HomeMy WebLinkAbout12/14/1992Next Resolution No. 92-30
F., 1" -
SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
AUDITORIUM,
21865 E. COPLEY DRIVE
DIAMOND BAR, CA 91765
December 14, 1992
ON SITE TOUR: Planning Commissioners, Staff, •arid Consultants
will meet at City Hall in Suite 190 at 2:00
p.m. and continue on to the South Pointe Master
Plan project site west of Brea Canyon Road,
North of Pathfinder and east of South Pointe
Middle School.
STUDY SESSION: 5:30 pm 6:50 pm
1. The purpose of this study session is to provide
the Planning Commissioners with an overview of
the CEQA process and an introduction to the
South Pointe Master Plan Environmental Impact
Report. Meeting will be held in Rooms CC -3 and
CC -5.
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 the
members of the Planning commission on any item that is within their
jurisdiction, allowing the public an opportunity to speak on non-
public hearing and non -agenda items. Please complete a Speaker's Card
Commission.
� * * * * * - * *
CONSENT CALENDAR: The following items listed on the consent calendar
are considered routine and are approved by a single,motion. Consent
calendar items may be removed from the agenda by request of the
Commission only:
2. Minutes of November 23, 1992
OLD BUSINESS: None
NEW BUSINESS:
3. Planned Sign Program No., 92-5. A request to develop a Planned
Sign Program to install a monument sign and directional sign.
for a professional office building located at 20955 Pathfinder
Road, _'Di bhdBak,_
Applicant: Avery Labels
20955 Pathfinder Road,
Diamond Bar, CA 91765
Environmental Determination: Categorically Exempt §15301, Class 1
(g)
PUBLIC HEARING ITEMS:
4. Tentative Parcel Map No. 23629 is a request to subdivide one
parcel into 10 lots for the purpose of commercial
condominiums. The proposed Tentative Parcel Map is developed
with 10, one story buildings, identified as the Walnut
Business center, located at 20418 Walnut Drive, between Lemon
Ave. & Tucker Lane. The uses within the Center are sales,
warehousing, light manufacturing, laboratories- and a faith
center.
Applicant: Corner Stone Partners Walnut, Ltd.,
42 Corporate Park, Ste 210, Irvine, CA 92714
Environmental Determination: Pursuant to the terms of California
Environmental Quality Act (CEQA), the City has determined that this
project requires*a Mitigated Negative Declaration.
5. Variance No. 92-3 and Planned Sign Program No. 92-4. is a
request to develop a Planned Sign Program and to install six
freestanding monument signs, each fifteen feet in height with
a sign -face area of 120 square feet located at the Diamond Bar
Village and Professional Center at the northwest corner of
Golden Springs Drive and Diamond Bar Blvd. As per the City's
Sign Code, 'within a commercial shopping center the maximum
height for A freestanding monument sign is six feet, and the
maximum sign face area is seventy-two square feet.
Applicant: Steve Porretta, President .
Southland Management,Inc.
601 S. Glenoaks, Blvd.' #301
Burbank, CA 91502
Environmental Determination: Pursuant to the terms of California
Environmental Quality Act (CEQA), the City has determined that this
project requires.*a Negative Declaration.
6. Vesting Tentative Tract No. 50519, Development Review No. 91-
2., Zone Change Amendment No. 91-3, and Development Agreement
No. 91-3 is a request for a 34 unit condominium subdivision on
a 2.33 acre site located northeast of the corner of *Golden
Springs Dr. and Torito Lane. Additionally, the applicant
requests architectural and site plan review for the townhouse
development, a Zone Change from C-1 (Restricted Business Zone)
to R-3 (Limited Multiple Residence Zone) and to enter into a
Development Agreement with the City.
Applicant: Diamond Development Company, 1700 Raintree Rd.,
Fullerton, CA 92635 ,
Environmental Determination: Pursuant to the terms of California,
Environmental Quality Act (CEQA), the City has determined that this
project requires a Mitigated Negative Declaration.
INFORMATIONAL ITEMS:
ANNOUNCEMENTS:
Staff = Administrative Meeting Review
Planning Commissioners
ADJOURNMENT: , December 28, 1992
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: James DeStefa'no, Community Development Director
SUBJECT: Agenda Item No. 1 - Special Study Session &
introduction to the South Pointe Master Plan EIR
MEETING DATE: December 14, 1992
DATE: December 10, 1992
Following the on site tour of the South Pointe Master Plan Project,
a special study session will be held in rooms CC -3 and CC -5 at the
South Coast Air Quality Management District Auditorium.
There will be a presentation by the consultants providing an
overview of the CEQA process and an introduction to the South
Pointe Master Plan.
attachments: Excerpt from Guide to California Planning:
I The California Environmental Quality Act
Outline from Ultrasystems
I
I
• Peter .Lewandowski, Director of Planning
Ultrasystems Engineers & Constructors, Inc. (Ultrasystems)
Subsidiary of LG&E Power Systems, Inc.
► Formed: 1969.
► Personnel: 122 (Irvine office).
► Experience: 2,500 EIR's and technical studies.
• In a competitive competition, Uitrasystems was selected by the City to prepare an EIR
for the South Pointe project. As such, the environmental consultant has been contracted
by the City, not the project applicants. 'This relationship:
► Ensures impartiality in work effort, and
► Full disclosure of information.
• Objectives for today's presentation:
► Brief overview of CEQA and the CEQA process.
► Present EIR and discuss conclusions presented therein.
► Answer specific questions from the Planning Commissions.
► Receive public comments for inclusion into the environmentai record.
O Recommendation relative to receipt of public comments:
► Planning Commission may elect to entertain public comments.
> To extent that those comments may require a technical response--Ultrasystems will
return to Commission/Council with formal written responses.
• Meeting will not become debate over merits/lack of merits of project—rather City
can use this opportunity to identify issues not addressed in EIR avA obtain evidence
supporting .conclusions which differ with EIR findings.
54694%0UTLM.PL Deaembet 14. 1992
Sauk Parcae Mamr Ptah
Pace 1
To facilitate subsequent discussions concerning the project's environmental
docu Emotion, it may be helpful to define specific words or phrases which are utilized
�► CEQA - California Environmental Quality Act of 1970, codified as Sections
21000-21177 of the California Public Resources Code.
CEQA Guidelines - Guidelines for the Implementation of the California
Ertvironn:ental Quality Act (State CEQA Guidelines), codified as Sections 15000-
15387 of the California Code of Regulations - adopted as City CEQA Guidelines.
Lead Agency - public agency which has the principal responsibility for carrying
out or approving a project. The bead Agency decides whether an EIR is required
and will cause the document to be prepared. The City of Diamond Ear is the Lead,
Agency for this project.
Responsible Agency - a public agency other than the bead Agency which has
discretionary approval power over the project. identified Responsible Agencies for
this project include, but may not be limited to, the Walnut Valley Unified School
District, the Walnut Valley Water District, the County of Los Angeles, the tT.S.
Army Corps of Engineers, the California Department of Fish and Game and the
California Regional Water Quality Control Eoard.
Discretionary action - any public approval which involves the exercise of
judgement or deliberation concerning the decision to approve or disapprove a
particular activity. Only discretionary, actions are subject to CEQA. Distinct from
a ministerial action (such as code compliance) in which direct application of a law
or standard eliminates the application of any personal judgement.
®
Impact/Effect - direct effect which is caused by the project and occurs at same
time and' place; ind,irert effect caused by project and latter in time or further
removed in distance but still reasonably foreseeable; cumulative effects refer to 2+
individual effects which when considered together will compound or increase other
environmental impacts. Effects must be rotated to a physical change in the
envimnment.
Significant effect - means a substantial or potentially substantial adverse change in
any of the physical conditions affected by the project. The determination of
whether a project may have a significant effect calls for careful judgement, based
3�dB4WUi'LQdB.�+L
Sam* Po&W m4mr Pham 14.1942
Pagt 2
upon scientific and factual data, Examples of significant effects are included in the
State CEQA Guidelines.
► EIR/Privironmental Impact Report - represents one of a number of documents
authorized by and required under CEQA describing and analyzing the significant
environmental effects of a project and discussing ways to mitigate or avoid the
identified effects. When, based upon a preliminary review of a project by a Lead
Agency, the public agency determines that a proposed action may produce
significant effects, the agency is obligated to prepare an EIR rather than utilize
other document types as authorized under CEQA.
Passage of CEQA established a Statewide policy for environmental protection. That
statuteo however, does not preclude local agencies from acting on projects which
produce environmental effects; rather, referencing one, of the policy declarations
therein, CEQA "requires all agencies to regulate activities to give major consideration
to preventing environmental damage while providing a decent home and satisfying
living environment for every Californian."
The EIR serves many purposes:
Disclosing information -- EIR is a disclosure document W a policy document;
information is advisory in nature, As a disclosure document, its '
purpose is to
facilitate informed decision-making and ensure that environmental impacts are
considered in the decision-making process. In acting upon a proposed project, the
local agency is often asked to balance competing objectives (e.g., jobs, housing,
environment). As such, it is not the purpose of the EIR to dictate a particular
course of action; rather through the preparation of an EM and the full disclosure
of information presented therein, the agency acts in full knowledge of a project's
environmental implications.
► Problem solving CEQA provides a mechanism for identifying and mitigating
environmental impacts,
► Communication and coordination - CEQA enhances communication and
coordination among government agencies.
► Public participation - CEQA increases the public's ability to, participate in the
governmental decision-making press.
546UkoUTtnM,pL
SMA Peden A(dwr pkm DGUMber 14, 1992
Post 3
YU
AvgEM PROCESS
A brief overview of the CEQA process (through reference to the individual documents
comprising the environmental review record) may prove :beneficial in understanding
why this ErR was
proposed South Pointe Master Plan: prepared and the roll it plays in the City's consideration of the
0 Initial Study - In response tO a formal application for a discretionary action, the
City Prepares a preliminary assessment of the project utilizing an environmental
checklist format. Based upon that cursory analysis, the City concluded that the
proposed action had a potential to produce significant adverse impacts and
determined that an EIR should be prepared to identify and evaluate project•indueed
and cumulative effects.
m Notice of Preparation (NOP) -- Based upon that determination the Ci
a NOP advising' � prepared governmental agencies of that decision and soliciting comments for
inclusion into the EIR.
Notice of Completion (NOC) - Upon completion of the ]HIR (defined as the Draf?
EIR), a NOC is published and the document broadly disseminated, allowing both
governmental agencies and the public an opportunity to comment upon the
adequacy of the Drat EIR. This meeting is conducted in response to the
Publication of 'the NOC and release of the Dry? EIR and represents one of a
number of opportunities for. the public to submit comments.
® Draft EIR - The document before you today represents the Dry} EIR for the
Project and .reflects initial staffs finding concerning the potential environmental
impacts of the proposed South Pointe Master Ptah, based upon the analysis
Presented by the City's environmental consultant and comments received in
response to the NOP* When an advisory body, such as' the Planning Commission,
is required to make a recommendation on a project to the decision -ming body,
the advisory body is required to review and consider the EIR in draft or final form,
® Public hearings - CEQA indicates that public hearings may . be conducted on the
environmental documents, either in separate proceedings or in conjunction- with
other proceedings of the public agency. Public hearings are encouraged, but not
Vii•
Response to Comments - CEQA mquires that the Lead Agency evaluate comments
on environmental issues received from persons who reviewed the,.Draft EIR and
shall prepare a written response. When the agency's position (as identified in the
DrO ER is at variance with recommendations and objections raiszd in the
SON& Ponos Mawr phn 14, Im
comments, the agency's position must be addressed in detail giving reasons why
specific comments and suggestions were not accepted. Typically, the Response to
Comment document, in conjunction with the Drgf} EIR, constitutes the Final EIR
for the project.
► Findings and Facts/Statement of Overriding Considerations - No public agency
shall approve or carry out a project for which an EIR has been completed which
identifies one or more significant environmental effects unless the agency makes
written findings concerning each of the identified effects. In addition, CEQA
requires the decision-making. -body to balance the benefits of a proposed project
against its unavoidable environmental risks in determining whether to approve the
project. If the benefits of the proposed project outweigh the unavoidable adverse
environmental effects, the adverse. effects may be considered "acceptable." Where
the decision of the public agency allows the occurrence of significant effects which
are identified in the Final EIR, but not at least substantially mitigated, the agency
shall state in writing the specific reasons to support its actions.
► Mitigation Reporting and Monitoring program - To ensure that any mitigation
measures adopted as conditions of project approval are, in fact, incorporated into
the project as rrevised, the Lead Agency is required to develop an implementation
program which specifically identifies how each mitigation measure will be enforced
and monitored. A draft Mitigation Reporting and Monitoring Program has been
included. in the Drgft EIR.
r Notice of Determination (NOD) -Should the public agency elect to approve or
carry out a project which is subject to CEQA, a NOD is filed with the County
Clerk after certification of the Final EIR. The filing and posting of a NOD stags
a 30 -day statute of limitations on court challenges to the approval under CEQA.
• Presentation of information contained in Dry} EIR.
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I. WrRODUCTION
• Peter Lewandowski, Director of Planning
Ultrasystems Engineers & Constructors, Inc. (ultrasystems)
Subsidiary of LG&E Power Systems, Inca
► Formed: 1969.
► Personnel: 122 (Irvine office).
► Experience: 2,500 EIR's and technical studies.
• In a competitive competition, Ultrasystems was selected by the City to prepare an EIR
for the South Pointe project. As such, the environmental consultant has been contracted
by the City, not the project applicants. This relationship:
► Ensures impartiality in work effort, and
► Full disclosure of information.
• Objectives for today's presentation:
► Brief overview. of CEQA and the CEQA process,
► Present EIR and discuss conclusions presented therein.
► Answer specific questions from the Planning Commissions.
► Receive public comments for inclusion into the environmental record.
• Recommendation relative to receipt of public comments:
► Planning Commission may elect to entertain public comments.
► To extent that those comments may require a technical response--Ultrasystems will
return to Commission/Council with format written responses,
► Meeting will not become debate over merits/lack of merits of project—rather City
can use this opportunity to identify issues not addressed in EIR,A obtain evidence
supporting conclusions which differ with EIR findings.
$46941OZTrME.PL December 14, 2992
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To facilitate subsequent discussions concerning the project's environmental
documentation, it may be helpful to define specific words or phrases which are utilized
in the ETR:
CEQA - California Environmental Quality Act of 1970, codified as Sections
21000-21177 of the California Public Resources Code.
CEQA Guidelines - Guidelines for the Implementation of the California
Environmental Quality Act (State CEQA Guidelines), codified as Sections 15000-
15387 of the California Code of Regulations - adopted as City CEQA Guidelines.
0, Lead Agency - public agency which has the principal responsibility for carrying
out or approving a project. The Lead Agency decides whether an EIR is required
and will cause the document to be prepared, The City of Diamond Aar is the Lead
Agency for this project.
11, Responsible Agency - a public agency other than the Lead Agency which has
discretionary approval power over the project. identified Responsible Agencies for
this project include, but may not be limited to, the Walnut Valley Unified School
District, the Walnut Valley Water District, the County of Los Angeles, the IT.S.
Army Corps of engineers, the California Department of Fish and Game and the
California Regional Water Quality Control Board. .
Discretionary action - any public approval which involves the exem se of
judgement or deliberation concerning the decision to approve or disapprove a
particular activity. Only discretionary actions are subject to CEQA. Distinct from
a ministerial action (such as code compliance) in which direct application of a law
or standard eliminates the application of any personal judgement.
10- Impact/Effect - direct effect which is caused by the project and occurs at same
time and place; indirect effect caused by project and later in time or further
removed in distance but still reasonably foreseeable; cumulative effects refer to 2+
individual effects which when 'considered together will compound or increase other
environmental impacts. Effects must be related to 'a physical change in the
environment.
Significant effect - means a substantial or potentially substantial adverse change in
any of the physical conditions affected by the project. The determination of
whether a project may have a significant effect calls for careful judgement, based
s46U%0VTLmx,pL
spm POM& Atow PIM 14. 1992
Page 2
upon scientific and factual data, Examples of significant effects are included in the
State CEQA Guidelines.
a EIR/Environmental Impact Report - represents one of a number of documents
authorized by and required under CEQA describing and analyzing the significant
environmental effects of a project and discussing ways to mitigate or avoid the
identified effects. When, based upon a preliminary review of a project by a Lead.
Agency, the public agency determines that a proposed action may produce
significant effects, the agency is obligated to prepare an EIR rather than utilize
other document types as authorized under CEQA.
iiII- PURPOSES OF CEQA,
• passage of CEQA established a Statewide policy for environmental protection, That
statute, however, does not preclude local agencies from acting on projects which
produce environmental effects; rather, referencing one of the policy declarations
therein, CEQA "requires all agencies to regulate activities to give major consideration
to preventing environmental damage while providing a decent home and satisfying
living environment for every. Californian, 1�
• The EIR serves many purposes:
► Disclosing information -- EIR, is a disclosure document
no a policy document;
information is advisory in nature. As a disclosure document its purpose
facilitate informed decision-making and ensure that environmental impacts are
considered in the decision -malting process. In acting upon a proposed project, the
local agency is often asked to balance competing objectives (e.g., jabs, housing,
environment). As such, it is not the purpose of the EIR to dictate a particular
course of action; rather through the preparation of an FIR and the full disclosure
of information presented therein, the agency acts in full knowledge of a project's
environmental implications.
` Problem solving - CEQA provides a mechanism for identifying and mitigating
environmental impacts.
► Communication and coordination - CEQA enhances communication and
coordination among government agencies.
► Public participation - CEQA increases thes ublic ability to
P ty participate in the
governmental decision-making Process.
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SODA P060.4f4mr PIM DftM9W 14, 1992
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IV®o Off.,
A brief overview of the CEQ.A process Gough reference to the individual documents
comprising the environmental review record) may prove beneficial in understanding
why this EIR-was prepared and the roll it plays in the City's consideration of the
proposed South Pointe Master Plan,
Initial Study - In response to a formal application for a discretionary action, the
City prepares a preliminary assessment of the project utilizing an environmental
checklist format. Based upon that cursory analysis, the City concluded that the
proposed action had a potential to produce significant adverse impacts and
determined that an EIR should be prepared to identify and evaluate project -induced
and cumulative effects.
Notice of Preparation (NOP) --- Based upon that determination, the City prepared
a NOP advising governmental agencies of that decision and soliciting comments for
inclusion into the EIR.
Notice of Completion (NOC) - Upon completion of the EIR (defined as the Draft
EIR), a NOC is published and the document broadly disseminated, allowing both
governmental agencies and the public an opportunity to comment upon the
adequacy of the Draft EIR. This meeting is conducted in response to the
publication of the NOC and release of the Drop? EIR and represents one of a
number of opportunities for the public to submit comments.
w Drgft EIR - The document before you today represents the Drat EIR for the
project and reflects initial staff s finding concerning the potential environmental
impacts of the proposed South Pointe Faster Plant, based upon the analysis
Presented by the City's environmental consultant and comments received in
response to the NOP. When an advisory body, such as the Planning Commission,
is required to males a recommendation on a project to the decision-making body,
the advisory body is required to review and consider the EIR in draft or final form.
Public hearings - CEQA indicates that public hearings may be conducted on the
environmental documents, either in separate proceedings or in conjunction- with
other proceedings of the public agency. Public hearings am. encouraged, but not
required•
response to Comments a CEQA requires that the Lead Agency evaluate comments
on environmental issues received from persons who reviewed the Draft EIR and
shall prepare a written response. When the agency's position (as identified. in the
Drtt EIR is at variance with recommendations and objections raised in the
5445MOUTLuMiM
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comments, the agency's position must be addressed in detail giving reasons why
specific comments and suggestions were not accepted, Typically, the Response to
Comment document, in conjunction with the Drgft EIR, constitutes the Final EIR
for the project.
Findings and Facts/Statement of Overriding Considerations - No public agency
shall approve or carry out a project for which an EIR has been completed which
identifies one or more significant environmental effects unless the agency makes
written findings concerning each of the identified effects. In addition, CEQA
requires the decision-making body to balance the benefits of a proposed project
against its unavoidable environmental risks in determining whether to approve the
project. If the benefits of the proposed project outweigh the unavoidable adverse
environmental effects, the adverse. effects may be considered "acceptable," Where
the decision of the public agency allows the occurrence of significant effects which
are identified in the Final EIR, but not at least substantially mitigated, the agency
shall state in writing the specific reasons to support. its actions,
Y Mitigation Reporting and Monitoring Program - To ensure that any mitigation
measures adopted as conditions of project approval are, in fact, incorporated into
the project as .revised, the Lead Agency is required to develop an implementation
program which specifically identifies how each mitigation measure will be enforced
and monitored. A draft Mitigation Reporting and Monitoring Program has been
included in the Drgf} EIR.
Notice of Determination (NOD) - Should the public agency elect to approve or
carry out a project which is subject to CEQA, a NOD is filed with the County
Clerk after certification of the Final EIR. The filing and posting of a NOD starts
a 30 -day statute of limitations on court challenges to the approval under CEQA,
V. OVERVIEW D• r.
Presentation of information contained in DrqR EIR.
VI. QUESTIONS/COMMEM
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CITY OF DIAMOND BAR ')RAScr
MINUTES OF THE PLANNING COMMISSION
NOVEMBER 231 1992
CALL TO ORDER: Vice Chairman MacBride called the meeting to order
at 7:10 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:
Commissioner Grothe.
ROLL CALL:
commissioners: Meyer, Grothe, and Vice Chairman
MacBride. Chairman Flamenbaum arrived at 7:20
p.m.. Commissioner Li was absent.
Also present were Community Development Director
James DeStefano, Associate Planner Robert Searcy,
Planning Technician Ann Lunqu, Interim. City
Engineer George Wentz, Deputy City Attorney Craig
Fox, and Contract Secretary.Liz Myers.
CONSENT CALENDAR:
motion was made by C/Meyer, seconded by C/Grothe
and CARRIED UNANIMOUSLY to approve the Minutes of
Minutes of
November 9, 1992, as presented.
Nov. 9, .1992
PUBLIC HEARINGS:
PT/Lungu presented the staff report regarding the
request, made by the applicant Fermin and Margaret
CUP 92-10
Bitolas, to permit an existing dry cleaning
business to install a dry cleaning plant on the
premises, located at the Plaza Diamond Bar center,
2020 S. Brea Canyon Rd. #A-4. A dry cleaning plant
is permitted in this zone by right, provided that a
conditional use permit is first obtained. However,
when the applicant submitted plans to the City for
reconstruction, following a fire that destroyed a
portion of that shopping. center, it was realized
that a CUP had not been obtained per Section
22.28.210 of the Los Angeles County Code. The City
allowed the applicant to continue doing business
during and after reconstruction, as long as an
application for a CUP was submitted for review and
approval of the Planning commission. PT/Lungu
reviewed the application analysis and the
environmental assessment, as presented in the staff
report. It is recommended that the Commission
approve the Mitigated Negative Declaration, and CUP
92-10 with the Findings of Fact and conditions
listed.
VC/MacBride declared the Public Hearing opened.
Fermin Bitolas, the applicant, stated that he has
been operating his dry cleaning establishment, at
the Plaza Diamond Bar, since.1972, from the hours
of 7:00 a -.m. to 7:00 p.m., Monday through Friday,
and 8:00 a.m. to 6:00 p.m., Saturday. He stated.
that he is in concurrence with the recommendations
prepared by staff.
W in WINN
"KAFTNovember 23® 1992 Page 2
VC/MacBride declared the Public Hearing closed.
Chair/Flamenbaum, upon his arrival at 7:20,
presided over the meeting.
Motion was made by C/Meyer and seconded by
VC/MacBride to approve the draft Resolution, with
the Findings of Fact and conditions listed,
including the two.additional conditions attached to
the staff report.
C/Grothe suggested that the condition, for the
hours of operation, be amended to be more
genetically worded, to read, "Hours of operation
are between 6:00 a.m. t * o 10:00 p.m., Monday through
Friday, and 7:00 a.m. to 6:00 p.*m., on Saturday.".
The Commission concurred.
C/Meyer concurred to amend his motion to include
the amendment made by C/Grothe to condition #2, of
the additional conditions attached to the staff
report.
The Commission voted upon the Motion as presented,.
and amended, by C/Meyer. The motion was
UNANIMOUSLY CARRIED.
CUP 92-9 AP/Searcy presented the staff report regarding the
request, made by the applicant PACTEL CELLULAR, to
locate an unmanned cellular telephone site of
telephone transmitting equipment, installed within
a vacant leased 665 square foot interior area,
located at 23555 Golden Springs Drive, including.
roof top antennas and dishes to be located on the
western portion of the building. The use is
conditionally permitted within Zone C-1, pursuant
to section 22.28.110 of Title 22 of the Planning
and Zoning Code. AP/Searcy reviewed the
application analysis and the environmental
assessment, as presented in the staff report. It
is recommended that the Commission approve the
draft Resolution, the Mitigated Negative
Declaration, and the Findings of Fact and
conditions.
Chair/ Flamenbaum, concerned with the choices of
paint on radiating elements, suggested that the
applicant'be required to have the paint closely
approximate the color of the building, as opposed
to requiring the paint types to match.
Chair/Flamenbaum declared the Public Hearing
opened.
November 23, 1992 Page 3
Larry Levin, 3 Park Plaza, Irvine, inquired why
conditions #1, #2, and #5, of the Engineering
Department Conditions, are required for a cellular
telephone company.
ICE/Wentz concurred that condition #5 should be
deleted. In regards to condition #1 and #2, he
explained that upon. review of a CUP, the on site
conditions, and the street conditions immediately,
adjacent to the particular site, are reviewed to
seek improvement, when deemed appropriate.
Recognizing that this application has limited
traffic impacts, comments were limited to an on
site problem relating to parking delineation, and.a
minimal contribution towards capital costs were
requested for slurry pealing type improvements. It
is not uncommon to request participation, from an
engineering perspective, on these types of
improvements.
Ann Rogers, the applicant's radio frequency design
engineer, responding to C/Grothels-inquiries, made
the following comments: the whip antennae is for
future digital use, and will not be mounted until a
later date; the microwave dish is used, instead of
lease lines from Pac Bell, to connect us to the
MTSO (switching center), which helps to connect the
mobile telephones to the regular Pac Bell or GTE
service; and the microwave are very. directional
antennas.
C/Grothe noted that the microwave and the whip
antennas are explicitly excluded from a couple of
the cellular poles in town. He inquired what the
effect will be to these antennas if there is a 3
story building blocking the entire property in from
the freeway.
Ann Rogers indicated that cellular would have
somewhat of a problem, and microwave would not work
because it is a point to point service. often
times the dish has to be relocated. In response to
C/Meyprls inquiry if cellular * will have any effect
on ham radios, she explained that cellular is
.governed and regulated by the FCC.
C/Meyer suggested that, because this is a local
control measure, a condition be added that requires
PACTEL to work with the neighbors to come up with a
solution in case they complain that it is effecting
their radio operations.
Larry Levin, in response to Chair/ Flamenbaum Is
inquiries, stated the following: since the
November 23, 1992 Page 4 r4
engineers have it designed for the indicated
height, aimed at another microwave dish,the
problem stemming from a 3 story building would have
to be addressed as -it 'arises; the whips are 1.5
feet; the paint will match in color of building,
and not the exact paint type; and the whips can
installed now, but it is anticipated that they.
won't be in use for another year.
Chair/Flamenbaum declared the Public Hearing
closed.
C/Meyer noted that condition #3 and #4, of the
Engineering Department Conditions, are covered
under the Planning Department's condition #2, and
should be deleted along with condition 15. He then
indicated that he does not see the correlation of
requiring the applicant to pay an additional $2,500
for slurry sealing public streets for a . project
that staff has indicated generates a minimal amount
of traffic. Condition #1, of the Engineering
Department Conditions, can remain because the
landlord will most likely maintain his own property
to keep his tenant.
Chair/ Flamenbaum suggested that the grant time be
extended from one year to two years.
Motion was made by C/Meyer, seconded by VC/MacBride
and CARRIED UNANIMOUSLY. to approve the draft
Resolution for CUP 92-9, the Mitigated Negative
Declaration, and the Findings of , Fact and
conditions, 'amending condition #3 to grant a two
year extension, and deleting condition #2, #3, #4,
and #5 of the Engineering Department Conditions.,
Chair/Flamenbaum recessed the meeting at 8:00 p.m.
The meeting was reconvened at 8:10 p.m.
CUP 92-13 AP/Searcy presented the staff report regarding the
request, made by the applicant Dong min Lee, for a
Karaoke Recording Studio in an existing commercial
center, located at 20627 Colima Road, Bldg. No. 3.
The application request, is not a use which
currently appears in the Los Angeles County Code,
as adopted by the City of Diamond Bar. Therefore,
staff has made a determination that the use is most
consistent with a recording studio as listed in
Title, 22 section 28.160. AP/Searcy reviewed the
application analysis and the conditions, as
presented in the staff report, and made the
following changes to the conditions., delete the
words "and doors" from condition J5, and replace
with "into the studio"; reword the last sentence of
November 23, 1992
Page 5
condition #6 to read, "An- international sign
reflecting the preceding shall additionally be
incorporated with the above sign."; delete "and at
all times" from the end of condition #7; reword
condition #15 to read,. "No employees shall be
utilized for any purpose other than as a cashier
and directing patrons to studios. Only an owner or
manager may be required to instruct patrons on the
use of equipment if conducted within a studio.";
condition #17 should read, "Each studio shall
provide a two foot by 4 foot fluorescent fixture
with three lamps or. equivalent illumination as
approved by the building official."; and, since the
Sheriff Department has indicated that they find it
necessary that they have the ability along with
City staff to inspect the premises at any time,
condition #3 is amended to read, "The facility
shall be subject to inspection by the City official
and designees during hours of business.". The
conditions listed are an attempt to reduce the
potential undesirable occurrences associated with
the use of private enclosed studio rooms, the
conduct of the patrons within the studios, and the
hours of operation as it relates to surrounding
land uses. It is recommended that the Commission
approve draft Resolution and the Findings of Fact
and Conditions, as amended.
VC/MacBride requested that "No Loitering", in
condition #16, properly include the necessary
quotation marks.
C/Grothe noted that the applicant is being greatly
restricted by condition #17, which limits him to
florescent lighting. Foot candles are the accepted
measure, and it may be more appropriate for this
application.
Chair/Flamenbaum noted that the 4 inch letter size,
as indicated in condition #6, seems rather large,
and the sign may be enormous.
Staff presented a video tape, provided by the
applicant, which showed an example of a Karaoke
studio in downtown Los Angeles, in Kortatown.
Chair/Flamenbaum declared the Public Hearing
opened.
Dong Lee, the applicant, explained that he is a Los
Angeles riot victim who is interested, now, in
starting a Karaoke establishment in Diamond Bar.
He expressed his concern that the Korean youth do
not have a place to go, between midnight and 4:00
November 23# 1992 Page 6
a.m., that will keep them out of trouble, off the
streets, and away from alcohol, drugs, and gangs.
The youth enjoy music, and listening to music
together. They need a place to go, such as the
studio, to stay out of trouble. There will not be
any alcohol nor food served at the studio. He
requested that the hours of operation be extended
to Monday through Thursday, 11:00 a.m. to 2:00
p.m., and Friday and Saturday, 11:00 a.m. to 4:00
a.m. because these are the hours that are crucial
for his business. He also noted that.his daughter,
who is opening a restaurant in the same shopping
area, plans to stay open to 2:00 a.m., and people
will want to be able to use his studio past the 12
midnight time conditioned.by staff.
C/Meyer inquired if Mr. Lee is planning on
developing a social program, at his studio,
designed to divert children from inappropriate
activity.
Dong Lee stated that he is not proposing any type
of a social program. He only meant to imply that
the studio would be of some benefit because the
children will have some where to go during the
night. The Karaoke machine is a computerized unit
that allows an individual an opportunity to sing
along with the music, while the lyrics are flashed
across the screen, to tempo, with a background of
your choice. In response to VC/MacBride's inquiry,
he stated that Karaoke is enjoyed by all ages.
Chair/ Flamenbaum inquired if the applicant has
read, and understands, the 21 conditions as
presented by staff, and as amended by staff. He
inquired if he is in concurrence with those
conditions.
Chair/Flamenbaum recessed the meeting at 9:00 p.m.
to allow the applicant further opportunity to
review the conditions presented, and amended, by
staff. The meeting was reconvened at 9:07 p.m.
Dong Lee stated that, after reviewing the
conditions, he concurs with all the items except
for the following: condition #4 - change the
minimum window standard from 30% of the floor area
to 21611 x 21; condition #6 - change the 411 letter
size requirement to a-211 requirement; condition #8
- change the hours of operation from 11:00 a.m. to
12 a.m., to 11:00 a.m. to 2:00 a.m. Sunday through
Thursday, and 11:00-a.m. to 4:00 a.m. Friday and
Saturday; and condition #17 - require only that
there be electric lighting.
November 23, 1992 Page 7
Cha * ir/Flamenbaum suggested that the applicant only
be required to post a sign that reads, "No Alcohol
Allowed", instead of the sign proposed by staff,
keeping the 411 letter size requirement. The
applicant concurred.
C/Meyer suggested that the applicant be asked to
prepare an appropriate sign that meets the approval
of the Community Development Director.
Chair/Flamenbaum inquired if the applicant concurs
with all the conditions, as presented and amended
by staff, except for condition #4, #6, #8, and #17.
Dong Lee 'stated that he is in concurrence with all
the conditions as presented, and amended, by staff,
except for condition J4, J6, J8, and #17.
Ms. Street, residing at 2237 Kella, Whittier, owner
of Filmex Photo & Gifts located within Colima
Plaza, stated that she is in favor of the Karaoke
studio remaining open as late as 2:00 a.m. or later
because it would provide added security by,adding
visibility during the night hours.
Greg Kirkly, general partner of the owner of the
property, residing at 10951 Oso Ave., Chadsworth,
stated that 5 karaoke studios, at once, applied for
the vacant building, but Mr. Lee was 'the only
applicant that concurred to prohibit food and all
beverages on the premises. He made the following
comments: a window requirement based on floor area
would require a 61 x 71 window, which is quite
expensive; a florescent lighting requirement would
not be effective for the television screen; .and a
2:00 a.m. time limit is reasonable, and a prevalent
standard. He requested that the Commission be
sensitive to the requests made by Mr. Lee,
realizing that the other conditions, in the lease
arrangement, are designed to amply regulate the
business.
c/Meyer inquired if there have ' been any complaints
received from the residential neighbors complaining
about any use in the center.
Greg Kirkly stated that the only complaint they
received was for the wall in the back, which was
required by the County. The only other concern was
in regards to the billiards project, discussed at
the Planning Commission public hearing last year.
None of those concerns mentioned at that hearing
materialized. He stated that he would not have a
problem with the Karaoke studio remaining opened
until 4:00 a.m.. on the weekends.
Dave Arlington,- residing at 20615 E. Halopine
Drive, owner of the Rocky Top Country Saloon in the
City of Industry, stated that he is familiar with
this type of operation because one is proposed next
door to his saloon, and'he has done research with
the one opened in Rosemead. He stated the
following concerns regarding this project: it
creates a neighborhood security problem having
people milling around till 4:00 A.m.; they should
be required to provide a security guard, as other
recreational activities are required to do so;
alcohol can be obtained from the two convenience
stores across the street, and drinking may occur in
the parking area; the center does not have adequate
lighting to warrant a public assembled area; there
are a lot of children,. from the grade school and
the Junior High School, in the area because of the
location of the bus stop; the studio has video
capabilities, whereby youngsters could rent
inappropriate videos and view them at this
establishment; the establishment in Rosemead has
been visited by policemen many times; the studio
rooms are an enclosed environment, having low
lights, and a couch, which encourages inappropriate
activities; if they are listening to music, they
will want to have something to eat or drink, and
thoy.will probably bring it in unnoticed; if the
establishment becomes popular, there will be an
overflow of parking; and such an establishment does
not belong in a small center, so close to a
residential area. - He is opposed to the proposed
project in his neighborhood.
C/Meyer asked what type of security Mr. Arlington
is required to provide at his place of business.
Dave Arlington stated that they are required, by a
CUP, to maintain security, both internal and
external, every night. Additional light power has
also been added to the parking lot. The unarmed
security guard, works as a deterrent against
trouble.
Mr. Adwin, the designer for the future studio,
stated that the Karaoke machines do not have the
capability to play a video tape, as indicated by
Mr. Arlington. This, particular machine uses
compact discs. In regards to the minimum window
area requirement, he stated that most music studios
use 21611 x 31 windows. If the window is too large,
-J
November 23, 1992
Page 9
U1.
the people in the studios will not have the privacy
that they prefer.
Chair/ Flamenbaum asked if it would be feasible to
require a glass door along with the 21611 x 31
window.
Chair/Flamenbaum declared the Public Hearing
closed..'
C/Meyer noted that since the door assembly would
have to be fire rated, putting glass in the door
may create a further problem and expense to the
applicant.
C/Grothe suggested that the minimum window
requirement be changed to require that each room
shall have 10% of the floor area, but not less than
21611 x 31.
CDD/DeStefano window
out that the whole concept of
the minimum window area condition comes from the
experiences of other local police departments, as
well as the review by our own sheriff department.
It is recommended that the minimum window area not
be anything less than 20%, to allow the public
safety officers to be able to see inside the unit
in an unobstructed manner.
C/Meyer suggested that condition #5 clearly state
that the window .is
is to be unobstructed, and that
there is to be no window coverings.
CDD/DeStefano stated that condition #5 will be
changed to indicate that, "All,
window into the
studio - must be non -tinted, transparent,
unobstructed, and unimpaired at all times, and
there shall be no window coverings."
C/Meyer made the following comments: condition #6
should simply. indicate that the sign be provided to
the satisfaction of the Director of Community
Development, not specifying minimum size of
letters; condition #4 should remain with a 20% of
the floor area; condition #8 should be changed to
require a licensed uniform security guard from
jo:oo p.m. to closing because most recreational
facilities have security; condition #17 should
indicate that all studios must be illuminated to
the satisfaction of the Building official; and
there should be a condition that indicates that the
rest room facilities, for each gender, be
immediately accessible within the studio.
November 23, 1992
The Commission discussed the possibility of
allowing the establishment to stay open to 4:00
a.m. with the proviso that a licensed uniform
security guard be present 10:00 p.m. to closing.
Chair/Flamenbaum suggested that the lights be
controlled from a central location, and have a
second control for the studio itself.
The Commission resumed discussion of the hours of
operation.
CDD/DeStefano confirmed that some Karaoke
facilities do stay open past '12:00 a.m. but they
are located in intense commercial areas, not in a
neighborhood setting such as Colima and Lemon.
Staff prefers to be conservative, since it is a new
use, and indicate an earlier closing period rather
than a later one that may have to be scaled back.
Perhaps a security guard approved by our local
Sheriff Department would suffice. as a deterrent to
problems that may arise at 2:00 a.m..
Chair/ Flamenbaum inquired if the applicant would be
amenable to changing the hours to close at 2:00
a.m. during the week, and 4:00 a.m. on weekends,
with the proviso that two uniform security guards
be present externally, and one.internally, between
the hours of 12:00 a.m. to closing.
Mr. Lee stated that it would be a great expense to
him to have those uniformed security guards,
especially since he has not opened his business
yet. He would prefer that the Commission allow him
to stay open until 2:0.0 a.m. during the entire
week, but -without a security guard.
C/Meyer pointed out that most 'recreational
facilities, that have crowd control, use uniformed
security personnel. It is a benefit to the
neighborhood, and to the people that would utilize
this. service. He recommended that one security
guard be required from 10:00 p.m to 2:00 a.m.
Greg Kirkly pointed out that the same concerns,
regarding large outdoor parties, were expressed
when the billiard room was proposed, yet none of
those concerns materialized.
C/Meyer stated that newspaper articles, such as the
ones attached to the staff report, indicate that
there is a problem, as does the police department.
The security guard protects both the public and the
neighborhood. As a*compromise, if the owner wants
November 23, 1992 Page 11
to stay open till 4:00 a.m., he must provide a
security guard.
Greg Kirkly requested that, if there is to be a
compromise, the Commission allow the applicant to
stay open until 12:00 a.m. without a security
guard, to make it economical up to that point in
time.
Chair/ Flamenbaum suggested that the applicant be
allowed to stay open from 11:00 a.m. to 12:00 a.m.,
Sunday through Thursday, without a security guard,
and 11:00 a.m. to 2:00 a.m., with one uniformed
security guard from 12:00 a.m. to 2:00 a.m.,
Motion was made by C/Grothe and seconded by
VC/MacBride to approve the project, with the
conditions as modified: condition #4 - 200 of the
floor area is to be window area, and excluding the
door; condition #5 - to add "and there shall be no
window coverings"; condition #6 - a sign that is
approved by the Planning Department; condition is -
hours of operation are 11:00 a.m. to 12:00 a.m.,
without a security guard, Sunday through Thursday,
and 11:0,0 a.m. to 2:00 a.m., Friday and Saturday,
with one uniformed licensed security guard from
12:00 a.m. to 2:00 a.m.; condition #17 - lighting
to meet the requirements of the Building Official;
and a'condition that two restroom facilities shall
be provided within the confines of this total use,
and such facilities shall be assessable from inside
the studio.
Mr. Lee inquired if the Commission would reconsider
the hours of operation to allow him to stay open
till 4:00 a.m., Friday and Saturday, with one
outside uniformed security guard.
C/Meyer offered a' substitute Motion, changing the
hours of operation, condition is, to be 11:00 a.m.
to, 2:00 a.m. Sunday through Thursday, with one
uniformed security guard in the parking area from
12:00 a.m to 2:00 a.m., and 11:00 a.m. to 4:00 a.m
Friday and Saturday, with one uniformed security
guard in the parking area 12:00 a.m. to 4:00 a.m.,
or 11:00 a.m to 12:00 a.m. Sunday through Saturday
without a security guard..
C/Meyerls substitute Motion died for lack of a
second.
The Commission voted upon the Motion presented by
C/Grothe. The Motion CARRIED UNANIMOUSLY.
November 23,, 1992 Page 12
INFORMATIONAL
ICE/Wentz reported that the State statute requires
ITEMS:
that the City of Diamond Bar adopt a Transportation
Demand Management Plan (TDM) to reduce trips and to
Draft,
taketraveldemand measures that will help reduce
Transportation
those trips. The Los Angeles County Transportation
Demand Management Commission (LACTC) has prepared a model ordinance
Ordinance
based on the input from a number of local
jurisdiction. Staff has prepared a draft
ordinance, which substantially complies with the
model ordinance, to recommend to the City Council.
The deadline for adoption of a local TDM is April
3, 1993, however, there are some benefits in having
an ordinance introduced before the end of this
calendar year. It is recommended that the Planning
Commission review and comment on the attached draft
TDM Ordinance.
VC/MacBride made the following comments: he
questioned the use of the term "builder", as used
in item F & G, page 4, and suggested that the term
"project" would be more beneficial; there is a lot
of State regulations put on the City and the
employer, as indicated on page 14, City Audit, and
Compliance Inspection; this document is not
intended to make it easier for employers to do
business in California, but just the opposite under
the guise of assisting the transportation program;
and the document is weighted in bureaucratic
regulations, rather than recognition that
California needs streamlining of it's procedures to
get things accomplished.
ICE/Wentz stated that some of .the language, in
terms of some of the requirements placed upon a
particular project or developer, could be amended
within reason. Part of the intent of the audit was
the City.'s mechanism to assure - that they are
fulfilling the intent of the plan proposed to be
implement for the City.
Chair/ Flamenbaum, noting that the term "employer"
has not been defined, questioned who would be
responsible for reporting if a retail space is to
consist of office suites.
ICE/Wentz explained that the developer would need
to present the proposed plan to the City that would
be acceptable. If it is to be office suites, he
would need to submit a plan that would be in
general compliance with the intent of this
ordinance. The owner would be the responsible
party for sharing that information that is
transmitted, or if it would be those individual
businesses.
November 23, 1992 Page 13
Chair/Flamenbaum expressed the following concerns:
the document specifies that -"No business licenses
shall be renewed", yet there �are no business
licenses in Diamond Bar; an "employer" is not
defined; and there is no provision to cover a
series of little shops. He suggested that
condition be put in as a lease requirement, that
their CC&Rls shall include a provision for
Congestion Management, of employers of a yet to be
specified number of employees. The document should
be written to apply to the City.
C/Meyer suggested that some sort of an incentive
program would be more effective than penalizing an
operation that does not have a CMP. Businesses are
probably leaving California because of all the
reporting that is mandated. Perhaps the document
should remain "loose" to allow
ow an avenue for
escape. The concept is good, but some of it is too
restrictive, and most items could be accomplished
through the development review process.
ICE/Wentz explained that anything in the document
can be amended, as long as it. is ultimately
accepted by the State by April of 1993. Some of
the guidelines were already adopted by LACTC.,
agreed to by the AQMD, and defined and identified
in the EIR.
Chair/Flamenbaum suggested that the wording be
changed to state, "Non residential development of
single employer usage of 25,000 square feet, and
50,000 square feet, and so forth.", so that multi
suite commercial development would be exempt.'
C/Grothe suggested that there also be a minimum
quantity of employees as well.
C/Meyer inquired if both definitions, building area
of single employer, plus a number of employees,
could be added.
ICE/Wentz stated that the employee concept could be
added in. If the intent of the Commission is to
"loosen" particularly - the monitoring and the
enforcement elements of this document, then staff
will further review those sections and see what can
be done to amend them to fit the spirit of the
Commission's intent.
C/Meyer suggested that the document be more
realistically written. our basic land use policy
is contrary to a TDM program.
November 23, 1992 Page 14
ICE/Wentz suggested that a sentence, "The City will
identify the reporting' requirements for each
project as it is approved to assure that it meets
the intent of the City's requirements as their
projects developed."-, be added to the monitoring
section.
VC/MacBride stated that he is discouraged by all of
the requirements. This memorandum is trying to
mandate, when we should be trying to encourage.
The document should be made more flexible.
Chair/Flamenbaum stated that he would like the
term, "or the South Coast Air Quality Management
District, when appropriate, may take the following
action", deleted under Enforcement Actions, because
it is not appropriate in a City Ordinance.
C/Meyer questioned the City's authority since
business licenses are a revenue producer and not a
regulatory permit.
VC/MacBride suggested that a statement be included,
to page 3 of the document, that indicates that the
City of Diamond Bar is concerned that all of the
visible means of achieving the desirable ends seem
to be of a monitoring, auditing, and punitive
measure. The City is going to attempt to explore
every possibility of encouraging compliance, and
stimulating a recognition of the problem, within
the means available to us.
,Chair/Flamenbaum, referring to page 17, item 4.b.,
suggested that the statement, "plus . accrued
interest", be added to the second sentence
following "...refund to the appellant all
deposits,...". Furthermore, if the City loses,
then it.should also pay those costs.
ICE/Wentz noted that the Enf arcement Fees section
is language that was - garnered from several (other
programs, and can probably be amended.
Chair/ Flamenbaum also* suggested that, _since the
City Manager has a vested interest in this, the
City Manager should not be the person conducting
the hearing, but rather a neutral arbitrator.
ANNOUNCEMENTS: CDD/DeStefano reported on the following: no
Director's actions to report as no Administrative
Development Review held tonight; staff received
copies of the EIR for the hospital project, and the
Commission will receive copies.soon;'the draft EIR
for the South Pointe project should be available
November 23, 1992 Page IS
around November 30, 1992; and there is a copy of
The City Business Retention Plan included in the
Commission's packet.
ADJOURNMENT:. Motion was made by C/Meyer, seconded by
Chair/.Flamenbaum and CARRIED UNANIMOUSLY to adjourn
at 11:20 p.m.
Respectively,
James DeStefano
Secretary
Attest:
Bruce Flamenbaum
Chairman
I
AGENDA ITEM NUMBER:
REPORT DATE:
MEETING DATE:
CASE/FILE NUMBER:
APPLICATION REQUEST:
PROPERTY LOCATION:
APPLICANT:
PROPERTY OWNER:
BACKGROUND/ANALYSIS:
City of Diamond Bar
PLANNING COMMISSION
Staff Report
3
December 7, 1992
December 14, 1992
Planned Sign Program No.
92-5
A request to install a
freestanding monument
sign six(6) feet in
height with 'a sign face
area of 24.38 square feet
and a directional sign
five (5) feet in height
with a sign face area of
six (6) square feet.
20955 Pathfinder Road
Avery Dennison
20955 Pathfinder Road
Diamond Bar, CA 91765
Wayne Vandergriff
IDA Building Co., Ltd.
P.O.Box 10298
Truckee, CA 96126
The applicant, Avery Dennison is requesting approval to install a
freestanding monument.sign and a directional sign for an -existing
office building that they exclusively occupy, located at 20955
Pathfinder Road.
The project site is approximately 4.12.acres. It is located within
a Commercial Planned Development (CPD) zone and has a land use
designation of Professional Office (OP) According to the General
I
Plan. Generally, the following uses surround the subject site: to
the north, south, and west is Residential Planned Development -
minimum lot size 10,000 square feet -6U per acre (RPD -10,000-6U)
zone; and to the east is Neighborhood Business (C-2) zone.
The purpose and intent of the Sign ordinance is to encourage the
use of modest signs which are harmonious with existing signs, to
assure the appropriate level of review, and as much as is feasible,
to bring existing signs into compliance with the provisions of the
Sign ordinance while giving due regard for the needs of the
business community. The Ordinance also requires that monument
signs have Planning Commission review and approval (ordinance No.
5, 1991, Section 110).
The applicant is requesting to install a freestanding non -
illuminated monument sign six (6) feet in height with a sign face
area of 24.38 square feet. The monument sign will be constructed
of aluminum and the base will be texture coated and colored to
match the building. The sign cabinet and background will be
painted black semi gloss. The copy will consist of the applicant's
name and corporate logo. The lettering will be reflective white
vinyl. The logo will be reflective red vinyl. on the base of the
monument sign will be four (4) inch address numerals in the color
black. The monument sign is to be located near the entrance of the
building which is approximately 126 feet from the front property
line.
The applicant is also requesting to install a freestanding non -
illuminated directional sign five (5) feet in height with a sign
face area of Six (6) square feet. This sign will be constructed
from the same material as the monument sign. It will also utilize
the identical copy with*the addition of the word "entrance". The
directional sign will employ the same colors as the monument sign.
It will be located on the west side of the Pathfinder Road driveway
approximately 28 feet. from the east property line and one (1) foot
from the property line along Pathfinder Road.
The following is a comparison of the applicant's request and the
City's Sign Ordinance.
TENANT SIGNAGE:
1. MONUMENT SIGN
Non -illuminated -6 ft. in height
with a sign face area of 24.38
square feet. Constructed of
aluminum. Base colored texture
coated in a tan to match color
of existing building. sign
�M
1. MONUMENT SIGN
Single use - max. height of 6
ft. with a max. sign face area
of 24 sq. ft. one per
frontage. Permitted Commercial
and Industrial zones. All
freestanding monument signs
cabinet and background shall be
black semi -gloss color. Copy
shall consist of applicant's
name and corporate logo.
Lettering shall be reflective
white vinyl. Logo shall be
reflective red vinyl. The base
of the sign shall contain four
(4) in address numerals in the
color black.
2. DIRECTIONAL SIGN
Non -illuminated, freestanding,
5 ft. in height with a sign
face area of 6 sq. ft.
Constructed. from aluminum, same
colors and same copy as the
monument sign except for the
addition of the word
"Entrance".
shall contain an address plate.
Max. size shall be 4 sq. ft.
Address plate shall not be
calculated against the
permitted sign face area.
2. DIRECTIONAL SIGN
Entrance/Exit signs; A sign
which has copy limited to the
words "Entrance" or "Exit" and
is located at commercial
driveways or mounted at
building entrances or exits.
Exempt Signs: Entrance/ Exit
signs (wall or Window): Max.
area of 1 sq. ft.
configuration: wall or window.
Max. number: 1 per entrance; 1
pet exit.
Special conditions: Must be
consistent in color, background
and lettering with other signs
on the property.
The applicant has received approval to install a wall sign of 62
square feet which has the same copy as the proposed monument sign.
The logo is red and the channel letters are black. The wall sign
is located on the side of the building facing Pathfinder Road
approximately 35 feet above grade.
Staff feels that the monument
this site and complies with
directional sign may need to
Sign ordinance.
The Sign Ordinance uses
Entrance/Exit Sign:
sign as proposed is appropriate for
the Sign Ordinance. But, that the
be modified to meet the intent of the
the following definition for an
"A sign which has copy limited to the words "Entrance" or
"Exit" and is located at commercial driveways or mounted at
building entrances or exits".
Staff would like to see all copy eliminated except the word
"Entrance" so the sign complies with the Sign Ordinance.
3
The Sign Ordinance does not specify a maximum height or maximum
sign face area for the type of directional sign proposed by the
applicant. The plans for this sign were reviewed by the Interim
City Engineer. It was recommended that the directional sign could
remain five (5) feet in height but would need to be located
approximately 36 feet west of the side property line on the eastern
portion of the subject site.. Also, it was advised that the
directional sign be subject to removal if it become a safety
hazard.
ENVIRONMENTAL ASSESSMENT:
The environmental evaluation shows that the proposed Planned Sign
Program will not have a significant effect on the environment and
is categorically exempt pursuant to Section 15301'.Class 1. (g) of
the California Environmental,Quality Act (CEQA).
NOTICE OF PUBLIC BEARING:
A Planned Sign Program review by the'Planning Commission does not
require a public hearing.
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve Planned Sign
Program No. 92-5, Findings of Fact, and conditions as listed within
the attached resolution.
Prepared by.:
n J. Lungu
Attachments:
Draft Resolution of Approval
Exhibit "All Elevations and Site Plan dated December 14, 1992
Application
4
RESOLUTION NO. 92 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF . DIAMOND BAR APPROVING PLANNED
SIGN PROGRAM NO. 92-5 AND CATEGORICAL
EXEMPTION (SECTION 15301. Class 1) AN
APPLICATION FOR A MONUMENT SIGN AND
DIRECTIONAL SIGN LOCATED AT 20955 PATHFINDER
ROAD BETWEEN BREA CANYON ROAD AND SHADED WOOD
ROAD.
A. Recitals -
1. Avery Dennison has filed an application for Planned Sign
Program No. 92-5 for a professional office building lo-
cated at 20955 Pathfinder Road, 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 terms and provisions of Ordinance No..4
(1992) of the City of Diamond Bar.
4. The Planning commission of the City of Diamond- Bar, on
December 14, 1992 conducted a meeting on said Appli-
cation.
5. All legal prerequisites to the adoption of this Resolu-
tion have occurred.
B. Resolution
r
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1
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 finds and determines that
the project identified above in, this Resolution is
categorically 'exempt from the requirements of the
California" Env I ironment a - 1 - Quality Act of 1970, 'as
amended, and guidelines promulgated thereunder, pursuant
to Section 15301. Class 1. of Division 6 of Title 14 of
the California Code of Regulations.
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
4.12 acres developed with an existing professional
building and is within the Commercial Planned
Development (CPD) zone with General Plan
designation of Professional Office (OP), on the
north side of Pathfinder Road between Brea Canyon
Road and Shaded Wood Road, City of Diamond Bar,
California.
(b) Generally, property to the north, south, and west
Residential Planned Development -minimum lot size
10,000 square feet -6U per acre (RPD -10,000-6U)
zone; and to the east is Neighborhood Business (C-
2) zone.
K
(c) The subject site -for the project is adequately
served by Pathfinder Road and Brea Canyon Road.
(d) The nature, condition, and size of the site has
been considered. The site is adequate in size to
accommodate the use.
(e) This project is in consistent with the General
Plan.
(f) 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 adopted
General Plan.
(g) This project is in compliance with the Sign
Ordinance.
(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 the health 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 December 14, 1992,
hearing as set forth above, the Commission, hereby finds
and concludes.as follows:
(a) The project shall substantially conform to all
plans dated December 14, 1992 as submitted to and
approved by. the Planning Commission labeled
Exhibit "A".
(b) The directional sign shall be located 36 feet west
of the side property line at the eastern portion
of the site.
(c) Copy for the directional sign shall be limited to
the word "Entrance".
(d)' The directional sign shall be subject to removal
,if it becomes a safety hazard for vehicle entering
or exiting the Pathfinder Road driveway*.
fl
(d) This grant shall not be effective for any purpose
until the permittee and owner of the property
involved (if other than the permittee) have filed,
at the City of Diamond Bar Community Development
Department, their affidavit stating that they are
aware of and agree to accept all the conditions of
this grant. Further, this, grant shall not be
effective until the permittee pays ' remaining
Planning Division processing fees.
(e) 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.
(e) This Commission hereby provides notice to Avery
Dennison that the time within which judicial
review of the decision represented by this
Resolution must be sought is governed by the
provisions of the California Code of Civil
Procedures Section 1994.6
The Planning Commission shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this -Resolution,
by certified mail, to Avery Dennison located at 20955
Pathfinder Road, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS THE 14TH DAY OF DECEMBER,
1992, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Bruce Flamenbaum, Chairman
I, James Destefano, Secretary of the Planning Commission of the
City of Diamond Bar, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular
meeting of the Planning Commission held on the 14th day of
December, 1992, by the following vote:
AYES: (COMMISSIONERS:]
NOES: (COMMISSIONERS:]
ABSENT: (COMMISSIONERS:]
ABSTAIN: (COMMISSIONERS:]
ATTEST:
James DeStefano, Secretary
4
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Agenda Item 3. — PSP No. 92.5 20955 Pahtfinder Rd.
Plans found in project file.
INTEROFFICE MEMORANDUM
TO: Chairman, and -Planning commissioners
FROM: Ann J. Lungu, Planning Technician
SUBJECT: Agenda Item 4
DATE: December 9, 1992
Age . nda Item 4 is Tentative Parcel Map No. 23629 located at 20418
Walnut Drive within an existing business park identified as. the
Walnut Business Center.
The tentative parcel map is a request to subdivide one parcel into
ten parcels with four of the ten parcels into units A and B and
with a common area identified as Lot A. A reduced site plan is
attached to this memorandum showing the configuration of the pro-
posed subdivision.
Staff is recommending that this project be continued until January
11, 1993 due to the fact that the Engineering Department would
like more time.to review the proposed map.
14
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INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: Ann J. Lungu, Planning Technician
SUBJECT: Agenda Item 5
DATE: December 9, 1992
Agenda Item 5 is Planned Sign Program No. 92-2 and Variance No.
.92-4 for an existing retail shopping and professional center. The
project site is located at 325-379 S. Diamond Bar Blvd. and 23341-
23499 E. Golden Springs Drive within an existing retail shopping
and professional center identified as Diamond Bar Village.
The applicant, along with a Planned Sign Program, is requesting a
Variance to install six freestanding monument signs each 15 feet
in height with a sign face area of 90 square feet to replace ex-
isting freestanding monument signs.
Attached to this memorandum is a reduced set of plans which will
provide you with a concept of the project.
staff is recommending that this project be continued until January
11, 1993., due to the fact that the Engineering Department has not
completed their review for the Variance.
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Agenda Item 5. — VAR No. 92-3/PSP No. 92-4, Dia Bar Village
Plans found in project file.
AGENDA ITEM NUMBER:
REPORT DATE:
City of Diamond Bar
PLANNING COMMISSION.
Staff Report
�J
December 1'r 1992
MEETING DATE: December 14, 1992
CASE/FILE NUMBER: Vesting Tentative Tract Map No. 50519/
Development Agreement No. 91-3/
Development Review No. 91-2/ Zone Change
91-1
APPLICATION REQUEST: To subdivide a 2.3 acre site into 34
individual ownership lots/units and three
(3) common lots, to change the zone
classification from C-1 ' (Restricted
Business) to Zone R-3 (Limited Multiple.
Residence) and to enter into a
Development Agreement with the City.
PROPERTY LOCATION:
APPLICANT:
PROPERTY OWNER:
BACKGROUND:
23575 Golden Springs
Diamond Development Company
1700 Rainiree Road
Fullerton, CA. 92635
Same
The applicant presented a proposed 80 unit senior citizen
condominium. project in a series of public. hearings' concluding
before the Planning commission on June 22, 1992. In the
intervening period, the General Plan was approved by the City
Council. 'The General Plan land use category placed on this site is
Low -Medium Residential (RLM).
Because of issues raised at that hearing, the applicant revised the
project in order to bring it into conformance with the General
Plan. As a result, the project was revised to 36 units '(16 units
per acre) and *.the design was altered. Subsequent to the
Commission's review of the revised project and issues related to
the architecture, internal circulation, and parking, the project
1
has once again been revised to the current 34 unit market rate
project.
As submitted, the applicant is requesting applications for a zone
change, a development agreement, development review, and approval
of a vesting tentative tract map. The application requests are
consistent with the General Plan. The City. Attorney has reviewed
the application and deemed -the project. to be eligible for
consideration by the Planning Commission and the City Council.
This project is exempt from the prohibitions of ordinance No. 4
(1992) since the project is not located within a hillside area or
an ecologically sensitive area.
APPLICATION ANALYSIS:
site
The site is 'currently graded and devoid of any vegetation or
structures. Most recently, the site was the location of a vacated
10,000 sq. ft. building. The building which housed the Diamond Bar
Postal Office, was demolished by the applicant within the last year
to remove the potential health and safety hazards the vacant
structures presented.
The site runs generally to the east from Golden Springs Drive to
ToritoLane. The extreme southern portion of the corner lot is a
separate parcel which is developed with a commercial retail center.
Multi -family residential condominiums are developed to the north of
the subject site and a single family residential subdivision is
located to the northwest. The Vons Center abuts the proposed
subdivision and takes access, via Torito Lane, to Golden Springs
Drive. Directly south and west across Torito Lane, professional
office buildings and a vacant lot comprise the existing setting*.
A church is located to the east across Golden Springs Drive. .
Zone Change:
The zone change application requests that the current C-1 zone
(Restricted Business Zone) classification be revised to a R -3-(15)U
zone (Unlimited Multiple Residence Zone) classification which will
bring the site into compliance with the General Plan land use
designation.
The density designation, (15)U, reflects the proposed density of
the project and falls with the maximum density of 16 units allowed
in the General Plan land use designation of RM (Medium Density
Residential).
Development Agreement:
0
TheLos Angeles'*County'C6de a's adopted by the City of Diamond Bar
is cumulative in nature, thu6'ailowing residential development, -,in
commercial.zones, albeit with a conditional use permit (Title 22
Section 28.110). Review of the zoning code led to the discovery
that condominiums are not explicitly listed as an allowed use
although townhouses, apartment houses, and single and two-family
residences are.
The City and the applicant are therefore entering into a-
development agreement in order that the condominium project will be
reflective of the permissible grants allowed by Title 21 and not
explicitly carried forward in Title 22. Those entitlements,
together with special conditions which will placed on the project
to mitigate potential impacts, will be codified within the
instrument.
Vesting Tentative Tract May/Land Use:
The project is proposed as an (8). building 34 unit condominium
proj-ect.., The site ''is located on a IILII* shaped 2.3 acre -sitac
northeast of the intersection of Golden
lden Springs Drive'and Torito.
Lane. The parcel is located ' within the C-1 (Restricted Commercial)
zone and is surrounded by residential development to the east and
north and by commercial and office uses to the north, south, and
west.
The General Plan provides for a maximum density of 16 units per
acre for the applicable RIM land use designation. As designed,
this project conforms with the approved maximum density of 14.7
units per acre.
The design of this project differs greatly from projects previously
proposed for this site. The buildings are designed as two floor
townhouses with bedrooms on the upper floor and the kitchen, two
car garage and additional living area comprising the ground floor.
Each unit will be self contained and no public laundry facilities
are proposed As a part of this project. The habitable area of each
ft. garage
area.
Ta_ kOZ_ed_PaIAIIO=
The architecture of the currently proposed project has been revised
dramatically. Previously,
Country/Ranch theme had been proposed but the current design lends
itself to more of The
e
ag,
r, nd as wil. osF orest green
3
iron work and ceramic tiles.
The front elevation of the buildings features a roof which is
broken into different elevations and heights.
bha,xactern sand,--, depth.,
_17,op. The side elevations are
KC:designed with _-l6Uvdrbd vents and windows trimmed with wood corbels
and bands to add architectural features to reduce the potential
massiveness of the elevation.
The entries to the units feature a vaulted doorway comprised by a
standard sized door topped with multi -pane windows. The remaining
portion of the frontage unit is designed with a.4 ft. high garden
wall which creates the private patio for each unit. Along this
front elevation, the iron work is incorporated to accent the
design.
°s-t-r-ue-t-ure,s—,a�s,.-the ,.,aad-j:a,cen,t,..pad�-wi-s,,,l.oca-t-ed-.za,pp,r-o,x-i4ma,.t,e,1-.y,,"�-A-,-2=.t-o=a--FL
z--f-iaet� a�ve—t�he�-prIoposed—pr-oj,ectg;=a= The existing building is a two
story structure and obtains a height of approximately 30 feet above
grade. Additionally, the commercial offices directly to the west
of the site are oriented in a manner that reduces the potential for
negative visual impacts as the views enjoyed are not oriented to
the subject site.
The condominium project located to the west of the subject site is
constructed on a site which closely follows the topography of the
project site. The building which abuts the s it%.,is., ..separateyd b, a,
7 feet block wall. The building is two floors in height
and :, is
oriented away from the proposed project. The views that would
result from the proposed project include the' rear elevation and
landscaping. Staff would recommend a superficial upgrade to -the
existing block wall to include stucco and heavy landscaping.
a_ resident. had. stated ,that -privacy was an
issue because of the proximity of the buildings tq.,thp residences
and the excessive heights. With the relocation of the building
footprint to the south, the reduction of approximately 15 feet from
the,,, . overallheight (of _..the -_.,8;0,. ,unit design), the addition of
architectural features, and the incorporation of the appropriate
landscaping along.,,.,:th.p.,,,,peri,meter,,,.the ,.App,,l,.i,cant has attempted to
address,,this concern..
-
4
Parking/Circulation
The parking for this.project is provided based on a ratio of two
parking space per unit for residents and one (1) parking space per
every four units for visitors. A total of 68 covered parking
spaces are provided in the lower level garages designed for each
unit and an additional 18 guest parking spaces are distributed
throughout the project. The visitor parking has been distributed
more liberally throughout the project.
The internal circulation within the project has been improved by
the redesign of the project and the deletion of the parking
structure. ' The driveway aisles are in compliance with the Los
Angeles County Fire Department's requirement for 26 feet of
unobstructed access.
The project is designed with loop system circulation with two (2)
points of ingress/egress to Torito Lane. No vehicular access to
Golden Springs Drive is available. No secured access to the site
has been designed as a part of the proposed project because of the
use of individually secured garages. visitor parking will not
however, enjoy the same luxury of security.
Review of the site plan does indicate that the location of mail
boxes will have to be revised. Currently, the site plan indicates
that the mail boxes are to be situated at each point of ingress and
egress. Staff identified the lack of appropriate stacking area and
resultant congestion possibly created on Torito Lane as a result of
the design. Staff recommends the mail boxes be relocated to an
interior location.
Trash enclosures have been increased in number and spaced more
equitably throughout the site. The enclosures do not appear to
offer undue hazards for either pedestrians or for the refuse
haulers. No resident will be more than 90 ft. from one of the
enclosures and two of the three enclosures offer a well lighted
environment. The remaining enclosure will require the same
lighting as the others.
open Space/Landscaping
L . andscaping and open space provided for the complex is primarily
located on the perimeter of the development.. The Golden Springs
Drive frontage is designed with a setback of approximately 22 ft.
from the back of the curb. This area is landscaped with turf and
bushes and will be separated from the sidewalk by a 5 ft. privacy
wall. Additionally, there is a stairway from the sidewalk to the
project's parkway.
The northeastern portion of the site will be the location of the
active open space/recreation area designated for children's
�I
unspecified use. A spa is proposed in the courtyard surrounded by
buildings III, IV, VI, and VII which ties into the system of
walkways throughout the project.
The landscape plan indicates a diverse mix of ground covers and
trees. The Golden Springs Dr. elevation exhibits a large number of
plants but the sizes are deficient. The predominate size of the
trees are 15 gallon.'- these -trees are observed-- -fr,o-*-m,- -a major_
thoroughfare within the City and should present an immediate
appearance of maturity.
conclusion
Staff has reviewed the revised information and supports the concept
of the revisions which have been submitted. There are'specific
issues that arose during the previous public hearings on this
project that have been addressed by this redesigned project. The
applicant has reworked the -project with sensitivity to the
following: architecture, materials, and colors; providing landscape
and irrigation plans; the number and location of trash enclosures;
on-site lighting; and distribution of the visitor.parking.
Staff has reviewed the project, with these issues at the forefrontl
has found the project to adequately address most of these areas.
The sole exception that is apparent on upon review is a deficiency
in the size and quantity of the landscaping proposed.
The project is in compliance with the General Plan land use
category, RIM, and is below the maximum density of 16 units per
acre allowed. The project is much less intrusive to surrounding
land uses than the previous submissions and provides an adequate
transitional use between the commercial and high density
development and the residential uses located to the north.
Public Notice -
This project was advertised in the San Gabriel Valley Tribune and
the Inland.Valley Daily Bulletin on November 20, 1992 and in the
Highlander on November 25, 1992. Property owners (105) within a
500 feet radius of the property were also notified of the public
hearing by mail.
Environmental Determination:
A Negative Declaration has been prepared for this project.
Recommendation:
Staff recommends that the Planning Commission open the public
hearing and receive public testimony. Review the draft conditions
of approval and direct staff to prepare resolutions recommending
2
J
approval of the Vesting Tentative Tract No. 505.19, Development
Agreement 91-3, Zone Change No. 91-1 and Development Review No. 91-
2.
Prepared By:
Robert Searcy, Associate Planner
CROWLY5.RPT
7
P
L
FA I
III R[x)[:\'1:[_(!)1"\[1101 1
UN My M,
NX,
Applicant: Diamond Development Company
1700 Raintree Road
Fullerton, CA 92635
Proposal: A request to subdivide a 2.3 acre site into 34
individual ownership lots/units and three (3)
common lots, to change the zone classification from
C-1 (Restricted Business) to Zone R-3 (Limited
Multiple Residence) and to enter into a Development
Agreement with the City.
Location: 23575 Golden Springs
The site is located in the north central portion of
the City'. The site is surrounded by development
which includes professional office, general retail
commercial, multi -family condominiums, and, single
family residential. Golden -Springs Dr., designated.
as a secondary roadway in the.General Plan, is the
p I rimary. arterial serving the site from Torito Lane,
a cul-de-sac. The project site is located less
than 1,000 ft. from the intersection of Golden
Springs Dr. and Diamond 'Bar Blvd., which is
currently operating at a IICII LOS.
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.
1
Neciative.DeClaration
All "yes® and "possibly" answers and mitigation measures.
1., Earth. (a,b,c,e)
Explanation:
The subject property has had the previously existing structures
demolished and removed from the site. Subsequent to the removal of
the debris, soils reports identified that an uncertified fill had
been placed on the site and will require remediation by compaction
in compliance with an approved grading plan prior to construction.
During the grading phase of construction, there may be erosion
related to windblown fugitive particulates or water erosion.
Mitigation measures:
All soil remediation will be done in compliance with the 'Soils
report, approved grading plans and the requirements of the Public
Works Department. During the grading phase the site will be
required to, be watered down to reduce the occurrence of blowing
soil and landscaping will be required to be planted and maintained
on the site at the earliest opportunity that construction will
allow. Additionally, an erosion control plan will be required if
grading will not be completed prior to the rainy season.
2. Air. (c)
Explanation:
The project may contribute to the overall alteration in the
temperature of the region but not substantially.
Mitigation Measures:
The project will be required to incorporate expansive landscaping
throughout the project and to use muted non -ref lective colors where
possible.
3. Water. (b)
Explanation•
There will be an increase in non -permeable surfaces as a result of
the construction of the project thus decreasing the absorption
rates.
Mitigation Measures:
The project will require the placement of a drainage system and
connection into the existing municipal facilities.
e�
Explanation:
The project will require the removal the existing non-native
vegetation currently existing on-site. No unique or endangered
plant species- have been identified on-site. The preliminary
landscape plan proposes non-native vegetation in quantities in
excess of current the distribution. The newly introduced species
will not be a barrier to the replenishment of the existing species
as the existing vegetation is not present in adequate numbers to
replenish the site.
Mitigation measures:
-
A final landscape plan will be approved by the /community
Development Director prior to the issuance of a building permit.
All landscaping will be compatible with the character of the
existing landscaping of surrounding development.
6. Noise. (a)
Explanation•
During the construction phase, construction equipment may increase
the ambient noise levels.
Mitigation Measures
The project will be required to comply, with existing City
requirements which restrict hours ofconstructionduring weekdays
and weekends.
7. Light and Glare. (a)
Explanation•
Theproject will produce light' and glare on a site which is
currently vacant. The project will introduce additional light
sources into the area of the project that are required for safety
and security reasons.
Mitigation Measures:
Landscaping, orientation, and timers will be used to control light
spillage from the project site and to limit the duration of use of
the light sources.
S. Land Use. (a)
Explanation•
3
The development of the proposed project will result in a.
substantial land use alteration of site's currentvacant condition
although the project is in compliance with the General.Plan.
Mitigation Measures:
Require that the project be developed in compliance with the land
use classification as designated within the General Plan.
9. Natural Resources.. (a)
Explanation•
There will be an increase in the use of water and there may be
increase in the consumption of gas as a result of the proposed
project.
Mitigation Measures:
The proposed project will be required to comply with the Walnut
Valley Water District and City requirements concerning the use of
water conserving toilet equipment, the use of recycled water for
landscaping and the use of drought tolerant plants, and.compliance
with Building Code energy conserving requirements.
11. Population. (a)
Explanation•
This project may increase the density within the City by attracting
the population from outside the community. The project will
increase the density of the population in the area of the project
by providing housing opportunities where none have existed before.
Mitigation•
Ensure that development density and intensity is incompliance with
the General Plan and is compatible with adjacent existing and
proposed future development.
13. Transportation/Circulation. (a,b,c,d,f)
Explanation•
The project may increase vehicular -movements to a significant
degree and impact the existing LOS of the intersection of Diamond
Bar Blvd. and Golden Springs Drive. The project will create the
demand for the additional parking spaces as a result of
development.- The introduction of additional vehicular -movements
and pedestrians into the area of the project will increase the
potential for traffic hazards.
4
Mitiaation Measures:
The project will be developed with the traffic mitigation measures
deemed appropriate by the Director of Public Works. 'The design of
the project will be such that all parking necessary for the project
will be located on-site thus relieving the demand for on -street
parking, which will be prohibited.
14. Public Services.' (1,2,3,4,5,6)
Explanation:
This project will. create demands for public services directly
related to the number of new residents which will relocate to this
site.
Mitigation Measures:
The applicant will be required to contribute all impact fees which
will address the impacts associated with demands on public
services.
19. Recreation. (a)
Explanation:
The residential project may draw residents from outside the City or
redistribute the existing population from inside the City thereby
potentially placing impacts on existing recreational facilities.
Mitigation Measures:
The project will be developed -with as much on-site recreation as
the site will allow and the project will be required to contribute
to the City Park Fund.
12-92/VILLA34.DEC
5
..... ... ...
4=0 ..,,(21660 EAST COPLEY DRIVE - SUITE 100
DIAMOND BAR, CA 91765-4177
714-860-2489- FAX 714-861-3117
1. Sackgr6tind:
1. Name oi.Applicant:
2. Address and P-4pne Number of Pro wnent:
3. N=ss and Phone of Froje��--tnt�act--
&tS - -- AP.--.c�
4.,Date-of Environmental Information Submittal:
5.- Date of Envi nmental Checklist Submittal:
6. Lead Agency (Age nV&iriCher-klis1) T
I;>% A t-ADi� D
7. Name of
Su6dMs*-Won):
8.,.Related �pffcatiqns (under ihp aWhprity of this environmental determination):
Yes No
Variance:
Gon8ltlonal Use Permit:
Zona Change:
Geiidral Plan Amendment:
(Attach Completed Environmental Inforrnaffan Form)
p
It. Environmental impacts:
(Explanations and additional Information to supplement all "yes" and "possibly" answers are required to be
submitted on attached sheets) ye 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, covering or modification of any unique geologic. or physical feature?
e. Any increase in wind or water erosion of soils, either on or off the site?
f. Changes in deposition, erosion of stream banks or land adjacent to standing water,
changes in siltation, deposition or other processes which may modify the channel of
constant or intermittently flowing water as well as the areas surrounding permanent
or intermittent standing water?
g.: Exposem of people or property to geologic hazards such s 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 movernent; rnbisli re' or temperature, or any changes in c5 mate,
either locally or regionally?
3. Water. Will the proposal result In:
AiL
.a. Changes in currents or the course or direction df 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 body of watery
e. Discharge into surface waters, or in any alteration of surface water qualify 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? —r
h. Substantial reduction in the amount of,water otherwise available for public water supplies? —=
1. Exposure of people or property to water related hazards such as flooding?
T.•{ f; .- City of Diamond Bar lnittalStudp Form
Yes No Possibly
4. Plant We. VIII 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? v
d. Introduction of new species of'e tants into an area, or in a barrier to the normal
replenishment of existing, spec
e. Reduction in acreage of any agricultural crop?
S. Animal Ufe. WIII the proposal result In:
–
a. Changge: in'the diversity of species, or number of any species of animals (birds, land
an!mals 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. W11I the proposal result In:
a. Significant increases in existing noise levels?
b. Exposure of people to severe noise levels .
7. Light and Glare.. VIII the proposal result 1n:
a Significant new light and glare or contribute significantly to existing levels of light and glare?
8. Land Use. VIII the proposal -result In:
a. A substantial aiteration of the pri sent or planned land use in an area? —'
S. Na4ural 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 Involve:
explosion orthe release of hazardous substances (including but not lirruted
a. A risk of
to, oil, pesticides, chemicals or radiation) in the evens of an accident or upset condition?
b. Probable interference with an emergency response plan or an emergency evacuation plan?
City of Diamond Bar initial Study Form
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/Circulatlon. Will the proposal result In:
a. -Generation of :Substantial additional vehicular movement?
b. Effects on existinI parkingfacilities or demand for new parking?
--��---
c. Substantial impact on existing transportation systems? •
d. Alterations 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? —
s 14. Public Servie�es. 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:' —
1:4*Fire protection?
2. Police protection?
3. Schools?
4. Parks or other recreational facilities?
5. Maintenance of public facilities, including roads? -
6. Other governmental services?
15. Energy. Will the"proposal result In:
a. Use of substantial amounts of fuel or energy?
b. Substantial increas in demand upon existing energy sources or require the development
of new sources of elergy? _-----�
16. Utilities. Will the proposal result in:
A need for systems, or Substantial alterations to public utilities? _
a ---
J •
City of Diamond Bar initial Study Form
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/Circulatlon. Will the proposal result In:
a. -Generation of :Substantial additional vehicular movement?
b. Effects on existinI parkingfacilities or demand for new parking?
--��---
c. Substantial impact on existing transportation systems? •
d. Alterations 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? —
s 14. Public Servie�es. 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:' —
1:4*Fire protection?
2. Police protection?
3. Schools?
4. Parks or other recreational facilities?
5. Maintenance of public facilities, including roads? -
6. Other governmental services?
15. Energy. Will the"proposal result In:
a. Use of substantial amounts of fuel or energy?
b. Substantial increas in demand upon existing energy sources or require the development
of new sources of elergy? _-----�
16. Utilities. Will the proposal result in:
A need for systems, or Substantial alterations to public utilities? _
a ---
City of Diamond Bar:nitlal Study Form
Page 3
Yes No Possibly
1.7. 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. 1iN1II the proposal result in:
a. The obstruction of any scenic vista or view open
to the
to the ulic,o will the proposal result in
the creation of a 9 aesthetically offenswe site p public
19. Recreation. Will the proposal result In:
a. An impact upon 'the quaty or quantity of existing recreational opportunities?
li
20. Cultural Resources. Will the proposal result In:
a. The alteration 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?
fid. Restrictions on existing religious or sacred uses within the potential impact area.
'Cly of Diamond Bar InIttal Study Form
Page 6
21. Mandatory Firl4ings of Significanee?.
, - dt have the otential to degrade the quality of the environment,
a. Does the propOs 'd prole' h e e
. g I Wife species, cause a fish or
. 'e the habitat Of a sh w ate or
substantially reduce e sustaining levels, threaten to er
wfldlife'populatlon to drop below .S
tlyreducea plant or animal community
reduce the number or restrict
significan p . I or eliminate important
the range! of a rare or endangered plant or anima or prehistory'2
s. of ihe majo eriods of California history
example lor p
4
b.- Does the proposed project have the potential to achieve short-term, to the disadvantage
of lqng-term, environmental goals?
impacts which are individually limited but cumulatively
c.
Does the proposed project pose
considerable?
se environmental effects which will cause substantial adverse
d. Doesprq�& po
effects On human,;beings, either directly or indirectly?
III DiSCUSS1611 of Environmental Evaluation:
(Aff ach Narrative)
Yes No Possibly.
basis IV. Determination:
On the of this Initial evaluation:
Determination: M nt effect on the environment,
rm'
nh e
t
Ifindthatthe roposed Pro ect COULD NOT have a signi.ica
h I
and a NEGATIVE DECNRATION will be prepared
1 t the environment,
I find that although the proposed project could have a significant effect on
t t effect in this case because the mitigation measures describe
here will not be a significant e proposed project.
on themattached sheet have been inGorporated into the I
A MITIGATED NEGATIVE DECLARATION WILL I BE PREPARED.
I find that the proposed project MAY have a signifi6ard effect on environment, a
ENVIRONMENTAL IMPACT REPORT is required.
Signature:.
Date:_Wt Title: M'A
'alffomia
For the City Of Diamond par, �,
(staff use)
PROJECT NUMBER s):
4
INITIAL STUDY QUESTIONNAIRE
A. GENERAL INFORMATION
Project Applicant (Owner): Project Representative:
NAME NAME
A-,
ADDRESS ADDRESS
Ci,)-
PHONE # PHONE #
1. Action requested and project description: V4
2. Street location of project:
-0 r"k v k. i -t 7u G
3a. Present use of site:
3b. Previous use of site or structures: _.b,Nmzo3 �i\nL
4. Please list all previous cases
(if any) related to this project: !-,k %-, "L i-
5
RN
9
Other related permit'/approvals required.
Specify type and granting agency
Are you planning future phases of this project? Y (N—j
If yes, explain:
Project Area: Covered by.structures, paving:
Landscaping, open space: (,5.; 1;
Total Area: -5
8. Number of floors: .1
9. Present zoning: C, t
10. Water and sewer, service:
Domestic Public.
Water Sewers
Does service exist at site? Cx. N
If,yes, do purveyors have
capacity to meet demand of
project and all other approved
projects?�YJ N �Y N
If domestic water or public sewers are not available, how will these
services be provided? 1JiAl.
Residential Projects:
11. Number and type of units: , , 3 1-- 3 D►'-�
12. Schools:
What school districts) serves the property? ti -%Eo 5c- r���- ���'�7
Are existing school facilities adequate to meet project needs?
'ES NO
If not, what provisions will be made for additional
classrooms? `i. ,c.'.c.t. A,:�- �.�; ► �r�r'�1�. �� ii.� 12�<<.: ►5 i, r� �=
�:-.:.,L 'i ; U J � :., i `� nt-.i � � Ni:.-- D ` fit%--�'S � s t'�c�:ti �'c-:.+.�r: i—:i 'rtil� 4 j'F fir► �� •� 15r�-�
�jN- ,�(� c Pc� try i Si& SLE- -Y_' ►=ti; , L% tie .
rill' Non -Residential projects:
13. Distance to nearest residential use or sensitive use (school, hospital,
etc.)
14. Number and floor area of buildings:
15. Number of employees and shifts:.
16. Maximum employees per shift:
17. Operating hours:
18., Identify any: End products
Waste products
Means of disposal
1. Environmental Setting --Project Site
a. Existing use/structures tWA6 y5.ct i
7 t:Y l 1-15 rD
b.. Topography/slopes
c.'ky: 1 A I\ b\yZl:.
i -D!t<': i i o N --i: 'i `- 7
C' f t N� Ct N 1 Z. L
T cl F\ti• i� j2.."::1�1 t-'\ t\ iti t...-' '�:j�.`.'
*c. Vegetation
*d. Animal s
*e. Watercourses tt/I\.
f. Cultural/historical resources fi (.AE
g. Other \0�
2. Environmental Setting -- Surrounding Area
a. Existing uses structures (types, densities): tvti. StTa•�ZL'tr-\t�.,'�
T`�— ` (':`,^�t'i :=c-\ 1 rd N •i��S �� IVU (Ui-1 Nt l:i� .� �4k � t 5 c- C� t -i i`•i i:'r.t:..t C
b. Topography/slopes
*c. Vegetation ","t.:
*d. . ' Animals
i
*e. Watercourses h'•/
f. Cultural/historical resources �lo;�t ;� -�t� ;�,�7; vr• ;Y,,
t<T woi.Lc:V)i:.&
g. Ch her
* Answers are not required if the area does not contain natural,
undeveloped land.
19. Do project operations use, store or produce hazardous substances such as
oil, pesticides, chemicals, paints, or radioactive materials?
YES NO
If yes, explain
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-
si te. ;.to i?
22.
Will delivery or shipment trucks travel through residential areas to reach
the nearest highway?
,YES QC ;
If yes, explain
3. Are there any major trees on the site. including oak trees?
YESNCO)
If yes, type and number: --W kWH TKYTN., F- K NTY�L I r -g (A vi V-
KD96L' -PiTie At -0 —i1zz—eS .tk -J'1 FE
4. Will any natural watercourses, surface flow patterns, etc., be changed
through project development?:
YES C14,
If yes, explain:
5. Grading:
Will the project require grading? CYa.', NO
If yes, how many cubic yards?
Will it be balanced on site? QTE_S_.'* 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 NO
If yes, explain:
7. Is the property located within a high fire hazard area (hillsides with
moderately dense vegetation)?
YES
Distance to nearest fire station:
8. Noise:
Existing noise sources at site: t'l o ta iEr
Noise to -be generated by project: t-itL_
Fumes:
Odors generated by project: (\tC)
Could toxic fumes be generated? t\ko
10. What
energy -conserving designs
or material will
be used?
WN i u 1` Vl ','-i l C 1 l_C
CERTIFICATION: I hereby certify that the statements furnished above and in
the attached exhibits present the data and information required .
for this initial evaluation to the best of my ability. and that
the facts, statements, and information presented are true and
correct to the best of my knowledge and belief.
.? !` Z � % � ! _ � .�7•..t _S-- (-��Y=4'-bv C"�� -�,� l=iC lac /',-t t., �%%y, � !�G iC.
Date Signature
For: I),IA9A-10ti l)
T
r,
Environmental Information Form for Residential Projects
(To be completed by applicant)
General Information:
Date Filed: 2-S ( Ct I
Pertinent Permit s/Applicat ions:
Project Information:
1. Name, Address and Phone Number of Project Sponsor:
2. Name, Address and Phone Number of Key Contact Person(s):
nk4)
3. Project Address:
411<5 Qk7-"
GoL-Dta fP9-trLG.5 `7t P-1Ve-
,:�o
4. Project Assessor's Block and Parcel Number(s):
5. Other Identification (other recorded/map location information):
6-A. Does the Project require any of the following actions by the City:
Variance:
Conditional Use Permit:
Zone Change:
General Plan Amendment:
M
H
6-B. List and describe any other related standards, permits and other public
approvals relevant to this project, including those required by city, regional,
state and federal agencies: mkt-
w�t u-4- U rt L —F!S
7. Land Use Designations:
Adopted General Plan Designation- A Xi
Adopted Zoning: 9
Community Plan Designation:
8. Proposed Specific Use of Site:
k) 14 k —t
Project Description
9-A. Site Dimensions and Gross Area:
iVeY',9-;z7,Y-( " k�_� 3clo \
-2- e. k% -k,
9-B. Legal Description of the Project: (attach copy to this form if necessary)
?Pqa-ex-6 -2- QF- 2-1-6'' hlS JA 412- i )
ec—T-kzs 4 3 TDw,-LSMP 2— iSoz-74 insx-57-S.6. M,
10. Project Detail p�- ykcD -�wo ` kCIZS
Attach a separate page of descriptive data for each housing type included in this
project:
a. Number of Housing Units by type.
b. Floor Area by type (minimum, maximum, and average square footage).
C. Number of floors (stories) for each type..
d. Housing market targeted (demographic profile).
e. Estimated market sales price or estimated market rents.
f. Describe all amenities proposed (for example, landscaping. recreation
equipment, common use facilities. trials, etc.).
g. Minimum lot size. (Net lot area, not including Right -of -Way).
h. Maximum lot size. (Net lot area, not including Right -of -Way).
i. Average lot size. (Net lot area. not including Right -of -Way).
j. Number of lots which do not meet City Standards.
11. Describe public or private utility easements, utility lines, structures
or other facilities which exist on the surface or below the surface of the
project site.
L-5
12. Associated Projects: (Projects or potential projects which are directly
related to this project, ie: potential developments which require completion of
this project): � ,t ae.
13. Describe any anticipated Phasing for this project: (Number of Units & Time
Frame)
14. Attach one copy of each of the following:
a. Preliminary Soils Report
b. Preliminary Geologic Investigation.
C. Drainage Study.
d. Topographic Map highlighting any existing slopes of 25`b or more.
e. Tract Map, Parcel Map. or Plot Plan clearly showing each area of cut
and each area of fill: all residential unit pads (if known), and
any areas with slopes 25% or more.
f. Photographs showing the site from different (ie: north, south, est.
west) vantage points and photographs showing vistas (ie: north,
south. east, west) from the site.
Are the following items applicable to the proposed project or its effects?
(Discuss below all items which apply to this project: attach additional sheets
as necessary)
15. Grading:
Maximum depth of excavation: 6 eC-�c'i Maximum depth of fill: '( eee
Quantity of soil moved: fn'u a C) cubic .yards. .
Will there be anon site balance of cut and fill?: Yes
16. Viewshed: Describe any change in the appearance of the site resulting from
the project as proposed.
rA Qdtot:i nttym Cry alaL:e-k
'D ►r1Q S
17. Describe how the proposed project will fit into its surroundings (ie: will
the proposed project blend into and existing neighborhood? How will it relate
to the size, scale, style, and character of the existing surrounding
development? ) iIkC- 5 tt-c- 15 otLe V -P- -t 1CW13 k ktrG
I _ c Gi7Nt7 t,&o et Q B Pct $1—ti p�tPrrsD Cs O1 Derl -Pitt n�GI- OU.,A-D,
, 1yk� t�tZ ;CJS c� /
1ti) 6 C l ky 5 Z`y e_ p er__=_O 1_.1`� i ;' 7 -5"tJ 0� k � nCiQ (*t. b OrIP t 'i [�-t t N -t- P� �%�l L C -O t'k � L 7�
18. Describe any alteration of the existing drainage patterns, or potential
for changes in surface or ground water quality or quantity. (ie: will the flow
of any permanent or intermittent surface/subsurface water change as a result of
this project? How?: will there be any injection wells, septic systems, or other
facilities which may affect surface or subsurface water quality?)
19. Describe any long-term noise and/or vibration which may occur as a result
of this project: (after construction will this project directly or indirectly
cause the generation of noise and or vibration greater than any that exists now?)
I1.0 t' 6
20. Describe any residential construction proposed on filled land (ie: identify
the lot number of each structure proposed to be built of filled land).
inilL t bVC✓YCaG� C �v "i -3P s 0 ►2C L7v 5T R..t ti p
ark Wyk CA -X"o p,"►t —o 5'i V2-'Jr—iu�� s
21. Do any significant trees exist on the project site now? Describe the
effect this project will have on them. (ie: Oak and Walnut trees are considered
significant. Describe whether the proposed project will disturb or cause removal
of any of these trees).
P(.O
22. Is the project site located in a national, state, regional or locally
designated area of historical, environmental or other significance. If so
describe. (ie: is the site an area designated as a hillside management area,
significant ecological area, significant mineral resource area, etc.)
Fnvironmental.Setting: .
23. Describe the environmental setting (synopsis) of the project site. This
narrative shall include a description of the soil stability, slopes, drainage,
scenic quality, plants, and animals which may exist on the site now, and any
existing structures and the existing land use of the project site.
PRO Po S K I) t6 ( 't i hl t=t L '�� c cY E �Ct 5 s t rb: C:r
�i131L ,r.�Cri Ar=c ►STCCr.�Cx J', LOL.C54-5 WT4 ht=t^w, r��7oMChlCJ;Ll$,
d i I I M l r1 fry2 fa'z1 I C. S �h nl O 6 E -D 1-0 C2 l C (A V%
24. Describe the surrounding properties (synopsis). This narrative shall
include a description of the soil stability, -slopes, drainage, scenic quality,
plants, and animals which may exist. Indicate the type of land use (residential,
commercial, etc.), intensity of land use (single-family, multi -family, density,
commercial, professional, etc.), and scale of development (height, frontage, set-
bacrk.�,� etc.) in the adjacent surrounding area. AL -L 5"\j e-r-oyrt,otrtCa tVp��r-�¢
I -o l Ait& F-/ I. (- Y' OV -V G7 N p,a
W_' �-�-; t 5 i� �a �e a �t2 �0 1� Ar S �� O P i7I ri (A C;C`6*l, el?- kf443
CSM M C'R-C. i tM- * Qty i A ''fib &J i Lo 1 rL Cz5 -Vo TFC
J�rlCtiLz.Mt� t4oM, S TO 'iikc tA1nf IkNo t�Y A C'F,i-4�c�ailrG�dM Ca NIPLk
rtlk f� G . p2G Dv nLc�T �kPP irN1r2
an 6-6 fk4`i u sbl L. O K 'D itk i rt /� v `? R a 6 L,—( -t5
Certification:
I hereby certify that the statements furnished above and in the attached exhibits
present the data and information required for initial environmental evaluation
of the proposed project. All information is to the best of my'knowledge, belief
and ability to determine factual, true, correct and complete.
Date: 2S G1 ( Signature: �y�� ��Q .a t��-tr,�� 6&4 . 1"AIL1 ..
For &M D PPO `kE V c -L,,) p m �.f elri)
,
Completion of this form is required to begin review of a project. Information
within this form and the required attached materials will assist the City in
determining whether a Negative Declaration may be granted, whether a Mitigated
Negative Declaration maybe granted, or whetherEnvironmental Impact Report shall
be required.
11 TY
Cft 0-
A
WALNUT VALLEY WATER DISTWT-7
BOARD OF DIRECTORS: 'box 66 - - 29
271 South Brea Canyon Road o P.O. 8
William G. Wentworth Walnut California .91789-3002 o (714) 595-1268 • (818) 964-6551 DI
President FAX (714) 594-9532
Election Division I
John E. Fisher
Vice President
Election Division IV
Richard C. Engdahl
Vice President December 10, 1992
Election Division 11
Keith K. Gunn
Assistant Treasurer
Election Division V
Edward N. Layton
Director City of Diamond Bar
Election Division 111 21660 E. Copley Drive, Suite 190
STAFF: Diamond Bar, CA 91765
Edmund M. Biederman
General Manager
.Secretary Attention: Anne Gardiner
Norman R. Miyake
Treasurer Re: Tentative Tract 50519, Work Order 92-2116
LEGAL COUNSEL:
H. Jess Senecal The owner of the above captioned project has informed
the Walnut Valley Water District of the need to
relocate an 8 -inch water line for this project.
The District has no.' problem- with the relocation of
this main and will develop plans for its' installation
at the developer's expense.
If you have any questions, please give me a call.
Very truly yours,
WALNUT VALLEY WATER DISTRICT
BRYAN LEWIS
Director of Planning and Projects
BL: aan
CITY OF DIAMOND BAR
I N T E R 0 F F I C E M E M 0 R A N D U M
DATE: December 9, 1992
TO: Department of Community Development, Planning
F I ROM: Department of Public Works, Engineering k G
SUBJECT: VESTING TENTATIVE TRACT MAP NO.50519 DATE SEPTEMBER
19,1992
Vesting Tentative Tract Map No. 50519 has been recommended for
approval by the office of the City Engineer subject to the
following conditions:
SUBDIVISION
1. All easements existing prior to final map approval must be
identified. If an easement is blanket or indeterminate in
nature, a statement to that effect must be shown on the final
map in lieu of its location.
2. Prior to final map approval, all existing easements running
through proposed structures must be quitclaimed or relocated
to the satisfaction of the City Engineer.
3. Two copies of a title report/guarantee showing all fee owners
and interest holders must be submitted when a final map is
submitted for plan check. This account must remain open until
the final map is filed with the County Recorder. An updated
title report/guarantee must be submitted ten (10) working days
prior to final map approval. Also, 2 copies of All Recorded
Documents. Referenced in the Title Report must be submitted.
For Maps that will require the signature of a Corporation,
Submit 2 Certified Copies of the Corporate Resolution Which
Authorizes the Person(s) Shown On the Map to sign it.
4. The developer shall submit to the City Engineer the total cost
estimate of all off-site improvements, prior to approval of
the final map.
5.' The tract shall be annexed to the Landscape Assessment
District 38; and the City-wide lighting district.
6. New centerline ties set as part of this subdivision must be
approved by the City Engineer, in accordance with City
Standards.
7. New boundary monuments must be set in accordance with the City
Standards and subject to approval by the City Engineer. Also,
3 copies of Each of the "Tie Notes" Used to Find Reference
Monuments.
8. If any required public improvements have not been completed by
the developer and accepted by the City prior to the approval
of the final map, the developer shall enter into a subdivision
agreement with the City and shall
hall post the appropriate
security.
9. All site grading, landscaping, irrigation, street
improvements, sewer and storm drain improvement plans shall be
coordinated for consistency prior to final map approval.
10. Onsite driveways and multiple access strips must be labeled as
"Private Driveway and Fire Lane" on the final map. Fire lanes
shall be designed in accordance with the Los Angeles County
Fire Code.
11. House numbering clearance is required by the City Engineer,
17. Grading of the subject property shall be in.accordance with
the Uniform Building Code, City Grading Ordinance #14-(1990),
or as amended and acceptable grading practices. The final
grading plan shall be in substantial conformance with the
approved grading plan.
18. A detailed soils report based on the revised Map shall be
prepared by a qualified engineer licensed by the State of
California to perform such work and must be. reviewed and
approved by the . City's Soils Consultants. This review
requires a $1000 deposit.
prior to approval of the final map.
12 -
The detail drawings and notes shown on the submitted plans
are
conceptual only and the approval of this map does
not
constitute approval of these notes.
i3.
Soil Engineer's name,, address, phone number, signature
and
stamp on plan.
14.
Retaining walls if any to be indicated on plan:- TW(Top
of
Wall); TF(Top of Footing) -
15.
3 Copies of Closure Calculations for Each Lot,. Street,
Easement must be submitted prior to final map approval.
16.
2 Copies of the Most Recent Assessor Map Book Covering
the
Site and All Adjacent Parcels must be submitted prior to final
approval.
HYDROLOGY, GRADING, GEOLOGY & SOILS
17. Grading of the subject property shall be in.accordance with
the Uniform Building Code, City Grading Ordinance #14-(1990),
or as amended and acceptable grading practices. The final
grading plan shall be in substantial conformance with the
approved grading plan.
18. A detailed soils report based on the revised Map shall be
prepared by a qualified engineer licensed by the State of
California to perform such work and must be. reviewed and
approved by the . City's Soils Consultants. This review
requires a $1000 deposit.
19. A detailed geological report based on the revised Map shall be
prepared by a qualified engineer or geologist and submitted at
the time of application for grading plan check.
20.* Grading and drainage plan (241lx3611) with hydrology study and
hydraulics calculations must be designed in compliance with
recommendations of the soils and engineering geology reports.
21. Grading must be signed and stamped by registered Soils
Engineer and registered Geologist.
22. Trees are prohibited within 'five feet of the outside diameter
of any storm drain pipe measured from the outer edge of a
mature tree trunk. Future storm drain to be shown on plan.
23. As a subdivision, the following requirements shall be met:
a) Surety shall be posted and an agreement executed
guaranteeing completion of all - on-site drainage
facilities necessary for dewatering to the satisfaction
of the City's Public Works Department prior to final map
approval and prior to the issuance of grading permits.
b) Appropriate easements for safe disposal of drainage water
that are conducted onto or over adjacent parcels, are to
be delineated and recorded to the satisfaction of the
City's Public Works Department, prior to issuance of
grading permits.
C) All slope banks in excess of five (5) feet in vertical
height shall be seeded with native grasses or planted
with ground cover for erosion control upon completion of
grading or some other alternative method of erosion
control shall be completed to the satisfaction of the
City Engineer. In addition, a permanent irrigation
system shall be provided.
24. Completion and stabilization of all man-made slopes, removal
of all landslide materials and reconstruction of slopes must
comply with the -Los Angeles County. Building Code and
Ordinances including those requirements for erosion protection
and landscaping.
215. Repair any broken or damaged curb, gutter, -sidewalk and
pavement on Torito Lane and Golden Springs Drive abutting the
subdivision. I Prior to any work being performed in public
right-of-way, fees shall be paid a ' nd a construction permit
shall be obtained from the, City Engineer's office in addition
to any other permits required.
26. Construct base and pavement on all driveways and the fire
lanes in accordance with the City approved soils report and
City Standards.
27.. Fire lanes and private driveways must be clearly delineated
and dimensioned. Also delineate the proposed driveway
access/drive approach location to the site. Fire 'Department
approval required prior to final map approval.
28. Developer shall contribute towards the street overlay of
Torito Lane in the amount of $40,000. This also assumes no
additional contribution towards any. impact on Golden Springs.
29. No on street parking will be permitted within the development
based on the street width being allowed. Internal streets to
be designated as private streets.
30. The street section for the internal streets should be shown on
the Final Map.
31. Each building shall be served by a separate sewer lateral.
The sanitary sewer system serving the tract shall be connected
to city sewer system. Said system
em shall be of the size, grade
and depth approved by 'the City Engineer, County Sanitation
District and Los Angeles County Public Works Department, prior
to approval of the final map. Future sewer must be shown on
map.
32. The subdivider must obtain connection permit from the City and
County Sanitation District. The subdivision must be annexed
into the County Consolidated Sewer Maintenance District and
appropriate easements for all sewer main lines must be
provided and accepted by the County of Los Angeles Public
Works Department, prior to approval of the final map.
33. Subdivider, at his sole cost and expense, must construct the
sewer system in accordance with the City, Los Angeles County
Public Work Department and County Sanitation District
Standards. All sewers must be accepted' for maintenance by Los
Angeles County.
TRAFFIC
34. Traffic improvement plan prepared by a registered Traffic
Engineer and signed by a registered Civil Engineer shall be
submitted to and approved by the City Engineer. The
improvement plan shall include appropriate. signing and
striping to prohibit left turn from Torito Lane to Golden
Springs Drive. Security shall be posted and agreement
executed to the satisfaction of the City Engineer and the City
Attorney guaranteeing completion of these improvements prior
to final map approval unless'otherwise stated herewith, -
35. Pavement striping, marking- and street signing shall be
installed to the satisfaction of the City Engineer.
36. Developer shall contribute $120,000.00 towards the design and
installation of a traffic'signal at the intersection of Torito
Lane and Golden Springs Drive, prior to approval of the final
p
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a 40,141� _
�91 *
37. Developer shall contribute $12,500 towards additional signal_
phasing requirements at Diamond Bar Boulevard and Golden
Springs based on additional traffic generated from the
proposed development, prior to approval of the. final map.
UTILITIES
38. Provide separate utility services to each building including
water, gas, electric power, telephone, and cable TV (all
underground) in accordance with the respective utility
companies standards. Easements shall be provided as required.
39. The developer shall be responsible for the relocation of
- existing utilities as necessary.
40. A written statement/ letter from the Water Company, consenting
to the construction of a building over it's easement must be
provided to the City prior to approval of the VESTING
TENTATIVE TRACT MAP.
41. Prior to recordation of the final map, a written certification
from Walnut Valley Water District, GTE, SCE, SCG and Jones
Intercable stating that adequate facilities are or will be
available to serve the proposed project shall be submitted to
the City. Such letter must be issued by the utility company
at least 90 days prior to final map approval.'
ri. i4 r•:r::. . 1.1"" i4' w 1:4 t'. L. i~ to jL* Fi
Recorded At the Request
Of And when Recorded
Mail To:
Lynda Burgess
City Clerk
City of Diamond Bar
21660 East Copley Drive, Suite 100
Diamond Bar, California 91765
DEVELOPMEVT AGREEMENT NO. CONCERNING PROPNRTY
LOCATED AT -
D f
THIS AGREEMENT. is made and entered into as of the
,,Effer,tj,,,re Datety set forth herein by and betwec--n
Uvely) and the CITY OF DIAMOND
BAR, a municipal corporation ozgani�ed and existing under the
laws of the State of California ("City"),
W I T H A g S E T HS
A. A-e-0-A-tA.1-n -
california Government Code Sections 65S64, et seq.
authorize cities to enter into binding devalop-ment agreements
with persons having legal or equitable interests in real property
for the development of such property.
(ii) Developer owns all interest in and to that real
property located entirely within city, the common and legal
description of which is set forth in Exhibit, "A", dated
attached hereto and incorporated herein by this reference and
hereinafter is referred to as "the Site."
(Iii) The Site is now zoned
pursuant to the provisions of
Zoning- ordjnan6e and Zoning Map, as allylejided to data
hereof. Developer and city desire to provide through this
Development Agreement more specific development controls on the
Site which will provide for maximum efficient utilization 6-f the
Site in accordance with sound planning principles.
ordinance
Agreement
(iv)
No.
with
On' 1991, City adopted its
thereby approving this Development
Developer and said Ordinance was ef fective on
, 1992.
M
NOVd, THEREFORE, the parties hereto agree as follows:
pefinitions. in this Agreement, unless the context
otherwise r -_quires, the following terms shall 1,.;,-.ve the following
zeaning:
a is the CitY Of DiamoMl. BEir.
b. "DeVeIOPer" a California
minited Partnership,
or any assignee thereon.
I'DavelOpMent Plan" aj:-e -those plans -and specifications
attached hereto, marked as Exhibits
f his J_ ce, and
andby
comprised of the documents ihQludingi but not limited
to, landscape plan, a site plan and architectural
elevations, The
Development Plan attached hereto 1—n6ilUt';Jas various
conditions of approval set forth in Exhibits
K6 -:F- e not eharger,
altered or
modified by this Development Agreement unless
specifically set for-th Ilerein. The project also
includes the records of applications by Developer, the
proceedings before the Planning commission and city
council, and all sijQh records and files in these
matters are incorporated. herein by this reference as
though set forth in full.
d. "Project" is that development approved for.the Site as
provided in this Development of
�UV. _;Ws reflectedin the Devalopvent Mans attached
.A
hereto as Exhibits
the conditions set^fo'.rth in
,Effec,tJve Date" shall mean. the 31st calendar day
following adoption of the ordinance approving this
agreement by City's City COLMOil-
2. p,00tgag, The Recitals are part of the agreement hetwelc-n
the parties and shall be enforced and enforceable as any other
provision, of this Agreement-.
3, Interest 4.t kKqprt a3�. Developer warrants and
..p� p XD_
represents that it has full legal title to the Site, that it has
2
1 6-92 Y U E
I 1 c «1 M A R KI M A N
:11 A R C z
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M
NOVd, THEREFORE, the parties hereto agree as follows:
pefinitions. in this Agreement, unless the context
otherwise r -_quires, the following terms shall 1,.;,-.ve the following
zeaning:
a is the CitY Of DiamoMl. BEir.
b. "DeVeIOPer" a California
minited Partnership,
or any assignee thereon.
I'DavelOpMent Plan" aj:-e -those plans -and specifications
attached hereto, marked as Exhibits
f his J_ ce, and
andby
comprised of the documents ihQludingi but not limited
to, landscape plan, a site plan and architectural
elevations, The
Development Plan attached hereto 1—n6ilUt';Jas various
conditions of approval set forth in Exhibits
K6 -:F- e not eharger,
altered or
modified by this Development Agreement unless
specifically set for-th Ilerein. The project also
includes the records of applications by Developer, the
proceedings before the Planning commission and city
council, and all sijQh records and files in these
matters are incorporated. herein by this reference as
though set forth in full.
d. "Project" is that development approved for.the Site as
provided in this Development of
�UV. _;Ws reflectedin the Devalopvent Mans attached
.A
hereto as Exhibits
the conditions set^fo'.rth in
,Effec,tJve Date" shall mean. the 31st calendar day
following adoption of the ordinance approving this
agreement by City's City COLMOil-
2. p,00tgag, The Recitals are part of the agreement hetwelc-n
the parties and shall be enforced and enforceable as any other
provision, of this Agreement-.
3, Interest 4.t kKqprt a3�. Developer warrants and
..p� p XD_
represents that it has full legal title to the Site, that it has
2
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full legal right to enter into this Agreement and that the
persons executing this Agreeme=nt on behalf of Developer are duly
authorized to do so and thereby bind DEVELLOPER to the terms and
conditions of this Agreement.
AqXAq (,,A-$ theDevalAoper hereby Suble
4.
Project and the land described in Exhibits
-'%-,he covenants, resiii_V_rtl&s and re�tricHions as set
forth in this Agreement. The city and the Developer hereby
declare, represent and warrant that their specific intent that
the covenants, r4asax-vations and restrictions as set forth herein
shall be deemed covenants running with the land and shall pass to
and be binding upon Developer's successors and assigns in title.
or interest to the Project- Each and every contract, deed 'or
other instrur.vnt hereinafter executed, covering or convaying.the
project or any portion thereof shall. conclusively be held to have
been executed, delivered and accepted sjibtact to the covenants,
reservations and restrictions expressed in, this Agreement,
regardless of whetter such covenants, reservation45 and
restrictions are set forth in such contract, deed or other
instrument.
City and Developer hereby
reby declare I% -,heir understanding
and intent, 'C'hat the burden of the covenants, reservatiQns and
restrictions set forth herein touch and concern the land in that
the. Devel-Loper"s. legal interest in the Project is rendered less
valuable the . reby. The City and Developer hereby further declare
their understanding and inteAt that the benefit of such covenants
touch and concern the land by enhancing, and in--reasing the
enjoyment and use of the Development by Developer and the future
occupants of the Project,., the intended beneficiaries of such
.covenants, reservations and restrictions, and by furthering tho.
public _c purposes for which this Agreement is adopted. Further,
the parties agree that s_,uc,111 covenants, reservations and
restrictions benefit all other real pro - perty located in the City
of Diamond Bar, provided, however, that only city shall be
entitled to enforce the provisions hereof pursuant to paragraph
161'below.
p
,11At
j
,qL�Sjjin pf t e:E�. Tt is understood. that the
S. , RAK A
contractual relationship between city and Developer J8 such that
Developer is an independent Party and is not the agent of City
for any pUrr)o_!:-e whdtsoever and shall not be considered to be the
agent of City for any purpose whatsoever.
IS. T'grM og The term of the
on the effective date and shall expire on
so long,as Developer re -mains in material
Agreement, as from time to tiltiO amended.
3
Agreement%,
- shall commence
compliance with
115
N4./
7. Cons&ruation. Developer shall complete construction work
for the Projecl-, on the Site, and all phases thereof, including,
but not linited to, landscaping and all off-site improvements,
pursuant to a building permit or permits issued by City within
three (3) years following the Effective Date. Notwithstanding
any other term or provision of this Agreement, Developer shall
complete rough grading of the Site, in accordance with approved
grading plans, within oeighteen (18) months of the effective date.
Subject to the provisions of paragraph 28 hereinbelow, the
failure to construct the Project shall cause this Agreement to be
void and of no further force and effect; provided, however, that
completion of the car wash portion of the Project, together with
all roquirdd off --site - improvements and perimeter landscaping
rag-oirements, alld compliance with the tp.rms of this Agreement
8. Tr_g!,n_aprs,_ 'assi, nman,tA.DA Fncu.mbra�. Developer shall
have the right to sell, lease, ground lease, mortgage,
hypothecate/ assign or transfer all. or any portion of this Site
(as may be subs8quently subdivided), to any person or entity at
any time during the term of this Development Agreement. Any such
transfer shall be dee-wed to include an asaign,Ment of all rights,
duties and.obligations creatod by this Development Agreement with
respect to all or any portion of the Site. The assumption of any
or all of the obligations of Developer under this Agreement
pursuant to any such transfer shall relieve Developer, without
any act or concurrence by the City, of its legal duty to perform
those obligat-ions excerpt to the extent that Developer is in
default With rospect to any and all obligat56ns at the time of
the proposed tran_sfr_-r-
-%'Vid Restrioti6:hs Pent_ rLiIIq to N3,10161Dmant
of the f!JtJ-. The following specific restrictions shall apply to
the use of the site pursuant to this Development Agreement:
a. Developer shall have -14'.he right to develop thi� Project
on the Site in accordance with the terms and conditions
of this Agreement and City shall have t right to
control development Of the Site in accordance with
the provisions of this Agreement.
The density and intensity of use, the uses, allowed, the
size of proposed buildings, provisions for the
reservation or dedication of land for public purposes,
the mt-Iximu-m height of proposed buildings and location
of public improvements, together with other terms and
conditions of development applicable to the Site, shall
be as set forth in this Development Agreement and the
attached Developme)'Jt,Plan.
4
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MARKMAtA W
P is 2.
N4./
7. Cons&ruation. Developer shall complete construction work
for the Projecl-, on the Site, and all phases thereof, including,
but not linited to, landscaping and all off-site improvements,
pursuant to a building permit or permits issued by City within
three (3) years following the Effective Date. Notwithstanding
any other term or provision of this Agreement, Developer shall
complete rough grading of the Site, in accordance with approved
grading plans, within oeighteen (18) months of the effective date.
Subject to the provisions of paragraph 28 hereinbelow, the
failure to construct the Project shall cause this Agreement to be
void and of no further force and effect; provided, however, that
completion of the car wash portion of the Project, together with
all roquirdd off --site - improvements and perimeter landscaping
rag-oirements, alld compliance with the tp.rms of this Agreement
8. Tr_g!,n_aprs,_ 'assi, nman,tA.DA Fncu.mbra�. Developer shall
have the right to sell, lease, ground lease, mortgage,
hypothecate/ assign or transfer all. or any portion of this Site
(as may be subs8quently subdivided), to any person or entity at
any time during the term of this Development Agreement. Any such
transfer shall be dee-wed to include an asaign,Ment of all rights,
duties and.obligations creatod by this Development Agreement with
respect to all or any portion of the Site. The assumption of any
or all of the obligations of Developer under this Agreement
pursuant to any such transfer shall relieve Developer, without
any act or concurrence by the City, of its legal duty to perform
those obligat-ions excerpt to the extent that Developer is in
default With rospect to any and all obligat56ns at the time of
the proposed tran_sfr_-r-
-%'Vid Restrioti6:hs Pent_ rLiIIq to N3,10161Dmant
of the f!JtJ-. The following specific restrictions shall apply to
the use of the site pursuant to this Development Agreement:
a. Developer shall have -14'.he right to develop thi� Project
on the Site in accordance with the terms and conditions
of this Agreement and City shall have t right to
control development Of the Site in accordance with
the provisions of this Agreement.
The density and intensity of use, the uses, allowed, the
size of proposed buildings, provisions for the
reservation or dedication of land for public purposes,
the mt-Iximu-m height of proposed buildings and location
of public improvements, together with other terms and
conditions of development applicable to the Site, shall
be as set forth in this Development Agreement and the
attached Developme)'Jt,Plan.
4
10. Bg .
fppt pI
ions on DavaIgpTgpi 2-r,0.-ie0t.
Except as expressly provided in this Development Agreement, all
substantive and procedural requirements and provisions contained
in City's ordinances, specific plans, r,,iles and regulations,
including, but not limited to; the Zoning ordinance, in effect as
of the effective date of this Development Agreement, shall apply
to the construction and development of the Site.
The provisions of t1lis pjx-ag-raph !0 shall not preclude
the application to the development of the Site those
changes in City ordinances, regulations, PlanZ Or
specifications which are specifically mandated and
required by changes in state or federal laws, or
regulations as provided in California.Govc-rrmnient Code
Section65869.5 or any successor provision or
provisions.
b. The payment of fees associated with the construction
of the Project, including land use approvals,
development fees, b>,Jlding permits, etc,, shall be
pursuant to those fees in offer',"_ at the time
application is made for such approvals or permits.
City may 'apply any and all nev. ordinances, rules,
regulations, plans and specifications to the
development of the site aft.(-.- the ef fectiI
..ve date
provided such new rules and regulations do not
corif lict with, t:lie teI-r(I!->,(>f this Development
,kgreenent as of the e-,,-'-feotivo date.
C1. Nothing herein -shall prevent the application of
health and safetY regulations (i.e., fire,
building, seismic, plumbing and electric codes)
that beco-me applicable, to the City as a whole.
Those us .s allowed on the Site shall be as
follows:
a. ern rm t t -ad- Uses.
1. QCs..
� 9--.
SerYi cle -S -
5
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Om
b. Uses Rarjuiring -conditional Use Permit.
C. Qnungil A�Iro�vai of ymsem.
Each use which requires the approval of. a
Conditional Use Permit shall, prior to City
acceptance, of such application, be reviewed
and approved by the City Council. The
Couilcills review shall consider, among othor
factors, the reputation of restaurant, the
experience of the operator and the design of
the proposed facility.
12. Ann_q_ql B9SI.Ow. During the term of this Development
Agreement, City shall annually review the ex4Fnu of good faith
compliance by Developer with the terms O -E this Development
Agreement. Developer shall file an annual report with the City
indicating information regarding compliance with the -terms of
this Development Agreement no later than March 15 of each
calen(lar year.
13. end eA njfipA.tLoh. Lieveloper agrees to, and shall, hold City
and its elected officials, officers, agen'ts and employees
harmless from liability for damage or claims for damage for
personal injuries, including death, and claims for property
dainage which may arise from the direct or indirect operations off
Developer or those of his contractor, subcontractor, agentl
employee or other person acting orl Iiis behalf which relate to the
construction and operation of the Projeot. neveioper agrees to,
and shati dafend city a -,Id its elected officials, officers,*
agents and employees with respect to actions for damages caused
or alleged to have been caused by reason of Developer's
activities in connection with the Project.. This.hold harmless
provision applies to all damages and claims for damage suffered
or alleged to have been'suffered by reason of the operations
referred to in this Development Agreement regardless of whether
or not the City prepared, supplied or approved the plans,
specific.ations or other documents for the Project.
14. Mondments, This Agreement may be amended or canceled, in
whole or in part, only by mutual Written consent
of the parties
and then in the manner px-ovided for in California Government. Code
Sections 6586$, et seq., or their successor provisions.
15. Nino Amandments � Develo=Qnt kLB—,n- Upon the written
application of Developer, miner modifications and changes to the
Development Plan may be approved by the Director of connunity
Development pursuant to the terms of City's Zoning ordinance.
M
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1.
1 C 0 -1.
M A R K M A H
A R C Z Y N ==.K I
P 0 8- 1 Z
Om
b. Uses Rarjuiring -conditional Use Permit.
C. Qnungil A�Iro�vai of ymsem.
Each use which requires the approval of. a
Conditional Use Permit shall, prior to City
acceptance, of such application, be reviewed
and approved by the City Council. The
Couilcills review shall consider, among othor
factors, the reputation of restaurant, the
experience of the operator and the design of
the proposed facility.
12. Ann_q_ql B9SI.Ow. During the term of this Development
Agreement, City shall annually review the ex4Fnu of good faith
compliance by Developer with the terms O -E this Development
Agreement. Developer shall file an annual report with the City
indicating information regarding compliance with the -terms of
this Development Agreement no later than March 15 of each
calen(lar year.
13. end eA njfipA.tLoh. Lieveloper agrees to, and shall, hold City
and its elected officials, officers, agen'ts and employees
harmless from liability for damage or claims for damage for
personal injuries, including death, and claims for property
dainage which may arise from the direct or indirect operations off
Developer or those of his contractor, subcontractor, agentl
employee or other person acting orl Iiis behalf which relate to the
construction and operation of the Projeot. neveioper agrees to,
and shati dafend city a -,Id its elected officials, officers,*
agents and employees with respect to actions for damages caused
or alleged to have been caused by reason of Developer's
activities in connection with the Project.. This.hold harmless
provision applies to all damages and claims for damage suffered
or alleged to have been'suffered by reason of the operations
referred to in this Development Agreement regardless of whether
or not the City prepared, supplied or approved the plans,
specific.ations or other documents for the Project.
14. Mondments, This Agreement may be amended or canceled, in
whole or in part, only by mutual Written consent
of the parties
and then in the manner px-ovided for in California Government. Code
Sections 6586$, et seq., or their successor provisions.
15. Nino Amandments � Develo=Qnt kLB—,n- Upon the written
application of Developer, miner modifications and changes to the
Development Plan may be approved by the Director of connunity
Development pursuant to the terms of City's Zoning ordinance.
M
,t_iN "x"► _� Y U E 1 1 1 1 M r-1AH ZD ARL..ZY1-4S K I P. 0
169 With the sole exception of the provisions set
forth in paragraph 28, in the event of a default under the
provisions of this Agreement by Developer, City shall give
written notice to Developer (or its successor) by registered or
certified mail, addressed at the address stated in this Agreement,
and if such violation is not corrected to the reasonable -
satisfaction of City within sixty (60) days after such notice is
given, or if not corrected within such reasonable time as may be
required, to cure the breach or default if said breach or default
cannot be cured Within sixty (60) days (provided that acts to
cure the breach or default must be commenced within said sixty
(60) days and must thereafter be diligently pursued by
Developer), then City may, without further notice, declare a
default under this Agreement and, upon any such declaration of
default, City may bring any action necessary to specifically
enforce the obligations of Developer growing out of the operation
of -this Development Agreement, apply to any court, state or
federal, for injunctive relief against any violation by Developer
of any provision of this Agreement, or apply for such other
relief as may be appropriate.
Z?. Pvnt of Default_. .Developer is in default under this
Agreement upon the happening of one or more of the following
events.or conditions:
a. If a'material warranty, representation or statement
is made or furnished by Developer to City and is
false or proved to have been false in any material
respect when it was made;
b. If a finding and determination is made by City
following an annual review pursuant to paragraph 12
hereinabove, upon the basis of substantial evidence,
that Developer has not complied in good faith with
any material terms and conditions of this Agreement,
after notice and opportunity to cure as described
in paragraph 16 hereinabove; or
c. A breach by Developer of any of the provisions or
terms of. this Agreement, after notice and opportunity
to cure as provided in paragraph 16 hereinabove.
18, E -q Waiver of Remed e.a. city does not waive any claim of
defect in performance by Developer if on -periodic review City
does not enforce this Agreement. Nonperformance by Developer
shall not be excused because performance by Developer of the
obligations herein contained would be unprofitable, difficult or
expensive or because of a failure of any third party or entity,
other than City. All other remedies at law or in equity which
are not otherwise provided for in this Agreement are available to
the parties to pursue in the event that there is a breach of this
Development Agreement. No waiver by City of any breach or
7 _.
N-16-92 7UE 1 1 : 1 MARKMAN al ARCZYNSK I F
default under this Development Agreement shall .be deemed to be a
waiver of any other subsequent breaoh thereof or default
hereunder. _
19. fights gf Lendersyndeag tjbig AgraoMent. Should Developer
place or cause to be placed any encumbrance or lien on the
Project, or any part thereof, the beneficiary ("Lender') of said
encumbrance or lien shall have the right at any time during the
term of this Agreement and the existence of said encumbrance or
lien to:
a. Do any act or thing required of Developer under this
Agreement, and any such act or thing done or performed
by Lender shall be as effective as if done by
Developer;
b. Realize on the security afforded by the encumbrance or
lien by exercising foreclosure proceedings or power of
sale or other remedy afforded in law or in equity or by
the security document evidencing the encumbrance or
lien (hereinafter referred to as "a trust deed");
c. Transfer, convey or assign the title of Developer to
the Project -to any purchaser -at any- foreclosure sale,
whether the foreclosure sale be conducted pursuant to
court order or pursuant to a power of sale contained
in a trust deed; and.
d. Acquire and succeed. to the interest of Developer by
virtue of any foreclosure sale, whether the fore-
closure sale be conducted pursuant to a court order
or pursuant to a power of sale contained in a trust
deed.
20. Notice JLq Lendsr. City shall give written notice of any
default or breach under this Agreement by Developer to Lender (if
known by City) and afford Lender the opportunity after service of
the notice to:
a. Cure the breach or default within sixty (60) days
after service of said, notice, where the default can
be cured by the payment of money;
b. Cure the breach or default within sixty (60) days
after service of said notice where the breach or
default can be cured by something other than the
payment of money and can be cured within that
time; or
c. Cure the breach or default in such reasonable time
as may be required where something other than
payment of money is required to cure the breach
8
uta- 16-92 -rUs i 1 12 r ARPI'MAN W AR. = YNSK = R. 04
M
or default and cannot be performed within sixty (60)
days after said notice, provided that acts
to cure the breach or default are commenced within
a sixty (60) day period after service of said
notice of default on Lender by City and are
thereafter diligently continued by Lender.
21, Aotion I ��r. Notwithstanding any other provision of
this Agreement, a Lender may forestall any action by city for a
breach or default under the terms of this Agreement by Developer
by commencing proceedings to foreclose its encumbrance or lien on
the Project:.. The proceeding$ so commenced may be for foreclosure
of the encumbrance by order of court or for foreclosure of the
encumbrance under a power of sale contained in the instrument
creating the encumbrance or lien. The proceedings shall not,
however, forestall any such action by the City for the default or
breach by Developer unless:
a. They are commenced within sixty (60) days after
service on Developer of the notice described herein-
above;
b. They are, after having been commenced, diligently
pursued in the manner required by law to completion;
and
c. Lender keeps and performs all of the terms,
covenants and conditions of this Agreement requiring
the payment or expenditure of money by Developer
until the foreclosure proceedings are complete or
erre discharged by redemption, satisfaction or
payment,
22. Noting. Any notice required to
this Agreement shall be provided by
receipt requested, at the address of
specified below or at any other such
specified by the parties hereto:
To Developer:
To City:
9
be given by th
certified mail,
the respective
address as may
e terms of
return
parties as
be later
.:i:.•,_. _. .. -. :., .. ... :-.:. ..'_.;;.t==.:.•..,::_v�wj_.v,A::.�::5hi:i.aa3.�n..c ..i.vi:a.3x'C;: r...,.Fr _.s
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23. Attorneys, Fees. In any proceedings arising from the
enforcement of this Development Agreement or because of an
alleged breach or default hereunder, the prevailing party shall
be entitled to recover its costs and reasonable attorneys' fees
incurred during the proceeding as -may be fixed within the
discretion of the court.
24. Bindjng rLffoqt. This Agreement shall bind, and the benefits
and burdens hereof shall inure to, the respective parties hereto
and their legal representatives, executors, administrators,
successors and assigns, wherever the context requires ox admits-
25d,
dmits.
25. �pliCabC Law. This Agreement shall be construed in
accordance with and governed by the laws of the State of
California.
26. Fart, Inver Sl ty. If any provisions of this Agreement
shall be deemed to be invalid, illegal or unenforceable,' the
validity, legality or enforceability of the remaining provisions
hereof shall, not -in any .way be affected or impaired thereby.
27. ,Be0oidatign.. This Agreerent shall, at the expense .of
Developer, be recorded in the official Records of the County
Recorder of the County of Los Angeles within ten (10)•buslness
days following the Effective Date.
IN WITNESS WHEREOF, this Agreements has been executed by
the parties and shall be effective nn the effective date set
forth hereinabove.
Dated:
CITY OF DIAMOND BAR,
a municipal corporation
LM
Payor
ATTEST:
Lynda Burgess, City clerk
City of Diamond Bar
Dated:
10
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r V
STATE OF CALIFORNIA )
) ss.
COUNTY OF LOS ANGELES )
A R C Z Y N S K I—
P w. 4'.^ _..
0/
On , 1991, before me, the undersigned, a
Notary Public in and for said County and State, personally
appeared and Lynda Burgess proved to me
tis
on the basis of safactory evidence to be the persons who
executed this instrument as Mayor and City Clerk of the City of
Diamond Bar, a municipal corporation existing and organized under
the laws of the State of California, and acknowledged to me that
the City of Diamond Bar executed .it.
Notary Public in and for said State
STATE OF
ss.
COUNTY OF
On , 1991, before me, the undersigned, a
Notary Pub cl -in and for said County and State, personally
appeared , Managing General Partner,
a California Partnership, proved to
me on the basis of. sactory evidence to be the persons who
executed this instrument.
Notary Public in and for said State
N11012XDEVAGREE� 3.1
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