodate the expected demand. In addition, the drive-thru lanes provide sufficient turning radii for customer vehicles to maneuver. • A protected, ADA -accessible pedestrian path is provided within the parking lot to enable pedestrians to traverse the parking lot without utilizing parking lanes. c. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan: While the Amended Project's architecture is clearly more contemporary and distinctive than the surrounding commercial architecture, it is not discordant in scale or style with those existing structures. Moreover, the Amended Project's overall design is substantially more consistent with the Citywide Design Guidelines than most of the neighboring building stock. As such, the Amended Project is likely to serve as a positive design influence for future renovations and new construction in the immediate vicinity. 5 Planning Commission Resolution No. 2017-m d. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing: The overall composition of building forms, articulation and details is visually pleasing and harmonious. A varied palette of materials and details, including stacked stone, brick, smooth stucco and metal, and a coordinated earthtone color scheme will convey a sense of physical permanence, and style that will outlast short-lived design trends. Increasing the tree canopy throughout the Amended Project site will further the site's appeal to occupants, customers and passersby. e. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity: The Amended Project predominantly consists of the rehabilitation of an existing retail development. The primary land use will continue to be a shopping center. Rather than posing a detriment to the public health, safety or welfare, the Amended Project will more likely enhance the community's visual character and economic viability by transforming a blighted development into an attractive setting which will provide added shopping opportunities within Diamond Bar The revived, grocery store -anchored shopping center is likely to draw more customer traffic into the immediate vicinity and benefit neighboring commercial uses. f. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The Amended Project is categorically exempt from CEQA as stated under Recital No. 4 of this Resolution. 2. Conditional Use Permit Review Findings for Drive-Thru Service in coniunction with Outparcel Tenant Space Al and Outparcel B (DBMC Section 22 58 040) a. The Proposed Use (i.e., drive-thru service for Outparcel Tenant Space Al and Outparcel B) is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code: Drive-thru facilities are permitted in the C-3 zoning district, subject to approval of a conditional use permit. The proposed drive-thru lanes have Planning Commission Resolution No. 2017-m been designed in compliance with the development standards for drive- through facilities set forth under DBMC Section 22.42.050. b. The Proposed Use is consistent with the general plan and any applicable specific plan: The Subject Property is located within General Commercial (C) General Plan Land Use Designation. This land use designation is intended for regional, freeway -oriented, and/or community retail and service uses. Automobile -oriented uses such as a restaurants with drive-thru service are clearly consistent with the intent of this land use designation. The Proposed Use is consistent with General Plan Strategy 1.3.3: CEncourage neighborhood serving retail and service commercial uses') in that the proposed drive-thru service will provide an additional convenience for customers, and will presumably increase sales for the business providing drive-thru service, as well as draw more customers overall to the shopping center. c. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity: The proposed drive-thru lanes and the buildings to which they are ancillary uses have been site planned, oriented and configured to enable orderly vehicular circulation to occur in a manner that does not materially interfere with the operations of other uses in the vicinity. As stated, the drive-thru service lanes have adequate vehicle queuing lengths to accommodate the expected demand in order to reduce the likelihood of vehicle stacking obstructing parking lot travel lanes. In addition, the drive-thru lanes provide sufficient turning radii for customer vehicles to maneuver. The proposed drive-thru uses are located within a commercial corridor occupied by retail stores, sit-down and drive-thru restaurants, service stations and other consumer services with varied days and hours of operation; as such, the surrounding built environment is an appropriate setting for the Proposed Use. d. The Subject Property is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints: The Proposed Use is located within an existing shopping center along a commercial corridor with direct access from Diamond Bar Boulevard, one of the City's three major arterials, expressly designed for the automobile as the primary means of transportation. All utilities and infrastructure exist to serve the Proposed Use. Moreover, a signalized intersection with a 7 Planning Commission Resolution No. 2017-xx dedicated left -turn lane provides direct access into the Subject Property. To further ensure that adequate queuing capacity is provided for motorists entering the Subject Property, this entrance will be lengthened. e. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located: The Amended Project predominantly consists of the rehabilitation of an existing retail development. The primary land use will continue to be a shopping center. Rather than posing a detriment to the public health, safety or welfare, the Project will more likely enhance the community's visual character and economic viability by transforming a blighted development into an attractive setting which will provide added shopping opportunities within Diamond Bar. The revived, grocery store -anchored shopping center is likely to draw more customer traffic into the immediate vicinity and benefit neighboring commercial uses. The proposed Outparcels with drive-thru service will contribute positively to the mix of goods and services available at the Subject Property. f. The Proposed Use has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed drive-thru service for Outparcels A and B is a component of the overall Project, which is categorically exempt from CEQA as stated under Recital No. 4 of this Resolution. 3. Minor Conditional Use Permit Review Findings for the Sale of Beer and Wine for On -Site Consumption in conjunction with a Restaurant (DBMC Section 22.56.040) Findings in support of on-site beer and wine service for Outparcel Tenant A2 were adopted under Planning Commission Resolution No. 2016-26. The Amended Project does not propose changes to the scope or nature of on-site beer and wine service previously approved on the Subject Property, and the Amended Project has no material effect on such service previously approved for Outparcel Tenant A2. 4. Minor Conditional Use Permit Review Findings for the provision of outdoor dining areas for each Outparcel tenant (DBMC Section 22 56 040) a. The Proposed Use (outdoor dining areas for each Outparcel tenant) is allowed within the subject zoning district with the approval of a minor 8 Planning Commission Resolution No. 2017-x conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code: Dedicated outdoor dining areas in conjunction with restaurant uses are permitted in the C-3 zoning district, subject to approval of a minor conditional use permit. Required off-street parking for the Proposed Use is based on the delineated square footage of the outdoor dining, and is subject to the same ratio of parking spaces to floor area that applies to the development in which the Proposed Use is located. Surplus parking is available within the Subject Property to satisfy the parking requirement for the Proposed Use. Compliance with otherprovisions of the Municipal Code, such as ADA accessibility, is verified during the City's plan check and inspection process. The Proposed Use is consistent with the general plan and any applicable specific plan: The Subject Property is located within General Commercial (C) General Plan Land Use Designation. This land use designation is intended for regional, freeway -oriented, and/or community retail and service uses. Restaurant uses are clearly consistent with the intent of this land use designation. Restaurants routinely provide outdoor dining when the appropriate setting is available for outdoor dining amenities. c. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity: Avoidance of potential conflicts between patrons dining outdoors and vehicles circulating within the surrounding parking lots and drive-thru lanes are the only reasonably foreseeable compatibility issues to be considered in the design of the proposed outdoor dining areas. Such conflicts are avoided by designing the outdoor dining areas in such a manner that they are clearly delineated and physically separated from the adjoining parking lanes with raised curbing and other barriers. d. The Subject Property is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints: Outparcels A and 8, including the outdoor dining areas, have been designed expressly to suit the detailed specifications of three national chain fast casual restaurants. Planning Commission Resolution No. 2017-xx e. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located: Restaurants with outdoor dining are relatively benign land uses. Noise generated by patrons and other sources within such dining areas are generally the only potential causes of detrimental impacts to their surroundings. Because there are no residences or other sensitive uses within the audible range of the proposed outdoor dining areas, and the Outparcels are adjacent to a major arterial roadway, it is unlikely that approval of this Minor Conditional could be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The Proposed Use has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed outdoor dining areas are components of the overall Project, which is categorically exempt from CEQA as stated under Recital No. 4 of this Resolution. 5. Comprehensive Sion Program Findings (DBMC Section 22 36 060) Findings in support of the Comprehensive Sign Program were adopted under Planning Commission Resolution No. 2016-26. The Amended Project does not propose changes to the intent or scope of the sign criteria previously approved for the Subject Property, and the Amended Project does not introduce site or building features that were not contemplated under the approved Comprehensive Sign Program. D. CONDITIONS OF APPROVAL Approval of the Amended Project is subject to the conditions of approval attached hereto as Exhibit A. The Planning Commission shall: Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Diamond Bar Springs, LLC, 9304 W. Sunset Boulevard, West Hollywood, CA 90069. 10 Planning Commission Resolution No. 2017-x APPROVED AND ADOPTED THIS 22nd DAY OF AUGUST 2017, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 0 Raymond Wolfe, Chairperson I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 22nd day of August, 2017, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 11 Planning Commission Resolution No. 2017 -roc PROJECT #: Amendment Development Review/Conditional Use Permit/Minor Conditional Use Permit/Comprehensive Sign Program No. PL 2016-105 PROPERTY Diamond Bar Springs, LLC OWNERIAPPLICANT: 9304 W. Sunset Boulevard West Hollywood, CA 90069 PROJECT LOCATION: 235-257 S. Diamond Bar Boulevard, Diamond Bar, CA 91765/ APN 8717-008-019 and 20 (Hereafter referred to as the "Subject Property") A. APPLICABILITY The conditions of approval that follow in this Exhibit pertain specifically to Outparcel B (257 S. Diamond Bar Boulevard), as defined in this Resolution, as well as the Planning Commission staff report for this matter, referenced as Item 7.1 on the August 22, 2017, Planning Commission meeting agenda packet. All conditions of approval included in Planning Commission Resolution No. 2016-26 remain in full force and effect, unless superseded or amended by the conditions contained within this Exhibit. B. GENERAL REQUIREMENTS The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of PL2016-105 and any amendment thereto brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: b. Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. EXHIBIT A I Planning Commission Resolution No. 2017-xx Page 1 of 11 c. Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. The conditions contained herein shall run with the Subject Property and shall be binding upon all future owners, tenants, operators, or successors thereto. Non-compliance with any condition of approval shall constitute a violation of the Diamond Bar Municipal Code, and shall be subject to the penalties set forth therein. 3. This approval shall not be effective for any purpose until the Applicant has filed, within twenty-one (21) days of approval of this Project, at the City of Diamond Bar Community Development Department, an affidavit stating that they are aware of and agree to accept all the conditions of this approval. 4. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License as required by law; and a zoning approval for those businesses located in Diamond Bar. 5. Signed copies of Planning Commission Resolution No.2017-xx and Conditions of Approval shall be included on the construction plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 6. Each condition of approval shall be satisfied prior to the milestone set forth for that condition (e.g., building permit issuance, certificate of occupancy, etc.). If compelling circumstances warrant modification to the timing for satisfaction of a condition, the Applicant may request that the Community Development Director approve such a modification. The Community Development Director reserves the discretion to approve or deny the requested modification, and to require the posting of surety or other performance guarantee as a condition of approving such a modification. 7. The Project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. The property owner/applicant shall remove the public hearing notice board within three days following this Project's approval. EXHIBIT A I Planning Commission Resolution No. 2017-xx Page 2 of 11 9. The applicant shall ascertain and comply with the requirements of the Los Angeles County Fire Department pertaining to construction activities, Project development and Project operations. 10. To verify compliance with these conditions of approval, the applicant shall request and pass a final inspection performed by the Planning Division prior to the issuance of any certificate of occupancy. No certificate of occupancy shall be granted until all improvements required pursuant to the Project conditions of approval have been properly constructed, inspected, and approved. B. FEES/DEPOSITS 1. Within five (5) days following the date of Project Approval, the applicant shall submit a check payable to the Los Angeles County Clerk in the amount of $75.00 for the filing of a Notice of Exemption. 2. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building or grading permit, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 3. Prior to plan check approval, all deposit accounts for the processing of this Project approval request shall have no deficits. C. TIME LIMITS 1. The approval of the Project expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 22.66.050 (b)(1). The applicant may request in writing a one-year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. D. CONSTRUCTION DOCUMENTS 1. Construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the Planning Commission, as modified pursuant to the conditions below. Construction document requirements are detailed further under the Public Works/Engineering and Building and Safety subsections of these Conditions of Approval. EXHIBIT A I Planning Commission Resolution No. 2017-xx Page 3 of 11 2. Prior to building issuance, a Certification of Design, together with landscape and irrigation plans prepared by a licensed landscape architect, shall be submitted to the Planning Division for review and approval by the City's Consulting Landscape Architect. Landscape construction documents shall be separately collated and submitted as a standalone construction document package. a. Submit three (3) separately collated sets of landscape construction plans which include planting plans, irrigation plans, grading plans, calculations and specifications. Contact the City's consulting landscape architect/plan checker Greg Clark, ASLA at (909) 481-5750 for questions regarding specific submittal requirements. b. Review of the landscape construction documents shall be subject to the hourly rates set forth under the City's contract with the Consulting Landscape Architect, plus an 18 -percent administrative fee, in effect at the time of landscape construction document submittal. c. Landscape and irrigation plans, and all supporting documentation, shall comply with the City's Water Efficient Landscaping Ordinance in effect at the time of construction document submittal. 3. A turning movement analysis shall be submitted to demonstrate that the drive-through lane exit is designed to accommodate unobstructed right turns for typical passenger vehicles. 4. Backing panels for wall -mounted business identification signs may only be used on wall surfaces clad with wood or simulated wood siding. All other wall -mounted signs shall consist of only individually mounted channel letters and individually formed graphic elements associated with corporate branding. 5. The positioning of a retaining between the theme rails and the Outparcel B drive-through lane may create conflicts in the placement of footings for these structures, and could impact the viability of plantings in this location, and generally spoil the aesthetic intent of the enhanced entry features. In light of this concern, an appropriate design solution for this area shall be submitted for Planning and Public Works review and approval, and the approved design shall be incorporated into the construction documents, prior to the issuance of grading or building permits. E. LAND USE AND DEVELOPMENT REQUIREMENTS The conditions set forth in this subsection shall be incorporated into the construction documents as applicable, and shall run with the land: EXHIBIT A I Planning Commission Resolution No. 2017-xx Page 4 of 11 1. All ground -mounted utility appurtenances, such as transformers, air conditioning condensers, etc., shall be located out of public view, or adequately screened through the use of a combination of walls, berms, and/or landscaping to the satisfaction of the Planning Division, provided they maintain the required utility company clearances. The use of UV resistant wrap films on such appurtenances may also be utilized where appropriate and effective for screening purposes, subject to prior review and approval of the Serving Utility Provider and Community Development Director. This condition is not applicable to utility appurtenances expressly referenced in Resolution 2016-26. 2. All roof -mounted equipment shall be screened from public view. 3. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 4. The exposed faces of newly -constructed retaining walls, within public viewsheds shall have decorative surfaces, subject to review and approval of the Community Development Director. 5. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. F. CONSTRUCTION NOISE CONTROL 1. Construction shall be limited to the hours between 7:00 a.m. and 7:00 p.m. on weekdays and Saturdays in accordance with the Diamond Bar Municipal Code. Construction activity within fully enclosed buildings may occur provided that such activity is not audible at the Subject Property's parcel boundaries, subject to approval by the Community Development Director. 2. During all site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. 3. The construction contractors shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the Project site. 4. The construction contractors shall locate equipment staging in areas that will create the greatest distance between construction -related noise EXHIBIT A I Planning Commission Resolution No. 2017-xx Page 5 of 11 sources and noise -sensitive receptors nearest the project site during all Project construction. G. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. CONTACT PUBLIC WORKS/ENGINEERING AT 909-839-7040 WITH QUESTIONS REGARDING THE CONDITIONS LISTED UNDER SECTIONS H THROUGH L BELOW. H. GENERAL 1. The approved SWPPP for the Diamond Bar Ranch Development shall be used during construction. If City staff or City appointed staff determine that the proposed design requires a revised SWPPP, an Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. 2. The LID Plan approved on 3/8/2017 for the Diamond Bar Ranch Development shall be applicable to this project. The new design is subject to review and approval to ensure compliance with these plans. The applicant shall comply with Low Impact Development (LID) requirements to the satisfaction of the City Engineer. The LID Plan will be required to comply with the 2012 MS4 Permit. The LID Plan shall be approved prior to grading permit issuance and/or building permit issuance for new structures. EXHIBIT A I Planning Commission Resolution No. 2017-xx Page 6 of 11 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. SOILS REPORT/GRADING/RETAINING WALLS 1. The Geotechnical Report for the Diamond Bar Ranch Development approved on 2/2/2017 is applicable to this this project, unless otherwise stated by City staff or consultants. If revisions are required, applicant shall submit amendments or a new geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. EXHIBIT A I Planning Commission Resolution No. 2017-xx Page 7 of 11 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 10. A pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 11. Rough grade certifications by project soils and civil engineers shall be submitted prior to issuance of building permits for the foundation of the structure(s). Retaining wall permits may be issued without a rough grade certificate. 12. Final grade certifications by project civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. 13. Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. J. DRAINAGE 1. Detailed drainage system information of the lot shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer. K. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purpose shall be offered and shown on the EXHIBIT A I Planning Commission Resolution No. 2017-xx Page 8 of 11 detailed site plan for dedication to the City or affected utility company as deemed necessary. 2. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 3. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. L. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the prior to issuance of building permits. 2. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City and, if necessary, the Los Angeles County Public Works Department. Sewer plans related to Los Angeles County maintained facilities shall be submitted for review and approval by the City Public Works Department. All other privately maintained sewers shall be submitted for review and approval by the City Building and Safety Division. 3. The Sewer Study approved on 12.15.2016 by David Evans and Associates is applicable to this project. Upon review of the additional structure, an additional calculation may be required to amend the approved sewer study. If the Study finds the existing sewer system is not adequate to handle the new development flows, the applicant shall pay impact fees as deemed necessary by the City or upgrade the existing sewer system as necessary. All impact fees shall be paid prior to issuance of final inspection. CONTACT BUILDING AND SAFETY AT 909-839-7020 WITH QUESTIONS REGARDING THE CONDITIONS LISTED UNDER SECTIONS M THROUGH - BELOW. M. GENERAL CONDITIONS 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code (i.e., 2016 California Building Code series will apply) requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for Cal Green shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. EXHIBIT A I Planning Commission Resolution No. 2017-xx Page 9 of 11 Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current Cal Green Code. N. PLAN CHECK — ITEMS TO BE ADDRESS PRIOR TO PLAN APPROVAL 1. The minimum design load for wind in this area is 110 M.P.H. exposures "C" and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 140.6 and 140.7. 4. Public Works/Engineering Department is required to review and approve grading plans that clearly show all finish elevations, drainage, and retaining wall(s) locations. These plans shall be consistent with the site plan submitted to the Building and Safety Division. 5. "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 6. An exit analysis shall be provided during plan check, showing occupant load for each space, exit width, exit signs, etc. 7. Number of plumbing fixtures shall be in compliance with CPC T-422.1. 8. All easements shall be shown on the site plan. 9. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 10. Design for future electric vehicle charging and solar ready roof shall be provided. 11. Design for future tenant improvement features shall be considered in the design and clarified what is tenant or shell building responsibility. O. PERMIT — ITEMS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE 1. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. EXHIBIT A I Planning Commission Resolution No. 2017-xx Page 10 of 11 2. Prior to building permit issuance, all school district fees shall be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 3. Submit grading plans clearly showing all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 4. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 5. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. 6. LA County Fire, Health, and Industrial Waste approval is required prior to permit issuance. P. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION 1. Occupancy of the facilities shall not commence until all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 2. Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one -hundred -eighty (180) days after permit issuance, and if a successful inspection has not been obtained from the building official within one -hundred -eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 3. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 4. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 5. The project shall be protected by a construction fence to the satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand bags, etc.). All fencing shall be view obstructing with opaque surfaces. EXHIBIT A I Planning Commission Resolution No. 2017-xx Page 11 of 11 6. The location of property lines and building pad may require a survey to be determined by the building inspection during foundation and/or frame inspection. 7. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 8. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 9. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 10. Drainage patterns shall match the approved grading/drainage plan from the Public Works/Engineering Department. Surface water shall drain away from the building at a 2% minimum slope. The final as -built conditions shall match the grading/drainage plan or otherwise approved as -built grading/drainage plan. 11. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. END EXHIBIT A I Planning Commission Resolution No. 2017-xx Page 12 of 11 ARCHITECT: ISI AI 10 f'I A 1 DIAMOND BAR, CA ATTACHMENT PROJECT: CLIENT: IMAMS ( CJD INANC H CENTER 1fflm ]OO H1 WNHH(� LLCM DIAMOND BAR BLVD. & GOLDEN SPRING DR. 9034 Wesf Sunsef Blvd. DIAMOND BAR, CALIFORNIA Wesf Hollywood, CA 90069 ;� , �' _; t r v r, L DRAWINGS INDEX AUG 1 J. 2017 0 COVER SHEET CITY OF DIAMOND BAR 1 COLORED SITE PLAN -LATEST 2 COLORED ELEVATIONS 3 RENDERING OF MAIN SHELL BLDGS 4 DETAILED SITE PLAN 5 ENLARGED SITE-FLR PLAN- HABIT 6 ROOF PLAN -HABIT 7 NORTH & EAST ELEVATIONS 8 SOUTH & WEST ELEVATIONS 9 BUILDING SECTIONS 10 CONCEPTUAL LANDSCAPE PLAN 11 EXISTING TREE INVENTORY PLAN ATTACHMENT PROJECT: CLIENT: IMAMS ( CJD INANC H CENTER 1fflm ]OO H1 WNHH(� LLCM DIAMOND BAR BLVD. & GOLDEN SPRING DR. 9034 Wesf Sunsef Blvd. DIAMOND BAR, CALIFORNIA Wesf Hollywood, CA 90069 Imo/ — I II I"I"t v /_q L� oFXnIMGHc TO NbWN TIRE lM'f1fx1NYKp11nLE 1NEE , F rEXNEXI NG EXISTING ——'UTPARCE uBw MWPS SERVICESTN RETAIL5 4,200 S.F fil 23 PMNxGEat ' SxrDEIPH - 4 I I 1, \ _ ' EMISiINGMVMG FYdSIING 'IT.. 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Ir b Fnu[ mv(mau lavY leletl Rw Ir PrN6 In Owe BI tq[ntrmmb ktlia 4[p nPtb I' P[N[t in q¢a 5R' G.rllm r.huYe SL Pt Iv T. W R.n[vN N bgmpgnb Raa ! . nyN. 1' T. W Rerovtl N n¢a M¢'m¢W bbm laml b' T. W.Rm.[J N wa. mi¢¢¢w Y Te W WnerJ Sk Fm Mv¢vp Wim lanl T. W RmwvJ 5] Rw. Mv¢np Intim Ivnal v b' T. W Rsn.M 5B Rnn wsimtie Emw blm. Pw Ir .1.0— ratFqs.Ir Ir (O PYIro rssnw 41iYwnu 5 Ir bl Rnw [nvimr's GrV labb Fw Ir Ramie[ b qs. bR 6wIYNu. ne¢¢H R.1 Irnbk IR' ..0— .b.tnd¢vIB' IW Pwbet n Pls. DIAMOND MERC CENTER 94M2OF2 P W.RWkpe.ftl Msv.G946 DATE: 08 -�-I, W"M"J I: 9<93W OB10 F: W93990BBR xw.cflµYq.Wn spMn�.NaavOep.CT931 I : ms.lBa3ag B: m.Ra.ax1 MA rim Diamond Bar, CA 9C.VE f -g -O' w CWC lam M 2 ATTACHMENT3 PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.1 MEETING DATE: October 11, 2016 CASE/FILE NUMBER: Development Review, Conditional Use Permit, Minor Conditional Use Permit and Comprehensive Sign Program No. PL2016-105 PROJECT LOCATION: GENERAL PLAN DESIGNATION ZONING DISTRICT: PROPERTY OWNER/ APPLICANT: SUMMARY: 249 S. Diamond Bar Boulevard Diamond Bar, CA 91765 (APN 8717-008-019, 020) General Commercial Regional Commercial (C-3) Diamond Springs, LLC 9304 W. Sunset Boulevard West Hollywood, CA 90069 The applicant is requesting Development Review approval, a Conditional Use Permit (CUP), a Minor CUP (MCUP), and approval of a Comprehensive Sign Program to renovate the former Kmart property. The proposed project includes an addition to the existing building, the construction of a freestanding `fast casual' restaurant building with drive-thru service, beer and wine service for a restaurant tenant, outdoor dining, and a veterinary clinic. RECOMMENDATION: Adopt the attached Resolution (Attachment 1) approving Development Review, Conditional Use Permit, Minor Conditional Use Permit and Comprehensive Sign Program No. PL2016-105, based on the findings of Diamond Bar Municipal Code (DBMC) Chapters 22.36, 22.48, 22.56 and 22.58, subject to conditions. BACKGROUND: The subject property consists of 8.14 acres located on the westerly side of Diamond Bar Boulevard with secondary frontage on Gentle Springs Lane, which is a private street. The site is currently developed with an 84,245 square -foot building (formerly occupied by a Kmart retail store and a Purrfect Auto Service vehicle repair facility), and a 9,210 square - foot outdoor commercial space occupied by Kmart's garden center, for a total floor area of 93,455 square feet. Kmart was the original tenant when the building was completed in December 1975. Sixty-five trees have been inventoried on the subject property, including the large -caliper Indian Laurel ficus that was removed earlier this year. The subject property shares reciprocal parking and access with neighboring parcels developed with a shopping center anchored by Ken's Ace Hardware and AutoZone. The subject property also shares reciprocal access with the neighboring McDonald's restaurant. The subject property does not share any common boundaries with the 76 gas station or the Walnut Valley Water District pump station. The boundaries of the subject property (labeled "Former Kmart Property") are shown below: Site and Surrounding General Plan, Zoning and Land Uses The subject property is located along the DBB commercial corridor between Golden Springs Drive and the Pomona Freeway (SR 60) flyover. The site is surrounded on three sides by a mix of retail stores, a motel, restaurants, gas stations and other automotive services. To the southwest is the Fall Creek condominium complex. PL 2016-105 (249 S. Diamond Bar Blvd.) Page 2 of 18 General Plan Designation Zoning Land Uses Retail, Restaurant, Service Site General Commercial C-3 (proposed) North General Commercial C-3 Restaurants, motel, tire center South General Commercial C-3 Retail, Restaurants, Personal Services East General Commercial C-3 Retail, Service Stations, Restaurants West High -Density Residential RMH Townhomes PL 2016-105 (249 S. Diamond Bar Blvd.) Page 2 of 18 PROJECT DESCRIPTION: The applicant proposes to renovate the exterior and interior of the existing building, build new shop space, and renovate the parking lot with new surfacing, landscaping and lighting. Project plans are included as Attachment 1. The requested entitlements are summarized below: • Development Review: o Renovation of the existing building ("Inline Building"): ➢ Demolish the existing 9,210 square -foot outdoor garden center. ➢ Partition the existing 84,245 square -foot building into three inline retail tenant spaces with new facades (depicted as "Retail 1, 2 and 3" on the plans). ➢ Construct an addition of approximately 12,155 square feet to the north end of the existing building ("Retail B"). o Construction of a 4,200 square -foot freestanding building ("Outparcel") to accommodate two fast casual food service tenants. The Outparcel is situated at the front of the subject property (i.e., toward Diamond Bar Boulevard), between the signalized driveway and the existing McDonald's restaurant at the corner of Diamond Bar Boulevard and Gentle Springs Lane. The easterly Outparcel tenant space is hereinafter referred to as "Outparcel Tenant Space 1," and the westerly Outparcel tenant space is hereinafter referred to as "Outparcel Tenant Space 2." Two outdoor dining patios, totaling approximately 680 square feet, are also proposed to serve the Outparcel tenants. o Renovation of the parking lot, including resurfacing and striping, new lighting, landscaping and accessibility upgrades in compliance with the Americans with Disabilities Act (ADA). o Conditional Use Permit (CUP) to establish the following uses: ➢ Drive-thru service for Outparcel Tenant Space 1. ➢ Establishment of a veterinary clinic as an ancillary use to a proposed pet store within Retail B. • Minor CUP (MCUP) to establish the following uses: ➢ Sale of beer and wine for onsite consumption for Outparcel Tenant Space 2. ➢ Outdoor dining areas for each Outparcel tenant. PL 2016-105 (249 S. Diamond Bar Blvd.) Page 3 of 18 • Comprehensive Sign Program to establish design criteria for all building -mounted and freestanding signs. Site Plan The overall existing layout of the Project Site remains the same, and all existing drive approaches are retained. Key modifications to the site plan are summarized and illustrated below: The area between the Inline Building and Gentle Springs Lane will be regraded to accommodate the 12,155 square -foot "Retail B" addition and a 55 -foot radius fire truck turnaround area. The rearmost portion of the parking lot surface will be extended into the slope facing Gentle Springs Lane. The existing parking lot will be reconfigured from an angled parking to a perpendicular parking layout. The applicant also proposes to improve the contiguous portion of the parking lot on the neighboring parcel to the south in the same manner. The proposed parking lot design includes diamond-shaped tree wells within the internal parking rows, spaced at one tree well for every five parking spaces. A total of 398 parking spaces is proposed on the subject property. PL 2016-105 (249 S. Diamond Bar Blvd.) • The existing loading dock at the rear of the Inline Building will be demolished, and three new ramp -down loading docks (one for each new tenant space) will be constructed. • A six-foot tall block wall will be constructed along the rear property line bordering the Fall Creek condominiums (as required under the Development Code where noncommercial developments border residential parcels). • The main entrance at Diamond Bar Boulevard will be enhanced with a 140 -foot long entry drive, enhanced pavement along the length of the entry drive, and flanked by posts and rails based on the enhanced streetscape elements recently installed along Grand Avenue and Diamond Canyon Park. m� z w DIAMOND BAR O ? THEME RAILS Qm STAMPED AND COLORED CONCRETE: \ / 4 "ASHLAR SLATE" TEXTURE 8 PATTERN "SONOMA SAND" COLOR ENHANCED ENTRY DRIVE a^'� tw7 Otmr I� NR I xmE rararoararv�m . iT uormY®ou uamtrwnvmmA"W ro udon� f.f,q IB9WYi.M. ��FY' �t jw ... _.i..., WOOD RAIL RAILS FLANKING THE ENTRY DRIVE • ADA improvements throughout the site, including a delineated walkway connecting the Diamond Bar Boulevard sidewalk to the Inline Building. Architecture A contemporary architectural style is proposed for both buildings, with a shared palette of materials, colors and details to establish a unified visual identity for the Project Site. PL 2016-105 (249 S. Diamond Bar Blvd.) Page 5 of 18 Inline Building The former Kmart facade is characterized by its minimal architectural relief, dominated by a continuous wall expanse, and punctuated by a mansard roof supported by four columns at the storefront. To accommodate the facade renovation, the mansard will be demolished, and openings will be cut into the wall surfaces to facilitate multiple tenants. The architect has designed each new storefront with a distinguishable facade so that each reads as an individual structure. Variations in rooflines and movement in wall planes strengthen the effect. Horizontal and vertical score lines ("reveals") are also utilized create patterns in the wall surfaces. At the pedestrian level, interest is provided by variations materials, colors, textures and details. The maximum height of the Inline Building is 35 feet. The architectural treatment for the new Retail B addition (shown with the "Tryout" signage below) will wrap around to the Gentle Springs frontage in order to emphasize its presence as a corner building. I MATCH LINE I muw SIDE ELEVATION Outparcel The design concept for the Outparcel is similar to the Inline Building, utilizing a composition of rectilinear modules and canopy elements to provide movement along the vertical and horizontal planes. Reveals are also utilized to add detail to the wall surfaces. Each tenant space is given its own features and massing proportions to distinguish itself from the other, while sharing certain materials and details to strengthen the cohesiveness of the building as a whole. These same unifying design elements are also shared with the Inline Building to emphasize the center's overall visual identity. The corner of the Outparcel building facing the intersection of Diamond Bar Boulevard and the Project Site's PL 2016-105 (249 S. Diamond Bar Blvd.) Page 6 of 18 main entry drive is similar to the corner treatment for Retail B, providing another unifying visual cue. The maximum height of the Outparcel is 25 feet. The proposed elevations for the Outparcel are shown below: Landscape Plans As stated, 65 trees were surveyed on the subject property, including the large -caliper ficus that was removed this past May. There are no protected trees on site. A tree inventory, identifying which trees will be removed and which will remain, is included in Exhibit B of the attached arborist report (Attachment 4). The landscape plan proposes to retain 29 of the existing trees and plant 76 new trees, primarily within the parking lot, for a total of 105 trees (a net increase of 40 trees). • In accordance with Development Code standards, 20% of the proposed new trees are 24 -inch box, while the other 80% are proposed to be 15 -gallon container sizes. • Proposed tree species consist of Mexican sycamore, Australian willow, crape myrtle and Chinese pistache. • Among the existing trees are three California sycamores along the Gentle Springs Lane frontage. Although they are not classified as protected trees under the City's Tree Preservation ordinance', they are proposed to remain in place. Tree protection measures for trees intended to remain in place are listed in the arborist report, and are included in the attached conditions of approval by reference. Twenty-five varieties of shrubs and groundcovers are included in the proposed planting plan, in one- and five -gallon container sizes. The proposed palette is comprised of Development Code Section 22.38.060 (Tree Preservation and Protection—Exemptions) includes the follow category of trees among those exempt from the ordinance: "Trees, except those designated by the city council as a historical or cultural tree and trees required to be preserved, relocated, or planted as a condition of approval of a discretionary permit, located on all developed properties prior to adoption of this Development Code." PL 2016-105 (249 S. Diamond Bar Blvd.) Page 7 of 18 climate -appropriate varieties, including aloe, agave, kangaroo paw, myoporum, New Zealand flax, pittosporum, raphiolepis and rosemary. In -ground planters are also proposed within the hardscape areas in front of the shop spaces. Exterior Lighting Existing parking lot light poles (approximately 30 -feet tall) and other exterior lighting within the subject property will be replaced with new LED lighting that conforms to CALGreen energy efficiency requirements. The new parking lot light poles are proposed to be 30 - feet tall. The poles along Diamond Bar Boulevard are proposed to be 25 -feet tall. The light poles along the rear of the property, bordering the Fall Creek condominiums, will remain, but will have the light heads replaced with an LED light source. All lighting will be shielded to prevent light spill and specular glare. Lighting levels along the rear property line are designed to be below the maximum threshold of 0.5 footcandles (a footcandle is the level of light produced by a candle measured one foot away; 0.5 footcandles would be half of that lighting level measured a foot away). Comprehensive Sign Program (DBMC Section 22.36.060) The Development Code requires a Comprehensive Sign Program (CSP) for multitenant developments of three or more separate tenants. The intent of a CSP "is to integrate a project's signs with the design of the structures to achieve a unified architectural statement. A comprehensive sign program provides a means for the flexible application of sign regulations for multitenant projects and other users of multiple signs in order to encourage creativity and provide incentive and latitude in the provision of multiple signs and to achieve, not circumvent, the intent of (the Sign Ordinance)." [DBMC 22.36.060(a)] The proposed CSP is included in Attachment 3. Detailed conceptual designs for the two monument signs are include in the attached plans and shown on the following page. The criteria are tailored to ensure that the proposed signage is appropriate to the Project, taking into account the square footages of the Inline tenant spaces and the distance that the Inline Building is set back from Diamond Bar Boulevard. Proposed modifications from the strict requirements of the Sign Ordinance, as prescribed in the CSP and monument sign plans, include the following: • Allowing more than one wall sign per tenant for those having more than a single facade (such as Retail B and the Outparcel tenants). • A 12 -foot tall monument sign for the Inline Building tenants (6 feet is the maximum allowable height without a CSP. • A second, 7 -foot tall monument sign for the Outparcel tenants (5 feet is the maximum height for detached buildings, and detached buildings need to be at least 10,000 square feet unless they are governed by a CSP) PL 2016-105 (249 S. Diamond Bar Blvd.) Page Monument Signs Both proposed monument signs, located along the Diamond Bar Boulevard frontage, are designed to complement the Project architecture and utilize the same stone veneer proposed on the buildings. The sign face backgrounds are proposed to be fully opaque so that only the sign text is illuminated. n 4d f� on wp" ANALYSIS: BOSSY b®tco 0 The following analysis sets forth the foundation for the Findings of Fact contained in the attached resolution. Together, the analysis and findings provide the basis for staff's recommendation that the Planning Commission approve the Project and all of its components, subject to the conditions set forth in the approval resolution. Development Review (DBMC Chapter 22.48) Consistency with Development Code Standards Staff has reviewed the proposed project and found it to be consistent with the development standards for commercial development in the C-3 zone. The table below provides a summary code analysis for the foundational development standards: Development... Standard Setback from right-of-way (landscaped) 1 10' 10' Yes Setback adjacent to other commercial None None Yes Setback adjacent to residential 10' 27' Yes Building Height Limit 35' 35' Yes Parking 338 spaces 398 spaces Yes Drive-thru Lane width 12' 11'* Yes* Drive-thru Lane interior turning radius 10' 10' Yes *A condition of approval requiring the minimum width to be met is included in the attached resolution PL 2016-105 (249 S. Diamond Bar Blvd.) Page 9 of 18 Consistencv with Citvwide Desian Guidelines The applicant has worked closely with staff to ensure that the Project is consistent with Diamond Bar's Citywide Design Guidelines. It is staff's opinion that the project successfully captures the spirit and intent of the Design Guidelines. In addition to conforming to the minimum development standards prescribed for the C-3 zoning district, the Project will significantly upgrade the aesthetics of the subject property by transforming the fortress -like appearance of the vacated Kmart frontage into a series of contemporary, inviting storefronts, and transforming the parking lot from a minimally landscaped "sea of asphalt" to an attractive setting that incorporates trees interspersed among all parking lot bays, as well as a tree -lined pedestrian connection leading from Diamond Bar Boulevard to the multi -tenant building. Notable elements of the Project design which address the Citywide Design Guidelines include, among other things, the following: • Monotony of building design is avoided through variations in wall planes, roof lines, details and materials. These design elements also succeed in reducing scale and bulk. • Both the large, Inline Building and the Outparcel building, incorporate elements which transition to the human scale. • An enhanced project entry has been designed into the project which incorporates stamped asphalt, accent trees and the "theme rails" used in the City's enhanced public streetscapes to reflect community character and values. The overall composition of building forms, articulation and details is visually pleasing and harmonious. A varied palette of materials and details, including stacked stone, brick, smooth stucco and metal, and a coordinated earthtone color scheme will convey a sense of physical permanence. Staff believes that the architecture has an enduring character that should outlast short-lived design trends. However, staff does recommend that the predominantly blank wall surfaces between Retail 1 and 2, and between Retail 2 and 3 (see figure below) incorporate some form of visual relief. A condition of approval is included in the attached resolution to require either additional architectural relief on these wall surfaces, or the planting of specimen trees within the planters proposed in front of those walls. PL 2016-105 (249 S. Diamond Bar Blvd.) Page 10 of 18 RETAIL 3 RETAIL 2 122,618 S.F. ^^ ±27,262 SF. - rtf� p p p p p OPTION A: STONE CLADDING OR ARCHITECTURAL RELIEF n 0 0 c 11 "max U®y 1-- e la OPTION B: PROVIDE: I !E 11,11 N TREES IN THESE LOCATIONS Conditional Use Permit Requests (DBMC Chapter 22.58) A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and general welfare, then it must deny the request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. In other words, if a new tenant could locate in the space and operate with the same service. The new tenant would be required to comply with the same conditions as its predecessor. Drive-Thru Service As described in the Project Description, drive-thru service is proposed for Outparcel Tenant 1, which, as of this writing, is slated to be occupied by a coffee house. The subject property is located within the General Commercial General Plan Land Use Designation. This land use designation is intended for regional, freeway -oriented, and/or community retail and service uses. An automobile -oriented use such as a restaurant with drive-thru service is clearly consistent with the intent of this land use designation. The proposed drive-thru lane and the building to which is an ancillary use have been site planned, oriented and configured to enable orderly vehicular circulation to occur in a manner that does not materially interfere with the operations of other uses in the vicinity. PL 2016-105 (249 S. Diamond Bar Blvd.) Page 11 of 18 The proposed drive-thru service lane has adequate vehicle queuing length to accommodate the expected demand in order to reduce the likelihood of vehicle stacking obstructing parking lot travel lanes. In addition, the drive-thru lane provides sufficient turning radii for customer vehicles to maneuver. The proposed drive-thru use is located within a commercial corridor occupied by retail stores, sit-down and drive-thru restaurants, service stations and other consumer services with varied days and hours of operation; as such, the surrounding built environment is an appropriate setting for the proposed use. Veterinary Clinic Veterinary clinics are permitted in the C-3 zoning district, subject to approval of a CUP. The proposed veterinary clinic will be located within a tenant space which will be occupied by a pet store as the primary use. Pet stores are permitted by right in the C-3 zone. The only distinction between the development standards for a pet store and veterinary services is that the parking requirement for veterinary services is lower than that of a pet store; as a result, the veterinary clinic component is regarded as an ancillary service rather than an intensification of use. Since the proposed veterinary clinic will function as an ancillary service within a permitted -by -right pet store, it will not materially alter the land use characteristics of the underlying retail pet store use. MCUP Requests (DBMC Chapter 22.56 Minor CUPs are required for projects which may have similar potential land use impacts as "major' CUPs, but such impacts are less likely, or would be of a lesser extent. MCUP requests are normally heard by the City's Administrative Hearing Officer, but because the requests discussed below are part of a larger project requiring Planning Commission review, the MCUP components must also be referred to the Commission. On -Site Beer and Wine Service As described in the Project Description, the sale of beer and wine for onsite consumption is proposed for Outparcel Tenant Space 2, which is intended to be occupied by a "fast casual" restaurant (without drive-thru service). Restaurants are permitted by right in the C-3 zoning district. Moreover, the sale of beer and wine for on-site consumption is routinely provided in conjunction with food service. Numerous restaurants in Diamond Bar, including restaurants in the immediate vicinity of the subject property, serve beer and wine, and there are no reported incidents of such menu service imposing negative impacts in the community. Moreover, the proposed sale of beer and wine for on-site consumption in conjunction with a restaurant use will be subject to the licensing requirements of the Department of Alcoholic Beverage Control (ABC). The City has not denied or revoked an MCUP for beer and wine sales in conjunction with a bona fide restaurant for at least a decade. Since there are no known locational or contextual characteristics associated with the proposed use that would lead staff to PL 2016-105 (249 S. Diamond Bar Blvd.) Page 12 of 18 believe that approving this proposed MCUP would lead to negative in land use impacts, staff recommends that the Commission approve the applicant's request. Outdoor Dining Restaurants with outdoor dining are relatively benign land uses. Noise generated by patrons and other sources within such dining areas are generally the only potential causes of detrimental impacts to their surroundings. Because there are no residences or other sensitive uses within the audible range of the proposed outdoor dining areas, and as well as the fact that the Outparcel is adjacent to a major arterial roadway, it is unlikely that the proposed outdoor dining areas would be incompatible with surrounding uses. Avoidance of potential conflicts between patrons dining outdoors and vehicles circulating within the surrounding parking lot and drive-thru lane are the only reasonably foreseeable compatibility issues to be considered in the design of the proposed outdoor dining areas. Such conflicts are avoided by designing the Outparcel site in such a manner that the dining areas are clearly delineated and physically separated from the adjoining parking lanes with raised curbing and other barriers. Required off-street parking for outdoor dining patios is based on their delineated square footage, and is subject to the same ratio of parking spaces (1 space per 300 square feet) for interior dining area. The combined floor area of the two dining patios is approximately 680 square feet, which generates a parking requirement of three parking spaces; this is in addition to 14 spaces required for the 4,200 square -foot Outparcel building. As summarized in the code analysis table earlier in this report, surplus parking is available satisfy the parking requirement for the entire Project, and entirely within the boundaries of the subject property. Comprehensive Sign Program (DBMC Section 22.36.060) The proposed Comprehensive Sign Program satisfies the purpose and intent of the Development Code by integrating the signage with the design of the building and having specific size, location, and design requirements for freestanding and building -mounted signs. The Sign Program enhances the overall development by providing size criteria for wall signs that are appropriate to the scale and setbacks of the buildings, and are placed so that they respect and harmonize with the architectural elements onto which they will be mounted. All text, graphics and logos will be individually fabricated in accordance with the tenants' branding specifications, and no generic letter styles or sign cabinets with interchangeable sign panels will be allowed. The proposed center identification monument signs, as described earlier, are architecturally designed to harmonize with the architecture of the buildings comprising the Project. The overall heights of the monument signs (7 and 12 feet) are appropriately scaled for Diamond Bar Boulevard, and are consistent with center identification signs for other shopping centers within the City: for example, the tallest monument sign at the Target center is 14 feet in height; and the pylon sign at Diamond Hills Plaza is PL 2016-105 (249 S. Diamond Bar Blvd.) Page 13 of 18 approximately 25 feet tall. The proposed monument signs are sufficient in height to provide visibility for motorists and to accommodate architectural elements that are of a higher caliber than most other freestanding business identification signs in the City. Traffic Operational Evaluation Left -Turn Ingress at the Signalized Project Entrance Because additional building square footage and drive-thru service is proposed—together with the expectation that the subject property will be successful after years of enduring the presence of an underperforming big box retailer—staff requested that one of the City's on-call traffic consultants (Sasaki Transportation Services) review the proposal and provide recommendations to maintain or improve existing levels of service at the signalized Project entry at Diamond Bar Boulevard. To aid in the analysis, traffic counts were performed the week following Labor Day 2016, a time when traffic volumes return to normal with school back in session and out-of-town summer travel winds down. A copy of the traffic analysis is included as Attachment 5. The driveway intersection will likely operate at a good level of service (LOS A) most of the time. However, based on operational factors, the traffic analysis recommends that dual -left turn lanes from northbound Diamond Bar Boulevard to the main driveway would be beneficial during peak conditions. This is based on examining the weekday (PM) peak hour findings for existing -plus -Project conditions. However, given the report's findings that an LOS of A would be sustained even without creating dual -left turn lanes, does not believe that such extensive roadway and signal modifications are warranted. Although there is adequate roadway width to accommodate striping to accommodate dual -left turns, signal modifications—and potentially the replacement of one or more signal poles—would be required to control the revised intersection movements. The Kmart store was underperforming for years. If that space was occupied by a more viable tenant, it is staff's opinion that the differential between existing and predicted traffic volumes would be even smaller. Rather than adding a second left -turn lane, staff recommends increasing the length of the existing left -turn pocket. The current length of the pocket is approximately 135 feet plus transition. The traffic analysis estimates Saturday peak volumes to be roughly 220 vehicles on average. Past studies have shown that one foot of left -turn storage at a signalized intersection for each left -turn vehicle during peak hours can be reasonably estimated to accommodate left -turn queuing. Based on this calculation, staff recommends lengthening the existing left -turn pocket to 220 feet plus transition. If the left -turn pocket is lengthened as recommended, two pine trees in the median closest to the current left -turn pocket transition would need to be removed to accommodate the pocket lengthening. Also, signal phasing may need to be adjusted to accommodate the longer left -turn pocket PL 2016-105 (249 S. Diamond Bar Blvd.) Page 14 of 18 A condition of approval is included in the resolution to require the applicant to construct the intersection improvements. It is anticipated that the improvements will be completed prior to opening day for the new supermarket, and a condition of approval has been added to require that the improvements be completed prior to the issuance of certificates of occupancy. It should also be noted that there are four driveways, in addition to the signalized driveway, that provide entry points to the subject property. Further, the signalized intersection at Diamond Bar Boulevard and Gentle Springs Lane includes a left -turn pocket for customers entering the project via that roadway. These various options for ingress and egress should adequately disperse customer traffic, and avoid over - concentrations of queuing at any one access point. Parkway Streetscape Improvements The City intends to install streetscape improvements along Diamond Bar Boulevard, between Golden Springs and the freeway ramps, utilizing thematic elements established along Grand Avenue, and at the intersection of Diamond Bar Boulevard and Brea Canyon Road. The streetscape improvements will be included in a future Capital Improvement Program. A condition of approval has been included to require the applicant to either install parkway theme improvements along the subject property's Diamond Bar Boulevard frontage, or to pay a fair -share contribution to the City for that same portion of the parkway. The fair - share cost, based on the engineer's estimate included as Exhibit A to the attached resolution, is $207,691.40. Loading Dock Noise Analysis Because of the Subject Property's adjacency to the Fall Creek condominium complex, and the proposed addition of two loading bays to the rear of the Inline Building, staff requested a noise study to identify potential noise impacts and, if warranted, mitigation measures to attenuate those impacts. The noise and vibration analysis, prepared by LSA Associates, is included as Attachment 6. Operational Noise Levels The analysis concludes that loading dock operations could generate a "maximum instantaneous noise level" (Lmax) of 75 decibels (dBA), measured at a distance of 50 feet from the noise source. This potential noise generation is determined not to create additional impacts to the neighboring residential uses due to the following factors: • The distance between the loading docks and nearest residential building exterior is approximately 100 feet. The distance would reduce noise by another 6 dBA from the above -noted 75 dBA Lmax estimate (i.e. 69 dBA Lmax). 05 (249 S. Diamond Bar Blvd.) Page 15 of 18 • Carports are located between the common property line and the nearest residences. These structures are estimated to provide shielding to cut noise levels by at least 5 dBA. • A six-foot block wall will be constructed along the common property line between the subject property and the condominium complex. The wall will provide additional noise shielding that did not exist when Kmart was in operation. The wall is estimated to reduce noise levels by an additional 5 dBA. The noise analysis concludes that the maximum noise level that could potentially reach the nearest residences would be 59 dBA. This level is below the City's maximum exterior noise standard of 70 dBA Lmax during daytime hours and 65 dBA Lmax during nighttime hours. Construction Noise The Municipal Code limits construction hours to the hours of 7 a.m. to 7 p.m., Monday through Saturday. The noise analysis recommends the implementation of the following "good neighbor" practices to limit construction noise levels to the extent feasible: • During all site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. • The construction contractors shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. • The construction contractors shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and noise -sensitive receptors nearest the project site during all project construction. • A temporary construction noise barrier, with a minimum height of 8 ft above ground, shall be implemented along the project's southwestern boundary between the project site and the nearest residences southwest of the project site. These construction noise attenuation measures have been incorporated into the conditions of approval. Parkins Lot Liahtin As stated, the existing 30 -foot light poles and fixtures will be replaced with high -efficiency lighting mounted on 25 to 30 -foot poles. DBMC Section 22.16.050(a) states that pole - mounted light fixtures shall generally not exceed 20 feet in height. The problem with this height limit target is that it is at odds with today's green building standards (DBMC Chapter 22.16 was adopted in 1998). Section 130.2(C)(3) of the California Energy Code requires light fixtures at or below 24 -feet in height to be installed PL 2016-105 (249 S. Diamond Bar Blvd.) Page 16 of 18 with motion sensors. This is not conducive to good security in a project such as a shopping center where motion sensors will create dark spots in areas when there is reduced activity. Modern exterior lighting technology enables greater precision in light spread and shielding, and virtually eliminates spillover. The proposed new lighting will provide a superior, even distribution of lighting throughout the parking lot, and will cut lighting levels to less than five footcandles at the property line adjacent to the Fall Creek condominiums. The City's more recently developed and renovated shopping centers, such as the Target center and Diamond Hills Plaza, utilize taller parking lot lights, so authorizing 25 to 30 - foot tall light poles within the Project site would be consistent with other, similar project approvals. REVIEWING AGENCIES: In addition to the Planning Division, the Public Works/Engineering Department and Building and Safety Division reviewed Project, and provided conditions of approval that have been incorporated into the attached resolution. The Los Angeles County Fire Department also reviewed the Project, and its requirements regarding emergency vehicle access have been incorporated into the project plans. Construction documents, permit issuances and inspections will be subject to review and approval of the offices named above, as well as County Public Health, County Industrial Waste and ABC. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the subject property, and published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on September 30, 2016. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. PUBLIC COMMENT: Staff received inquiries about the Project in response to the mailed and posted notices. At the time the staff report was published, staff did not receive any comments in opposition to the Project. ENVIRONMENTAL ASSESSMENT: The Project will result in a net floor area increase of 7,780 square feet. As such, the City has determined that the Project is not subject to the California Environmental Quality Act ("CEQA") because it falls within the class of Categorical Exemptions described under Article 19, Section 15301 (Existing Facilities) of the CEQA Guidelines in that the net increase in floor area does not exceed 10,000 square feet. Therefore, no further environmental review is required. PL 2016-105 (249 S. Diamond Bar Blvd.) Page 17 of 18 CONCLUSION In light of the foregoing analysis, and based on the findings contained in the attached resolution, staff recommends that the Commission approve all components of the Project, subject to the conditions of approval under Exhibit A of the attached resolution. Prepared by: Greg Gubman, AICP Community Development Director Attachments: 1. Draft Resolution No. 2016 -XX 2. Project Plans 3. Comprehensive Sign Program -A t 4. Arborist Report 5. Traffic Analysis 6. Noise and Vibration Impact Analysis - - -4- PL 2016-105 (249 S. Diamond Bar Blvd.) Page 18 of 18 MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION OCTOBER 11, 2016 CALL TO ORDER: ATTACHMENT 4 Chair/Mahlke 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: Vice Chair/Wolfe led the Pledge of Allegiance. 1 4 ROLL CALL: Present: Commissioners Naila Barlas, Frank Farago, Ken Mok, Vice Chair Raymond Wolfe and Chair Jennifer "Fred" Mahlke Also present: James Eggart, Assistant City Attorney; Greg Gubman, Community Development Director; Grace Lee, Senior Planner; David Liu, Public Works Director; Fabian Aoun, Assistant Engineer; and Stella Marquez, Administrative Coordinator. Others present: Steve Sasaki, Traffic Consultant MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Dr. Donna Earnhart asked about the property for sale between the on and off ramp of the SR/60 near Der Wienerschnitzel. About 20 years ago she was considering moving her veterinary hospital to that property which she learned, according to the geological survey, was unfit to build on because of potential landslides and wanted that information on the record. CDD/Gubman responded to the speaker that the site has geological issues. 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of September 27, 2016: C/Farago moved, C/Barlas seconded to approve the Minutes of the Regular Meeting of September 27, 2016. OCTOBER 11, 2016 PAGE 2 PLANNING COMMISSION AYES: NOES: ABSTAINED: 5. OLD BUSINESS: 6. NEW BUSINESS: 7. PUBLIC HEARING(S): COMMISSIONERS: COMMISSIONERS COMMISSIONERS None None Barlas, Farago, Mok, Chair/Mahlke None VC/Wolfe 7.1 Development Review Conditional Use Permit, Minor Conditional Use Permit and Comprehensive Sign Program No. PL2016-105 — Under the authority of Diamond Bar Municipal Code Sections 22.48, 22.58 and 22.36.060, the applicant requested Planning Commission approval of the following land use applications: 1. Development Review: • Kmart building renovation o Demolish the existing 9,210 square foot outdoor garden center. o Partition the existing 84,245 square foot building into three inline retail tenant spaces to accommodate a grocery store (approximately 29,365 square feet), an apparel and home fashion retailer (approximately 27,262 square feet) and approximately 27,618 of available retail space. o Construct an addition of approximately 12,155 square feet to the north end of the former Kmart building to accommodate a pet store. o Construction of a 4,200 square foot freestanding building ("outparcel") to accommodate two fast casual food service tenants. The new building is proposed to be located at the front of the property (i.e., toward Diamond Bar Boulevard), between the signalized driveway and the existing McDonald's restaurant. o Renovation of the parking lot, including resurfacing and striping, new lighting, landscaping and accessibility upgrades in compliance with the Americans with Disabilities Act (ADA). In addition to the subject property, the applicant proposes to renovate the parking lot of the neighboring Ace Hardware/Auto Zone/Dilliwala restaurant -anchored shopping center. OCTOBER 11, 2016 PAGE 3 PLANNING COMMISSION 2. Conditional Use Permit: o Drive-thru service for one of the two proposed outparcel tenants o Establishment of a veterinary clinic within the proposed pet store. 3. Minor Conditional Use Permit: o To authorize the sale of beer and wine for onsite consumption in conjunction with onsite food service for one of the two proposed outparcel tenants (the tenant not proposing drive-thru service) o To establish outdoor dining areas for both outparcel tenants. 4. Comprehensive Sign Program: All Diamond Bar shopping centers are required to establish design criteria for all building -mounted and free-standing signs. The applicant has thus submitted a proposed Comprehensive Sign Program as part of the overall project. The subject property consists of approximately 8.14 acres located on the westerly side of Diamond Bar Boulevard, directly south of Gentle Springs Drive as shown on the illustration of the property boundaries provided in staff's report. The subject property is zoned C-3 with an underlying General Plan Designation of General Commercial. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 249 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Diamond Springs, LLC 9304 W. Sunset Boulevard West Hollywood, CA 90069 CDD/Gubman presented staff's report stating that the proposed project is comprised of various components. The later portion of the presentation included analysis and recommendations, as well as corrections for which errata slides and sheets have been provided to the Commission. In addition, errata sheets have been provided for audience members, as well as a copy of the revised Traffic Study that includes recommendations for the signalized left turn pocket at the project entrance which will be discussed during staff's presentation. OCTOBER 11, 2016 PAGE 4 PLANNING COMMISSION CDD/Gubman stated that the drive-thru lane width needs to meet the Code's 12 foot minimum requirement and was not included in the draft resolution, therefore, he is recommending that if the Planning Commission decides to approve this project that it include in the motion the addition of Condition F 9 as written in the errata sheet. To address the left turn pocket improvements, the Condition in the resolution is proposed to be replaced with the language contained in the errata sheets, which in summary replaces the requirement for the dual left turn lane and associated signal upgrades and modifications by changing it to allow it remain as a single left -turn pocket with a length of 250 feet with signal phasing. And, this would need to be evaluated and modified, with the provision that the developer would have to work with the Public Works Department to ensure that the phasing of the signal was still optimal for the length of the left -turn pocket. CDD/Gubman concluded that staff is recommending Planning Commission approval of Development Review, Conditional Use Permit, Minor Conditional Use Permit, and Comprehensive Sign Program No. PL2016-105, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. C/Farago asked if the signal phasing study would include the signal at Golden Springs and Gentle Springs Lane and CDD/Gubman said that yes, the study would need to look at the series of signals from Golden Springs and Gentle Springs. What the study cannot do is work to improve the signalization at the freeway onramps because that signal is under the control of Caltrans. PWD/Liu has been working diligently to address some of those signalization issues which is a separate standalone task the City has been working on to deal with some of the congestion that the Caltrans signals are causing along Diamond Bar Boulevard. PWD/Liu said that the short answer is "yes" that staff will make sure that the main driveway signalization is in sync with the rest of the signals along Diamond Bar Boulevard, specifically the signals at Golden Springs (main driveway) and Palomino/Gentle Springs. As stated, the tricky part of this effort is the Caltrans on and off ramps. A fact well known to the Commission is that Diamond Bar Boulevard is a major cut -through boulevard for residents as well as commuters on a daily basis. The worst time is the afternoon peak traffic hours and at the eastbound on-ramp, Caltrans has an active "ramp meter" in place to assure freeway mainline efficiency which allows only a certain number of cars to access the "mainline"/freeway. Unfortunately, when Caltrans adjusts the meter they do not communicate the adjustment to the City which is typical throughout California. In any case, the City makes an effort to initiate a discussion with Caltrans on at least a OCTOBER 11, 2016 PAGE 5 PLANNING COMMISSION quarterly basis to see if they will make any adjustments. Bottom line is that Diamond Bar wants all four signals to be synchronized beginning from the ramps to Golden Springs Drive. Chair/Mahlke thanked CDD/Gubman for his very complete and thorough presentation. C/Farago asked for verification that if the Council approved the project it would have to include in its motion the change to F9 as well as the revision to K1 and CDD/Gubman responded affirmatively. C/Mok said that he too appreciated the thorough and complete presentation from CDD/Gubman. He asked if the 250 foot left turn pocket would provide 18 -wheelers appropriate access to the main driveway or would the trucks enter via Gentle Springs. He was concerned about cars stacking up behind trucks. When Kmart was in operation did trucks use the main driveway or come into the center via Gentle Springs. CDD/Gubman referred C/Mok to the applicant. The plans show that there are provisions for the entrance to have adequate width for vehicles to maneuver turning to the right and the way the loading docks are oriented, it is difficult for him to speculate on whether trucks would try to make the left turn. C/Mok said that in an ideal world the trucks would come down Gentle Springs and approach the loading docks from that direction. Can the Commission suggest that option? CDD/Gubman said that Gentle Springs is a private street and he would say that if the property owners objected to that (method of entry) they could restrict it so that the project would take access off of the Diamond Bar Boulevard driveways. C/Mok asked if traffic lanes in the parking lot would be blocked off during construction which would impact the current operating businesses and CDD/Gubman said that the project will be phased and the property owner, architect and project manager would be able to provide additional information about how the phasing would occur. There would be short-term impacts to the existing tenants because the neighboring property is requesting that the developer improve his portion of that shared parking lot at the same time. While there would be short term impacts, normally there are provisions so that businesses can remain open. C/Mok asked who was responsible for temporary signage to let the public know that businesses are open and are invited to shop during construction. CDD/Gubman said that it is the property owner's responsibility to provide that notification. OCTOBER 11, 2016 PAGE 6 PLANNING COMMISSION C/Mok said it would make sense to him that the design and theme should be carried throughout the entire area including the current businesses so that the project did not appear to be an "after -thought." He asked if the developer attempted to coordinate with the other property owner to see if the theme could be carried throughout the center and CDD/Gubman responded that the parking lot improvements will be consistent and uniform for the shared reciprocal parking (landscaping, lighting, trees, upgrading paving surface) and the applicant is taking that step to complete those improvements. With respect to a separate property, it would be an arrangement between the two property owners. C/Farago said he remembered that when Kmart was open the trucks came in from Diamond Bar Boulevard and circled around to the east side of the property to enter at the rear. The new plan appears to show parking spaces which would be the same route. He asked if there would be enough room for trucks to be able to service the building. CDD/Gubman said he saw some truck turning templates that show trucks would be able to clear that row of parking. Chair/Mahlke opened the public hearing. Dr. Douglas Barcon, a Diamond Bar resident (North Rock River Drive) said he saw the notification sign posted a few days ago. One thing he noticed was the garden center. Looking at the drawings something that jumped out at him was the pet store and the veterinary services inside the store because there is another veterinarian not too far away from this location and he feared it would impact that business as well. The shell for the future tenant was not specified at this point. There is a fitness center to the left of Kmart and he wanted to know if there was the possibility for another fitness center going into the spot. If so, the parking lot will be filled up. He said he would like to see a market that is conducive to the entire community and not just an ethically targeted market. McDonald's has coffee and a coffee house will impact McDonald's too. He was also concerned that the 390 parking spots would each be too narrow. Is a projection of 290 vehicles per hour for peak times or for the entire day and does it include the future tenant? Gentle Springs is a private street and if this project is going to impact that street with truck travel will the company pay its fair -share to maintain the street? If trucks enter on Gentle Springs they will block traffic at the intersection. Tanya Jacobsen, 23855 Bower Cascade Place said that in looking at the site plan the U-turn at the entry portal seems odd to her and the signage program did not show the location of the order point for the drive-thru so she was not sure how the calculation was made from the pickup window to the order point OCTOBER 11, 2016 PAGE 7 PLANNING COMMISSION and then to the end of the drive-thru. It appears the main ingress to the shopping center is one lane in and one lane out and with the traffic coming in from the left turn lane northbound and right turn coming southbound and a perpendicular drive aisle for main parking lot traffic flow which seems to her that the U-turn will cause a backup at that point. If the building was reoriented so that the drive-thru entry point was along the other side of the parking area or if the building is located closer to McDonald's it might help alleviate some of the left -turn lane backup. Regarding the continuity of the center, Smart & Final has already done a major remodel and Kmart is now going to be doing that as well and can the Planning Commission encourage the other owners to apply for future permits to build in a phased approach to update the entire center. Dr. Donna Earnheart said she is the owner and veterinarian at Village Animal Hospital on Golden Springs Drive, a stone's throw from where this project plans to open a Petco. On behalf of herself and her colleagues, Dr. Michael Tracy, Dr. Thomas Bigley and Dr. Charles Mintzer, all of whom have been serving the Diamond Bar community, because they will be impacted by this corporate veterinary clinic. She has been in practice in Diamond Bar since March 1983 and has been involved in Diamond Bar and surrounding communities and she is concerned. Mary Power said her main concern is the traffic because on a good day, one is lucky to make a left turn from Gentle Springs and now there will be more Lorbeer kids picked up at that shopping center. Good luck with traffic flow exiting the shopping center. She knows it is a Caltrans light because she talked with the City numerous times about that light. The kids walk between cars because the cars do not stop behind the lines. Traffic has become more of a problem in Diamond Bar over the past few years and this new shopping center will make it even more difficult. Mary Wehmeier, North Rock River Drive, asked if Diamond Bar signage requires English only. She does not want this project to change the demographic of the City which she believes would be detrimental. There is a six foot barrier wall proposed between the condos and the back of the project and she believes a six foot wall may not be tall enough. She is not a condo owner but has been to the back sides of the buildings on business over the years and the issue is that now there will be three or four loading areas at the back of the building where there was only one when Kmart was open. When Kmart was open semi tractor -trailers came in off of Diamond Bar Boulevard through the main entrance and went around to the left to the back side or around to the right at the front of the building and then around to the back side of the building. Nightly deliveries are made to Ace Hardware and two or three OCTOBER 11, 2016 PAGE 8 PLANNING COMMISSION other major businesses. Between the condominium complex and the loading bays for the new project she does not believe the side of the wall will be sufficient to mitigate the noise that will affect the condos bedroom areas. Delivery truck drivers can be told to tamp down the noise but they are only concerned with offloading the merchandise and leaving the area as quickly as possible. She is also concerned about Dr. Earnhart, Dr. Mintzer and the other local veterinarians. The veterinary business has seen a large influx of "corporate veterinary franchised veterinary clinics" and those clinics do not service the population in the local area in the same manner because they are "daytime" clinics. While Petco may want to have a veterinary clinic, the state board may say "no." Barbara Kesel, 1632 Acacia Hill Road, said that Diamond Bar has lost a significant amount of mature tree coverage and wanted to know if there was a minimum diameter and height for each of the new trees that will be planted and how they would be maintained. She wants to see something dynamic for this center and she likes a lot of what is there and what is proposed. She wanted to know where there was an area set aside in the parking lot to walk pets. Gene Detchemendy, property owner, said his firm (The Charles Company) bought the Kmart property about seven or eight years ago hoping that Kmart would eventually shut down. As the neighboring property owner, they were very excited when Kmart came to them about two years ago with an option to purchase them out which was concluded in order to develop the shopping center. He has been working with the City for the past 10 years trying to figure out how both properties could be put together and have probably made 10 different offers to the other property owner (Ace and Auto Zone) to purchase that property in order to bring the two properties together. The other property owner is 85 years old. He has done everything possible to try and bring these two properties together and although they have not been successful, they have met with him, his architects and consultants multiple times over the past six months to try to arrange and phase the parking lot in because his customers do not have any parking spaces and do the best possible to reline the parking lot, bring in the LED lights and new landscaping. The owner suffered through the Kmart tenure which controlled the parking area that unfortunately was operated at a level not up to the City's standards and having come in behind that it has become his company's job to fix it. His firm has had multiple meetings with the City Manager trying to figure out what the best use of the property would be. They have been fortunate to execute a lease with a major organic grocer, not a discount or ethnic grocer. He plans to make that announcement with that grocer when they have decided they have cleared a couple of hurdles including tonight's hearing. This is very exciting OCTOBER 11, 2016 PAGE 9 PLANNING COMMISSION for him because retailing today is stressed with many businesses closing down. This is a great community and retailers understand there is income here. In addition to the major organic box, there is a clothing box and a coffee shop which he believes is one of the best in the community. He does not believe there is another "Coffee Bean" in the City and he is very excited to bring that into Diamond Bar. His firm has been able to pre -lease a lot of the shopping center and now he is in a rush to move forward and get it open as quickly as possible. The City has been fantastic to work with — from the City Manager to CDD/Gubman with three to four conversations a week to try and get this project to where it is, to make the donation to the streetscape with the City's vision to looking at the traffic study. In response to concerns, the traffic count took into account a full retail user in the empty space. In addition, his firm is also excited because there is a lack of food on Diamond Bar Boulevard and Chipotle and others will be a nice addition. Also, there is a complete truck turnaround on his property. There was concern that in the past the trucks had done turnarounds on the neighboring property so there was a complete truck turnaround drawn in at the rear of the building so that it remains within his property and does not conflict with the neighboring property. There is an agreement for cross (shared) parking but because they do not own that property his firm wanted to be able to control its own destiny by having a complete truck turnaround on their property. His firm is very excited to be in Diamond Bar and before the Planning Commission. They are happy they bought the property about 10 years ago and are happy that they can eliminate the fagade of Kmart so the community can move on to something that will bring people in. Chair/Mahlke closed the public hearing. CDD/Gubman responded to speaker comments. Regarding the comments about the vet clinic and the potential impact to other vet businesses, the City cannot make a land use decision based on a type of business. If it is a use that has potential compatibility issues - proposing a bar or tavern next to a daycare center for instance - that is something that would be taken into consideration. But if it is a use that is not going to create a compatibility impact the City cannot look at whether it is going to affect the competition in that marketplace. There was a question about the possibility of a fitness center going into the 27,500 square foot shell that does not currently have a tenant commitment, a fitness center like Crunch Fitness or LA Fitness or Cross Fit, they are required to have a Conditional Use Permit under which one of the potential compatibility issues that is addressed is parking. He does not know if the applicant is contemplating a fitness center or something that will generate OCTOBER 11, 2016 PAGE 10 PLANNING COMMISSION more sales tax revenue for the City, but it would be subject to a Conditional Use Permit and they would not be able to occupy the premises without a Public Hearing before the Planning Commission. Regarding the question about what clientele the market would be catering to, the City has no discretion to exclude what kind of market wants to come in; if it is in the right zoning district, it has to be allowed. Having said that, based on what the applicant has said, it appears that it is a major retailer that has other locations in the region and other states. Concern was raised about the coffee house and he believes he heard confirmation that it is a Coffee Bean. Yes, McDonald's sells coffee, as well as, the 7 -Eleven across the street, Carl's Junior, Starbucks, etc., and their reliance on the coffee revenue is outside of the scope of the City's discretionary review. There was a question about whether the 239 vehicles are contemplated for the afternoon peak hours or for the entire day: It is the hourly estimate for afternoon peak periods. Regarding whether the applicant would upgrade the street, the City has facilitated at least two meetings with all of the property owners along Gentle Springs including the applicant, and staff will continue to facilitate those discussions. There is no Property Owner's Association or maintenance agreement in place. What happened years ago without any forethought about maintenance and upkeep is a problem and to have the Kmart fix its own piece does not really solve the overall problem, thus there needs to be ongoing meetings with all of the property owners. The City has come up with a cost estimate for repairing that roadway. There is a condition in the resolution which does not obligate all of the property owners to come to an agreement to do the repairs, but it further emphasizes that the applicant needs to continue working in good faith with their neighbors to make those much-needed repairs to that private street. Tanya Jacobson made suggestions about the site plan and perceived issues with the turn that would have to be made from the main driveway to enter the drive-thru which is obviously not a turning movement that can be made. He cannot say it is appropriate to require some reconfiguration of the building or site so that a vehicle can immediately turn in from the Diamond Bar entry when they could easily access the drive-thru lane by entering Diamond Bar Boulevard and proceeding up the drive aisle to make a loop maneuver OCTOBER 11, 2016 PAGE 11 PLANNING COMMISSION through the drive aisles to enter if they did not otherwise enter from Gentle Springs or any of the other driveways that provide access to the shopping center. There was a good question about what could be done about surrounding properties that have not made a commitment to upgrade to the standards of this project. The City does not have a lot of leverage. If a tenant or property owner wanted to add on to their property or build a new building on the under developed area between Smart & Final and CVS, for example, this would give the City some leverage to require some upgrades. Prior to his time with the City, CDD/Gubman said that Vons renovated their store which went from their store to Taco Bell; the Shell Station upgraded; and more recently, the Sizzler was upgraded for the East 180 Restaurant and now with Encore Teppan which topped what East 180 did. There are opportunities and when the City can seize on those opportunities it does so. Otherwise, it is more a matter of Code Enforcement such as when building exteriors are not maintained. Recently, Torito Plaza at the corner of Torito Lane and Golden Springs was found to have suffered significant deferred maintenance in its parking lot which became a Code Enforcement issue where the Code Enforcement staff required the property owner to resurface, restripe and re -landscape their parking lot. The City does not have a Redevelopment Agency and does not have an incentive program or monies for fagade upgrades that some communities have had in the past, particularly in their downtown areas where they might be able to offer matching funds. While there are no such programs currently, it is a possibility for the future and in the meantime, as far as mandating certain things there are only certain circumstances under which that can be done. Regarding signage and whether the City has an English -only requirement, it is unconstitutional for the City to mandate that. The City can and does require that English be included on a sign, but the City is forbidden to limit the content of a sign based on language. A speaker raised the question about whether or not a six-foot wall would be tall enough. Currently, there is no wall and a six-foot masonry wall is the Code requirement. The Noise Analysis took into account all of the physical characteristics including the design components of the project that includes that the loading docks be ramped down so that the trucks descend the ramp to provide some shielding. If there are noise issues that arise that are unforeseen in the Traffic Study, it is not something that the City would discuss with the property owner. However, there are several properties in the City OCTOBER 11, 2016 PAGE 12 PLANNING COMMISSION that back up to residential that have similar layouts and the City is confident that the existing conditions and design parameters including the required block wall will improve the noise impacts this project would potentially impose. Whether the state board would veto the vet clinic that is proposed, the operator is subject to other agencies and their requirements. As an example, even if the Planning Commission grants the Conditional Use Permit for the beer and wine sales at Chipotle, they must still go before the Department of Alcoholic Beverage Control to get their Beer and Wine License. Accordingly, there will be other autonomous agencies that will impose requirements such as the Health Department. With respect to parking space dimensions and configurations, as the site plan shows, the current angled parking would be reoriented to 90 degree parking which are more efficient (allow for more parking spaces) and the Code requires a minimum parking stall dimension of nine (9) feet wide by 19 feet deep and this project is required to meet this requirement for their parking. The site is able to yield the parking spaces with the drive -aisle minimum width of 26 feet. In addition, although the City's parking requirement for a shopping center of this size is one (1) parking space for every 300 square feet of floor area, staff has found that the national retailers often demand more parking than what the City requires. One example is Target whose corporate philosophy is five (5) spaces per thousand square feet. In this case, the code requirement is one (1) space per 300 square feet of floor area. Regarding trees, the Code requirements calls for a minimum of 20 percent of the trees must be 24 -inch box and 80 percent have to be 15 -gallon which is the ratio this project's landscape plan proposes. As the site plan shows, the parking lot has some sparse tree coverage around the edges of the retail spaces but it is essentially a sea of asphalt. The Diamond Bar Code requires incorporating within a parking bay one tree for every 10 spaces and this project meets that requirement. Obviously, a 15 -gallon tree will be somewhat spindly when planted but the smaller trees are more resilient and more quickly adapt to a larger specimen tree. One can see that if a 15 -gallon tree is planted next to a 36 -inch box tree that in a couple of years the 15 -gallon tree will be the same size because a younger tree is more adaptable than an older tree that has been cultivated in a container. CDD/Gubman concluded his responses responding to the final question about water usage that the state has mandated very strict water use standards in 2009 for new or rehabilitated development which was fairly draconian. Governor Brown then passed an Executive Order in 2015 which was followed by even more restrictive landscape standards. Water usage is subject to very OCTOBER 11, 2016 PAGE 13 PLANNING COMMISSION detailed formulas. Projects are allocated a "water budget" and they have to design their irrigation systems and select plant materials that stay within that water budget. This project will be plan checked by a licensed landscape architect that is under contract to the City to ensure it meets those Water Budget and other water efficiency requirements. The City is also potentially subject to audit if it does not enforce these Water Efficiency Standards. Water conservation is a big priority when dealing with new development. Moreover, this project is subject to low impact development standards and in addition to minimal water usage, the project will have within its design, water storage capacity and as such, this project will be severely restricted on how much water can exit the site and enter the storm drain system which means this site has to retain a significant amount of any storm water runoff within the site itself. This project will actually incorporate an underground basin to which water runoff is directed from which it would have to percolate into the ground and eventually reach the aquifers. Merely by being proposed, this project is subject to very demanding sustainable development practices that did not exist when this site was originally developed. Chair/Mahlke thanked CDD/Gubman for his responses and pointed out that it is helpful that his responses were clear on how the scope of the Commission's decisions are delineated with the Code about what the City is allowed to approve based upon what is allowed and what is not allowed for projects. VC/Wolfe said in follow up to Ms. Jacobsen's comment, while it is not a traditional move that somebody might make, undoubtedly somebody will make it and what that will do is impact the main entry off of Diamond Bar Boulevard when they get stuck trying to make that maneuver. He believes it is just the outbuilding that is supposed to be the coffee house which is closest to Diamond Bar Boulevard which is the only business that will be operating as a drive-thru. He believes there is something that could be done to further discourage people from making a U-turn out the throat to access the area. C/Farago asked if the City had an Ordinance that restricted tractor -trailers from loading and unloading in commercial areas during certain times, especially when adjacent to residential areas. CDD/Gubman said there are no restrictions on vehicle delivery hours per se. However, there are noise limitations. The Noise Ordinance has some technical provisions that are rather detailed in that regard, but essentially, the maximum exterior noise level (exterior wall of a residence) is 65 decibels and there are technical definitions about how those noise levels are determined i.e., what metrics are used to measure those noise levels. The Noise Analysis for this project concluded that the worst case would be 59 decibels at the exterior wall of the nearest residential building. OCTOBER 11, 2016 PAGE 14 PLANNING COMMISSION F] VCNVolfe moved, C/Farago seconded, to approve Development Review, Conditional Use Permit, Minor Conditional Use Permit and Comprehensive Sign Program No. PL2016-105 with the inclusion of errata F9 and revision of Condition K 1 as stated in the errata sheet as well as, direct staff to continue working with the developer to do more to prevent or dissuade drivers from making the U-turn movement into the queueing area for the drive-thru. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Barlas, Farago, Mok, VC/Wolfe Chair/Mahlke None None Chair/Mahlke congratulated Mr. Detchemendy and said he would be bringing this building substantially away from 1975 when it was built and although this City struggles with its balance of country roots, its history and the traffic that flows through the City, she believes that this project beautifully embraces the recent City branding and incorporating the Diamond Bar feel" while providing opportunity and options for appropriate growth to build on the traffic that is beyond the City's control. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Barlas asked if the City was looking at further development in the area of McDonald's. CDD/Gubman responded that just last week, McDonald's at the corner of Diamond Bar Boulevard and Gentle Springs submitted an application to tear down the existing building and reconstruct on the same site with a building that meets the corporate prototype requirements. C/Barlas said she took that as a good sign. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman stated that tomorrow night in this same room the inaugural meeting of the General Plan Advisory Committee will take place. The GPAC will convene at 6:30 p.m. Everyone is invited and welcome to attend. There is no new business for October 25 so the meeting will go dark. However, there are items tentatively slated for November 8. OCTOBER 11, 2016 PAGE 15 10. SCHEDULE OF FUTURE EVENTS: PLANNING COMMISSION Chair/Mahlke highlighted the Barktober event happening this Saturday at the Pantera Dog Park and the Fall Fun Festival on Halloween Day. This is the mid -point for Restaurant Week and there is still time to participate. ADJOURNMENT: With no further business before the Planning Commission, Chair/Mahlke adjourned the regular meeting at 9:10 p.m. The foregoing minutes are hereby approved this 8th day of November, 2016. Attest: Respectfully Submitted, Greg Gubman Community Development Director onifee ke, Chairperson ATTACHMENT 5 PLANNING COMMISSION RESOLUTION NO. 2016-26 A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DR/CUP/MCUP/CSP NO. PL2016-105 TO AUTHORIZE THE EXTERIOR RENOVATION OF AN EXISTING BUILDING, TO AUTHORIZE THE CONSTRUCTION OF APPROXIMATELY 7,145 SQUARE FEET OF NET ADDITIONAL FLOOR AREA; TO ESTABLISH A VETERINARY CLINIC; TO AUTHORIZE DRIVE-THRU SERVICE AT A RESTAURANT; BEER/WINE SALES FOR ON-SITE CONSUMPTION AT A RESTAURANT; TO ESTABLISH OUTDOOR DINING; AND TO ESTABLISH SIGN CRITERIA FOR A SHOPPING CENTER ON PROPERTY LOCATED AT 249 S. DIAMOND BAR BOULEVARD, DIAMOND BAR, CA 91765 (APN 8717-008-019 and 020 or "Subject Property"). A. RECITALS The property owner/applicant, Diamond Bar Springs, LLC has filed an application for Development Review, Conditional Use Permit, Minor Conditional Use Permit and Comprehensive Sign Program No. PL2016-105 to request the following approvals from the Planning Commission: (a) Development Review: i. Renovation of an existing building: (1) Demolish the existing 9,210 square -foot outdoor garden center. (2) Partition the existing 84,245 square -foot building into three inline retail tenant spaces with new facades. (3) Construct an addition of approximately 12,155 square feet to the north end of the existing building. ii. Construction of a 4,200 square -foot freestanding building ("Outparcel") to accommodate two fast casual food service tenants. The Outparcel is situated at the front of the Subject Property (i.e., toward Diamond Bar Boulevard), between the signalized driveway and the existing McDonald's restaurant located at the corner of Diamond Bar Boulevard and Gentle Springs Lane. The easterly Outparcel tenant space is hereinafter referred to as "Outparcel Tenant Space 1," and the westerly Outparcel tenant space is hereinafter referred to as "Outparcel Tenant Space 2." iii. Renovation of the parking lot, including resurfacing and striping, new lighting, landscaping and accessibility upgrades in compliance with the Americans with Disabilities Act (ADA). Planning Commission Resolution No. 2016-26 (b) Conditional Use Permit to establish the following uses: i. Drive-thru service for Outparcel Tenant Space 1. ii. Establishment of a veterinary clinic as an ancillary use to a proposed pet store. (c) Minor Conditional Use Permit to establish the following uses: i. Sale of beer and wine for onsite consumption for Outparcel Tenant Space 2. ii. Outdoor dining areas for each Outparcel tenant. (d) Comprehensive Sign Program to establish design criteria for all building - mounted and freestanding signs. The requested approvals described above shall be collectively referred to in this Resolution as the "Project." 2. The Subject Property is comprised of two parcels totaling 8.14 acres with a zoning designation of C-3 with an underlying General Plan land use designation of General Commercial. 3. The Subject Property is designated on the official maps of the Los Angeles County Assessor as Assessor's Parcel Numbers 8717-008-019 and 8717-008- 020. 4. The City has determined that the Project is not subject to the California Environmental Quality Act ("CEQK) because it falls within the class of Categorical Exemptions described under Article 19, Section 15301 (Existing Facilities) of the CEQA Guidelines in that the net increase in floor area does not exceed 10,000 square feet. Therefore, no further environmental review is required. 5. On September 30, 2016, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers, and public hearing notices were mailed to property owners within a 700 -foot radius of the Subject Property. Public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 6. On October 11, 2016, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 2 Planning Commission Resolution No. 2016-26 B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. The Planning Commission hereby approves the Project based on the findings and subject to the conditions set forth below. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Chapters 22.36, 22.48, 22.56 and 22.58, the Planning Commission hereby finds as follows: 1. Development Review Findings (DBMC Section 22.48.040) a. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, Citywide Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments): In addition to conforming to the minimum development standards prescribed for the C-3 zoning district, the Project will significantly upgrade the aesthetics of the Subject Property by transforming the fortress -like appearance of the vacated Kmart frontage into a series of contemporary, inviting storefronts, and transforming the parking lot from a minimally landscaped "sea of asphalt" to an attractive setting that incorporates trees interspersed among all parking lot bays, as well as a tree -lined pedestrian connection leading from Diamond Bar Boulevard to the multi -tenant building. Notable elements of the Project design which address the Citywide Design Guidelines include, among other things, the following. Monotony of building design is avoided through variations in wall planes, roof lines, details and materials. These design elements also succeed in reducing scale and bulk. Both the large, multitenant building and the Outparcel building incorporate elements which transition to the human scale. An enhanced project entry has been designed into the project which incorporates stamped asphalt, accent trees and the "theme rails" used in the City's enhanced public streetscapes to reflect community character and values. 3 Planning Commission Resolution No. 2016-26 b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards: • The Subject Property and those parcels contiguous to the Subject Property are already developed with commercial uses. Reciprocal parking and access easements between the Subject Property and neighboring uses currently exist and will be maintained. • Access and maneuverability for Los Angeles County Fire Department emergency vehicles has been designed into the Project site modifications to Fire Department specifications. Access into the Subject Property will be enhanced by the lengthening of the left -tum lane at the existing signalized entrance on Diamond Bar Boulevard. • The proposed Outparcel drive-thru service lane has adequate vehicle queuing length to accommodate the expected demand. In addition, the drive-thru lane provides sufficient turning radii for customer vehicles to maneuver. • A protected, ADA -accessible pedestrian path is provided within the parking lot to enable pedestrians to traverse the parking lot without utilizing parking lanes. c. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan: While the Project's architecture is clearly more contemporary and distinctive than the surrounding commercial architecture, it is not discordant in scale or style with those existing structures. Moreover, the Project's overall design is substantially more consistent with the Citywide Design Guidelines than most of the neighboring building stock. As such, the Project is likely to serve as a positive design influence for future renovations and new construction in the immediate vicinity. d. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing: The overall composition of building forms, articulation and details is visually pleasing and harmonious. A varied palette of materials and details, including 4 Planning Commission Resolution No. 2016-26 stacked stone, brick, smooth stucco and metal, and a coordinated earthtone color scheme will convey a sense of physical permanence, and style that will outlast short-lived design trends. Increasing the tree canopy throughout the Project site will further the site's appeal to occupants, customers and passersby. e. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity: The Project predominantly consists of the rehabilitation of an existing retail development. The primary land use will continue to be a shopping center. Rather than posing a detriment to the public health, safety or welfare, the Project will more likely enhance the community's visual character and economic viability by transforming a blighted development into an attractive setting which will provide added shopping opportunities within Diamond Bar. The revived, grocery store -anchored shopping center is likely to draw more customer traffic into the immediate vicinity and benefit neighboring commercial uses. f. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The Project is categorically exempt from CEQA as stated under Recital No. 4 of this Resolution. 2. Conditional Use Permit Review Findings for Drive-Thru Service in conjunction with Outparcel Tenant Space 1 (DBMC Section 22.58.040) a. The Proposed Use (i.e., drive-thru service for Outparcel Tenant Space 1) is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code: Drive-thru facilities are permitted in the .0-3 zoning district, subject to approval of a conditional use permit. The proposed drive-thru lane has been designed in compliance with the development standards for drive-through facilities set forth under DBMC Section 22.42.050. b. The Proposed Use is consistent with the general plan and any applicable specific plan: The Subject Property is located within General Commercial (C) General Plan Land Use Designation. This land use designation is intended for regional, freeway -oriented, and/or community retail and service uses. An automobile - oriented use such as a restaurant with drive-thru service is clearly consistent with the intent of this land use designation. 5 Planning Commission Resolution No. 2016-26 The Proposed Use is consistent with General Plan Strategy 1.3.3: ("Encourage neighborhood serving retail and service commercial uses') in that the proposed drive-thru service will provide an additional convenience for customers, and will presumably increase sales for the business providing drive-thru service, as well as draw more customers overall to the shopping center. c. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity: The proposed drive-thru lane and the building to which is an ancillary use have been site planned, oriented and configured to enable orderly vehicular circulation to occur in a manner that does not materially interfere with the operations of other uses in the vicinity. As stated, the drive-thru service lane has adequate vehicle queuing length to accommodate the expected demand in order to reduce the likelihood of vehicle stacking obstructing parking lot travel lanes. In addition, the drive-thru lane provides sufficient turning radii for customer vehicles to maneuver. The proposed drive-thru use is located within a commercial corridor occupied by retail stores, sit-down and drive-thru restaurants, service stations and other consumer services with varied days and hours of operation, as such, the surrounding built environment is an appropriate setting for the proposed use. d. The Subject Property is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints: The proposed use is located within an existing shopping center along a commercial corridor with direct access from Diamond Bar Boulevard, one of the City's three major arterials, expressly designed for the automobile as the primary means of transportation. All utilities and infrastructure exist to serve the proposed use. Moreover, a signalized intersection with a dedicated left - tum lane provides direct access into the Subject Property. To further ensure that adequate queuing capacity is provided for motorists entering the Subject Property, this entrance will be lengthened. e. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located: The Project predominantly consists of the rehabilitation of an existing retail development. The primary land use will continue to be a shopping center. Rather than posing a detriment to the public health, safety or welfare, the Project will more likely enhance the community's visual character and economic viability by transforming a blighted development into an attractive setting which will provide added shopping opportunities within Diamond Bar. The revived, grocery store -anchored shopping center is likely to draw more 6 Planning Commission Resolution No. 2016-26 customer traffic into the immediate vicinity and benefit neighboring commercial uses. The proposed Outparcel with drive-thru service for Outparcel Tenant will contribute positively to the mix of goods and services available at the Subject Property. f. The Proposed Use has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed drive-thru service for Outparcel Tenant 1 is a component of the overall Project which is categorically exempt from CEQA as stated under Recital No. 4 of this Resolution. 3. Conditional Use Permit Review Findings for the Establishment of a Veterinary Clinic as an Ancillary Use to a Proposed Pet Store (DBMC Section 22.58.040) a. The Proposed Use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code: Veterinary clinics and animal hospitals ("veterinary services') are permitted in the C-3 zoning district, subject to approval of a conditional use permit. This use is proposed within a tenant space which will be occupied by a pet store as the primary use. Pet stores are permitted by right in the C-3 zone. The only distinction between the development standards for a pet store and veterinary services is that the parking requirement for veterinary services is lower than that of a pet store; as a result, the veterinary clinic component is regarded as an ancillary service rather than an intensification of use. The Project as a whole exceeds the aggregate parking requirement for all uses contemplated to populate the Subject Property. >. The Proposed Use is consistent with the general plan and any applicable specific plan: The Subject Property is located within General Commercial (C) General Plan Land Use Designation. This land use designation is intended for regional, freeway -oriented, and/or community retail and service uses. As a community - oriented service use, a veterinary clinic is clearly consistent with the intent of this land use designation. The Proposed Use is consistent with General Plan Strategy 1.3.3: ("Encourage neighborhood serving retail and service commercial uses') in that Diamond Bar has a large pet population, and the City provides a variety of services for pet owners, including a dog park, and sponsors popular events such as Barktober Fest. A pet store in Diamond Bar will provide a local shopping option for the City's pet owners, and a veterinary clinic within the pet store will be an added convenience for the clientele, as well as provide residents with an additional choice for their pets' health care needs. Planning Commission Resolution No. 2016-26 c. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity: As discussed, the proposed veterinary clinic will function as an ancillary service within a permitted -by -right pet store. The proposed veterinary clinic will not materially alter the land use characteristics of the underlying retail pet store use. The Subject Property is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints: The Subject Property has and will continue to operate as a shopping center, and is adequately served by utilities and other infrastructure necessary for its day-to-day operations. When the proposed shopping center renovations are completed, vehicular circulation for motorists, delivery vehicles and public safety vehicles, and improved pedestrian accommodations for persons with accessibility needs. As a supplemental service within a retail store, the proposed veterinary clinic will not require additional on- or offsite improvements to accommodate it. e. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located: The proposed veterinary clinic will operate entirely indoors as a supplemental service to a related retail use. It is reasonable to conclude that it is unlikely that such an operation would pose a detriment to the vicinity or zoning district in which the proposed use will be located. f. The Proposed Use has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed veterinary clinic is a component of the overall Project, which is categorically exempt from CEQA as stated under Recital No. 4 of this Resolution. 4. Minor Conditional Use Permit Review Findings for the Sale of Beer and Wine for On -Site Consumption in conjunction with a Restaurant (DBMC Section 22.56.040) a. The Proposed Use (i.e., on-site beer and wine service for Outparcel Tenant 2) is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code: The sale of alcoholic beverages for on-site consumption in conjunction with a restaurant use is permitted in the C-3 zoning district, subject to approval of a minor conditional use permit. The proposed Outparcel within which the 8 Planning Commission Resolution No. 2016-26 restaurant is proposed has been designed in compliance with the development standards for the C-3 zoning district. b. The Proposed Use is consistent with the general plan and any applicable specific plan: The Subject Property is located within General Commercial (C) General Plan Land Use Designation. This land use designation is intended for regional, freeway -oriented, and/or community retail and service uses. Restaurant uses are clearly consistent with the intent of this land use designation. Moreover, the sale of beer and wine for on-site consumption is routinely provided in conjunction with food service. c. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity: The sale of beer and wine for on-site consumption will be an additional menu item available within a permitted -by -right restaurant, and will not materially alter the land use characteristics of the restaurant. d. The Subject Property is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints: The Subject Property has and will continue to operate as a shopping center, and is adequately served by utilities and other infrastructure necessary for its day-to-day operations. When the proposed shopping center renovations are completed, vehicular circulation for motorists, delivery vehicles and public safety vehicles, and improved pedestrian accommodations for persons with accessibility needs will be provided. The sale of beer and wine as a supplemental restaurant menu item will not require additional on- or offsite improvements. e. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located: The proposed sale of beer and wine for on-site consumption in conjunction with a restaurant use will be subject to the licensing requirements of the Department of Alcoholic Beverage Control, in addition to the conditions set forth in this resolution. Numerous restaurants in Diamond Bar, including restaurants in the immediate vicinity of the subject property, serve beer and wine, and there are no reported incidents of such menu service imposing negative impacts in the community. There are no known locational or contextual characteristics associated with the proposed use that would lead a reasonable person to believe that approving this proposed Minor Conditional Use Permit would lead to negative land use impacts that have not been Planning Commission Resolution No. 2016-26 observed elsewhere in the City. In light of these facts and observations, the likelihood is negligible that approval of this Minor Conditional could be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The Proposed Use has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed sale of beer and wine for on-site consumption in conjunction with a restaurant use is a component of the overall Project, which is categorically exempt from CEQA as stated under Recital No. 4 of this Resolution. 5. Minor Conditional Use Permit Review Findings for the provision of outdoor dining areas for each Outparcel tenant (DBMC Section 22.56.040) a. The Proposed Use (outdoor dining areas for each Outparcel tenant) is allowed within the subject zoning district with the approval of a minor conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code: Dedicated outdoor dining areas in conjunction with restaurant uses are permitted in the C-3 zoning district, subject to approval of a minor conditional use permit. Required off-street parking for the Proposed Use is based on the delineated square footage of the outdoor dining, and is subject to the same ratio of parking spaces to floor area that applies to the development in which the Proposed Use is located. Surplus parking is available within the Subject Property to satisfy the parking requirement for the Proposed Use. Compliance with other provisions of the Municipal Code, such as ADA accessibility, is verified during the City's plan check and inspection process. b. The Proposed Use is consistent with the general plan and any applicable specific plan: The Subject Property is located within General Commercial (C) General Plan Land Use Designation. This land use designation is intended for regional, freeway -oriented, and/or community retail and service uses. Restaurant uses are clearly consistent with the intent of this land use designation. Restaurants routinely provide outdoor dining when the appropriate setting is available for outdoor dining amenities. c. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity: 10 Planning Commission Resolution No. 2016-26 Avoidance of potential conflicts between patrons dining outdoors and vehicles circulating within the surrounding parking lot and drive-thru lane are the only reasonably foreseeable compatibility issues to be considered in the design of the proposed outdoor dining areas. Such conflicts are avoided by designing the outdoor dining areas in such a manner that they are clearly delineated and physically separated from the adjoining parking lanes with raised curbing and other barriers. d. The Subject Property is physically suitable for the type and density/intensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints: The Outparcel, including the outdoor dining areas, has been designed expressly to suit the detailed specifications of two national chain fast casual restaurants. e. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located: Restaurants with outdoor dining are relatively benign land uses. Noise generated by patrons and othersources within such dining areas are generally the only potential causes of detrimental impacts to their surroundings. Because there are no residences or other sensitive uses within the audible range of the proposed outdoor dining areas, and the Outparcel is adjacent to a major arterial roadway, it is unlikely that approval of this Minor Conditional could be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. f. The Proposed Use has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed outdoor dining areas are components of the overall Project, which is categorically exempt from CEQA as stated under Recital No. 4 of this Resolution. 6. Comprehensive Sign Program Findings (DBMC Section 22.36.060) a. The comprehensive sign program satisfies the purpose of this chapter and the intent of this section: The Comprehensive Sign Program satisfies the purpose and intent of the Development Code by integrating the signage with the design of the building and having specific size, location, and design requirements for freestanding and building -mounted signs. 11 Planning Commission Resolution No. 2016-26 b. The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the comprehensive sign program and to the structure and/or uses they identify, and to surrounding development: The proposed Comprehensive Sign Program enhances the overall development by providing size criteria for wall signs that are appropriate to the scale and setbacks of the buildings, and are placed so that they respect and harmonize with the architectural elements onto which they will be mounted. All text, graphics and logos will be individually fabricated in accordance with the tenants' branding specifications. No generic letter styles or sign cabinets with interchangeable sign panels shall be allowed. The Comprehensive Sign Program also provides for center identification and Outparcel tenant identification monument signs that are architecturally designed to harmonize with the architecture of the buildings comprising the Project. The overall height of the center identification monument is twelve (12) feet, which is appropriately scaled for Diamond Bar Boulevard, and is consistent with center identification signs for other shopping centers within the City. The proposed Outparcel tenant monument sign, at seven (7) feet in overall height, is sufficient to provide visibility for motorists and to accommodate architectural elements that are of a higher caliber than most other freestanding business identification signs in the City. c. The comprehensive sign program accommodates future revisions which may be required due to changes in uses or tenants: The Comprehensive Sign Program establishes uniform and unifying criteria to accommodate future tenant or branding changes, while maintaining the standards of design quality required of all tenant signage. d. The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes of this chapter: The comprehensive sign program complies with the standards of Development Code Chapter 22.36 and will enhance the overall development through consistency with the City's Design Guidelines for commercial signage, uniformity and easy identification of the signs, and neighborhood compatibility. Appropriate criteria is provided with regard to the letter and logo heights of wall signs for the height of the building -mounted signs on storefront walls that are located nearly 400 feet from the Diamond Bar Boulevard right-of-way line, and for the freestanding signs to be located along Diamond Bar Boulevard. D. CONDITIONS OF APPROVAL Approval of the Project is subject to the conditions of approval attached hereto as Exhibit A. 12 Planning Commission Resolution No. 2016-26 The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Diamond Bar Springs, LLC, 9304 W. Sunset Boulevard, West Hollywood, CA 90069, APPROVED AND ADOPTED THIS 11th DAY OF OCTOBER 2016, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: lV W e nifer 1 <e, Chairperson I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 11th day of October, 2016, by the following vote: AYES: Commissioners: Barlas, Farago, Mok, VC/Wolfe, Chair/Mahlke NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: Greg Gubman, Secretary STATE OF CALIFOPNI ry COUNTY OF L05 ANGELES 5- SS CITY OF DIAMOND EAR !!! I, T'OiLMYEA aummC_[4Ty(nx I z Ur rba- UAY UNDER THE LAWS S OF 'ME OF CALIFORIN;A T -ME FORGO1.20 TO BE A TRUE AND CO.RkECT CO?Y OF THE IAL AS SAME Afj'EAIFS ON FILE IN M,, [TNESS 1 RIVE HEREL,'IT0 SZr 13 DR/CUP/MCUP/CSP No. PL2016-105 "Exhibit A" l I I I CONDITIONS OF APPROVAL \ fJ89� PROJECT #: Development Review/Conditional Use Permit/Minor Conditional Use Permit/Comprehensive Sign Program No. PL 2016-105 PROPERTY Diamond Bar Springs, LLC OWNER/APPLICANT: 9304 W. Sunset Boulevard West Hollywood, CA 90069 PROJECT LOCATION: 249 S. Diamond Bar Boulevard, Diamond Bar, CA 91765/ APN 8717-008-019 and 20 (Hereafter referred to as the "Subject Property') 1, Development Review: (a) Renovation of an existing building: (1) Demolish the existing 9,210 square -foot outdoor garden center. (2) Partition the existing 84,245 square -foot building into three inline retail tenant spaces. (3) Construct an addition of approximately 12,155 square feet to the north end of the existing building. (b) Construction of a 4,200 square -foot freestanding building to accommodate two fast casual food service tenants, at the front of the property (i.e., toward Diamond Bar Boulevard), between the signalized driveway and the existing McDonald's restaurant (hereafter referred to as the "Outparcel;" the tenant spaces are hereinafter referred to as "Outparcel Tenant Space 1" and "Outparcel Tenant Space 2"). (c) Renovation of the parking lot, including resurfacing and striping, new lighting, landscaping and accessibility upgrades in compliance with the Americans with Disabilities Act (ADA). 2. Conditional Use Permit to establish the following uses: (a) Drive-thru service for Outparcel Tenant Space 1. (b) Establishment of a veterinary clinic as an ancillary use to a proposed pet store. PL2016-105 Page 1 of 14 Planning Commission Resolution No. 2016-261 Exhibit 3. Minor Conditional Use Permit to establish the following uses: (a) The sale of beer and wine for onsite consumption for Outparcel Tenant Space 2. (b) Outdoor dining areas for each Outparcel tenant. 4. Comprehensive Sign Program to establish design criteria for all building -mounted and freestanding signs. A. GENERAL REQUIREMENTS 1. The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of PL2016-105 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: a. Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. b. Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. The conditions contained herein shall run with the Subject Property and shall be binding upon all future owners, tenants, operators, or successors thereto. Non-compliance with any condition of approval shall constitute a violation of the Diamond Bar Municipal Code, and shall be subject to the penalties set forth therein. 3. This approval shall not be effective for any purpose until the Applicant has filed, within twenty-one (21) days of approval of this Project, at the City of Diamond Bar Community Development Department, an affidavit stating that they are aware of and agree to accept all the conditions of this approval. 4. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License as required by law; and a zoning approval for those businesses located in Diamond Bar. 5. Signed copies of Planning Commission Resolution No. 2016-26 and Conditions of Approval shall be included on the construction plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. PL2016-105 Page 2 of 14 Planning Commission Resolution No. 2016-261 Exhibit 6. Each condition of approval shall be satisfied prior to the milestone set forth for that condition (e.g., building permit issuance, certificate of occupancy, etc.). If compelling circumstances warrant modification to the timing for satisfaction of a condition, the Applicant may request that the Community Development Director approve such a modification. The Community Development Director reserves the discretion to approve or deny the requested modification, and to require the posting of surety or other performance guarantee as a condition of approving such a modification. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. The property owner/applicant shall remove the public hearing notice board within three days following this project's approval. 9. The applicant shall ascertain and comply with the requirements of the Los Angeles County Fire Department pertaining to construction activities, Project development and Project operations. 10. The applicant, as part owner of Gentle Springs Lane, a private street, shall work in good faith with the street's other owners to rehabilitate it within a reasonable timeframe. However, the Project will not be encumbered by a requirement that Gentle Springs Lane be rehabilitated, prior to completion of the Project. 11. To verify compliance with these conditions of approval, the applicant shall request and pass a final inspection performed by the Planning Division prior to the issuance of any certificate of occupancy. No certificate of occupancy shall be granted until all improvements required pursuant to the Project conditions of approval have been properly constructed, inspected, and approved. B. FEES/DEPOSITS 1. Within five (5) days following the date of Project Approval, the applicant shall submit a check payable to the Los Angeles County Clerk in the amount of $111.12 for the filing of a Notice of Exemption. 2. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building or grading permit, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. PL2016-105 Page 3 of 14 Planning Commission Resolution No. 2016-26 1 Exhibit A 3. Prior to plan check approval, all deposit accounts for the processing of this Project approval request shall have no deficits. C. TIME LIMITS The approval of the Project expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 22.66.050 (b)(1). The applicant may request in writing a one- year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. D. CONSTRUCTION DOCUMENTS Construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the Planning Commission, as modified pursuant to the conditions below. Construction document requirements are detailed further under the Public Works/Engineering and Building and Safety subsections of these Conditions of Approval. 2. Prior to building issuance, a Certification of Design, together with landscape and irrigation plans prepared by a licensed landscape architect, shall be submitted to the Planning Division for review and approval by the City's Consulting Landscape Architect. Landscape construction documents shall be separately collated and submitted as a standalone construction document package. a. Submit three (3) separately collated sets of landscape construction plans which include planting plans, irrigation plans, grading plans, calculations and specifications. Contact the City's consulting landscape architect/plan checker Greg Clark, ASLA at (909) 481-5750 for questions regarding specific submittal requirements. b. Review of the landscape construction documents shall be subject to the hourly rates set forth under the City's contract with the Consulting Landscape Architect, plus an 18 -percent administrative fee, in effect at the time of landscape construction document submittal. c. Landscape and irrigation plans, and all supporting documentation, shall comply with the City's Water Efficient Landscaping Ordinance in effect at the time of construction document submittal. E. LAND USE AND DEVELOPMENT REQUIREMENTS The conditions set forth in this subsection shall be incorporated into the construction documents as applicable, and shall run with the land: PL2016-105 Page 4 of 14 Planning Commission Resolution No. 2016-26 1 Exhibit A All ground -mounted utility appurtenances, such as transformers, air conditioning condensers, etc., shall be located out of public view, or adequately screened through the use of a combination of walls, berms, and/or landscaping to the satisfaction of the Planning Division, provided they maintain the required utility company clearances. The use of UV resistant wrap films on such appurtenances may also be utilized where appropriate and effective for screening purposes, subject to prior review and approval of the Serving Utility Provider and Community Development Director. This condition is not applicable to utility appurtenances behind the existing Building which shall be considered out of public view. 2. All roof -mounted equipment shall be screened from public view 3. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 4. The exposed faces of newly -constructed retaining walls, if any, along Gentle Springs Lane and within other public viewsheds shall have decorative surfaces, subject to review and approval of the Community Development Director. Existing retaining walls to remain along Gentle Springs Lane shall be screened by landscaping where feasible. Except for shopping cart corrals located within the parking lot, shopping carts shall be either: a. Stored within the interiors of the associated tenant spaces; or b. Located within fully -screened corrals located along the associated tenant storefronts. Designs and construction plans for exterior shopping cart storage areas shall be submitted to the Planning Division for review and approval. 6. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. 7. Existing trees to be retained and incorporated into the Project shall be protected in accordance with the "Construction Guidelines for Trees to Remain and be Preserved" as listed in the arborist report prepared for the project by Steve F. Andresen Arborist Services, Dated September 2016. Protective fencing and other temporary measures shall be incorporated into the grading plan, both graphically and in the grading plan project notes. Trees that are damaged or fail to survive construction activities shall be replaced with specimen trees; proposed replacement tree species shall be submitted to the Community Development Director for review and approval. PL2016-105 Page 5 of 14 Planning Commission Resolution No. 2016-26 1 Exhibit 8. At least one of the following design options shall be executed within the areas between Retail 1 and 2, and between Retail 2 and 3, as depicted in the figure below: a. Clad the entire wall surfaces of "0" -planes of Retail 1-2 and 2-3 with ledgestone or clinker brick veneer, or provide an alternative method of architectural relief subject to review and approval of the Community Development Director. b. Incorporate specimen trees within the planters in front of the blank walls connecting the Retail 1-2 and Retail 2-3 inline tenant spaces, as depicted in the figure below. Tree species shall be subject to approval of the Community Development Director. RETAIL 3 .rv: RETAIL 1 C3 �� M '0 OPTION A: STONE CLADDING OR ARCHITECTURAL RELIEF 0 OPTION B: PROVIDE SPECIMEN TREES IN THESE LOCATIONS - 9. The Outparcel drive-thru lane shall be constructed with a minimum curb -to - curb width of twelve (12) feet and a minimum interior turning radius of ten (10) feet. 10. The Outparcel drive-thru lane shall incorporate and maintain design features and/or traffic controls to discourage inbound turning movements requiring an acute right -turn angle. The methods for discouraging such turning movements shall be subject to review and approval of the Public Works Director. F. CONSTRUCTION NOISE CONTROL 1. Construction shall be limited to the hours between 7:00 a.m. and 7:00 p.m. on weekdays and Saturdays in accordance with the Diamond Bar Municipal Code. Construction activity within fully enclosed buildings may occur provided that such activity is not audible at the Subject Property's parcel boundaries, subject to approval by the Community Development Director. PL2016-105 Page 6 of 14 Planning Commission Resolution No. 2016-26 1 Exhibit A 2. During all site excavation and grading, the project contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers consistent with manufacturers' standards. 3. The construction contractors shall place all stationary construction equipment so that emitted noise is directed away from sensitive receptors nearest the project site. 4. The construction contractors shall locate equipment staging in areas that will create the greatest distance between construction -related noise sources and noise -sensitive receptors nearest the project site during all project construction. 5. A temporary construction noise barrier, with a minimum height of 8 ft above ground, shall be implemented along the project's southwestern boundary between the project site and the nearest residences southwest of the project site. G. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. H. ON -PREMISE BEER AND WINE SERVICE 1. The sale of beer and wine for on-site consumption is approved for Outparcel Tenant 2 only as set forth in this Resolution 2. The business operator shall obtain the appropriate permit from the Department of Alcoholic Beverage Control (ABC) and provide written verification to the City of said license before commencing the sale of on-site consumption of alcoholic beverages. Applicant shall be in compliance with all requirement of said licensing agency. PL2016-105 Page 7 of 14 Planning Commission Resolution No. 2016-261 Exhibit 3. The sale of beer and wine shall only take place when the kitchen is open and the full menu is available for ordering. For the purposes of this condition, the service of meals shall be as defined by Section 23038 of the State of California Business and Professions Code ("bona fide public eating place'). 4. Barriers enclosing outdoor seating areas where beer and wine is consumed shall be subject to ABC requirements, and shall be constructed with decorative materials, subject to review and approval of the Planning Division. CONTACT PUBLIC WORKS/ENGINEERING AT 909-839-7040 WITH QUESTIONS REGARDING THE CONDITIONS LISTED UNDER SECTIONS H THROUGH M BELOW. I. STANDARD REQUIREMENTS 1. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. 2. The applicant shall comply with Low Impact Development (LID) requirements to the satisfaction of the City Engineer. The LID Plan will be required to comply with the 2012 MS4 Permit. The LID Plan shall be approved prior to grading permit issuance and/or building permit issuance for new structures. 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 7:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. J. SOILS REPORT/GRADING/RETAINING WALLS 1. Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City Engineer. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available PL2016-105 Page 8 of 14 Planning Commission Resolution No. 2016-26 1 Exhibit A from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. Finished slopes shall conform to City Code Section 22.22.080 -Grading. All easements shall be clearly identified on the grading plan. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 -foot high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. 10. A pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 11. Rough grade certifications by project soils and civil engineers shall be submitted prior to issuance of building permits for the foundation of the structure(s). Retaining wall permits may be issued without a rough grade certificate. 12. Final grade certifications by project civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. PL2016-105 Page 9 of 14 Planning Commission Resolution No. 2016-26 1 Exhibit A 13. Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. K. DRAINAGE Detailed drainage system information of the lot shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer. L. OFF-SITE STREET IMPROVEMENTS Prior to the issuance of a Certificate of Occupancy for any land use within the Subject Property, the signalized intersection providing direct access into the Subject Property shall be improved as follows: a. The left -turn pocket shall be lengthened to 250 feet plus transition for the northbound Diamond Bar Boulevard to westbound Subject Property driveway. b. Signal phasing shall be evaluated and modified to accommodate the lengthened left -turn pocket as directed by the Public Works Department. Street improvement plans shall be submitted to the Public Works Department for review approval and permit issuance prior to the commencement such work. 2. Prior to the issuance of a Certificate of Occupancy for any land use within the Subject Property, the Applicant shall either: a. Submit plans for review and approval, obtain permits and construct improvements along the Subject Property's Diamond Bar Boulevard parkway frontage in conformance with the Diamond Bar Citywide Streetscape Design Guidelines, as listed in Exhibit B of this Resolution; or b. Submit payment to the City of Diamond in the amount of $207,691.40 to be applied toward future public streetscape improvements along Diamond Bar Boulevard, between Golden Springs Drive and the SR60 on and offramps. PL2016-105 Page 10 of 14 Planning Commission Resolution No. 2016-26 1 Exhibit A M. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purpose shall be offered and shown on the detailed site plan for dedication to the City or affected utility company as deemed necessary. 2. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 3. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. N. SEWERS 1. Applicant shall obtain connection permit(s) from the prior to issuance of building permits. 2. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City and, if necessary, the Los Angeles County Public Works Department. Sewer plans related to Los Angeles County maintained facilities shall be submitted for review and approval by the City Public Works Department. All other privately maintained sewers shall be submitted for review and approval by the City Building and Safety Division. 3. A Sewer Study shall be submitted to the satisfaction of the City Engineer. If the Study finds the existing sewer system is not adequate to handle the new development flows, the applicant shall pay impact fees as deemed necessary by the City or upgrade the existing sewer system as necessary. All impact fees shall be paid prior to issuance of final inspection. CONTACT BUILDING AND SAFETY AT 909-839-7020 WITH QUESTIONS REGARDING THE CONDITIONS LISTED UNDER SECTIONS K THROUGH N BELOW. O. General Conditions 1. At the time of plan check submittal, plans and construction shall conform to currently adopted State and Local Building Code requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for Cal Green shall be implemented onto plans. Certification shall be provided by the project design team and coordinated with Building Inspections. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current Cal Green Code. PL2016-105 Page 11 of 14 Planning Commission Resolution No. 2016-261 Exhibit P. PLAN CHECK — Items to be addressed prior to plan approval: 1. An accessible path of travel is required to occur from the public way to each building as well as between each retail pad. The ADA path of travel shall not exceed 5% in the path of travel and 2% cross -slope. Drainage gutters shall not impede any paths of travel. Ramps, including and curb ramps, shall not exceed a slope of 8.33%. 2. Entrance landings shall have a maximum 2% slope in all directions. 3. The minimum design load for wind in this area is 110 M.P.H. exposures "C" and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. Public Works/Engineering Department is required to review and approve grading plans that clearly show all finish elevations, drainage, and retaining wall(s) locations. These plans shall be consistent with the site plan submitted to the Building & Safety Division. 5. "Separate permit shall be required for all wall and monument signs and light poles" and shall be noted on plans. 6. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Type of construction b. Sprinkler system C. Each group occupancy Cl. Scope of work for shell building. If it includes any interior alteration, mechanical units on roof, extent of plumbing work, and extent of exit lighting. e. Accessibility analysis for the entire site and for each building f. Shaft rating/ exterior wall construction/ opening protection 7. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 8. The location of plumbing lines shall be located on plans for the future tenant improvements as well as proposed area for future grease interceptor. Where the interceptor is installed under this permit, LA County Industrial Waste approval is required. 9. An allowable area analysis with type of construction and location of existing or new fire walls shall be shown on plans to justify the type of construction and area. PL2016-105 Page 12 of 14 Planning Commission Resolution No. 2016-26 1 Exhibit A 10. Changes to the onsite utilities shall be shown on the plans and shall be approved separately by each separate utility agency. 11. Trash enclosures shall be accessible to the disabled. 12. On-site utility work beyond the utility provider connection point, will require Building permit and separate plan check fees. Q. PERMIT — Items required prior to building permit issuance: 1. A construction phasing plan shall be submitted to the Building and Safety Division for review and approval. 2. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 3. Prior to building permit issuance, all school district fees shall be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 4. Alterations to the sewer lines shall be approved by Public Works and LA County Sanitation District. 5. AQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 6. All workers on the job shall be covered byworkman's compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. 7. The applicant shall verify all required outside agency approvals required prior to permit issuance as applicable including LA County Fire, Industrial Waste, and Health. R. CONSTRUCTION — Conditions required during construction: 8. No occupancy of the facility shall occur until tenant improvements are completed and all work is finalized by all municipal agencies. 9. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 10. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. PL2016-105 Page 13 of 14 Planning Commission Resolution No. 2016-261 Exhibit 11. The project shall be protected by a construction fence to the satisfaction of the Building Official, and shall comply with the NPDES & BMP requirements (sand bags, etc.). All fencing shall be view obstructing with opaque surfaces. 12. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 13. The applicant shall first request and secure approval from the City for any changes or deviations from approved plans prior to proceeding with any work in accordance with such changes or deviations. 14. Drainage patterns shall match the approved grading/drainage plan from the Public Works/Engineering Department. Surface water shall drain away from the building at a 2% minimum slope. The final as -built conditions shall match the grading/drainage plan or otherwise approved as -built grading/drainage plan. 15. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. 16. All plumbing fixtures, including those in existing areas, shall be low -flow models consistent with California Civil Code Section 1101.1 to 1101.8. 17. Accessible paths of travel shall be maintained at 48" minimum with no obstructions. END PL2016-105 Page 14 of 14 Planning Commission Resolution No. 2016-26 1 Exhibit A Exhibit "B" Construction Estimate for Theme Streetscaoe at 249 S. Diamond Bar Boulevard BASE BID ITEMS QTY UNITFU NIT OST SUB TOTAL BASE COST EXTENSION OF BASE EXTENSION - COST TOTALS Demolition Concrete Sidewalk Removal 1,365 SF $3.00 4,095.00 Concrete Header 13 LF $3.00 37.50 Trees 7 EA $500.00 3,500.00 Sub -Total $7,632.50 Earthwork Grading/Compaction 90% 5400 SF $0.50 2,700.00 Soil Removal for new Trees 2 cy per tree 14 CY $57.00 798.00 Sub -Total $3,498.00 Site Work Colored Concrete Flat work 1,365 SF $8.00 10,920.00 Architectural Paving Stone 700 SF $27.00 18,900.00 Accent Boulders Large EA $1,500.00 Design W- Precast Post and Wood Rail 5 EA $8,000.00 40,000.00 Design'B' - Precast Post and Wood Rail with decorative steel panels EA $15,000.00 Iron Tree Grate 7 EA $2,500.00 17,500.00 Rams 2 EA $6,000.00 12,000.00 Sub -Total $99,320.00 IRRIGATION Irrigation Hunter Drip System 665 SF $2.50 1,662.50 Sub -Total $1,662.50 Landscape 24" Box Tree 7 EA $350.00 2,450.00 AGA CAL 1 Gal 22 EA $8.50 187.00 HES PAR 5 Gal 34 EA $29.00 986.00 TRA JAS 1 Gal 300 EA $15.00 4,500.00 GRE LAN (5Gal) 50 EA $29.00 1,450.00 ROS NOA 3Gal 100 EA $15.00 1,500.00 2" Thick Layer of Mulch 665 SF $1.00 665.00 Sub -Total $11,738.00 Electrical Lighting Electrical Pedestial 1 EA $5,000.00 5,000.00 Design "A" Post and Rail in Parkway 6 EA $1,500.00 9,000.00 Iron Tree Grate 7 EA $1,500.00 10,500.00 Sub -Total $24,500.00 Total 148,351.00 Project Design (15% of total) LS $22,252.65 22,252.65 22,252.65 CM and Inspection 15% of total LS $22,252.65 22,252.65 22,252.65 10%Contingency $14,835.10 Grand Total $207,691.40 PL2016-105 Page 1 of 1 Planning Commission Resolution No. 2016-26 1 Exhibit B z O> (7w )w z W 0) w ZQzm> Q�=0—G W (gyp(Dwz 2 J W z J= U z z U ma(Dz�� �Z�,go_ a0¢a¢U u z n u u u 2 11 aUaU aXQaQU M z W U` W J r Uo 0 0 0 c c m m o m E r € E E m E O CL CL O o C o _ O N 0 C m m m c 0 0 o c 0 r _ _ _ O U N O O O O O J m C O mw c a� a a r r r m r r c c c m N N U N O O N N N r m m m aN a X E E E E c c c c 0 U c c v c a > U J T N C O E .a 0 O U c r C c N N 0 m (D m U _ .a = N a p Q V 0 0 c J Q ¢ 0 = N N a Q co 0 C w > E ¢ E m 0 m c a c 15 O d J w T J S m U a ti K CL ¢ C7 (7 J C7 FW- z z a ¢ w z F Z J C7 J C7 U Z w Z a ¢ z z a M CL U) oao o aN N O m n itoN U O �- 0 u o tD r o (O F N J O r r 0 LL c 0 J J O J a N IL d N N N a J a a LL a d a Cn d J a a QUa K m p CG L) Ir N CL R O U a (7 V W C O U N U a Z Z 0] w N W �. 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N¢ N Z N Z � z N Q O N Z M N z O> (7w )w z W 0) w ZQzm> Q�=0—G W (gyp(Dwz 2 J W z J= U z z U ma(Dz�� �Z�,go_ a0¢a¢U u z n u u u 2 11 aUaU aXQaQU M z W U` W J 0 0 0 0 0 c 0 0 E E E E E @ E ,moo o`0 0 o E w c c c E c c O O o o O C O N N N N N 'a0 N O O w O O O O N n n n n n I n n N O M N _ n N N d N N d N N N N N N N N N N N N N N N N N N N N N N N (D N N N N N N N a a O O O pUE O O O a cN O U N 0 d ca CL t 0 w y N a p `m cl N0 o = c a o ¢ me _m m E s o m c QZ Z Z Z Z Z d N N M c n (00 0) 0 O N N LL d a R d W J d CL M a a a a XWWW p p p p U p m o c c c 0 o a C C C C U C E EOOW 0 > J(D 2 N r N C N N z3@Q Ny00 0 0 O07 N � p m O � O CNCN W L C OZ N4% O w i+ O 0) i+ G O 0) N (�% Ncl NCY 0 3 0Z O N nN 0 0w d MZ N O N Q i0 Q N Z N Z N Z N Z > Is] krael0 0/_LTJ [a]►G] 111;1 NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) CITY OF DIAMOND BAR ) I, Stella Marquez, declare as follows: On August 22, 2017, the Diamond Bar Planning Commission will hold a Regular Meeting at 7:00 p.m. at City Hall, Windmill Community Room, 21810 Copley Drive, Diamond Bar, California. I am employed by the City of Diamond Bar. On August 18, 2017, a copy of the Planning Commission Agenda was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 21800 Copley Drive Diamond Bar, CA 91765 Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on August 18, 2017, at Diamond Bar, California. o� J' Stella q Community Development Dept. CD:\zstel la\affldav itposting.doc