HomeMy WebLinkAbout1/13/1992AGENDA
MY OF DIAMOND BAR PLANNING COMMISSION
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
BOARD MEETING ROOM,
21865 E. COPLEY DRIVE
DIAMOND BAR, CA 91765
January 13, 1992
CALL TO ORDER: 7:00 pm
PLEDGE OF ALLEGIANCE:
ROLL CALL:. COMMISSIONERS: Chairman Grothe, Vice Chairman
MacBride, Harmiony, Schey, Flamenbaum
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. Generally, items to be discussed
are those which do not appear on this agenda.
1. MINUTES: Minutes of December 9, 1991.
2. OLD BUSINESS: Traffic & Transportation Commission/
Planning Commission relationship
3. NEW BUSINESS: None
CONTINUED PUBLIC HEARINGS:
4.. Conditional Use Permit No. 90-70
A request to amend Conditional Use Permit No. 90-70 granted
August 27, 1990. The applicant -is submitting a request to
permit a nightclub with live- entertainment within the
previously approved 9000 square foot restaurant. The
project is located in Gateway Corporate Center at 21671 E.
Gateway Center Drive on a 2.4 acre site.
Applicant:.Dr. Omar
Environmental Determination: Mitigated Negative Declaration
J.
5. Zoning Code Amendment No. 91-5
A City initiated request to amend certain provisions of the
Los Angeles County Code, as heretofore adopted by the City
of Diamond Bar, pertaining to Tree preservation.
The applicant is the City of Diamond Bar.
Environmental Determination: Categorically Exempt
6. Development Review No. 91-4 and Conditional Use Permit No.
91-13
A request for a tenant improvement with exterior changes for
K -Mart located at 249 So. Diamond Bar Blvd. in a CPD zone.
Applicant: K -Mart Corporation
Environmental Determination: Categorically Exempt
7. Tentative Tract Map No. 50519 / Development Review No. 91-2
Development Agreement No. 91-2.
A request for approval to subdivide a 2.3 acre site into six
(6) lots and 80 ,condominium units in a complex designed with
underground parking structures. The complex is designed with
f ive (5) three story- structures containing 16 units per
building. The Development Agreement is required for the
construction of condominiums and structures in excess of two
(2) floors in a C-1 zone. The Development Review applica-
tion is required for all new commercial and
d multi -family
residential construction. The project is located near the
northwest corner of Torito Lane and Golden Springs Road. The
existing zoning is C-1.
Applicant is Diamond Development Co., A California Limited
Partnership. '
Environmental Determination: Mitigated Negative Declaration
PUBLIC HEARINGS:
8.. Development Review No. 91-3
A request for approval of a Goodyear Auto Service Center
building to be.,located in the Country Hills-Towne'Center at
the corner of Fountain Springs and Diamond Bar Blvd. The
proposed service center is located on Pad No. 14 in the
northeast section of the center adjacent to the Krikorian
Theater. The request seeks architectural approval for a one
floor 5080 square foot building with service bays. The
existing zoning is C-1 and the Center operates under
Conditional Use Permit 87-002 and. will not change as a part
of this request.
The applicant is The Wolff Company
Environmental Determination: Negative Declaration
.9. Conditional Use Permit No. 91-12 and Development Review No.
91-5
A request for a Conditional Use Permit No. 91-12 and
Development Review No. 91-5 which is for a SpeeDee Oil
Change and Tune -Up offering services for lubrication, tune-
up, smog testing & services incidental thereto. Applicant
is also requesting to amend CUP 87-002 for the use of pad
No. 15 from a 10,000 sq. ft. restaurant pad to a 5,000 sq,
ft, drive-through restaurant pad and a 5,000 sq. ft. retail
pad. Location is the Country Hills Towne Center - the
Northwest Corner of Diamond Bar Blvd. and Cold Springs Lane
in a C-1 Zone.
The applicant is the Wolff Company
Environmental Determination: Mitigated Ne4ative Declaration
10. Zoning Code Amendment No. 92-1
A City initiated request to add a new Chapter 22.76 to the
Los Angeles County Code pertaining to admission charge
parties in residential zones.
The -applicant is the City of Diamond Bar
Environmental I Determination: Exempt- pursuant to Section
15061(b)(3) of Division 6 of Title 14 of the California Code
of regulations.
11. INFORMATIONAL ITEMS:
council/commission workshop - March 24, 1992
Planners Institute April 9-11, 1992
12. ANNOUNCEMENTS:
Staf f
Plan ning Commissioners
13. ADJOURNMENT: January 27, 1991
. CITY OF DIAMOND BAR
MINUTES OF THE PLANNING COMMISSION
DECEMBER 91 1991
CALL TO ORDER: Chairman Grothe called the meeting to order at
7:07 p.m. in the South Coast Air Quality
Management District Board Meeting Room, 21865 E.
Copley Drive, Diamond Bar, California.
PLEDGE OF .
ALLEGIANCE:
The audience was led in the Pledge of Allegiance
by Mr. Blum.
ROLL CALL: commissioner Harmony, Commissioner Flamenbaum,
Vice Chairman MacBride, and Chairman Grothe.
Commissioner Schey arrived at 7:45 p.m.
Also present were Community Director James,
DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lungu, Deputy City
Attorney Bill Curley, and Contract Secretary Liz
Myers.
MATTERS FROM Dan Buffington, residing at 2605 Indian Creek,
THE AUDIENCE: welcomed Commissioner Bruce Flamenbaum to the
Planning commission.
The commission also welcomed commissioner
Flamenbaum.
MINUTES: C/Harmony requested that the minutes be amended on
page 11 to delete paragraph 6 & 7; and page 13 to
Oct. 28, 1991 add to' paragraph 6, "...and inquired as to what
action to take to ensure the protection of the
heritage oaks on the western boundaries.".
VC/MacBride requested that the minutes be amended
on page 7, third paragraph, to read a 25%
maximum grade."
Motion was made by VC/MacBride, seconded by
C/Harmony and CARRIED to approve the Minutes of
October 28, 1991, as amended. C/Flamenbaum
abstained.
Nov. 25, 1991 C/Harmony requested that the minutes be amended on
page 8, last paragraph, to indicate the "present"
staff.
December 9, 1991 Page 2
VC/MacBride requested that the minutes be amended
on page 7, third paragraph, to clarify irrevocable
offer "to dedicate" .
Motion was made by VC/MacBride, seconded by
C/Harmony and CARRIED to approve the Minutes of
November 25, 1991, as amended. C/Flamenbaum
abstained.
CONTINUED CD/DeStef ano addressed the Commission regarding
PUBLIC HEARING: the application for Tentative Parcel Map NO.
22102, to subdivide an existing 4.39 acre parcel,
TT Parcel Map located at 1575 S. Valley Vista Drive in the
#22102 Gateway Corporate Center, into (2) parcels. The
site currently contains a two story office
building. The Planning Commission had approved
the tentative parcel map, with conditions, on
September 10, 1990. However, in reviewing the
conditions, staff found inconsistencies and, along
with the applicant, wish to resolve them. At this
hearing, staff and the applicant wish, to present
the same map with a list of new conditions. It is
recommended that the Planning Commission adopt
Resolution 91 -XX recommending approval to the City
Council for Tentative Parcel Map NO. 22102, with
Findings of Fact, the Mitigated Negative
Declaration, and listed conditions.
C/Flamenbaum, noting that there is about 100 feet
of sidewalk missing from the indicated parcel,
inquired if it would be appropriate to amend
condition #17 to specify that the curb, gutter,
sidewalk, or pavement must be repaired, and
installed where needed.
CD/DeStefano stated that, should the commission
desire, it would be appropriate to add a new
condition to indicate that the applicant shall
install a sidewalk. However, since the sidewalk
is requiredto be installed when the development
takes place, it would be appropriate to add the
condition when the project comes in for Planning
Commission review.
Chair/Grothe stated that, to his understanding of
the unilateral contract with the Gateway Corporate
Center, parcels meeting their guidelines do not
December 9, 1991 Page 3
have to
o come before the Planning Commission for
approval.
CD/DeStefano indicated that, to his recollection,
the City Council accepted the * unilateral contract,
with a clause within the Resolution of the Council
stating that the projects had to go through the
City's review process.
Chair/Grothe suggested that staff determine if
there is such a clause, and if not, a provision
should be added that the remainder parcel shall
come under the Development Review of the City.
The Public Hearing was declared opened.
Charles Blum, president of Specialty Equipment
Market Association, representing the applicant,
stated that they desire to subdivide the parcel
with the objective of selling that parcel of land
in the future. He indicated that they have no
qualms with staff's Exhibit IIBII as part of the
Resolution, or to an additional condition of
completing a sidewalk.,
CD/DeStef ano stated that condition #3 should be
deleted because Gateway Corporate center is
already a participant in Lighting and Landscaping
District #38.
The Public Hearing was declared closed.
DCA/Curley recommended the following changes to
the Resolution: correct all recited dates of
November 25, 1991, as the hearing date, to
December 9, 1991; add the wording "Recommends that
the City Council find...", to finding #2 of the
Resolution; add the wording "Recommendation that
the City Council find..." to finding #3 of the
Resolution; delete findings 5. (h) , (i) and (j) of
the Resolution; delete finding #6 of the
Resolution; and add to (b) , of The Planning
commission secretary shall:, wording "...transmit
to the City Clerk for agendizing on the Council's
agenda...".
December 9, 1991 Page 4
CD/DeStef a -no stated that, if -the Commission so
agrees, it would be appropriate to add a condition
#24 stating that the future development 'of the
remainder parcel shall be subject to the City's
Development Review process, to be in accordance to
the City Council's Development Review Resolution
#5-1990.
C/Harmony indicated that, as a general policy, he
has a predilection against approving plans for lot
split purposes without a development plan
accompanying it. However, since the application
was previously approved, and the Gateway
Corporate Center has a very heavy emphasis on
architectural review, he is inclined to approve
the Resolution.
Motion was made by C/Flamenbaum, seconded by
VC/MacBride and CARRIED UNANIMOUSLY to approve the
Resolution as recommended by staff, with the
amendments recommended by the City Attorney, and
with the addition of condition #24.
CUP 90-70 AP/Searcy addressed the Commission regarding the
request to permit a nightclub, with live
entertainment, within the previously approved
restaurant located in the Gateway Corporate Center
at 21671 E. Gateway Center Drive. The commission
had previously granted a continuance to the
December 9, 1991 hearing so that additional
comments could be received from responding
agencies, and research of other jurisdictions
could be completed. At the time of this report,
the requested information has not been acquired,
nor has the applicant specified who will be the
restauranteur. Staff recommended that the
Commission direct staff to, table the project,
complete the review of other cities, and bring the
project back to the Commission at the conclusion
of the research, and re -notice of the requested
action.
DCA/Curley recommended that the Commission may
prefer continuing the matter to a date certain, as
opposed to tabling the matter, with direction to
the applicant that the requested information must
be submitted to staff, in a timely manner to allow
December 9, 1991 Page 5
for processing, or the project would be denied
without prejudice.
C/Schey arrived at the meeting at 7:45 p.m..
Motion was made by C/Harmony, seconded by
VC/MacBride and CARRIED to continue the matter to
the January 13th meeting, with notice to the
applicant that unless there's further information
forthcoming, the Commission will entertain denial.
C/Schey abstained.
Development AP/Searcy addressed the commission regarding the
Review 91-3 request for approval of a Goodyear Auto Service
Center building to be located in the Country Hills
Towne Center. The applicant has not been able to
provide the information needed in order to conduct
the public hearing. As a result, staff
recommended that the commission continue the
hearing to the January 13th meeting.
In response to C/Schey's inquiry, AP/Searcy stated
that, basically, all the essential components of
the application needs be provided, such as the
elevation which would delineate the square footage
of the structure, the height of the structure, and
the materials board. The information was
submitted with the application originally,
however, they have been revised by the applicant
and never resubmitted.
C/Harmony indicated to staff that he would be
interested in seeing how the service bays face the
shopping center, and it's appearance to the rest
of the center, looking on the project.
Chair/Grothe concurred with the request.
The Public Hearing was declared open.
The Public Hearing was declared closed.
C/Schey, concerned with the number of continuances
requested, suggested that the applicant be given a
deadline for getting the information to staff.
CD/DeStefano suggested that, rather than set a
specific deadline, staff will work with the
applicant to make sure the materials arrive on
December 9, 1991 Page 6
time,--and--convey the :concerns --of the Planning
Commission towards resolving this case.
C/Flamenbaum inquired if the Commis * sion could
create a policy indicating that, barring good
'reason, one continuance is all an applicant can
request.
DCA/Curley responded that, . if desired, the
Commission could establish a generic policy giving
general direction to staff to convey to the
applicants that the Commission frowns on extensive
continuances. However, the establishment of a
definite policy is problematic given the
circumstances that can result in development.
Motion was made by C/Flamenbaum, seconded by
VC/MacBride and CARRIED UNANIMOUSLY to continue
the matter to the January 13th meeting, with the
understanding that the requested information is to
be ready for review substantively before the
January 13th date, or the application will be
considered for denial. .
PUBLIC HEARING: PT/Lungu reported that the Commission, at the
October 14th meeting, directed staff to have the
Zoning Code draft tree preservation ordinance reformatted for
Amendment 91-5 the December 9th meeting. Staff recommended that
the Commission adopt a Resolution recommending
that the city Council approve the Tree
Preservation ordinance.
VC/MacBride, concerned that a situation may arise
whereas a developer may choose to pay the fine for
destroying a forest of trees rather.than hold up
development, requested that there be definitive
language in the ordinance indicating that there is
an enormous penalty for such a situation. The
intent of such language would be to influence the
developers to think long and hard before cutting
down a forest of trees.
C/Flamenbaum noted that section 5, of the
ordinance, under, Tagging, already indicates that
the City would have a Civil right to sue for
abatement of a nuisance, and damages that result.
December 9, 1991 Page 7
C/Harmony, concurring with VC/MacBride, stated
that additional language, emphasizing the desires
of the Commission, helps establish policy for
future administrations and city attorneys to
pursue these cases when they happen.
DCA/Curley stated that provisions in nuisance
abatement type ordinance is already structured, in
essence, to say: "The City Attorney's office is
hereby* directed to institute proceedings."
Wording to the effect, 11. . ' . and shall seek to
obtain remedial measures, including restitution or
tree replacement. 11, could be added to the
provision and could be appropriately placed in
Section 5, of the ordinance, to amplify the
intent. However, the overall legal impact may not
be effective .He reminded the Commission that,
procedurally, the Council must first authorize,
and direct any and all -litigation to proceed.
suggested, and DCA/Curley concurred, that
it may be more appropriate to place a policy
statement, in the beginning of the Ordinance,
under the Purpose and Intent Section, indicating
that it is the intent of the City to preserve
these trees, and we will pursue to the greatest
extent.
VC/MacBride, in reference to the tree guidelines
manual, inquired if a statement could be
incorporated into the ordinance stating that each
applicant, under this section, shall be furnished,
by the City, with a copy of the guidelines.
DCA/Curley stated that, since the City does not
have certified arborists that can examine each
individual tree and give instructions..as to it's
proper care, it -is strongly advised that these
guidelines are eliminated to avoid future.
potential liability.
C/Schey inquired if it is the City Attorney's
recommendation that the City leave the care and
feeding of the trees as the responsibility of the
owners, or responsible party, to keep them alive.
The City would then intervene if the trees should
die. DCA/Curley concurred.
December 9, 1991 Page 8
Chair/Grothe questioned
why_ a. disclaimer could not
be placed in the ordinance, stating that the
guidelines is just information gathered to help in
caring for a tree, and is not the full direction
of the City.
CD/DeStefano suggested that the Commission may opt
to send the guidelines to the City Council, with
the understanding of the City Attorney's office's
concerns, and including the Commission's comments,
but ultimately letting the City council decide
whether or not the guidelines are an appropriate
attachment to the ordinance. The Commission
concurred.
C/Schey, concerned with section 22.56.2080
Definition (J) of the ordinance, stated that, to
his recollectiont it was the Commission's intent
to establish an ordinance that preserves all Oak,
Sycamore, Walnut, and Pepper trees, regardless of
size. There seems to be an inconsistency.
Chair/Grothe stated that he was under the
impression that there would be a provision
exempting residential homeowners from the
preservation provision.
CD/DeStefano reminded the Commission that they had
developed the criteria for the size of the tree
appropriate for preservation, after discussion on
the matrix presented by staff, which included
information as to what some other cities in the
immediate area were doing.
The Public Hearing was declared open.
Don Schad made the following comments: There are
other significant trees -based upon size and
heritage, other - than the four 'indicated trees,
that should be considered for preservation; the
height a ' nd circumference limit is bearable as
stated in the Definition section (J) . 1, but he
suggested adding the word "dominance" after the
word "survival" to (J)3., page 3; a relocated tree
should be given the same care and consideration as
abrand new tree; there is nota specific chart on
tree sizes; and pages 1 through 11, of the
December 9, 1991 Page 9
ordinance, does not identify dimensional sizes for
tree replacement.
The Public Hearing was declared closed.
Chair/Grothe stated that he was under the
impression that the draft tree ordinance referred
to a chart of sizes and quantities regarding tree
replacement.
DCA/Curley suggested that there should be
flexibility on tree replacement ratios because
site sizes may vary, and the trees may or may not
fit as directed. The replacement ratio is
currently at the Director's discretion, so that he
may analyze the site and either determine the
rational replacement ratio, or refer it to the
Commission.
C/Flamenbaum suggested 'that section 22.56.2160
Tree Replacement Standards item A, should read,
11... on the basis of the Tree Report.".
ChairlGrothe stated that he would prefer the
ordinance to include specific replacement
quantities or sizes so that when the developer
pulls a permit he is immediately made aware of the
guidelines he must follow.
C/Schey stated his concern that, the way the
ordinance is written, all tree removal permits
would come before the Director and would not come
before the Commission unless it is under appeal.
CD/DeStefano recommended that, in order to clarify
that the Planning Commission should review not
only the tree removal, but all other environmental
aspects of a project at the time that they are
reviewing the specific project, subsection E.
should be added to section 22.56.2100 Permit
Required, stating that, "The Director, in his/or
her discretion, shall refer the decision to the
Planning Commission in the event that such
application is in conjunction with the
discretionary approval over which the Planning
Commission has jurisdiction.".
December 9, 1991 Page 10
.,C/Schey,. regarding --the drafting of the tree
report, noted that a situation could arise whereas
the impartiality of the arborist could be
questioned. He suggested that the arborist be
employed by the City to ensure that he/she has the
City's, and the tree's, best interest at heart.
DCA/Curley concurred that the present structure of
the ordinance looks to the applicant to employ the
arborist. It could be modified whereas the
applicant up fronts the cost, and the City would
then employ the arborist who would analyze the
situation impartially.
C/Harmony noted that there is no provision in the
ordinance protecting heritage trees that are
significant because of size, age, or historical
event, other than the four trees indicated.
DCA/Curley suggested that the Commission may
consider separating cultural significant
attributes, versus the broader environmental
significance, and designating those attributes
within a separate culturally significant
ordinance.
CD/DeStefano indicated that, at this point and
time, staff needs specific direction from the
Commission as to how the Commission wishes staff
to proceed on this issue. It is difficult for
staff to determine historical events recognized by
the City.
C/Harmony stated that the historical value can be
certified by the Planning Commission and/or the
City Council, or the historical committee being
formed. He would like heritage trees protected in
the ordinance.
C/Flamenbaum suggested that the ordinance be
approved, with the recommendations and corrections
made. If the Commission desires historical items
to be preserved, then a separate ordinance should
be created. The Commission concurred.
C/Harmony. stated, for the record, omitting
reference to heritage trees, within the tree
December 91 1991 Page 11
ordinance, limits the scope of the ordinance, and
is therefore, not a complete ordinance that way.
C/Harmony, referring to the civil remedies,
section 22.56.2180 Tagging subsection S., stated
that it is not clear what kind of civil remedy the
City would receive if the developer destroyed, for
example, a 600 year old tree. There should be a
clearly stated penalty that the developer will be
responsible for replacing the tree, and that a
neutral arbitrator will be utilized to appraise
the tree, if needed.
DCA/Curley recommended that the wording of
subsection E not be altered. The provision gives
full flexibility to pursue whatever remedy is
.deemed appropriate by the City Council. it is
understood that the City would seek replacement or
replacement costs.
CD/DeStefano suggested that the Chair may wish to
appoint a sub -committee, of the commission, to
work out the specific details and assist staff in
bringing the matter back to the full Commission in
January of 1992.
C/Schey recommended that the subcommittee limit
their discussion on the following two issues that
remain unresolved: the delineations of the
penalties; and the minimum replacement standard.
C/Schey and VC/MacBridd volunteered to be on the
subcommittee.
C/Schey recommended that the matter be continued
to January 13th, with the subcommittee working
with staff to reconcile these matters, and
bringing it back to the Commission in final form
on that date. The Commission concurred.
VC/MacBride requested staff to appropriately
revise section 22.56.2090 Exemptions subsection D.
so that it is more clearly stated.
Chair/Grothe called a recess at 9:35 p.m. The
meeting was called back to order at 9:44 p.m.
C/Flamenbaum suggested that the Commission
recommend to the City Council to consider the
December 9, 1991 Page 12
.-establi.shment--of an ordinance taking into account
all historical items within the City confines.
The commission concurred.
Development CD/DeStefano addressed the Commission regarding
Review 91-4 the request, by the applicant, K -Mart, for a
tenant improvement with exterior changes. The
Commercial Plan Development, CPD zone, that the
project is located within, requires a CUP for all
development. within that zone. The City Attorney's
office has advised the staff not to recommend any
action of the Commission this evening until such
time that the previous approvals an this property
have been analyzed, and until such time that an
amendment to the original CUP has been advertized,
and concurrently process along with the
development review.
DCA/Curley explained that the concept of the
Development Review is to go in tandem with the
other entitlements. Looking at the existing CUP
Resolution, it speaks to an existing site plan and
development in conformance thereof. We must make
sure that the conditions listed by staff do not
conflict with the details of the pre-existing
entitlement of the CUP.
C/Harmony requested staff to verify if the K -Mart
sign would meet the new sign ordinance. He
further requested that staff look into the water
flow coming from the Peterson pump station.
The Public Hearing was declared open.
Mike Tyson, with the K -Mart Corp., stated that, as
noted by .the Commission, there is no outside
exit/entrance from the Little Caesar proposed.
Furthermore, the main entry is to be relocated 30
feet to the left, not the approximate 160 feet as
indicated by the staff report. K -Mart will be
discussing improving the conditions of the parking
lot with their landlord. He inquired if the
equipment located on the K -Mart building could be
situated behind the existing mansard canopy, and
if additional canopy space would then still be
required.
December 91 1991 Page 13
Steve Ah Mon representing Clemens and Clemens
Architects, representing K -Mart, stated that they
will present a general plan taking into account
the Commission's comments regarding the need to
improve the 'parking lot and the appearance of the
whole project.
Motion was made by C/Schey, seconded by
VC/MacBride and CARRIED UNANIMOUSLY to continue
the matter to the January 13, 1992 meeting.
INFORMATIONAL
CD/DeStefano stated that the City Manager's
ITEMS:
memorandum, regarding the desire by the Traffic
and Transportation Commission (TTC) to coordinate,
Coordinating the
more closely, projects and their review with the
Planning & the
Planning Commission, suggests that input be
Transportation
obtained from the two Commissions, as well as from
Commission
the City Engineer and the Community Development
Director, and a response be provided back to the
City Manager. The TTC has been working on a
policy statement as to they would wish to
and
see traffic reports and review projects. They
have created a series of levels, and any project
exceeding that level would require their review.
CD/DeStefano recommended the following two
actions: Respond to the City Manager's request;
and, unless there is specific information that the
commission desires to send to the City Manager
tonight, postpone the matter to allow the
Commission time to respond, not only to the broad
issue, but to respond to the TTC's suggested
policy.
C/Schey stated that it would be helpful to review
the mechanism that formed the TTC in order to get
a better idea of exactly what conditions and tasks
the TTC was f ormulated. His orientation is to
limit the TTC's 'action more towards long range
planning and traffic and transportation policy
issues.
Chair/Grothe stated that he was under the
concurrence that the TTC was responsible for
developing engineering standards and guidelines
for the traffic and transportation for the City.
December 9, 1991
Page 14
C/Flamenbaum noted that guideline 5 &
policy written by the TTC, is broad
should be precisely defined.
6, of the
based and
VC/MacBride stated that the Commission should not
respond until they have had a chance to review the
mission statement of the TTC. He concurred that
he 'thought the responsibility of the TTC was that
of long range planning.
C/Harmony indicated that each Commission is
appointed by the City Council to give their input.
It would be beneficial to have the Commissions and
the committees communicating with each other.
VC/MadBride, and C/Flamenbaum concurred, that the
issue is not communication, but rather the
guidelines established determining when the
Commissions communicate.
C/Schey suggested, and the Commission concurred,
to continue the matter to the next meeting to
allow the Commission time to review the guidelines
drafted by the TTC, and to allow staff time to get
the Commission copies of the establishment
resolution of the TTC.
CD/DeStefano indicated that he will request
CE/Mousavi to be prepared to respond to some of
the thoughts and concerns of the TTC.
Discussion of CD/DeStefano stated that the City Manager's
City issues memorandum requests each Commission to develop a
White Paper describing issues perceived to be
addressed in both short and long term regarding
the upcoming budget session. There will be an
annual retreat January of 1992, and a joint public
meeting with all the Commissions and the City
Council to discuss both the short term and long
term issues, given due consideration of the Cityfs
finances.
VC/MacBride, indicating that he will not be able
to attend the public meeting, presented a copy of
his ideas to staff and the Commission.
After discussion, the Commission concurred to
respond to the memorandum individually.
December 91 1991 Page is
ANNOUNCEMENTS:
CD/DeStefano
reminded the Commission of the
Holiday Party
on December 18, 1991.
Chair/Grothe
requested staff to notify the
Commission when there is a change in the Planning
staff.
ADJOURNMENT:
Motion was made by C/Flamenbaum,. seconded by
C/Harmony and
CARRIED UNANIMOUSLY to adjourn the
meeting at 11:06 p.m.
Respectively,
James DeStefano
Secretary/Planning Commission
-Attest:
Jack Grothe
Chairman
CITY OF DIAMOND BAR
I K T E R 0 F F I C E M E M 0 R A N D U H
DATE: December 27, 1991
TO: Planning commission
FROM: James DeStefano, Community Development Di
rl
Kellee A. Fritzal, Administrative Assistan 4'
SUBJECT: TRAFFIC AND TRANSPORTATION DUTIES AND RESPONSIBI ITIES
As requested at the December 9, 1991 Commission meeting, attached
is the ordinance establishing the Traffic and Transportation
Commission. The ordinance details the purpose of the Commission as
directed by the City Council. Also attached for the Commission's
information is the ordinance establishing the Planning Commission.
Additionally, attached for your information please find the minutes
(A) and a report (B) from the joint Council/Traffic and
Transportation Commission meeting held on June 26, 1990. After
listening to the tapes of the meeting specific notes of the
development discussion (C) have been prepared. No formal actions
have even been taken to amend the powers/duties of the Traffic and
Transportation Commission.
KaWR P7, M-9 W,
I
ORDINANCE NO --28B (I
AN ORDINANCE OF THE CITY COUNCI
OF DIAMOND BAR AMENDING ORDINAN,
(1989) AS HERETOFORE AMENDED, P:
TERMS OF OFFICE FOR TRAFFIC AND
COMMISSIONERS.
The City Council of the City of
as follows:
section 1. section 5(f) of Ord.
heretofore amended, of the City Council o:
Bar hereby is amended to read, in words ai
"(f) The terms of office of the
Transportation Commission shall be ti
commencing on March 1 of even numbere
expiring on the last day of February
years; provided, however, that the to
Persons initially appointed to the Ti
Transportation Commission shall expire
February, 1992.11
Section -Zo The City Clerk shall
adoption of this Ordinance and shall cause
I three (3) Public Places within the City of
to the provisions Resolution 89-6.
ADOPTED AND APPROVED this _Zjth.
1991.
Ma
M
ORDINANCE NO. 28A(1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING ORDINANCE NO. 28(1989)
CONCERNING THE TRAFFIC AND TRANSPORTATION
COMMISSION.
The City Council of the City of Diamond Bar does ordain
as follows:
Section 1. Ordinance No. 28(1989) of the City of
Diamond Bar hereby is amended to read, in word's and figures, as
follows:
Created.
Section 2. Traffic and Transportation Commission
There is hereby created a Traffic and Transportation
Commission to serve in an advisory capacity to the City Council.
Section 3. Composition.
The Traffic and Transportation Commission shall be
composed•of five members, each of whom shall be a resident of the
City of Diamond Bar, and appointed in accordance with the
procedures set forth in Section 4 hereof.
Section 4. Purposes.
The purposes of the Commission shall be:
(a) To act in an advisory capacity to the City Council
in the review and development of systems, facilities, plans,
policies and programs concerning rail, bus and other forms of
private and public transportation within the City and effecting
the City.
ki
R
(b) To assist City agencies in providing input into
the planning and implementation process of transportation systems
within the City or effecting the City.
(c) To assist in studies and reviews of public
transportation as the same may effect the City and in preparing
recommendations for project implementation in connection
therewith and, further, to review and advise on proposals,
reports and studies of various public and private agencies as the
same may effect the transportation needs of the City.
(d) To recommend to the City Council and to the City
.Traffic Engineer and other City officials ways and means for
improving traffic conditions and the administration and
enforcement of traffic regulations.
(e) To hear complaints and receive comments from
citizens -pertaining to traffic issues throughout the community
and to make recommendations thereon to the City Council.
(f) To fulfill such additional assignments made with
respect to public and private transportation issues and traffic
and circulation issues as assigned by the City Council from time
to time.
section S. Organization and terms of Office; filling
of vacancies in Of-c—Lofficers; meetings.
(a) Each member of the Traffic and Transportation
Commission shall be appointed by one member of the City Council,
provided that should a member of the City Council fail to make an
appointment within thirty days of the vacancy in question being
PA
created a majority of the City Council shall appoint to fill the
vacancy.
(b) If a vacancy occurs other than by expiration of a
term, it shall be filled within thirty days by appointment for
the unexpired portion of the term by the Council Member who
appointed or had the opportunity to appoint the commissioner
whose position has been vacated or the Council Member serving the
unexpired portion of the term of that person. If that Council
Member fails to appoint within that thirty -day period, a majority
of the City Council shall appoint to fill the vacancy. If the
vacancy is effected by the removal process specified in this
Section, the person so.removed may not be appointed to fill the
vacancy.
(c). Notwithstanding any other terms of provision or
this Ordinance, each member of the Traffic and Transportation
Commission shall be deemed to have resigned from his or her
position on the Commission ninety (90) calendar days after the
succession of any person, whether by-election, reelection or
appointment, to the office of the Council Member who appointed,
or had the opportunity to appoint, such Commissioner and that
Commission position shall thereupon be deemed vacant and
available for appointment for the otherwise unexpired term, if
any.
(d) If a member of the Traffic and Transportation
Commission is absent from three (3) consecutive regular meetings
or from more than fifty percent (50%) of the regular meetings
3
4
thereof in any one (1) year period, the office of said
Commissioner shall thereupon be deemed vacant and the secretary
to the Commission shall immediately inform the City Council
thereof.
(e) Any member of the Traffic and Transportation
Commission may be removed without cause during his or her term of
office by a four-fifths vote of the City Council, provided that
no such member may be removed during the initial three months of
any term of office for which he or she is appointed except by
unanimous vote of the Council..
(f) The terms Of Office of the Traffic and
Transportation Commission shall be two-year 'terms commencing 9
in on
.
July 1st of even numbered years and expiring on June 30th ofeven
numbered yearn_; provided, however, that the terms of office of
persons initially- appointed to the Traffic and Transportation
Commission shall expire June 30, 1992.
(g) The Traffic and Transportation Commission shall,
at is first regular meeting in July of each calendar year, elect
a chairman from among its appointed members for a term of one
year, and may create and fill such.other offices as it may
determine and shall hold regular meetings at least once a month
and other meetings at such additional times are are deemed
necessary.
(h) The City Engineer, or his or her designee, shall
be the Secretary to the Commission.
4
Section 6. compensation; travel expenses.
(a) Each member of the Traffic and Transportation
Commission maybe paid a fixed sum for each meeting such
commissioner attends. The sum to be paid to each member for each
such meeting attended by such member shall be established by
resolution of the City Council.
(b) The City Council may, from time to time, provide
such sums as the City Council deems reasonable, in its sole
discretion, for travel expenses, meals, lodging and related
expenses necessarily incurred by Traffic and Transportation
Commission members incidental to the performance of their
official duties, including attendance at seminars, conferences or
training courses approved by the City Council. Said expenses may
be advanced to members or otherwise paid to them in accordance
with policies established by the City Council.
Stiction 6.
The City Clerk shall certify the adoption of the
ordinance and shall cause the same to be posted in three (3)
public places within the City of Diamond Bar pursuant to the
provisions of Resolution 89-6.
PASSED, ADOPTED AND APPROVED this 16th day of
October , 1990.
5
I, LYNDA BURGESS, City Clerk of the City of Diamond
Bar, do hereby certify,that_
the foregoing ordinance was
introduced at a regular meeting of the City Council of the City
,of Diamond Bar held on the ---2md,_ day of _October , 1990, and
was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the._ day of 1990,
by the following vote:
AYES: COUNCIL MEMBERS: Horcher, Papen, Kim,
Mayor Pro Tem Forbing and Mayor.Werner
NOES: COUNCIL MEMBERS: -None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ATTEST:
"r_y
City Of Diamond Bar
N%10111T&T28AWB5.15 6
I
ORDINANCE NO.'25C (1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING ORDINANCE NO. 25
(1989) AS HERETOFORE AMENDED, CONCERNING THE
TERMS OF OFFICE OF PLANNING COMMISSIONERS.
The City Council of the City of Diamond Bar does ordain
as follows:
Section .1. Section 5(f) of Ordinance No. 25 (1989), as
heretofore amended, of the City Council of the City of Diamond
Bar hereby is amended to read, in words and figures, as follows:,
"(f) The terms of office of the Planning
Commission shall be two-year terms commencing on March 1
of even numbered years and expiring on the last day of
February of even numbered years; provided, however, that
the terms of office of persons initially appointed to
the Planning Commission shall expire the last day of
February, 1992."
Section �,. The City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to posted in
three (3) public places within the City of Diamond Bar pursuant
to the provisions Resolution 89-6.
ADOPTED AND APPROVED this 29th day of October
1991. ,
Mayor
I
ORDINANCE NO. 25B(1989)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR AMENDING ORDINANCE NOS.
25(1989) AND 25A(1989) CONCERNING THE
PLANNING COMMISSION.
The City Council of the City of Diamond Bar does ordain
as follows:
section 1.
Ordinance Nos. 25(1989) and 25A(1989) hereby are
amended to read, in words and figures, as follows:
Section 2.j!jAnning CommisSion Created.
There is hereby created a Planning Commission.
Section13. Composition,
The Planning Commission shall be Composed of five
members, each of whom shall be a resident of the City of Diamond
Bat, and appointed in accordance with the procedures set forth in
Section 5 hereof.
Section 4. Lowers and Duties.
The Planning Commission shall have power to do and
perform such acts and carry out and put into effect such plans
and.programs as are provided by and pursuant to the provisions of
the State Planning Act, California Government Code Sections
65100, et . seq., and shall serve as the Advisory Agency to the
City Council regarding subdivisions and non-residential parcel
maps.
01
Section S. Organization and terms of office; filling
of vacancies in office; officers; meetings.
(a) Each member of the Planning Commission shall be
appointed by one member of the City Council, provided that should
a member of the City Council fail to make an appointment within
thirty days of the vacancy in question being created a majority
of the City Council shall appoint to fill the vacancy.
(b). If a vacancy occurs other than by expiration of a
term, it shall be filled within thirty days by appointment for
the unexpired portion of the term by the Council Member who
appointed or had the opportunity'to appoint the commissioner
whose position has been vacated or the Council Member serving the
unexpired portion of the.term of that person. If that Council
Member fails to appoint within that thirty -day period, a majority
of the City Council shall appoint -to fill the vacancy. If the
vacancy is effected by the removal process specified in this
Section, the person so removed may not be appointed to fill the
. vacancy.
(c) Notwithstanding any other term or provision of
this Ordinance, each of the Planning Commissioners shall be
deemed to have resigned from his or her position on the
Commission ninety (90) calendar days after the succession of any
person, whether by election, reelection or appointment, to'the
office of the Council Member who appointed, or had the
opportunity to appoint, such Commissioner and that Commission
F
position shall thereupon be deemed vacant and available for
appointment for the otherwise unexpired -term-, if any.
(d) If a member of the Planning Commission is absent
from three (3) consecutive regular meetings or from more than
fifty percent (50%) of the regular meetings thereof in any one
(1) year period, the office of said Commissioner shall thereupon
be deemed vacant and the secretary to -the Commission shall
immediately inform the City Council thereof.
(e) Any member of the Planning Commission may be
removed without cause during his or her term of office by a
four-fifths vote of the City Council, provided that no such
member may be removed during the initial three months of any term
Of office for which he or she is appointed.
(f) The terms of office of the Planning Commission
shall be two-year terms commencing on July 1st of even numbered
years and expiring on June 30th of even numbered years; provided,
however, that the terms of office of persons initially appointed
to the Planning Commission shall expire June 30, 1992.
(g) The Planning. Commission shall, at its first
regular meeting in July of each calendar year, elect a chairman
from among its appointed members for a term of one year, and may
create and fill such other offices as it may determine and shall
hold regular meetings at least once a month and other meetings at
such additional times are are deemed necessary.
(h) The. Director of Planning, or his or her designee,
shall be the Secretary to the Commission.
3
section 6. Compensation; travel expenses.
(a) Each member of the Planning Commission shall be
paid a fixed sum for each commission meeting such commissioner
attends. The sum to be paid to each commissioner for each such
meeting attended by such commissioner shall be established by
resolution of the City Council.
(b) The City Council may, from time to time, provide
such sums as the City Council deems reasonable, in its sole
discretion, for travel expenses, meals, lodging and related
expenses necessarily incurred by Planning Commissioners
incidental to the performance of their official duties, including
attendance at seminars, conferences or training courses approved
by the.City Council. said expenses may be advanced to
Commissioners or otherwise paid to them in'accordance with
policies established by the City Council.
Section 7.- References to Commission.
Wherever in the Los Angeles County Code, as heretofore
adopted by this City Council, reference is made to the "Planning
Commission," "Regional Planning Commission" or "hearing officer",
the same shall be deemed to refer to the Planning Commission as
established by this ordinance.
Section S.
The City Clerk shall certify the adoption of the ordinance
and shall cause the same to be posted in three (3) public places
within the City of Diamond Bar pursuant to the provisions of
Resolution 89-6.
4
ADOPTED AND APPROVED this
day Of October , 1990.
mayor
I, LYNDA BURGESS, City Clerk of th City of Diamond
Bar, do hereby certify that the foregoing ordinance was
introduced at a regular meeting of the City Council of the City
of Diamond Bar held on the 2nd day Of October 1990, and
was finally passed at a regular meeting of the City Council of
the City of Diamond Bar held on the
_16±h_ day of October, 1990,
by the following vote:
AYES:
COUNCIL
MEMBERS:
Horcher, Papen, Kim,
NOES:
COUNCIL
MEMBERS:
Mayor Pro
None
Tem Forbing and Mayor Werner
ABSENT:
COUNCIL
MEMBERS:
None
ABSTAIN:
COUNCIL
MEMBERS:
None
ATTEST:
�Ci
Ci exk
City Of Diamond Bar
N11011\PC25B\DB6.1
5
JUNE 26, 1990
PAGE 3
JOINT MEETING Chair/Ortiz called the Traffic and
TRAFFIC AND Transportation Committee to order.
TRANSPORTATION
COMMITTEE
Roll Call Chair/Ortiz, Com/Chavers, Gravdahl and
Rebeiro. C/Eustaquio was absent.
C/Kim advised that at 3:00 p.m. on Thursday, June
28, 1990 a, meeting would be held with LACTC at
which would be attended by MPT/Forbing, CM/Van
Nort, Todd Chavers and himself.
Com/Chavers gave a brief presentation on the
Congestion Management commission and that due to
Prop 108 and 111, Cities must institute a traffic
congestion program.
CM/Van Nort advised that both.he and Asst. CM/
Belanger had met with the AQMD to discuss
Council's concerns over traffic congestion. He
stated that the AQMD will be moving to Diamond Bar
in October and will be providing certain modes of
transportation to their employees that will be
open to everyone. They will be using alternative
fuels, including an electric bus that will be
operative in 1991.
Following further discussion by Council and the
Commission, CM/Van Nort advised that a presen-
tation would be made to Council on July 17 on the
best methods to approach the problems referred to
during this discussion.
He further stated that at the Strategic Planning
Workshop, the City Manager and the Asst. City
Manager were directed to prepare an analysis of
what other cities are doing to compensate for
reimbursement of expenses to the various
commissions. He stated that it is their hope to
present it in August to be effective September 1,
1990.
CM/Van Nort suggested that the Planning Commission
and Traffic and Transportation Committee plan a
joint meeting to discuss the Development Code.
CM/Van Nort then introduced Mr. Terry Belanger,
Asst. City Manager, who gave a report•on the
meeting held with the AQMD.
With no other discussion, Chair/Ortiz
adjourned the Commission portion of the
meeting to July 5 at 4:00 p.m., whereupon
that meeting will be adjourned due to lack of
a quorum to July 12, 1990.
DATE:
TO:
VIA:
FROM:
SUBJECT:
11 E ti
May 7, 1990
Honorable Mayor and Members.of the City Council
Robert L. Van Nort, City.Manager,
Tom Ortiz, chairman, Traffic and -Transportation
Committee,
TRAFFIC AND TRANSPORTATION COMMITTEE ROLES AND
RESPONSIBILITIES
Since our first meeting in January, the Traffic and Transportation
Committee has been working on resolving a large back log of traffic
problems. At this point we have acted on most of the problems
presented to the Committee.
At our May 3,, 1990 meeting the Committee discussed areas in which
it felt it could best serve the City Council, City Manager, City
Engineer, and residents of the City. With only 19 months 1 1 eft of
our appointment the Committee is anxious to form work groups that
would enable us to best use our various talents. Attached are 2
copies listing these areas.
We as a Committee realize that some of the items overlap with other
Commissions and committees and would like the chance to work with
them. The Traffic Committee is offering this list for you review
and guidance. Please return 1 copy of this -list to us with your
remarks - and suggestions. The Committee is eager to appoint these
workgroups at our June meeting.
Sincerely,
Ortiz,-om
Chairman raf c and Transportation Committee
' T
CITY OF DIAMOND BAR
TRAFFIC AND I TRANSPORTATION COMMITTEE
PROACTIVE AGENDA
1. CIRCULATION ELEMENT UPDATE
2. CONGESTION MANAGEMENT PLAN
(REQUIREMENTS, LOGISTICS, PROGRAMS, FUNDING)
3. DISPOSITION OF PROP. A FUNDS
4. PUBLIC TRANSIT
OCTD:DIAMOND BAR TO ANAHEIM
DIAMOND BAR TO LAMBERT PARK & RIDE
DIAMOND BAR CAL STATE FULLERTON
LOCAL DEMAND RESPONSIVE AND SHUTTLE BUS OPERATIONS:
''REVIEW OF EXISTING FOOTHILL & RTD SERVICE:
6. DEVELOPMENT REVIEW:
REVIEW OF PROPSALS FOR BUILDING, REZONING THAT INVOLVE
TRAFFIC IMPACTS
7. ESTABISH PROCESS & RELATIONSHIP:
-TEAM BUILDINGTO CITY COUNCIL
8. CIVIC AND OTHER TSM PROGRAMS:
9. AN AGGRESSIVE ROLE vis a vis SCAQMD:
(SHOULD DIAMOND BAR BE THE ULTIMATE SHOWpEICE FOR THE
AQMDIS PROGRAMS),
.10. FUNDING/FINANCING AND IMPACT FEES:
ii. GROWTH MANAGEMENT:
10. SCAT/PROP 111 & 108: (DIAMOND BAR,SPOSITION)
` Ltt
W
Traffic and Transportation Commission Joint Meeting
with City Council on July 26, 1990
Chairman Ortiz asked what the Council felt was the Commission's
role in review of development projects, such as traffic impact
studies (EIR's).
The City Attorney discussed timing was discussed concerning the
permit streamlining act and that many projects do not have time to
take it to the Traffic and Transportation Commission. The
Commission is currently notified of the pending EIR review.
Negative Declarations and Categorical Exceptions timing is to short
to have Commission input.
Commissioner Reveiro stated staff should make judgements on
projects and take the time to notify the Commission and give them
a deadline for input.
Councilmember Kim supported the statement that the traffic report
on EIR's should be submitted to the Traffic Commission, the cities
of San Dimas and Ontario give reports to Traffic Commission.
on.
Mayor Werner disagreed with C/Kim-and felt the Planning Commission
should be given full authority to review all aspects of development
includingthe traffic studies (it is their Commission
responsibility).. Need to use the professional staff as the
resource.
Councilmember Horcher referred to the enabling ordinance and
requested the staff and Commission to review the powers/duties and
if an amendment is required to add powers then staff will bring
back to the Council.
City Attorney discussed the 'timeline and recommended that staff
could discussed projects with individual members of the Commission
or have Planning provide the Commission a monthly report on
planning projects and the commission could ask question on certain
projects.
AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
APPLICANT:
PROPERTY OWNER:
BACKGROUND:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
4
January 8, 1992
January 13, 1992
Conditional Use Permit No. 90-70
Night Club/Live Entertainment
21671 GatewaywCenter,Drive
Gateway Corporate,'Ce'nt6r
Dr. Omar Akbar
1135 S. Sunset Ave. #308
W. Covina, CA 91790
4.1y 1
This application was initially before the Planning Commission on August
26, 1991 to request a one year extension of time and to request a revi-
sion of condition No. 11 (for CUP 90-70, granted August. 25, 1990) which
prohibited night club/live entertainment activities in the 9,000 sq.
ft. restaurant.
The Planning commission approved the extension of time request and di-
rected the applicant to provide specific types of live entertainment
and the proposed locations within the restaurant. Staff has received
the requested information and has contacted local agencies.*and other
communities in order to determine appropriate mitigation measures for
this type of use.
APPLICATION ANALYSIS:
The live entertainment requested for the restaurant includes: piano
bar, soft jazz, small dance band, and comedy.. These activities are
requested to operate in the dining area and the bar/lounge area. No
live entertainment is proposed for the roof promenade. The hours of
operation for the night club entertainment is requested between the
hours of 9:00 p.m. and 2 a.m.
The request for the night club/live entertainment is allowed by the
interim CM Zone Ordinance and will not conflict with prohibited uses
listed in the Gateway Design Guidelines. The term night club is requ-
iced when an applicant is applying for live entertainment in a legally
established restaurant with an occupancy that is in excess of 200. The
project was approved with an occupancy not to exceed 285.
Staff feels that the design of the restaurant, the site plan, and the.
requirement to provide additional parking spaces have all planned for
this extension of restaurant service. The size of the shell and the
roof top promenade lend themselves to providing live entertainment in
an unencumbered setting.
Staff has reviewed the available information and finds the request for
live entertainment to be reasonable and acknowledges the increased mar-
ketability the entitlement would offer. The concern is that without
the identity of the restaurant proprietor and the particular needs' of.
that establishment, there is a void in the information that can be pro-
vided at this time. However, the Planning Commission can grant the
request for the live entertainment/ night club use with the stipulation
that the applicant obtain business licenses for the entertainment and
dancing.
Within the conditions placed on the grantl' the Commission would require
that the applicant provide the Commission with the information that is
required for acquisition of the business license. At that time, the
Commission can review the information and'place.any additional condi-
tions that may be deemed appropriate on the existing CUP. Additional-
ly, staff would be involved with the County of Los Angeles in reviewing
the business license application prior to the public hearing required
as a part of that process.
Conclusion:
The night club/live entertainment request is consistent with the type
of uses associated with quality restaurants. The project is designed
to handle the night club/live entertainment uses and the use is not
conflict with Gateway Corporate Center Design Guidelines.
ENVIRONMENTAL ASSESSMENT:
Mitigated Negative Declaration
FINDINGS OF PACT.*
1. The subject site is approximately 2.5 acres in size'and is located
at 21671 East Copely Drive in the Gateway Corporate Center.
2. The site has been. approved for a restaurant, approximately 9,000
square feet in size, via Conditional Use Permit 90-70 granted by the
Planning Commission on August 27, 1990.
3. The prbperty to the east is developed with a hotel, Days Inn, and
lies on an approximately two (2) acre lot.
4. The properties to the east and west are currently vacant and no
development projects have been submitted to the City. The northern
boundary of property fronts onto Golden Springs.
5. The design and layout of the proposed development is consistent
with applicable elements of the Gateway Corporate Center design guide-
lines and the live entertainment request will not conflict with the
character of center's development.
6. The requested use will not affect the integrity of the restaurant
use or the enjoyment of the adjacent property owners.
7. The requested use will not create additional traffic or pedestrian
hazards.
8. The proposed use will not affect the design or the layout of the
previously approved restaurant project and the project will remain har-
monious with the current and proposed land uses.
9. The proposed development will not be detrimental to the public
health, safety, or welfare or materially injurious to the properties or
improvements in the vicinity.
RECOMMENDATIONS:
Staff recommends approval of the night club use (live entertainment in
establishments with occupancy in excess of 200 persons) with the added
condition to require the applicant to obtain all of appropriate busi-
ness licenses from the County of Los Angeles, or its successor, and to
return to the Planning commission for review prior to exercising this
the grant embodied within this condition.
,CITY OF DIkHOLP--W--1A,
ENTEROFFICE XEXORANDUX
DATE:. January 13, 1992
TO: Planning Commission
FROM: Ann J. Lungu, Planning Technician
SUBJECT: Tree Preservation ordinance
(Zoning Ordinance Amendment No. 91-5)
BACKGROUND:
On December 9, 1991, at a noticed public hearing, staff presented
a final draft tree preservation ordinance to the Planning
Commission for review.
At this meeting, the Commission discussed three issues: civil
remedies, tree management guidelines, replacement standards, and
the protection of heritage trees. A subcommittee of two Planning
Commissioner members - David Schey and Dexter MacBride were
selected to deal with the issues of heritage trees, replacement
standards, and civil remedies.
On the issue of tree management guidelines, it was decided, with
the Deputy City Attorney's advice, to disregard the tree management
guidelines totally. This would releave the City of any
responsibility and liability for trees on private property which
may deteriorate for some unknown reason or because of care
recommended in these guideline.
The subcommittee met on Friday, December 13, 1991. The first issue
discussed was heritage trees and whether to include them in our
proposed Tree preservation ordinance or to create a separate
ordinance which would be for the preservation of heritage trees,
specific cultural or historical sites, buildings, and other
appropriate objects. It was the decision of the subcommittee to
create a separate ordinance for this purpose.
The second issue discussed was civil remedies. The subcommittee,
as well as the Planning commission, wanted to be firm in conveying
the fact that if this Tree Preservation Ordinance is unlawfully
violated, the City would take action and enforce penalties which
would make a person, firm, partnership, or corporation seriously
weigh the consequences of a violation. As a result of discussing
this issue, the subcommittee added to Chapter 22.56. Section 2180.
Subsection 5. which states that the City through the civil process
could also, but not limited to, require replacement of a tree(s) in
kind, size, and age, or in lieu of, shall pay the City full
appraisal value of each tree as determined by a professional
appraiser, selected by the City, and the cost of the appraisal to
be paid by said person, firm, partnership., or corporation.
The third issue discussed was tree replacement standards. The
subcommittee decided to have a schedule for replacement of lots one
(1) acre or more. This schedule was based on tree diameter with a
replacement of 4:1. Lots which are less than one (1) acre, a
ration of 1:1 was established. Details of the replacement schedule
can be found in Chapter 22.56. Section 2160. G. of the proposed
Ordinance.
The Tree Preservation Ordinance was advertised within the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers on October 3, 1991.
The environmental evaluation shows that the Tree Preservation
Ordinance is Categorically Exempt pursuant to Article 5, Section
15061, (b) , '(3) of the California Environmental Quality Act
Guidelines.
RECOMMENDATION•
Staff recommends that the Planning Commission adopt.a
with additions resulting from the subcommittee
recommending that the City Council approve the Tree
Ordinance.
Attachments:
Resolution
Tree Preservation ordinance
Correspondence - stamped date of 12-30-91
Resolution,
meeting,
Preservation
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR REPEALING PART 16 OF CHAPTER
22.56 OF DIVISION 1 OF TITLE 22 OF THE LOS
ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND
ADOPING A NEW PART 16 OF CHAPTER 22.56 OF
DIVISION I OF TITLE 22 PERTAINING TO TREE
PRESERVATION.
A. Recitals
1. The City Council of the City of Diamond Bar has heretofore
adopted Part 16 of Chapter 22.56 of Division 1 of Title 22
pertaining to Oak Tree Permits.
2. It is the desire of the City Council to, replace said
regulations with new regulations broadening the scope of
coverage afforded indiginous trees.
3. That the Planning Commission conducted duly noticed public
hearings on this proposed ordinance, received testimony and
closed such public hearing on December 9, 1991. It was
determined that this project is categorically exempt from the
requirements of the California Environmental Quality. Act of
1970, as amended, and the guidelines promulgated thereunder
pursuant to Section 15307 of Division 6 of Title 14 of the
California Code of Regulations.
4.i All legal prerequisites to the adoption of this Resolution have
occurred.
B. ordinance
NOW, THEREFORE, the City Council of the City of Diamond Bar does
ordain as follows:
Section 1. In all respects as set forth in Recitals, Part A, of
this ordinance.
Section 2. Part 16 of Chapter 22.56 of Division 1 of Title 22 (
Sections 22.56.2050.et seq ) of the Los Angeles County Code, as
heretofore adopted, is hereby repealed:in its entirety.
Section 3. A new Part 16 of Chapter 22.56 of Division 1 of Title
22 of the Los Angeles County Code, as heretofore adopted, is hereby
declared to read, in words and figures, as follows:
22.56.2050 ESTABLISHED
revised 12/26/91 1
The Tree Preservation ordinance is established to create a master plan
governing tree Planting, maintenance, and removal; and to recognize oak
trees, walnut trees, sycamore trees, and pepper trees growing within
the City which are a significant historical, aesthetic, and natural
resource definitive of the character of the City. Oak trees, walnut
trees, sycamore trees and pepper trees ees are worthy of protection. They
are the prime source -of oxygen, preserve the scenic beauty, prevent
soil erosion, provide shade, protect wild life, and counteract air
pollution. It is relevant to the public peace, harmony, and welfare
that such trees be protected from random removal or cutting, especially
where such trees are related to a proposed development.
22.56.2060
INTENT
It is the intent of this ordinance to create regulations for the
preservation and maintenance of oak trees, walnut trees, sycamore
trees, and pepper trees within the City on public and private property
so as to retain as many of these trees as possible. It is also the
intent of this ordinance to perpetuate these trees through planting as
development occurs.
22.56.2070
APPLICABILITY
The provisions of this ordinance shall apply to all genus and species
of oak trees, walnut trees, sycamore trees, and pepper trees on all
public and private property within the City.
22.56.2080
DEFINITIONS
For the purpose of the ordinance, specific words and phrases used are
defined as follows:
A) Arborist: A specialist in the care and maintenance of trees.
B) Certified Arborist: A specialist in the.care and maintenance
of trees and certified by the Western Chapter of the
International Society of Arborculture (WCISA.) or an equivalent
organization.
C) Compensatory Pruning: Pruning that is necessary to be
performed to reinstate the proper root equilibrium. .
revised 12/26/91 2
D) Cutting: The detaching or separating from a protected tree any
limb, branch, or root. Cutting 'Shall also include pruning.
E) Damage: Any action causing or contributing injury to
the root system or other parts of a tree, by fire, application
of toxic substances, operation of machinery or equipment;
improper watering; changing natural grade of land by excavation
or filling the drip line area around the trunk; or by attaching
signs or artificial material thereby piercing the bark of the
tree.
F) Diseased Trees: Tree ' s afflicted by but not' limited to any of
the following: insect infestation, heart rot, exfoliation,
slime flux, crown rot, leaf scorch, and root fungus which must
be evaluated treated and re-evaluated in an effort to restore
or save the tree.
G)
H)
Deadwood: Limbs, branches or a portion of a tree that
contains no green leaves during a period of the year when green
leaves should be present.
Director: Director of Community Development for the City of
Diamond Bar or his/her designee.
I) Drip Line: A line which may be drawn on the ground
around a tree directly under its outermost branch tips and
which identifies that location where rainwater tends to drip
from the trees. When depicted on a map, the dripline will
appear as an irregular shaped circle that follows the contour
of the tree's branches as seen from overhead.
J) Tree: Any oak, walnut, sycamore or pepper tree that meets at
least one of the following criteria:
1 All oak, walnut, sycamore, and pepper trees in excess of
fifteen feet (151) in height or having a minimum single
trunk circumference of fifteen inches (1511) measured four
feet (41) from lowest ground level; or
.2. Multitrunked tree shall mean a tree with a division of its
trunk having a total circumference of a minimum of thirty
inches (3011) measured four feet (41) from lowest ground
level; or
3. A stand of trees which are dependent on each other
for survival or dominance.
K) Horticulturist: A specialist in the care and maintenance of
fruits, vegetables, flowers, or ornamental plants.
L) Improved Lot: A lot having all pertinent utilities available,
rough grading completed, and public improvements abutting along
the lot frontage.
revised 12/26/91 3
M) Multi -trunk tree: A tree with a division of its trunk having a
total. circumference of a minimum of thirty inches (3011)
measured four feet (41) from lowest ground level and is fed
from the same root system:
N) Protection Zone: The area within the dripline of a
—tree -and extending to. a point at least ten (101) feet outside
from the dripline, or twenty (201) feet from the trunk of a
tree, whichever distance is greater.
0) Pruning: Any and all work performed upon the roots or the
limbs of a tree.
P) Removal: Any action which will cause extraction of a
,tree.
Q) Stand of trees: Group of trees the nature of which makes each
dependent upon each other for survival.
R) To ppJ_ing: Also known as pollading. The practice of making large
perpendicular cuts on main trunk or laterals, resulting in a
flush of small brittle branches in an unnatural growth pattern.
Often used to decrease height of trees.
S) Tree Report: A written report prepared by a certified arborist
containing, specific information on the location, condition,
potential impacts of development, recommended actions and
mitigation measures regarding one or more oak, walnut,
sycamore, and pepper trees on an individual lot or project
site.
T) Undeveloped Property: Refers to any parcel or parcels of land
which does not contain physical man-made improvements, and
may be improved in conformance with the applicable
development standards of the zoning classification where
the property is located.
22.56.2090
EXEMPTIONS
The following shall be exempt from the provisions of this ordinance:
A. Trees held for sale by licensed nurseries and/or tree farms or
the removal or transplanting of such trees for the purpose of
operating a licensed nursery and/or tree farm;
B. A tree that is so damaged or diseased, and as such, is verified
by a certified arborist that it can not be effectively
preserved, or its presence is a threat to other protected
trees;
revised 12/26/91 4
C. Trees and shrubs within existing or proposed public right -of-
way where their removal or relocation is necessary to obtain
adequate line -of -sight distances and/or to keep street and
sidewalk easement clear of obstruction as required by the City
engineer or his/her designee;
D. Routine maintenance which is need for the continued good health
of a tree including but not limited to removal of deadwood,
insect control spraying, and watering. Routine maintenance
shall be limited to pruning of branches which do not exceed two
(211) inch in diameter at the point of removal in accordance
with the latest guidelines published by the National Arborists
Association.
22.56.2100
PERMIT REQUIRED
A permit shall be required for removing, trimming or relocating oak,
sycamore, walnut or pepper trees as more fully set forth in the
sections hereinafter.
A. No person, utility company, firm or corporation shall remove,
relocate or destroy any designated tree within the City limits,
including an applicant for a building permit.
B. A permit shall be required for the cutting or pruning of
branches that exceed two (2) inch in diameter at the point of
cut. The maximum amount allowed for the pruning of walnut,
sycamore or pepper trees shall be twenty (20%) percent. The
maximum amount allowed for the pruning of oak trees shall be
ten (10%) percent.
C. Topping shall be prohibited. The tree crown shall be reduced
by "thinning out" of selected branches in conformance with the
applicable requirements.
D. A permit for tree removal, tree location, or pruning not
associated with a development proposal shall be approved by the
Director or his/her designee.
22.5.6.2110
TREE REMOVAL/RELOCATION PERMIT APPLICATION
An application. for a tree removal/ relocation permit shall be filed,
together with any required fee as, set by resolution of the City
.Council, with the Director on forms provided for such purpose. The
Director shall require a tree removal permit application together with
any application for tentative subdivision maps or other applications
revised 12/26/91 5
for development. The application shall contain the following
information:
A. Astatement as to the reasons for removal or relocation;
B. The number, species and size (circumference as measured four
feet from lowest ground level) and height oftrees.;______
C. The exact location of all existing on-site trees of all species
on a plot plan in relation to proposed and existing structures
and improvements. If the application is associated with an
application for development, the location of all trees on-site
shall be plotted on a grading plan;
D. Photographs of the entirety of any and all trees to be removed
or relocated;
E. If a tree - is proposed to be relocated, the relocation site
shall be identified and site preparation and relocation methods
described;
F. If a tree is proposed to be relocated, the proposed method of
removal shall be described in writing by a certified arborist.
G. The health of any tree declared diseased, infested, or drying
shall be verified by a written report of a certified arborist;
H. In addition, at the applicant's expense, the Director may
require additional written information by a certified arborist
to assist the Director in making a determination on a tree
removal permit application. The Director shall so specify, in
writing, any additional information deamed necessary, prior to
the application being considered complete. '
Subsequent to investigation, the Director shall approve, conditionally
approve or deny the application to remove or relocate any tree(s)
specified in this ordinance. The Director may impose conditions deemed
necessary to implement the provisions of this Chapter, including, but
not limited to, replacement of the removed or cut down tree(s), the
species, the quantity or the size commensurate with the aesthetic value
of the tree(s),cut down or removed. Conditions may also be imposed on
tree(s) relocation to another location on the property.
22.56.2120
TREE PRUNING: PERMIT APPLICATION REQUIRED:
No tree regulated by this Chapter shall be pruned except as provided
for herein or unless such is excepted from such permit. The
circumstances and procedures are as follows:
revised 12/26/91 6
A. An application shall be submitted along with a written report
which shall contain the following information:
1. A statement as to reasons for the pruning;
2. A site plan depicting the location of the tree(s) to be
pruned in relation to all structures and improvements of
the site. Also the size, species and height of the
tree(s) shall be designated in writing in relation to the
plan;
3. Photographs of the tree(s) to be pruned.
4. Identification of the general scope of branch removal.
The applicant shall specify the proposed cutting with as
much detail as possible.
B. Upon receipt of the application, the Director shall review and
investigate the application within thirty (30) days of
receiving a complete application and evaluate the request to
determine if it conforms to one of the following permissible
grounds for prunning.
1. The condition of the tree(s) with respect to the
interference of branches with existing structures or
vegetation;
2. Structurally unsafe limbs and branches due to decay,
cracking or splitting, or which may hinder the public
health, safety, and welfare;
3. Tree(s) that are alleged to be out of proportion;
C. At the discretion of the Director, the City may employ a
certified arborist, at the sole cost of the applicant, to
provide recommendations for pruning ofthe subject trees.
22.56.2130
APPEAL PROCEDURES
The decision of the Director may be appealed in the manner described
herein below:
A. Administrative Decision.* An appeal based on decisions by the
Director shall be filed in writing with the secretary of the
Planning Commission, together with required appeal fee, within
ten (10 , ) calendar days of the Director's action. The Planning
commission shall consider the matter -at a public hearing and
may affirm or reverse wholly or in part the action upon which
the appeal is based.
revised 12/26191 7
B. Planning Commission Decision. An appeal of the decision of the
Planning Commission shall be, filed with the City Clerk, in
writing, within ten (10) calendar days following the decision
of the Planning Commission. The City Council shall hear the
matter and may affirm or reverse wholly or in part the decision
of the Planning Commission.
22.56.2150
EMERGENCY WAIVER
The permit requirement may be waived if a tree is determined by the
Director to be in dangerous condition requiring emergency action to
preserve the public health, safety, and welfare. In the event of an
emergency caused by hazardous of dangerous tree, which condition poses
an immediate threat to person or property, the Director or the Fire
Department may authorize the destruction or removal of such tree
without first securing a permit.
22.56.2150
USE OF EXPLOSIVES
The use of explosives shall be governed by permit issued from the Fire
Department in conformance with the regulations enforced by said
Department.
22.56.2160
TREE REPLACEMENT STANDARDS
A. Tree relocation is to be at another location on the site
whenever possible. (A written report by a certified arborist
is required concerning the feasibility of transplanting the
tree.)
B. Approval Period. Tree removal permits shall be effective,
unless appealed, following the ten (10) day appeal period and
shall be valid for a period of -ninety (90) days, subject to
extension. The Director may, from time to time, upon good
cause -shown extend the permit (s) previously issued. Where the
tree removal permit is associated with an application for
development, the ninety (.96) days shall commence on the
earliest of either the date of final map recordation or the
issuance of a building permit.
C. To assist the City in making a determination, the applicant,
for a tree removal permit, may be required to submit an
revised 12126/91 8
appraisal prepared by a certified arborist to determine the
value of the trees) removed. Such informatiion may be
utilized in determining tree replacement requirements.
D Replacement trees shall be properly cared for and maintained
for a period of five (5) years and replaced by the applicant or
permittee if mortality occurs within that period.
D. Where feasible, replacement trees should be. indigenous to the
area as determined by a certified arborist.
G. Replacement standards for lots of one (1) acre or more shall be
as follows for trees defined in the ordinance:
Diameter
Number Removed
Replaced
Min.
Size
1011 or under
1
4
2411
box
1111 - 1411
1
4
3611
box
1511 - 2911
1
4
4811
box
3011 plus
1
4
6011
box
Lots less than one (1) acre with existing improvements are
exempt from the above replacement .schedule unless 'Director
determines that there are overriding consideration. The
replacement for trees defined in the. Ordinance, on lots less
than one .(1) acre with existing improvements, shall have a
replaced ratio of 1:1.
22.56.2170
PROTECTION OF EXISTING TREES
Care shall be exercised by all individuals, developers, and contractors
working near oak, sycamore, walnut, and pepper trees so that no damage
occurs to such existing trees. All construction shall preserve " and
protect the health of trees to remain, be relocated, and new trees
planted to replace those removed, in keeping with the following
measures:
A. All trees to be retained shall be enclosed by chain link
f enc ing with a minimum height of f ive ( 5 ) f eet or other means
approved by the Director prior to the issuance of any grading
or building permit and prior to commencement of work, all as in
conformance with Section B, herein below.
B. Chain link fencing or other approved barrier shall be erected
at least ten (10) feet outside of the dripline or twenty ( 2 0 )
feet from the trunk, whichever distance is greater. Said
barrier shall remain in place during all phases of construction
and may not be removed without the written consent of the
Director at thecompletionof construction.
revised 12/26/91 9
C. Unless otherwised approved by the Director, signs must be
installed on the barrier in ,four locations equidistant around
each tree. The size of each sign shall be a minimum of two (2)
feet by two (2) feet square and shall contain the following
language:
WARNING
This . f ence shall not be removed or relocated without written
authorization from the City of Diamond Bar.
D. No disruption or removal of the structural or absorptive roots
of any tree shall be permitted except as set forth in Section
G.
E No fill materials shall be placed within the dripline of any
tree unless otherwise approved by the Director.
F. No compaction of the soil.within the dripline of any tree shall
be permitted.
G. No construction, including structures and walls, that disrupts
the root system shall be permitted. As a general guideline, no
cutting of -the root system shall be permitted within a distance
,equal to three and one-half times the trunk diameter as
measured at ground level. This distance may vary to meet the
needs of individual tree species as determined by an arborist.
Where root removal is necessary, the tree crown may be required
to be thinned to prevent wind damage. This shall also be
verified by a certified arborist.
22.56.2180
TAGGING
In the process of preparing a Tree Report, each tree is required to be
phusically marked for identification by consecutively numbered tags.
The following method of numbering the trees shall be used to easily
identify and locate the trees:
A. A permanent tag, a minimum of one and one-quarter
(1-1/411) inches to two (211) inches is to be used for
Identifying the trees. The tag must be made from a non-
corrosive, all weather material and be permanently attached to
the tree.
B. The tag shall be located on the north -side of the tree at a
height of four and one-half (4-1/21) feet above the natural
elevation.
C. The Director shall approve the tags proposed for use prior to
the installation of such tags.
Section 4. Penalty for violation of ordinance.
revised 12/26/91 10
It shall be unlawful for any person, firm,• partnership, or
corporation to violate any provision, or to fail to comply with any of
the requirements of this Ordinance. Any person, firm, partnership, or
corporation violating any provision of this Ordinance, or failing to
comply with any of its requirements, shall be deemed guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine not
exceeding One Thousand Dollars ($1,000.00), or by imprisonment not
exceeding six (6) months, or by both such fine and inprisonment. Each
such person, firm,' partnership, or corporation shall be deemed guilty
of a separate offense for each and every day or any portion thereof
during which any violation of this Orinance is committed, continued, or
permitted by such person, firm, partnership, or corporation, and shall
be deemed punishable therefore as provided in this Ordinance.
Section 5. civil remedies available.
The violation of any - of the provisions of this Ordinance shall
constitute a nuisance and may be abated by the City through civil
process by means of a restraining order, preliminary or permanent
injunction or in any other manner provided by law. Such enforcement or
abatement shall include, but not be limited to, seeking replacement of
such tree(s) in kind, size, and age, or in lieu thereof, paying to the
City the full apraised value of such tree(s), said value to be
determined by a professional appraiser selected by. the City, and the
cost of such appraisal to be paid by said person, firm, partnership,
or corporation, all for the purpose of tree replacement.
Section 6. Severabillity.
The City Council declares that, should any provision, section,
paragraph, sentence, or word of this Ordinance be rendered or declared
invalid by any final court action in a court of competent jurisdiction,
or by reason of any preemptive legislation, the remaining provision,
sections, paragraphs, sentences, and words of this Ordinance shall
remain in full force and effect.
Section 7.
Ordinance and
places within
its passage in
The City
shall cause
the City of
the manner
Clerk shall certify to the adoption of this
the same to be posted in three (3) public
Diamond Bar within fifteen (15) days after
prescribed by Resolution NO. 89-6.
ADOPTED AND APPROVED THIS day •
Mayor
I
I, LYNDA BURGESS, City Clerk of the City -of Diamond Bar, do
hereby certify that the foregoing Ordinance was introduced at a regular
meeting of the City Council of the City of Diamond Bar held on the
11
revised 12/26/91
day of , 1992, and was finally passed at a regular
meeting of the City Council of the City of Diamond held on the day
of , 1992 by the following vote:
revised 12/26/91 12
RESOLUTION N0.
A ABSOLUTION OF THE PLANNING COMMISSION OF
THN CITY OF DIAMOND BAR RECOMMENDING THAT
THE COUNCIL OF THE CITY OF DIAMOND BAR
APPROVE THE REPEAL OF THE OAK TREE PERMIT
PROCESS AND THE REPLACEMENT OF SUCH WITH
A TREE PRESERVATION ORDINANCE.
A.$oita� s.
(i) The City of Diamond Bar is recognized for its
unique and distinguished natural and improved physical
environment. A major element of such physical environment is the
varieties of trees, including naturally occurring stands of oak,
walnut, scyamore and pepper trees. These trees value to the
community is such that all reasonable efforts should be
undertaken to preserve and enhance them. Such measures must also
be balanced against the circumstances which may require the
removal, relocation or maintenance of such trees.
(ii). The City of Diamond Bar presently is without
adequate regulations which serve. to foster the preservation of
such trees while responding to the needs of owners of the
properties on which such trees may be sited.
(iii) The Planning Commission has extensively
considered the issues related to a balanced tree preservation
ordinance, and has, with the benefit of public input, developed a
proposed tree preservation ordinance which it hereby recommends
to the City Council for its review and adoption.
(iv) All legal prerequisites to the adoption of this
Resolution have occurred.
N
NOW, THEREFORE, the Planning Commission of the City of
Diamond Bar, California finds and resolves as follows:
-SECTION.;. in all respects-as.set forth in the
Recitals, Part A, herainabove.
BECTZQi That the Diamond Bar Planning Commission
recommends that the Council of the City of Diamond Bar approve
.and adopt the proposed tree preservation ordinance attached
hereto as Exhibit 'fill.
gEgT10 2, That the City of Diamond Bar is in the
process of finalizing its draft General Plan and that, on the
basis of such draft plan there is a reasonable probability that
the intent of this ordinance will be consistent with the goals,
policies and objectives of the ultimate General Plan. Further,
there is little or no probability of substantial detriment to or*
interference with the ultimately iLdopted general plan if
inconsistencies are ultimately present because the preservation
of both the naturally occurring and introduced trees will enhance
the City and th6 environment which will be of benefit to the
present and future community. - Finally, 'this action is undertaken
in conformance with all applicable laws.
MUM A.' The Planning commission finds and
determines that the ordinance proposed by this Resolution is
categorically exempt from the requirements of the California
Environmental Quality Act of 1970, as amended, and the Guidelines
promulgated thereunder pursuant to Section 15307 of Division 6 of
2
Title 14 of the California Code of Regulations.
SEO_T_XoN S. That the Secretary to the Planning
Commission deliver this resolution to the City Clerk.
1991.
ADOPTED AND APPROVED this day of.
Chairman
Secretary of the.Planning
Commission of.the City of Diamond Bar, do hereby certify that the
foregoing Resolution was introduced at a regular'meeting of the
Planning Commission of the City of Diamond Bar held on the
day of , 1992, and -was finally passed at a
regular meeting of the planning Commission of the City of•Diamond.
Bar held on the day of 1992, by the
following vote.:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: � COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST: ......
Secretary
L 10WRESt7PR SM 6.7 3
C,;k e CLtk- C, d -4—d I
The Tree Pr'e.s
governing tre
trees, walnut.'
the City whicl
,.source def in
K Or ®BARIDAAUO14�DEC � 01991
wo
treest sycamore
are the prime
soil erosion,
pollution. it
that such trees
where such treE
22.56.2060
e
510 ek-t�we-s-f
S�
3-3
3 e is established to create a master plan
zoak
Renance, and remova; and to recogn'
erltrees growing Jwithin
gre trees, and pepp__ , and natural
ificant historical, aesthetic
character I , of the--City.---Oak.--trees, walnut
trees, and pepper trees are worthy of protection. They
prevent
source of oxygen, preserve the scenic beauty,
provide shade, protect wild life, and counteract air
is relevant to the public peace, harmony, and welfare
be protected from random removal or cutting, especially
s are related to a proposed development.
INTENT gulations for the
It is the intent of this ordinance to create re
preservation and maintenance of oak trees, walnut trees, sycamore
ublic and private property
pepper trees within the city on p
trees, and of trees as possible. It is also the
as many
so as to retain o etuate these trees through planting as
intent of this ordinance t-perpthese
development occurs.
I _r
See c% -Pct 1
') tt e k-1 e- tts a CD
22.56.2070 e -
APPLICABILITY
pply to Spe4a-j-�
of this d�i�nce shall a
The provision/ or and pepper trees on all
of
tree , sycamore trees,
-et-5'—oak trees/ property within the City.\ -ff^&,qez-tu_5 r(6tfq`1C4
public and private prop -
22.56.20.80
DEFINITIONS dinance, specific words and phrases used are
For the purpose of the or
defined as follows:
A) Arborist: A specialist in the care and maintenance of trees.
t: A specialist in the care and maintenance
B) Certified Arboris
of trees and certified by the Western Chapter of the
International society of Arborculture (WCISA) or an equivalent
organization.
C) compensatory Pruning: Pruning that is necessary to be
performed to reinstate the proper root equilibrium.
2
revised 12/5/91
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
DATE: January 9, 1992
TO: Planning Commission
FROM: Ann J. Lungu, Planning Technician
SUBJECT: Development Review No. 91-04
K -Mart, 249 So. Diamond Bar Blvd.
At this time, K -Mart- has not submitted additional information which
is needed to continue review of their project. When the additional
information is submitted to the City, Planning can continue the
review and determine a date for the publlic hearing.
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
APPLICANT:
PROPERTY OWNER:
BACKGROUND:
City of Diamond Bar
PLANINUNG COMMISSION
Staff Report
January 8, 1992
January 13, 1992
Tentative Tract Map No. 50519/
Development Agreement -No. 91-3/
Development Review No. 91-2
To subdivide a 2.3 acre site into six
(6) lots and to construct 80
condominium units within five (5)
buildings with underground parking.
23575 Golden Springs.. t..
ji
Diamond Development Company_'_
1700 Raintree Road
Fullerton, CA. 92635
4_3
This project was presented to the Planning Commission at the November
25, 1991 Commission hearing. The primary issues that arose from the
hearing, addressed land use, density and the target market for
occupancy. At the conclusion of the public hearing, the commission
directed staff to conduct a Cost/Benefit Analysis to determine the
appropriateness of the proposed condominium project at that particular
location.
Subsequent to the conclusion of the hearing, the applicant. informed
staff (Exhibit I, Dr. Crowley Letter) that he. wished to amend the
project. The elements that have been revised as a result of the
revision are as follows:
* The project will be an exclusively Seniors citizen Project.
The project will be physically re -designed accordingly (ie
reduced parking, revised design for the parking structure, interior
revisions to accommodate senior and handicapped residents).
As of the date of this report, no revised plans have been received by
the City. The applicant has stated that the revised plans will* be
submitted no later than January 9, 1991. The applicant has requested
that the revised project be placed on the Planning Commission agenda
for the January 27, 1992 public hearing.
As a result of the revisions proposed by the applicant, staff did not
pursue the Cost/Benefit analysis. The proposed revisions to the
project were interpreted by staff to be dramatic enough to change the
character of the development in a manner that could alter the need for
the study or change the focus of analysis.
RECOMMENDATION:
Staff recommends that the Planning Commission table the project and
direct staff to notice the public hearing for the project for an
appropriate date.
Attachment: Letter from Dr. Crowley dated December 20, 1991
Diamond Development Company
110 Wilshire Avenue, Suite 300, Fullerton, CA 92632
(714) 773-1041 FAX (714) 773-0298
December 20, 1991
James DeStefano
Director of Planning
City of Diamond Bar
21660 .Bast Copley Drive, Suite 190
Diamond Bar, CA 91765-4177
Dear Mr. DeStefano,
I hereby request a postponement of our public hearing before the
Planning Commission, currently scheduled for January 13, 1992,
until the following meeting on January 27, 1992. Further, I wish
to request that an amendment of our application be made to
include a rezoning of our property from the existing Cl zoning to
a residential zoning that is consistent with the plans we have
submitted. The extension of time is necessary so that we can
make some modifications to the project, and allow your staff
sufficient time to review the changes. The new design will be
exclusively for the use of "senior citizens".
Very truly yours,
Ronald J. Crowley, Ph.D.
General Partner
AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
PROPERTY OWNER:
BACKGROUND:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
8
January 6, 1992
January 13, 1992
-Development Review 91-3
A request for architectural approval
of a one floor 6,080 sq. ft. Goodyear
Auto Service Center building to be
located in the Country Hills Towne
Center at the corner of Fountain
Springs'and Diamond. .,Bar. *.'.Blvd.- .The
proposed service center is located on -
lot no'. .v14 in the northeast. section
of the center.
Country Hills Towne*Center
The Wolf Company
7700 Irvine Ctr. Dr.
Irvine, CA.
Landsing Pacific Fund.
155 Bovet Rd. #101
San Mateo, CA.
The proposed Goodyear Auto Service Center is an allowed use in the C-1
Restricted Business Zone and under the existing Conditional Use Permit
87-002. The proposed use will provide tire sales and installation as
well as minor automobile maintenance and repair services. No gasoline
sales are proposed as a part of this application. Hours ofoperation
are Monday through Sunday from 7:30 a.m. to 6:00 p.m.
The project will be located on lot no. 14 in the southeast corner of
the Country Hills Towne Center. The site is currently vacant. The
rear portion of the proposed building will abut a retaining wall on the
east and south and will.be situated on the pad below Fountain Springs
Road and the Chow Commercial Building.
APPLICATION ANALYSIS:
The application seeks approval for a single story 5,080 sq. ft.
building. The building is designed with an off-white "Meadow Brook"
cement plaster exterior and trimmed with tan "Frazee Paints" accent
bands at the cornice and along the midpoint of the structure. The
lower portion of the entry tower will display Del Piso tile in a
"Canyon Finish". The door and windows of the front elevation are
proposed to implement permanodic dark bronze tinted windows. The roof
the will utilize clay 'IS" tile, tan I'M Camino" in color.
The design of the structure incorporates a tower -.--for -.-the --entry
statement that extends approximately 28 ft. in height above grade. The
remainder of the structure is one floor and is approximately 19 ft. in
height. The rear of the building, which accesses the eight service
bays and roll -up doors, abuts a six foot retaining wall with a 42 inch
wrought iron fence on top. There is one entrance to the service area
via a door at the south end of the building.
MITIMARM
Currently the Center provides approximately 1042 to 1053 parking spaces
depending on the source. The latest site plan identifies 1053 parking
spaces currently available but the parking analysis dated August 1991
quotes the number as 1042. The Center is required by Conditional Use
Permit 87-002 to provide 933 parking spaces therefore, there will be an
excess of at least 43 spaces over the minimum number of required spaces
if current applications (SpeeDee Lube also) are approved.
This project site currently provides 16 standard size parking spaces
and one (1) handicapped space directly in front of the pad. . As a
result of this project', a total of 12 parking spaces would be provided
at the pad resulting in an overall reduction of five (5) spaces for the
Center's overall excess inventory. There are 25 parking spades
available directly west across the drive aisle that can be utilized by
any excess demand generated by the Service Center although these
parking spaces will be competed for with movie patrons.
CIRCULATION
The site is currently served by existing driveway approaches. Because
of the orientation of the service bay openings in the rear of the
building fronting onto Fountain Springs Drive, the project designed an
access to the rear. The access drive is proposed at the northern
portion of the pad along an existing retaining wall. The approach is
16 ft. in width as it leads to the rear elevation. There is a gate at
the corner of the building to restrict access and as the driveway turns
to the south, and the width expands to 24 ft. The increased width will
allow for greater mobility for maneuvering the vehicles being worked on
in the bay area.
The addition of this project has not been specifically investigated as
it relates to the internal circulation within the center. The internal
circulation of the center has been addressed in a traffic study
submitted to and approved by the County of Los Angeles during the
review of the project during the CUP process. *The site has been
designated as a commercial site but not specifically as an auto service
center although staff has not identified any potential problems.
NOISE
The work performed by the Goodyear Auto Service Center includes tire
sales and installation, brake and clutch service, tune upsi and other
minor maintenance services. No internal engine repair is conducted.
The tools to perform these services include, air compressors, pneumatic
air wrenches, brake lathes, and car lifts.
The work is conducted from 7:30 a.m. to 6:00 p.m. daily and the bay
doors remain open during the hours of operation. The exact decibel
level for the equipment was not available from the applicant but staff
estimates the acute noise levels to be in excess of 65 db.
The residential neighborhood to the east of the development is
approximately .100 ft. from the noise source (open bay doors). The
neighborhood also lies within the 60-65 db contour at a point 100 ft.
south of the intersection of Diamond Bar Blvd. and Fountain Springs
Drive. Staff therefore estimates that there will be impacts but the
extent of the impacts are not known and can not be derived with the
available information.
CONCLUSION•
The project is an approved land use and requires architectural
approval. The project will reduce the existing parking inventory by
five (5) spaces but will not drop the available parking below the
minimum required. The materials used for the building conform to the
materials currently used by the existing development and the structure
complies with development standards related to height.
The project may cause an impact to the adjacent residential development
by increasing the noise level that currently exists.- To identify noise
levels and to preclude unacceptable noise impacts, a noise
determination is needed.
ENVIRONMENTAL ASSESSMENT:
Mitigated Negative Declaration
RECOMMENDATIONS:
Staff recommends that the Planning Commission direct a sound study be
conducted' for the project and after completion of the study, direct
staff to re -notice a public hearing and to bring the project back with
appropriate conditions as identified in the report.
PREPARED BY:
Robert Searcy, Associate Planner
ATTACHMENTS:
Application
Elevations
J UL— C- •:11 I I
CITY OF DIAMOM BAR
DEPARTMENT OF PLANNING
21660 E. COPICY Drive Suite 190
(714)860-2314 Fax (714)860-3117
DEVELOPMENT REVIEW APPLICATION
Record Owner(s) Applicant
Case#
R;cv
Fee $ 1 tocs gm—
Name Landsing Pacific Fund The Wolff Company_
(Last n12P first) 7700 Irvine Ctr Dr
Applicant's Agent
The Nadel Partnership
Address 155 Bovet Rd,#101 Ste. 710 3090 Bristol, Ste. 200
City San . Mateo, CA Irvine, CA Costa Mesa, CA
Zip,- 94402 92718 92626
Phone(415) 513-5252 (7149 720-1000 (T14) 540-5000.,
(Attach separate sheet if necessary, including names, addresses, and signatures
of members of partnerships. ioint ventures, and directors of corporations)
CONSENT. I con nt to he s mission of the application accompanying this request
2 he *5 1 -
S i gne4d g Date Z�
net;)
�All recorded net;)
Certification: 1, the undersigned, hereby certify under penalty of perjury that
the information herein provided is correct to the best of my knowledge.
Printed Name;
Sig
Loc ati
Cary S.
or tract and lot nuaber)
to July 3,.-1991
HNM 2)20
Zoning_
Previous Cases
Present Use of Site
Use applied for
LEGAL DESCRIPTION (all ownership comprising the proposed lot(s)/parcel(s)
A portion of parcel B on the attacheq legal description (parcel__
map 18722 will. record soon This -ha
�uildifiq Will be. logatedwn
parcel 11 of P.M. 18722)
Area devoted to structures 5080 sq -ft. Landscaping /Open space 15%
Proposed density N/A
(Units/Acres)
Style of Architecture Mediterranean
Number of Floors Proposed 1 Slope of Roof 6 on 12
AGENDA ITEM NUMBER:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
WI&OW"'y•
APPLICANT:
PROPERTY OWNER:
BACKGROUND:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
01
December 26, 1991
January 13, 1992
Conditional Use Permit No. .91-12,
Development Review No..,,91-5, and
Sign'No. 91-42
A request for a Conditional Use
Permit to divide pad #15 into two
(2) pads to allow the use of a
drive-thru restaurant and general
retail; a Development Review to
construct a building on pad #13
for a SpeeDee -0 .. Change and
Tune -Up facility; and a sign
Review for two(2) wall signs and
one(l) monument sign.
Country Hills Towne Center
Tom Wolff
The Wolff Company
7700 Irvine Center Dr.;,
Irvine, CA 92718
Landsing Pacific Fund
155 Bovet Rd. Ste. 101
San Mateo, CA 94402
The applicant, The Wolff Company, is requesting to amend Conditional Use
Permit No. 87-002-1 (CUP 87-002-1) to create pad #13 which was not
included in the original site plan labeled "Exhibit A-111 and to divide
pad 15 into two (2) pads to allow the future use of a drive-thru
restaurant and a retail shop (CUP 91-12). The applicant is also
requesting a Development Review (DR) to construct a building on pad #13
that ' will house a SpeeDee Oil Change and Tune -Up which will offer smog
testing and services incidental thereto.
AGENDA ITEM
October 28, 1991
Page 2
The Applicant has previously been granted a Conditional Use Permit (CUP
No. 87-002-1 by the Regional Planning Commission on December 23, 1987.
This CUP is required to authorize the construction and operation of a
motion picture theater (cinema) with less than standard parking subject
to certain restrictions.
The site of the proposed project is located in a Restricted Business
(C-1) zone. Generally, the following uses surround the site: to the
North is Single Family Residential (R-1-7,500) zone; to the South is
Residential Planned Development (RPD -1-15U) zone; to the East is R-1-
20,000 zone; West is R-1-7,500 which is separated from the subject site
by a flood control channel.
APPLICATION ANALYSIS:
The subject site, Country Hills Towne Center, is approximately 17.7
acres and is located on the North side corner of Diamond Bar Blvd.
between Fountain Springs Road and Cold Spring Lane. The two pads
involved in this proposed project are #13 and #15. Pad #13 is
approximately 18,055 square feet and pad #15 is approximately 18,400
square feet.
On pad #13, the applicant is request to construct a one story building
of 2,847 square feet* (including the pit area -3,540 square feet) to house
a SpeeDee Oil Change and Tune -Up store which will offer smog testing and.
services incidental thereto. This building will contain a sales area
for taking in and cashing out cars and a waiting area; 'four (4) bays and
a pit area. In the -sales area there will be a coffee machine, a water
and beverage vending machine. Hours of operation will be 8:00 a.m. to
5:30 p.m. Monday through Saturday. The number of employees will be four
(4). All work on automobiles will be completed inside the building and
will not contribute to an increase in noise or excessive fumes.
Products stored and use for SpeeDee are fresh oil and automatic
transmission fluid. There will be four (4) 500 gallon tanks for storage
on the site, located in the pit, behind a three (3) foot block wall,
above ground and below grade. The tanks are double walled and
constructed of steel. Three (3) tanks will store new oil and one (1)
tank will store waste oil. The waste - oil will be hauled away by
Petroleum Recycling Corporation, located at 1865 E. 29th Street, Signal
Hill, California 90806. The waste oil is completely recyclable. When
the business is stabilized, pick-up of waste will be once a week.
Pressurized tanks will be on the premises for air and is used to pump
oil from the tanks. The new oil is categorized as Class 1 which has a
low flash point and combustibility. The waste oil is Class 3 which also
has A low flash point and combustibility but it is considered higher
then the new oil. The manner in which the tanks are located allows for
visibility in order to inspect them.
AGENDA ITEM
October 28, 1991
Page 3
Parking standards for SpeeDee are based on the County of Los Angeles
Planning and Zoning Code which requires one (1) space for every four
hundred (400) square feet of gross floor area. As per this code, eight
(8) standard size spaces and one (1) handicapped space is required.
SpeeDee will be providing twenty-eight (28) space adjacent to the
building. According to the site plan for CUP 91-002-1, the shopping
center is required to provide a total of 933 parking spaces. The site
plane submitted for the proposed project provides 1042 to 1053 parking
spaces. According to the traffic study, dated August 8, 1991, the
proposed SpeeDee structure will displace. forty-seven (47) parking
spaces. This will cause forty-seven (47) theater goers to park five
hundred (500) feet from the theater or in the parking area provided
behind the theater. If this area is to be used for parking, a
directional sign should be provided
ded directing patrons to this area and
restriping of these spaces will need to be done to clearly define them.
Another factor to consider is that the peak hours of business for the
theater is usually when most retail uses of the center are not open for
business.
The proposed trash enclosure will be located at the rear of the pad.
The trash pick-up truck could enter at the Fountain Springs Road
driveway. The turning radius for the drive-thru isle between the cinema
and pad #13 will need to be check and altered if necessary to
accommodate the trash pick-up truck per City -Engineers specification.
The City Engineer has requested that the applicant conduct a traffic
study to determine the necessity of a stop sign for the driveway located
at Fountain Springs Road.
A condition of the approval for CUP 87-002-1 indicates the Applicant
shall provide adequate qualified personnel in the parking areas from
dusk through one-half hour after closing of the cinema to discourage
loitering and littering and to encourage maximum usage of available
parking facilities by providing patron security. At the time of this
report, the permittee is providing security as required.
On pad #15, the Applicant is requesting to create two (2) pads. one pad
is proposed general retail and the other pad is proposed for drive-thru
restaurant. on the site plan submitted to the City, pad #15 is
approximately 17,760 square feet. The retail structure will be
approximately 3,855 square feet and, the- restaurant structure will be
approximately 3,050 square feet. The rest of the area will be dedicated
to landscaping and parking. In.Exhibit "A-111 of CUP 87-002-1, it shows
that approximately 21,000 square feet is dedicated for pad area and
7,700 square feet is for the restaurant structure. Ingress drive-thru
for the proposed restaurant and existing egress drive-thru for Burger
King are adjacent to each other. The City Engineer requests that the
applicant investigate other options for the placement of the ingress
drive-thru isle. When a project is submitted for each of the two (2)
newly created pads, a Development Review process will be required for
the proposed structures of the two (2) uses. At this time, the pad is
vacant and was originally approved for a restaurant.
AGENDA ITEM
October 28, 1991
Page 4
DEVELOPMENT REVIEW:
The architectural style for SpeeDee is Mediterranean which.complies with
the architectural style of Country. Hills Towne Center. The proposed
structure is one story, has four (4) service bays with a pit
approximately seven (7) feet below the floor level of the bays, and a
sales area. It has a square footage of 2,847 feet and a pit area of 693
square feet totally to 3,540 square feet.
The roof will be flat with a tower over the sales area of the building
with a 6:2 slope. The roof of the tower will be constructed of tile
and have a heightof3016". The the will be fabricated from clay, one
piece mission 'IS" and of a color called El Camino. The height of the
flat roof will be 211811 to the parapet cap. The City has adopted Los
Angeles County Planning and Zoning Code which allows a maximum height of
two stories in a C-1 zone. The proposed structure complies with the
height requirements.
The exterior of the proposed structure will be plaster, medium dash coat
finish of a color call La Habra #48 (off-white stucco). The pilasters
will have the same finish as the exterior of the structure with brick
accent (color -California Paver #758 and #1158) to match existing of the
shopping center. The concrete walks and curbs will be natural grey with
swirl trowel non slip finish.
Storefront windows and doors will have aluminum frames of a dark bronze
color (color -#40 Permanodic Dark Bronze). The overhead sectional bay
doors will be a combination of steel and aluminum. The color of the
frame will match the window frames and the exterior of the doors will be
painted the same color as the exterior of the structure.
The total area of the pad devoted to landscaping is 4,170 square feet
(24.5% of the pad area). The Los Angeles County Planning'and Zoning
Code requires a minimum area of 10% to be landscaped. The landscaping
of this proposed project more then complies with the minimum
requirements. A conceptual landscape was submitted to the City with the
application. The City will require a final landscape plan to be
submitted for review by City staff.
Orientation of the proposed structure is -such that the entrance to the
bays -will be facing Fountain Springs Road and the exit will be facing
the cinema. When standing at street level of Fountain Springs Road,
facing the six (6) foot high solid masonry wall which borders the
property line and sidewalk of pad #13, the view of what can be seen is
the top portion of the tower. .This
This is the portion of the proposed
structure that would be observe from the nearest residence which is
approximately 1501 from the site. Also, the proposed structure is
approximately twelve (12) feet below the grade of property owners
closest to the site.
AGENDA ITEM
October 28, 1991
Page 5
SIGN REVIEW:
The applicant is proposing two (2) wall signs and one (1) monument sign
which according to the Sign Ordinance does not require a public hearing.
one wall sign will read "SpeeDee OIL CHANGE & TUNE-UP" and incorporate
the company logo. The proposed sign area is 29.94 square feet calculate
as per City Sign Code, Section 110.D.2. It will contain a double row of
clear red neon tubs with a white trim cap and letter returns to form the
word "SpeeDee". The rest of the lettering will be blue and non -
illuminated. The face of the screened logo will be formed from-Lezan
with red, white, and blue copy. The logo will be illuminated by cool
white high output fluorescent lamps.
The second wall sign will read "MOBIL OIL" and contain their logo. The
lettering and logo will be contained within an aluminum extrusion
cabinet painted with a glossy blue enamel finish. The total area for
this sign will be sixteen (16) square feet.
The maximum area for wall signs for this structure according to the Sign
Code is ' 93.75 square feet. The total area for the two wall signs will
be 45.94 square feet. Therefore, the wall signs will comply with the
Sign Code.
The height of the proposed monument sign is six (6) feet with a sign
face area of (24) square feet. , The sign will be located on the pad near
the driveway on Fountain Springs Road. The base will be stucco. covered
and will match the color. of the building. The base will contain a metal
address plate as per City requirements. The sign face will have the
same copy and logo as the proposed wall sign and constructed of vacuum
formed and embossed Lezan with red, white, and blue copy, silk screen
printed on the inside surface of the sign face for long lasting graphic
protection. The cabinet will be aluminum, painted with glossy blue
enamel finish. The sign will be internally illuminated.
NOTICE OF PUBLIC HEARING:
This item has been advertised in the San Gabriel Valley Tribune and in
the Highlander on December 20; 1991, and in the Inland Valley Daily
Bulletin on December 19, 1991. Notices were mailed to approximately one
hundred and ninety-eight (198) property owners within a 500 foot radius
of the project site on December 30, 1991.
ENVIRONMENTAL ASSESSMENT:
The environmental evaluation shows that the proposed project could have
a significant effect on the environment, and a Mitigated Negative
Declaration has been prepared according to guidelines of California
Environmental Quality Act (CEQA).
AGENDA ITEM
October 28, 1991
Page 6 -
RECOMMENDATIONS:
Staff recommends that the, P1 anning _ Commission ..approv Conditional- -Use
Permit No. 91-12, Development Review No. 91-5, Mitigated Negative
Declaration, Sign Review No. 91-42, and Resolution No. 91 -XX with the
following Findings of Fact.
FINDINGS OF FACT:
1. The proposed project is in substantial compliance with the. proposed
General Plan pursuant to the terms and provisions of Government Code
Section 65360.
2. The proposed project will not adversely affect the health or welfare
of persons residing or working in the surrounding area.
3. The proposed project will not have an adverse impact on adjacent or
adjoining residential and commercial uses. It will not be
materially detrimental to the use, enjoyment, or valuation of
property of other persons located in the vicinity of the proposed
project.
4. The subject site for the proposed project is adequately served by
Diamond Bar Blvd. and Fountain springs Road.
5. The subject site for the proposed project is adequate in size and
shape to accommodate the proposed use.
6. The proposed project will be in compliance with the Sign Ordinance,
Sections 110.D.1. and D.2.
7. The proposed project will be in compliance with Development. Review
Ordinance No.5 (1990), Chapter 22.72, Sections 010, 020, and 040.
ATTACHMENTS:
Application
Initial Study
Mitigated Negative.Declaration
Resolution 91 -
Traffic Study date January 8, 1992
Conditions from CUP 87-002-1
Exhibit "All - Site Plan, Elevations, and Conceptual Landscape Plan
Exhibit "B" - Plans for two wall signs and one (1) monument sign
RESOLUTION NO. 91-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR APPROVING CONDITIONAL
USE PERMIT NO. 91-12 (WHICH IS TO AMEND
CONDITIONAL USE•PERMIT NO.87-002-1), NEGATIVE
DECLARATION, SIGN REVIEW 91-42, AND
DEVELOPMENT REVIEW NO.91-5, AN APPLICATION TO
LOCATE A SPEEDEE OIL CHANGE AND TUNE-UP
FACILITY ON PAD #13 AND TO ALLOW TWO (2) USES
ON PAD #15 FOR A DRIVE-THRU RESTAURANT AND A
GENERAL RETAIL AT COUNTRY HILLS TOWNE CENTER
LOCATED ON THE NORTH SIDE OF DIAMOND BAR BLVD
BETWEEN FOUNTAIN SPRINGS ROAD AND COLD
SPRINGS LANE - PARCEL 2 OF PARCEL MAP #18722.
A. Recitals
1. The Wolff Company, located at 7700 Irvine Center Drive has
filed an application for a Conditional Use Permit (CUP) to
amend CUP No. 87-002-1, Development Review, and Sign. Review
Country Hills Towne Center located in Diamond Bar, California,
as described in the title of this Resolution. Hereinafter in
this Resolution, the subject Conditional Use Permit,
Development Review and Sign Review application is referred to
as "Application".
2. On April 18, 1989, the City of Diamond Bar was established as a
duly organized municipal organization of the State of
California. On said date, pursuant to the requirements of the
California Government Code Section 57376, Title 21 and 22, the
City Council of the City of Diamond Bar adopted its Ordinance
No. 1, thereby adopting the Los Angeles County Code as the
ordinances of the City of Diamond Bar. Title 21 and 22 of the
Los Angeles County Code contains the Development Code of the
County of Los Angeles now currently applicable to development
applications, including the subject Application, within the
City of Diamond Bar.
3. Because of its recent incorporation, the City.of Diamond Bar
lacks an operative General Plan. Accordingly, action was taken
on the subject Application, as to consistency with the Draft
General Plan, pursuant to the terms and provisions of
California Government § 65360.
4. The Planning Commission of the City of Diamond Bar, on January
13,-1992 conducted a duly noticed public hearing on said Appli-
cation and concluded said hearing on such date.
5. All legal prerequisites to the adoption of this Resolution have
occurred.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the Plan-
ning Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of
the fa * cts set forth in the Recitals, Part A, of this Resolution
are true and correct.
2. The Planning Commission hereby finds that the Negative
Declaration -has been prepared in compliance with the California
Environmental Quality Act of 1970, as amended, and guidelines
promulgated thereunder, and, further this Planning commission
has reviewed and considered the information contained in the
said Negative Declaration with respect to the project
identified in this Resolution.
3. The Planning Commission hereby specifically finds and
determines that, based upon the findings set forth below; and
changes and alterations which have been incorporated into and
conditioned upon the proposed project, no significant adverse
environmental effects will occur.
4. Based upon substantial evidence presented to this Commission
during the above referenced public hearings and oral testimony
provided at the hearings, this Commission hereby specifically
finds as follows:
(a) The project relates to a site which is comprised of 17.7
acres with retail shops, restaurants, and a cinema within
the C-1 zone, on the North side of Diamond Bar Blvd,
between Fountain Springs Road and Cold Springs Lane, City
of Diamond Bar, California.
(b) Generally, property to the North is Single Family
Residential (R-1-7,500) zone; property to the South is
Residential Planned Development (RPD -1-15U) zone; property
to the East is R-1-20,000 zone; and property to the West
is R-1-7,500 zone which is separated form the subject site
by a flood control channel.
(c) The nature, condition, and size of the site has been con-
sidered. The site is adequate in size to accommodate the
use.
(d) The Conditional Use Permit, Development Review, and Sign
Review will 'not have an adverse impact on adjacent or
adjoining residential commercial uses. It will not be
materially detrimental to the use, enjoyment, or valuation
of property of other persons located in the vicinity and
the Conditional Use Permit and Development Review will not
adversely affect the health or welfare of persons residing
or working in the surrounding area.
(e) The subject property shall be maintained and operated in
full compliance with the conditions of this grant and any
law, statute, ordinance or other regulations applicable to
any development or activity of the subject property. Fail-
ure of the permittee to cease any development shall be a
violation of these conditions.
(f) Notification of the public hearing for this project has
been made in conformance with Los Angeles County Code
adopted by the City.
(g) Notwithstanding any previous Subsection of this
Resolution, if the Department of Fish and Game requires
payment of a.fee pursuant to Section 711.4 of the Fish and
Game Code, payment thereof shall be made by the applicant
prior to.the issuance of any building permit or any other
entitlement.
5. Based upon the substantial evidence and conclusion set forth
herein above, and conditions set forth below in this
Resolution, presented to the Planning Commission on January 13,
1992, at the public hearing referenced herein, this Commission
in conformance with the terms and provisions of California
Government Code S 65360, hereby finds and concludes as follows:
(a) The granting of this Conditional Use Permit and
Development Review is based on the reasonable probability
that the project request considered herein it is will be
consistent with the General Plan on the basis of review of
the draft General Plan presently under going review by the
City. There is little or no probability of substantial
detriment to or interference with the finally adopted
General Plan if this application is granted and the same
is ultimately inconsistent with the Plan because the
unique physical circumstances applicable to the subject
site, together with the conditions applied hereto, serve
to minimize any and deleterious impacts which could
otherwise arise. Further, this project has demonstrated
compliance with all applicable requirements of State law
and local ordinance in addition to the referenced
conditions serves to insure this entitlement is harmonious
with and beneficial to the community.
(b) The development shall substantially conform to all plans
dated January 13, 1992 as submitted to and approved by the
Planning Commission labeled Exhibits IIAII,and "B" as
amended herein.
(c) This grant allows for the construction of a SpeeDee Oil
Change and Tune -Up facility located on pad #13 and the
development of two (2) uses on pad #15 a drive-thru
restaurant and general retail.
(d) The Applicant shall submit a final landscape plan and
irrigation plan within thirty (30) days of receipt of the
certified copy of this resolution and prior to the
issuance of Building Permits, for the review and approval
by the Planning Division.
(e) All development shall comply with Sign Ordinance, Section
110.D.1. and D.2.
(f) The Applicant shall submit the results of an additional
traffic study, relating to site circulation prepared by
the Applicant's traffic engineer, concerning the turning
radius that is required for trash pick-up and hazardous
waste hauler trucks, a stop sign at the Fountain springs
Road driveway, and another alternative for the drive-thru
isle of proposed restaurant. The results of the study
shall.be submitted to the City Engineer and the Planning
Division for review and approval within thirty (30) days
of receipt of the certified copy of this resolution and
prior to the issuance of building permits. All mitigation
measures in the traffic study approved or recommended by
the City. Engineer shall be implemented prior to
Certificate of Occupancy of uses permitted by this
Resolution.
(g) The Applicant shall install signage to inform patrons of
parking located at the rear of the cinema. The Applicant
shall submit plans for signs within thirty (30) days of
receipt of the certified copy of this resolution and prior
to the issuance of building permits for review and
approval by staff.
(h) The Applicant shall restripe the parking spaces, to City
specification, located at the rear of the cinema. The
Applicant shall also install additional lighting in this
area to insure the safety of patrons.
(i) Operation of the SpeeDee facility shall be limited between
the hours of 8 a.m. and 5:30 p.m. Monday through Saturday
for the purpose of shared parking.
(j) The project shall be in compliance with Development Review
Ordinance No.5 (1990), Chapter 22.72, Sections 010, 020,
and 040.
(k) 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, 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 grant.
(1) The development approved by this Resolution shall be
substantially completed within one (1) year of date of
approval. A year extension may be requested in writing
prior to the expiration day of this grant.
(m) The Planning Commission hereby specifically finds and
determined that, based upon the initial study, findings
set forth, and conditions applied to this application, the
proposed Conditional Use Permit, Development Review, and
Sign Review will not have a significant adverse effect on
the environment.
(n) The Planning Commission finds that facts supporting the
above specified findings are contained in the Negative
Declaration, the Staff Report and Exhibits, and the
information provided to this Commission during the public
hearing conducted with . respect to the project and the
Negative Declaration, mitigation measures have been made a
condition of approval of said project which mitigate
and/or avoid environmental effects identified in the
Negative Declaration.
(o) The Planning Commission hereby finds the Negative
Declaration has been prepared in compliance with the
California Environmental Quality Act of 1970, as amended,
and the guidelines promulgated thereunder. Further, this
Commission has reviewed and considered the information
contained in said Negative Declaration and effects will
occur with respect to the project identified, in this
Resolution, and that the project will not individually or
cumulatively have and adverse effect on wildlife
resources, as defined in Section 711.2 of the Fish. and
Game Code.
(p) All conditions of Conditional Use Permit No. 87-002-1
shall remain in effect unless superseded by Conditional
Use Permit No. 91-12, Development Review No. 91-5, and
Sign. Review No. 91-42.
6. This Commission hereby provides notice to The Wolff Company,
that the time within which judicial review of the decision
represented by this Resolution must be sought is governed by
the provisions of the California Code of Civil Procedure
Section 1094.6
The Planning Commission Secretary shall:
(a) certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by
certified mail, to The Wolff Company, at the address as set
forth on the application.
APPROVED AND ADOPTED THIS THE 13TH DAY OF JANUARY, 1992.
PLANNING COMMISSION OF THE CITY OF.DIAMOND BAR.
BY:
Jack Grothe, Chairman
ATTEST
James DeStefano, Secretary
I, James Destefano, Secretary of the Planning Commission of the City of
Diamond Bar, do hereby certify that the foregoing Resolution was duly
introduced, passed, and adopted by the Planning Commission of the City
of Diamond Bar, at a regular meeting of the Planning Commission held on
the 13th day of January, 1992, by the following vote -to -wit:
AYES:
[COMMISSIONERS:]
NOES:
[COMMISSIONERS:]
ABSENT:
[COMMISSIONERS:]
MITIGATED NEGATIVE DECLARATION
Case Number: CUP 91-12 / DR 91-5
Applicant: The Wolff Company
7700 Irvine Center Drive, Suite 710
Irvine , CA, 92718
Proposal: A request to construct a building for the use of a
SpeeDee Oil Change and Tune -Up offering additional
services of lubrication, smog testing and services
incidental thereto.
Location: Country Hills Towne Center
Northwest Corner of Diamond Bar Blvd. and Cold
Springs Lane, Diamond Bar, CA 91965
Environmental
Findings: The proposed project, as determined in the City of
Diamond Bar, could have a significant effect on
the environment. There will not be a significant
effect in this case because the mitigation mea-
sures described on the attached sheet have been
incorporated into the proposed project.
II. Discussion of Environmental Evaluation:
Negative Declaration
Explanation to supplement "Yes" and "Possible" answers given
in initial study.
Environmental Impacts:
1. Earth.
a. Will the proposal result in disruptions,
displacements, compaction or overcovering of
soil? . Yes
Explanation•
The grading required will cause the removal of 200
cubic yards of soil for the creation of the pit.
Mitigation•
The 200 cubic yards of soil will be deposited at
the nearest approved disposal location. The
location shall be designated on the grading plan
which shall be submitted in advance of the
issuance of permits.
10. Risk of Upset.
a. Will the proposal result in a risk of an
explosion or the release of hazardous
substances (including but not limited to,
oil, pesticides, chemicals or radiation) in
the event of an accident. Possibly
Explanation•
a. Waste oil and automatic transmission fluid
will be by products of the proposed use.
Mitigation•
a. These waste products will be stored in metal
containers and hauled away by a licensed
individual.
13. Transportation/Circulation.
b. Effects on existing parking facilities or
demand for new parking? Yes
Explanation•
b. The proposed use will be displacing forty-
seven (47) parking spaces in order to create
a pad for the construction of the building
which will house the proposed use.
Mitigation•
b. SpeeDee will be providing twenty-eight spaces
on site for their use. During the hours of
operation for this use, it is not the peak
hours of business for the cinema. Therefore
the parking facilities can be shared.- Also,
there is additional parking to the rear of
the cinema which- can be used during the
cinema's peak hours of business. A
directional sign can be used to remind patron
of the additional parking and the spaces can
be restriped.
17. Hunan Health.
a. Will the proposal result in exposure of
people to potential health hazards? Possibly
Explanation•
a. Waste oil will be stored on site.
Mitigation•
a. Waste oil will be periodically haul off the
site by a licensed individual.
� f!
CITY OF DIAMOND BAR Case# S Gb2
DEPARTMENT OF PLANNING Recvd
21660 E. Copley Drive Suite 190 Fee $ 2jC
(714)860-2314 Fax (714,)860 3117 Rece' S
;CONDITIONAL. USE `PERMIT ARPLICATION By
Record Owner(s) Applicant Applicant's Agent
Name LANDSING PACIFIC FUND THE WOLFF COMPANY Rick Marrs
(last�a9S f iLotv
Address et Road. , St.101 7700 Irvine Center Dr. , St. 710 8330 Universi
City San Mateo CA Irvine, CA La Mesa, CA
Zip 94402 92718 92041
Phone 415) 513-5252 ql4) 720-1000 :619) 465-2011
(Attach separate sheet if necessary, including names, addresses, and signatures
of members of partnerships, joint ventures, and directors of corporations)
CONSENT: I coyfsVnt to the submission of the application accompanying this request
Signed YC Date VU 16)
(All recorded(ov ers)
Certification: I, the undersigned, hereby certify under penalty of perjury that
the information herein provided is correct to the best of my knowledge.
Printed Name: Cary S. Treff
Signed
pplicant orgAgen
Iicalft V Ag
LocationNorth West corner of Diamond Bar Blvd.and Cold Springs Lane
(Street address or tract and lot nuabed
Zoning C-1 HNM
Previous Cases Goodyear Bldy. Submittal
Present Use of Site Vacant land & parking lot.
Use applied folr
testing and
services incidental thereto(Buildin 13) and 2)
Restaurant, including drive through and general re ail
on pad 15 in two buildings.
Project Size (gross acres) li,`1 ctcreS Project density
Walnut Valley
Domes tic Water Source Yes Company/District Wa•hor Dr-ici-r;,.i-
Yes Los Angeles
Method of Sewage disposal Sanitation DistrictCo my Sanitation
s
Grading of Lots by Applicant? Yes X No
(Shoe necessary grading design on site plan or tent nap)
4J r /L
APPROPRIATE BURDENS OF PROOF MUST ACCOMPANY RE 7�, ST�� j
LEGAL DESCRIPTION (all ownership comprising the proposed lot(s)/parcel(s)
1) Auto use building -,parcel 11 ; 2)Past food drive through and
general retail - parcel 12; 3)ENTIRE SHOPPING CENTER -parcel 1
t roug 5, inclusive of parcel -mao.-, in t e o ice ofthe county
recorder of said county. pA-A�-t- 15-4-22 13. 2.1-1 Pee. Za -zl
Area devoted to structures N/A Landscaping/Open space
Residential Project: N/A and
(gross area) (No. of lots)
Proposed density
(Units/Acres)
Parking Required Provided
Standard 912 968
Compact. A
Handicapped 21 21
Total 933 1053
(A) - 10% Compact parking allowed .
but not required.
CITY OF DIAMOND BAR
DEPARTMENT OF PLANNING
21660 E. Copley Drive Suite 190
-(714)860-2314 Fax *(71 ** 4)860-3il7
113&iEV, APPLICATIOK.)�
Case#
Recvd
$
Receipt—
By
Record Owner(s) Applicant Applicant's Agent
Name Landsing Pacific Fund The Wolff Company Rick Marrs
(Last naze first) 0- -University - a -v
Address 155 Bovet Road,Suitel0l 7700 Irvine Center Dr. 833
City
San Mateo Irvine La Mesa
92718 — 92041
Zip
Phone( 4JL:� 3.L.3 -"'&J4 ('619) 465-2011
(Attach separate sheet if necessary, including names, addresses, and signatures
of members of partnerships, joint ventures, and directors of corporations)
CONSENT: 1,6_d)9sVnt Ito tJ)a,,,submission of the application accompanying this request
Signed
(All recoW ovners)
Date
Certification: 1,
the undersigned, hereby certify under penalty of perjury
that
the information herein provided is correct to the best of my knowledge.
The
Wolff Company,
.5prt_5� -7_rsi_�
Cary S. Tref '64EPPI-rr-
605
("'em / O_
D
Printed Name:
(A anh Agent)
(7 3 -7 -7 el<- F
A.Y-7 /11) 33y-
i
q
pli
Signed
—Date
A
i n or Agent)
. Pad 13-
Country hills
Town Center- Northwest corner of
Diamond Ba;.
Loc at i onv
Zoning C-1 HNV-,
Previous CasGeoodyear Builging submittal.
s
Present Use of Site Parking lot.
Automobile lubiFication, tune-up, smog testing, and
Use applied for ! 0.
.�.',AL DESCRIPTION (all ownership comprising.the proposed lot(s)/parcel(s)
Parcel 2 of parcel map No. 18*7221 in the
of Los Angeles, State of California, nq files
-
M.
countyrecorderof said county. (24.51'
Area devoted to structures _2A2gsg.Ft. Landscaping /Open space
ETOPQSUA Ae"c4tv N/A
(Units/Acres)
Style of Architecture Met�ItPrran an
Number of Floors Proposed 1 Slope of Roof Flat Roof.
tower wil be 6:2
r
CONDITIONAL USE PERMIT CASE -BURDEN OF PROOF
In addition to the information required in the application, the
applicant shall substantiate to the satisfaction of t h e Zoning
Board and/or Commission, the following facts:
A. That the requested use at the location proposed will not:
1. Adversely affect the health, peace, comfort or
welfare of persons residing or working in the
surrounding area, or
2. Be materially detrimental to the use, enjoyment or
valuation of property of other persons located in
the vicinity of the site, or
3. Jeopardize, endanger or otherwise constitute a
menace to the public health, safety or general
welfare.
All work on automobilies will be completed inside
thestructure, oil changing & Tune-ups will not
contribute to an increase in noise or excessive
fumes. The Proposed structure is approximately 12
feet below grade of property owners closest to the
site. Additionally there is asix foot high solid
masonry wall at street level(The level at which the
nearest residence is located). The nearest residence
is approximately 150ft. across Fountian Springs Rd.*
B. That the proposed site is adequate in size and shape to
accommodate the yards, walls, fences, parking and loading
facilities, landscaping and other development features
prescribed in this Title 22. or as is otherwise required
in order to integrate said use with the uses in. the
surrounding area.
The building is only 14.8% of the proposed lot
size. The use only requires 8 to 10 spaces, based
on the 20 other Speedees operating in Southern
California. we are Providing 28 spaces adjacent to
the structure. The proposed landscaping is 24.5% of
the site.
C. That the proposed site is adequately served:
1 By highways or streets of sufficient width and
improved as necessary to carry the kind and quantity
of traffic such use would generate, and
with lighting and -signage directed away from
residence.
2. By other public or private service facilities as are
required.
Project is served by Diamond Bar Blvd., which varies
from 4 to 6 lanes, and ia signaled at the major
entrance to the project. Fountain Springs RRU. serves
the center on it's northeast side and Cold Springs
Lane serves the center on it's southwest sr e.
INITIAL STUDY QUESTIONNAIRE
A. GENERAL INFORMATION
(staff use)
PROJECT NUMBER(s):
-gZ
------------------
------------------
Project Applicant (Owner): Project Representative:
The Wolff Company Cary Treff
7700 Irvine Ctr.,StN&[E 7700 Irvine Ctr.,710 NME
ADDRESS ADDRESS
Irvine,, CA 92718 Irvine, CA 92718
(714)720-1000 (714)720-1000
PHONE # PHONE #
1. Action requested and project description:Approval of
conditional use permit to build and -operate a
Speedee oil change and lube store�iand add a drive-
thru restaurant.
2. Street location of project: Pad area north of theater
in Country Hills Towne Center, NWC Diamond Bar Blvd.
and Cold Springs Lane and k:�qld area north of Burger King.
3a. Present use of site: Par xng Lot
3b. Previous use of site or structures: None
4. Please list all previous cases Goodyear Tire Store
(if any) related to this project:
development review application.
5. Other related permit/approvals required.
I
Specify type and granting agency.
6. Are you planning future phases of this project? V N
I yes, explain: Goodyear building on pad 14 and,drive-thru
Restaurant and shop building on pad 15.
7. Project Area: Covered by structures, paving:
Landscaping.
Sq. ft.
Landscaping. open space: PasRJv(- 121,443 Sq.ff-.-Active-
Total Area: 770,576 Sq --ft. 40,841Sq.ft.
8. Number of floors:
9. Present zoning: C-1
10. Water and sewer service:
WAI-h.'Ut Valley Water District Domestic Public
Los Angeles County Sanitatioh Water Sewers
Does service exist at site? "D N 'P N
If yes, do purveyors have
capacity to meet demand of
project and all other approved Water Sewer
projects? 0 N Y 0
If domestic water or public sewers Erle of available, how will these
services be provided? Sewer will be ava-1, abe in the
summer of 1992. Der the L.A. Coun-tv DeDartment o ublic Works.
Residential Projects: Not Applicable
11. Number and type of units:
12. Schools:
What school district(s) serves the property?
Are existing school facilities adequate to meet project needs?
YES NO
If not, what provisions will be made for
classrooms?
additional
Non -Residential projects:
13. Distance to nearest residential use or sensitive use (school, hospital,
etc.)150 feet to nearest reidential use.
14. Number and floor area of buildings: One story, 2847 Sq. ft.
15. Number of employees and shifts: 4
16. Maximum employees per shift: 4
17. Operating hours. 8-5:30, Monday through Saturday.
18. Identify any: End products None
Waste products Waste oil & ATF.
Means of disposal Removal by licensed individual.
19. Do project operations use, store or produce hazardous substances such as
oil, pesticides, chemicals, paints, or radioactive materials?
YES NO
If yes, explain -Fresh & waste oil & ATF fluid.
20. Do your operations require any pressurized tanks?
"YES NO
If yes, explain Air Compressor
21. Identify any flammable, reactive or explosive materials to be located on-
site. Fresh oil & ATF fluid.
22. Will delivery Or shipment trucks travel through residential areas to reach
the nearest highway?
YES
If yes, explain Trucks will travel on Cold Springs Lardej
-Diamond Bar Blvd, and Fountain SpriM --Road, all
-adjacent to residential areas.
'1150113 1 In •' - •
1. Environmental Setting --Project Site
a.
Existing use/structuresTne site is currently
a --shopping
center with single story buildings.
b.
Topography/ slopes The land slopes gradually
away
from Diamond Bar Blvd.
*c.
Vegetation N/A
*d.
Animals N/A
*e.
Watercourses N/A
f.
Cultural/historical resources None
g.
Other N/A
2. Environmental Setting -- Surrounding Area
a.
Exi -z * ing uses structures (,types, densities): 'The
-of
surrounding
area is made up -sing -Le family detached
homes.
b.
To ogr apte / slope s The area northeast of the property
is hilly. The other surrounding areas are
generally
a.
*c.
Vegetation N/A
*d.
i
Animals N/A
*e. Watercourses N/A
f. Cultural/historical resources None
g. Other
N/A
* Answers are not required if the area does not contain natural,
undeveloped land.
3.
4.
Are there any major trees on the site, including oak trees?
YES
If yes, type and number:
Will any natural watercourses, surface flow patterns, etc., be changed
through project development?:
YES XM
If yes, explain:
5. Grading:
Will the project require grading? YES NO
If yes, how many cubic yards? 200cy from pit excavation.
Will it be balanced on site? YES NO
If not balanced, where will dirt be obtained or deposited?
To be deposited at nearest approved disposal
location.
6. Are there any identifiable landslides or other major geologic hazards on
the property (including uncompacted fill)?
via MEMN
If yes, explain:
7. Is the property located within a high fire hazard area (hillsides with
moderately dense vegetation)?
YES
Distance to nearest fire station:
8. Noise:
Existing noise sources at site: None
Noise to be generated by project: None
9. Fumes:
Odors generated by project: None
Could toxic fumes be generated? possibly from car.-, bc--ing--tuned.
10. 'What energy -conserving designs or material will be used?
Fluorescent lighting, low flow toilets.
CERTIFICATION: I hereby certify that the statements furnished above and in
the attached exhibits present the data and information required
for this initial evaluation to the best of my ability, and that
the facts, statements, and information presented are true and
correct to the best of my knowledge and belie
0 16i t
Dat
Si kwtV
For: %
[Ni -W
Background
Name of Applicant: 7h z4
Address and Phone Number of Proponent:
3. Name, Address and Phone of Project Contact:
4.
Da*t e of Environmental
Information Submittal:
5.
Date o f Environmental
Checklist
Submittal:
6.
Lead A g e n c..y (Agency
Required
Checklist
7.
Name of Proposal if applicable
(Tract No.
if Subdivision):
Cu
8.
Related Applications (under the
authority of
this environmental
determination):
YES NO
Variance:
Conditional Use Permit:
Zone Change:
General Plan Amendment:
(Attach Completed Environmental Information
Form)
10
m
II.
Environmental Impacts:
(Explanations
and additional
information
to supplement all "yes" and "possibly"
answers are required to be submitted on attached sheets)
YES
NO POSSIBLY
/ 1.
Earth.
Will the proposal result in:
a.
Unstable earth conditions or changes in
geologic substructures?
b.
Disruptions, displacements, compaction or
overcovering of the soil?
/
V/--
C.
Change in topography or ground surface relief
features?
d.
The destruction, covering or modification
of any unique geologic or physical feature?
e.
Any increase in wind or water erosion of
soils, either on or off the site?
f.
Changes in deposition, erosion of stream
banks or land adjacent to standing water,
changes in siltation, deposition or other
processes which may modify the channel of
constant or intermittently flowing water as
well as the areas surrounding permanent or
intermittent standing water?
g.
Exposure of people or property to geologic
hazards such as earthquakes, landslides,
mudslides, ground failure, or similar
hazards?
2.
Air.
Will the proposal result in:
a.
Substantial air emissions or deterioration
I
of ambient air quality?
/
+�
b.
The creation of objectionable odors?
V
C.
Alteration of air movement, moisture, or
temperature, or any changes in climate,
either locally or regionally?
/ 3.
Water.
Will the proposal result in:
v
a.
Changes in currents or the course or
direction of water movements?
YES NO POSSIBLY
- Z
b.
Changes in absorption rates, drainage
patterns, or the rate and amount- of surface
run-off?
C.
Alterations of the course or flow of flood
waters?
d.
Changes in the amount of surface water in
any body of water?
e.
Discharge into surface waters, or in any
alteration of surface water quality including
but not limited to dissolved oxygen and
turbidity?
f.
Alteration of the direction or rate of flow
of ground waters?
9.
Chan ' ge'in. the quantity of ground waters,
either through direct additions or
withdrawals, or through interception of an
aquifer by cuts or excavations?
h.
Substantial reduction in the amount of water
,otherwise available for public water
supplies?
i.
Exposure of people or property to water
related hazards such as flooding?
4. Plant
Life. Will the proposal result in:
a Change in the diversity of species, or number
of any species of plants (including trees,
shrubs, grass, crops, and aquatic plants)?
b. Reduction in the numbers of any unique rare
of endangered species of plants?
C. Reduction in the size of sensitive habitat
areas or plant communities which are
recognized as sensitive?
d. Introduction of new species of plants into
an area, or in a barrier to the normal
replenishment of existing species?
e. Reduction in acreage of any agricultural
crop?
YES NO POSSIBLY
4.
Animal Life. Will the proposal result in:
V/
a.
Change in the diversity of species, or number
of any species of animals (birds, land
animals including reptiles, fish,. and
shellfish, benthic organisms and insects)?
b.
Reduction in the numbers of nay unique rare
or endangered species of animals?
+�
C.
Introduction -of new ,species of animals into
an area, or in a barrier to the normal
migration or movement of resident species?
d.
Reduction in size or deterioration in quality
of existing fish or wildlife habitat?
6.
Noise. Will the proposal result in:
a.
Significant increases in existing noise
levels?
b.
Exposure of people to severe noise levels?
7.
Light
and Glare. Will the proposal result in:
a.
Significant new light and glare or contribute
significantly to existing levels o.f light
and glare?
S.
Land
Use. Will the proposal result in:
Va.
A substantial alteration -of the present or
planned land use in an area?
9.
Natural Resources. .Will the proposal result in:
a.
An increase in the rate of use of any natural
resources?
10.
Risk
of Upset. Will the proposal result in:
a.
A risk of an explosion or the release of
hazardous substances (including but not '
limited to, oil, pesticides, chemicals or
radiation) in the event of an accident or
upset condition?
YES NO POSSIBLY
V/
V/
VZ
Z
b Probable interference with an emergency
response plan or an emergency evacuation
plan?
11. Population. Will the proposal:
a. Alter the location, distribution, density,
or growth rate of the human population of
an area?
12. Housing. Will the proposal affect:
a. Existing housing, or create a demand for
additional housing?
13. Transportation/Circulation. Will the proposal
result
in:
a.
Generation of Substantial additional
vehicular movement?
b..
Effects on existing parking facilities or
demand for new parking?
C.
Substantial impact ori existing transportation
systems?
d.
Alterations to present patterns of
circulation or movement of people and goods.
e.
Alterations to waterborne, rail or air
traffic?
f.
Increase in traffic hazards to motor
vehicles, bicyclists or pedestrians?
14. Public Services: Will the proposal:
a.
Have an effect upon, or result in the need
for new or altered governmental services in
any of the following areas:
1. Fire Protection?
2. Police Protection?
3. Schools?
4. Parks or other recreational facilities?
5. Maintenance of public facilities,
_..including roads?
6. Other governmental services?
15.
Energy. Will the proposal result in:
a. Useof substantial amounts of fuel or energy?
b. Substantial increase in demand upon existing
energy sources or require the development
of new sources of energy?
16.
Utilities. Will the proposal result in:
a. A need for new systems, or Substantial
alterations to public utilities?
17.
Human Health. Will the proposal result in:
a. Creation of any health hazard or potential
health hazard (excluding mental health)?
V
b. Exposure of people to potential health
hazards? j->r;qv::5^,L
18.
Aesthetics. Will the proposal result in:
a. The obstruction of any scenic vista or view
open'to the public, or will the proposal
result in the creation of an aesthetically
offensive site open to the public view?
19.
Recreation. Will the proposal result in:
a. An impact upon the quality Or quantity of
existing recreational opportunities?
20.
Cultural Resources. Will the proposal result in:
a. The alteration of or thedestauction of a
prehistoric or historic archaeological site?
YES NO POSSIBLY
b. Adverse.physical or aesthetic effects to a
prehistoric or historic building, structure
or object?
V/_ C. A physical change which would affect unique
ethnic cultural values?
d. Restrictions on esti sting religious or sacred
uses within the potential impact area.
.21. Mandatory Findings of Significance?
a. Does the proposed project have the potential
to degrade the quality of the environment
substantially reduce the habitat of a fish
orwildlife species, cause a fish or wildlife
population to drop below self sustaining
levels, threaten to eliminate or
significantly reduce a plant or animal
community, reduce the number or restrict the
range of a rare or endangered plant or animal
Or eliminate important examples of the major
periods of California history or prehistory?
b. Does the proposed project have the potential
to achieve short-term, to the disadvantage
of Tong -term, environmental goals?
C. Does the proposed project pose impacts which
are, individually limited but cumulatively
considerable?
d. Does the project pose environmental effects
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
III. DISCUSSION OF ENVIRONMENTAL EVALUATION:
(Attach Narrative)
IV. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a
significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a
significant effect on the environment, there will
not be a significant effect in this case because . the
mitigation measures described on the attached sheet
have been incorporated into the proposed project.
A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED.
I find that the proposed project MAY have a significant
effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
Date: 2- Signature:
T x�
i t le
For the City4f Diamond Bar, California
OAK TREE STATEMENT
The subject property contains no oak trees.
[ ] The subject property contains one or more oak trees, however the
applicant anticipates that no activity (grading and/or construction)
will take place within.five (5) feet of the outer dripline of any
oak tree.
[ ] The subject property contains one or more oak trees and the applicant
states that activity (grading and/or construction) will take place
within five (5) feet of the outer dripline of any oak tree. an Oak
Tree Permit has been or will be applied for prior to any activity
taking place on the property.
41,
31(Applica s ature) ((l
CONDITIONAL USE PERMIT - AND
PARKING PERMIT CASES NO. 87002-(1)
REGIONAL PLANNING COMMISSION HEARING DATES:
... Commission:
Procedure before ion:
.. Hearing
....... ..... .
First Hearing - October 28, 1987:
October 28, and
December 21 1987
The applicant's representatives testified in favor of a request
to construct and operate a motion picture theater as a part of an
expansion of an existing shopping center and to allow less than
the required parking within the center located on DiamondBar
Boulevard between Cold Springs and Fountain Springs Roads.
Four persons testified on the proposal, offering their sugges-
tions to mitigate possible impacts to the surrounding community
from increased traffic and request additional buffering features.
around the periphery of the shopping center.
The Commission continued the case for a field inspection of,the
site.
Field Meeting 1981:
The Commission inspected the site. All members were present.
Second Hearing -'b'e'c*e'mb'e'r*21'1981:
The applicant and his architect presented a revised plan which
provided for a reduction in the number of seats within the thea-
ter and the proposed new restaurant facilities within the center.
The Commission indicated that an additional driveway should be
provided on the north side of the center to Fountain Springs
Road to expedite traffic ingress and egress.
Two persons testified with additional suggestions regarding em-
ployee parking and details on the renovation of the existing
center.
There being.no further testimony, the Commission closed the pub-
lic hearing and, by a vote of 5 to 0, instructed the staff to
prepare findings and conditions for approval.
FINDINGS:
1. The request is to construct and operate a motion picture
theater as part of an expansion and renovation of an existingi,
shopping center and to allow less than the required parking
within the center. Parcel Map 18722 was considered in con-
junction with this request to create 15 commercial parcels.
CONDITIONAL USE PERMIT AND Page 2
PARKING PERMIT CASES NO. 87002-(l)
2. The 18.5 acre subject property is located along the westerly
side of Diamond Bar Boulevard between Cold Springs Road and
Fountain Springs Road, Diamond Bar', and is addressed from
2801 to 2836 Diamond Bar Boulevard. In its approved form,
access to the complex would be via driveways along all 3
frontages.
3. Diamond Bar'Boulevard is a partially improved major County
highway. Cold Springs and Fountain Springs Roads are collec-
tor streets. The Department of Public Works has requested
that a traffic signal be,installed at the intersection of
Sugar Pine Lane with Diamond Bar Boulevard. The signal would
control traffic at the shopping center's main entrance oppo-
site Sugar Pine Lane. Provision of accelaration and right
turn lanes at the entrances are also requested.
4. The site is irregular in shape, and varies from level to
sloping topography.
5. Surrounding land uses include single family homes to the
north and south, vacant land and single family homes to the
east, and single family homes separated by a flood control
channel to the west. .
6. The site is designated as "Commercial" on the bi*aim'ond'Ba'r'
.. ...... ....
community.
ommunity . General Plan. Expansion of the center would be i
keeping with this land use category. The Diamond Bar Munici-
pal Advisory Council has recommended approval of the re-
quest.
7. The subject property is located within the C-1 Zone (Restric-
ted Commercial) of the San Jose Zoned District. A Condit- ;<
ional Use Permit is required in this zone to operate a motion'
picture theater. A Parking Permit is required to allow a
reduction of the required parking on the basis of shared use
of the available parking.
8. The site plan and elevation, Exhibit "A", show the proposed
shopping center expansion which would include the proposed
9-plex movie theater, shown as space No. 11. Retail busi-
nesses in spaces 2, 6 and 7 remain as existing. Spaces 5, 8,
9, 12, 10 and 11 would be new construction attached to spaces
6 and 7. Six separate detached structues, (Numbers 13, 15,
16, 17, 18 and 19) would be new construction housing retail
commercial and restaurants. Food service uses would total
750- seats and the theater would seat a maximum of 1,400 per-
sons. Total building coverage would be approximately 207,000
square feet. Total onsite parking would be 1,070 spaces.
CONDITIONAL USE PERMIT AND
PARKING PERMIT CASES NO. 87002-(1) Page 3
9. The applicant's original proposal was for a 1,600 seat movie
theater an ' d 1000 restaurant seats together with the general
commercial space enumerated above. Applying ordinance stan-
dards,,.,:..;'Jl existing and proposed uses in the center would
have required about 1,265 spaces. Of the 1,070 spaces pro-
posed by the applicant, 160 would have been located behind
the center, where they would not have been conveniently ac-
cessible to patrons. In support of this proposal, the appli-
cant submitted a parking study which projected a peak hour
parking demand for the twentieth highest shopping day of the
year of 826 spaces based on less than full occupancy for the
movie theater and differing peak hours for the retail and
restaurant -movie theater uses.
10. The Commission found the applicant's original proposal un-
acceptable in that it would likely result in overflow parking
onto neighboring residential streets. The applicant subse-
quently reduced the proposed theater and restaurant seating
so that the center would be approximately 30 spaces below the
ordinance standard. The applicant further agreed to redesign
the center so as to improve access to the 160 spaces at the
rear of the center. Since the parking demand by retail pa-
trons will significantly decline during the restaurant -thea-
ter peak hours and the applicant proposes only a minor reduc-
tion of parking below standard and will improve the accessi-
bility of the provided spaces, grant of the reduction will
not result in parking on the neighboring streets.
11. The applicant's Plan included a . provision that there be no
vehicular or pedestrian access to the center from Fountain
Springs Road. This proposal was made at the request of the
neighboring community in the belief that it would minimize
the use of Fountain Springs Road by the shopping center's
patrons. In the Commission's view, denying access from Foun-
tain Springs Road would not significantly reduce traffic on
that street and would likely increase traffic on other
streets in the area and be detrimental to the efficient use
of parking within the center. An access drive from Fountain
Springs Road should therefore be provided. Any restrictions
on turning movements needed for safety reasons should be left
to the Department of Public Works.
12. An Initial Study was prepared
repared on this project in compliance
with the State CEQA Guidelines and the environmental report-
ing procedures of the County of Los Angeles. It was origi-
nally determined that the proposed project might exceed es-
tablished threshold criteria for the traffic and access
service factors.
CONDITIONAL USE PERMIT AND page
PARKING PERMIT CASES NO. 87002-(1)
13. The applicant has modified the project so that it can now be
determined that that it will not have a significant effect on
the environment by agreeing to all conditions recommended by
the Department of Public Works in connection with Parcel Map
18322.
BASED ON THE FOREGOING, THE COMMISSION CONCLUDES:
With respect to the Conditional Use Permit:
A. The proposed use with the attached conditions and restric-
tions will be consistent with the adopted general plan for
the -area.
B. As modified and with the attached restrictions and condit-
ions, the requested use, at the location proposed, will not
adversely affect the health, peace, comfort or welfare of
persons residing and working in the surrounding area, and
,will not be materially detrimental to the use, enjoyment or
valuation of property of other persons located in he vicinity
of the site, and will not jeopardize, endanger or otherwise
constitute a menace to the public health, safety and general
welfare.
C. Except for the modification to ordinance standards recom-
mended in the accompanying Parking Permit, the proposed site
is adequate,in size and shape to accommodate the yards,
walls, fences, parking and loading facilities, landscaping
and other development features prescribed in the Zoning ordi-
nance, and as is otherwise required in order to integrate the
use requested with the uses in the surrounding I area.
D. The proposed site has adequate traffic access and said site
is adequately served by other public and private service
facilities which it requires.
With respect 'to the Parking Permit:
E. There will be no conflict arising from special parking ar-
rangements allowing shared facilities because the peak hours'.1
of the retail commercial businesses differ from the motion
picture theater.
F. The re . quested parking permit at the location proposed will
not result in traffic congestion, excessive offsite parking,
or unauthorized use of parking facilities developed to serv-
ice surrounding property.
Page
CONDITIONAL USE PERMIT AND
PARKING PERMIT CASES NO. 87002-(1)
And, therefore, the information submitted by the applicant and
presented at the public hearing substantiated the required find-
ing's for a Conditional Use Permit and Parking Permit as set for . th
in Sections 22..56.090 and 22.56.1060 . of the County Code.
COMMISSION ACTION:
1. The Regional Planning Commission approves the negative decla-
ration for the project,- certifies that it has reviewed and
considered the environmental information contained in the
Initial Study, and determines that the proposed project will
not have a significant effect on the environment.
2. In view of the findings of fact presented above, Condwithitional
Use Permit and Parking Permit 8.7002-(J) are GRANTED the
attached conditions.
3. The road improvements and acquisition required by this grant
are determined Code)
insnonof
the Governmenwith the County of Los Angeles Gene0ral
Plan.
50
CONDITIONAL USE PERMIT AND
PARKING PERMIT CASES NO. 87002-(1)
Am )
CONDITIONS
Page 2
8. This grant allows the construction and operation of a motion
'picture theatre (cinema) with less than standard parking
subject to the following restrictions as to use:.
a. The cinema shall have not more than 1,400 seats.
b. 'Restaurants and other assembly uses within the overall
shopping center (as depicted on the applicant's site
plan) shall not exceed 750 occupants. Each take out foo ' d
establishment shall be regarded as having a minimum occu-'
pancy.of 30 persons for the purposes of this condition
and the computation of parking requirements.
C. Parking for the cinema may be provided at the rate of one
space for each 3.25 seats if at least 245 parking spaces
not assigned to the cinema, a restaurant or any other
assembly occupancy have been developed with the shopping
center.
The parking provided shall in all other respects comply
with the requirements of the County Code and the addi-
tional provisions of this grant.
d. Not more than 10 percent of the required parking may be
compact depth'spaces. These sha.11 be distributed
throughout the center to increase the amount of landscap-
ing within the parking lots. All other spaces shall be
standard sized or larger.
e. The permittee shall, as a condition of tenancy in the
center, prohibit the blocking of required parking and the
access thereto by delivery trucks or trailers and shall,
to the extent practical, restrict delivery to hours of
off-peak parking demand.
f. The permittee shall, as a condition of tenancy in the
center, prohibit employers from requiring employees who
drive to work to park on neighboring residential streets
and shall implement a plan whereby employees will park in
portions of the center where patron parking demand is the
lightest.
g. The permittee shall provide adequate qualified personnel
in the parking areas from dusk through one-half hour
after closing of the cinema to discourage loitering and
littering and to encourage maximum useage of available
parking facilities by providing patron security.
'CONDITIONAL USE PERMIT AND
PARKING PERMIT CASES NO. 87002-(1)
CONDITIONS
1. Unless otherwise apparent from the context, the term "per-
mittee" shall include the applicant and any other person,
corporation, or other entity making use of this grant.
2. This grant shall not be effective for any purpose until the
permittee and the owner of the property involved (if other
than the permittee) have filed at the office of the Depart-
ment of Regional Planning their affidavit stating that they
are aware of, and agree to accept, all of the conditions of
this grant, and the owner of the subject property has filed
the covenant referred to in Condition 9 with the County
Recorder.
3. The permittee shall' defend, indemnify and hold harmless the
County, its agents, officers, and employees from any claim,
action, or proceeding against the County or its agents, offi-
cers, or employees to attack, set aside, void or annul this
permit approval, which action is brought within the applica-
ble time period of Government Code Section 65907. The County
shall promptly notify the permittee of any claim, action, or
proceeding and the County shall cooperate fully in the de-
fense. If the County fails to promptly, notify the permittee
of any claim, action or proceeding, or if the County fails to
cooperate fully in the defense, the permittee shall not
thereafter be responsible to defend, indemnify, or hold harm-
less the County.
4. This grant will expire unless used within 2 years from the
date of approval. A one year time extension may be requested
before the expiration date.
5. If any provision of this grant is held or declared to be
invalid, the permit shall be void and the privileges granted
hereunder shall lapse.
6. The subject property shall be developed, maintained and oper-
ated in full compliance with the conditions of this grant and
any law, statute, ordinance or other regulation applicable to
any development or activity on the subject property. Failure
of the permittee to cease any development or activity not in
full compliance shall be a violation of these conditions.
7. Notice is hereby given that any person violating a provision
of this grant is guilty of a misdemeanor. Notice is further
given that the Regional Planning Commission may, after con-
ducting a public hearing, revoke or modify this grant, if it
finds that these conditions have been violated or that this
grant has been exercised so as to be detrimental to the pub-
lic health or safety or so as to be a nuisance.
JAN-08-19'2 14:42 FROM AUSTIN-FOUST TO 8613117 P.02
rWA 9, P, MY V- i FO MY r A SSO CIA TfSVC,
et N 0 I'Vcepl ev'a 4 AP' Avr,-,9 17 rA r/ om p1, v vIN-,
2020 NORTH TUSTIN AVENUE '0 SANTA ANA, CALIFORNIA 92701 TELEPHONE (714) 667-0496
FAX (714) 667-7952
MEMORAMUM
TO: Bart Porter.. Wolff Company
FROM. Cathy Lawrence, Transportation Engineer
SUBJECT: COLWMY HILLS TOWNE CENTER
DATE: January 8, IW2
The Country Hills Towne Center shopping center in Diamond Bar consists of 139,200 square
feet of existing retail, theater and fast food uses, and 38,000 square feet of proposed and unoccupied
ns, -_,i_ Amstin-Foust Asv-,ciate-s, Inc, (AFA) conducted an analysis of the impact of development of
the remaining square footage -on the intersections of Diamond Bar Boulevard at Cold Springs Lane
and Diamond Bar Boulevard at Fountain Springs Road during the AM and PM peak hours.
The proposed and unoccupied uses consist of 33,010 square feet of retail uses, 2,895 square
feet of restaurant uses, and 2,130 square feet of fast food uses. Trip generation rates for these land
uses were obtained from the Institute. of Transportation Engineers (rM) Trip Gunuratiun Manual,
Fifth Edition. The table below summnrizes these trip rates and the ree.ulting trip generation.
LAND USE
LAND USE AND TRIP GENERATION
--AM PEAK HOUR—
LTNM IN OUT TOTAL
--PM PEAK HOUR. --
IK OUT TOTAL
ADT
TPJP RATES
Retafl
TSF
1102
.0
1.62
$28
128
6.56
70.67
Quality Rea2urza
TSF
.86
q2.
5A6
7..M
7.66
96.51
Fast Food
TSF
2£.34
27.22
�5JS6
10.00
17_4;3
'_z6.53
632.12
TM? GENMT(ON
RcLiH (ptopm. cd)
12,773 '�F
13
9
21
42
42
84
90
Kew (un=Upea)
ZFE?z 1611
'Li
1;6
33
67
67
134
1433
Quality Remumnt
2.90 =
2
0
2
16
7
23
280
Fast Food
2.13 TSF
60
58
119
40
37
77
1346
TOTAL,
%
71S
1*74
165
153
318
3959
1
JAN -08-1992 14:43 FROM AUSTIN-FOUST TO e613117 P.03
As this table indicates, the remaining uses, will ge ne-ratc. N59 trips daily, of which 174 will bz
generated in the AM peak hour and 318 will be generated in the PM peak hour.
Existing AM and PM peak hour intersection volumes were counted at Diamond Bar
Boulevard and Cold Springs Lane and at Diamond Bar Boulevard and Fountain Springs Road in
August, 1991 by Traffic Data Service -s, Inc. (TDS). The existing counts at thew intersections include
traffic currently generated by the existing uses at the project site.
Traffic generatcd by the proposed and unoccupied uses was distributed to the existing
circulation system according to the -general distribution presented in 'Traffic Impact and Parking
Dcmand Study - Country Hills Towne Center", by Associated Traffic Consultants, April 1987. The
resulting
h C -
resulting project -generated intersection peak hour trips were added to the existing peak hour
intersection county, to obtain existing -plus -project AM and PM peak hour intemectinn volumes- AM
and PM peak hour intersection capacity utilization (ICU) values for existing and existing -plus -project
conditions are, preseuted in the following table (actual ICU calculation sheets ate attached).
ICU SUMMARY
EXISTING
=91'tNU + PROJECT,
INTERSECTION AM Pm AM FM
1. J)imnond Bar & Cold Springs .69 .79 171 .72
2- Di=ond Bar & Fountain Springs .66 62 47 AS
Level of tenice ranges: .00 - .60A
.61- .70 B
.71 -AC
.181 -.90 D
.91 - 1.00 E
Above 1.00 F
As this table indicates, both intersections will operate at level of service (LOS) "C" or better
with the addition of traffic generated by the proposed and unoccupied uses.
'the shopping center provide,-, 1,05-1 parking spaces, 120 more than required by City Code.
The parking required by the existing theater.: is 431 spaces. The location of the Spec -Dei-, Oil
building, east of the theater, displaces 47 spaces which 'atrons of the theater would have utilized.
. P
As a result, 47 theater -goers will have to park in the main parking area as far as 5W feet from the
theater, as opposed to 250 to 3W feet fit m- the theater.
SUMMARY
Devt,-JopmenT of rite I -maining square fbutagc. of tllo shopping wuL,*r, m well as lu v
the, unoccupied space, will result in no slgalfivuut ijupm;(b tv Llm iuw=wA;tivm uf Di -tumid Dai
.
Boulevard at Cold Springs Lane and Diamond Bar Boulevard at: Fountain .9p-ringq Road. These,
2
JAN -08-1442 14:44 FROM AUSTIN-FOUST TO 8613117 P.04
intersections will continue to operate at LOS °C" or better in the AM and PM peak hours. In
addition, the theater parking displaced by the Spee Dee Coil building will be replaced by spaces in the
main parking area.. Although the substitute spaces in the main area are 250 feet farther away, the
distance of these spaces from the theater remains within reasonable walking distance.
3
JAN -08-1992 14:44 FROM AUSTIN-FOUST TO 8613117 P.05
1. Diamond Bar & Cold Springs
Existing
+
Project
AM PK
HOUR
PM PK
HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/c
NBL 1
1500
8
.05*
84
.06
NBT 2
3200
144
.05
1312
.43*
NBR 0
0
5
NBR
57
0
SBL 1
1500
17'
.05
95
.06*
SBT 2
3200
1375
.44*
270
.10
SBR 0
0
46
.45*
44
.11
EBL 1
1500
26
.05*
58
.05*
EBT 1
1600
7
.05
55
:05
EBR 0
0
34
1
20
13
WBL 1
1500
32
.05
20
.05
WBT 1
1600
32
.05*
23
.06*
WBR 0
0
44
20
66
WBT
Clearance Interval
1600
.10*
-
.10*
TOTAL CAPACITt' UTILIZATION .69 .70
Existing
+
Project
AM PK
HOUR
PM PK
HOUR
LANES CAPACITY
VOL
V/C
VOL
V/C
NBL
1
1500
8
.05*
96
.06
NBT
2
3200
157
.05
1324
.43*
NBR
0
0
5
57
SBL
1
1500
20
.05
112
.07*
SBT
2
3200
1386
.45*
295
.11
SBR
0
0
52
46
EBL
1
1500
29=
.05*
62
.05*
EBT
1
1600
13
.05
61
.05
EBR
0
0
37
26
WBL
1
1500
32
.05
20
.05
WBT
1
1600
32
.06*
36
.07*
WBR
0
0
58
78
Clearance
Interval
.10*
•10*
TOTAL CAPACITY UTILIZATION .71 . .Jz
JAN 00 1092 14:15 MOM AUSTIN FOUGT TO OG13117 P. OG
2. Diamond Bar & Fountain Spring
Existing
Project
AM PK
HOUR
PM PK
HOUR
LANES
CAPACITY
VOL
V/C
VOL
V/C
NBL 1
1500
24
.05*
29
.05
NBT 2
3200
Z11
.07
1455
.4+6*
NBR 0
0
0
0
SBL 0
0
0
0
SBT 2
3200
1440.
.46*
566
.19
SBR 0
0
17
53
EBL 0
0
12
64
EBT 1
1600
0
.05*
0
.06*
EBR 0
0
17
24
WBL 0
0
0
0
WBT 0
0
0
0
WBR 0
0
0
0
Clearance Interval
Interval
.10
.10*
.10'*
TOTAL CAPACITY UTILIZATION .62
Existing +
Project
AM PK
HOUR
PM PK
HOUR
LAMES
CAPACITY
VOL
V/C
VOL
V/C
NBL 1
1500
24
.05*
29
.05
NBT 2
3200
236
.07
1509
.47*
NBR 0
0
0
0
SBL 0
0
0
0
SBT 2
3200
1479
.47*
624
.21
SBR 0
0
17
62
EBL 0
0
15-
72
EBT 1
1600
0
.05*
0
.06*
EBR 0
0
20
31
WBL 0
0
0
- 0
WBT 0
0
0
0
WBR 0
0
0
0
Clearance
Interval
.10*
.10*
TOTAL CAPACITY UTILIZATION .67 .63
mmwslol
muileam
uslawesa
Cal/lomm92626
n4'moo00o
FAX n4ramm
T�A
/.m ` N
wAv& d e I
PARKING ANALYSIS
COUNTRY 8IIIS IOW«D CE0I8R
Tbe NadeI Partoezablp Inc.
May 2, l99I
Partnership | DC'
Building No. T^~�~��~�n~�t
� AroNle:him
2
Day Care
7.450
' nom"ng
' Inferiors
3
Retails
9'100
;
4
Retail
8,70O
�
5
Alpha Beta
23,200
�
/
G (excl.
6D) 8utalIa
12,000
|
'
*GD
Pizza
2,400
!
7
Thrifty
2I,440
�
D
Retails
I0'720
9
Retails
6'580
!
|
*10dDe
-------�-_
3,795
Il
Cinema
23'428
12D
Retail
900
�
*I2& D &
.
O Bbo� Doe
2 .895
i
I3
8�e�dv Oil
'
2 D47
'
�
14
gnn6vear
5'080
*15
Future Fond Use
10.000
*16
Burger Klug
3'240
17
Retails
9,750
*18
K.F.C.
2'I30
19
Retail (2 -story)
I6,812
TOTAL DDVDID8D:
TOTAL AVAILABLE: (Includes loss of 27 apeuma at K.F.C. area,
and Inaa of 18 ayocea at -"Speedy -Oil" area)
Cars Reauired
30
23
22
58
30
27 (82 seats)
54
27
16
40 (I20 seats)
431 (1,400 seats)
3 (90 aoeta)
30
7
13 //
67 (200 seats)
26 (79 seats)
24
18 (55 seats)
42
988
t
1
1 ,
To: Diamond Bar City Planning Department
Diamond Bar City Planning Commission
From: Robert Gannon
2641 Rising Star Dr.
Diamond Bar, Ca. 91765
Re: Proposed SpeeDee Oil Change Shop and
Goodyear Tire Center in
Country Hills Towne Center
r:r J
CITY OF
D1AN'iiUND EAR ,-
J:
IAN 7 1992
P1 A.lNlPJG 1, r
173
N
This letter is in protest to the proposed SpeeDee Oil Change Shop
and Goodyear Tire Center in Country Hills Towne Center.
Both business create objectional levels of noise and exhaust fumes.
Both business are unintelligently proposed at the extreme north end
of the Towne Center bordering Fountain Springs. The distance
between the proposed businesses and the nearest homes is
approximately 100 feet. Country Hills Towne Center is completely
surrounded by residential zones with no buffer zone between the
two. This center cannot accommodate noisy, nuisance -type
businesses like the proposed above.
Both businesses will lower surrounding property values by their
proximity to a nuisance -type business.
I have lived on the corner of Rising Star and Fountain Springs,
directly across the street from the proposed businesses, for 29 1/2
years.
I am a service -mechanic and have worked in an auto/truck repair
facility for over 12 years and know the noise and exhaust levels
that are created in such businesses.
Although SpeeDee Oil Change may not have the level of auto repair
of Goodyear, what they do is still a nuisance.
They will have an air compressor going on and off all day long to
0
build up air pressure in the.tank. Grease pumps using air pressure
are noisy. I have been told SpeeDee will not use air impact
wrenches, also called air guns because that's what they sound like -
machine guns. I do not believe that.. All mechanics have air guns
in their tool box. If they have' them and air pressure is
available, they will use the guns. There will be opportunities to
use them in the course of their work, replacing parts and other
service operations. And there is always the possibility that
SpeeDee MAY expand their repair operations in the future.
Exhaust fumes from idling cars are another problem. Unfortunately
,the fumes upon exiting the building will not go straight up to a
great height to be dissipated. They will be carried by the winds
north towards the adjacent homes and either up or down depending
upon the vagaries of wind currents. The prevailing wind is from
south to north. Anyone interested can stop by BurgerKing in the
Towne Center and watch the smoke from the grills after it exits the
vents and the effect of the winds upon it. This will give a good
idea what happens to the exhaust fumes.
The proposed location for SpeeDee oil change is now part of the
center parking area adjacent to the Krikorian Theaters. I think
it unwise to remove any existing parking from the center,
especially around the theater. Many times the parking areas are
practically full. The Towne Center is not yet built up completely
and existing store space is about 1/13 vacant. When the center is
.fully developed and all stores open, the lack of sufficient parking
space may force cars onto neighborhood streets.
Most everyone has taken their car in for tire, brake or engine
repair to a repair facility like a Goodyear Tire Center. Everyone
knows the noise level there. The frequent rat -a -tat -tat of the air
guns removing and installing wheel lug nuts is too loud to be so
close to homes and offices. Noise from steel tire irons and tire
rims dropped on a concrete floor carries far. Noisy machines
include air compressors, tire mounting machines and air pressure
grease p -,Imps. Brake repair creates an asbestos danger from the
brake linings. All this and auto exhaust fumes too. There is
enough incidental noise from the center without putting in a
business that creates it.
There is one Goodyear Tire Center in Pomona.
There is one Goodyear Tire Center in Ontario.
There is one Goodyear Tire Center in Montclair.
There is one Goodyear Tire Center in Chino Hills.
There is one Goodyear Tire Center in -Rowland Heights.
There is one Goodyear Tire Center in Hacienda Heights.
There is one Goodyear Tire Center in La Puente.
There is one Goodyear Tire Center in Diamond Bar already, plus a
Firestone Tire Center.
Question: Why does Diamond Bar need two Goodyear Tire Centers?
4
Adjacent to the proposed Goodyear Tire Center (to the east, corner
of Fountain Springs and Diamond Bar Blvd. ) is a ten unit office
Ice
buildingthatincludes among them -'a -dental' 'office and a doctor's
office. The noise created by the automotive work and support
machine should prove disruptive and disturbing to a professional
office. A business office should be allowed to conduct its
business in a relatively noise -free environment.
Let the argument be used that these businesses will only be open
during the day, and therefore no one will be at home to be affected
by the noise and pollution know that there are many who are at home
during the day'. Small children, retirees, people working from
their homes, people who 'work swing or graveyard hours, working
people home sick, and homemakers are all. home during the day.
I look forward to the completion of Country Hills Towne Center and
its added business but not the nuisance, property value lowering
type that has been proposed.
Thank you for reading this,
Robert C. Gannon
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AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
APPLICANT:
BACKGROUND:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
December 19, 1991'
January 13, 1992
ZCA 92-1
A City initiated request to add a new
Chapter 22.76 to the Los Angeles
County Code pertaining to admission
charge parties in residential zones.
Residential Zones
City of Diamond Bar
Over the past several months there has been discussion by the City
Council, City Staff, Sheriff's Department representatives, and members
of the community with respect to the fact that "flyer parties" are
becoming a problem in several neighborhoods within the community.
"Flyer parties" typically involve young people, fraternities,
sororities, and other such groups and organizations, as well as, young
people whose parents or guardians are absent from their residence.
This type of admission charge party can and does generate substantial
numbers of individuals who arrive at a particular hour and location to
engage in what is substantially commercial activities. Normally these
types of parties are advertised by means of flyers that are distributed
at schools or other similar places which invite individuals to attend a
party and require as a form of admission, the payment :of some tangible
benefit to the party host such as, bringing alcoholicbeverages, food,
payment of a fee. The enforcement of this kind of activity through the
Zoning ordinance provides an effective enforcement tool to the
Sheriff's Department in either stopping the party in advance of its
being held, or to stop the party while it is in progress. The ideal
situation would be to dissuade individuals from allowing a party to go
forward after the Sheriff's Department becomes aware of the party,
date, time and location through the circulation of the party flyer.
The purpose of the ordinance is to prevent and/or diffuse flyer parties
in residential zones in the City of Diamond Bar.
On December 17, 1991, the City Council adopted an Interim Ordinance
pertaining to admission charge parties in residential zones. The
Interim ordinance will remain in place for a minimum of 45 days and is
likely to be extended in order to permit the adoption of Zoning Code
Amendment No. 92-1.*
Attached to this report is a copy of the Ordinance Amendment as
prepared by the City Attorney's office and reviewed by the Sheriff's
Department.
ENVIRONMENTAL ASSESSMENT:
The Amendment to the Zoning Code will not have a significant effect on
the environment and therefore is not subject to the requirements of
CEQA pursuant to the provisions of Section 15061(b) (3) of Division 6 of
Title 14 of the California Code of Regulations.
PUBLIC NOTIFICATION: This project has been advertised within the
Inland Valley Daily Bulletin, San Gabriel Valley. Tribune, and the
Diamond Bar Highlander on December 19 and 20, 1991.
� *4 *kNj � I a " � 50Y.WCOWNFM
Staff recommends that the Planning Commission adopt the attached
Resolution recommending approval of Zoning Code Amendment No. 92-1
which amends the existing County Code by adding Chapter 22.76
pertaining to admission charge parties in residential zones.
PREPARED BY:
James DeStefano
ATTACHMENTS:
Draft Resolution
City Council Agenda Report dated December 12, 1991
Proposed Code Amendment
2-0Aq2_ -1
AGENDA REPORT AGENDA NO.
TO: Mayor and City Council
MEETING DATE: December 17, 1991 REPORT DATE: December 12, 1991
FROM: Robert L. VanNort City Manager
TITLE: Consideration of an Interim Ordinance Pertaining to admission charge parties in residential zones.
SUMMARY: Over the past several months, there has been discussion by the City Council, City staff, Sheriff's
Department representatives, and members of the community with respect to the fact that "Flyer parties" are
becoming a problem in several neighborhoods within the community. "Flyer parties" typically involve younger
people, such as fraternities, sororities, or other such groups and organizations, as well as, young people whose
parents or guardians are absent from their residents.
RECOMMENDATION: Adoption of interim ordinance, entitled, AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR ADDING A NEW CHAPTER 22.76 TO THE LOS
ANGELES COUNTY CODE, AS HERETOFORE ADOPTED, PERTAINING TO ADMISSION CHARGE
PARTIES IN RESIDENTIAL ZONES.
LIST OF ATTACHMENTS: x Staff Report
Resolution(s)
_y Ordinances(s)
Agreement(s)
EXTERNAL DISTRIBUTION: Sheriff's Department
SUBMITTAL CHECKLIST:
— Public Hearing Notification
— Bid Specification (on.tile in City Clerk's Office)
—Other
1. Has the resolution, ordinance or agreement been reviewed
by the City Attorney? .
2. Does the report require a majority or 415 vote? 4/5
3. Has environmental impact been assessed?
4. Has the report been reviewed by a Commission? -
Which Commission?
5. Are other departments affected by the report?
Report discussed with the following affected departments:
M
Robert L. Van Nort
City Manager
Sheriff's / C
Terrence L. Belanger
Assistant City Manager
X Yes No
X Yes_No
Yes No
X Yes No
Development
(Department Head)
AGENDA NO.
MEETING DATE: December 17, 1991
TO: Honorable Mayor and Members of the City Council
FROM: City Manager
SUBJECT: "FLYER PARTY" ORDINANCE
ISSUE STATEMENT: Prohibition of admission -charge parties and other similar
commercial activities in residential zones.
RECOMMENDATION: It is recommended that the City Council adopt an interim
ordinance, entitled, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ADDING A NEW CHAPTER 22.76 TO THE LOS ANGELES COUNTY CODE, AS HERETOFORE
ADOPTED, PERTAINING TO ADMISSION CHARGE PARTIES IN RESIDENTIAL ZONES.
DISCUSSION: Over the past several months, there has been discussion by the
City Council, City staff, Sheriff's Department representatives, and members
of the community with respect to the fact that "flyer parties" are becoming
a problem in several neighborhoods within the community. "Flyer parties"
typically involve younger people, such as fraternities, sororities, or other
such groups and organizations, as well as, young people whose parents or
guardians are absent from their residents.
These parties can and do generate substantial numbers of individuals who
arrive at a particular hour and location to engage in what is substantially
commercial activities. Normally these types of parties are advertised by
means of flyers that are distributed at schools or other similar places which
invite individuals to attend a party but require, as a form of admission, the
payment of some tangible benefit to the party planner, such as bringing
alcoholic beverages, food, or payment 'of a fee. The enforcement of this kind
of activity through a zoning ordinance, which the staff is suggesting,
provides an effective enforcement tool to the Sheriff's Department in either
stopping the parties in advance of - its being held or to stop the party while
it is in progress. The ideal isto use the interim ordinance to dissuade
individuals from allowing the party to go forward after the Sheriff's
Department becomes aware of the party, date, -time, and location through the
circulation of the party flyer.
Primarily, the purpose of the proposed interim ordinance is to prevent and/or
diffuse flyer parties in the residential areas within the City of Diamond
Bar.
PREPARED -BY:
- 14 )� r'
TerAce____i.�Belanger
ORDINANCE NO. (1991)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ADOPTING AN'INTERIM ZONING
ORDINANCE
INANCE PURSUANT TO THE PROVISIONS OF
CALIFORNIA GOVERNMENT CODE 65858(a) AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the
State of California. Thereafter, the City Council' adopted its
Ordinance No. 14 (1990), thereby adopting by reference the Los
Angeles County Code as the ordinances of the City of Diamond Bar,
including Title'22 thereof setting forth the applicable planning
and zoning regulations for the City of Diamond Bar"., .
(Hereinafter*
said Title 22 shall be referred to as the "Zoning 0 . rdinance.11)
With the recent incorporation of the City of
Diamond Bar, the City Council has examined the existing
Los Angeles County General Plan, Zone District Plan and zoning
Ordinance as it pertains to existing and potential development in
the City of Diamond Bar. Such examination has revealed that
there are areas within the City which do not provide a stable
transition of densities and/or uses and are, as such,
incompatible both internally and with adjacent zones and uses.
The City Council has not adopted the existing Los Angeles County
General Plan (as the same would apply to the City of Diamond Bar)
and action on development applications, as to required
consistency to an adopted General Plan, has taken place pursuant
1
to the terms and provisions of California Government Code Section
65360. More*specifically, the residential zoning districts of
the Zoning Ordinance . allow for a wide range of land uses,
including commercial uses which are permitted". Further, it
appears that certain such commerical uses are inappropriate land
uses within such Zoning districts. Lacking both an adopted
General Plan, and consistent local.development standards for
review of development, such an approval scheme does not
contribute to appropriate community development and would
frustrate . any effective long-range planning efforts within the
City of Diamond Bar.
(iii) In recognition of the need for effective
long-range planning criteria, the City'Council has directed staff
of the City to study and formulate amendments to the Zoning
Ordinance to assure adequate local control of, development
standards for, and appropriate permitted land uses within the
residential zoning districts pending theadoption of the ultimate
General Plan and development criteria for the City of Diamond
Bar.
(iv) There are presently occurring land uses which
would not conform to the contemplated -General Plan or development
approval scheme and would contradict the specific purposes for
such Zoning Ordinance amendments and the adoption of a unified
General Plan. Moreover), pending the completion of such
amendments, it is foreseeable that further instances of such uses
within the residential zoning districts will occur which would
2
U
contradict the ultimate goals of the proposed Zoning Code
amendments.and General Plan.
(v) This Council is concerned about the creation of an
orderly and balanced development within the City of I Diamond Bar.
Accordingly, to protect the integrity of the ultimate General
Plan and to assure the continued development stability of those
properties zoned for residential purposes within the City, this
Council finds it is necessary to establish interim zoning
policies to allow City staff the time necessary to investigate
and formulate the above -referenced Zoning ordinance amendments.
(vi) All legal prerequisites prior to the adoption of
this Ordinance have occurred.
B. Ordinance,
THE CITY COUNCIL OF'THE CITY OF DIAMOND BAR DOES ORDAIN''
AS FOLLOWS:
Section 1. The City Council hereby specifically finds that
all the facts set forth in the Recitals, Part A, of this
Ordinance are true and correct.
Section 2. The City Council further finds as follows:
a. The City of Diamond Bar is presently developing a
General Plan for development in the City of Diamond Bar. The
ultimate goal of the General Plan is to provide a balanced and
unified plan of development within the City of Diamond Bar and
will ultimately upgrade the economic, social and cultural welfare
of persons and properties within the City of Diamond Bar. The
current Zoning Ordinance of the City of Diamond Bar does not
3
provide sufficient standards for application to city staff, .
Planning Commission or City Council review for the approval of,
or determination of appropriate land uses within, the residential
zoning districts within the City;
b. There are presently occurring commercial uses in
the residential zoning districts, the reoccurrence of which would
contradict the ultimate. goals and objectives of the Gene . tal Plan
and would not be subject to adequate local control under the
current provisions of, the Zoning Ordinance; and
C. The continuation of commercial land uses within the
residential zoning districts under the current provisions . of the
Zoning Ordinance would result in an immediate threat to the
public health, safety or welfare of persons andpropertywithin
the City of Diamond Bar.
section 3. The interim Zoning Regulations pertaining to the
specified commercial uses within the residential zoning
districts, as set forth in Exhibit "All hereto which is
incorporated by reference herein as if set forth in its entirety,
are hereby adopted..
Section 4. this Ordinance is enacted under the authority of
California Government Code Section 65858.(a) and shall be of no
further force and effect forty-five (45) days from the date of
adoption of this Ordinance unless the City Council has extended
this Ordinance in the manner as provided in said Section
65858(a).
4
Section 5. This Ordinance is hereby declared to be an
urgency measure pursuant to the terms of California Government
Code Section 65858(a), and this Ordinance shall take effect
immediately upon its adoption.
Section 6. The City Clerk shall certify to the adoption of
this Ordinance and shall cause the same to be posted in three (3)
public places within the City of Diamond Bar pursuant to the
provisions of Resolution No. 89-6.
ADOPTED AND APPROVED this day of , 1991.
Mayor
I, LYNDA BURGESS, City Clerk of the City.of Diamond'
Bar, do hereby certify that the foregoing Ordinance was
introduced and passed at a regular meeting of the City Council of
the City of Diamond Bar held on the day of
1991, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT:, COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Lynda Burgess, City Clerk
of the City of Diamond Bar
S\1011\FLYERORDWB 6.6 5
"Chapter 22.76
"Admission Charge Parties in Residential Zones.
1122.76.010. Purpose and intent.
"It is the purpose and intent of the City council by the
adoption of this Chapter to prohibit parties conducted in a
commercial manner within all residential zones in order to
preserve the rights of residents to the quiet enjoyment of their
property.
"22.76.020. Definitions.
"For purposes of this Chapter, the following words and
phrases shall have the meanings set forth herein:
"(a) 'Admission charge' means a tangible benefit,
monetary or otherwise, which is expressly or impliedly required
as a condition of admittance to a party. Customary courtesies and
clearly noncommercial activity such as gifts by
guests and
voluntary sharing of expenses for meals shall not be considered
to be an 'admission charge.' 'Admission charge' shall not
include donations for political, community service, charitable or
religious purposes.
'l(b) 'Party' means three or more persons meeting
together for social, recreational or amusement purposes.
EXHIBIT "All
1
A
"22.76.030. Admission �9�r g Parties Prohibited.
"No person or group of persons shall require, impliedly or
expressly, any admission charge to any party conducted in any
residential zone.
1122.76.040. Penalties for Violation of Chapter.
"It shall be unlawful for any person, firm, partnership, or
corporation to violate any provision or fail to comply with any
of the requirements of this Chapter or of the terms or conditions
of any order, permit or approval made pursuant to this Chapter.
Any person, firm, partnership, or corporation violating any
provisions of this Chapter or failing to comply with any of its
requirements shall be deemed guilty of a fine not exceeding one
thousand dollars ($1,000-00), or by imprisonment not exceeding
six (6) months, or by both such fine and imprisonment. Each and
every person, firm, partnership, or corporation shall be deemed
guilty of a separate offense for each and every day I or any
portion thereof during which any violation of any of the
provisions of this,Chapter is committed, continued or permitted
by such person, firm, partnership or corporation, and shall be
deemed punishable therefor as provided in this Chapter.
1122.76.050. Civil Remedies Available.
"The violation of any of the provisions of this Chapter
shall constitute.a nuisance and may be abated by the City through
civil process by means of restraining order, preliminary or
permanent Injunction or in any other manner provided by law for
the abatement of such nuisances.
2
"22.76.060. Severability.
"The City Council declares that, should any provision,
section, paragraph, sentence, or word of this Chapter be rendered
or declared invalid by any final court action in a court of
competent jurisdiction, or by reason of any preemptive
legislative, the remaining provisions, sections, paragraphs,
sentences and words of this Chapter shall remain in full force
and effect."
N\1011\EXHA\DB6.6 3
RESOLUTION NO. P.C.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR RECOMMENDING ADOPTION OF
AN ORDINANCE PROHIBITING ADMISSION CHARGE
PARTIES IN RESIDENTIAL ZONES (ADDING CHAPTER
22.76 TO THE LOS ANGELES COUNTY CODE AS
HERETOFORE ADOPTED).
A. Recitals.
(i) The City of Diamond Bar has heretofore determined
that parties conducted in a commercial manner within residential
zones is both inconsistent with and detrimental to the rights of
residents to preserve the quiet enjoyment of their property.
(ii) The Planning Commission has heretofore conducted
a duly noticed public hearing, as required by law, to consider
adopting a new Chapter 22.76, which would prohibit party
admission charges in residential zones, which hearing was
concluded prior to the adoption of this Resolution.
(iii) All legal prerequisites to the adoption of this
Resolution have occurred.
B. Resolution.
NOW; THEREFORE, the Planning Commission of the City of
Diamond Bar does hereby find, determine and resolve as follows:
1. In all respects as set forth in the Recitals, Part
A, of this Resolution.
2. This Planning Commission hereby finds and
determines and recommends that the City Council so find and
determine that the adoption of this amendment to the Los Angeles
County Code, as heretofore adopted, pertaining to admission
1
charge parties in residential zones is exempt from the
requirements of the California Environmental. Quality Act pursuant
to the provisions of Title -141 Division 6, Section'15061(b)(3) of
the California Code of Regulations.
3. This Planning Commission further finds and
determines pursuant to California Government Code Section 65360,
as follows:
(a) There is a reasonable probability that this
ordinance will be consistent with the proposed General Plan;
(b) There is little or no probability that this
Ordinance will be of substantial detriment to, or interfere with,
the proposed General Plan; and
.(c) The Ordinance complies with all other
applicable requirements of State law and local ordinances.
4. The Planning Commission hereby specifically
recommends that the City Council adopt the Ordinance prepared by
City staff implementing a new Chapter 22.76 prohibiting admission
charge parties in residential zones within the City of Diamond
5. The Secretary of the Planning Commission shall
certify to the adoption of this Resolution.
ADOPTED AND APPROVED this day of
Chairman
2
F
I,
, Secretary to the
Planning Commission, do hereby certify that the foregoing
Resolution was introduced at a regular meeting of the Planning
Commission of the City of Diamond Bar held on the day of
. , 1992, and was finally passed at a regular
meeting of the Planning Commission of the City of Diamond Bar
held on the
following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
day of
COMMISSION MEMBERS:
COMMISSION MEMBERS:
COMMISSION MEMBERS:
ATTEST:
NN1011 MESADMIS M 6.6 3
, 1992, by the
Secretary to the Planning
Commission of the City of
Diamond Bar
ORDINANCE NO. (1991)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR ADOPTING AN INTERIM ZONING
ORDINANCE PURSUANT TO THE PROVISIONS OF
CALIFORNIA GOVERNMENT CODE 65858(a) AND MAKING
FINDINGS IN SUPPORT THEREOF.
A. Recitals.
(i) On April 18, 1989, the City of Diamond Bar was
established as a duly organized municipal corporation of the
State of California. Thereafter, the City council adopted its
Ordinance No. 14 (1990), thereby adopting by reference the Los
Angeles County Code as the ordinances of the City of Diamond Bar,
including Title 22 thereof setting forth the applicable planning
and zoning regulations for the City of Diamond Bar. (Hereinafter
said Title 22 shall be referred to as the "Zoning . Ordinance.")
(ii) With the recent incorporation of the City of
Diamond Bar, the City Council has examined the existing
Los Angeles County General Plan, Zone District Plan and zoning
Ordinance as it pertains to existing and Potential development in
the City of Diamond Bar. Such examination has revealed that
there are areas within the City which do not provide a stable
transition of densities and/or uses and are, as such,
incompatible both internally and with adjacent zones and uses.
The City Council has not adopted the existing Los Angeles County
Gen . eral Plan (as the same would apply to the City of Diamond Bar)
and action on development applications, as to required
consistency to an adopted General Plan, has taken place pursuant
contradict the ultimate goals of the proposed Zoning Code
amendments and General Plan.
(v) This Council is concerned about the creation of an
orderly and balanced development within the City of Diamond Bar.
Accordingly, to protect the integrity of the ultimate General
Plan and to assure the continued development stability of those
Properties zoned for residential purposes within the City*, this
Council finds it is necessary to establish interim zoning
policies to allow City staff the time necessary to investigate
and formulate the above -referenced Zoning Ordinance amendments.
(Vi) All legal prerequisites prior to the adoption of
this Ordinance have occurred.
B. OjK!ftjnance.
THE CITY COUNCIL OF THE CITY OF DIAMOND"BAR DOES ORDAIN
AS FOLLOWS:
Section —1. The City Council hereby specifically finds that
all the facts set forth in the Recitals, Part A, of this
Ordinance are true and correct.
Section 2. The City Council further finds as follows:
a. The City of Diamond Bar is presently developing a
General Plan for development in the City of Diamond Bar. The
ultimate goal of the General'Plan is to provide a balanced and
unified plan of development within the City of Diamond Bar and
will ultimately upgrade the economic, social.and,cultural welfare
of persons and properties within the City of Diamond Bar. The
current Zoning Ordinance of the City of Diamond Bar does not
Ri
a
Section 5. This Ordinance is hereby declared to be an
urgency measure pursuant to the terms of California Government
Code Section 65858(a), and this Ordinance shall take effect
immediately upon its adoption.
Section 6. The City Clerk shall certify to the adoption of
this ordinance and shall cause the same to be posted in three (3)
public places within the City of Diamond Bar pursuant to the
provisions of Resolution No. 89-6.
ADOPTED AND APPROVED this day of , 1991.
Mayor
I, LYNDA BURGESS, City Clerk of the City,:Yof Diamond
Bar, do hereby certify that the foregoing Ordinance was
introduced and passed at a regular meeting of the City Council of
the City of Diamond Bar held on the day of
1991, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT:. COUNCIL MEMBERS:
.ABSTAINED: COUNCIL MEMBERS:
511011 MYERORMB 6.6
ATTEST:
Lynda Burgess, City Clerk.
of the City of Diamond Bar
5
1122.76.030. -AdM.-ission Charge Parties Prohibited.
"No person or group of persons shall require, impliedly or
expressly, any admission charge to any party conducted in any
residential zone.
"22.76.040. Penalties for Violation ofChapter.
"It shall be unlawful for any person, firm, partnership, or
corporation to violate any provision or fail to comply with any
of the requirements of this Chapter or of the terms or conditions
of any order, permit or approval made pursuant to this Chapter.
Any person, firm, partnership, or corporation violating any
provisions of this Chapter or failing to comply With any of its
requirements shall be deemed guilty of a fine not exceeding one
thousand dollars ($1,-000-00), 1 or by imprisonment not exceeding
six (6) . months, or by both such fine and imprisonment. Each and
every person, firm, partnership, or corporation shall be deemed
guilty of a separate offense for each and every day or any
portion thereof during which any violation of any of the
provisions of this Chapter is committed, continued or permitted
by such person, firm, partnership or corporation, and shall be
deemed punishable therefor as provided in this Chapter.
'122.7.6.050. Civil Remedies Available.
"The violation of any of the provisions of this Chapter
shall constitutea. nuisance and may be abated by the City through
civil process by means of restraining order., preliminary or
permanent injunction or in any other manner provided by law for
the abatement of such nuisances.
N
Id "WO'VA'1 �i 9