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HomeMy WebLinkAbout06/11/2002PLANNING -FILECOJ', COMMISSIai. AGENDA June 11, 2002 7:00 P.M South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA Chairman Joe Ruzicka Vice Chairman Steve Tye Commissioner Steven Nelson Commissioner Commissioner Dan Nolan Jack Tanaka Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21825 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title lI 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 Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium 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 and Development Services 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 number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 396-5676 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, June 11, 2002 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2002-17 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice -Chairman Steve Tare, Steve Nelson, Dan Nolan, and Jack Tanaka. 2. 3. 4. 5. 6. 7. 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 Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission APPROVAL OF AGENDA: Chairman. 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: May 28, 2002. OLD BUSINESS: None. NEW BUSINESS: PUBLIC HEARING(S): 7.1. Development Review No. 2002-11/Minor Variance No 2002-05 (pursuant to Code Sections 22.48.020(A)(1) and 22.52) is a request to remodel and add approximately 1,882 square feet to an existing two-story, single-family residence of 1,965 square feet including porch and three car garage. The Minor Variance is a request for a 10% decrease in the required side yard setback. Project Address: 511 Topside Place Diamond Bar, CA 91765. June 11, 2002 Page 2 PLANNING COMMISSION Property Owner: Steven Ling 511 Topside Place Diamond Bar, CA 91765 Applicant: Hung Chou 511 s. 1 st Street, #161 Arcadia, CA 91006 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e)(2), the City has determined that this project is Categorically Exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2002-11/Minor Variance No. 2002-05, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2. Zone Chancre No. 2002-01 (pursuant to Code Section 22.44.010-070) is a request to change the zoning of an existing commercial area generally located south of the Pomona (60) Freeway on the west side of Diamond Bar Boulevard and including the commercial area on Gentle Springs Lane and the north side of Golden Springs Drive between Diamond Bar Boulevard and Prospectors Road. The current zoning of the two areas described is Commercial Planned Development (CPD). The contemplated zoning for the two areas is Regional Commercial (C-3) and/or Community Commercial (C-2) respectively. The General Plan land use designation for the two areas is General Commercial (C). The contemplated zone change, if approved, will be in compliance with the General Plan. The Planning Commission is charged with conducting a public hearing and making a recommendation to the City Council for the contemplated zone change. Property Applicant: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765. Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Sections 15162 and 15168 (c)(2), the City has determined the zone change is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified July 25, 1995. Therefore, further environmental review is not required for the proposed Zone Change. Recommendation: Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Zone Change 2002-01. 8. PLANNING COMMISSION COMMENTS: June 11, 2002 Page 3 PLANNING COMMISSION 9. INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future aroiects. 10. SCHEDULE OF FUTURE EVENTS: ADMINISTRATIVE REVIEW: Tuesday, June 25, 2002 — 6:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: CITY COUNCIL MEETING PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Tuesday, June 25, 2002 — 7:00 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, June 13, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive Tuesday, June 18, 2002 — 6:30 p.m. AQMD/Govt. Center Auditorium 21865 E. Copley Drive Thursday, June 27, 2002 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive MINUTES OF THE CITY OF DIAMOND BAR U K Ar i REGULAR MEETING OF THE PLANNING COMMISSION MAY 28, 2002 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Tye led in the pledge of allegiance. 1. 2. 3. 4. 5. 31 ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Steve Tye and Commissioner and Jack Tanaka. Commissioners Steve Nelson and Dan Nolan were excused. Also Present: James DeStefano, Deputy City Manager; Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Secretary. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: As Presented. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of May 14, 2002. C/Tanaka moved, VC/Tye seconded, to approve the Minutes of the Regular Meeting of May 14, 2002 as presented. Without objection, the motion was so ordered with C/Nelson and C/Nolan being absent. OLD BUSINESS: None NEW BUSINESS: 6.1 Review of Fiscal Year 2002-2003 Capital Improvement Program (CIP) for Conformity with the City's General Plan. DCM/DeStefano presented staff's report. Staff recommends that the Planning Commission approve a resolution finding that the FY 2002-2003 Capital Improvement Program is in conformance with the General Plan. DCM/DeStefano responded to VC/Tye's questions. There was no one present who wished to speak on this item. iv" I LO, 4vu— i t1Vl. " ♦ a.rf.NINXIN" VC/Tye moved, C/Tanaka seconded, to approve Resolution No. 2002-13 finding that the FY 2002-2003 Capital Improvement Program (CIP) is in conformance with the City's General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMNIISSIONERS: Nelson, Nolan 7. PUBLIC HEARINGS: 7.1 DEVELOPMENT REVIEW NO. 2002-02 (pursuant to Code Section 22.48.020.A.) is a request to construct a two-story single family residence on a vacant lot with a basement, nine -car garage, porte cochere, decks and balconies totaling to approximately 21,170 square feet. Additionally, the request includes a swimming pool/spa, gazebo and retaining walls with a maximum exposed height of six feet within the rear, side and front yards. PROJECT ADDRESS PROPERTY OWNER 22604 Ridge Line Road (Lot 166 of Tract No. 30091) Diamond Bar, CA 91765 Veneet K. Gupta 2359 Blue Haven Drive Rowland Heights, CA 91748 APPLICANT: V.C. Dagam 1000 N. Regal Canyon Drive, Walnut, CA 91789 DCM/DeStefano presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-02, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Ruzicka opened the Public Hearing. Nancy Lyons, neighbor residing immediately downhill from the proposed construction, wants assurance that the construction adheres to the CC&R's and building code. V.C. Dagam, architect, said his project follows all association CC&R's and building codes. DCM/DeStefano explained that the city does not enforce association CC&R's. However, this project received approval from "The Country Estates" Homeowners Association, the city's guiding principle that determines whether applicant's are in concert with "The Country Estates." Nancy Lyons, 22536 Ridgeline Road, said she asked about the CC&R's because VLA i Z6, 4UUG rAkyr. J t •.ru�i�li�v �,v..u.i,.�,ivi. there have been prior incidents where building plans received association approval and subsequently, plans were changed before they were approved by the city. If something negatively impacts her property during construction of this project, is there something that can be done. DCM/DeStefano said it would depend on the circumstances. Most often these are private party matters. If the circumstance was related to a condition of approval, it would then be an issue for the city and Planning Commission to address. The city requires that applicants provide licenses, insurance, etc. to support the issuance of a building permit. Ms. Lyons said she :is concerned because the project would be constructed over a period of one year .and that debris may float down into her backyard area and swimming pool. She: hoped that the construction foreman would take proper care to ensure that debris would not float onto her property. She was also concerned that grading would unearth rattlesnakes, gophers, ants, etc. that would invade her property. She was pleased with the aesthetic qualities of the proposed project. C/Tanaka moved, VC:/Tye seconded, to approve Development Review No. 2002-02, Findings of Fact, and conditions of approval as listed within the resolution. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Nolan 7.2 Development Review No. 99-09(1)(Tree Permit 2000-02(1) (pursuant to Code Section 22.66.050.C.) is a request for a one year extension of time for a project approved by the Planning Commission on April 11, 2000. The Planning Commission approval allows the construction of a two-story, single-family residence, of approximately 16,795 square feet, with a basement, balconies, porch, patios, indoor swimming pool, and five -car garage. Additionally, the request includes accessory structures: tennis court, rose garden with seating and trellis. The extension of time, if approved, will allow the continuation of this entitlement until April 11, 2003. PROJECT ADDRESS: PROPERTY OWNER) APPLICANT: 23622 Ridgeline Road (Lot 88 of Tract No. 30091) Diamond Bar, CA 91762 Christina Dang 2668 Highridge Drive Diamond Bar, CA 91765 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 99-09 and Tree Permit 2000-02, Findings of Fact, and conditions of approval as listed within the resolution. 1v1H1 Li),zuut, ravL y ri.a.LNlNu'%" v.vu�►io�iv.� VC/Tye asked why staff believes the applicant would be able to perform in one year when this project has not commenced in the two years subsequent to approval. DSA/Smith stated the applicant had a grading permit and experienced contract negotiation problems with their architect and grading contractor. Most of the related issues have been satisfactorily concluded. Chair/Ruzicka opened the Public Hearing. . There being no one who wished to speak on this matter, Chair/Ruzicka closed the Public Hearing. C/Tanaka moved, VC/Tye seconded, to approve a one-year extension for Development Review No. 99-09 and Tree Permit 2000-02, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Tanaka, VC/Tye, Chair/Ruzicka None Nelson, Nolan 7.3 Conditional Use Permit No. 2002-06 (pursuant to Code Sections 22.10.030., Table 2-6 and 22.58.030) is a request to sell alcoholic beverages for off-site consumption in conjunction with the sale of motor fuel. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 206 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Equilon Enterprises, LLC P.O. Box 4369 Houston, Texas 77210-4369 Fauso Buchelli 206 S. Diamond Bar Boulevard Diamond Bar, CA 91765 DCM/DeStefano presented staff's report. Staff recommends Planning Commission approval of Conditional Use Permit No. 2002-06, Findings of Fact, and conditions of approval as listed within the resolution. Fauso Buchelli, owner., stated that he has owned the business for three and one-half years. He and his staff are very responsible and have waited for a long period of time to make this request based on customer demands. Chair/Ruzicka opened the Public Hearing. There being no one present who wished to speak on this matter, Chair/Ruzicka closed the Public Hearing. A" l Lbs LUUL, t i -k"12 J t"Lhl\1\11\lI \ V1Vli�liJJ1V1\ 8. 9. 10. VC/Tye reported that the public hearing sign was not prominently posted at the site. He would prefer that staff monitor these signs for better placement. He took exception with the statement in staff's report that the sale of alcoholic beverages for off-site consumption would serve a "public necessity." He felt this was an inappropriate venue and was opposed to approving the CUP. Chair/Ruzicka wanted to know why VC/Tye was concerned. Other dealers in the area are selling alcoholic beverages for off-site consumption and this is a convenience to the public. VC/Tye moved to deny Conditional Use Permit No. 2002-06, Findings of Fact, and conditions of approval as listed within the resolution. The motion died for lack of second. C/Tanaka moved, Chair/Ruzicka seconded, to approve Conditional Use Permit No. 2002-06, Findings of :Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: PLANNING COMMISSION COMMENTS: INFORMATIONAL ITEMS: SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: Tanaka, Chair/Ruzicka VC/Tye Nelson, Nolan None Offered. None Offered. There being no further business to come before the Planning Commission, Chairman Ruzicka adjourned the meeting at 8:07 p.m. Attest: Chairman Joe Ruzicka Respectfully Submitted, James DeStefano Deputy City Manager AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: PROPERTY OWNERS: APPLICANT: BACKGROUND: City of Diamond Bar PLANNING COMMISSION Staff Report May 30, 2002 June 11, 2002 Development Review No. 2002-11/Minor Variance No. 2002-05 A request to remodel and add approximately 1,882 square feet to an existing two-story, single-family residence of 1,965 square feet including porch and three car garage. The Minor Variance is a request for a 10 percent decrease in the required side yard setback. 511 Topside Place (Lot 66, Tract No. 36813) Steven Ung and Helen Lim 511 Topside Place Diamond Bar, CA 91765 Hung Chou 511 S. First Avenue, #161 Arcadia, CA 91006 The property owners, Steven Ung and Helen Lim, and applicant, Hung Chou, are requesting approval of an Application to remodel and add approximately 1,882 square feet to an existing 1,965 square feet single family residence including the three car garage. The project's address is 511 Topside Place, Diamond Bar. The parcel is Lot 66 of approved Tract Map No. 36813. The project site is approximately .18 gross acres. It is an irregularly shaped pad at the end of a cul-de-sac with an existing two-story single family residence. The General Plan Land Use designation is Low Density Residential (RL), max. 3 du/acre. The project site is zoned Single -Family Residence, R-1-8,000. Generally, the R-1-8,000 Zone surrounds the subject site. REVIEW AUTHORITY • Development Review This application requires Development Review by the Planning Commission per the City's Development Code, Section 22.48.020.A(1), which states that Development Review is required for projects involving a building permit for reconstruction and additions to structures which are equal to 50 percent or greater of the floor area of the existing structures on the site. Therefore, the addition of 1,882 square feet to an existing 1,965 square feet structure is subject to the discretionary Development Review process. The purpose of this review process is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. Also, to utilize the City's Design Guidelines in conjunction with the City's Development Code to promote development that respects the physical and environmental characteristics of the community and the site. Minor Variance This Application also requires a Minor Variance approval pursuant to the City's Development Code, Section 22.52, to decrease the required side yard setback by 10 percent. The purpose of a Minor Variance is to allow for adjustment from the development standards of the Development Code. The adjustment may be granted when special circumstances are applicable to the property (i.e. location, shape, size, surroundings, topography, unreasonable regulations, other conditions, or the strict application of the Development Code) denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. The special circumstance must create an unnecessary, and non -self created hardship that makes it obviously impractical to require compliance with the development standards. • Planning Commission Authority Pursuant to Development Code Section 22.48.030, the highest level of authority shall make concurrent processing; therefore, the Planning Commission shall hear both applications. 2 ANALYSIS: DEVELOPMENT REVIEW • Development Standards The following is a comparison of the City's development standards and the project's Proposed development standards: City's Development Standards I Project's Development Standards 1. Setbacks (main structure): • Front yard -20 feet from property line • Side yards -5 feet & 10 feet minimum from property line • Rear yard -20' from property line • Site Covera e -overall maximum 40% 2. Building Height: • Maximum 35 feet 3. Parking: Minimum two -car garage with each bay minimum 10'x20' 1. Setbacks (main structure): • Front yard- 20 feet from property line • Side yards- 5 feet and 9+* feet from property line • Rear yard -32 feet from property line Site Coverage -Approximately 29% 2. Building Height: New roof scales at 23 feet on west with existing chimney at 28 feet 3. Parking: Existing two car garage 20'x21', adding one Car garage 10.5I x2 1', plus *The above analysis for the application indicates that the proposed driveway reconstruction/remodel meets Development Code Standards except for the decrease of one foot in the required side yard setback. A request for a Minor Variance accompanies the application and is discussed below. There are a total' of four bedrooms plus the potential of the den as a bedroom, as well as the large sitting area. A third car garage has been added to the remodel plus the large driveway. Staff anticipates adequate parking for this remodel. • General Plan/Design Guidelines/Compatibility with Neighborhood The General Plan has two strategies relating to compatibility within the Land Use Element: I. Strategy 1.2.4, Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the prevailing character of the surrounding neighborhood; and 2. Strategy 2.2.1, Requires that new developments be compatible with surrounding land uses. The City's Design Guidelines state that compatibility with adjacent uses is a primary objective. Projects should be designed to minimize negative impacts on surrounding uses. In this case, the proposed project is a single family residence adjacent to other single 3 family homes. In this case, staff has reviewed the size and scale of this project when compared to the surrounding neighborhood. Though this product is larger than most of the homes on Topside Place, its characteristics of three car garage and one to two story architecture, as shown on the east elevation of the plans are consistent with the surrounding homes. Staffs review deems that the Application is consistent with the General Plan, Development Code Standards, and City's Design Guidelines. Architectural Features and Colors The proposed single family residence's contemporary architectural style is maintained and includes new double door entry; stucco; brick accent; wood trim fascia and window trim; and layering of materials and finishes via multi-levels of roof lines using roof tile to add texture and contrast. The use of these materials provides variety and interest. The proposed project's architectural trim and palette are compatible with the architectural style of other homes within the tract. The Application design is consistent with the City's Design Guidelines and Development Code. • Floor Plans The proposed single-family structure is currently a one to two story structure. The reconstruction/remodel adds additional two story rooms to the rear and middle of the structure enlarging some rooms and creating a very large master bedroom suite and open sitting areas. The first floor has the existing two car garage and added garage for a total three car garage, laundry and bath area, the enlarged living room, dining room, family room, kitchen and new bedroom suite with bath and walk in closet. The second story has the two existing bedrooms and bath, the new master bedroom suite with bath and walk in closet, the large mezzanine sitting area that has a part open to the living room, and a new den with access from the master suite and hall. • Covenant and Agreement As with many approvals, a condition of approval has been added that the owner is required to complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. SITE WORK The subject reconstruction/remodel is on the existing pad. No grading or retaining walls are anticipated. Should it be necessary to work more than 50 cubic yards of earth, the Public Works Division will require a grading/drainage plan. 4 LANDSCAPING Front yard landscaping is often destroyed during a remodel of this magnitude. Therefore, a front yard landscape/irrigation plan is required as a condition of approval. The plan is required to delineate the type of planting materials, color, size, quantity and location. The landscaping/irrigation is required to be installed or replaced per the plan prior to the Planning Division's final inspection or the issuance of the Certificate of Occupancy. Additionally, it is noted for the applicant that any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into the street's dedicated easement; nor, shall any such structure or dense plant material proposed within the front setback exceed a maximum height of 42 inches. PRESERVED/PROTECTED TREES Per Development Code 22.38.060(H), parcels of %Z acre or less are exempted from Preserved and Protected Tree regulations. Therefore, the subject parcel at .18 acres is exempt. VIEW IMPACT This is a one to two story home. The neighboring parcels are single-family residences and by maintaining the height limits of the Development Code, the proposed remodel is not considered an impact to the view corridor of surrounding properties. MINOR VARIANCE The Minor Variance request is to allow a reduction in the side setback of 10 percent. Most of the homes on Topside Place were built with three car garages that would adequately serve the proposed remodel. The Application currently has a two car garage. In order to increase the size of the structure as proposed with the potential for five bedrooms, an additional garage bay was recommended by staff. The setbacks of the existing structure are 9+ feet on one side and 15 feet 6 inches on the other. These exceed the current City Code requirements of 5 feet on one side and 10 feet on the other. However, the Applicant requests a Minor Variance to decrease the side yard setback by one foot to accommodate the new garage. The Application continues to have the required 15 feet between structures on adjoining parcels. The lack of the three car garage for the original product and the need of a third bay to support the number of rooms is a special circumstances applicable to the property, so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. 11 ADDITIONAL REVIEW The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the conditions of approval. NOTICE OF PUBLIC HEARING: On May 29, 2002, 63 property owners within a 500 -foot radius of the project site were notified by mail. On May 31, 2002, notification of the public hearing for this project was made in the San Gabriel Vallev Tribune and Inland Valley Daily Bulletin newspapers; and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other sites were posted within the vicinity of the application. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301(e)(2). RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2002- 11 and Minor Variance No. 2002-05, Findings of Fact, and conditions of approval, as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: Resolution Number B-4: (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan; (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public; as well as, its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; C W The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED MINOR VARIANCE FINDINGS (k) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; (1) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; (m)Granting the Variance is consistent with the General Plan and any applicable specific plan; (n) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and (o) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. Draft Resolution; 2. Application; 3. Tree Statement; 4. Aerial; 5. Sample Covenant and Agreement; 6. Color Board: 7. Exhibit "A" - site plan, floor plan, elevations, dated June 11 2002 D: WORD-LINDA/PLANCOMM/PROJECTS/DR 02-11511 TOPSIDE/REPORT DR 02-11 511... 7 DRAFT PLANNING COMMISSION ATTACHMENT "1" RESOLUTION NO.2002-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2002-11, MINOR VARIANCE NO. 2002-05 AND CATEGORICAL EXEMPTION 15301(e)(2), A REQUEST TO REMODEL AND ADD APPROXIMATELY 1,882 SQUARE FEET TO AN EXISTING 1,965 SQUARE FEET SINGLE FAMILY RESIDENCE INCLUDING THREE CAR GARAGE. THE PROJECT SITE IS LOCATED AT 511 TOPSIDE PLACE (LOT 66, TRACT NO. 36813), DIAMOND BAR, CALIFORNIA. A. Recitals The property owners, Steven Ung and Helen Lim, and applicant, Hung Chou have filed an application to approve Development Review No. 2002-11 and Minor Variance No. 2002-05, for a property located at 511 Topside Place (Lot 66, Tract No. 36813), Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Categorical Exemption shall be referred to as the "Application." 2. On May 29, 2002, 63 property owners within a 500 -foot radius of the project site were notified by mail. On May 31, 2002, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other sites were posted within the vicinity of the application. 3. On June 11, 2002, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 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. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301(e)(2) of Article - 19 of Chapter 3, Title 14 of the California Code of Regulations. DRAFT ATTACHMENT "1" 3. 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. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 511 Topside Place, Diamond Bar, California. The parcel is Lot 66 of approved Tract Map No. 36813. The project site is approximately .18 gross acres. It is an irregularly shaped pad at the end of a cul-de-sac with an existing two-story single family residence. (b) The General Plan Land Use designation is Low Density Residential (RL), max. 3 du/acre. The project site is zoned Single -Family Residence, R-1-8,000. (c) Generally, the R-1-8,000 Zone surrounds the subject site. (d) The Application is a request to remodel and add approximately 1,882 square feet to an existing 1,965 square feet single family residence including the three car garage. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, currently developed with a one to two story single- family residence, was established before the adoption of the City's General Plan and current Development Code. The adopted General Plan of July 25, 1995 has a land use designation of Low Density Residential (RL) (max. 3 du/acre). The Application complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the current 2 DRAFT ATTACHDiamond Bar Development Code, and with the City's Design D sign Guidelines. There is no specific plan. The proposed project conforms to applicable provisions of the Development Code, the site coverage is less than 40 percent, is comparable with the existing neighborhood, and it meets the required height limitations and does not encroach into the setbacks except with the approval of attached Minor Variance. This is a one to two story structure. The neighboring parcels are single-family residences with a similar architecture. By maintaining the height limits of the Development Code, the proposed remodel is not considered an impact to the view corridor of surrounding properties. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. Armitos Place and Topside Place adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. The project site is currently developed with a one to two story single- family residence. The proposed reconstruction/remodeling does not change the existing use of a single-family residence. Although the proposed addition enlarges the existing residence, it maintains the one to two story architecture and meets the 35 feet height limitation per the Development Code. Additionally, the Application has a height consistent with surrounding properties. The structure is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development with regard to view or traffic. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed single family residence's contemporary architectural style is maintained and includes new double door entry; stucco; brick accent, wood trim fascia and window trim; and layering of materials and finishes via multi-levels of roof lines using roof the to add texture and contrast. The use of these materials provides variety and interest. The proposed project's architectural trim and palette are compatible with 'the architectural style of other homes within the tract. The - 3 DRAFT ATTACHMENT "1" Application design is consistent with the City's Design Guidelines and Development Code. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The colors, materials, and textures proposed are the same as existing and are complimentary to the existing homes within the area while offering variety and low levels of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, and inspections; soils. report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single family residence. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California o(2).frnia Environmental Quality Act of 1970 (CEQA), Section 15301 e MINOR VARIANCE (k) There are special circumstances applicable to the property (e.g. location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self-created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. The Minor Variance request is to allow a reduction in the side setback of 10 percent. Most of the homes on Topside Place were built with 4 DRAFT three car garages that would adequately serve the proposedMENT remodel. The Application currently has a two car garage. In order to increase the size of the structure as proposed with the potential for five bedrooms, an additional garage bay was recommended by staff. The setbacks of the existing structure are 9+ feet on one side and 15 feet 6 inches on the other. These exceed the current City Code requirements of 5 feet on one side and 10 feet on the other. However, the Applicant requests a Minor Variance to decrease the side yard setback by one foot to accommodate the new garage. The Application continues to, have the required 15 feet between structures on adjoining parcels. The lack of the three car garage for the original product and the need of a third bay to support the number of rooms is a special circumstances applicable to the property, so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. (I) Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the Property owner for which the Minor Variance is sought. The Minor Variance request is to allow a reduction in the side setback of 10 percent. Most of the homes on Topside Place were built with three car garages that would adequately serve the proposed remodel. The Application currently has a two car garage. In order to increase the size of the structure as proposed with the potential for five bedrooms, an additional garage bay was recommended by staff The setbacks of the existing structure are 9+ feet on one side and 15 feet 6 inches on the other. These exceed the current City Code requirements of 5 feet on one side and 10 feet on the other. However, the Applicant requests a Minor Variance to decrease the side yard setback by one foot to accommodate the new garage. The Application continues to have the required 15 feet between structures on adjoining parcels. The lack of the three car garage for the original product and the need of a third bay to support the number of rooms is a special circumstances applicable to the property, so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts. It is found that the Minor Variance approval is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and 5 DRAFT ATTACHMENT 1" zoning district and denied to the property owner for whom the Minor Variance is sought. (m) Granting the Minor Variance is consistent with the General Plan'and any applicable specific plan. The proposed single-family residence is consistent the City's General Plan and there is no specific plan. The proposed single-family residence complies with the applicable standards for the R-1-8,000 (Low Density Residential Development Standards (RL)) zoning district and the decrease in the side yard setback that requires Minor Variance approval. The increase of square footage is at the rear and sides of the structure, and is consistent with the neighboring properties with respect to design and materials. (n) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, a Covenant and Agreement is required and runs with the land to maintain a single family residence. (o) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). As stated in Item 4Q). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, and elevations collectively labeled as Exhibit "A" dated June 11, 2002, as submitted to and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste 6 DRAFT ATTACHMENT "1" from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. BUILDING AND SAFETY (c) The Applicant shall provide temporary sanitation facilities while under construction. (d) A permit for demolition shall be obtained from the South Coast Air Quality Management District. (e) The single-family structure shall meet the 1998 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 1998 National Electrical Code requirements. (f) The single-family structure requires Fire Department approval and is located in "high fire zone" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 114 inch nor more than'/: inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum Y2 inch screen. (g) This single-family structure shall meet the State Energy Conservation Standards. (h) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (i) Smoke detectors shall be provided in all sleeping rooms. (j) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. 7 PLANNING DRAFT ATTACHMENT "1" (k) Applicant shall submit a soils report if required for the proposed improvements to be reviewed and approved by the City. (I) Due to the site's topography, applicant shall comply with special design requirements as specified in the California Building Code, Section 18.4.3, building setback, top and toe of slopes. (m) The Applicant shall comply with the requirements of the Fire Department; City Planning, Building and Safety, and Public Works Divisions. (n) A landscape/irrigation plan shall be submitted for the front yard and delineate the type of planting materials, color, size, quantity and location. The landscaping/irrigation shall be installed or replaced in the front yard prior to the Planning Division's final inspection or Certificate of occupancy issuance. Any walls, gates, fountains, etc. that may be proposed within the front setback shall not encroach into street's dedicated easement or exceed a maximum 42 inches in height. (o) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (p) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (q) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (r) This grant is valid for two (2) years and shall be exercised (Le. _ construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing 8 DRAFT ATTACHMENT "1" at least 60 days prior to the expiration date. The Deputy City Manager will consider the extension request at a duly noticed public hearing in accordance: with Chapter 22.72 of the City of Diamond Bar Development Code. (s) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (t) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 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 Steven Ung and Helen Lim, 511 Topside Place, Diamond Bar, CA 91765 and Hung Chou, 511 S. First Avenue, #161, Arcadia, CA 91006. APPROVED AND ADOPTED THIS 11th DAY OF JUNE 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Joe Ruzicka, Chairman 9 DRAFT ATTACHMENT "1" I, James DeStefano, 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 11 th day of June 2002, by the following vote: AYES: Commissioners: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: James DeStefano, Secretary D: WORD-LINDA/PLANCOMM/PROJECTS/DR 02-11511 TOPSIDE/RESO DR 02-11... 10 Mar 08 02 02:25p Citi of Diamond Bar t DGl.�il�.t'1t lir�>i Q ;- CITY OF U1Arv1C*JLu BAR 21825 E. COPLEY G21V (INSIDE GOVERrVMENT CENTER) DIAMOND BAR, CA 91- 909 396 5676 FAX 909 861 31-1 REti'IE�LICATTON Record aw1jer Narnc (Last name first) _ Addrm_ 1 I To 51 P -E PL Circ � V GI YYlI1 N ¢� Phone( b 2 '� 5 OL 0 ---._ ATTACHMENT °2" D Posit R, Applicant Appiican, 'Agent (Last =MC first) --- -- (L.a�i rtatt� fust) NOTE:. It is the appiicaat's r princiPalS involved during the pro �S of W;��e CO2112ullity Dcvelapment Director in writing c, f any. cb&ngc of the Of :rp'scl'an�sh�'jfn� oI oOrpontions.) 3&ry,iniudingmcs, addresses, andsi9ratunyofinerribcrsofp,rtncrtt3i s o P .J rru venter s, and direUnn Consent. I certify that I am the owner of the herein and permit the o describtd property ppl�canr trr file ;tri Signed S� s -equesl. (All roccrd ers) —' - Data Linde o'heibcst t: Jr, the owLedggned, hereb> eertlJy undtrpc>ralry o.J'perjury thn,'!he yjor»uttion he? tin rordde to 'he best of My knawkdge. P d is corrrcl Print Name (�(� C ( Q (, 'I o �Applicant or gurt) —� — -=r / Signed ;� PP "n r gent) Dat, I 2 Z Location � - I / 1 Q ' E (5ttwt address or tractattd lot numbtr) Zoning Previous Cases OLID F.iIaI�1 Prucnt Use of Site _ Use applied for Area devoted to structures -2,12 Lndsc aping/Open spare C Project Size ~JC/ � Lot Coverage Proposed density Style �C?/� l%�N/( (Units/Acres) S le of Arcbitecture — Number of Floors Proposed v Slope of Roof 4 ?� If Yes. Quantity, Cut Fill Import If Yes, Quantity Export If Yes, Quantity Record owner Name r �h S 41041f, st name first) Address —G4 r p . C-7'00 L City .G - U 6{ f r zip=� � `� t Z�3 r Phone Fax(1� NO COMMUNITY AND FDate-Rje—cd� DEVELOPMENT DEPARTMENT L Planning Division t $ _� 2 21825 E. Copley Drive k --- Diamond Bar. CA 91765 Phone (909) 396-5676 Fax (909) 861-3117 FOR CITY USF 4❑ VARIANCE APPLICATION MINOR VARIANCE APPLICATION Phone ( Fax ( ) Applicant v (Last name first) Applicant's Agent (Last name first) SIC>eL Phone Fax TE: It is the applicant's responsibility to notify the city in writing of any change of the principals involved duringthe (Attach separate sheet, if necessary, Processing of this case. corporations.) ry. including names, addresses, and signatures Of members of Partnerships, joint ventures, and directors of P, Consent: I certify that I am the owner of a rein described property and permit the applicant to file this re Signed` quest. Date Certifica.'ior.:: the u ;dcr;; ;:cam I., c knowledge } ei�.19' nnderp,.;:.,;hy o,fperjur; tl.•at .he i;;Acrr- � ...tion herein prorrded is ccr, ect to 1,9¢ best of, ry Print Name H L) r1 C C 6 D U iigned .ocation or Agent) -1fl etween (Street address or tract and lot oning _ (Street) and _ House Numbering Map 1 Date CJ -- — ri Z (Street) ATTACHMENT "3" TREE PRESERVATION STATEIVI () The subject property contains no California Pepper trees. ow, oak, walnut, sycamore willor naturalized , The subject property contains one or more Oak, naturalized California ,P walnut, sycamore, willow, or ePP� trees. The. applicant anticipates tha (grading and/or construction) will take place dripline of any oak, walnutwithin t no activity five (5) feet of the outer tree. t, sycamore, willow, or naturalized California Pepper The subject property contains one or more naturalized California P walnut, ePPa tree's. The applicant sycamore, willow, or w, and/or construction) gl take Place that activity (grading ce within five (S) feet of the outer dripline Of any oak, walnut, sycamore, willow, or Tree Permit has been or will be applied forr natural, s Y activity takinPeppg tree. A the property. Y g place on C (Applicant's Sig 1. (Date) (Date) D: WORD.UXDAW0RMSXTREE STATEMENT 1:7'�.TIE: RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL'TO: City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 ATTACHMENT "5" COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE The undersigned hereby certify that are the owner(s) of the hereinafter described real property located at in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot Tract Map No Assessor's Book and Parcel Number And, I/we do hereby covenant and agree for ourselves, heirs, assigns, transferees and successors, with the City of Diamond Bar (hereinafter "City") that the above described property shall be used for single family residential purposes only, and that no portion of the structure(s) or property shall be rented, leased or sold separate and apart from any remaining portions of the property or structure(s). This covenant and agreement shall run with the land and shall be binding upon ourselves, future owners, their heirs, and successors and assignees and shall continue in effect until and unless approved otherwise by the City of Diamond Bar is specifically intended that the benefits and burdens of this covenant run with the land. If the City is required to bring legal action to enforce this covenant, then the city shall be entitled to its attorney fees and court costs. By DATED: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On this day of 200_ before me the undersigned Notary Public in and for said State, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that executed the same in authorized capacity(ies), and that by signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public in and for said State U) UJ O z F W 0900-1Ls (szs), ami 90016 vo qp" 1010-1CS (919,) 491 LPI WS 'MV Pt 'S 114 SNV'ld 80012 / NV'ld 3115 s4o04i4ojd nogo SunH vM Ji c 3�tz9 W o U o� N¢ ?w ce y A o o a x�Cw ti w � R4 W 090SSZ9-£1va1 9Nn s8n v *Hn :83NMO 99Li6 Vo W8 ONOrMa 'Id 301Sd01 [19 30N30IS38 ,SDNn 3Hl d03 T 3Sf10H AIIHd3 319NIS b 30 NO -00V � T 91 z� �I 2 I OS00 ►LS (9l9) -d 9006 YJ v"101O—fLS (9i9) I°1 l9{ N. 'GAYto Ya 'S ltS S NOIldA3l3 Sloa}tyojd nogD 6unH 0909SZ9-£lZ:lal ONn 'sm v 'a :83NMO 59[16 VO M ONOW a 'Id 301Sd01 (lS 30N3alS38 ,SoNn 3Hl H03 3snOH AlIWd3 310NIS V 30 NO—Oab City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 7.2 REPORT DATE: May 31, 2002 MEETING DATE: June 11, 2002 CASE/FILE NUMBER: Zone Change No. 2002-01 APPLICATION REQUEST: Consideration of a request to change the zoning of an existing commercial area. ZONE CHANGE AREA: Generally located south of the Pomona (60) Freeway on the west side of Diamond Bar Boulevard and including the commercial area on Gentle Springs Lane and the north side of Golden Springs Drive between Diamond Bar Boulevard and Prospectors Road. APPLICANT: City of Diamond Bar 21825 E. Copley Drive, Diamond Bar, CA 91789 BACKGROUND: The City of Diamond Bar is considering rezoning an existing commercial area generally located south of the Pomona (60) Freeway on the west side of Diamond Bar Boulevard and including the commercial area on Gentle Springs Lane and the north side of Golden Springs Drive between Diamond Bar Boulevard and Prospectors Road. The purpose of the proposed Zone Change is to further the City's economic goals. • General Plan Land Use Designation. ➢ General Commercial. - Areas that provide for regional, freeway -oriented, and/or community retail and service commercial uses. 1 • Current Zoning. Commercial Planned Development (CPD) - Utilize applicable Development Code standards for Neighborhood Commercial (C-1). ♦ C-1 zoning district is applied to areas appropriate for retail sales, offices and services serving the daily needs of nearby residents. • Development Code Table 2-6 (see attachments) lists land uses allowed in this zone. 0 This zone has the most limited number of permitted land uses, thereby allowing some retail uses, equipment rental, restaurants, financial institutions, offices -business and professional, personal services, specialized education and training schools, day-care centers, hotels and motels, religious and cultural facilities and libraries. Existing Uses Within the Shopping Centers. ➢ Diamond Bar Village Shopping Center (Approximately 9 acres/APN 81717-008-032, 033, 185 and 186). ♦ Existing uses within this shopping center conform to uses permitted in the C-1 and C-2 zones. 0 Exceptions - legal nonconforming uses. 0 Village Animal Hospital - only allowed in the C-3 and I zones. 0 Diamond Bar Washer Repair - only allowed in the I zone. 0 Exceptions - illegally established. 0 e PC - Network Gaining Center - currently not permitted in this zone and will not be permitted with the adoption of Development Code Amendment No. 2002-01. K -Mart Shopping Center ( Approximately 12.53 acres/APN 8717-008-005, 019, 027,028, 029 and 902). • Existing uses within this shopping center conform to uses permitted in the C-1 and C-2 zones. 0 Exceptions - legal nonconforming uses. 0 Auto Zone - only allowed in the C-2 and C-3 zones. 0 Penske Automotive — only allowed in the C-2, C-3 and I zones. • Existing Uses Within the Commercial Area North of Gentle Spring Lane (Approximately 6 acres/APN 8717-008-001,004,038,039 and 187). Existing uses within this commercial area of conform to uses permitted in the C-1 and C-2 zones (Diamond Bar Hotel, restaurant structure, Continental Burger, Diamond Palace, Carl's Jr. and Winston Tires). 0 Exception - legal nonconforming use. Winston Tires - only allowed in the C-2, C-3 and I zones. 2 • Generally Surrounding Zones and Uses. ➢ To the North. 0 Pomona (60) Freeway. ➢ To the South. 0 R -1 -15U -Condos 0 R-3-1 U - Lorbeer Jr. High School, Mt. Calvalry Lutheran Church/School 0 C- 2 — Von's, Sav-On, etc. 0 R -1-15U -Condos and Orange (57) Freeway. ANALYSIS: • Proposed Zoning to Consider. ➢ Community Commercial Zoning District (C-2) — for the area that includes Diamond Bar Village Shopping Center along Golden Springs Drive. 0 C-2 zoning district is applied to areas appropriate for a wide range of retail shopping and service uses, primarily intended to serve the needs of the Diamond Bar residents. 0 Development Code Table 2-6 (see attachments) lists land uses allowed in this zone. 0 This zone is less restrictive. It allows the same land uses as designated within the C-1 zone with the addition of health/fitness facilities, indoor amusement/entertainment facilities, theaters, clubs, lodges and private meeting halls, auto parts sales and plant nurseries and garden supply stores, and maintenance and minor repairs of vehicles, ambulance services, grocery stores, shopping centers, public and private schools, and small-scale recycling facilities. ➢ Regional Commercial Zoning District (C-3) — for the area that includes the K -Mart Shopping Center on Diamond Bar Boulevard to the Pomona Freeway. 0 C-3 zoning district is applied to areas appropriate for large-scale commercial uses serving residents and businesses within the region. 0 Development Code Table 2-6 (see attachments) lists land uses allowed in this zone. 0 This zone is less restrictive than the C-2 and allows for a wide range of land uses due to its large-scale regional description. 0 This zone allows for all uses describe in C-1 and C-2 plus community/cultural centers, indoor auto sales, building materials stores, certified farmers markets, mobile home and recreational vehicle sales, shopping centers, car washes, psychic readers, storage -indoor and outdoor, and major vehicle repair and bodywork, and a veterinarian clinics and animal hospitals. 3 • Consider Existing Uses within the Subject Area and Compare with Uses Allowed in the C-2 and C-3 Zones. ➢ Most existing uses conform to the allowed uses within the C-2 and C-3 zones. ➢ Most existing legal nonconforming uses will become conforming except for veterinarian hospital and Diamond Bar Washer Repair. Consider What Zoning Designation Would be Appropriate For the Subject Area. ➢ Staff is recommending: 0 C- 2 Zoning District for the area that includes the Diamond Bar Village Shopping Center on Golden Springs Drive. 0 C-3 Zoning District for the area that includes the K -Mart Shopping Center on Diamond Bar Boulevard to the Pomona Freeway and existing commercial area on Gentle Springs Lane. • Consider Existing Uses within Commercial Areas Across the Street and Surrounding the Subject Properties. ➢ C-2 and C-3 zones is compatible with the commercial areas across the street from the subject properties. ➢ C-2 and C-3 zones will legalize most legal nonconforming uses and permit ePC (computer network gaming center) with the processing of a Conditional Use Permit. ➢ C-2 and C-3 zones is compatible with the other surrounding uses because the uses within the C-2 and C-3 zones are intended to serve the needs of the Diamond Bar residents and surrounding area. Additionally, the C-2 zoning designation is not a significant enough change from existing uses to disrupt the residential condo use located behind the subject properties. C-2 and C-3 zones with its addition of a few more land uses will assist in generating sales tax dollars to further the City's economic goals. Additionally, C-3 zoning will allow warehouse retail sales, building materials stores and auto sales with a Conditional Use Permit which is appropriate located adjacent to the freeway so that Diamond Bar can capture its fair share of sales tax revenue that is now captured by other cities. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162 and 15168 (c)(2) and guidelines promulgated thereunder, the City has determined that the Zone Change No. 2002-01 is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified July 25, 1995. Therefore, further environmental review is not required because pursuant to Section 15162, no new effects will occur and no new mitigation measures would be required and the proposed zone change is found to be within the scope of the General Plan Program EIR. 4 NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and San Gabriel Vallev Tribune on May 30, 2002. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one - eight page display advertisement in the above mentioned newspapers of general circulation. Public hearing notices were mailed to approximately 11 property owners on May 28, 2002. Furthermore, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard — Oak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on May 29, 2002. RECOMMENDATIONS: Staff recommends that the Planning Commission adopt a resolution recommending approval to City Council of Zone Change No. 2002-01 which will modify the zoning as follows: ♦ C- 2 Zoning District for the area that includes the Diamond Bar Village Shopping Center on Golden Springs Drive; ♦ C-3 Zoning District for the area that includes the K -Mart Shopping Center on Diamond Bar Boulevard and to the Pomona Freeway and existing commercial area on Gentle Springs Lane. Prepared by: i An6 J. Lungu, Associate l4lanner Attachments: 1. Draft Resolution; 2. City Council Study Session Minutes date May 7, 2002; 3. General Plan Land Use Map; 4. Zoning Map; 5. Table 2 -6 -Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts; 6 Aerial; and 7. Business Portfolio for Diamond Bar Village and Kmart Shopping Centers. PLANNING COMMISSION 14P RESOLUTION NO. 2002 -XX IA�* A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE NO. 2002-01. A. RECITALS. 1. The City of Diamond Bar has initiated an application for Zone Change No. 2002-01 for an existing commercial area generally located south of the Pomona (60) Freeway on the west side of Diamond Bar Boulevard and including the commercial area on Gentle Springs Lane and the north side of Golden Springs Drive between Diamond Bar Boulevard and Prospectors Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application". 2. The Community and Development Services Department has determined that the following existing zoning within the Zoning Map and Development Code requires a zoning designation change in order to implement the General Plan and further the City's economic goals and policies. 3. Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on May 30, 2002. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. Public hearing notices were mailed to approximately 11 property owners on May 28, 2002. Furthermore, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard - Oak Tree Lanes, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on February 28, 2002. 4. The Planning Commission of the City of Diamond Bar on June 11, 2002 conducted a duly noticed public hearing on the Application. 5. On June 11, 2002, the Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that the Zone Change No. 2002-01 attached hereto as Exhibit "A" implements the General Plan and the City's economic goals and policies. The Planning Commission at that time concluded the public hearing. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15162 and 15168 (c)(2) and guidelines promulgated thereunder, the City has determined that the Zone Change No. 2002-01 is consistent with the previously certified General Plan Program Environmental Impact Report and Addendum certified July 25, 1995. Therefore, further environmental review is not required. 3. 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. 4. Based on the finding and conclusions set forth herein, this Planning Commission hereby finds and recommends as follows: (a) The City Council adopt Zone Change No. 2002-01 attached hereto as delineated on the City's Zoning Map identified as Exhibit "A" and incorporated herein by reference: (1) That the existing commercial area located on the north side of Golden Springs Drive between Diamond Bar Boulevard and Prospectors Road shall be zoned Community Commercial (C-2); and (2) That the existing commercial area located south of the Pomona (60) Freeway on the west side of Diamond Bar Boulevard and including the commercial area on Gentle Springs Lane shall be zoned Regional Commercial (C-3). The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council forthwith. APPROVED AND ADOPTED THIS 11TH OF JUNE 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ruzicka, Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly iintroduced, passed, and adopted by the Planning Commission of the City of • Diamond Bar, at a regular meeting of the Planning Commission held on the 11 th day of June 2002, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: James DeStefano, Secretary 3 Commercial/Industrial Zoning Districts 22.10 TABLE 2-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAIJINDUSTRIAL ZONING DISTRICTS (Continued) LiAND USE (I) PERI►IITREQUIREmEWT'BYDI5mcr Ser standard SERVICE USES s Ambulance services in Section: p P P Automated teller machines (ATMs) p p p Banks and financial services P i P P Bed and breakfast inns CUP, CUP Business support services p p P Car wash CUP CUP Child day care centers CUP CUP CUP Z2.42.040 Drive-in and drive-through services CUP CUP CUP Equipment rental (construction equipment, etc) I CUP CUP CUP 2242050 Hotels and motels P P P Medical services - Clinics and labs P P P Medical services - Hospitals CUP i CUP CUP Offices - accessory to primary use P 1 P I P Offices - business and professional p p P Personal services P P p Personal services - acupressure, massage therapy, tattoo CUP CUP CUP parlors Psvchic readers CUP CUP Public safety facilities p P P P Public utility facilities P P P Repair services P iI P Service stations P P P iP Storage, outdoor I P I P I 22.42.090 Storage, indoor P P Vehicle services - Maintenance/minor repair p p P Vehicle services - Major repair/body work Veterinary clinics and animal hospitals CUP P � r TRANSPORTATION & COMMUNICATIONS USES C-1 C-2 C-3 [ See standards T4.1; ----in Section: Parking facilities/vehicle storage --- Utility lines CUP CUP P P P p Telecommunications facilities (3) Transit stations and terminals I 22.42.130 -------------- p Vehicle and freight terminals CLIP CUP KEY TO PERMrr REATTrRTrLTrwrrc svmbof Permit Re uirement Procedme.is ;: P Permitted useZoningClearance erred. (2) m MUP Conditional use, Minor Use Permit required. (2) 22.46 22.56 CUP Conditional use, Conditional Use Permit required. (2) Use not allowed (See Section 22.04.020.H 7eAarding uses not listed) 2258 Notes (1) See Article VI for definitions of each of the land uses listed. (2) See Chapter 22.48 for Development Review requirements for all uses. (3) Telecommunications facilities shall be permitted pursuant to the standards contained within Ordinance No. 4-A (1997) Diamond Bas Development Code November 3,1998 Article II - Zoning Districts II -22 Commercial/Industrial Zoning Districts TABLE 2-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAUINDUSTRIAL ZONING DISTRICTS (Continued) 22.10 3 AND iTSE : i1.) PERPMF;REQUIIt£MEI T BYDISMCI See standards V V"r A n TR AT1r7 T TCFC C-7 C-2 C-3 1 in C.e•44—*. Alcoholic beverage sales, off-site (3) P P P Alcoholic beverage sales, on-site MUP MUP MUP Art, antique, collectable, and gift sales P P P Auto and vehicle sales/rental CUP Auto parts sales P P Auto sales, indoor only P Bakery, retail P P P Bars and night clubs I CUP CUP CUP Building material stores I P Certified farmers market P Convenience stores P P P P Drive-in and drive-through sales CUP CUP CUP Fueling stations, gasoline, diesel, and electric only P P P P Furniture, fumMings, and appliance stores P P General retail stores P P P Grocery stores ' P P Mobile home and recreational vel -tide sales P Outdoor retail sales and activities P P 2242.080 Pet shops P P j P Plant nurseries and garden supply stores P P Restaurants P P P Restaurants with outdoor dining MUP MUP MUP Second hand stores P P Shopping center CUP CUP Warehouse retail stores CUP KEY "IV YtrKMlr KC U1KENiCiV 1, Symbol i Permit t iII Cha P Permitted use, Zoning Clearance requued. (2) 22.46 MUP Conditional use, Mirror Use Permit required. (2) 2256 . CUP Conditional use, Conditional Use Permit required. (2) 2258 Notes: (1) See Article VI for definitions of each of the land uses listed. (2) See Chapter 22.48 for Development Review requirements for all uses. (3) Shall be a minimum of 150' from any school. Continued on next page Diamond Bar Development Code Article II - Zoning Districts November 3,1998 I1-21 Commercial/Industrial Zoning Districts 22.10 TABLE 2-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAIANDUSTRIAL ZONING DISTRICTS (Continued) LAND IiSE4I) PERMIT REQUIREMENT BY DLSTitICT See standards RECREATION, EDUCATION & PUBLIC ASSEMBLY C-1 C-2 C-3 I in Section: USES Adult oriented businesses P 2242020 Clubs, lodges, and private meeting halls CUP Cup Comm i /cultural centers j ! cup Cultural facilities, libraries and museums P P P Health/fitness,facilities CUP cup Indoor amusement/entertainment facilities I app Outdoor recreation CUP R ous places of worshipCup CUP CUP CUP Schools - Public and private P P Schools - Spenalized education and trav=g P P p p Studios - Art, dance, music, photography, etc CUP I CUP CUP Theaters, auditoriums, meeting halls CUP CUP 1CCr lU YCKAU1 KhQUUUMIENTS Notes: (1) See Article VI for definitions of each of the land uses listed. (2) See Chapter 22.48 for Development Review requirements for all uses. Continued on next page Diamond Bar Development Code Article II -Zoning Districts November 3,1998 II -20 Commercial/Industrial Zoning Districts TABLE 2-6 - ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS 2210 3 �.ti$E (1) PERi►+Jl'C AEQUIILQ 4EW SY DLS3 UCT See standards AAAM1 Fer-rrtvTwr_ I- Ptru-Fgcnvr: r_1 r.? r_: t :., Chemical product manufacturing CUP Electronics, appliance, and equipment manufacturing P Fabric product manufactiinng P Food and beverage manufachirmg P Furniture and fixtures manufacturing, cabinet shops P Glass producimanufa P Handcraft mdustries P Laundries and dry cleaning plants CUP Lumber and wood product mnufacturing manufacturing P Metal products fabrication, machine/welding shops P Pa r product manufacturingP Plastics and rubber product manufacturing I P Printing and publishingI p Recycling - Reverse vending machines P P P Recycling - Small collection facility P j P P Research and development (R&D) I P Small scale manufactunng P Warehousing, wholesaling and distribution P K1:Y 1 U rbKMil xtV U1KbMr.N 1 b Prooednee is Symbol PermiiRegni=eaterrt � <ia(lugter: P Permitted use, Zoning Clearance required. (2) 72,46 MUP I Conditional use, Minor Use Permit required. (2) 1 22.55 CUP i Conditional use, Conditional Use Permit required. (2) 2258 Notes: (1) See Article VI for definitions of each of the land uses listed. (2) See Chapter 22.48 for Development Review requirements for all uses. Continued on next page Diamond Bar Development Code Article H - Zoning Districts November 3,1998 ❑-19 IjE:;[Si1jE A 1 o y I i WT-d-VPrr77 q WINDOWS 95198120001M?'V at Diamond Bar Boulevard Just minutes from the Pomona (60) Freeway, the Diamond Bar Village Center offers superb accessibility from its location at the southeast intersection of Golden Springs Drive and Diamond Bar Boulevard. r -k M I 23419 I 23415 23413 23351 I 23411 23017 ^3i9 x1409 X351I 214 A �37. 23471 z�3s1 214G1 I Sire 9awrnq nor m sc k- Contact Information Southland Property Management Steve Porretta (818( 563-4981 4)4 7wDM'1 gear a 9,171 Z4 C.d For more information regarding site availability, call the City of Diamond Bar * 909396-5676 • 1 -888 -777 -CRY Golden Springs Drive Store listings c.dp Unit Square Feet Comments - —Unit Square Feet Comments 23351 N/A Peacock Gardens Resraurant 23447 WA Promaster 23353 N/A Milan Jewelers 23449 WA Sheriffs Service Center 23355 N/A AVAILABLE 23453 WA Allstate 23359 N/A AVAILABLE 23455 WA Income Tax/Bkpng 23361 N/A Arooj Collection Clothing 23457 WA Omni Real Estate 23363 N/A AVAILABLE 23459 N/A Escrow 23365 N/A AVAILABLE 23463 N/A Village Liquor 23367-69 N/A ACI Institute 23471 WA AVAILABLE 23371 N/A India Sweets S Snacks 23473 WA AVAILABLE 23375 N/A Coin Laundry 23415 WA James Shoe Repair 23377 N/A India Emporium Video 23487 WA Baldwin Real Estate 23379-81 N/A Village Animal Hospital 325 WA Baskin-Robbins 23383 N/A AVAILABLE 327 WA Rose Donuts 23385 N/A Aljibami Halal Market 329 WA Jolly Bagel Restaurant 23391 N/A Mandarin Taste Restaurant 333 N/A AVAILABLE 23407 N/A AVAILABLE 335 N/A AVAILABLE 23409 N/A AVAILABLE 341 WA Red Dragon Karate 23411 N/A AVAILABLE 347 WA Sheer Artistry 23413 N/A AVAILABLE 349 N/A AVAILABLE 23415 N/A Thai 980 Restaurant 351 N/A AVAILABLE 23417 N/A Foto Express 355 N/A AVAILABLE 23419 N/A AVAILABLE 357 N/A AVAILABLE 23431 N/A Montessori Academy 361 WA AVAILABLE 23435 N/A Diamond Bar Washer Repair 363 WA AVAILABLE 23437 N/A Heritage Tailor 365 WA Taxperts 23441 N/A Cyclone Private Postal Boxes 367 WA AVAILABLE 23443 N/A AVAILABLE 379 WA East-West Bank 23445 N/A AVAILABLE A N/A Insurance B N/A ePC Club For more Information regarding site availability, call the City of Diamond Bar • 909-396-5676 ♦ 1 -888 -777 -CRY 24y-3 J 5 ulamond Bar Boulevard, Diamond Bar The K -Mart Center, located on busy Diamond Bar Boulevard, attracts both local customers and commuters traveling the Orange (57) and Pomona (60) freeways. Merchants enjoy excellent visibility, easy access, and spacious parking. Store Listinos Unit Square Feet CommentsUnit 205 5,610 McDonald's 249 305,820 Big K -Mart 303-A1 1,518 Fantastic Sam's 303-A2 1,320 Flowers Are Us 303-B 1,320 DB/Walnut Dental 303-C 1,320 Star Nails 303-E/F 2,640 New India Sweets 303-G 1,320 Papa G's L ,WL. O ?i Unit Square Feet Comments 303-H 1,980 Red Wing Shoes 303-J 1,980 Dmnd Crest Cleaners 303-K 7,200 Kens Ace Hardware 303-L 5,000 AutoZone 303-M 3,000 Payless Shoes 315-A 3,200 Superior Education 315-8 1,600 Masumi Japanese Res. 315-C 3,056 Video Box For more Information regarding site availability, call the City of Diamond Bar • 909-396-5676 • 1-888-777-C(TY .OD9£ .0081 0 alms 61 SZ Alnf - CaWo(ly LAJ 2[sn QuVrl "Id gv'HaNao DuV 1001601033 1uD0111u61S e3uanllul l0 aJa4dS AJopueoe AILD .AV DaJryl Buluuold Wd (are o'i IoIJI:nPul 14611 1 dS ADIJOAO uold all!aadS (caJ50 S/nP I 'xDw) •JnllnalJ6Y OV uolloaJoaa aIDA!Jd ad 'xow) , aaodS undo So 'x0W) Allsuao , asmoo 1109 99 'xDW) VDd Ad -tow) , Ioo40S S uNrM 3ONVW , Allllaoe allgnd ed 'xDW) (are o'i IoIJI:nPul 14611 1 'xow) (are O'l 9011;0 lDuolsseloJd do 'Xow) (are O'I O3!11o/1013JOww03 09 'xow) , (are 0.1 IDIOJOWW03 IDJOOOO 9 'x0W) Allsuao , (aJOD/nP OZ 101luaplsaa 451H Ha 'xDW) (OJOD/np 91 lolluaplaa Allsua0 461H WnIP41 HHa -tow) , (aJoo/np ZI lollusplsaa A;Isuea wnlPall Ila -tow) , (DJaD/np S Iollusplssa wnlpap—Akol (110 'tow) Allsuso (aJoo/np f lollusplsaa rol la (aJ3o/np 1 -tow) iollueplsea IoJna as sI I1H ouiy3 SO /11!3 Lz ot%4 �� cri) Area of Proposed Zone Channa *-+ Su A-2 ox a z kx -0 -z °.ZZ 0 3 c � a n a o � 0 N g 8 N g N S y C9 0 o U o 0 -o p n d � O a b pNp OO n to O 0 N N O 00 tA LA o r v z w C c M m Znoa m o o o :z Q � n r r�oo r z tnM�° cin b n b -33z z An ►� I" on v� p -n N =�d �o w z° ?° �z rz o� oro 04 N am am n � z � ox a z kx -0 -z 0 3 c � a o z 0 0 c -o p n d � O a b pNp OO n to o 0 o zacz v C c M m Znoa m o o o :z Q z ° n r r�oo tnM�° D i� n -33z z An on N w o N o� N Cj m 3 O n 0 ' Z = Z = Z 3= Oo C1 0 3 y 07 C a r -D- co o ry n o 0 Z w —ro d to Z m� roa ma N CO po' cn w m Z m Z w Cr1 y o w m A z CD coCm. a ".gy�c� 3•v �.d 3.d 9@ b B g ro a 0 �. �. 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Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar, Community and Development Services eting Department. On June 6, 2002, beheld on June 11h2002ted a coy of te � at each ofce for the Rthe followeing lof the cations: Diamond Bar Planning Commission, to South Coast Quality Management Heritage Park District Auditorium 2900 Brea Canyon Road 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on June 10, 2002, at Diamond Bar, California. Stella Marquez Community and Development Services Dept. g:Uaffidavi tposting.doc