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.
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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
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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
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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
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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
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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.
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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
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RU 6'ryIGM 50P0
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❑
� 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
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PROPOSED 0D1501!
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51TE PLAN
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23347-23391 GOND N 5PONG50R
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RECEIVED
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CITY OF DIAMOND BAR
P If)WROU IRONi "ONO
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23371
-----------------------
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DESIGNATED DROP-OffandPICK-UP -
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_ -----_ _–_
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PARKING SPACES (I-6)
_
– --- –
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23383
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A CCE
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I?
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SN
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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
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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
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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
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TYPICAL ROADWAY SECTION N_b'
u,a a.,•m'ie sin'nmiwnn a+a / ....- -. - � o.mu w.mtmo-wo
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PARCEL 2
f PARCEL 1
PARCEL „A„ i
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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
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;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
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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. Powers, Esq.
00466428-6
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i
CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DIAMOND BAR )
I, Stella Marquez, declare as follows:
On September 12, 2017, the Diamond Bar Planning Commission will hold a
Regular Meeting at 7:00 p.m. at City Hall, Windmill Community Room, 21810 Copley
Drive, Diamond Bar, California.
I am employed by the City of Diamond Bar. On 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