Loading...
HomeMy WebLinkAbout11/23/1992FIX-MAIMID, AIM - Next Resolution No. 92-27 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT AUDITORIUM 21865 E. COPLEY DRIVE DIAMOND BAR, CA 91765 November 23, 1992 CALL TO ORDER: 7:00 pm PLEDGE OF ALLEGIANCE ROLL CALL: COMMISSIONERS: Chairman Flamenbaum, Vice Chairman MacBride, Grothe, Li and Meyer MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address th,6 members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and -non-agenda items. Please complete a Q Y%,m = Inn v- I c= rm-v-A -Fn-p- 4-hn v-,zrr%v-Ain" CZme-T-d=i-=T-xr f n evm" I gni- i evn of 4-'k i c! when addressing the Planning Commission. CONSENT CALENDAR: The following items.. listed on the, consent calendar are considered routine. and are approve ' d by a single motion. Consent calendar items maybe removed from the agenda by request of the Commission only: 1. Minutes of November 9, 1992 OLD BUSINESS: None NEW BUSINESS: None PUBLIC HEARING ITEMS: 2. Conditional Use Permit No. 92-10 - A request to permit an existing dry cleaning business to install a dry cleaning plant on the premises. The site is located at 2020 S. Brea Canyon Road Applicant: Margaret Bitolas, 2020 S. Brea . Canyon Rd., Diamond .Bar 3. Conditional Use Permit No. 92-9 - A request to locate an unmanned telephone transmitting/receiving station within an enclosed unit and to locate Antennas and a satellite dish on the building roof and exterior at 23555 Golden Springs Drive, Diamond Bar. The existing building is currently developed as a commercial 'office building and no other changes are proposed as a part of this Application. Applicant: PACTEL CELLULAR P.O. Box 19707 Irvine, CA 92713-9707 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA),. the City has determined that this project requires a -Mitigated Negative Declaration. 4. conditional use Permit No. 92-13 - A request for a Karaoke recording studio with private rooms that can be rented for parties or individual use. The proposed hours I of operation are daily from 11:00 a.m. to 2:00 a.m. The.proposed use is located within the Colima Plaza at 20617 Colima Road, Building No. 3 Applicant: Dong Min Lee 3461 Marble Ridge Drive, Chino, CA Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined this project to be Categorically Exempt. INFORMATIONAL ITEMS: 5. Presentation by George A. Wentz, Interim City Engineer, on the Draft Transportation Demand Management Ordinance for the Congestion Management Program. ANNOUNCEMENTS: Staff - Administrative meeting Review Planning commissioners ADJOURNMENT: December 14, 1992 CITY.OF DIAMOND BAR DRAFT MINUTES OF THE PLANNING COMMISSION NOVEMBER 9, 1992 CALL TO ORDER: Chairman Flamenbaum called -the meeting to order at 7:06 p.m. at the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive; Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Vice Chairman MacBride. ROLL CALL: Commissioners: Meyer, Grothe, Vice Chairman MacBride, and Chairman Flamenbaum. Commissioner Li was absent. NEW BUSINESS: PT/Lungu presented the staff report regarding the request made by the applicants Diversified Signs & Planned Sign Graphs and Cornerstone Partners Walnut, Ltd. Program 92-2 requesting approval of a Planned Sign Program for Walnut Business Center, located at 20418. Walnut Drive. The business center consists of one parcel with ten (10) one story structures. At this time, the property owner of the Walnut Business Center is going through the subdivision process in order to convert the business center into a commercial condominium. The Sign Ordinance states that when more than one wall sign is requested in a commercial center, Planning Commission review and approval is required. .PT/Lungu presented slides displaying the signs currently in the existing business center.. She noted that several tenants have banners which have not been reviewed or approved by the City. There are no new signs being proposed, or changes to existing signs, as part of this application. She reviewed the application analysis as presented in the staff report. AP/Lungu stated that staff has attached Exhibit "A- -1", to the Resolution,. requesting that the applicant's submitted Planned Sign Program, Also present were Community Development Director James DeStefano, Associate Planner Robert Searcy, Planning Technician Ann Lungu, Deputy City Attorney Craig Fox, and Contract Secretary Liz Myers. CONSENT CALENDAR: C/Meyer requested that the Minutes of October 12, 1992 be amended on page 4 to reflect that he voted Minutes of to approve Resolution 92-19; and that the Minutes Sept. 14, of October 26,1992 be amended on page 5 to reflect Oct. 12, & 26, the reason why he voted.against ZCA 92-2. 1992 VC/MacBride requested that the Minutes of October 26, 1992 be amended on page 6, last paragraph to replace the word "his" with "Mr. Patel's". Motion was made by VC/MacBride, seconded by C/Meyer and CARRIED UNANIMOUSLY to approve the Minutes of Sept. 14, October 12, and October 26, 1992, as amended. NEW BUSINESS: PT/Lungu presented the staff report regarding the request made by the applicants Diversified Signs & Planned Sign Graphs and Cornerstone Partners Walnut, Ltd. Program 92-2 requesting approval of a Planned Sign Program for Walnut Business Center, located at 20418. Walnut Drive. The business center consists of one parcel with ten (10) one story structures. At this time, the property owner of the Walnut Business Center is going through the subdivision process in order to convert the business center into a commercial condominium. The Sign Ordinance states that when more than one wall sign is requested in a commercial center, Planning Commission review and approval is required. .PT/Lungu presented slides displaying the signs currently in the existing business center.. She noted that several tenants have banners which have not been reviewed or approved by the City. There are no new signs being proposed, or changes to existing signs, as part of this application. She reviewed the application analysis as presented in the staff report. AP/Lungu stated that staff has attached Exhibit "A- -1", to the Resolution,. requesting that the applicant's submitted Planned Sign Program, November 9,.1992 Page 2 referred to as Exhibit "A", be amended to incorporate address numerals to the monument signs, and that the temporary signs be reviewed by the City. It is -recommended that the Planning Commission approve the Planned Sign Program, Findings of Fact, and conditions as listed within the attached resolution. PT/Lungu, in response to Chair/ Flamenbaum, stated that each of the individual units, and each of the buildings, have address identification numbers. These numbers will remain. Chair/ Flamenbaum opened the meeting for 'public testimony. C/Meyer, noting that staff has recommended that the applicant limit their color palette for the primary and secondary wall signs, inquired if the applicant concurs with this recommendation. Mr. Johnson, from Diversified Signs & Graphics, stated that though he does not feel that five colors is that extensive, he will concur to limit the palette to three colors. The tenants that have signs that would not conform will acquiesce to replacing them. Chair/Flamenbaum closed the meeting for public testimony. C/Grothe stated that he feels that a variety of colors would be appropriate for the center, as long as the signs are the same size, shapes, and have the same letter styles. Chair/ Flamenbaum noted that. Exhibit IIA -111, amending the proposed Resolution, contains the full palette of colors as proposed by the applicant. C/Meyer concurred with C/Grothe that the applicants may want to have the. choice of colors expanded especially if the building is repainted another color in the future. Motion was made by C/Meyer, seconded by VC/MacBride and CARRIED UNANIMOUSLY to approve Resolution 92 - XX, which. includes Exhibit "All as amended by Exhibit "A-111. INFORMATIONAL DCA/Fox stated that the trial court vacated the ITEMS: hearing date, regarding the Referendum, and it has been assigned to the Judicial Council for the Verbal Status purpose of assigning this case to an out of County November 91 1992 Page 3 Report Judge. A court date is not anticipated any sooner than mid December. CDD/DeStefano indicated that a draft.Environmental Impact Report, for the South Pointe Master Plan, is due for publication toward the end of this month. Therefore, the project may receive a Planning Commission Hearing on the EIR in December of 1992. However, the project itself will not be before the Planning Commission until January of 1993. Chair/Flamenbaum requested that the Planning Commission receive a copy of the published EIR at least. two weeks .prior to the Commission meeting. C/Meyer requested that a walking tour of the South Pointe Master Plan site be scheduled for' the Planning Commission as soon as possible. CDD/DeStefanb stated that he will relay that request to the developers. He stated that staff is also in the process of arranging a tour of Tonner Canyon, for the Commission. CDD/DeStefano stated that the City Council will be reviewing the following items at the November 17, 1992 meeting: A public hearing is scheduled for the Diamond Bar Associates project known as Vesting, Tentative Map 47850. Therearestill some areas of the geotechnical studies that need further refinement and clarification, therefore the Council cannot render a decision of approval at that meeting. The developers have also requested an additional continuance to January of 1993; the City Council will be looking at extending the Interim Agricultural Zone; and the City Council will be considering the Hillside Management Ordinance. CDD/DeStefano reported that the City Council approved the second reading of the commercial Manufacturing Ordinance, with a few"minor changes. One of the changes was requesting that a CUP be required for all alcohol sales, whether it be for on or off site consumption. AP/Searcy reported on the following projects: the InterCommunity Hospital project is nearing the .45 day review; Tract 48487, the Teis project, a 53 unit residential subdivision located in "The Country", has now received a staff go ahead on the fifth alternative that they have submitted; Dr. Crowley has submitted a revised design, using the same application filed two years ago, for a 34 unit project located on the Torito Lane/Golden Springs; November 9,, 1992 Page 4 an EIR consultanthas been chosen for the Yeh project, a 13 unit subdivision located on the backside of "The Country", adjacent tothe Teis project; a consultant to prepare Negative Declaration for the Dolesol Tract, a 4 unit subdivision located directly adjacent to Tract 47850, has been chosen and will come before the Commission early next year; and an application for a parcel map, located at the Walnut Business Center, will come before the Commission on the December 14, 1992 meeting. CDD/DeStefano stated that Avery Dennison's divisional headquarters will soon be located in Diamond Bar, at Pathfinder/Brea Canyon Road, to begin operations the beginning of next year. CDD/DeStefano reported that he held an Administrative Development hearing earlier in the evening and approved the following projects: minor changes made to the El.Pollo Loco building; and an 8,500 square foot addition to a 2,200 square foot existing home located on Blaze Trail, in !'The Country". CDD/DeStefano stated that the Commission received a copy of a letter, from a commercial retail center owner and manager, complaining about the staff's processing of a karoake facility. Karoake is a landusethat is not clearly called out within our existing code. Staff has since met with the owner and has resolved a variety of their concerns. The application is scheduled for the next Planning Commission meeting. Staff will present the Commission with a report outlining karoake facilities, what they are, and what the application is all about. CDD/DeStefano stated that staff has been working with the 'City Council's Planning and Zoning Committee on determining how to begin to develop the City's new cod ' e to deal with 'zone changes to implement the General Plan. . ANNOUNCEMENTS: Chair/Flamenbaum made the following announcements: there is a community workshop for the Olinda Heights project to. be held. in the City of Brea Thursday, November 19, 1992; and there is a Planning and Zoning Clinic to be held at the Ramada Renaissance, by the Airport, on December 11, 1992. Chair/Flamenbaum suggested that the Planning commission also form a Planning and Zoning November 91 1992 Page 5 Subcommittee. He requested staff to place the item on the agenda for the November 23, 1992 meeting. C/Meyer and VC/MacBride indicated that they would be willing to volunteer to be on the subcommittee. ADJOURNMENT: Motion was made by VC/MacBride, seconded by C/Grothe CARRIED UNANIMOUSLY to adjourn the meeting at 8:16 p.m. Respectively, James DeStefano Secretary Attest: Bruce Flamenbaum Chairman 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 i� November 10, 1992 November 23, 1992 Conditional Use Permit 92-10 A request to permit an existing dry cleaning business to install a dry cleaning plant on the premises. 2020 S. Brea Canyon Rd. #A-4 Fermin and Margaret Bitolas 13720 Alanwood Rd. La Puente, CA 91746 Bankers Trust c/o The Alison Company. 4463 Birch St. Newport Beach, CA 92660 The applicants, Fermin and Margaret Bitolas, are requesting an approval to permit an existing dry cleaning business to install a dry cleaning plant on the premises. The proposed project site is a retail. shopping center identified as Plaza Diamond Bar. The site is approximately .-five (5) acres and is located at 2020 S. Brea Canyon Road, #A-4 in a C -2 -DP -BE (Neighborhood ,Business -Development Plan -Billboard Exclusion) zone. According to the General Plan, the subject site has a land use designation of OP (Professional Office).- A dry cleaning establishment is allowed in this zone by right. A dry cleaning plant is permitted in this zone provided that a conditional - use permit has first been obtained per Section 22.28.210 of the Los Angeles County Code. Generally, the following land uses surround the subject site: to the northwest is RPD -10,000-6U (Residential Planned Development -10,000 square foot lots -6 units) and R-1-15,000 ( Single Family Residential - 10,000 square foot lots) zones; to the south is RPD -10,000-6U zone; to the west is CPD (Commercial Planned Development) and RPD -10,000-6U zones; and to the east is the orange Freeway. Agenda Item Novembeir,23, 1992 Page Two At the present time, the applicant is operating a dry cleaning establishment with a dry cleaning plant on the site. Several months ago, a fire destroyed a portion of the shopping center. When plans were submitted to the City for reconstruction' the City and the applicant realized that a Conditional Use Permit had not been obtained to allow a dry cleaning plant on the premises as per the Los Angeles Planning and Zoning Code. The City allowed.the applicant to continue doing business during and after reconstruction as long as an application for a Conditional Use Permit was submitted for review and approval to the Planning Commission. APPLICATION ANALYSIS: The proposed dry cleaning establishment will be located in a unit of approximately 1,131 square feet. The unit is adequate in size for the proposed use. The main equipment utilized for this business is one (1) dry cleaning unit, six (6) pressing units for the different types of garments to be pressed, a spotting board, a boiler, air compressor, an over head bagging rack, a zero waste disposal- unit, and two (2) conveyors to hang and move clean articles of clothing. There will not be any exterior alterations to the building. The applicant has four (4) employees with two (2) working shifts. Hours of operation will be Monday through Friday, from 7 a.m. to 7 p.m. and Saturday from 7 a.m. to 6 p.m. The South Coast Air Quality management District (SCAQMD) requires an air pollution control permit to operate a dry Cleaning plant. This permit is issued for the purpose of controlling the amount of Perchlor- ethylene that is released into the 'atmosphere during the dry cleaning process. This permit. is renewed annually and records concerning the dry cleaning process must be available to the SCAQMD for review whenever requested. According to SCAQMD, the applicant has all the required permits for operating a dry cleaning plant. Perchlorethylene is anon-combustible chemical, pumped into the dry cleaning equipment, stored there, and dispensed as needed during the dry cleaning process. The applicant will be using approximately five (5) gallons of -Perchlorethylene a month. From the dry cleaning process, the Perchlorethylene which is used is cycled through the zero waste unit. In this unit, water and sediment which is accumulated during the dry cleaning process is 'pumped through a charcoal filter housing. When the process is completed the water is evaporated, the Perchlorethylene is ready to be reused. The only product left to be disposed of is the filters. They are hauled away by A.A.D. Hazard Waste Disposal Company located at 2306 E. 38th St., Vernon, California and disposed of in'accordance with state and federal regulation. The applicant will be using a dry cleaning machine manufactured by Agenda Item November 23, 1992 Page Three Lindus which incorporates the most advance technology to conform with current health and safety requirement, ' and to comply with environmental and ecological restrictions. ENVIRONMENTAL ASSESSMENT: Although the proposed use could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures have been incorporated into the proposed project and a Mitigated Negative Declaration has been prepared pursuant to the provisions.of the California Environmental Quality Act (CEQA). The applicant has assured the City that all the required safeguards will be taken to insure the protection of the environment. NOTICE OF PUBLIC HEARING: This item has been advertised on October 31, 1992 in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. This item has been advertised on November .4, 1992 in The Highlander' newspaper. Notices were mailed to ten (10) property owners within a 500 foot radius of the project on October 29, 1992. RECOMMENDATION: The staff recommends that the Planning Commission approve the Mitigated Negative - Declaration and CUP 9.2-10 with the Findings of Fact and conditions listed. Prepare by: Arin J. Lungu,.PlaWning Technician Att achments: Application Initial Study Mitigated Negative Declaration Draft Resolution of Approval Exhibit "All Site Plan dated November 23, 1992 Exhibit "Bil Floor Plan dated November 23, 1992 SCAQMD Statement RESOLUTION NO. 92 -XX A" RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 92-10 AND MITIGATED NEGATIVE DECLARATION NO. 92-6 AN APPLICATION FOR AN EXISTING DRY CLEANING BUSINESS TO INSTALL A— DRY CLEANING PLANT ON THE PREMISES LOCATED AT 2020 S. BREA CANYON RD. # A-4 WITHIN THE PLAZA DIAMOND BAR RETAIL SHOPPING CENTER.' A. Recitals 1. Fermin and Margaret Bitolas have filed an application forConditionalUse Permit No. 92-10 for a -dry cleaning plant in the Plaza Diamond Bar retail shopping center located at 2020 S.Brea Canyon Rd., Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development 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. The City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken . on the subject application, as to consistency with the General Plan, pursuant to the termsandprovisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. The Planning Commission of the City of Diamond Bar, on November 23, 1992 conducted a duly noticed public meet- ing on said Application. 5. All legal prerequisites to the adoption of this Resolu- tion have occurred. 1 B. Resolution NOW; THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows:. 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A., of this Resolution are true and correct. 2. The Planning Commission hereby certifies that an Initial Study and mitigate Negative Declaration were prepared and which analyze this application and that said Initial Study and mitigate Negative Declaration reflect the independent judgment of the City of Diamond Bar. The Planning commission further certifies that said Initial Study and mitigate Negative Declaration were completed in compliance with the California Environmental Quality Act of 1970, as amended, and the guideline promulgated thereunder, and that the Planning Commission has reviewed and considered the information contained in said Initial Study and mitigated Negative Declaration. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole,including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Commission that the project as proposed by the Application, and conditioned for approval herein, will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence presented in the -record before the Commission, the Commission hereby rebuts the presumption of adverse effect contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. Notwithstanding the provisions of this paragraph, the Applicant shall pay all 'fees required for the filing of a Notice of Determination and any other fees imposed by the California Department of Fish and Game prior to the issuance of any building permits. 4. Based upon the findings and conclusions set forth herein, this Commission, in conformance with ordinance No. 4 (1992) of the City of Diamond Bar hereby finds as follows: (a) The project relates to a site of approximately five (5) acres developed with a retail shopping center identified as Plaza Diamond Bar within the Neighborhood *Business -Development Plan -Billboard Exclusion(C-2-DP-BE) zone with General Plan 2 designation of Professional office (OP) and is located at 2020 S. Brea' Canyon Road, City of Diamond Bar, California. (b) Generally, Property to the northwest is RPD - 10,000 -6U and R-1-15,000 zones; to the south is RPD -10,000-6U zone; to the east is the 'Orange Freeway; and to the west is CPD and RPD�10,000-6U zone. (c) The subject site for the' project is adequately served by Brea Canyon Road and Pathfinder Road. (d) The nature, condition, and size of the site has been considered. The site is adequate in size to accommodate the use. . (e) Substantial evidence exists, considering the record as a whole, to determine that the project, as proposed and conditioned herein, will not be detrimental to or interfere with the contemplated General Plan. (f) Notification of the public hearing for this project has been made in conformance with the Los Angeles County Code adopted by the City. (h) Approval of this project will not have an adverse impact on adjacent or adjoining residential* or commercial uses. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity and will not adversely affect thehealth or welfare of persons residing in the surrounding area. 5. Based upon the substantial evidence and conclusion set forth herein above in paragraphs 1, 2, 3, 4, and conditions set forth below in this Resolution, presented to the Planning Commission on November 23, 1992, public meeting as set forth above, the Commission, hereby finds and concludes as follows: (a) The project shall substantially conform to all plans dated November 23, 1992 as submitted to and approved by the Planning Commission labeled Exhibit "All and "B". (b) This grant shall not be effective for any purpose until the permittee and owner of the property involved (it other than the permittee) have filed, at the City of Diamond Bar Community Development 3 Department, their affidavit stating that they are. aware of and agree to accept all the conditions of this grant.. Further, this grant shall_, not be effective until the permittee pays remaining Planning Division processing fees. (d) It is hereby declared that and made a condition of this permit that if any condition hereof is violated, or- if any' law, - statue, or ordinance is violated, the permit may be revoked; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. The Planning commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, Fermin and Margaret Bitolas located at 2020 S. Brea Canyon Road, #A-4,. Diamond Bar, California, 91765. APPROVED AND ADOPTED THIS THE 23TH DAY OF NOVEMBER, 1992, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. F*.W Bruce Flamenbaum, Chairman I, James Destef ano, Secretary of the Planning Commission of. the City of. Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at :a regular meeting of the Planning Commission held on the 23th day of November, 1992, by the following vote: AYES: [COMMISSIONERS:] NOES: [COMMISSIONERS:] ABSENT: [COMMISSIONERS:] ABSTAIN: [COMMISSIONERS:] ATTEST: James DeStefano, Secretary, 4 MITIGATED NEGATIVE DECLARATION No. 92-6 October 16, 1992 Case Number: CUP 92-10 Applicant:- Fermin and -Margaret B-itolas .2020 S. Brea Canyon Rd. #A-4 Diamond Bar; CA 91765 Proposal:, A request to permit an existing dry cleaning business to install a dry cleaning plant on the premises. Location: 2020 S. Brea Canyon Rd. #A-4 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: 2.. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? Yes. Explanation: Five gallons of Perchloroethylene a month is used. Although it is cycled through a zero waste unit, a very limited amount of the chemical is released into the atmosphere. mitigation: The South Coast Air Quality Management District requires dry cleaning establishments to obtain an pollution control permit with conditions to control the amount of Perchloroethylene which is released into the atmosphere. This permit must be renewed annually. Also, the owner of such an establishment shall keep records which must be available to SCAQMD upon request. 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? Possibly. Explanation• It is possible when chemicals are involved that an upset of conditions may occur. Mitigation• The machinery used for this proposed project has built in safety devices. Some of these devices are fault alarm and indicator lights, anti -freeze safety device, and automatic solvent cooling. Perchloroethylene, a chemical used during the dry cleaning process, is stored within the dry cleaning equipment. The filters used to remove sediment and water accumulated during the dry cleaning process is disposed of in accordance with local, state, and federal regulations by a licensed waste hauler. 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? Possibly. b. Exposure of people to potential health hazard? Possibly. Explanation: a.&b.. it is possible that the chemical Perchlorethylene could be a potential health hazard to people exposed to it.. Mitigation• a.&b. This type of business. requires a permit from AQMD to monitor the storage, waste hauling. As a"result, any hazards that could be possibly are kept to a minimum. I. Background 1. Name of Applicant: MA-Re-la-Vig: Oztpl-A5 2. Address and Phone Number of Proponent , ELA 1-7 3. Name Address and Phone of Project Contact: SA -,,-1 lar 4.* Date I of Environmental Ct -2- Information Submittal: 5. Date of Environmental Checklist Submittal: 6. Lead Agency (Agency Required Checklist); 7. Name of Proposal if applicable (Tract 1,110. if Subdivision): 8. Related Applications determination): Mo (under the ru. E authority of this environmental YES M Variance: Conditional Use Permit: Zone Change: General Plan Amendment: (Attach Completed Environmental Information Form) 0D 9.2"!,0 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? C. Change in topography or ground surface relief features? ✓ d. The destruction, coveting 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 of ambient air quality? b. The creation of objectionable odors? C. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? 3. Water. Will the proposal result in: ✓ a. Changes in currents or the course or direction of water movements? YES NO POSSIBLY 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. Change 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 other-wi se 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: a. Change in the diversity of species, or number of any species of animals (birds, land animals including reptiles, fish, and 8.1 Land 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 increase in the rate of use of any natural an area, or in a barrier to the normal resources? migration or movement of resident species? d. Feduction in size or deterioration in quality A risk of an explosion or the release of 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 of light and glare? 8.1 Land Use. Will the proposal result in: a. 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 /, � b. Probable interference with an emergency response plan or an emergency evacuation plan? 14' Public Services. Will the proposal: a. Have an effect upoo, or result in the ocud for new or altered governmental services in an y of the following areas: `~^ I- Fire Protection? --- ---' 2' Police Protection? �. Schools? zoDusa1: 11. Population. Will the proposal:- a. Alter the location, distribution, density, a. or growth rate of the human population of ` ao.area? 12. 8uosiog' Will the DroTxocuI affect: a. Existing boox1oQ, or create a demand for ----- ----------- additional housing? 13, Transportation/Circulation. Will the proposal result in: �. Generation of Substantial additional ----- --~-------' ' vehicular movement? ` �. Effects on existing parking facilities or demand for new parking? L/ C. Substantial impact on existing transportation ---------------- xyx cmy? t d. ��ltcrm\iouo to present patterns of ----- ----' ------ circulation or movement of people and goods. �. Alterations to waterbnrue, zal1 or air ---�� traffic? f. Increase in traffic hazards to motor -----'----------- veblolex, bicyclists or pedestrians? 14' Public Services. Will the proposal: a. Have an effect upoo, or result in the ocud for new or altered governmental services in an y of the following areas: `~^ I- Fire Protection? --- ---' 2' Police Protection? �. Schools? YES NO POSSIBLY 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. Use of 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: LZ a. X 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)? ✓ b. Exposure of people to potential -health hazards? 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 the destruction 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? C. A physical change which would affect unique ethnic cultural values? d. Restrictions on existing' religious or sacred uses within the potential impact area. 21. Mandatory Findings of Significance?* a. Does the proposed project ha-ve the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife 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 pr'oject have the potential to achieve short-term, to the disadvantage of long-term, -environmental goals? impacts C. Does the proposed project pose which are individually limited but cumulatively considerable? d. Does the project pose environmental effects which will cause substantial adverse effects on human .beings,. either dir ectly 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: 49� Signature- Title For the City of Diamond Bar, California South Coast AIR QUALITY MANAGEMENT DISTRICT 21865 E. Copley Drive, Diamond Bar, CA 91765-4182 (909) 396-2000 DATE: November 17, 1992 TO: Diamond Bar Building Department FROM: rArthur Lawler, Air Quality Engineer SUBJECT: BUILDING PERMITTING UNDER AB3205, WATERS BILL Regarding PLAN CHECK #: LOCATION: Plaza Cleaners 2020 South Brea Canyon Rd. Suite A3 Diamond Bar, CA. 91765 This site has met or is meeting the requirements of Section 42303 of the Health and Safety Code and the requirements for a permit to construct and operate for the South coast Air Quality Management District . . APPLICANT HAS ALL REQUIRED PERMITS FROM THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT FOR THIS SITE AND/OR PLAN CHECK ONLY. Dry Cleaner APPLICANT HAS FILED FOR PERMITS TO CONSTRUCT EQUIPMENT WITH THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT. APPLICANT IS EXEMPT FROM PERMIT REQUIREMENTS AT THIS SITE AND/OR PLAN CHECK ONLY. REVISED 7/13/89 w �. CD CD (D:33 r4- —44 E� Lq v ..sx .a .n •." . ' ' 1.1 'Y[Z .1 ,osov •a w 37 L 2 D ,t --- ...-�^ ..� ^�....+ .- 4"f' .•..-,..--M .+ •Ctr ••7711%% � a as I n ..rc T•ae n'DVa,�al +Ycnm nwni°moz YaJ '�=.•�": :'t . m a uc�Y u�N �•a3 u..Y n .D..D. 3 ✓. i:J' '..'. .. D D owe u.... ,y :... r n a• i•� �{.•. i:i!:.. $• aa.Ia vow xcw Holm NT °ao ww *� iy, �a y .p xP•Vi aron was SnGOfl va vUO *• vn• H v•^ av ca iynD vrc .. o g .}�..� � ° •. .. N•, z vc n .v- o.:+T ••'o ro • D oa r r,P �... r9 n...etli °uauM•ne ..tl P'C n nD '�.1 .'{•Jn•,,iy�f !• D .O YN x•° � �^ P.w P'D9 D,^�9 ik :li W �'..a" � '�� µa'Or YNDn n D n nan n nox •f - 3 N. ^• C ., D r 4 K D < -41 o o � 'J. at•� WYATT— BENNETT EQUIP. CO., INC. PLAZA CLEANERS 2020 BRF.A CANYON RD - DIAMOND BAR , CA, 91705 < tv. s=, l< s� m' 0 C� tU ur > z fire (D n+ 0 D ,t --- ...-�^ ..� ^�....+ .- 4"f' .•..-,..--M .+ •Ctr ••7711%% � a as I n ..rc T•ae n'DVa,�al +Ycnm nwni°moz YaJ '�=.•�": :'t . m a uc�Y u�N �•a3 u..Y n .D..D. 3 ✓. i:J' '..'. .. D D owe u.... ,y :... r n a• i•� �{.•. i:i!:.. $• aa.Ia vow xcw Holm NT °ao ww *� iy, �a y .p xP•Vi aron was SnGOfl va vUO *• vn• H v•^ av ca iynD vrc .. o g .}�..� � ° •. .. N•, z vc n .v- o.:+T ••'o ro • D oa r r,P �... r9 n...etli °uauM•ne ..tl P'C n nD '�.1 .'{•Jn•,,iy�f !• D .O YN x•° � �^ P.w P'D9 D,^�9 ik :li W �'..a" � '�� µa'Or YNDn n D n nan n nox •f - 3 N. ^• C ., D r 4 K D < -41 o o � 'J. at•� WYATT— BENNETT EQUIP. CO., INC. PLAZA CLEANERS 2020 BRF.A CANYON RD - DIAMOND BAR , CA, 91705 :I �i .•J s N a i :I �i .•J s N a CITY OF DIAMCOND Case# t'7 -,- DEPARTMENT OF FLkMING Recvd 21660 E. Copley Drive Suite ',190 Fee $ (714)396-5676 Fax (714)8.61-3117 Receipt CONDITIONAL _USF PFRMIT APPLICATION = By" Record Owner(s) Applicant Applicant's Agent r�V, Name &�\A —1 �L'A b A-J f"W7W (Last name first) Address C), city t1A eVJ t, Zip ql(o SO fl -t -W 7T- AU SO A� CP Phone (711) (Attach separate sheet if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations) CONSENT: I consent to the submission of the application accompanying this request Signed owners) Date 2• 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: lC�,C, re e- I �Altx 5 iTo L -A6 (ApplicifnV or/ Agent) Signed_,:: Location2-r--> -?_c) (AppLi-cant ..or Agent (Street address or tract and lotynumber) Date( LD cA2_ 1 n -(_D `� Zoning HNM ]'C)� 44 -2"2�> Previous Cases Present Use of Site ��_>kck'Qft- C Use applied for � CA_M Project Size (gross acres) Project density Domestic Water Source Company/District Method of Sewage disposal Sanitation District Grading of Lots by Applicant? Yes N (Show necessary grading design on site plan or tent map) APPROPRIATE BURDENS OF PROOF -MUST ACCOMPANY REQUEST k .9 pa_� - i P17 I A I 0 - P W-0 ts LEGAL DESCRIPTION (all ownership comprising the proposed. lot(s)/parcel(s) + -OU)"' 0/1. C(— fl -i rPA I PV11, AA P2 A 11 fIL'Y-41 LTD 'A'�VAeA5 WM-IV 0fQrr-H0-- Area devoted to structures 00 Landscaping/Open space f r1 5 6(�f—tc;, rlZdenti*al Project :_:;���� and �kj . (No. of lots) (gross area) Pr*sed density (Units/Acres) c,%) -j 009 -Parking Required Provided Standard ,'j Compact Hand i c a Total 11 ff. .- 0 P I Astaff use)' PROJECT N[AtER(s): -------------- - -------------- 7 ---- ------------------ -------------- INITIAL STUDY QUESTIONNAIRE A. GENERAL INFORMATION Project Applicant (Owner): Project Representative: 5. 73 1 L-A NAME NAME r?,C) 2- �Sucpa A ---t (D&,PJ a ti )�'b &DRESS ADDRESS �- P. a,-74.5 (2114) 01, -7 5' V t.L' PHONE # PHONE # 1. Action requested and project description: 6 2. Street location of project: X02-0' So . T3F:::,c� ap'u-yoJ f2P�TZ- S LA tT--F-. A 3a. Present use of site: -Pp-� 0-Lr::At0E=P-<, �C0►.tr-9P-0-1 4 L- 15,q-07PJ1Je- 42EAJT-F-P- 3b. Previous use of site or structures: 4. Please list all previous cases (if any) related to this project: h21P, 5. Other related permit/approvals required. Specify type and granting agency. 0 Cog --t) LA F- ::p:> 6. Are you planning future phases of this project? Y If yes, explain: 6WPV,F- 7. Project Area: I Covered by structures, paving: Landscaping, open space: .Total Area. Number of floors: Present zoning: Pp- a -E Water and sewer service: Dome C Water Public Aiic Sewers Does service exist at site? N Y N If yes,* do purveyors have capacity to meet demand of project and all other approved projects? O If domestic water or public sewers are not available, how will these services be provided? Residential Projects: 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 additional classrooms? Non -Residential projects: 13. Distance to nearest residential use or sensitive use (school, hospital, etc.) 141 L a 5_C. 44y 6 LZOn f . E:�r 4LO,,,�,r J - 14. Number and floor area of buildings: L:5 15. Number of employees and shifts: r- M n LID �4 EE S 16. Maximum employees per shift: 17. Operating hours: ung 18. Identify any: End products Waste products W 8s12= t�onm Means of disposal A -A -T> C/A 9,0052 5 y,, , 19. Do project operations use, store or produce hazardous substances such as o' pesticides, chemicals, paints, or radioactive materials? YES NO If yes, explain t -A 'PEa baa FT,YLj5jJF 20. Do your operations require any pressurized tanks? YES NO If yes, explain 8aiL'5_tz Fo►2 ST)cwt0�2 t2 � SS 21. Identify any flammable, reactive or explosive materials to be located on- site. n- site. pF. ;p=C 141 6 {J4 L.,E5 n E 22. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? YES ( NO .�/ . If yes, explain B. ENVIRONMENTAL INFORMATION 1. Environmental Setting --Project Site a. 'Existing use/structures S440fPItC'm_W:MPL b. Topography/slopes P, - *C. Vegetation to *d. Animals .*e. Watercourses f. Cultural/historical resources Ips 9. Other 2. Environmental Setting -- Surrounding Area a. Existing uses structures (types, densities): (,D.w on_p FzW:I: I b. Topography/slopes *C. Vegetation t -i *d. Animals *e. Watercourses f. Cultural/historical resources 1,4. 9- OtherA- Answers are not required if the area does not contain natural, undeveloped land. 4. Will any natural watercourses, surface flow patterns, etc., be changed through project development?: "YES NO If yes, explain: 5. Grading: Will the project require grading? YES If yes, how many cubic yards? Will it be balanced on site? YES NO If not balanced, where will dirt be obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES DO If yes, explain: 7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? YES NO Distance to nearest fire station: 8. Noise: Existing noise Sources at site: F)e�.E LA Noise to be generated by project: ISJO 9. Fumes: 10. Odors generated by project: W 0r2 F_ Could toxic fumes be generated? -r_>F_:1ae_HL,0p_0 Vp�LF�ff p L cv- io --,e What energy -conserving designs or material will be used? I P"r- CERTIFICATION: I hereby certify that*the statements furnished above .and in the at tached 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 Arue and correct to the best of my knowledge and belief... V9 Date Signature For: 1. 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 3 November 18, 1992 November 23, 1992 Conditional Use Permit No. 92-9 A request to locate an unmanned cellular telephone site of telephone transmitting equipment installed within a leased 665 square -foot interior area and roof top antennas. 23555 Golden Springs Drive PACTEL CELLULAR P.O. Box 19707 Irvine , CA. 92713 Torito Plaza Partnership 23555 Golden Springs Drive Diamond Bar, CA. 91765 This application is'proposed for an existing office building located at the corner of Torito Lane and Golden Springs Drive. The project proposes to locate a cellular, phone repeater station in a vacant 665 sq. ft. office unit. Additionally, there are roof -top antennas and dishes which will be located on the western portion of the building. r The General Plan land use designation for the subject site is General Commercial and the site is located in Zone C-1. The use is conditionally permitted within the zone pursuant to section 22.28.-110 of Title 22 of Planning and Zoning Code. The land uses surrounding the subject site include a vacant lot to the north which currently has an application for a 34 unit condominium project in process with the City; to the south there is single family residential development; to the east an existing condominium complex; and to the west, a professional office complex. APPLICATION ANALYSIS: The applicant is requestih'9 the installation of the proposed equipment in order improve and expand the existing PacTel area of service. The installation will involve the attachment of a wall mounted microwave dish (4 ft.), three (3) 15.ft. whip antennae, and seven (7) 1 ft. by 2 ft. wall mounted cellular antennas. The remaining repeater unit will � 1Amw" 1 be housed within a 665 sq. ft. office on the second floor of the building. The dramatic increase in the number of cellular telephones in Southern California and this area in particular have created a demand for added capacity and better service. The proposed facility would serve Diamond residents in the northern -and central portions.of the City as well as freeway bound travelers. The unmanned repeater facility is designed to receive cellular phone signals, process the impulses, and to boost and transmit the signal to its destination.' The power source for the equipment is typically a mobile utility generator that is contained within the unit. The proximity to the SR 57 and 60 Freeway Interchange makes the subject site an attractive location. Currently there are at least three (3) known repeater stations operating in -the City of Diamond Bar. All of these repeater stations are located adjacent to the freeways. Two (2) monopoles (approximately 60 ft. in height) are'located on the Diamond Bar High.School campus and a third monopole and repeater station is located on Prospectors Road at the National Self Storage facility. There are two primary concerns that the staff sought to address, they are compatibility and aesthetics. The project has to be compatible with the land uses within the two (2) story commercial.building as well as with adjacent land uses which surround the site. A Possible issue was interference with existing television, radio, satellite reception, or other cable communications. A review of the Code Enforcement complaints does not support any findings that problems have occurred. Another concern. is related to fire hazards. The prevention and suppression of potential fires has been designed into the unit. The repeater station is designed with a fire suppressant, system that is intended to reduce the possibility of damage. The facility is required to be improved to meet Los Angeles County Fire Department's regulations regarding standard fire equipment. Traffic generated by the propo"duse is related to maintenance and upkeep. The repeater station is typically visited four (4) to twelve (12) times a year. Therefore the parking required for this use is minimal as is the overall trip generation. The aesthetics of the exterior improvements for the site were of concern as to the potential impacts to adjacent land uses. The primary visual impact will be to the north of the building. The north elevation is identified as the location pf the 4 ft. microwave dish, seven (7) 1 ft. X 2 ft. ft. and three (3)T ft. whip antennas. To attempt to reduce the potential for negative impacts, the microwave dish will be painted the same color as the building. Additionally, there are trees which assist in reducing visual intrusion to the site. The whip antennae will be located in the far northern portion of the K building thus being effectively hidden from view and smaller antennae are to be painted to match the exterior building colors. Conclusion The repeater station as proposed is less noticeable and obtrusive as a repeater station which utilizes a large monopole. The use is not detrimental with the surrounding land uses and the interior and exterior changes proposed have not been found to be adverse.The unit is equipped with fire suppressing equipment and will not present a hazard above any other reasonable use of the unit. The traffic impacts related to the project are minimal as the project will generate approximately 12 visits to the site for -maintenance a I purposes over the course of a year. The visual impcts are limited and the location of all exterior equipment has been located and mitigated to a great extent. ENVIRONMENTAL ASSESSMENT: Environmental Determination: Pursuant to the terms. of California Environmental Quality Act (CEQA) , the City has determined that this project requires a Negative Declaration. PUBLIC NOTIFICATION: This application was advertised in the Inland Valley Daily Bulletin, San Gabriel Valley Tribune, and the Highlander on October 28, 1992 and all property owners (180) within a 500 radius were mailed notices of the public hearing. RECOMMENDATIONS: The staff recommends that the Planning Commission approve draft Resolution and the Findings of Fact and conditions. PREPARED BY: Rob Searcy, Associate Planner ATTACHMENTS: Application Initial -Study Site Plan/Revised Floor Plan Draft Resolution of Approval Negative Declaration F:\WP51\W0RK\R0B\CUP92-9.STY 3 RESOLUTION NO. 92-88 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 92-9 A REQUEST TO LOCATE AN UNMANNED CELLULAR TELEPHONE SITE OF TELEPHONE TRANSMITTING EQUIPMENT INSTALLED WITHIN A LEASED 665 SQUARE FOOT INTERIOR AREA AND ROOF TOP ANTENNAS, 23555 GOLDEN SPRINGS DRIVE, DIAMOND BAR, AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals 1. The applicant, PACTEL CELLULAR, P.O. Box 19707, Irvine, CA 92713 has heretofore filed an application as described above in the title of this Resolution. Hereinafter in this Resolution, the.project, located at address indicated in the title of this Resolution, shall be referred to as "the application". 2. On April 18, 1989, the City of Diamond Bar was estab- lished as a duly organized municipal corporation 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. 14, thereby adopt- ing 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. The City of Diamond Bar lacks an, operative General Plan. Accordingly, action was taken . on the. subject application, as to consistency with the General Plan, pursuant to the terms and provisions of Ordinance No.4 (1992) of the City of Diamond Bar. 4. On November 23, 1992 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application, and concluded said public hearing on that date. 5. All legal prerequisites Resolution have occurred. 1 to the adoption of this B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as,follows: 1. This Planning Commission hereby specifically finds that all of facts -set-forth.,in the Recitals., _Part Af of --this Resolution are true and correct. 2.. The Planning Commission hereby finds that the initial study and review prepared by.the City of Diamond Bar and a Negative Declaration has been prepared for this project in compliance with the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder and further said Negative Declaration reflects the independant judgement of the City of Diamond Bar. 3. The Planning Commission, hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an -adverse effect on wild life resources or the habitat upon which the 'wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 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. 4. Based on the substantial evidence presented to the Planning Commission during the above -referenced public hearing opened on November 23, 1992 and concluded on said date including written and oral staff reports, togqther'with public testimony, and in conformance with Ordinance No. 4 (1992), the Planning Commission hereby specifically finds as follows: (a) The subject property is located at 23555 Golden Springs Dr. in the City of Diamond Bar and is currently developed , with a two story commercial office building. To the north is a vacant lot, to the south is single family residential development, to the east there is a multi -family residential development, and to the west there is 0 a commercial office development. (b) That the requested use at the location will not: (1) Adversely affect the health, peace, comfort or welfare of persons residing 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 public-health, safety or general welfare; and (c) That the proposed site is adequate in size and shape to accommodate the yards, walls, parking facilities, landscaping and other development features prescribed in this approval; and (d) 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 (2) By other public or private service facilities as are required. (e) The property is located in Zone C-1 and allows this use by conditional. Use Permit. The site is approximately 1 acre in size and is developed with an existing commercial center/office building; (f) The applicant's request is for the improvement of an existing unit and the location of a microwave repeater station and antennas on an existing structure; (g) The subject site lies within the Diamond Bar General Plan General Commercial designation; The current zoning of the site is in compliance with the land use designation; Notification of the public hearing' for this project has been made; (i) The design and layout of the propos ' ed project is consistent with the applicable elements of the City's General Plan, . design guidelines and architectural criteria of the appropriate dis- trict; (j) The design and layout of the proposed development - will not unreasonably interfere with the use and 3 enjoyment of the neighboring existing and future developments, and will not create traffic or pedestrians hazards; (k) The architectural design of the proposed microwave repeater station is compatible with the character of the surrounding current and proposed development and will maintain the harmonious, orderly, and attractive development contemplated by this Chapter and the General Plan of the City; 5. Based upon the findings and conclusions set forth herein, this Commission, in conformance with the General PlAnt hereby finds as follows: (a) The project is consistent with the adopted General Plan; (b) Substantial evidence exists, considering the records as a whole, to determine that the project, as proposed and conditioned herein, will not be detrimental to or interfere with the adopted General Plan. 6. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, 4, and 5 above, . this Commission hereby approves the application subject to the following restrictions as to use and standard conditions contained within this document: Conditions of Approval 1. The repeater station is approved as shown. Three copies of the revised plot plan marked Exhibit "All and conforming to such of the following conditions as can shown on a plan, shall be submitted for approval of the -Community Development Director.' The property shall thereafter be developed and maintained in substantial conformance with the approved plans. 2. That the applicant must, comply with all State Zone C -2 - BE, Engineering Department, and Building and Safety Department requirements. 011V _pie year and must within that period extension may be City 30 days prior 3. This grant is valid for (i.e. construction started) will expire. A one year writing and submitted to the ration date. 4. This permit shall not be effective a duly authorized representative of the involved has filed, at the office of Development Pepartment, the Affidavit that the applicant is aware of, and U be exercised �r this grant requested in to the expi- for any purpose until owner of the property Diamond Bar Community of Acceptance stating accepts all the con - ditions of this permit; 5. That all requirements of the Zoning Ordinance and of the underlying zoning of the subject property must be complied with, unless set forth in the permit and shown on the approved plans and a Development Program must be submitted to the Community Development Director before this permit can be exercised; 6. Appropriate fire suppression equipment shall be installed as a part of the components of,the repeater station located within the interior of the office unit. Engineering Department Conditions Restriping of the entire parking area including 1irlectional arrows. �(2y Pay portion of the slurry sealing costs for lengths of 4�Glglden Springs Drive and Torito Lane that front the lot. The .cost for slurry sealing this area would be: $2,500. (3) Provide the Public Works Department with three copies of a Preliminary Title Report. (4) Address all plan check comments on the revised site plans. AT Please indicate main sewer and laterals to building, on `the revised site plan. 8. 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, return receipt request, to: Elaine Diorio and PacTel at the address as set forth on the Application. APPROVED AND ADOPTED THIS 23RD DAY OF NOVEMBER, 1992 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR Bruce Flamenbaum, Chairman 9 I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23RD day of November, 1992, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: James DeStefano, Secretary C AM m gp BIN ig 49EI5 Mal G 6 _mac In gi;5 r > F-Ij z 4 .00. O� ci M > FF GOLDEN SPRINGS DRIVE I A G) ol o. -H A. Fi m we- Z Ag, P, Is' •moi -04 tn . p P UP z r mP 0 z i4g 0 m NEGATIVE DECLARATION CONDITIONAL USE PERMIT NO.92-9 Applicant: PACTEL CELLULAR P.O. BOX 19707 Irvine, CA 92713-9707 Proposal: A request to locate an unmanned microwave telephone transmitting/ receiving repeater station within an enclosed unit and to locate antennas and a satellite dish on the building exterior. The existing building is currently developed as a commercial retail and office building. Location: .23555 Golden Springs Drive, Suite E Environmental Findings: The proposed project, as determined* by the Planning Commission of the City of Diamond Bar, will not have a significant effect on the environment. This conclusion- is based on the attached environmental checklist. Negative Declaration All "yes" and "possibly" answers and mitigation measures. 18. Aesthetics. (a) Explanation: The exterior addition of the microwave dish and antennas may have a visual impact on adjacent land uses. Mitigation Measure: The applicant will be required to construct exterior attachments to the northern portion of the structure and to paint all items the color of the existing exterior materials to the maximum extent possible.. z -z 0 T "= 3 tJu 30 ke WE J cc C �a o foo F o px° oo -IL z n Lu 0 4 0 S` cJt'g' d pyo W $ �a� i i _ _ �o� a 9 J q p Jyjii O WO.].�� �G;i �S W� w p 2 •'mac z �9 �Ry3�0 3 9 _O S°uW H aYn{c 3nvz o n s` 2. Isar m � GCi ziz<vl g sS h giva S`JNMdS N� p� ' ' oo 3�m u �Hr- yy 3�ti S .jp � b 0', NNW cll M. * Ex i U - 8g HE I -M o 0 ' ' oo 3�m u �Hr- yy 3�ti i V ow°r HE I -M o 0 0 o uv� oy e R sp.ice%61 0 CG.103d x Z� 61 T3 ^0 � O < `4 4 v4l Foy < 61 iCl T\ Ol o< 0 1 61 ? Y�ll dl Z m 10 -u 0 (00 C, L 2355D, 641 All ,PRO Tn C -r w < 0�1 1- %1 A L 06 S -ooNS SO �E Ml _ z g CD NO t- IDO 03 1Y T', U Lr) 10 Ul or) $0 r m m S S / W d 41 _7 c, 10 -4 44 o co Z3702, '14 101, io� j U1fX UY-M&MUND BAR DEPARTMENT OF PL&UNG 21660 E. Copley Drive Suite 190 (714)396-5676 Fax (714)861-3117 CONDITIONAL USE MOM APPLICATION Case Fee.$ Receipt By Record Owner(s) Applicant Applicant's Agent Name TORTIO PLAZA P'SHIP PACTEL CELLULAR E.C. DIORIO (Last name first) Address23555Golden Springs P,O, Box 19707 City Diamond Bar, CA Irvine, CA c/o PTC P,O, Box 19707 Irvine, CA zip 91765 92713-9707 92713-9707 Phone(714 861-2800 (714 222-7618 (71� 222-7618 (Attach separate sheet if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations) CONSENT: I consent to the submission of the application accompanying this request Signed (SEE ATTACHED) Date (ALL recorded owners) Certification: X, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Printed Name: E,C, Diorio for PacTel Cellular (Applicant or Agent) Signed_ Date 41 ',919 2 - (App lYcant or Agent) Location 23555 Golden Springs Drive, Diamond Bar, CA (Street address or tract and Lot number) Zoning Commercial C-1 HNM Previous Cases Present Use of Site Commercial Office Building Use applied f orUnmanned cellular telephone site consisting of telephone transmitting receiving eqUipment'ins fallea witHin a leaseO 665 are .cont intepiep ape@ + PQQ:F-tQD 2-QteQQaeS- Project Size (gross acres) N/A Project density n/A Domestic Water Source NIA -company/District N/A Method of Sewage disposal NIA Sanitation District N/A Grading of Lots by Applicant? Yes N/A No (Show necessary grading design on site plan or tent map) APPROPRIATE BURDENS OF PROOF MUST ACCOMPANY REQUEST E LEGAL DESCRIPTION (all ownership comprising the proposed lots)/parcel(s) (SEE A11ACHEW Area devoted to structures N/A Landscaping/Open space N/A Residential Project: N/A and N/A (gross area) (No.. o f bots) Proposed density N/A (Units/Acres) Parking Required Provided Standard _ N/A Compact Handicapped Total TORITO PLAZA PARTNERSHIP We, owners Of Torito Plaza located at 23555 Golden Springs Drive in the City of Diamond Bar, California hereby consent to the sub- mission of the application showing PACTEL CELLULARasapplicant dated July 30, 19921 V L SIG ATU—RK/S) SIGxAT4U4R 4(s) ROBERTA F. MILLER 23555 E GOLDEN -SPRINGS DRIVE DIAMOND BAR CA 91765 N BOBBY D. MILLER 23555 E GOLDEN SPRINGS DRIVE DIAMOND BAR CA 91765 k TORITO PLAZA PARTNERSHIP We, owners of Torito Plaza located at 23555 Golden Springs Drive in the City of Diamond Bar, California, hereby consent to the sub- mission of the application showing PACTEL CELLULAR as applicant dated July 30, 1992, SIGNATURE PATRICIA PEFLEY 2022 MERRILL LANE BULLHEAD CITY AZ .86430 TORITO PLAZA PARTNERSHIP We. owners of Torito Plaza located at 23555 Golden Springs Drive in the City of Diamond Bar, California, hereby consent to the sub- mission of the application showing PACTEL CELLULAR as applicant dated Ju l y 30, 199211 _ J SIGNATURE (S) SIGNATURE (S) KENNETH.M. & GLORIA LOVETT 3474 PIAUTE ST GEORGE UTAH 84770 C TORITO PLAZA PARTNERSHIP 23555 Golden Springs Diamond Bar, CA LEGAL DESCRIPTION A ." portion Of Section -:, 7ownship 2 South, Ran e Base and Meridian, described as follows: '? gWest, San Bernardino �ornencing at e n the os-, Southerly corner 04 Lot 8, No. 24724, as per m. a p recorded in Book 647 Pages to a f said count '? inclusive Of Maps, records 'hence South 373* 20' 00" East along 'Y; I Prolongation Of Southwester) - the Southeasterly feet ..:. ly I'*ne Of said Lot 9, a distance of 254.6a �o tie beginning of a tangent curve concave Northeaster) having a radius of 170.00feet; ' y and hence Southeasterly along said urve 16.56 t to the true point of beginning, a radial line throughcsaid Point bears North 50, 171 00a ;7as-; 47 -hence continuing . 'S 1--t; thence tangent said curve along said curve feet 4. d South 540 57' 00" East72 ,o the beginning of a tangent curve a radius 0 15.00 feet; concave Northerly and having said curve being tangent at its Easterly erminus to the Northuestarly line drive is Of Golden Springs Drive, as said 66 a shown on map of Tract No. 24725, recorded A. *hence in Book 65.5 Pages 4nclus4ve of "laps; s;' ance South eas ter I y, 1. Nor -�h ea ster 1 y along said curve easterly and said Golden Springs Drive, 24. 2S feet to the Northwest line of sal d line being a curve concave Northwesterly and having a radius of 960.00 feet a radial line to both curves through said point bears North 57* 40' 46" West; thence Northeasterly along said line 120.70 feet .6o I - - ter -minus of said curve the Northeasterly in said line; thence continuing Mor t h 25*1 071 00,,castalong said line 12.00 feet; thence North 64- =31 00,, 15-0. 00 e t; `.-hence South �_I* 35" 13" West 120.0o feet��, the We s t Point of beginning. true t (staff use) PROJECT NUAiBER(s) : ------------------ ------------------ ------------------ ------------------ INITIAL STUDY QUESTIONNAIRE A. GENERAL INFOP-M&T I ON Project Applicant (Owner): Project Representative: Torito Plaza Partnership E.C. Diorio for PacTel Cellular NAME NAME 23555 Golden Springs Rd. P.O. Box 19707 ADDRESS ADDRESS Diamond Bar, CA 91765 Irvine, CA 92713-9707 X714) 861-2800 (Bobhi-Q-_Miller) (714) 222-7618. PHONE # PHONE # 1. Action requested and project description: _UMManBad Cellular telephone equipment installed site ConSi s i Mgof ted epr^na i ran�mi fii n�tLrc�CPi LTi ncl ti65 �auar� 1=�ot � nfiPri �r arPa _�- r�Cf-top antennaes . wi-�" i oaaAd 2. Street location of project: 23555 Golden Sprin_^_as Drive, Diamond Bar CA'., 91765 3a. Present use of site: Commercial Office Building 3b. Previous use of site or structures: N/A 4. Please list all previous cases (if any) related to this project: NSA 5. Other related permit/approvals required. Specify type and granting agency.. FCC 6. Are you planning future phases of this project? Y N If yes, explain: N/A 7. Project Area: Covered by structures, paving: q— Landscaping, open space: Total Area: 8. Number of floors: N/A 9. Present zoning: C-1 10. Water and.sewer service: n/A Domestic Public "`s ' Water Sewers Does service exist at site? Y N Y N If yes, do purveyors have capacity to meet demand of project and all other approved projects? Y N Y N If domestic water or public sewers are not available, how will these services be provided? N/A Residential Projects: N/A 11. Numbei 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 additional classrooms? Non -Residential projects: 13. Distance to nearest residential use or sensitive use (school, hospital, etc. Approximately 250 feet 14. Number and floor area of buildings: EXISTING STRUCTURE 15. Number of employees and shifts: Unmanned facility 16. Maximum employees per shift: n/a 17. Operating hours: 24 Hours - unmanned facility 18. Identify any: End products N/A Waste products N/A Means of disposal N/A 19. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radioactive materials? YES NO If yes, explain N/A 20. Do your operations require Any pressurized tanks? YES NO If yes, explain 21. Identify any flammable, reactive or explosive materials to be located on- site. None 22. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? YES NO If yes, explain 7 B. ENVIRONMENTAL INFORMATION 1. Environmental Setting --Project Site a. Existing use/structures Commercial Office Building b. Topography/slopes N/A *c. Vegetation N/A *d. Animals N/A *e. Watercourses N/A f. Cultural/historical resources N/A 9. Other N/A 2. Environmental Setting -- Surrounding Area a Existing uses structures (types, densities): Vaunt land, m,=djr_aJ ceni-tzr_, rani d tmn f-- i al b. Topography/slopes N/A *c. Vegetation N/A *d. Animals N/A *e. Watercourses N/A f. Cultural/historical resources N/A g. , Other N/A Answers are not required if the area does not contain natural, undeveloped land. 3. Are there any major trees on the site, including oak trees? YES NO If yes, type and number: 4. Will any natural watercourses, surface flow patterns, etc., be changed through project development?: YES NO If yes. explain: 5. Grading: Will the project require grading? 'YES NO If yes, how many cubic yards? Will it be balanced on site? YES N/A NO If not balanced, where will dirt be obtained or deposited? N / A 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES NO If yes, explain: 7. Is the . property located within a high fire hazard area (hillsides with moderately dense vegetation)? YES NO Distance to nearest fire station: Less than two (2) miles 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? No 10. What energy -conserving designs or material will be used? N/A 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 qf my knowledge.and belief. Date ignature For: I. Background 1. Name of Applicant: Torito Plaza Partnership 2. Address and Phone Number of Proponent: 23555 Golden Springs Road Diamond Bar, CA 91765 (714) 861-2800 3. Name Address and Phone of Project Contact: Elaine C. Diorio c/o PACTEL CELLULAR P.O. Box 19707 Irvine, CA 92713-9707 (714) 222-7618 4. Date of Environmental Sejztemhg-_r 04, 1992 Information Submittal: 5. Da t e of Environmental Checklist Submittal: September 04, 1992 6. Lead Agency (Agency Required Checklist) City of Diamond Ra'r 7. Name of Proposal, if applicable (Tract No. if GOLDEN SPRINGS/TORITO PLAZA -Subdivision): 8. Related Applications (under the authority of this environmental determination): INITIAL STUDY QUESTIONNAIRE C.U.P. APPLICATION Variance: x Conditional Use Permit: x Zone Change: x General Plan Amendment: x (Attach Completed Environmental Information Form) 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 X a. Substantial air emissions or deterioration of ambient air quality? X b. The creation of objectionable odors? XC. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? 3. Water. Will the proposal result in: X a. Changes in currents or the course or direction of water movements? 1. Earth. Will the proposal result in: X. a. Unstable earth conditions or changes in geologic substructures? X b. Disruptions, displacements, compaction or overcovering of the soil? X C. Change in topography or ground surface relief features? X d. The destruction, covering or modification of any unique geologic or physical feature? X e. Any increase in wind or water erosion of soils, either on or off the site? X 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? X 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: X a. Substantial air emissions or deterioration of ambient air quality? X b. The creation of objectionable odors? XC. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? 3. Water. Will the proposal result in: X a. Changes in currents or the course or direction of water movements? YES NO POSSIBLY X __ X X X X X X X X X X 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? g. Change 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 thesize 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: X 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)? X b. Reduction in the numbers of nay unique rare or endangered species of animals? X C. Introduction of new species of animals into an * area, or in a barrier to the normal migration or movement of resident species? X d. IL -duction in size or deterioration in quality of existing fish or wildlife habitat? 6. Noise. Will the proposal result in: X a. Significant increases in existing noise levels? X b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal result in: X a. Significant new light and glare or contribute significantly to existing levels of light and glare? 8. Land Use. Will the proposal result in: X a. A substantial alteration of the present or planned land use in an area? 9. Natural Resources. Will the proposal result in: X a. An increase in the rate of use of any natural resources? 10. Risk of Upset. Will the proposal result in: X 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 X X X X ` 91 X M X X X 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 on 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? YES NO POSSIBLY X 4. Parks or other recreational facilities? X 5. Maintenance of public facilities, including roads? X 6. Other governmental services? 15. Energy. Will the proposal result in: X a. Useof substantial amounts of fuel or energy? X 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: X a. A need for new systems, or Substantial alterations to public utilities? 17. Human Health. Will the proposal result in: X a. Creation of any health hazard or potential health hazard (excluding mental health)? X b. Exposure of people to p potential health hazards? 18. Aesthetics. Will the proposal result in: X 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: X a. An impact upon the quality or quantity of existing recreational opportunities? 20. Cultural Resources. Will the proposal result in: X a. The alteration of or the destruction of a prehistoric or historic archaeological site? YES NO POSSIBLY X 21. 91 X b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? C. A physical change which would affect unique ethnic cultural values? d. Restrictions on existing religious or sacred uses within the potential impact area. 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 long -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? W CONDITIONAL USE PERMIT CASE -BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the 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. 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. 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 MID A. The installation and use of this facility will improve and expand this portion of PacTel Cellular's service area as designated by the State Public Utilities Commission and offer improved service to consumers in this area. Because of the expanding number of cellular telephone users in this area, this site is necessary to provide additional call capacity in this region. This proposed installation is similar to numerous cell sites that PacTel Cellular has throughout Southern California. The rooftop antennaes and dishes will be painted to match the building. The cellular equipment placed within the office building will not disturb other occupants of the office building or in the area with harmful noise, odors, fumes, radiation or smoke. The numerous PacTel Cellular facilities similar to this one have not resulted in any problems or complaints. The unmanned facility would be visited four (4) to twelve (12) times per year by a maintenance crew and given the allotted parking for the existing office space. There would be no need for additional parking. 2. By other publ-l'c or private service facilities as are required. N/A Unmanned facility — -Fn -FI, czjj,, to..bg on a 1iinj-j--,--d ha( -;i I q- 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 91765-4177 714-860-2489 • FAX 714-861-3117 1. Background: 1. Name of.A QjAcant: 4. Dpjof�Iwi c�nmejQ� yrmatlon Submittal: 5,�Wdf ErWironmenfiklist Submittal: 6. lead Agency((Agencl Re inn Checklist): DIFFMOlJDgB� 7. N me of Proposal if a iica% { i tact No. if Su6d1v' ion): �pnlDlTiow/Ad..- IT q2— S. Related Applications (under the authority of this environmental determination): Yes No CnndltIonal Use Permit: Zone Change: General Plan Amendment: (Attach Completed Environmental information Form) H. Environmental impacts: (Explanations and additional Information to supplement all "yes" and "posslbiy" answers are required to be submitted on attached sheets) Yes No Possibly i. Earth. Will the. proposal result In: V a. Unstable earth conditions or changes in geologic substructures? b. Disruptions, displacements, compaction or overcovering of the soil? _ 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 modity the channel of constant or intermittently flowing water as well as the areas surrounding permanent or intermiittent standing water? g.. Exposnfa of people or property to geologic hazards such s earthquakes, landslides, j mudslides, ground failure, or similar hazards? 1/ 2 Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? t� 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: a. Changes in currents or the course or direction 61 water movements? 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 of water? e. Discharge into surface waters, or in any alteration of surface water quality. including but / not limited to dissolved oxygen and turbidity? • t� I. Alteration of the direction or rate of flow of ground waters? g. Change 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? L Exposure of people or property to water related hazards such as flooding? City of Diamond Bar Initial Study Form Page 3 4. Plant ufe. Mnil 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 or endangered species of plants?. c. Reduction in the size of sensitive habitat areas or plant communities which are recognized as sensitive? )f d. intleps?lants into an area, or in a barrier to the normal area, of new xisspecies ( specie repnishment of eting e. Reduction in acreage of any agricultural crop? 5. Animal Life. Will the proposal result In: 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 any dnique 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? Yes Nu __Z- b. Exposure of people to severe noise levels 77--- 7. Light and Glare. VVIII the proposal result In: a. Significant new light and glare or contribute significantly to existing levels of light and glare2 B. Land Use. Will the proposal result In: a. -A substantial afteraton of the present or planned land use in an area? 9. Natural Resources. VVIII the proposal result In: a. An increase in the rate -of use of any natural resources? 10. Risk of Upset. WIll the proposal involve: 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? b. Probable interference . rence with an emergency response plan or an emergency mergency evacuation plan? Yes NO rvSs�Ury 11. population. Will the proposal: a. Alter the location, distnbution, 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/Ctrculatlon. 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 on existing transportation systems? d. Alterations to present pattems of circulation or movement of people and goods. JG -- e. Alterations to waterbome, rail or air traffic? f. increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Wlil 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? S. Maintenance of public facilities, including roads? 6. Other governmental services?' 15. Energy. will the proposal result In: a. Use of 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? �I -w, Wry of Diamond Bar!nitiai Study Form Pages Yes NO POSSU71y 17. Human Health.` Will the proposal result In: J a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? 18: Aesthetics. W111 the proposal result In: a. The obstruction of any scenic vista or view open to the pdblic, or will the proposal result in / the creation of an aesthetically offensive site open to the public view? •.,i " 19. Recreation. Will the proposal result In: a. An impact upcgn the quality or quantity of existing recreational opportunities? 20. CulturaVResources. W►►I the proposal result In: / a. The atteration :of or the destruction of a prehistoric or historic archaeological site? b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c. A physical change which would affect unique ethnic cultural values? d. Restrictions on existing religious or sacred uses within the potential impact area., Cf:y of Diamond Bar Initial Study A= Page 5 21. Mandatory.Findings of Significance? a. Does the proposed project have the potential to degrade the quality of the environment, t substantia ly reduce the habitat of a fish or wildlife species, cause a fish or wildliffe-population to drop below self sustaining levels, threaten to eliminrestrict to or significantly reduce a plant or animal community, reduce the number or the range of a rare or endangered plant or animalor 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 long-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 D1scuSS!o:n of Environmental Evaluation: (Attach NarratIve) Yes No Possibly iv. Determination: On the basis of this. Initial evaluation: Ifindthat1he roposedproe COULD . NOT have a significant effect on the environment, and a NETATIVE DEVRATION will be prepared. lif* the environment, I find that although the proposed project could have a sigr icant effect on e enviro e there will not be a significant effect in this case because the mitigation measures describk on the attached sheet have been incoated into the posed project. A MITIGATED NEGATIVE DECLARATIOrporN Wl" BE PREproPARED. I find that the I proposed project MAY have asignilicant effect on effectond an E MENTAL IMPACT REPORT is required. signatur Date: 4-1 For the City of Diamond Bar, palifornia CITY OF DIAMOND I 2 DEPARTMENT OF PLANNING 21660 E. Copley Drive Suite 190 (714) 396-5676 FAX (714) 861-3117 r�eOiLaTc,P'S CLk f' Applicant Case Number ; N -' i o K, -q r' ---K- -u-u Filing to ¢ Fee $ Receipt S 103 (o I �• By Applicant's Agent �e,c� -•�- 1'-'l i�.y L fit= � dk!/tel e �%/�l -3 gr a /Z- &—D�e 3%7 �f aP 3is' C_HI - A. CA NOTE: When review is completed copies are provided to the appropriate Building & Safety office and to the applicant for his file. Location: AZO (o �7 l L� i�+r� ��• , �� � � 3, �iA M.,j b S91" I 0_14 (eOL; 14- PAZ.4 ) -hetWeenn.ffjA.r of �'��,m� f�A!,y;�n and •Zoning: C , HNM: �� 1 Request: (Please RES ID�TIAL: �� Total Units Density: Total Pkg. . y. rtease y new or tion) Bachelor 1 Bedroom 2 Bdrm. & larger Cov. Pkg. Uncov. Pkg. Maximum Height: No. of floors: NON-RESIDENTIAL: 2,422 (38,884 center) 1 (3 in center) Sq. ft. area No. of Bldgs. Occupant Load* PARKING: 209 121 83 5 Total Standard Compact Handicap LANDSCAPING: 13,000 Sq. feet * Occupant Load as calculated by Building & Safety is required for all dining take-out or assembly use. churches, health clubs, theaters, etc. Record Owner(s) Kirkelie Business Name Parks Ltdy (Last name first) Address 13060 Glenoaks Blvd.- lvdSui Suite e 10 1 City Sylmar, CA Zip 91342 Phone (818 ) 362-3707 Applicant Case Number ; N -' i o K, -q r' ---K- -u-u Filing to ¢ Fee $ Receipt S 103 (o I �• By Applicant's Agent �e,c� -•�- 1'-'l i�.y L fit= � dk!/tel e �%/�l -3 gr a /Z- &—D�e 3%7 �f aP 3is' C_HI - A. CA NOTE: When review is completed copies are provided to the appropriate Building & Safety office and to the applicant for his file. Location: AZO (o �7 l L� i�+r� ��• , �� � � 3, �iA M.,j b S91" I 0_14 (eOL; 14- PAZ.4 ) -hetWeenn.ffjA.r of �'��,m� f�A!,y;�n and •Zoning: C , HNM: �� 1 Request: (Please RES ID�TIAL: �� Total Units Density: Total Pkg. . y. rtease y new or tion) Bachelor 1 Bedroom 2 Bdrm. & larger Cov. Pkg. Uncov. Pkg. Maximum Height: No. of floors: NON-RESIDENTIAL: 2,422 (38,884 center) 1 (3 in center) Sq. ft. area No. of Bldgs. Occupant Load* PARKING: 209 121 83 5 Total Standard Compact Handicap LANDSCAPING: 13,000 Sq. feet * Occupant Load as calculated by Building & Safety is required for all dining take-out or assembly use. churches, health clubs, theaters, etc. CONSENT: I consent t the ,submission of this applica n. C t(L � �t .ham �'n,� Si. /f�F11jS� LTDiFc.=v.A T Signed A-4; �' , (! Date i 0 .2-2 Z 117- (AU,,0tcopd owners) r --- CERTIFICATION: I hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Printed Nam ,V fit. ( Cicant or Applicant's Agent) Signed Date '_e:) /a Ic t r AppCicant's Agent) Planner Previous Plot Plans t•1'1i Kti I If ' IRFAN KHAN ! Los Angeles Times studies English with Elly L IC~r = Indonesia, at San Gabriel Community Campus. Oki` 1W01r "Wf h Y% $'1 :reale in Foreign-BVn Population in Many Cities aT� population—or 17 of its 846 residen Incomes rose throughout the San ,';' Gabriel Valley, although not uniformly ssseC�xs '" As of 1990, Bradbury was the mos .„ affluent city, with a median household :out the F,� gas .tr�� income of $105,178, followed by San y _ Marino, with $100,077. The next richest Cto has =tet y ` cities are Walnut, $64,333, and Diamond ants k y Bar, $60,651. lessConversely, the .poorest city was South El Monte, with a median house- s in hold income of $27,074, followed by El fter the Wwy n'a� Monte with $28,034 and Rosemead, �-' - $29,770. Bradbury's wealth was up 634'0,• . " but El Monte's median household in- come increased by only 21%. The pov- erty level for a family of four was $12.674 in 1990, according to the U.S. . �. � OOIng government. ' T n many cases. income levels corre- sponded to education levels. South El :Monte and El Monte are the poorest cities in the San Gabriel Valley and they ►ses that races. 'IS 3 majority of the seats • on the At r Seats seven stake bOird, which in recent years has been contention=' Some candidates have accused oard. others of ham conflicts of interest. In addition, local officials.$' several cities, along with some ehalieng `e blasted the board and incum- 5111111110�bents for bICW-''g. for excessive travel expenses --A a,,,. the $100 Per diem paid for meetinL7s- in fourth through 12th grades last spring at six private and 10 public schools in Pasade- na. More than 75% of the 11th- and 12th - graders in the schools surveyed said they know someone their age who has a gun, and 21% said they have been shot at. Of these juniors and seniors, 88% said they have tried alcohol. The survey used an anonymous ques- tionnaire to get student response on vio- lence, gangs and drug abuse. It was commissioned by Day One, a Pasadena coalition of schools, civic leaders and social service agencies formed to battle drug and alcohol abuse. The group plans to use the Survey to assess the need for intervention / i Please see SURVEY, J6 � Officials Believe Karaoke Clubs Attract Crime n Law enforcement: Police say the club's secluded rooms can become gathering spots for organized crime. Two shootings have occurred at an Alhambra lounge, and several cities are watching the businesses closely. By AMY LOUISE KAZMIN TIMES STAFF WRITER The reflection of the strobe light on. the mirrored walls of the Alhambra lounge created a dazzling display as three youths belted out Chinese pop hits to music from a karaoke machine. Later, sitting around a table with friends, they said the U2 KTV & Cafe is a comfortable place to hang out and exercise their vocal talents. "Kids come here to sing and socialize," said a 17 -year old Walnut girl, who asked that her name not be used. "I've met a lot of nice kids here, a lot of straight -A stu- dents." But Alhambra officials have a different Please see KARAOKE, J3 Three Valleys Water District A member of the Metropolitan Water District, the Three Valleys Municipal Water District arranges for water to be transported to 475,250 residents in the East Sari Gabriel, Walnut and Pomona valleys. The seven members represent divisions whose areas were realigned after the 1990 Census. Members will be elected Nov. 3 in divisions 2, 4, 6 and 7. There are 19 candidates, including incumbents in three divisions. IRFANKIIAN 1..+aner"17— also have the lowest percentage of Population surged 133, in Walnut. residents with graduate or professional one of the valley's beoming areas. degrees -1.9176 and 1.7% respectively. Meanwhile, San Marino had the high- gra- 3nd- San Gabriel Valley Orxi +nto p!.mned est percentage of residents .with gradu- tion,' communities in the eiltern '-.►ilex•, ..uch ate or professional degrees. Not surpris- :ncy, as Diamond Bar abd �4'a:nut. A:;:an ingly, Claremont, home to the six leges, has the Claremont lresidents populations also g�l :n chase cities, secondihighest number ofious with San as well as in proms end suburban advanced degrees. Other erudite cities: hout alley Hacienda Heights. _ Bradbury, South Pasadena and Pasade- Walnut, one ofc biggest boom na. 3,till towns in the stat4L.:rrw a stunning More San Gabriel Valley residents 133%, followed br; r�ghboring Dia - went off to college in the 1980s, and ne— irity, 91.41. Po ula- mond Bar, which P. many cities posted healthy increases in forks tions were up almos«,crywhere except the number of bachelor's degrees. in the business-do6k 4tM City of In- Among the cities with the highest gains 7 the dustry, which lost 6% ,f :t_v people, and were Irwindale with 217%, Walnut with ' r' :r whla lost ?`�o of its Please see CENSUS, J4 ►ses that races. 'IS 3 majority of the seats • on the At r Seats seven stake bOird, which in recent years has been contention=' Some candidates have accused oard. others of ham conflicts of interest. In addition, local officials.$' several cities, along with some ehalieng `e blasted the board and incum- 5111111110�bents for bICW-''g. for excessive travel expenses --A a,,,. the $100 Per diem paid for meetinL7s- in fourth through 12th grades last spring at six private and 10 public schools in Pasade- na. More than 75% of the 11th- and 12th - graders in the schools surveyed said they know someone their age who has a gun, and 21% said they have been shot at. Of these juniors and seniors, 88% said they have tried alcohol. The survey used an anonymous ques- tionnaire to get student response on vio- lence, gangs and drug abuse. It was commissioned by Day One, a Pasadena coalition of schools, civic leaders and social service agencies formed to battle drug and alcohol abuse. The group plans to use the Survey to assess the need for intervention / i Please see SURVEY, J6 � Officials Believe Karaoke Clubs Attract Crime n Law enforcement: Police say the club's secluded rooms can become gathering spots for organized crime. Two shootings have occurred at an Alhambra lounge, and several cities are watching the businesses closely. By AMY LOUISE KAZMIN TIMES STAFF WRITER The reflection of the strobe light on. the mirrored walls of the Alhambra lounge created a dazzling display as three youths belted out Chinese pop hits to music from a karaoke machine. Later, sitting around a table with friends, they said the U2 KTV & Cafe is a comfortable place to hang out and exercise their vocal talents. "Kids come here to sing and socialize," said a 17 -year old Walnut girl, who asked that her name not be used. "I've met a lot of nice kids here, a lot of straight -A stu- dents." But Alhambra officials have a different Please see KARAOKE, J3 Three Valleys Water District A member of the Metropolitan Water District, the Three Valleys Municipal Water District arranges for water to be transported to 475,250 residents in the East Sari Gabriel, Walnut and Pomona valleys. The seven members represent divisions whose areas were realigned after the 1990 Census. Members will be elected Nov. 3 in divisions 2, 4, 6 and 7. There are 19 candidates, including incumbents in three divisions. LOS ANGELES TIMES Continued from J1 view of the year-old club on East Bay State Street. In the wake of two shootings there in six weeks,_ including an Aug. 26 slaying, au- thorities are concerned that the lounge is a gathering spot for Asian organized crime figures. Both the gunman and the victim in the August killing had ties to known Asian crime groups, police said. Club owner Susan Sun, a Tai- wanese immigrant and the mother of two young children, denies such allegations. She calls the shootings "bad luck. When a customer comes in, what can I do? We don't know who belongs to who." KTV clubs, like the U2, are distinguished from typical karaoke bars by their private rooms, each equipped with their own karaoke machines. In these small rooms, families and groups of friends can sing and enjoy the popular karaoke machines without standing in front of a crowd of strangers. Sun said she set up her business because "I like to sing a song, and rimy husband likes to sing a song." I,n her native Taiwan, she said, KTV clubs are a popular form of family entertainment, often used for celebrating birthdays and other special occasions. But in Taiwan, some KTV clubs have also become notorious gath- ering spots for drug users and dealers, who can party and do business in the private rooms, away from prying eyes. ecause of that notoriety, offi- cials in several San Gabriel Valley cities are keeping a tight Watch on local KTV clubs, which are slowly growing in popularity. In Arcadia, where there have been two nonfatal, gang -related shootings in karaoke clubs in the last year, the City Council on Tuesday will consider placing a temporary ban on new clubs. There are now five in the city. San Gabriel Police Lt. Jim Good- man said his city has adopted strict rules. Alcohol consumption is pro- hibited. Doors to the private rooms may not be locked. Rooms must have clear glass windows so people can see inside. Video cameras must be installed in hallways and securi- ty guards posted outside the prem- ises. The clubs must close at 3 a.m. "Any place that's open all night long, you are going to draw all kinds of different people," Good- man said, adding, "We are trying to 11WAN KHAN / Los Angeles Times Susan Sun, owner, and Jim Hsu, manager of U2 KTV & Cafe, have installed a video camera in ad effort to deter further incidents. Monterey Park officials took their concerns a step further in March when the City Council adopted a one-year moratorium on KTV clubs to allow the city to develop a policy on the issue. Adolfo Reta, director of commu- nity development, said guidelines are being developed that will allow karaoke machines in restaurants but would prohibit their use in private rooms. Due before the Planning Commission next month, such a policy would effectively ban KTV clubs in the city. Alhambra officials said they do not want to take any precipitous action against KTV businesses. But in response to the problems at the U2, the City Council has asked the city manager to review condition- al -use permits issued to the city's three karaoke businesses. Officials said they want to determine whether the regulations are appro- priate and to verify that clubs—es- pecially the U2—are complying. "I don't think that karaoke, in and of itself, is a bad activity," Councilman Boyd G. Condie said. "We want to just look at the whole picture and understand what are the elements causing the problem and stop it." The U2 has a plush, glitzy main lounge and 10 elegant private rooms, for as many as 10 people, that rent for $30 to $60 an hour. On a recent Monday night, a group of older adults had rented the largest private room. The others were empty. Only a handful of youths were in the main lounge. Business is much better on the weekends, Sun said. The club, which is not permitted Henchey said officers have at times have seen "evidence that liquor has been consumed" there. The first shooting at U2 occurred about 3:30 a.m. Aug. 26. Henchey said William Ling, 24, an associate of a New York -based crime syndi- cate, used a handgun to kill Dolby Lee, 25, of San Gabriel, identified as a high-ranking member of an Asian gang. Club patrons wrestled the gun from Ling, but he escaped. A warrant has been issued for his arrest. Henchey said detectives do not have a motive, although they be- lieve that the two men were ac- quainted. Authorities believe Ling might have been aiming at Lee's companion, a higher-ranking gang member, who was standing nearby. /® fter the slaying, Alhambra officials asked Sun to install a video camera at the club's main entrance. That camera recorded the second shooting Oct. 8. A patron who had left the club earlier armed himself with a handgun and forced his way back inside where he began arguing with a waitress, police said. After the man shot the waitress, patrons wrestled him to the ground and took the gun away. But the assailant was gone by the time police arrived. Investigators be- lieve that the gunman wanted to shoot someone in the club but the waitress, whose name has not been released, got in his way. The wait- ress is recovering. Despite the videotape, police have not identi- fied the gunman. Sun said the shootings have upset her and her business has suffered. MI/CNITA SING-ALONOt CUSTOMERS TAKE TRW MIKE AT A PEPSI PROMOTION AT ALSIRTSON'f W. HAT'S THAT NOISE IN AISLE 5? Kamoke may be coming soon to a supermarket or mall near you roak-ey. Carry -o -key. Kah-rah- okay. Karaoke. It doesn't matter how you pronounce it (kah-rah-OH- kay is right), as long as you get with it. Until now, the Japanese nightclub pas- time of singing along with recorded ac- companiment has been an oddity in the U. S., confined to Asian hangouts and the occasional establishment trying to boost its bar take. But that's about to change, as kamoke moves into the main- stream of American pop culture. Karaoke is a natural for celebrity -ob- sessed Americans, since it gives every- one the chance to be a star—temporar- By. After all, even the tone-deaf can sing to background music while the lyrics scroll along a screen at the proper tem- po. And the results are far more impres- sive than singing in the shower, since the canned music and live performance are electronically mixed, then amplified. um -Num. But karaoke's real U.S. home isn't nightclubs, where Yankee beer -guz- zlers aren't as enthusiastic as Japanese sake -sippers. Instead, the U. S. market for kamoke turns out to be parties and commercial events: It's replacing disk' jockeys at weddings and bar mitzvahs, clowns at kids bbda_y Qartzes` _, �3eo- me ans at sales meetings. Corporate sponsors are on oar ,-tbo, pouring ad- vertising bucks into karaoke promotions at such venues as car dealerships, sh p- pWjg..m dls, and grocery a res. Grocery stores? 'q -never thought we'd find 50 people a night who wanted to sing in a grocery store," says Joe Leder, manager of an Albertson's supermarket in Wichita. Instead, customers lined up for his week-long country-and-western karaoke promotion in May. Those who belted out such songs as All My Ex's Live In Texas won cash prizes and tick- ets to a Garth Brooks concert. Better yet: Receipts rose 20% for the week. The largest karaoke promotion so far has been PepsiCo Inc.'s "Uh-Huh" tour for Diet Pepsi. At more than 3,000 events in March and April, amateurs got. the chance to sing a song—and the Pepsi jingle—backed by the Uh-Huh girls (live) and Ray Charles (a cardboard cutout), while some 20 million watched. COMIC RELIEF. But it is Japan's Pioneer Electronic Corp. that gets the credit (or blame) for bringing karaoke to America. Pioneer first set up a subsidiary to sell karaoke in the U. S. in 1988. This year, sales wijj_.apWpaeh_;100 milr n: NTow, the industry's nascent trade association guesses that U. S. sales of equipment and music could top $600 million in 1992: That's welcome relief for a stagnant consumer -electronics industry, which showcased karaoke at its semiannual trade show in May. Its centerpiece was a 50,000 -square -foot Cafe Karaoke restau- rant, which hosted the biggest karaoke event' yet: nonstop contests on five stages simultaneously. Coming next? Karaoke Showcase, a weekly Tv talent contest that will appear on 120 stations starting June 6. Don't like to sing? Then try this:' At shopping malls across the U. S., you can soon catch the Stand Up To Go tour, a promotion that lets comic wannabes step up to the mike and read jokes as they scroll across the screen. That should be good for plenty of laughs --no matter how dismal the delivery. By Larry Armstrong in Las Angela The LGV300 Laser Kara0ke Autochanger System Crank up the volume of Laser Karaoke® __ The _LC V300-Autochanger System gives you industrial strength Laser Karaoke. Up to 72 discs can be stored on a single changer, chosen and played automatically. Moreover, 4 autochangers can be connected together, eliminating unnecessary handling of discs. And up to 8 songs can be selected at a time, so there's never a mistake in choice or order of preference. So connect the LC V300 System and turn up the volume. Then watch it turn your restaurant, bar or lounge into the ultimate Laser Karaoke party. 0 LCV300 LaserDisc Autochanger can store up to 72 discs. COV300 Autochanger Commander with remote control controls the karaoke menu list of up to 8064 songs (4 Autochangers connected). Eight -song sequence memory function and continuous Auto Play add convenience and can be operated by remote control. SA -V240 Stereo Mixing Amplifier with DSP ® BOVI80 Bill Box and Continuous Play Device. © DMV240R wireless Microphone © KCRVI50 Microphone Receiver • CB-V2850Y System Rack brings the entire karaoke system together in one clean, convenient rack. ® TVM-2710 27 -inch System Monitor r-1 cl t-1 T. r- ._. .,, AGENDA ITEM No. 4 SUBJECT: CODE AMENDMENT . PROPERTY: CITYWIDE (CA -92-002) APPLICANT: CITY OF MONTEREY PARK 1UMZX0_kXAC": PLANNING COMMISSION SEPTEMBER 24, 1992 PAGE I OF 4 The City of Monterey 'Park has - received inquires for the establishment. of KTV an increasing number of within the city. (Karaoke Television) uses Since there are no existing Code pro regulate such uses, the city is proposi visions to ng a Code Amendment to Title 21 of the Monterey Park municipal Code specifically concerning KTV (Karaoke Television) uses, Including establishment of dafinitior.s, development standards /parking requirements and identifying said KTV uses 83-a permitted use In certain Commercial zones upon approval Of a Conditional Use Permit. Legal Notice Of this hearing was Published 011 March 19, 1992, irl the Monterey Park Progress with an Affidavit cif file. Publication on A Negative Declaration has been Prepared and Posted in aocordiance with the adopted P?,-Ocedures relating to California Environmental Quality Act and the City's adopted Guidelines. delines. The .Negative Declaration reflects the independent judgement of the City with respect to Potential environmental impacts associ,,Ite(j with project implementation. STAFF REVIEw f-- V%".M^RT: The City is proposing a Code Amendment to Title 21 of the Monterey Park Municipal Code specifically regarding KTV (Kararke Television) vision) "Karaoke" is a form df ante'rtairanent originating from Japan. "Kara" means empty and "Oke" means orchestra, and thus, "Karaoke" is to perf0rM a song act when accompanied by music generated by live instrumental performance, audios and, or visual devices. Karaoke was first introduced to the community as A (-.Onditionally permitted accessory use to a bonafide restaurant/bar several years ago and has gradually become a Popular form of entertainment. KTV uses is to conduct Karaoke in. a place of entertainment where private room or Setting is available and Open to the members' of the public with charge. Accordingly, the major difference between "Karsoke" and "KTV" is the.setting-in which it is Performed. KTV is essentially a private Karacke Performance. The staff of the Community Development has received an increasing number of inquiries regarding the establishment Of KTV City, but there are no avie*4n m uses in the W ""J.Clpal (,.;Oae provislonr,. to AGENDA ITEM NO. 4 PLANNING COMMISSION CITYWIDE SEPTEMBER 24, 1992 PAGE 2 OF 4 STAFF REVIEW & REPORT:(CONT'D) regulate such KTV uses. Staff has perceived potential concerns if such KTV uses are unregulated by the city. Therefore, a review and study of KTV uses of neighboring municipalities was initiated by the staff in order to develop appropriate zoning regulations t6 govern such uses. 17 Subsequently, an urgency interim ordinance No. 1833 was adopted by the City Council to establish a moratorium an the issuance of permits for KTV uses in the City on March 9, 1992. Ordinance No. 1833 was extended by Ordinance No. 1838 to a period of ten (10) months and fifteen (15) days by the City Council on April 27, 1992. Government Code Section -65858 permits the adoration of an urgency interim ordinance on first reading, Effective immediately, upcz,, 4/5th's voLe of the City Council. The moratorium is valid for .forty-five days after its adoption and subject to an c_xtension of ten months and fifteen days and then another possible extension of one year. The staff recommends that the proposed ordinance be adopted which would require a Conditional Use Permit for the KTV uses within certain commercial zones. A parking'/traffic study was conducted in order to determine number of parking spaces required for the KTV uses. The City's Consulting Traffic Engineer recommends eighteen (18) parking spaces shall be required per 1,000 sq. ft, of gross floor area for the KTV uses. A. police study was prepared by the City Police Department discussing police problems related to KTV establishments. A number of concerns were raised by the City's Police Department and other law enforcement officials within the West San Gabriel Valley area. ABC (Alcoholic Beverage Control) violations and assaults were mentioned. The proposed Code Amendment recommends twenty-one (21) conditions which wojAld substantially mitigate potential problems concerned with KTV uses. After conferring with the Police Department, Code Enforcement Envision, Los Angeles County Sheriff's Metro Vice Unit, State of California Alcohol and Beverage Control Board, and the Cities of Alhambra, Arcadia, El Monte, San Gabriel and Rosemead, the staff has developed the, following standards and conditions for KTV uses: (1) , KTV rooms shall not have inter -connecting doors, only one door shall be used which is for entrance and exit purposes. (2) KTV rooms shall not have locks on the doors. (3) KTV rooms shall not have any interior alterations without City approval. t -i CI *-.-' — 2 — + Z H CI t-4 1 :1 . i 2 . __ I r, , , Z, t 1-1 .-. t-, r E- r- , , r* ra r- E . A_k P . o.4. , I I AGENDA -ITEM NO. 4' CITYWIDE PLANNING COMMISSION SEPTEMBER 24, 1992 PAGE 3 OF 4 STAFF- REVIEW A—AEPORT: (CONTI D) (4) The facility shall be subject to in Peet -ion by City officials during business hours. (5) Minimum window area for each room shall be 30 percentofthe floor area of the KTV room. The required window.^ for the individual KTV room(s) shall be installed on an interior wall Or walls facing the interior access floor area to said room. (6) All windows and doors for KTV rooms must be,, trailsparent, unobstructed, and unimpaired at all times; for example, no tinted glass, curtains plants, reflective film covering, nor have Signs, advertisement's affixed to the Windows. All areas of the KTV rooms must be directly Visible fro,-,, the doorway of the specific KTV room. (7) All KTV rooms shall' be illuminated to a minimum of 50 foot candies during use. No alcoholic beverages will be sold, stored or consumed on the premises. A Sign reading "No alcoholic Beverages Permitted" in lettering no less than four inches (411 ) in height and printed in English, Chinese and Spanish shall be posted in each KTV room and one such sign shall be posted at the registration area. An International sign of " No drinking" shall be incorporated with the above sinage. (10) No dancing or live entertainment shall be a' -lowed in the KTV rooms except the use specified herein. (11) The establishment shall maintain a manager or legal business owner on the premises during business hours. ,(I . 2) The ho%frs of operation shall be limited . to11:00 -am W to 2:00 a.m. .(13) Noise Shall not exceed those standards Set forth in Section 9.53 of the Monterey Park Municipal code. (14) NO Kitchen cooking facility shall be allowed on the premises. Pre-packaged food and soft drinks are allowed. (15) Exterior lighting of the parking area , shall be kept at an intensity of 5 fOotcandles so as to provide adequate lighting for patrons while not disturbing surrounding residential or Commercial areas. AGENDA ITEM NO, 4 CITYWIDE PLANNING COMMISSION SEPTEMBER 24, 1992 STAFF REVIEW PAGE 4 OF 4 REPQRT:(CONT'D) (16) A licensed security guard approve shall be at the business es abl shnent durincgbtheibus�nesshours. lce (17) A separate restroom, closet.or storage areas in,i,da the room shall not be permitted. KTV (�8) Display and retail sales of associated with the KTV use may perbe per mens ailci ac%essari�+s mitted. (19) No hosts or hostesses will be utilized than waiters or waitresses for at r:zzy time ether the sole Purpose of food and beverage serving, (20) The front and rear exterior doors must be se;,f_clas.a_ng. (21) The owner shall maintain video �survelllance cameras, with a recorder, to monitor hallways and common areas (including lobby area) during business hours. Tapes shall be maintained for a minimum of ten (10 ) days and shall be available for inspection by a law enforcement agency in the event of a law enforcement issue at the 1,,ation. TAFF RE OMMENDATI N Take appropriate action. A TION• l• Conduct public hearing. 2• Make a motion: "Based on the evidence of the Envi,roruriental Assessment Questionairre, the Planning Commission adopt;; the findings of saidlQuestionaire and determines that -the project will have no significant adverse effect on the environment and adopts and affirms the submitted Negative Declaration," 3• Adopt Resolution recommending approval Of Code Amendment to City Council, as appropriate. Attachments: 1• police Department memo, dated 6/08/92 2, Fire Department memo, dated 3/25/92 3• Code Enforcement Division memo, dated 3/25/92 4• Traffic Study by Consulting Traffic Engineer, dated 3/31/92 5. Negative Declaration 6• proPosed Planning Commission Ordinance (CA -92-002) C:E'ry OP MONTEREY PARK INTEROFFICE MEMO TO DATE: IV __W CHRIS JEFFERS, CITY MANAGER E D FROM: DANIEL G. CROSS, CHIEF OF POLICE SEP 021992 SUWECT: POLICE PROBLEMS RELATED TO KTV C11'Y tib MONTEREY PARK I EST4a` .ANfflW9V_4;ARTM ENT Per request of the Planning*Oepartment and Captain J. Burks, Sgt. Moy contacted surrounding -law enforcement agencies regarding -police problems related to KTV establishments. it should be prefaced that the following information is on KTV, which are businesses that have k�araoke entertainment in private in Ivi Ual rn CUI 5 Omer s,. as _Zmpa�ra �to � �0__ OMS for their en t- usinesses Which have karaoke ertainment in one room that is open to all customers. Although this memo is rf ocused on the MTV issue, it is side note., s' interesting that alga surrounding agencies have also had violent . incidents which have occurred at karaoke establishments, such as a homicide (which occurred.in Soilth El Monte), fights, Shootings and disturbances. MTV establishments are relatively new in the west San Gabriel Valley area, with most of these businesses operating within .- a year or less. Although KTV in the San Gabriel Valley is basically in -its infancy stage, the following interviews conducted have shown that these establishments are becoming a major concern for law enforcement. On 6-3-92t Lt. T. Murray of the Arcadia Police Department stated that they have a MTV establishment located at 612 and 614 East Live Oak which has been in busin * on 4 ess since June, 1991. , Lt. Murray stated that -9-92 they responded to this location twice regarding disturbances. Roth incidents- involved physical altercations and malicious mischiefs. The owner did not desire any crime report, as he told Lt. Murray that -he was in fear of retaliation. Disturbing parties (suspected gang members) were sent on their way. On 6-3-92, Lt. Goodman of the San Gabriel Police Department stated that they have had two reported incidents at one of their KTV establishments, located 'at 205 South San Gabriel Boulevard, which has been . in business since June, 1991. On 5-2-92, this location was cited for selling beer with no alcoholic beverage license. It should be noted that the employees were. serving the beer hidden in tea pots. On 5-13-92, at the same location, there was shooting . as a drive -!by where two to three bullets were shot into the business. This incident is Still under investigation. These are the only two reported incidents. Lt. Goodman said that the City of San Gabriel requires these establishments' (of which they have 3), 'to have conditional use permits. 'If the MTV busihiess violates the conditions Of the permit, the business will . be cited and the city will proceed to revoke the business license, i •-1• I_ r. 1 _ r t•i � � r -i r. - - 4 Ci Police Problems Rel4-ed to KTV June 8, 1992 cstablishzzentz Page 2 4n 6-3-92, Judy Matte, of the Control stated that their agency California not issue alcoholic tate Alcoholic Beverage licenses to KTV establishMents because of the businesses, whish could lead to beverage violations of the Business and Profess• private roams of KTV prostitution problems as well as beverages. .ons Codes related to alcoholic On 5-34®92, Deputy W. Howell of the Los. Department stated that he knows of .Angeles County Sheriff's With deadly weapons which have Occurred sora to es ahli h en assaults have gone unreported. Deputy Howell stated that he woul t wh�,ch than willing to speak .to the necessarycit d be more specific unreported incidents at KTV locatons. Y axfic.�,als . regarding is from informants and one actual KTV business owner, is an investigator who is assigned to the Sheri Howell's information tions Bureau with is responsibility ShDeputy Howell ff.'s "pecia1 Investiga- organized crime. Deputy Howelis a in the area of organized crime issues. recognized expert on Asian On 6-5-92, Sgt. Moy spoke to Sgt. Temple City Sheriffs. 9 Dominguez and Deputy S. They told him that in generalilikhom of establishments have resulted in police responding to a homicide .occurred in South E1 Monte, assaults .and disturbance calls locations. Deputy. Willkhom stated that in particular hich KTV businesses in he Rosemead area. lis at t o 9151 Valle they have two Y Boulevard Kiss KTV, which is located at staying Rosemead, was cited in February Y g open after hours. Charming KTV, which is locatd 1at2for 7940 East Garvey' Avenue, Rosemead, had alcoholic beverages in the to which is specifically not allowed as a condition of their conditional use - permit. Z+ cation bring, in the alcoholic beverages,owner later and hiding mitted a she allowedconal pots. the beverages patrons inside tea It should be noted that the homicide mentioned in this memo occ inside a karaoke establishment, not a KTV establishment, urged on 6-11-92, I had a copyersation with Chief David Lawton o Gabriel Police Department regarding KTV establishments. Chief expressed to m®rave f .the Sar. activities occurring atcKTV eestabl establrns and ishments. Suspicions of Lawton prostitution In speaking to various law enforcement officials, I r KTV businesses are allowed in the catty of Monterey Park, strict recommend that if guidelines as proposed by our Planning Department and code Enforce- ment section be utilized to ensure Codes and state laws, so as to proper en�Eorcement of Municipal other criminal violations, Z prevent moral violations as well as conditions On KTV conditional use permits recommend that one of the is o allow law officers the right to inspect all con ainerst Within he business to prevent the sales or service of alcoholic beverages. Hess to DGC:rg 2 - ii - - . _o 1 1 3 C. r i'! RESOLUTION No. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MONTEREY PARK, CALIFORNIA, AMENDING CHAPTERS 21.04, 21.20 AND 21-.70 OF THE MONTEREY PARK MUNICIPAL CODE RELATING TO KTV (KARAOXE TELEVISION) USES . P, . Ci :=: . 1 1 THE PLANNING COMMISSION OF THE CITY OF MONTEREY PARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 - The Planning Commission herer)y finds and determines that amendments. to Title 21 of the Monterey Park Municipal Code (MPMC) specifically considering to establish a definition for a KTV (Karaoke Television) uses, modify a section of Chapter 21.20 and,eva'luate said KTV uses as a Permitted use in the R -S, C-3 and S -C zone upon approval of a Conditional Use Permit have been Processed in accordance with State law and City ordinances and regulations, and that said amendments are in the Public interest and consistent with the General Plan. E TION 2- The Planning Commission finds based on the evidence of the Environmental Assessment Questionnaire, the Planning Commission adapts the findings of said Question". naire and determines that the project will have no significant adverse effect on the environment and adopts and affirms the submitted Negative Declaration. J_ SECTION 3. Section 21.04.408 of I the mpmC shall be added to read as follows: 21,04.408 -MTV [KARAOKE_TELEVISI[?N�; USES ''KTV (Karaoke Television) uses" means a type of Commercial use in which a song act is performed or participated in by One or more persons when accompanied by audio and, or visual devices, and such activity Is conducted in a place of entertainment where private room or % setting is available and open to -he members Of PubliC With charge. The following criteriashall be determinative of said KTV use: KTV rooms Shall not have inter -connecting doors,' only one door ,shall be used which is for entrance and exit purposes. . 2. KTV rooms shall not have looks on the doors. 3. KTV rooms shall not have any interior alterutions without City approval. 4. The facility shall be subject to inspection by City officials during business hours. Z-512, PLANNING COMMISSION RESOLUTION No. FACE 2 OF 4 5. --minimum -Window area for each room s loor area Of the KTV room. hall be 30 Percent :)f the fThe required windows fur the individual KTV rooln(S) Shall be installed on, Ar -1 -interior wall or wall$ facing -the interior access floor area to said room. 6. All windows and doors for KTV rooms must be tran�.p,Ar nt unobstructed, and unimpaired at all times; for e tinted glass, curtains plants, reflective • film Example, e erno have signs, advertisements affixed to the windows. All or areas Of the KTV rooms -must be directly visible from the doorway of the specific KTV.room, 7. All KTV rooms 'Shall be ill uminated candles during use. to 8 IninifliulTz of 50 foot 8- . No alcoholic beverages Will be sold, stored Or connumed on the premises. 9. A sign reading "No alcoholic Beverages Permitted" in tettering no less than four inches (411) in height and English, Chinese and Spanish shall be printed in Posted each KTV room Jn e and one such. sign shall be Posted at the - re '_ An international Si 94stration area. sign of No drInking" shall be incorporated with the above linage. 10. No dancing Or live entertainment shall be -rooms. ij.j.,LOwe,.j in the KTV except the use specified herein. 11. The establishment shall maintain a manager oz• legal business Owner during business hoursonthe premises. 12. The hours Of operation shall, be limited to 11:0 a. -m.. 0 am to 2:00 13. Noise shall not exceed those standards set forth in Section 9.53 of -the Monterey Park Municipal code. 14. No'Kitchen Cooking facility.shall be allowed on ttic. Pre-packaged food and soft drinks are allowed. premises. Exterior lighting of the parking area shall be intensity of 5 footcandles so as to provide adequkept at an ate lighti ng for Patrons while not disturbing surrounding residentia commercial areas. I or 16. A licensed shall be at Security guard approved by the the business Chief of Police establishment during business hours. F4 :i '.0' — Z — E+ Z I' - i --'I H 1 -D . L rc, i i r. * -4 'D r 1`1 t-1 '-�. F, PLANNING COMMISSION RESOLUTION NO. PACE 3 OF 4 17. A separate restroom, closet or storage areas inside the KTV room shall not be permitted. 18. Display and retail Sales of equipment* and accessories associated with the KTV use may be permitted. 19. No hosts or hostesses will be'tilize' u d at any time other than waiters or waitresses' for the sole 'purpose of food and beverage serving. 20. The front and rear exterior doors must be self-closing. 21. The owner shall maintain video surveillance 6ameras, with a recorder, to monitor hallways and common areas (including lobby area) during business hours. Tapes shall be maintained .for a minimum of tan (10) days and shall be available for inspection by a law enforcement agency in the event of a law enforcement issue at the location. SECTXON 4. Section 2,1.40.020 of the MPMC shall . be amended to read as follows: USES RECREATION KTV (Karaoke Television) PROPOSED NO. OF PARKING SPACES REQUIRED 18 per 1,000 sq. ft. of gross floor area SECTION S. Section 21.70.030 of the MPMC --hall be amended to.add the following use: Use &T—V-jKaraoke Television) uses Zones in Which Allowed . Subject to Conditional Use Permit E=S, SL -C SECTION_6. The Secretary shall certify to the adoption Of this Resolution and forward a copy hereof to the City Council. Adopted and approved this St . h day of October, 1992. 0--n--4eitni a n PLANNING COMMISSION RESOLUTION NO. PACE 4 OF 4 I hereby certify that the foregoing Resolution was duly adopted by the Planning Commission of the City of Monterey Park at a regular meeting held on the 8th day Of October, 1992, by the following vote of the Planning Commission: AYES: NOES: ABSTAIN: ABSENT: Adolfo C. Reta, Secretary (CA -92-02) MAYOR: JAPGA:=_7 CLARK MAYOR PRO TEM: :,CRERTVj 2­',UESC� �UUNCILMEN: E%NiS' * 1CCONLALD GAPY A TAP -SP f�it�-, �oseffiead 8838 E. VALLEY BOULEVARD - P.O. BOX 399 ROSEMEAD. CALIFORNIA 91770 TELEPHONE (818) 288-6671 TELECOPIER 8183079218 TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: PETER LYONS, DIRECTOR OF PLANNING & BRAD TARR, ASSISTANT PLANNING DIRECTOR DATE: AUGUST 17, 1992 RE: MUNICIPAL CODE AMENDMENT 92-1, KARAOKE/KTV REGULATIONS On November 26, 1991, the City Council imposed a moratorium restricting new Karaoke/KTV studios in the City. The purpose of the i moratorium . was 'to permit additional time n order to allow the City to. develop adequate' regulations concerning the development of this new -land use. Staff has been investigating establishments featuring karaoke entertainment, both in Rosemead and in neighboring cities. It was discovered that karaoke is conducted in two distinctly different ways. The first is the bar or restaurant which desires to offer karaoke as an .. accessory -entertainment use to enhance the enjoyment of patrons engaged in a primary common activity; i.e. drinking or dining. The majority -'of businesses with karaoke are of this kind. For the basis of clarification, this use will be called simply karaoke. The second type of karaoke business., is that which features it exclusively. A number.,.of.private booths are equipped with karaoke hardware, and the client(s) rent one, usually on an hourly basis, and take turns performing. This type of use is generally referred to as KTV. After discussing these two uses with the City Attorney's office, Administration and the Sheriff's Department, it was agreed upon to process the two karaoke uses separately. Thus, karaoke entertainment proposed in existing restaurants or bars where such *entertainment is a secondary use will be required to obtain an entertainment permit. The City Council's action on the T&J, application seems to support this reasoning. This existing review process, outlined in RMC Section 6203, will still enable planning staff to deny requests that don't provide sufficient parking, negatively. impact - surrounding property, or create any other unresolvable problems. MCA 92-1 8-17-92 page 2. On the other hand, KTV studios will be required to obtain a conditional use permit. This decision is based on the fact that the potential for mismanagement and illegal activities is much higher. KTV studios will be defined as a stand alone business that rents private booths each equipped with karaoke machinery. The following conditions will be applicable to KTV studios: 1. No alcoholic beverages to. be served or allowed on the premises at any time. 2. A sign reading "No Alcoholic Beverages Permitted" in lettering no. less than four inches (411) in height and printed in English, Chinese and Spanish, shall be conspicuously posted at no less .than two (2) locations inside the business. one such sign shall be posted at the registration/reservation area. 3. No less than two (2) international symbol "No Drinking" 'signs shall be conspicuously posted at different locations inside the business establishment. These signs shall be in addition to the signs required by condition 2. 4. The business shall be closed to all persons except employees of the business between the hours of 2:00 a.m. and 6:00 a.m. 5. All doors to karaoke rooms shall remain unlocked and be incapable of being locked. The doors will have a minimum twenty-four inch (2411) wide by thirty-six inch,(3611) high window in the upper half of the.door which shall remain unobstructed at all times. 6. The exterior door to each individual karaoke room shall contain a conspicuously posted sign indicating the rated occupancy of the room pursuant to the Fite Code. 7. In addition to -the window installed in the door, each individual karaoke room shall contain at least one (1) other window to allow full and.unobstructed viewing into the room at all times. 8. No minors (persons under eighteen (18) years of age) shall be allowed an the premises after 10:00 p.m., unless accompanied by.a parent or legal guardian. 9. The owner is responsible for maintaining a permanent register of all patrons by having each patron sign the register before allowing the use of a karaoke room. The owner or his/her employee shall verify the identity,of the patron by checking the patron's identification and legibly listing the full name of the patron in the tegister. ifiV7 MCA 92-1 8-17.-92 page 3. 10. The owner of the establishment shall be strictly accountable for comp * liance with each and every condition imposed, whether or not the owner is personally present at the location. 11. A conditional use permit shall be the minimum regulatory requirement. 12. All KTV studios shall adhere to the City's,Noise ordinance. 13. Non -conforming properties shall achieve conforming status before becoming eligible for a KTV studio. 14. Parking requirements for KTV studios shall be the same as bars, restaurants, and taverns (one. parking space for every one hundred (100) square feet of gross floor area). RECOMMENDATION: Staff recommends the approval of the Negative Declaration and approval of PC Resolution No. 92-41. MCA92-1 f ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROSEMEAD AMENDING THE MUNICIPAL CODE WITH REGARD TO THE ESTABLISHMENT, OPERATION AND LICENSING OF KARAOKE/KTV ENTERTAINMENT. THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOW4: Section I., Section 6204.1 Of Article VI,* Chapter 2, is hereby added to read: 6204.1 Ka aoke entertainment. The Provisions Of Section 6203 shall apply to establishments featuring or offerina karanko entertainment as an accessory use, as defined in section 9102.25.2 of theZoningOrdinance. Section 2. Section 9102-25.1 of Article IX, Chapter 1, is hereby added to read: Section 3. Section 9102.25.2 Of Article IX, Chapter 1, is hereby added to read: ca. Vauuucl�L UL UL110E Pazrons. Section 4. Section 9122.8 Of Article- IX, Part XXII, is hereby amended to read: Amusements., A. Stadiums, arenas and fairs. One (1) parking space shall be provided for each four (4) seats of eighteen (18) lineal inches each. B. Dance Halls. one (1) parking space shall be provided for each one hundred (100) square feet of floor space or fraction thereof. C. -Bowling Alleys. Four (4) parking spaces shall be provided for each alley. D. KTV Studios. (one (11parkins space for every one hundred 71661 squarefeetof gross floor area shall beP rovided. - Each such parking space shall contain at least two hundred (200) square feet with adequate space for ingress and egress, and shall be on the same lot or within five hundred '(500) feet of the building or amusement area. Section 5. Section 9181.1(37) of Article Ix, Part XXV, is hereby added to read: 37. KTV studios in the C-3 and CBD zones subject to the followinct standards: . A. No alcoholic beverages to be served or allowed on the premises at any time. A sign reading "No Alcoholic Beverages Permitted" in lettering, no less than four inches (411) in height and -printed in English, Chinese, Cantonese, or Mandarin), and Spanish, shall be conspicuously posted at no less than. two (2) locations inside the business. One such sign shall be posted at the registration/reservation area. In addition, no less than two (2) international symbol "No Drinking" signs shall be conspicuously posted at different locations inside the business establishment. B. The business shall be closed to all persons except employees of the business between the hours of 2:00 a.m. and 6:00 a.m. C. All doors to karaoke rooms shall. remain unlocked and be incapable of being locked. The doors will have a minimum twenty-four inch (2411.) wide by thirty-six inch (3611) high window in the upper half of the door. Each individual karaoke room shall contain at least one (1) other window as well. Full and unobstructed viewing into the room shall be maintained at all times. D. The exterior door to each individual karaoke room shall contain a conspicuously posted sign indicating the rated occupancy of the room pursuant to the Fire Code. E. No persons under eighteen (18) years of age shall be allowed on the premises after 10:00 p.m., unless accompanied by a parent or legal guardian. F. The owner is responsible for maintaining a permanent register of -all patrons by having each patron sign the register before allowing the use of a karaoke room. The owner or his/her employee shall verify the identity of the patron by checking the patron's identification and legibly listing the full name of the patron in the register. G. The owner of the establishment shall be strictly accountable for compliance with each condition imposed, whether or not the owner is personally present at the studio. H. The studio shall adhere to the City's Noise ordinance provisions as set 'forth in Section 4300 et. seq. of the Municipal Code. I. Non -conforming properties shall achieve conforming status before becoming eligible for KTV studio use. J. off-street parking shall be provided as set forth in Section 9122.8 of this code. Section 6. The City Clerk shall certify to the adoption of this ordinance and cause the same to be processed according to State law. PASSED, APPROVED and ADOPTED this — day of 1992. MAYOR ATTEST: CITY CLERK Presentation by George A. Wentz, Interim City Engineer, on the Draft Transportation Demand Management ordinance for the Congestion Management Program. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF -THE CITY OF DIAMOND BAR ADOPTING TRIP REDUCTION AND TRAVEL DEMAND MEASURES IN ACCORDANCE WITH STATE GOVERNMENT CODE SECTIONS 65089 AND 65089.3 WHEREAS, the Legislature of the State of . California has found that the lack of an integrated transportation system and the increase in the number of vehicles are causing traffic congestion that each day results in the hundreds of thousands of hours. lost in traffic, tons of pollutants released into the air and millions of dollars of added costs to the motoring publid; and WHEREAS, the Legislature of the State of California has adopted legislation requiring the preparation and implementation of a Congestion Management Program ("CMP") by county transportation commissions or other public agencies - of every county that includes an urbanized area; and WHEREAS, the Los. Angeles County Transportation Commission (11LACTC11) is responsible for the preparation of the CMP 'for Los Angeles County ("County"); and WHEREAS, the CMP must contain a trip reduction and travel demand management element that promotes alternative transportation methods, such as carpools, vanpools, transit, bicycles,* walking and park-and-ride lots, improvement in the balance between jobs and housing, and other strategies, including' flexible work hours, telecommuting and parking management programs; and WHEREAS, the County and every city within the County is required by state law to adopt and implement a Transportation Demand Management (TDM) ordinance as an important element of the Congestion Management Program to improve both congestion and air quality; and WHEREAS, LACTC must determine. annually whether the County and cities within the County are conforming to the CMP, including the requirement to adopt and implement a TDM ordinance; and WHEREAS, because the CMP is an evolving program which will be developed incrementally, as experience , is gained through its implementation, this TDM ordinance may be amended or superseded from time to time, as necessary to meet congestion and air quality goals; WHEREAS, the State Clean'� Air Act requires regions to attain a 1.5 vehicle occupancy during the commute period by the year 1999; WHEREAS, this ordinance, is intended to comply with the CMP's requirements for a TDM ordinance. The requirements of South Coast Air Quality Management District ("District") Regulation XV, are separate from this ordinance, and administrated . by the Air District. Nothing herein is intended, nor shall it be construed, to limit or otherwise preclude employers from offering or providing additional inducements to use alternatives to single -occupant vehicles to their employees necessary to -meet Regulation XV requirements; and WHEREAS, in order to use the existing and planned transportation infrastructure more efficiently, maintain or improve traffic levels of service, and lower motor vehicle emission . S, it is 2 the policy of the City of Diamond Bar to minimize the number of peak period vehicle trips generated by additional development,. to promote the use of alternative transportation, improve air quality and participate in regional and countywide efforts to improve transportation demand management; NOW THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: SECTION 1. DEFINITIONS The following words or phrases shall have the following meanings when used in this ordinance: A. "Alternative Transportation" means the use of modes of transportation other than the single passenger motor Vehicle, including but not limited to Carpools, Vanpools, Buspools, public transit, walking and bicycling. B. "Applicable -Development" means any development project that is determined to meet or exceed the project size threshold criteria contained in Section 3 of this ordinance. C. "Buspool" means a Vehicle carrying sixteen or more passengers commuting on a regular basis to and from work with a fixed route, according to a fixed scheduled. 3 D. "Carpool" means a Vehicle carrying two to- six persons commuting together to and from work on a regular basis. E. "The California Environmental Quality Act (CEQA)",* a statute that requires all jurisdictions in the State of California to evaluate the extent of environmental degradation posed by proposed development. F. "Developer" . shall mean the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this Ordinance as determined by the property owner. G. "Development" shall mean the builder who is responsible for the planning, design and construction of an applicable development project. A developer may be responsible for implementing the provisions of this Ordinance as determined by the property owner. H. "Employee Parking Area" means the portion of total required parking at a development used by onsite employees. Unless specified An the City/County Zoning/Building Code, employee parking shall be calculated as follows: N Percent of Total Required Parking Devoted to Wipe of Use Employees Commercial 30% Office/Professional 85%, Industrial Manufacturing 90%. I. "Preferential Parking" means parking spaces designated or assigned, through use of a sign or painted space markings for Carpool., and Vanpool Vehicles icles carrying . commute passengers on a regular basis that are 'provided in a locationmore convenient to a place of employment than parking spaces provided for single occupant vehicles. J. "Property Owner" means the legal owner of a Development who serves as the lessor to a tenant. The Property Owner shall be responsible for complying with the provisions of the ordinance. either directly or by delegating such responsibility as appropriate to a tenant and/or his agent. K. "South Coast Air Quality Management District". (SCAQMD) is the regional authority appointed by the California State Legislature to meet federal' standards and otherwise improve air quality in'the South Coast Air Basin (the non -desert portions of Los Angeles, Orange, Riverside, and San Bernardino Counties). 2 L. "Tenant" means the lessee of facility space at an applicable development project. M. "Transportation Demand Management.(TDM) meansthe alteration of travel behavior usually on the part of commuters through programs of incentives, services, and policies. TDM addresses alternatives to. single occupant vehicles such as carpooling and vanpooling, and changes in work schedules that move trips out of the peak period or eliminate them altogether (as in the case in telecommuting or compressed work weeks). N. "Trip Reduction" means reduction in the number of work-related trips made by single occupant vehicles. O. I'Vanpool" means a Vehicle carrying seven or more persons commuting together to and from work on a regular basis, usually in a vehicle with a seating arrangement designed to carry seven to fifteen adult passengers, and on a prepaid subscription basis-. P. "Vehicle" means any motorized form of transportation including but not limited to automobiles, vans, buses and motorcycles. SECTION 2. REVIEW OF TRANSIT IMPACTS Prior to approval of any development project for which an 6 N Environmental Impact Report (EIR) will be prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) or based on a local determination, regional and municipal fixed -route transit operators providing service to the project shall be identified and consulted with. Projects for which a Notice Of Preparation (NOP) for a draft EIR has been circulated pursuant to the provisions of CEQA prior to the effective date of this ordinance shall be exempted from its provisions. The "Transit Impact Review Worksheet", contained in the Los Angeles County Congestion Management Program Manual, or similar worksheets,. shall be used in assessing impacts. Pursuant to the provisions of CEQA, transit operators shall be sent a NOP for all contemplated EIR's and shall, as part of the NOP process, be given opportunity to comment on the impacts of the project, to. identify recommended transit service or capital improvements which may be required as a result of the project, and to recommend mitigation measures which minimize automobile trips on the CMP network. Impacts and recommended mitigation measures identified by the transit operator shall be evaluated in the Draft Environmental Impact Report (DEIR) prepared for the project. Related mitigation measures adopted shall be monitored through the mitigation monitoring requirements of CEQA. Phased development projects, development projects subject to a development agreement, or development project i s requiring subsequent approvals, need not repeat this process as long as no significant 7 changes are made to the project. It shall remain the discretion of the lead agency to determine when a project is substantially the same and therefore covered by a previously certified ETR. SECTION 3. TRANSPORTATION DEMAND AND TRIP REDUCTION MEASURES A. APPLICABILITY REQUIREMENTS Prior to approval of any development project, the applicant shall ,make provision for, as a minimum, all of the following applicable transportation demand.management and trip reduction measures. This ordinance shall not apply to projects for which a development application has been deemed "complete" by the City pursuant to Government Code Section 65943, or for which a Notice of Preparation for DEIR, has been circulated or for which an application for a building permit has been received, prior to the effective date of this ordinance. All facilities and improvements constructed or otherwise required shall be maintained in a state of good repair. B. DEVELOPMENT STANDARDS (1) Non -Residential development of 25,000 square feet or more shall provide the following to the satisfaction of the City: A. A bulletin board, display case,. or kiosk displaying transportation information located where the greatest number of employees are likely to see it. Information in 8 the area 'shall include, but is not limited to, the following: 1. 1 Current maps, routes and schedules for public transit routes-serving the site; 2. Telephone numbers for referrals on transportation information including numbers for the regional ridesharing agency and local transit operators; 3. Ridesharing promotional material supplied by commuter-oriented organizations; 4. Bicycle route and facility information, including regional/local bicycle maps and bicycle safety information; 5. A listing of facilities available for carpoolers, vanpoolers, bicyclists, transit riders and pedestrians, at the site. (2.) Non-Residential development of 50,000. square feet or more shall comply with Section 3.B(1) above and shall provide all of the following measures to the satisfaction of the City: A. Not less than 10% of employee parking area, shall be located as close as is practical to the employee entrance (s), and shall be reserved for use by potential carpool/vanpool vehicles., without displacing handicapped and customer parking needs. This preferential carpool/vanpool parking area shall be identified on the site plan upon application for building permit, to the satisfaction of 9 City. A statement that preferential carpool/vanpool spaces for employees are available and a description of the method for obtaining such spaces must be included on the required transportation information board. Spaces will be signed/striped as demand warrants; provided that at all times at least one space is provided for each 50,000 square feet.of the project will be signed/striped for carpool/vanpool vehicles. B. Preferential parking spaces reserved for vanpool . s must'be accessible to vanpool vehicles. When located within a parking structure, a minimum vertical interior clearance of 71211 shall be provided for those spaces and accessways to be used by such vehicles. Adequate turning radii and parking space dimensions shall also be included in vanpool parking areas. C. Bicycle racks or other secure bicycle parking shall be provided to accommodate 4 bicycles per the first 50,000 square feet and 1 additional bicycle per each additional 50,000 square feet. Calculations which result in a fraction of 0.5 or higher shall be rounded up to the nearest whole number. A bicycle parking facility may .also be a 'fully enclosed space or locker accessible only to the owner or operator of the bicycle, which protects the bike from inclement -weather. Specific facilities and location (e.g., provision of racks, lockers, or locked room) shall be to the satisfaction of the City. I (3) Non -Residential development of 100,000 square feet or more shall comply with Sections 3..B(1) and 3.B(2) above, and shall provide all of the following measures to the satisfaction of the City: A. A safe and convenient zone in which vanpool and carpool vehicles may deliver or board their passengers. B. Sidewalks or other designated pathways following direct and safe routes from the . external pedestriancirculation system to each building in the development. C. If determined necessary by the city to mitigate the project impact, bus stop improvements shall be provided. The City will consult with the local . bus service providers in determining appropriate improvements. When locating bus stops and/or planning building entrances, entrances must be designed to provide safe and efficient access to near -by transit stations/stops. D. Safe and convenient access from the external circulation system to bicycle parking facilities onsite. SECTION 4. MONITORING A. Annual Report and Plan Update. Ongoing monitoring of approved Transportation Demand and Trip Reduction Measures shall be conducted by the employer using standardized forms approved by the City in order to .monitor progress in achieving transportation mitigation goals. An annual report shall be submitted twelve (12) 11 - a months from the date of the initial plan approval date. The City shall notify the employer of the submittal deadlines for the review update. The annual report shall focus onridesharing and trip -reduction incentives offered by the employer. The review and nd update shall consist of a report that: 1. Identifies trip -reduction levels attained under the approved plan. 2. Verifies that plan incentives are being offered. 3. Determines the number and percentage of the project population that participated in rideshare activities, by mode, since the last reporting date. 4. Determines the use of on-site parking facilities (i.e., number of spaces for visitors, single occupant vehicles, preferential spaces, vanpools, etc., and the progress made since the last reporting date. 5. Determines the use of off-site parking to achieve rideshare and transit objectives since the last reporting date. 6. Determines the number' of employees on flextime schedules or on compressed schedules and the number of employees who telecommute. 7. Determines the number of bicyclists and the number of,bicycle racks and lockers installed since the last reporting date. 12 8. Determines the physical condition of project - related TDM capital improvements. 9. Identifies and evaluates objectives of the plan that did or did not work and provides an explanation of the plan that did or did not work and provides an explanation of why the revised plan is likely -to achieve target levels. 10. Provides the name of the designated person or coordinator at each site responsible for the preparation, implementation, and monitoring of the plan. 11. Includes an employee survey which is not more than six months old, or other mechanism approved by the City' Engineer. For, employers with 100 or more employees, the survey must conform with South Coast Air Quality Management District employees survey requirements. This survey must be taken over five consecutive workdays (Monday through Friday). This survey must have a minimum response rate of 75% of employees who report to work or leave work between 3:00 p.m. and 7:00 p.m. inclusive Monday through Friday. 12'. Provides a zip code listing. showing where all employees live who report to the worksite during the peak periods. 13 13. Lists public transit services serving the worksite, indicating the specific locations of nearby transit'.., stops. B. City Audit. The City shall perform follow-up audits on a selective basis. Employers shall receive at least ten (10) days notice of such an audit. An audit may include, but shall not be limited to, an on-site inspection and a demonstration that an employer is performing the ongoing monitoring required by this Section. C.. Compliance Inspection. Any employer subject to this Chapter is subject to an unannounced compliance inspection. This inspection will require access to records that demonstrate marketing, implementation, and monitoring of an employer's plan. SECTION 5. ENFORCEMENT A. Violation's of This Chapter. 1. No business license shall be renewed if an employer has not paid the fee required by this Chapter. 2. Failure to submit an initial plan when due, annual report and plan update when due, or mandatory plan revisions when due, or failure to implement provisions of an approved plan as set forth in the plan implementation schedule. Additionally, upon receipt of a second disapproval notice and until such time as a revised plan is approved by the 14 City, the developer or employer shall be deemed in violation of this Chapter. 3. Each day that a developer or employer violates the provisions of this Chapter or the terms and conditions of any approved worksite transportation plan shall constitute a separate violation. 4. No person shall interfere with or refuse to grant access to any records required by this * Chapter during any compliance inspection. B. Enforcement -Actions. In addition to any other remedy provided for by law, the City, or the South Coast Air Quality Management District when appropriate, may take the following actions for violation of this Chapter or of the terms and conditions of any approved plan: 1. Require the addition of elements to a work or development site plan submitted by an employer or' developer. 2. Transfer authority for plan implementation from an employer or.developer to the City. 3. Institute proceedings to revoke any approval of a plan. 4. Revoke the business license held by any violator, following the procedures set forth in the Municipal -N Code. 5. Impose an enforcement fee as provided for in the Municipal Code. 15 6. Request that the City Attorney take appropriate enforcement action. 7: Deny renewal of any license until all, fees are current. 8. Notwithstanding any other provisions of this Chapter regarding penalties or fees for enforcement actions or for violations, for violators with 100 or more employees, the City, in addition to any other remedies under this Chapter, shall refer the matter to the South Coast Air Quality Management District for appropriate action under Article 3, Chapter 4, Part 4 of Division 26 of the Health and Safety Code. C. Enforcement Fees. I. An enforcement fee shall be paid to the City by each person who has violated the provisions of this Chapter or the terms and conditions of any TDM plan. The purpose of this fee is to recover the costs of enforcement from any person who violates the provisions of this Chapter or any permit or approval. 2. Fees shall be assessed as follows: a. For the first violation during a calendar year, there shall be no fee. -The City Engineer shall, however, cause a warning notice to be mailed to the violator. 16 b. For the second violation during the calendar year, the fee shall be five Dollars ($5.00) per employee per calendar day. 3.� The City Engineer shall cause to be issued a notice imposing enforcement fees under this Section. The 1 notice shall provide that the fee shall be due and payable within fifteen (15) calendar days from the date of the notice. A penalty of ten percent (10%). shall be added to any fees that have not been paid when due. 4. Any person upon whom fees have been imposed pursuant to this Section may appeal the action in accordance with the following procedure: a. An appeal must be filed with the City Engineer within ten (10) calendar days of the date of receipt of the notice. b. At the time of filing an appeal, the appellant shall deposit with the City Treasurer money in the amount of all fees due. If, as a result of the hearing, it is determined that the City is not entitled to all or a portion of the money, the City shall refund to the appelant all deposits less any amounts due to the City. C. The City Manager shall hold a hearing on the appeal within forty-five (45) calendar days of the date filing of the appeal. The City shall 17 give the appellant at least five (5) calendar days notice of the time and place of the hearing. The City Manager shall render a decision within fifteen (15) calendar days after the date of the hearing. The purpose of appeal shall be limited to whether or not the violation occurred. d. The City Manager shall uphold an appeal of an enforcement fee under this Section in only one of the following circumstances: 1. An error has been made in calculating the enforcement fee.' 2. The person is found not to have been violating the -provisions of this Chapter or the terms and conditions of the TDM Plan. e. The decision of the City Manager shall. be final except for judicial review. There shall be no appeal to the City Council. f. Any notice issued pursuant to this Section shall set forth the appeal rights as provided for in this subsection. 9. Any notice of revocation issued pursuant to this Section shall be final upon the 18 expiration of the appeal period if no appeal is timely filed or upon the decision of the City Manager. SECTION 6. ADMINISTRATIVE APPEALS A. Disapproval of a TDM Plan by the City Engineer, including a revision of such a plan, may be appealed to the City Manager. B. An appeal of an action by the City Engineer shall be filed with the City's Engineering Department within ten (10) consecutive calendar days following the date of receipt of notice of the City Engineer's action. If no appeal is timely filed, the action by the City Engineer shall be final except for judicial review and there shall be no appeal to the City Council. SECTION 7. Any provision of the Diamond Bar Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION S. This ordinance shall take effect upon the expiration of 30 days from the date of its publication. 19 INTRODUCED AND FIRST READ at a duly called meeting of the City Council held on PASSED, APPROVED AND ADOPTED this day of by the following vote: AYES: NOES: ATTEST: City Attorney 20 Mayor ...�.o,�..a.i��i �'1i'ttfi�4'i�'� �t:� ....-...iY�3 ?�i':9i..� S^1 File reyiewep by and is ready for sea Al File 7iew y / b de recti®rr b end is ready for Y Chi Clea