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HomeMy WebLinkAbout09/12/2017 PC AgendaPLANNING COMMISSION AGENDA September 12, 2017 7:00 P.M. City Hall, Windmill Community Room 21810 Copley Drive Diamond Bar, CA 91765 Chairperson Raymond Wolfe Vice Chairperson Ken Mok Commissioner Naila Barlas Commissioner Frank Farago Commissioner 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 11 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. DG1HO�ll 6Mil 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: infoOdiamondbarca.gov Website: www.diamondbarea.gov CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, September 12, 2017 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2017-24 1. 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 a five-minute maximum time limit when addressing the Planning Commission. 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 22, 2017 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Conditional Use Permit No. PL2017-35 - Under the authority of Diamond Bar Municipal Code Section 22.58, the property owner and applicant are requesting a Conditional Use Permit to operate a 4,800 square -foot child daycare center within an existing 30,643 square -foot multi -tenant commercial center. The subject property is zoned Community Commercial (C-2) with an underlying General Plan land use designation of General Commercial (C). Project Address: 23373-23377 Golden Springs Dr. Diamond Bar, CA 91765 SEPTEMBER 12, 2017 PAGE 2 PLANNING COMMISSION Property Owner: Chang Chih International Investment, LLC 430 S. Garfield Ave #338 Alhambra, CA 91801 Applicant: Roy Foo 20911 E. Walnut Canyon Rd. Walnut, CA 91789 Environmental Determination: The 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 Article 19 under Section 15301(a) (interior alterations involving such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. PL2017-35, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Tentative Parcel Map No. 74368 — Plannina Case No. PL 2017-25 - Under the authority of Diamond Bar Municipal Code Title 21, the applicant is requesting to subdivide an existing 13.35 -acre lot developed with two existing 3 -story office buildings into three separate parcels. No new construction or physical changes are proposed. The purpose of the proposed subdivision is to create a separate parcel for each building, as well as a third common -interest parcel for the parking lot to serve the two buildings. The property is zoned Business Office (OB), and the underlying General Plan land use designation is Professional Office. Project Address: 21680 and 21688 Gateway Center Drive Diamond Bar, CA 91765 Property Owner: Kimberly Kanen, BSP Senita Gateway Center, LLC 3501 Jamboree Road, #4200 Newport Beach, CA 92660 Applicant: Kurt Troxell, Fuscoe Engineering 16795 Von Karman #100 Irvine. CA 92606 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 15301(k) (Subdivision of Existing Commercial Buildings where no physical changes occur) of the CEQA Guidelines. No further environmental review is required. SEPTEMBER 12, 2017 PAGE 3 E E PLANNING COMMISSION Recommendation: Staff recommends that the Planning Commission approve Tentative Parcel Map No. 74368 — Planning Case No. PL 2017-25, based on the 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 Hearina dates for future projects 10. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PLANNING COMMISSION MEETING: Thursday, September 28, 2017, 7:00 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Tuesday, September 19, 2017 — 6:30 pm South Coast Air Quality Management District Auditorium 21825 Copley Drive Tuesday, September 26, 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 Tuesday, October 10, 2017, 7:00 pm Diamond Bar City Hall Windmill Community Room 21810 Copley Drive SEPTEMBER 12, 2017 PAGE 4 PLANNING COMMISSION GENERAL PLAN UPDATE COMMUNITY Thursday, October 19, 2017, WORKSHOP #2: 6:30 pm — 8:30 pm Diamond Bar Center Grand Ballroom 1600 Grand Avenue GPAC MEETING: Thursday, November 30, 2017, 6:30 pm — 8:30 pm Windmill Community Room 21810 Copley Drive 11. ADJOURNMENT: MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION 1 AUGUST 22, 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: Commissioner Mahlke led the Pledge of Allegiance 1. ROLL CALL: Present: Commissioners Naila Barlas, Frank Farago, Jennifer "Fred" Mahlke, Vice Chair Ken Mok, and Chair Raymond Wolfe Also present: Greg Gubman, Community Development Director; Dave DeBerry, City Attorney; Grace Lee, Senior Planner; and Stella Marquez, Administrative Coordinator 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of August 8, 2017: C/Farago moved, C/Mahlke seconded, to approve the Minutes of the Regular Meeting of August 8, 2017, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Barlas, Farago, Mahlke, VC/Mok, Chair/Wolfe None None 4.2 General Plan Conformity Finding — Proposed Acquisition of lease area for County of Los Angeles Board of Supervisors Fourth Supervisorial District Field Office located at 13470 Valley Vista Drive. C/Barlas moved, ChairMolfe seconded, to approve General Plan Conformity Finding as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Farago, Mahlke VC/Mok, Chair/Wolfe NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None AUGUST 22, 2017 PAGE 2 �'� , PLANNING COMMISSION 5. OLD BUSINESS: None 6. NEW BUSINESS: None 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 requested Planning Commission approval to revise the Project through amendments to the following land use applications: 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. 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 requested Planning Commission approval of 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. 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 8.14 acres on the westerly side of Diamond Bar Boulevard directly south of Gentle Springs Drive. The subject property is zoned C-3 with an underlying General Plan Designation of General Commercial. AUGUST 22, 2017 PAGE 3 PLANNING COMMISSION M PROJECT ADDRESS: 235-257 S. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER/ Diamond Springs, LLC APPLICANT: 9304 W. Sunset Boulevard West Hollywood, CA 90069 CDD/Gubman presented staff's report and recommended Planning Commission approval of Amendment to 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 the distance between the rail and the retaining wall and wondered if the rail was close enough to be incorporated as a feature on the wall because it seems to him to be a better idea than reducing the width of the walking path and CDD/Gubman responded that it was a possible solution which was discussed. VC/Mok referred to the last sentence of the first paragraph on Page 10 of staff's report which states there will be raised curbing and other barriers which he assumes will be located between the vehicle lane and the dining area and asked what "other barriers" would consist of and whether they would protect customers. CDD/Gubman said he believed that paragraph was an orphan from a template in a different staff report. VC/Mok asked if it would be just a raised curb that would protect customers from vehicles and CDD/Gubman said that it would not be a concern because drivers queueing through the drive-through lane would not be turning toward the sections area. C/Mahlke asked about the tree count because comparing it to the October 2016 report it indicated that 29 of the existing trees would be retained and 76 new trees would be planted for a total of 109 trees, which is repeated on Page 7 of the current landscape plan except that on the previous page it shows three more trees would be lost. CDD/Gubman responded that the three trees are in addition to the trees that were previously scheduled to be removed. Replacement trees were not called out except under the landscape plan that describes the trees that are going to be part of that site design. Chair/Wolfe asked for clarification that instead of 112 trees total it would be 109 trees because three additional trees were being removed. CDD/Gubman responded that three trees are being removed; however, the plan shows there will be seven trees in that area that were not previously proposed, (which would net 116 trees). VC/Mok referred to Page 5 and asked for an explanation of the statement that there will be an access ramp that will be shared with the Walnut Valley Water AUGUST 22, 2017 PAGE 4 PLANNING COMMISSION District pump station. CDD/Gubman referred VC/Mok to a larger site plan contained in the packets. The area where there are two trees has an existing ramp that provides access to the pump station which is gated and available for service and maintenance only which will remain an incline ramp which is not a designated parking area for which there will be appropriate pavement markings to prohibit parking. VC/Mok asked if the vehicles that will access the ramp are large or generally smaller vehicles to which CDD/Gubman responded he did not know. Chair/Wolfe opened the public hearing and asked the applicant's representative to speak. Janet Petersen, Project Construction Manager representing Diamond Springs, LLC and the Charles Company told the Commission that City staff has been great to work with, especially in their attempt to squeeze in this project which has been quite a challenge. Each department has shared in that effort. In response to Commissioners' questions, the ramp is part of the reason the existing trees have to be removed because it is very steep at this point which has caused grading difficulties when one is attempting to have a less than 15 percent grade. Her engineers tell her it is over 15 percent and they are trying to make it shallower so that it is more in keeping with the current codes. In so doing, the roots of the trees are being compromised and even though it shows trees close to where they currently exist, they will be new trees. As far as the entry, she again voiced her appreciation for keeping this hearing date and allowing the applicant to work with staff and continue to work on the situation with the entry raling. They have discussed the possibility of putting it on the retaining wall and they have looked at putting the retaining wall in the curb which would pick up six inches. As she pointed out to CDD/Gubman, she may have found another nine inches in the plan as a testament to eking out everything possible. They want the project to be a nice looking entryway and to the extent something is done on one side it should not look completely different from the other side as she and CDD/Gubman have discussed as a goal. She is confident that the result will be something that is satisfactory to everyone. She has no questions or comments on the proposal and she will answer Commission questions. She looks forward to completion of this project. Chair/Wolfe said he would prefer, if possible, to carry the theme the way it is being carried in the medians of the City streets because he believes it would really look nice. However, he appreciates Ms. Petersen's comments that what is done on one side needs to be reflected on the other so that it is not out -of -place. Cindy Ascutia lives in the Fall Creek Condominiums where all of this excitement is taking place and she is concerned about construction going on after hours (8 or 9 p.m.) and wanted to know if that would continue or if it was an anomaly. She is also concerned about Gentle Springs Lane and wanted to know if the street was involved in the project because she believes it is a private street and hoped AUGUST 22, 2017 PAGE 5,,-, ;;,M , - ,_____, PLANNING COMMISSION that someone would be doing something to improve the look of the street. If Diamond Bar is putting forth all of this effort to make the Kmart area look better she feels the owner of Gentle Springs Lane needs to get on board to fix the street because it is in her words, "absolutely atrocious". Chair/Wolfe said he believed construction hours were from 7 a.m. to 7 p.m. and CDD/Gubman confirmed the construction hours are from 7 a.m. to 7 p.m. Monday through Saturday with no construction permitted on Sundays. If there are construction activities after-hours he would encourage the residents to contact the Sheriff's Department so that there is documentation for further consultation with the construction superintendent. Regarding Gentle Springs Lane, the problem with that street is that because it is a private street, the ownership of Gentle Springs Lane is divided among all of the parcels that run along that roadway which includes Best Western who upgraded their portion during building renovations a few years ago. As one proceeds toward Diamond Bar Boulevard, the ownership of the property is chopped up by Carl's, Continental Burger, the new Aashiana Restaurant, McDonald's and the Sprouts Shopping Center. At this time, staff is working with all of the property owners and has been facilitating a work plan for all of them to contribute toward the resurfacing of that roadway. It is a difficult effort. There were never any CC&Rs or any document that governed funding for the ongoing maintenance of the street so the deferred maintenance has reached the point where it is no longer tolerable. The City is making good progress with the property owners, all of whom have made commitments to contribute financially and coordinate to find a single contractor to make the roadway improvements. This is a work in progress for a known problem which the City is dealing with at this time. Chair/Wolfe closed the public hearing. C/Farago said he noticed where the Coffee Bean will be located there are no grading issues on that side and asked if it would be possible to move the walkway to that area which would allow for carrying a theme on both sides. CDD/Gubman said that the walkway was designed to be on The Habit side based on the existing grades and site topography because it made the most sense. The grading activity is pretty far along and he does not believe it is something that can be done at this point. Ms. Petersen said it ricochets to be exactly the same problem because there is only a certain amount of room. Originally, the reason it was put onto The Habit side was because there was more room to deal with it than they had between the drive-thru and the curb -to -curb of the main entry coming in. The ADA walkway is actually closer to Pad A, the Coffee Bean side. She is willing to look at it again but since they recently closed that driveway they would have to do it very quickly. She is willing to call her engineer tomorrow to verify it but does not believe there is much more room and it would also result in a retaining wall situation if there was insufficient room to slope across. AUGUST 22, 2017 PAGE 6 PLANNING COMMISSION C/Farago said it looked like there would be a retaining wall either way and Ms. Petersen said it would either be on the left or on the right. Currently, there is no retaining wall because there are no ADA restrictions with just landscaping so they can take out all of the grade differential. C/Farago said that if it is put on Parcel A there would be no retaining wall along the drive and Ms. Petersen responded "not currently" because the sidewalk is not there, only landscaping. C/Farago said so if the sidewalk was there it would require a retaining wall and Ms. Petersen said "potentially, yes", which results in exactly the same problem but moved over to that side. At least with the way it is, there is time to work it out before construction begins but physically, they want that driveway to be finished when Sprouts opens so it is one of those things they are looking at right now. C/Farago said he understood and thanked Ms. Petersen for her input. C/Mahlke moved, VC/Mok seconded to approve Amendment to Development Review, Conditional Use Permit, Minor Conditional Use Permit and Comprehensive Sign Program No. PI -2016-105, 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Barlas, Farago, Mahlke, VC/Mok Chair/Wolfe None None 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: VC/Mok asked that tonight's meeting be adjourned in memory of Jack Tanaka, former Mayor and Councilmember of the City of Diamond Bar who passed away a few weeks ago. He was a dedicated public servant in Diamond Bar for many decades. C/Mahlke thanked everyone for coming out tonight and especially, Cindy. She wanted to clarify for everyone in the community that this City works very hard with everyone who wants to bring their businesses. Diamond Bar is putting in the sweat and tears to make it happen but the money is coming from the developers. Diamond Springs is the company that is putting its blood, sweat and tears and money in Diamond Bar to help City staff do their job to build the City up. Although City staff works very hard, it is not necessarily with Diamond Bar's money, but it is Diamond Bar's money that will keep these businesses open and she hopes everyone will share that fact with anyone and everyone. She often hears people say it is Diamond Bar's money, but without developers, companies, organizations and businesses that are coming in they would not exist. Asking questions and asking for clarification helps which means that good information will leave this building tonight. AUGUST 22, 2017 PAGE 7 PLANNING COMMISSION 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman asked for a do -over because VC/Mok caught his lack of diligence in writing his staff report. The issue about the raised barriers conflicting with pedestrians was written for the Chipotle/Coffee Bean space and the outdoor dining areas for these tenants will have wrought iron fencing and raised curbing to protect the patrons in those areas because at this location there is more of a direct interaction with the vehicles parking and maneuvering. The Planning Commission will next meet on September 12. There are three items on the agenda — 1) a proposed addition to a single family residence, 2) a requested subdivision of an existing office complex within the Gateway Corporate Center with an application request to take the complex which is comprised of two buildings and a parking lot, give each building its own parcel and have the parking lot as a common area with everything controlled by CC&R's for ongoing obligations to maintain the area, and 3) a request to relocate an existing Montessori school that is currently located in the shopping center that starts at the southwesterly corner of Golden Springs Drive. They will be relocating to a space farther down the street in an adjacent shopping center that looks like the same shopping center but is actually an adjacent property. 10. SCHEDULE OF FUTURE EVENTS: As posted in the Agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Wolfe adjourned the regular meeting at 7:45 p.m. in memory of Jack Tanaka. The foregoing minutes are hereby approved this 12th day of September, 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 AGENDA ITEM NUMBER: 7.1 MEETING DATE: September 12, 2017 CASE/FILE NUMBER: Conditional Use Permit No. PL 2017-35 GENERAL PLAN DESIGNATION: General Commercial (C) ZONING DISTRICT: Community Commercial (C-2) PROJECT LOCATION: 23373-23377 Golden Springs Dr. Diamond Bar, CA 91765 (APN 8717-008-033) PROPERTY OWNER: Chang Chih International Investment, LLC 430 S. Garfield Ave. #338 Alhambra, CA 91801 APPLICANT: Roy Foo Village Montessori Academy 20911 E. Walnut Canyon Rd. Walnut, CA 91789 SUMMARY: The applicant is requesting approval of a Conditional Use Permit (CUP) to operate a 4,800 square -foot child daycare center within an existing 30,643 square -foot multi -tenant commercial center. A Conditional Use Permit is required to allow child daycare centers in the C-2 zone. RECOMMENDATION: Adopt the attached Resolution (Attachment 1) approving Conditional Use Permit No. PL2017-35, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.58, subject to conditions. BACKGROUND: The project site is one of two commercial centers located between South Diamond Bar Boulevard and South Prospectors Road. Although the two centers share the name "Diamond Bar Village," and are covered under a recorded reciprocal access and parking agreement, they were site -planned independently of each other, and there is very little pedestrian connectivity between the two sites. The floor area of Diamond Bar Village "West' is 30,643 square feet. Tenants include restaurants, a dance studio and other retail and services uses. There are a total of 121 parking spaces available on site. There is an existing recorded reciprocal access and parking agreement among four lots located between Diamond Bar Boulevard and Prospectors Road. Village Montessori Academy is an existing child daycare center, currently located within Diamond Bar Village "East." The business opened in 1986, and is currently staffed by 12 employees. Current enrollment consists of 99 children, ranging in ages from two to six years. Aerial Showing Existing and Proposed Montessori School Locations Conditional Use Permit No. PL 2017-35 Page 2 of 10 Site and Surrounding General Plan, Zoninq and Land Uses The following table describes land uses surrounding the subject property: Site Aerial Conditional Use Permit No. PL 2017-35 Page 3 of 10 Plan Zoning DesignationGeneral ' Use C-2 Commercial Center Consisting of Site General Commercial Retail, Service and Restaurant Uses North High Density Residential RMH and Condominiums and Commercial Center and Commercial C-3 South Commercial and School RMH Church and School East Commercial C-2 Commercial Center West Commercial C-2 Professional Office and Service Uses Site Aerial Conditional Use Permit No. PL 2017-35 Page 3 of 10 Proposed Project Site Proiect Description The applicant is requesting approval to relocate Village Montessori Academy to a 4,800 square -foot lease space within Diamond Bar Village/West. The proposed space will be divided into four classrooms', an employee break room, receptionist area and office. An outdoor play area is proposed behind the lease space. The applicant proposes to increase enrollment to 105 children at the new location. Each classroom will be staffed with a director and at least one teaching aide with the required credentials from the American Montessori Society. The days and hours of operation will be Monday through Friday from 6:30 am to 6:30 pm. Drop-off and pick-up times are staggered throughout the day. Children are dropped off between 6:30 am and 10:00 am, and picked up after 12:00 pm. The majority of children are picked up between 3:00 pm and 5:00 pm. Village Montessori Academy offers various enrollment programs, which include two-day, three-day or five-day a week programs. ' One classroom will be dedicated for students ages five to six; the three others for ages two to five. Conditional Use Permit No. PL 2017-35 Page 4 of 10 I i al u�c- o ,.xrannrc LI RUM Ela _ mawsmm� 1 1---------- �g Q s II oL 0 0 m�nOLo 0 -- --I-A 1 .— -Huse rtrnxx x. I Proposed Floor Plan Conditional Use Permit No. PL 2017-35 Page 5 of 10 The total useable outdoor play area is 7,888 square feet. DBMC Section 22.42.040 requires the play area to be at least 75 square feet per child. Village Montessori Academy is required to provide at least 7,875 square feet of outdoor play area for the proposed student population of 105, and therefore, complies with this requirement. r r w- MCI 1 3?. ■■4,800 sq. ft. �a Proposed Floor Plan and Outdoor Play Area ANALYSIS: Review Authority (DBMC Section 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. Conditional Use Permit No. PL 2017-35 Page 6 of 10 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 the owner of the proposed child daycare center were to close the business, a new tenant could locate in the space and operate the same type of business. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to expand the child daycare center without full review and approval by the Planning Commission. Parking and Circulation The required number of parking spaces for child daycare centers is one space for each 10 children, one space per employee, one space for each vehicle used in conjunction with the use, and a permanent drop-off area. Commercial centers between 20,000 and 50,000 square feet are required to provide one parking space for each 250 square feet of gross floor area. The parking requirements for businesses approved under a CUP (e.g., child daycare centers, dance studios, etc.) are calculated separately. As previously stated, "Diamond Bar Village" is actually comprised of two centers with minimal interface between them, so they essentially function independently of each other. Although they share reciprocal parking and access rights, for all practical purposes, the parking analysis for the proposed relocation of the Montessori School should only take into account the parking available on the west property. There are 121 parking spaces provided within the west side commercial center. The number of parking spaces required for the current palette of uses minus the proposed child daycare center is 109 parking spaces. The proposed child daycare center requires 23 parking spaces for 105 children plus one space for each employee. The total off-street parking requirement for the center is thus 132 parking spaces, resulting in a technical deficit of 11 parking spaces. Development Code Parking Requirement Parking Demand When reviewing parking impacts on commercial centers, the various uses and peak business hours for those uses are taken into consideration. Diamond Bar Village/West has uses ranging from restaurants, a dance studio and other retail and service uses. The varying uses result in a range of peak business hours and parking demands. Since there Conditional Use Permit No. PL 2017-35 Page 7 of 10 Sq. Ft. Parking Ratio Parking Required Parking ProvidedUse Diamond Bar VillageMest 23,843 1/250 sq. ft. 95 Jin's Dance Studio 2,000 1/150 sq. ft. plus 1 14 per employee Proposed Child Daycare Center 4,800 1110 children plus 23 1 per employee Total 30,643 132 121 Parking Demand When reviewing parking impacts on commercial centers, the various uses and peak business hours for those uses are taken into consideration. Diamond Bar Village/West has uses ranging from restaurants, a dance studio and other retail and service uses. The varying uses result in a range of peak business hours and parking demands. Since there Conditional Use Permit No. PL 2017-35 Page 7 of 10 is a deficit number of parking spaces based on Development Code parking requirements, staff required a parking study to analyze the parking demand based on the existing and proposed uses on site. The applicant submitted a shared parking study signed by a licensed traffic engineer (Attachment 2). The shared parking study provides parking demand calculations and analysis, based on a worst-case scenario and parking surveys conducted during hours of operation on typical weekdays. Worst -Case Scenario Parking Demand Use Sq. Ft. Parking Demand Parking Required Parking Provided Diamond Bar VillageMest 23,843 Per Development Code 95 Requirements Jin's Dance Studio 2,000 16 students & 1 teacher 33 two consecutive classes) 105 children & 12 Proposed Child Daycare 4,800 employees 117 Center (one space per child and staff) Total 1 30,643 1 1 245 121 A worst-case scenario parking demand was analyzed for the commercial center if every business in the commercial center reached its highest capacity at the same time. Due to the variety of different uses at the commercial centers, with various hours of operation and peak parking demand times, this scenario is highly unlikely. The traffic engineer conducted a parking survey at the site to observe actual parking counts on typical weekdays. Parked vehicles were counted every 30 minutes from 6:30 am to 6:30 pm, which are the hours of operation for the proposed child daycare center. The parking survey indicates that peak parking demand for Diamond Bar VillageM/est occurs at 11:30 am with 59 parking spaces being utilized. The peak parking demand for the child daycare center at the current location occurs between 9:00 am and 10:00 am with 51 children being dropped off. Currently, there are 10,547 square feet of vacant spaces within Diamond Bar Village/West. The proposed child daycare center will be occupying two vacant units with a total of 4,800 square feet, leaving a total of 5,747 square feet of vacant space at this location. The traffic engineer estimates that the remaining 5,747 square feet of vacant spaces would generate a peak demand of approximately 23 parking spaces. The overall parking demand at Diamond Bar Village/West—including parking spaces designated for vacant units—is estimated to be at 101 parking spaces at 9:30 am, which is less than the 121 parking spaces provided on site. Based on these observations, there is likely a sufficient amount of parking for current and future uses to accommodate peak -period demands. Conditional Use Permit No. PL 2017-35 Page 8 of 10 reaK i tme rarKing uemanas vs varKing aupp y 9:00 am 9:30 am 10:00 am 11:30 am Parking ProvidedUse Diamond Bar Village/West 15 17 30 59 Vacant Units 23 23 23 23 5,747 sq. ft. Proposed Child Daycare Center* 61 61 12 12 Total 99 101 65 94 121 * Parking spaces utilized for children being dropped off plus number of employees Additionally, there are mitigating measures that would further lessen the impact on parking demand for the child daycare center, as follows: • There are six designated parking spaces for the child daycare center, located directly in front of the business to be used by parents to drop off and pick up children; • All children are dropped off before 10:00 am and the majority are picked up after 3:00 pm, which is outside of the peak hour of parking demand for the commercial center; • Village Montessori Academy uses staggered staffing schedules and drop-off/pick- up times to facilitate the arrival and departure of the children; • Currently, there are 16 families that have more than one child enrolled at the child daycare center and are dropped off and picked up at the same timet; and • Jin's Dance Studio has a staggered class schedule which alleviates parking demand. Upon further analysis of the actual parking demand, a Parking Permit is not required since there is sufficient parking located on site. However, in the unlikely event that the center reaches its highest capacity and there is no available parking, there is an existing reciprocal access and parking agreement among four lots located between Diamond Bar Boulevard and Prospectors Road for additional parking. Should parking supply during peak periods become an issue in the future, parking management strategies could be devised, such as requiring staff to park in other areas covered by the reciprocal parking agreement. 2 According to the applicant, typically 15-20 percent of the children have a sibling who is concurrently enrolled at the child daycare center Conditional Use Permit No. PL 2017-35 Page 9 of 10 Compatibility with Neighborhood Diamond Bar VillageMest commercial center has a diversity of uses, including a dance studio, restaurants, and other retail and service uses. Given the proposed hours of operation, the availability of parking, and types of adjoining uses, it is reasonable to conclude that the child daycare center will be compatible with the other uses in the center. Additional Review The Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On August 30, 2017, public hearing notices were mailed to property owners within a 700 - foot radius of the project site. On September 1, 2017, the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers; 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: 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(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. Prepared by: Natali . Esp) t a Assistant Plarjps Attachments: Reviewed by: Gr Lee Senior Planner 1. Draft Resolution No. 2017 -XX and Conditions of Approval 2. Shared Parking Study Dated August 3, 2017 3. Site Plan and Floor Plan Conditional Use Permit No. PL 2017-35 Page 10 of 10 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2017 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2017-35, TO OPERATE A 4,800 SQUARE -FOOT CHILD DAYCARE CENTER WITHIN AN EXISTING 30,643 SQUARE -FOOT MULTI -TENANT COMMERCIAL CENTER LOCATED AT 23373-23377 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA (APN 8717-008-033) A. RECITALS Property owner, Chang Chih International Investment, LLC, and applicant, Roy Foo, have filed an application for Conditional Use Permit No. PL 2017- 35 to operate a 4,800 square -foot child daycare center within a 30,643 square -foot commercial center. The project site is more specifically described as 23373-23377 Golden Springs Dr., Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Conditional Use Permit shall be referred to as the "Proposed Use." The Project Site is made up of one parcel totaling 2.45 acres. It is located in the Community Commercial (C-2) zone and is consistent with the General Commercial land use designation of the General Plan. The legal description of the subject property is Parcel Map 6465 Lot 2. The Assessor's Parcel Number is 8717-008-033. 4. On September 1, 2017, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. On August 30, 2017, public hearing notices were mailed to property owners within a 700 -foot radius of the Project site and posted at the City's designated community posting sites. On September 12, 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. 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. 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission hereby finds and approves as follows: Conditional Use Permit Review Findings (DBMC Section 22.58) 1. 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. Pursuant to DBMC Section 22.10.030, Table 2-6, child daycare centers are permitted in the C-2 zoning district with approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the proposed use will be compatible with neighboring uses in the commercial center and surrounding neighborhood. 2. The Proposed Use is consistent with the general plan and any applicable specific plan. The Proposed Use is consistent with General Plan Strategy 1.3.3: ("Encourage neighborhood serving retail and service commercial uses') in that the proposed child daycare center meets Strategy 1.3.3 because the proposed child daycare center provides services to Diamond Bar residents. The Project site is not subject to the provisions of any specific plan. 3. 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 Use is located within an existing commercial center occupied by a dance studio, restaurants, and other retail and service uses. The Proposed Use is compatible with the other uses within the commercial center. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with the other uses within the commercial center. 2 PC Resolution No. PL2017-XX 4. The subject site 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 Project site is located within an existing commercial center that currently has a diversity of uses, including a dance studio, restaurants, and other retail and service uses. There are 121 parking spaces at the proposed location. The number of parking spaces required for the current palette of uses minus the child daycare center is 109 parking spaces. The proposed child daycare center requires 23 spaces for 105 children and 12 staff members per the Development Code requirements, for a total parking requirement of 132 off-street parking spaces. A parking study was submitted by a traffic engineer that indicates the overall peak parking demand at the proposed location is estimated to be 101, which is less than the 121 parking spaces provided on site. Based on these observations, there is likely a sufficient amount of parking for current and future uses to accommodate peak -period demands. Given the proposed hours of operation, the overall parking demands, and the types of adjoining uses, it is reasonable to conclude that the child daycare center will be compatible with the other uses in the commercial center. The Proposed Use is physically suitable with the subject site because it will be located in an existing building. In addition, the proposed use is intended to operate within an existing commercial center and will be using existing access and parking in the center. 5. 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 Use is located within a commercial center. Children will be supervised at all times. Children will not be able to leave until parents pick them up. Prior to the issuance of any city permits, the Project is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division. 6. The proposed Project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed use is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. 3 PC Resolution No. PI -2017 -XX D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2017-35 subject to the following conditions: 1. The establishment is approved as a child daycare center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2017-35 dated September 12, 2017, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to a child daycare center. The maximum number of children is 105. 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 3. This Conditional Use Permit shall be valid only for 23373-23377 Golden Springs Drive, as depicted on the approved plans on file with the Planning Division. If the proposed use moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. No changes to the approved scope of services comprising the use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission and/or City Council. 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, Chang Chih International Investment LLC, 430 S. Garfield Ave. #338, Alhambra, CA 91801; and applicant, Roy Foo, Village Montessori, 20911 E. Walnut Canyon Rd., Walnut, CA 91789. 4 PC Resolution No. PL2017-XX APPROVED AND ADOPTED THIS 12th DAY OF SEPTEMBER 2017, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 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 12th day of September, 2017, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 PC Resolution No. PL2017-XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2017-35 SUBJECT: To operate a 4,800 square -foot child daycare center. PROPERTY Chang Chih International Investement, LLC OWNER(S): 430 S. Garfield Ave. #338 Alhambra, CA 91801 APPLICANTS: Roy Foo Village Montessori Academy 20911 E. Walnut Canyon Rd. Walnut, CA 91789 LOCATION: 23373-23377 Golden Springs Dr., Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 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 Conditional Use Permit No. PL 2017-35 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. 6 PC Resolution No. PL2017-XX (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. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. PL2017-35 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 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 permits, as required by the 7 PC Resolution No. PL2017-XX 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. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit No. PL2017-35 shall expire within one (1) year from the date of approval if the use has not been exercised as defined per DBMC 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: General Conditions: 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 CALGreen shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current CALGreen Code. 3. Exit court areas at the rear and side of the building shall be maintained clear and unobstructed for 10' minimum pursuant to CBC 1028.4. Plan Check — Items to be addressed prior to plan approval: 4. 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 119 and 150(k). The depth of the fenced area at the entry shall meet 5' clear on push side of the door and a 4' vestibule/door in sequence per CBC 11 B-404.2.6. 6. The fenced area at the entry area shall not block or reduce the required 4' minimum sidewalk area in front of the fenced area. PC Resolution No. PL2017-XX 7. An exit analysis shall be provided during plan check, showing occupant load for each space, exit width, exit signs, etc. 8. Number of plumbing fixtures shall be in compliance with CPC T-422. 9. Fire Department approval shall be required. Contact the Fire Department to check the E occupancy use. 10. An occupant load sign shall be provided in each room per CBC 1004.3. 11. Two exits shall be provided in each room per CBC Table 1006.2.1. 12. Fire alarms are required per CBC 907.2.3. 13. The ADA path of travel shall be upgraded to be compliant with the current code per CBC 11 B-202.4. 14. The corridor shall be one-hour rated and maintained per CBC Table 1020.1. Permit — Items required prior to building permit issuance: 15. 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. 16. SCAQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 17. 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. Construction — Conditions required during construction: 18. 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. 19. 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 9 PC Resolution No. PL2017-XX mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 20. 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. 21. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 22. 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. 23. 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. 24. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 25. Pursuant to California Residential Code (CRC) Section R315, carbon monoxide detectors are required in halls leading to sleeping rooms. 26. 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. 27. All plumbing fixtures, including those in existing areas, shall be low -flow models consistent with California Civil Code Section 1101.1 to 1101.8. END 10 PC Resolution No. PL2017-XX WE TRAFFIC ENGINEERING, Inc. Tragic running -Signal Synchrunizagon_ Parking. Study August 3, 2017 Village Montessori Academy Attn: Roy Foo 23431 Golden Spring Drive Diamond Bar, CA 91765 Re: Shared Parking Study Village Montessori Academy Hi Roy, Attachment 2 Per your request, we have conducted a parking study for Village Montessori Academy. The main objective of this study is to determine the sufficiency of parking at the new location. This letter presents our methodology, finding, and recommendation. PROJECT INFORMATION Village Montessori Academy is an existing child daycare center located at 23431 Golden Springs Drive in the City of Diamond Bar. The daycare center has a capacity of 99 children and currently enrolls 96 children between 2 and 6 years of age with 12 staff. The daycare center plans to relocate to the adjacent plaza at 23733-23377 Golden Springs Drive. The new facility of 4,800 sq. ft. will have a capacity of 105 students with 12 staff. The opening hours will remain unchanged from 6:30 am to 6:30 pm, Monday through Friday. The project will provide a loading area of 6 spaces for the convenience of drop-off and pick-up activities. The loading area will be clearly marked with paint or signs to indicate 15 -minute parking for Village Montessori Academy only, subject to City's approval. Site plan is shown in Exhibit 1. K2 Traffic Engineering Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: kbsu@k2traffic.com L* K2 TRAFFIC ENGINEERING, Inc. Traffic Cankol. SIUnaI. Synchrmiullan. Parkir .Study August 3, 2017 Village Montessori Academy Attn: Roy Foo 23431 Golden Spring Drive Diamond Bar, CA 91765 Re: Shared Parking Study Village Montessori Academy 13i Roy, Per your request, we have conducted a parking study for Village Montessori Academy. The main objective of this study is to determine the sufficiency of parking at the new location. This letter presents our methodology, finding, and recommendation. PROJECT INFORMATION Village Montessori Academy is an existing child daycare center located at 23431 Golden Springs Drive in the City of Diamond Bar. The daycare center has a capacity of 99 children and currently enrolls 96 children between 2 and 6 years of age with 12 staff. The daycare center plans to relocate to the adjacent plaza at 23733-23377 Golden Springs Drive. The new facility of 4,800 sq. ft. will have a capacity of 105 students with 12 staff. The opening hours will remain unchanged from 6:30 am to 6:30 pm, Monday through Friday. The project will provide a loading area of 6 spaces for the convenience of drop-off and pick-up activities. The loading area will be clearly marked with paint or signs to indicate 15 -minute parking for Village Montessori Academy only, subject to City's approval. Site plan is shown in Exhibit 1. K2 Traffic Engineering, Inc. 14421rvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2trafffc.com Parking Survey Village Montessori Academy EXISTING CONDITIONS August 3, 2017 Page 2 of 6 The current daycare center is currently situated within the shopping center at the northwest corner of Diamond Bar Boulevard and Golden Spring Drive (Parcel Map 4612, Parcel #1 and #2). Aerial photo of the shopping centers is shown in Exhibit 2. Existing tenants include restaurant, bank, salon, dental office, and other general retail stores. A complete list of existing tenants and vacancies for Parcel Map 4612 can be found in Exhibit 3. The daycare center will be relocated to a vacant unit in the adjacent shopping center (Parcel Map 6699, Parcel #2). Existing tenants include restaurant, veterinary clinics, grocery store, dance studio, insurance office, and general retail stores. A complete list of existing tenants and vacancies for Parcel Map 6699 can be found in Exhibit 4. A reciprocal parking agreement has long been established for these two adjacent sites. Parking requirements based on Diamond Bar Municipal Code (DBMC) Section 22.30.040 are shown in Table 1. Without shared parking considerations, a total of 344 parking spaces is required per DBMC, exceeding the parking capacity (336) by 8 spaces, or 2.4% deficiency. Table 1. Parking Code Demand per DBMC K2 Traffic Enaineerina. Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: kbsu@k2traffic.com Required Land Use Code Requirement per DBMC Calculation Spaces One space for each 10 children, plus one ' Child Daycare space for each employee, plus one space for Center each vehicle used in conjunction with the =105/10+12 22.5 use, plus one permanent drop-off area as approved by the Direction Dance Studio One space for each 150 square feet and one =2000/15+1 14.3 per employee Shopping Center One space for each 300 square feet for =63387/300 211.3 - PM4612 shopping center over 50,000 square feet Shopping Center One space for each 250 square feet for - PM6699 shopping center between 20,000 and 50,000 =23843/250 95.4 square feet TOTAL 343.5 (Say 344) K2 Traffic Enaineerina. Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: kbsu@k2traffic.com Parking Survey Village Montessori Academy PROJECT PARKING DEMAND August 3, 2017 Page 3 of 6 According to Municipal Code of the City of Diamond Bar Section 22.30.040, parking standard for child daycare center is one per ten students & one per employee. The relocated daycare requires 23 parking spaces based on a capacity of 105 students and 12 staff. Compared to its current capacity of 99 students and 12 staff, the project will result in a NET increase of one ()parking space. WORST-CASE PARKING DEMAND By the request of the City's Planning Department, the calculations of a worst-case scenario with the maximum number of patrons visiting the shopping centers at one time are shown in Table 2. Table 2. Worst -Case Parkine Calculation That represents an unlikely situation when every single business in the shopping centers reaches its capacity level at the same time all enrolled students and teachers are present simultaneously. However, the actual operations and diversity of business make such occurrence nearly impossible. In reality, various characteristics of existing tenants, such as banks, tutoring, dentists, restaurants, bookstore, beauty salon, and offices have different hours of operation and peak times. Dance studios usually make staggered class schedules to ensure proper staff arrangement and ease of parking. Daycare center uses staggered K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2traffic.com Worst - Case Category Sq. Ft. Parking Scenario Calculationj Parkin Proposed Da care 4,800 Ones ace per children and staff =105+12 117 One space per student and teacher in Jin's Dance Studio 2,000 two consecutive classes =16x2+1 33 Shopping Centers- One space per 300 sf for shopping PM4612 63,387 center over 50,000 sf =63,387/300 211 Shopping Centers- One space per 250 sf for shopping PM6699 23,843 center between 20,000 and 50,000 sf =5,747/250 95 TOTAL 94,030 Capacity = 336 456 That represents an unlikely situation when every single business in the shopping centers reaches its capacity level at the same time all enrolled students and teachers are present simultaneously. However, the actual operations and diversity of business make such occurrence nearly impossible. In reality, various characteristics of existing tenants, such as banks, tutoring, dentists, restaurants, bookstore, beauty salon, and offices have different hours of operation and peak times. Dance studios usually make staggered class schedules to ensure proper staff arrangement and ease of parking. Daycare center uses staggered K2 Traffic Engineering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2traffic.com Parking Survey Village Montessori Academy August 3, 2017 Page 4 of 6 staffing to facilitate various capacity of children in a typical school day. Current schedule is shown in Table 3. Table 3. Staffing and Drop-off/Pick-up by Hour Time Period Staff Total Children Drop-off/Pick- UP Children Max. 6:30 - 8:00 1 6 Drop-off 6 8:00 - 9:00 5 39 Drop-off 45 9:00 - 10:00 910 51 Drop-off 96 10:00 - noon 12 0 96 noon - 3:00 12 20 Pick-up 96 3:00-4:00 11 15 Pick-up 76 4:00 - 5:00 61 26 Pick-up 61 5:00 - 6:00 5 24 Pick-up 35 6:00 - 6:30 1 3 11 1 Pick- u I 1 The schedules indicates that most children are dropped -off within two hours in the morning between 8 am and 10 am and pick-ups are evenly spread throughout the afternoon. There are 16 families enrolling siblings (32 children) in the daycare center currently. Rather than 32 trips, only 16 trips are needed as siblings are pick- up or drop-offs at the same time. PARKING SURVEY In order to observe actual parking of existing tenants, parked vehicles were counted every 30 minutes for both sites during daycare business hours between 6:30 am and 6:30pm on typical weekdays. A total of 336 shared parking spaces are observed, including 121 spaces on the new daycare site (PM 6699) and 215 spaces on the current daycare site (PM 4612).. Complete survey data can be found in Appendix A. K2 Traffic Enaineerina. Inc. 1442 Irvine Blvd, Suite 210,. Tustin, CA 92780 T.714-832-2116 Email: khsa@k2traffic.com Parking Survey August 3, 2017 Village Montessori Academy Page 5 of 6 Our observation found that peak parking by existing tenants occurred at 1:00 pm when 158 parking spaces were used. The overall parking demand is 284 spaces, including 158 spaces by existing tenants, 1 space for project's NET demand and 125 spaces reserved for _vacant units._ The _ calculation is summarized in Table -4 and illustrated in Exhibit 5. Table 4. Parking Survey Calculation SUMMARY Village Montessori Academy has been situated at its current location for over 30 years since 1986. It has great experiences in arranging children pickup and drop-off schedule while maintaining a perfect record of zero parking complaint. While the daycare center chooses to relocate to the adjacent shopping center, the NET increase of one parkin space pace is insignificant to the parking capacity (equivalent to three tenth of a percent out of 336 parking spaces). Our observations found current parking usage under 50% during weekday's peak periods. With the approval of the project and a reservation of 125 parking spaces for vacant units in the shopping center, the parking lots will remain under 84.5°/% parked. Sufficient parking is available to accommodate all permitted uses. The project should not result in congestion either of the parking lots or on the adjacent street. K2 Traffic Enginbering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2traffic.com Parking Category Demand Percentage Note Existing Tenant 158 47% Parking Survey Project NET Demand 1 0.3% NET increase of 1 space Reserved parking for vacant units (based on 1 per 300 SF ratio for Vacancy at PM4612 102 30.4% shopping center over 50,000 SF Reserved parking for vacant units (based on 1 per 250 SF ratio for shopping center between 20,000 and Vacancy atPM6699 23 1 6.8% 50,000 SF TOTAL 284 1 84.5% 1 Ca acit =336 SUMMARY Village Montessori Academy has been situated at its current location for over 30 years since 1986. It has great experiences in arranging children pickup and drop-off schedule while maintaining a perfect record of zero parking complaint. While the daycare center chooses to relocate to the adjacent shopping center, the NET increase of one parkin space pace is insignificant to the parking capacity (equivalent to three tenth of a percent out of 336 parking spaces). Our observations found current parking usage under 50% during weekday's peak periods. With the approval of the project and a reservation of 125 parking spaces for vacant units in the shopping center, the parking lots will remain under 84.5°/% parked. Sufficient parking is available to accommodate all permitted uses. The project should not result in congestion either of the parking lots or on the adjacent street. K2 Traffic Enginbering, Inc. 1442 Irvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2traffic.com Parking Survey Village Montessori Academy Regards, K2 Traffic Engineering, Inc. / `^zi �J y JENDE KAY H5U 7ende Ka Hsu, T.E. * Exp.6 30 18 California License T2285 A TRAFF�i? (Exhibits) August 3, 2017 Page 6 of 6 K2 Traffic Engineering, Inc. 14421rvine Blvd, Suite 210, Tustin, CA 92780 T.714-832-2116 Email: khsu@k2traffic.com I 239631 23367. F aunxG' mw5n u�pnsuzP j PROPOSFL I Wf51ce PIAYFRFI� 23379 I — 2338= I 23385 I 23391 I 1 SiANNPRNPMNNGSPP - 115 ACLP591¢t fP N05P GM- 5 w" 517E PLAN 9 MS : 132'= 1'-b) 23347-23391 G -W 3PRINW DR 11AMONU BfS�G91J65 EXHIBIT 1. SITE PLAN MMER WOM 6nncNP1 DAM6 -12 -IJ SCptE Az xoreo OB NO. 511E Al OF 9ne[19 Exhibit 3. Tenant Information (PM 46121 Current Child Daycare Center Site Existing Tenant Prepared: 2/17/2017 K2 Traffic Engineering, Inc. Suite Business Name Use Sq. Ft. Business Hours 325 Baskin Robbin Ice Cream 987 11a -10p 329 Pho Super Bowl Restaurant 1678 10a -9p 333 Mimis House Fala Restaurant 1200 11a -9p 347 Shear Artistry Hair Salon 3065 M -F: 9a -7p, Sa Su: 9a -6p 351 Compounding Pharmacy Pharmacy 1052 M -Saga -6p 365 1 Happy Doggie Spa Pet Grooming 1300 Tu-Sa: ga-6p 379 East West Bank Bank 7316 M -F: ga-5p, Sa: 9a -2p 23431 Village Montessori Academy Child Daycare 4813 M -F: 630a -630p 23415 Seasons Cafe Restaurant 966 1la-930p, Tu Closed 23419 Nail Spa Nail Salon 2030 M-Sa: 9a -7p, Su: 10a-6 23435 Choice Cabinet Retail 506 Tu -F: 1030a -5p, Sa: 11a -230p 23445 Thai Massage Massage 1104 10a -10p 23447 Basically Books Bookstore 1010 M -F: 10a -5p, Sa: I Ia-230p 23449 DCD Security Retail 1150 M -F: 9a -6p 23453 Rafi Systems Retail 906 M -F: 830a -430p 23453A San am Penn Retail 530 Tu-Sa: 1la-8p, Su: 11a-7 23457 Dr. Chang Tutoring 646 Su: 8a-1 23473 Kim's Shoe Repair Retail 429 M -F: 8a -6p, Sa: 9a-3 23475 Evergreen Dental Dental Office 1586 M-Sa: 9a-6 23493 Brenda Tailoring Retail 600 M -F: 10a -7p, Sa: 10a-5 Vacancy Retail/Office 30513 Total 63387 Source: BP International, Inc. Exhibit 4. Tenant Information (PM 66991 New Child Daycare Center Site Proposed Prepared: 2/17/2017 K2 TrafFc Engineering, Inc. Suite Business Name Use Sq. Ft. T Business Hours 23373- 23377 Village Montesorri Academy I Child Daycare 4800 M -F: 630a -630p Existing Tenant Suite I Business Name Use Sq. Ft. Business Hours 23347 Peacock Gardens Restaurant 4800 11a-10 23353 Milan Jewelers Retail 1000 Tu -Su: 11a-630 23355 Jin's Dance Studio Dance Studio 2000 9a -10p 23359 Allstate Insurance Office 2000 M -F: 9a -6p, Sa: 10a-4 23361 jXarposh Fashion Retail 1000 Tu -Su: 12p -6p 23371 India Coffee & Snacks Retail 1000 Tu -Su: 11a -9p 23379 Village Animal Hospital Veterinary 2571 M -F: 8a -7p, Sa: 8a -1p 23385 Ali bani Hale Meat Grocery 2425 Tu -Su: 9a -8p 23391 Mandarin Palace Restaurant 3300 11a -10p Vacancy Retail/Office 5747 Total 25843 Source: BP International, Inc. L5 r c N � M co m co a) 4 c •5N L C Co LU CL UT m AN H m c .N w U C la 13 A) Q a w 0 0 0 0 0 0 LO M CON LO N OI puewoa 6ulfaed Wd 0£:9 Wd 00:9 Wd 0£:9 Wd 00:9 Wd OE:4 Wd 00:t Wd WE Wd 00:£ Wd 0£:Z Wd 007 Wd OE:6 Wd 00: 6 Nd 0£Z6 E Nd OOZE NV 0£4 6 NV 00.66 NV 0£:O6 NV 0006 NV 0£:6 NV 00:6 NV O£:9 NV 00.9 VV O£:L NV OO:L NV 0£:9 io 0 / / I 1 I m a) I m 00 (D to �� j �v a a �� 1 \ > \ U / �I 1 I 1 \ \ \ I I ♦ \ I I I I 0 0 0 0 0 0 LO M CON LO N OI puewoa 6ulfaed Wd 0£:9 Wd 00:9 Wd 0£:9 Wd 00:9 Wd OE:4 Wd 00:t Wd WE Wd 00:£ Wd 0£:Z Wd 007 Wd OE:6 Wd 00: 6 Nd 0£Z6 E Nd OOZE NV 0£4 6 NV 00.66 NV 0£:O6 NV 0006 NV 0£:6 NV 00:6 NV O£:9 NV 00.9 VV O£:L NV OO:L NV 0£:9 io 0 APPENDIX A. PARKING SURVEY P6212 - Village Montessori Academy Parking Study Date 2/7/17 & 4/18/17 Day Tuesday By Kevin S. * Peak parking occurred at 1:00 pm when 158 spaces were occupied. Survey date: 4/18/17 6:30am-11:30am, 2/7/17 12:00pm-6:30pm Montessori Site (PM 4612) Montessori Site (PM 6699) TOTAL CAPACITY 215 121 336 6:30 AM 5 1 6 7:00 AM 4 1 5 7:30 AM 4 3 7 8:00 AM 9 6 15 8:30 AM 22 10 32 9:00 AM 50 15 65 9:30 AM 46 17 63 10:00 AM 55 30 85 10:30 AM 73 43 116 11:00 AM 86 48 134 11:30 AM 84 59 143 12:00 PM 100 47 147 12:30 PM 108 49 157 1:00 PM 109 49 158 " 1:30 PM 90 46 136 2:00 PM 83 34 117 2:30 PM 85 42 127 3:00 PM 86 43 129 3:30 PM 83 40 123 4:00 PM 85 35 120 4:30 PM 86 39 125 5:00 PM 67 41 108 5:30 PM 64 37 101 6:00 PM 52 36 88 6:30 PM 37 37 74 Peak Usage 1 109 1 49 1 158 * Peak parking occurred at 1:00 pm when 158 spaces were occupied. Survey date: 4/18/17 6:30am-11:30am, 2/7/17 12:00pm-6:30pm Attachment 3 IfJPIMIXN O ChK f IN F PPM IMIN. Ib1ND¢-NO CMMGf IN fIfVRP Ln3QI 260.68' RU 6'ryIGM 50P0 DMGNk P DROPAPF+M M.UP 1IY� 1'I I'I IIIM1.IUN1IOISPI'AI66IIIpI(1�6) PM 6699 -121 PNJING 9P/�69 ❑ � f 51TE PLAN (SG ;111 2'-1'4) 23347-23391 GOND N 5PONG50R 0...9 fiA 91765 RECEIVED AUG 2 0 2017 CITY OF DIAMOND BAR P If)WROU IRONi "ONO TO lmN ,,.M 10 MAT". QipJG MWING PROPOSED 0D1501! PIAy0. 7,9ft9 '. 23363 23363 O -1-3777 2338 � PIA 9612-215 PARFINGSPPLES IO0 nmO II I 260.68' RU 6'ryIGM 50P0 DMGNk P DROPAPF+M M.UP 1IY� 1'I I'I IIIM1.IUN1IOISPI'AI66IIIpI(1�6) PM 6699 -121 PNJING 9P/�69 ❑ � f 51TE PLAN (SG ;111 2'-1'4) 23347-23391 GOND N 5PONG50R 0...9 fiA 91765 RECEIVED AUG 2 0 2017 CITY OF DIAMOND BAR P If)WROU IRONi "ONO TO lmN ,,.M 10 MAT". QipJG MWING PROPOSED 0D1501! PIAy0. 7,9ft9 '. 23363 23363 O 2338 � PIA 9612-215 PARFINGSPPLES IO0 II I PM 6699- 121 PARJNG 9PALB PM 4612-215 PM.RING 5Pg6f5 TOTK- 336 PMIJxG 5Pg6f9 O 8-28-17 NOT N` NOif➢ AI Of 4 SMP 23363 It) 1 V MW PEDWRAN PATH OF TRAVEL DO PVWC MGM OF WAY) NO CHANGE IN EM%TION) 23367 23371 ----------------------- (N) G' NIGH -90UD PVC PENCE (WHITE) PROP05ED OUT51DE PIAy AREA 7.888 5q,F,. O RICHER IP PO RIE Econ Dare 82&19 N. JOB Alb or n mels \ / VIII} 6 \ 5 4 3 23379 � I 2 �Qo \ PH N �/� Law M a DESIGNATED DROP-OffandPICK-UP - I _ -----_ _–_ �s�u PARKING SPACES (I-6) _ – --- – Q O�i 23383 4 5 A CCE iv ® ACCESSIBLE PARKINGPROVIDE SIGN STATING 'VAN-ACCE551131-E° MOUNTED BELOW THE ACCE55 5YMBOL 4 I? MP (MIN.) ABOVE NATURAL SN GRADE IV W 4pf SITE PLAN PM 6699- 121 PARKING SPACES 5 (SCALE: 15- 23347-23391 GOLDEN SPRINGS DR. 23347-23391 PM 4612 - 215 PARKING SPACES DIAMOND BAR, CA 91765 TOTAL - 336 PARKING SPACES O RICHER IP PO RIE Econ Dare 82&19 N. JOB Alb or n mels 9 E I I I I I I I I I I L I SOD ❑❑ ❑❑ ❑❑ W 9q IOPtX NC<92b51FM5gY) CDI I I 1 L ----JI �0 m �m [=m CLI CI::] -- -------- CHML i ' J WaassemMe z�cmov 'v�c`s�zTm's Ioaui m�� �m� WX� 541" YH 1:• Ifl rwlFxttuxE � RKE F.a�ORNIX InIsnlGlSglo w[I(Mt rym� _ i __ --- MlCnwn sY�owCrtxce _____ `mcwsn newrnlea��a � reo� v � I u IPA ------------ I I � 0 000 ------ i- �1 I EJ JM•szbs ILMI m0� D� Gm W Ns9tm� s Q D 10E - Ww.Hlwl9r WP'A3 ��� �f� CUE QDI L uru moauox � 4 9��nw L A _ I Io�4� P9.x3�' Wqu ADD D � xev wgLs r----� Wqusio ae ocuousnrn 0 IXISIING WgILS PROPOSED FURNITURE LAYOUT PIAN N $ N C mmn = CL N o v O �NR E UNU Od C V` d O � m CL �s Cd��- OC cm3 6 a�� z C ft— (f) l- E ^w o� CL- LL- C) W 0 T> NQ �U �< m � N U N � W2 O N Ohm a to w o� D , E E m W>NpQ U MrnM WMV 0 o-zan scq� AS NOIEO xo. fH A3 or n sn�rs 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: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: PROPERTY OWNERS: APPLICANT: SUMMARY: 7.2 September 12, 2017 Tentative Parcel Map No. 74368 (Planning Case No. PL 2017-25) 21680 and 21688 Gateway Center Drive Diamond Bar, CA 91765 (Los Angeles County Assessor's Parcel No. 8293-050-002) Kimberly Kanen BSP Senita Gateway Center, LLC 3501 Jamboree Road, #4200 Newport Beach, CA 92660 Kurt Troxell Fuscoe Engineering 16795 Von Karman #100 Irvine, CA 92606 The applicant is requesting approval of a Tentative Parcel Map to subdivide an existing 581,483 square -foot (13.35 acre) lot developed with two 3 -story office buildings into three separate parcels. No new construction will take place and there will be no physical changes to the building and property. The proposed subdivision will result in the creation of separate parcels for each building, and the third parcel is for the associated parking lot and other common areas which will continue to serve both buildings under a shared use agreement controlled by Covenants, Conditions, and Restrictions (CC&Rs). The property is located within the Gateway Corporate Center and zoned Business Office (OB) with an underlying General Plan land use designation of Professional Office. RECOMMENDATION: Staff finds that the proposed Tentative Parcel Map complies with the City's Subdivision Ordinance and that the subdivision findings required pursuant to Diamond Bar Municipal Code Section 21.20.080 can be made. Therefore, staff recommends that the Planning Commission adopt the attached resolution recommending that the City Council approve Tentative Parcel Map No. 74368, subject to the conditions of approval contained in the Resolution. BACKGROUND: The subject property is located within the Gateway Corporate Center, which was established prior to the City's incorporation under the jurisdiction of Los Angeles County as a master planned business park. The Gateway Corporate Center is a large-scale business park located along the westerly confluence of the Orange (SR57) and Pomona (SR60) freeways, south of Golden Springs Drive, encompassing Gateway Center Drive, Copley Drive, Valley Vista Drive, and Bridge Gate Drive. The business park is comprised of approximately 255 acres of land, including 80 acres with 23 developed lots and 175 acres maintained as hillside open space. All proposed land uses within this area are subject to the provisions of the Gateway Corporate Center Design Guidelines. The project site consists of a bulb shaped lot and is developed with two 3 -story office buildings. On October 13, 1998, the Planning Commission approved Development Review No. 98-10 for the development of two office buildings (totaling approximately 166,000 square feet) and associated onsite improvements at the project site. Thirteen tenants currently occupy these buildings. The site is legally described as Lot 2 of Tract No. 39679, and the Assessor's Parcel Number (APN) is 8293-050-002. Site and Surrounding General Plan. Zoning and Land Uses The following table provides the surrounding land uses located adjacent to the subject property. Tentative Parcel Map No. 74368 PL 2017-25 Page 2 of 9 General Plan Designation Zoning District Land Use Site Professional Office OB Professional Office Building North Professional Office OB Professional Office Building South Professional Office OB Professional Office Building and Medical Office East Professional Office OB Professional Office Building West Professional Office OB Professional Office Building Tentative Parcel Map No. 74368 PL 2017-25 Page 2 of 9 -vw� Project Description The proposed three -lot subdivision will subdivide an existing 581,483 square -foot (13.35 -acre) lot into three separate parcels. Parcels 1 and 2 are for the separation of the existing office buildings for sale, lease and financing purposes. Parcel A is to provide for reciprocal use and control over the existing surrounding parking lot and single entry drive from the intersection at Corporate Center Drive and Valley Vista Drive, located on the westerly side of the site. Parcel A will have common ownership between Parcels 1 and 2.' No new construction will take place and there will be no physical changes to the buildings or property. The gross lot size of each parcel is provided in the table below: 12 a / yP4 TYPICAL ROADWAY SECTION N_b' u,a a.,•m'ie sin'nmiwnn a+a / ....- -. - � o.mu w.mtmo-wo / o PARCEL 2 f PARCEL 1 PARCEL „A„ i XM No.,:... Proposed Tentative Parcel Map I Common -interest parcels are designated by letters (referred to as "lettered" lots), while individually -owned parcels are numerically designated. rentative Parcel Map No. 74368 PL 2017-25 Page 4 of 9 ANALYSIS: Review Authority (Diamond Bar Municipal Code Section 21.01) Section 21.02.040 of the City's Municipal Code requires all subdivision applications to be reviewed and approved by the City Council. Therefore, the Planning Commission will be forwarding a recommendation to the City Council for this request. Tentative Map: A tentative map is a map approving the division of land for the purpose of sale, lease, or financing, and is governed by the Subdivision Map Act. A tentative map prescribes how the land is to be subdivided. The City of Diamond Bar's Subdivision Ordinance establishes the minimum standards for the design of the lots, and the public improvements which serve them. When the City considers a tentative map request, it must make findings mandated by state law for approval or denial of the map. Once the tentative map is approved, the refined final map is approved by the City Council if deemed by the City Engineer to be in substantial conformance with the tentative map. The final map is then recorded with the Los Angeles County Recorder's Office. Development Standards: The following table compares the proposed project with the City's Subdivision and development standards for commercial development in the OB zone, and the Gateway Corporate Center Design Guidelines. The Gateway Corporate Center Design Guidelines was established to maintain a level of quality of development and site design that maintains the visual quality of the surrounding area. The "guidelines serve as a control on the individual parcel development to provide consistency and a cohesive distinguishable character." Although the Design Guidelines are referenced in the City's Development Code, the Design Guidelines are not codified in the City's Municipal Code and was not subsequently amended to reflect changes in administrative responsibilities following the City's incorporation. Therefore, the City's Development Standards prevail over the Design Guidelines. Tentative Parcel Map No. 74368 PL 2017-25 Page 5 of 9 The development standards are based on the "site" as described in the paragraphs below. Development Development Gateway proposed Meets Feature Code Standards Corporate Center Requirements Design Guidelines Parcel 1- 1.2 AC Minimum Lot Area 6.000 sq. ft. N/A Parcel 2- 1.2 AC Yes Parcel A- 13.35 AC Parcel 1- 159' Parcel Width Minimum 50' N/A Parcel 2- 159' Yes Parcel A- N/A Minimum 80'/ Parcel 1- 328' Parcel Depth 3x average width N/A Parcel 2- 328' Yes maximum Parcel A- N/A Building FrontCopley Dr- 209.4' Setback 30' 25' Gateway Center Dr -76.9' Yes (no change) 10' building & East side- 272.8' Side Setbacks 20' 5' parking lot West side- 137.3' Yes (no change) Rear Setback 30' 15' N/A Yes Maximum Floor 0.25 to 1.0 N/A 0'3* Yes Area Ratio (FAR) (no change) Maximum Lot No development° 50% 37%* Yes Coverage standard (no change) Building Height Limit 6 to 8 stories 9 stories (150') 3 stories (no change) Yes Parking & 664 parking 415 parking spaces 864* (no change) Yes Loading spaces Minimum 20% 15% 18-22%* Yes Landscaping (no change) *Requirement applies to "sites," not individual lots. The maximum allowable floor area ratio (FAR) for the Professional Office General Plan land use designation is 1.0. Section 22.80.020 of the Development Code defines FAR as: The floor area ratio (FAR) is the ratio of floor area to total lot area. FAR restrictions are used to limit the maximum floor area allowed on a site (including all structures on the site). The maximum floor area of all Tentative Parcel Map No. 74368 PL 2017-25 Page 6 of 9 structures (measured from exterior wall to exterior wall) permitted on a site (including carports) shall be determined by multiplying the floor area ratio (FAR) by the total net area of the site (FAR x net site area = maximum allowable floor area). The first part of the definition states that FAR is the ratio of floor area to total lot area. The second part of the definition explains the intent of limiting FAR, as it uses the word "site" instead of the word "lot". In this case, the project site is comprised of three lots totaling 10.95 acres. The tentative map has a statement that reads: "The third parcel (Parcel A) is to provide for reciprocal use and control, and common ownership between parcels 1 and 2..." If Parcel A is restricted in this way, it is staff's opinion that the three parcels combined comprise the "total lot area' as stated in the definition, and there is no reasonable basis for requiring Parcels 1 and 2 to stand on their own with respect to FAR. Therefore, the proposed project is in compliance with the City's General Plan with regards to FAR. As part of the subdivision review, staff sent notices to all public utility companies and service agencies regarding the proposed subdivision request. All agencies, including providers of gas, electrical, water, sewer, and cable television services, did not have any objections to the request. As set forth in the above analysis, the proposed subdivision is in conformance with the City's General Plan and zoning, and all applicable requirements of the Subdivision Map Act. The project complies with the minimum lot area, setbacks and FAR. No variances or exceptions are requested, and all public utilities and services will continue to service the project. Access and Circulation The project site is located within the Gateway Corporate Center, a master -planned business park served by fully improved public streets. The proposed subdivision will not interfere with the existing access from the intersection at Corporate Center Drive and Valley Vista Drive. Access to Parcels 1 and 2 will be provided through Parcel A. Parcel A is to provide for reciprocal use and control, and shall have common ownership between the proposed Parcels 1 and 2. The applicant has submitted a draft Reciprocal Easement Agreement for parking, access, landscaping and drainage purposes. The final agreement shall be submitted for review and approval by the Planning Division, Public Works/Engineering Department and City Attorney and recorded with the Los Angeles County Recorder's Office prior to recording the final map. Compatibility with Surrounding Area The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use. The project site is located within an existing master - Tentative Parcel Map No. 74368 PL 2017-25 Page 7 of 9 planned business park. Business park -related land uses abut the property on the north, south, west and east. There will be no changes to the existing office use and therefore will maintain the operational characteristics and compatibility with the surrounding uses. Furthermore, there will be no physical changes to the existing office buildings, and therefore, will maintain the visual character of the Gateway Corporate Center. Gateway Corporate Center Association Each owner of a lot within the Gateway Corporate Center is a member of the Gateway Corporate Center Association. On November 22, 2016, the applicant received a letter from the Association's legal counsel of the requirements for amending the existing Covenants, Conditions, and Restrictions (CC&Rs) and bylaws of the Association (Attachment 3). Once the entitlement is secured, the applicant is required to obtain approval from the Association to amend the private contract. Additional Review The Public Works Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site on September 1, 2017, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on September 1, 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. Public Comments Received At the time the staff report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: 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 15301 (k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. No further environmental review is required. Tentative Parcel Map No. 74368 PL 2017-25 Page 8 of 9 RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) recommending the approval of Tentative Parcel Map No. 74368 for Planning Case No. PL 2017-25 to the City Council, to allow a subdivision of an existing lot into three separate lots, based on the findings, subject to conditions of approval as listed within the draft resolution. Prepared by: Reviewed by: Mayuko Nakajima Grace . L Associate Planner Senior Planner Attachments: 1. Draft Planning Commission Resolution No. 2017 -XX and Conditions of Approval 2. Proposed Tentative Parcel Map No. 74368 3. Letter from Gateway Corporate Center Association Legal Counsel Dated November 22, 2016, and Response Letter from Applicant Dated December 21, 2016 I entative Parcel Map No. 74368 PL 2017-25 Page 9 of 9 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2017 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP NO. 74368 TO SUBDIVIDE AN EXISTING 13.35 GROSS ACRE LOT CONSTRUCTED WITH TWO EXISTING 3 -STORY OFFICE BUILDINGS INTO THREE SEPARATE PARCELS LOCATED AT 21680 AND 21688 GATEWAY CENTER DRIVE, DIAMOND BAR, CALIFORNIA (APN 8293-050-002). A. RECITALS 1. The property owner, BSP Senita Gateway Center LLC, and applicant, Fuscoe Engineering, have filed an application for Tentative Parcel Map No. PL2017-25 to create a three -lot commercial office subdivision from a single parcel. Hereinafter in this resolution, the subject Tentative Parcel Map shall be referred to as the "Project." 2. The subject property consists of 581,483 square feet (13.35 acres), and is fully developed with two 3 -story office buildings, an 864 -space parking lot, and associated improvements. The subject property is located in the Business Office (OB) zone with an underlying General Plan land use designation of Professional Office. 3. The current legal description of the subject property is Lot 2 of Tract No. 39679. The Assessor's Parcel Number is 8293-050-002. 4. Because the subject property is already developed, the primary intent of the proposed subdivision is to enable the lease, sale or financing of individual buildings. No new construction will take place and there will be no physical changes to the building and property. The proposed subdivision will result in the creation of separate parcels for each building, and the third parcel is for the associated parking lot and other common areas which will continue to serve both buildings under a shared use agreement controlled by Covenants, Conditions, and Restrictions (CC&Rs). 5. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on September 1, 2017. Public hearing notices were mailed to property owners within a 700 -foot radius of the project site and 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 September 12, 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; and 7. The documents and materials constituting the administrative record of the proceedings upon which the City's decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar 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; and 2. The 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 15301 (k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. No further environmental review is required. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 21.20.080, this Planning Commission hereby recommends that the City Council make the following findings: 1. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations; Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance, the Planning Commission recommends that the City Council make the following findings: a. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan: The Project involves the subdivision of an existing 581,483 square -foot (13.35 acre) lot developed with two existing 3 -story office buildings into three separate parcels. No new construction will take place and there will be no physical changes to the building and property. The proposed subdivision will result in the creation of separate parcels for each 2 PC Resolution No.2017-XX building, and the third parcel is for the associated parking lot and other common areas which will continue to serve both buildings under a shared use agreement controlled by Covenants, Conditions, and Restrictions (CC&Rs). The property is zoned Business Office (OB), and the underlying General Plan land use designation is Professional Office. The site is already developed and the proposed subdivision is in compliance with the City's General Plan, Design Guidelines and development standards. b. The site is physically suitable for the type and proposed density of development: The subject property is already improved with existing buildings. No new construction will take place, no physical changes to the buildings or property are proposed, and no changes in land use are proposed. C. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat: As stated, the subject property is already developed. The act of creating parcels on the subject property for the purpose of lease, sale or financing will have no material effect on fish, wildlife or their habitats. d. The design of the subdivision or type of improvements will not cause serious public health or safety problems: The proposed subdivision will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of the existing commercial buildings. The site is already developed and there will be no physical changes to the building and property. The Project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments, and Los Angeles County Fire Department requirements. Through the permit and inspection process, the referenced agencies will ensure that the Project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. e. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision: The proposed subdivision will not interfere with existing access from the intersection at Corporate Center Drive and Valley Vista Drive. Access to Parcels 1 and 2 will be provided through Parcel A. Parcel A will provide reciprocal use and control, and shall have common ownership between the proposed Parcels 1 and 2. The applicant is required to record a Reciprocal Easement Agreement for parking, access, landscaping and drainage purposes with the Los Angeles County Recorder's Office prior to final map approval. 3 PC Resolution No.2017-XX f. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board: The project site shall continue to be served by a separate sewer lateral which shall not cross any other lot lines. In the event that it is determined that the lot is not serviced by a separate independent sewer lateral, joint sewer maintenance and sewer line easements which cross the lot lines shall be identified in the joint agreements between properties. Therefore, no further environmental review is required. g. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions: The property is already improved with existing buildings, therefore, no soils report or geologic reports are required. h. The proposed subdivision is consistent with all applicable provisions of the City's Subdivision Ordinance, the Development Code, and the Subdivision Map Act: The proposed subdivision is consistent with the City's Subdivision Ordinance, Subdivision Map Act, and applicable Development Code. The existing buildings comply with all required setbacks and development code regulations. 2. Based on the findings and conclusions set forth herein, the Planning Commission hereby recommends that the City Council approve Tentative Parcel Map No. 74368, subject to the following conditions and the attached Standard Conditions of Approval: a. GENERAL 1. The approval of Tentative Parcel Map No. PL2017-25 expires within three years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section (DBMC) 21.20.140. The applicant may request in writing for a three year time extension if submitted to the City no less than 60 days prior to the approval's expiration date, subject to DBMC 21.20.150 for City Council approval; 2. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Los Angeles County Fire Department; 3. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Tentative Parcel Map No. 74368, at the City of Diamond Bar Community Development 4 PC Resolution No.2017-XX Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pay the remaining City processing fees, school fees and fees for the review of submitted reports; 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations; and 5. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. b. TENTATIVE PARCEL MAP CONDITIONS 1. Approval of the Tentative Parcel Map is for subdivision of land only. No land use or development entitlements are expressed or implied; 2. Prior to final map approval, the CC&Rs or other governing document shall include an agreement that the three parcels shall continue to operate as an integrated development (i.e., a single "site"); and 3. Approval of Tentative Parcel Map No. 74368 shall not be interpreted as repealing, abrogating, or annulling any private easement, covenant, or dual restriction imposed on the subject property. 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: Kimberly Kanen, BSP Senita Gateway Center, LLC, 3501 Jamboree Road, #4200, Newport Beach, CA 92660, and Kurt Troxell, Fuscoe Engineering, 16795 Von Karman #100, Irvine, CA 92606 APPROVED AND ADOPTED THIS 12TH DAY OF SEPTEMBER 2017, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 32 Raymond Wolfe, Chairperson 5 PC Resolution No.2017-XX 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 12th day of September, 2017, by the following vote: AYES: NOES: ABSENT: ABSTAIN ATTEST: Commissioners: Commissioners: Commissioners: Commissioners: Greg Gubman, AICP, Secretary PC Resolution No.2017-XX I — I. I c COMMUNITY DEVELOPMENT DEPARTMENT „-, �jD90% STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Tentative Parcel Map No. PL 2017-25 SUBJECT: To subdivide an existing 581,483 square -foot (13.35 gross acre) lot constructed with two existing 3 -story office buildings into three separate parcels. PROPERTY Kimberly Kanen OWNER(S): BSP Senita Gateway Center, LLC 3501 Jamboree Road, #4200 Newport Beach, CA 92660 APPLICANT: Kurt Troxell Fuscoe Engineering 16795 Von Karman #100 Irvine, CA 92606 LOCATION: 21680 and 21688 Gateway Center Drive, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b)(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 Tentative Parcel Map No. PL2017-25 brought within the time period provided by Government Code Section 66499.37 or any claim, action or proceeding alleging subdivision of the property is prohibited by contract, Covenants, Conditions, and Restrictions, or similar instruments. In the event the city and/or its officers, agents and employees are made a party of any such action: 7 PC Resolution No.2017-XX (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 subdivider/applicant shall remove the public hearing notice board within three days of this project's approval. 3. Approval of this request shall not waive compliance with all sections of the Development Code, all applicable City Ordinances, and any applicable Specific Plan in effect at the time of grading and building permit issuance. B. FEES/DEPOSITS 1. 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 (whichever comes first), as required by the City. 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. C. SOLID WASTE 1. 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. 2. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 4. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. All existing ADA parking, curb ramps, and paths of travel shall be maintained. 2. Any alterations to the parking area shall be subject to upgrades of existing ADA features to current Building Code. 8 PC Resolution No.2017-XX APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT AT (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within thirty (30) days prior to final map approval. 3. Prior to final map approval surety shall be posted guaranteeing completion of monumentation as deemed applicable. 4. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, or addressed in the CC&R's or other governing document, as approved by the City Engineer. 5. Applicant shall label and delineate on the final map, or within the CC&R's or other governing document, any private drives or fire lanes to the satisfaction of the City Engineer. 6. The Final Map, CC&R's or other governing document shall address reciprocal access and parking for all property owners. 7. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map. Permission shall be obtained from each utility company for any grading or construction over existing easements. 8. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a reproducible PDF copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 9. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. % All activities/improvements proposed for Tentative Tract 74368 shall be wholly contained within the boundaries of the map. Should any off-site activities/ 9 PC Resolution No.2017-XX improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. 11. Addresses for each lot shall be submitted for review and approval by the Public Works/Engineering Department prior to Final Map Approval. 12, Parcels 1 and 2 shall have separate addresses. Apply for a change of address with the Public Works Department prior to Final Map Approval. B. DRAINAGE 1. Maintenance plan/program of all on-site facilities shall be incorporated into the CC&R's or other governing document. END 10 PC Resolution No.2017-XX R/W t�I ziIl vED clr� Rr 1)/,4 MONS gAR i'1�II= FUSCOE F NG I N F E G I N G 16)95 Ven Ilormen. X.'.100, Imll, Cliilomio 92606 111949.474.196011..9A153151 waAW—com RECEIVED AUG 1 9 2017 CITY OF DIAMOND BAR t PW 60' 0' 30' Go' SCALE ip1AART'RCEL 81.683 (13.35)R1 S/rE IEWAY CENTER. LEG STREET PARTNERS. L.P. RD., STE. 4200 CA 92660 4TEMENT' PREPARED BY ME UNDER MY DIRECTION AND PIAS COMPILED DATA IN CONFORMANCE WITH THE REQUIREMENTS OF THE P ACT AND LOCAL ORDINANCES AT THE REQUEST OF BSP ' CENTER. LLC. IN JANUARY 201_ WIB011 EL, IS 7854 DATE SEEKS ENTITLEMENT FOR THE SUBDIVISION OF LOT 2 (TRACT N0. 39679) OF :ORECTA (E CENTER PIANNEO DEVELOPMENT SITE INTO 3 PARCELS. TWO OF THE ;EL I AND. 2) ARE FOR THE SEPARATION OF THE ROD EXISTING 89,500 OF E BUILDINGS FOR SALE, [EASE. AND FINANCING PURPOSES_ TIIE THIRD PARCEL TO PROVIDE FOR RECIPROCAL, USE AND CONTROL. AND COMMON OWNERSHIP ELS 1 & 2, OVER THE EXISTING SURROUNDING PARKING LOT AND EXISTING DRIVE FROM CORPORATE CENTER DRIVE LOCATED ON WESTERLY S10E OF THE :( CONSTRUCT ON LL TAKE PEACE AND THERE WILL BE NO PHYSICAL CHANGES IGS OR PROPERTY WITH THIS PROP4J4, ETA ARE TO TAKE PEACE AS PART OF THIS PROPOSAL. THEREFORE IMPROVEMENT READING, CONTOURS, DRAINAGE, BUILDING/FLOOR PLANS, ELEVATIONS. MATERIALS, IG PLANS ARE NOT APPLICABLE AND ARE NOT PROVIDED HEREWITH_ TIN THIS PROJECT ARE TO BE PRESERVED. IRTY HEATS: USE: OB—OFFICE/BUSINESS USE { FFICF/BUSINESS OFPCF/BUSINESS OFFICE/RUSINFSS STED AS LOT 2 AS GOVERNED UNDER THE GATEWAY JTER DESIGN GUIDELINES, S: IN & STORM DRAIN INGRESS/EGRESS. EASEMENT PER MAP BOOK 14 ING' BASED ON THE CENTERLINE OF COPLEY DRIVE AS BEING N80'34'13"E 396]9 RON: ]T NO. 39679, IN THE CITY OF PALIOND BAR, COUNTS OF LOS ANGELES. GRNIA, AS PER HAP RECORDED IN BOOK 1083 PAGES 14 TO 23 INCLUSIVE iE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 5 AGREELIFNT RUNNING WITN THE LAND SHALL BE RECORDED BY THE L PARCELS. IG AGREEMENT RUNNING \'/ITII THE LAND SHALL BE RECORDED BY THE LOTS, PARKING TOTAL PARKING STALLS 864 STALLS TOTAL PARKING REQUIREMENT OFFICE/INDUSTRDL (1/250 OF NEI) 696 STALLS (PER GAGATEWAY CORPORATE CENTER DESIGN IGN GUIDELINES) F �ooR��oBa. T E N TAT L V E PARCEL MAP NO. 74368 BEING ALL OF LOT 2 TRACT NO. 39679, BOOK 1083, PAGE 14 IN THE CITY OF DIAMOND BAR, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, IN THE OFFICE OF THE COUNTY RECORDER IN SAID COUNTY FOR FINANCE/CONVEYANCE PURPOSES ONLY 07/12/2017 N Attachment 3 .mill �= FUSCOE VIA E-mail sdeeds@themu I lercompany.com Gateway Corporate Center Association C/O Ms. Sandra Deeds, Senior Property Manager The Muller Company 21700 Copley Drive, Suite 165 Diamond Bar, CA 91765 Subject: 21680 & 21688 Gateway Center Drive (Lot 2 Gateway Corporate Center) Dear Ms. Deeds: December 21, 2016 We have received the enclosed Association's legal counsel opinion and requirements of our contemplated lot split. At this point, we consider this letter to provide us with a conditional authorization to proceed with a formal subdivision application process through the City of Diamond Bar. .. As such, your proposed subdivision/partition of the Subject Property would need to be reflected in a map recorded in the Los Angeles County Recorder's Office. Once the governmental requirements for subdividing the Lot are satisfied, the Association's CC&Rs would then need to be amended by the Association at your expense." Therefore, it is our intention on behalf of the owner, BSP Senita Gateway Center, LLC, to proceed with the city's subdivision application process. Further conditions outlined in the letter will be addressed as we move closer to securing final planning requirements during the initial entitlement phase. The location of the "Master Slope and Landscape Maintenance Areas" as they are shown in Exhibit B to the Association CC&Rs are not discernible in the recorded copy of the document. As a requirement outlined in the letter for us to show the location of these maintenance easement areas over the proposed Parcel 3, we would appreciate a legible copy or any map on file with the Association clearly depicting the location of these areas. We will keep the Association apprised of any additional city requirements as we navigate their process. Sincerely, Kurt R. Troxell, PLS Senior Mapping Manger enclosures: Association's requirements letter (1 1 /22/2016) Kimberly Konen, BSP Grace Lee, City of Diamond Bar Mayuko Nakalima, City of Diamond Bar Cal Woolsey, Fuscoe 16795 Von Korman, Suite 100, Irvine, California 92606 tel 949.474 1960 fax 949.474.5315 www.fuscoe.com FIORE RACOBS & POWERS -A PROFESSIONAL LAW CORPORATION - NATHAN P. BETTENHAUSEN DENNIS M. BURKE. RICHARD S. FIORE' JACQUELINE D. FOSTER' LAURIE C. KEATING NICOLE A. ULOMAIAVA JOHN R. MACDOWELL' ERIN A. MALONEY' SARAH G. ODEGAARD" JANET LS. POWERS' PETER E. RACOBS' MATHEW A. ROBINSON JULIE A. ROSSER TIFFANY SMITH-NGUYEN MARGARETG. WANGLER' 'DENOTESSHAREHOLDER "ALSO MEMBER OF MINNESOTA AND WISCONSIN BARS VIA E-MAIL AND U.S. MAIL 15635 ALTON PARKWAY, SUITE 200 IRVINE, CALIFORNIA 92618 BSP Senita Gateway Center, LLC c/o Buchanan Street Partners, L.P. Attn.: Kimberly Kanen 3501 Jamboree Road, Suite 4200 Newport Beach, CA 92660 E-mail: kkanen@buchananstreet.com TELEPHONE (949)727-311 1 FAX (949) 727-331 1 HTTP:// W W W.FIORELAW.COM November 22, 2016 INLAND EMPIRE OFFICE 68201NDIANA AVENUE, SUITE 140 RIVERSIDE. CALIFORNIA 92506,7202 (9S 1) 3696300 FAX (951) 3696355 COACHCOACHELLA VALLEY OFFICE 74-130 COUNTRY CLUB DRIVE, SUITE 102 PALM DESERT, CALIFORNIA 92260 (760) 776651 1 FAX (760) 7766517 Re: Gateway Corporate Center Association ("Association") Subject: Association's Requirements for the Subdivision of Lot 2 Dear Sir/Madam: File No, 63533-01 This letter is in response to the inquiry by BSP Senita Gateway Center, LLC ("Owner") regarding the steps required by the Association for the subdivision of Lot 2 of Tract 39679, more commonly known as 21680 and 21688 Gateway Center Drive (the "Subject Property"), into three separately owned Lots. In our capacity as the Association's lawyers, we have provided a legal opinion to our client, the Association, and the Board of Directors has now requested that we inform you of what the Association will require of your company as the Owner of the Subject Property. As you are aware, each owner of a Lot within the business development is a member of the Association. [CC&Rs, at Article I, Section 1.23; Bylaws, at Article III, Section 3.1.] The Association's governing documents, define a "Lot" as "each of the separate legal parcels shown on Exhibit A [to the CC&Rs] ... [and] any lot shown on any final map which is hereafter filed for record or any parcel shown on any tract or parcel map filed for record to the extent such lot is part of the Covered Property." [CC&Rs, at Article 1, Section 1.15.] As such, your proposed subdivision/partition of the Subject Property would need to be reflected in a map recorded in the Los Angeles County Recorder's Office. Once the governmental requirements for subdividing the Lot are satisfied, the Association's CC&Rs would then need to be amended by the Association at your expense. 00466428-6 FIORE RACOBS & POWERS -A PROFESSIONAL LAW CORPORATION - BSP Senita Gateway Center, LLC November 22, 2016 Page 2 In addition, Association's CC&Rs reflect the location of the "Master Slope and Landscape Maintenance Areas" ("Gateway Easement Areas"). The locations of the Gateway Easement Areas are shown in Exhibit B to the Association's CC&Rs and are also shown in more detail in the City of Diamond Bar's Design Guidelines. The Association would require that you prepare a new map showing the locations of the Gateway Easement Areas over the newly created Parcel 3 area, which would then be recorded as a new Exhibit "B." In addition, any and all approvals would need to be obtained from the City to modify the Design Guidelines to show the locations of the Gateway Easement Areas over the newly created Parcel 3 area. Further, since the voting rights and assessments/dues of a member are tied to the Net Usable Area ("NUAs") of a Lot, and its ratio to the total NUA of all Lots within the development, the CC&Rs explain that the NUA of the subdivided Lots would need to be recalculated and recertified by a civil engineer. [See CC&Rs, at Article I, Section 1.20; and Article II, Section 2.4.] The calculations performed by the civil engineer would then be used to: (1) recalculate the voting power of each respective owner of the new Parcels in the subdivided Lot based on the NUA calculations; (2) recalculate each owner's proportionate share of assessments for Parcels 1 and 2; and (3) recalculate each owner's proportionate share of assessments for Parcel 3 based on the ratio that Parcels 1 and 2 bear to the overall NUA in Parcel 3. [See CC&Rs, at Article II, Section 2.4; and at Article III, Section 3.4.] Once these calculations are completed, the Association would then need to record an amendment to the CC&Rs, which would amend Exhibit C to the CC&Rs in order to reflect the recalculated and recertified total NUA and the NUA of the subdivided Lot. The costs for the Association to hire a civil engineer to recalculate the total NUA, and the NUA of the subdivided Lot, the costs for the Association to prepare and record the CC&R amendment reflecting the new NUAs, and the costs to distribute the amended CC&Rs to the Association's membership would need to be borne by you. Lastly, the Association would need to review and approve all Governing Documents, including the new CC&Rs, Articles, and Bylaws for the new commercial association that you are proposing to create to ensure that they are consistent with the Association's documents. These documents would need to be provided to the Association as soon as your counsel has completed them so as to allow adequate time for review and input by the Association. Accordingly, you will need to provide the Association with a deposit of $10,000, from which the Association will deduct the fees and costs it incurs. Should the fees and costs be in excess of $10,000, the Association will seek reimbursement of those additional funds from you as well. Any unused portion of the deposit will be returned to you along with an itemization of costs. Please note that, as the Owner of the Subject Property, you are still required to go through the application process and submit all required documentation and the proposed governing documents for the sub -association. This letter should not be construed as a guarantee that the project will be approved by the Board. 00466428-6 FIORE RACOBS & POWERS -A PROFESSIONAL LAW CORPORATION - BSP Senita Gateway Center, LLC November 22, 2016 Page 3 Should you have any additional questions regarding this process, please do not hesitate to contact our office. Sincerely, FIORE, RACOBS & POWERS A Professional Law Corporation r Nathan P. Bettenhausen,sq. cc: Board of Directors (Via Email) Sandra Deeds, Senior Property Manager Janet L.S. 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I am employed by the City of Diamond Bar. On September 8, 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 September 8, 2017, at Diamond Bar, California. i Stella Marquez Community Development Dept. CD:\zstella\affidavitposting. doc