Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
1/14/1991
AGENDA CITY OF DIAMOND BAR PLANNING COMMISSION WALNUT VALLEY UNIFIED SCHOOL DISTRICT BOARD MEETING ROOM 880 SOUTH LEMON STREET DIAMOND BAR, CA 91789 January 14, 1991 7:00 P.M. CALL TO ORDER: 7:00 P.M PLEDGE OF ALLEGIANCE: ROLL CALL: COMMISSIONERS: Grothe, MacBride, Lin, Vice Chairman Harmony, Chairman Schey MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction. Generally, items to be discussed are those which do not appear on this agenda. 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: 1. Minutes of the December 10, 1990 Meeting I OLD BUSINESS: (No Items) NEW BUSINESS: 2. CUP 86-0410 A request for an extension of time to construct a three story building housing professional offices. Applicant: Kingston Investment Corp., Stephen Chung, General Partner 939 South Atlantic Boulevard #212 Monterey Park, CA 91745 Location: 1200 South Brea Canyon Road PLANNING COMMISSION January 14, 1991 Page Two PUBLIC HEARING ITEMS: 3. A City -initiated request to amend certain provisions of Ti- tle 22 of the Los Angeles County Code, as heretofore adopted by the City of Diamond Bar, pertaining to signs. (2CA 91-1) 4. CUP 90-0127 A request to complete in two phases, the addi- tion of twenty-nine pads for the placement of mobile homes. The 19.5 acre site is currently developed with 118 pads and is known commonly as Diamond Bar Estates. The site is sur- rounded by industrial uses and multiple family residences. Applicant: McDermott Engineering Location: 21217 East Washington 5. CUP 90-0117 A request for a Conditional Use Permit to ex- pand an existing adult care facility in a renovated single family residence located in a residential neighborhood. The expansion will allow an increase from the current six resi- dents up to a maximum of 24 residents. Applicant: Tarun & Smita Sanghvi Location: 1000 Park Spring Lane 6. DA 90-2 A request for a Development Agreement for Gateway Corporate Center located South of the 57 (Orange) Freeway and off Golden Springs Drive. The Development Agreement will decrease development density and restrict land uses to office and commercial development. All ordinances in effect at the time of adoption of the Development Agreement will serve as the development standard. Applicant:' Zelmaxp Development Company on behalf of Dia- mond Bar Business Assn. Location: Gateway Corporate Center (Continued from December 10, 1990 meeting). ANNOUNCEMENTS: 7. Planning Commissioners A. Speakers Bureau 8. Staff ADJOURNMENT: To January 28, 1991 AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: .RECORDED PROPERTY OWNER: GENERAL PARTNER: APPLICANT: ARCHITECT: 2 January 10, 1991 January 14, 1991 CUP 86-410 A request for an extension of time to construct a three story building housing professional offices 1200 South Brea Canyon Road Kingston Investment Corporation 939 S. Atlantic Blvd. #212 Monterey Park, CA 91745 Stephen Chunq Harvard Design Group 1326 Glenmere Street West Covina, CA 91790 Oliver Day Land Uses Surrounding Subject site: North of the subject site is zoned R-1-8,000, single family residential (SFR); South of subject site is zoned C-3-BE (unlimited - Commercial - Billboard Exclusion). East of subject site is zoned R-1-81000 SFR with a church facility bordering the subject site; West of subject site is zoned R-1-8,000 SFR. BACKGROUND: An application was filed on September 15, 1986, with the Department of Regional Planning to allow for the construction of a one-story building for the use of retail stores. A three story building for the use of pro- fessional offices, and a zone change from R-1-8,000 SFR to C-3-DP-BE. A public hearing concerning this matter was held on June 10, 1987. There was opposition by neighboring property owners to a three story office building on the site. Neighboring property owners' were concerned over the density on this site, the traffic impact and the decline of the neighborhood. The zone change, a request to construct a one story build- ing for the use of retail stores and a three story building for the use of professional offices was denied at this hearing. Planning commission January 14, 1991 Page Two On July 1, 1987, a public hearing was held to appeal the denial by the Regional Planning Commission at this hearing, the zone change was denied. On November 19, 1987, a public hearing and a de Nova hearing was held. At this time, the matter of zone change and the construction of the two buildings were taken under advisement. On December 22, 1987, the Board of Supervisors conducted another public hearing on zone change case 86-410 and a de Nova hearing on CUP 86-410. At this hearing, the Board of Supervisors recommended that the Regional Planning Commission may wish to consider a revised project for this par- cel of land and a zone change from R-1-8,000 SFR to CH -DP -BE (Commercial Highway -Development Program -Billboard Exclusion) rather than C-3-DP-BE. At this time, the whole matter was referred back to Regional Planning for consideration. On June 15, 1988, a public hearing was held for a zone change from R-1- 8,000 SFR to Commercial Planned Development (CPD) to allow the develop- ment of a two story building for retail and commercial offices. Also, CPD zone requires a review of compliance with the design review criteria. At this public hearing, the Regional Planning staff recommended denial because there was there was no apparent need for additional commercial facilities in this area. If the Regional Planning Commission is satis- fied that there is a need for such uses and that the site is suitable, staff recommended permitted use be restricted to professional office use only. On January 12, 1989, another public hearing was held for a zone change from R-1-8,000 SFR to CPD and to construct two (2) two-story buildings, one for retail commercial stores and the other for professional offices. A de Nova hearing was held on the CUP 86-410 to allow the construction of a commercial office center within CPD zone. The proposed zone change was approved, changing an R-1-8,000 SFR zone to a CPD zone. The Board of Su- pervisors declined its intention to approve said CUP and instructed the County Counsel to prepare finding and conditions including a condition that the elevation of buildings will be reviewed to ensure that the buildings are in harmony with concerns of opponents. On March 30, 1989, a letter was sent to the Board of Supervisors by DeWitt E. Clinton, County Counsel, with the following pertinent findings and conditions enclosed: 1. The Grant. will expire within two years from date of approval. A one year extension may be requested before the expiration date. 2. This Grant allows the development of an office building containing maximum floor area of 36,500 square feet, appurtenant parking fa- cilities, and landscaping in substantial conformance to site plan marked Exhibit "A" as presented to the Board of Supervisors on January 12, 1989. Planning Commission January 14, 1991 Page Three 3. Height of building shall not exceed forty k40) feet above natural grade and shall contain not more than three stories. 4. The building maybe occupied by business and professional offices only. No medical offices shall be permitted. RECOMMENDATIONS: The staff recommends a one year extension ending March 30, 1992. A con- dition of this extension is that this project shall go through the design review process of the City of Diamond Bar. Also, as recommended by the City Attorney, any tentative subdivision map requirements of Los Angeles County shall be waived. AJL:pjs INTEROFFICE TO: Honorable Chairman and Planning Commissioners FROM: James DeStefano, Director of Plannin SUBJECT: Draft Sign Ordinance DATE: January 14, 1991 Attached is the latest "draft" sign code package. The Ordinance now includes a discussion of non -conforming signs and sign abate- ment. Staff mailed the draft Ordinance on January 4, 1991, to approxi- mately sixty (60) individuals and organizations for their review and input. The Ordinance still is in need of language refinements to b'e con- cise and consistent. A more complete report will be presented by staff on Monday, January 14, 1991. SIGN SECTION 100. PURPOSE AND INTENT. The purpose and intent of the draft Sign Ordinance is as follows: A. To encourage the use of modest signs with due regard for the needs of the business community. B. To encourage signs which are harmonious with other existing signs. C. To assure an appropriate level of review prior to approval of sign permits. D. To bring existing signs, as much as is feasible, into compliance with the provisions of the Sign Ordinance. SECTION 102. A. PERMITS; REQUIRED PERMITS; PERMIT ISSUER. 1. Permits are required for all signs except those specifically exempted from the permit requirements by this Sign Ordinance. 2. Permits may be issued by the Planning Director, or his designee, for all signs listed in (Section 106) of this Ordinance (Basic Sign Program), subject to those conditions listed in Section 102 D (Guidelines) of this Ordinance. 3. Permits may be issued by the Planning Director, or his designee, upon direction from the Planning Commission or City Council for any sign(s) listed within (Section 108) (Planned Sign category). it B. APPLICATION FOR PERMITS Applications for sign permits shall be made upon forms provided by the Planning Director, or his designee, and shall contain, or have attached thereto, the following information and material: 1. The name, address, and telephone number of the owner of the property on which the signs) are to be located. 2. The name, address, and telephone number of the applicant (owner of the sign). 3. The name, address, and telephone number of the sign contractor, if any. 4. The location of the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected. showing the: 5. Three (3) copies of a plan and elevations a. Signs) height, size, proposed colors, type style, elevation above final grade level, proposed location on the premises of the sign structure, its relationship to adjacent buildings or structures, and the method of illumination and materials proposed to be used b. Location, size, and height of all signs and structures existing on or within one hundred (100) feet of the premises at the time of making such application. P.1 c. Structural details and calculations signed by a person competent and qualified to prepare such information. The Planning Director or his designee may, in their sole discretion, waive such requirement. 6. Photographs showing the premises and adjacent property at the time of making the application. 7. Such other information as the Planning Director, or his designee, shall deem reasonable and necessary to ensure safety of construction and compliance with this and all other ordinances of the City. C. REVIEW OF SIGN PERMIT APPLICATION; APPEAL PROCESS 1. In consideration of the issuance of a sign permit, the factors noted below shall be utilized by the Planning Director, or his designee, as guidelines for determining that a submitted sign proposal furthers the intent and purpose established by this Ordinance. 2. An appeal from a decision of the Planning Department relative to the application of the review guidelines contained herein shall be made to the Planning Commission. Such appeal shall be filed with the Secretary of the Commission in writing within ten (10) days after the date of mailing of notification to the Applicant by the Planning Director or his designee that any submitted sign proposal has been denied or modifications are required to effect conformance with the guidelines. An appeal from the Planning Commission decision may be made to the City Council if such appeal is filed in writing with th notification of the Planning Commission action. D. GUIDELINES: BASIC AND PLANNED SIGN PROGRAMS In determining the consistency of each proposed sign with the purposes of this Ordinance, the following guidelines shall be applied: 1. That the proposed sign will be legible to the intended audience under normal viewing conditions, based on its proposed location and the design of its visual element. 2. That the proposed sign will not obscure from view or detract from existing signs, based on its location, shape, color and other similar considerations. 3. That the proposed sign will be in harmony with adjacent properties and surroundings, .based on the size, shape, height, color, placement, and the proximity of such proposed sign to adjacent properties and surroundings. 4. That the proposed structure, sign or display will be designed, constructed and located so that it will not constitute a hazard to the public. 5. That the proposed sign is not designed to have the advertising thereon maintained primarily to be viewed from a freeway, unless specifically provided for under the terms of this Ordinance. C! E. FEES The appropriate fee, as determined by resolution of the City Council, shall be collected by the Planning Director, or his designee, upon application for any sign permit. SECTION 104. BASIC SIGN PROGRAM/PLANNED SIGN PROGRAM; GENERAL REGULATIONS A. No illuminated signs shall be approved as part of a Basic Sign Program, except Temporary Holiday Lighting. B. No freestanding sign shall be located less than 25 linear feet from an adjoining property line, except that a sign may be located no less than 10 feet from the ultimate right-of-way. C. Signs shall be constructed of fire resistant material. Where glass or plastic are used, these materials shall be shatter -resistant. D. The Director of Planning may approve minor alterations of signs approved within a planned sign program. E. Sign materials and colors shall be consistent with building materials attached or adjacent to signs. F. No sign shall be placed on or over a public right-of-way unless permission has been granted by City Council or the Councils designee. G. Sign copy in non Latin -Roman alphabet characters must contain thereon a generic description written in English of the nature of such business or use. Such translation shall be visible from the nearest public street. 5 H. Business signs shall be limited to those portions of a building within which such business is located or conducted. SECTION 106. DEFINITIONS A. Advertisina device: Any balloon, flag, pennant, banner, propeller, oscillating, rotating, pulsating or stationary light or other contrivance (except lawfully permitted signs) used to attract attention. (See "Sign".) B. Advertisina display: Any device, contrivance, statue or structure (other than a sign) used as a display, regardless of size and shape, for the purpose of attracting attention. C. Advertisina structure, outdoor: A structure of any kind or character erected or maintained for the purpose of advertising a business, activity, service or product not sold or produced on the premises upon which said structure is placed. D. Alteration: Any change of copy, sign face, color, size, shape, illumination, position, location, construction or supporting structure of any sign. E. Area of a Sian: The entire area within the single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any material or color forming any integral part of the display or used to differentiate such from the background against which it is placed, provided that in the case of a sign designed with more 0 than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. Unless otherwise specified, the supports, uprights or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are designed in such a manner as to form an integral ..background of .the display. F. Attached sign: Any sign which is permanently affixed to a building, including wall signs. G. Attraction board: A changeable copy on premise wall or freestanding sign which contains messages related to upcoming events at restaurants, movie theatres, clubs or nightclubs or similar uses. H. Awnina Sian: A sign attached to or written upon an awning. (See "Canopy sign".) I. Banner Sian: Any sign hung either with or without frames, possessing .written communication applied to non -rigid paper, plastic, non -rigid material or fabric of any kind, and capable of being viewed from any public right-of-way, parking area, or neighboring property. J. Buildina frontaae: The lineal extent of a building or activity which has frontage on either a public right-of-way or parking area. The length of the building facing the public right-of-way or parking lot shall be used to determine the amount of signage permitted. 7 K. Buildina identification sign: Sign attached to a building which designates. the name and/or address of a business or organization. L. Business sign: A sign displaying information pertaining to goods or services offered or produced by the business located on the property but not including advertising devices/displays. Business signs may include the identifying name of a business. The content of business signs shall be limited to the identification of the following: (1) the business name of the user; (2) the name or names of the owner(s) of the business; (3) a description of the activity of the business; or (4) address of the premises. Freestanding business sign content shall include the street address of the business advertised. Signs shall not be allowed to advertise the products sold or prepared or the individual services performed on the premises unless the products or -services are an integral part of the identifying name of the business. M. Canopy Sian: Any sign which is not illuminated, which is attached to the underside of a projecting canopy protruding over a private or public sidewalk or right-of-way. (See "Awning sign".) N. Changeable copy Sian: Any sign designed and intended to have an easily and readily changeable copy, such as an attraction board. E O. Civic organizations sign: A wall or freestanding sign which has copy limited to organization name, address, and civic patriotic or religious events conducted on the property. P. Commercial center: Any site containing two (2) or more commercial activities, for which signage is proposed. Q. Condominium, subdivision or rental community Sian (permanent): A wall or freestanding sign which has copy limited to the name of the condominium, subdivision or rental community, including apartments, located on the property. R. Construction Sian: A sign which states the name of the future site occupant and/or the name, address and/or phone numbers of related construction, architectural, and financial firms. S. Electronic message board sian: A sign with a fixed or changing display composed of a series of lights, but not including time and temperature displays. T. 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.. U. Flags An advertising device, but not including national flags or flags of political subdivisions. V. Flashing or animated sian: A sign intermittently emitting light, or which has any illumination which is not maintained in constant intensity, color or pattern, including electronic reader boards, except time and temperature displays. W. Freestanding si n: Any sign permanently or temporarily attached to the ground and which does not have a building as its primary structural support. X. Grand opening Sian: An on premise sign advertising the opening of a new business. Y. Ground level: Ground elevation at the closest point of the adjacent building or curb level of the adjacent right-of-way, whichever is closer. Z. Government offices and quasi -official signs: A sign displaying information pertaining to services offered by City, County, State or other official governmental agencies. AA. Height of a Sian: The vertical distance measured from (average) ground (lowest point of elevation) level along the base of the sign structure, to the highest point of the structure. BB. Hours of operation Sian: A wall or window sign designating hours of opening and closing. CC. Illuminated Sian: A sign which has characters, letters, figures, designs or outline backlighted or internally illuminated by electric lights or luminous tubes. DD. Incidental Sian: A wall or window sign indicating type of credit card accepted, trade affiliation, etc. EE. Institutional Sian: A wall or freestanding sign which has copy limited to the name/address of an institution located on the property, i.e., a hospital, school, library or other public facility. FF. Liquidation sign: An on premise sign advertising a one time only clearance, liquidation or going out of business sale. GG. Logo: A name, symbol, or trademark of a company, business, or organization. HH. Menu board: A changeable copy wall or freestanding sign limited to a listing of food sold on premises, including prices. II. Monument sign: A low profile freestanding sign which may be internally or externally illuminated, erected with its base on the ground and which is designed to incorporate design and building materials which complement the architectural theme of the buildings of the premises. The base of a monument sign shall not exceed 18" in height and shall be counted as sign area. JJ. Nameplate:_ A wall mounted sign of no more than four (4) square feet identifying the building name or address, or the name of the owner of the premises. KK Nonconforming sign: A sign which complied with all applicable regulations at the time it was installed, but which is now in conflict with the provisions of this chapter. LL. Non -English language signs: Every sign larger than four (4) square feet in area, erected in connection with any business within the City and which utilizes any non-Latin/Roman letters, symbols or characters in fifty percent (50%) or more of its advertising message and in letters large enough to be 11 readable from the nearest public street, shall be considered to be a "non-English language sign". MM. Outdoor advertisina sian: A sign, including billboardsI or the sign structure on which it is to be placed, the purpose of which is to advertise products or services that are not produced, stored, or sold on the property upon which the sign or structure is located, but not including travel direction or bus/bench shelter signs in public rights -of -way. NN. Portable sian: A sign not securely attached or fixed to the ground or to a permanent structure; or upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a based, platform, or support for the sign, or to which the sign is otherwise affixed or attached. 00. Pole sian: A freestanding sign supported by one or more uprights. PP. Political sian: A temporary sign conveying a message relating to a political issue, upcoming election or ballot issue. QQ. Price sian: A sign limited to the name or identification of items or products for sale on the premises, and the price of said items or products. RR. Pro-iectinq sian: A sign which projects more than twelve (12) inches from the wall of a building and which has its display surface not parallel to such wall. SS. Real estate sign: A temporary sign indicating 12 that the premises on which the sign is located is for sale, lease or rent. TT. Real estate sign, commercial: A temporary sign indicating that the premises on which the sign is located is for sale, lease or rent. Such sign is limited to use upon commercial property. UU. Roof sign: An attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline; or a freestanding sign which is greater in height than the building it serves to identify. W. Security protection sign: A wall or a low profile freestanding sign the copy of which is limited to description of security services provided on premises and security company name. WW. Sian: Any device used for visual communication or attraction, including any announcement, declaration, demonstration, display; illustration, insignia, or symbol used to advertise or promote the interests of any person, together with all parts, materials, frame and background thereof. "Sign" and "advertising device" shall not include the following for purposes of this chapter: 1. Official notices issued by any court or public body or officer; 2. Notices posted by any public officer in performance of a public duty or by any person in giving any legal notice; 13 3. Intra-community traffic directional signs, warning or informational signs or structures required or authorized by Federal, State, County, or City authority; and 4. Displays of prices or other messages not less than 24 inches behind building windows. XX. Sian copy: Any word, letter, number, figure, design or other symbolic representation incorporated into or depicted upon a sign. YY. Sian face r The surface., or that portion of a sign that is visible from a single point as a flat surface, and considered as such, together with the frame and the background. sign. ZZ. Sian structure: Any structure which supports any AAA. Site: One or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or a part of the development application. An integrated building development shall include all parcels served by common access ways, driveway, parking and landscaping. BBB. Special event Sian: A temporary sign which conveys a message related to a civic, patriotic or religious event. CCC. Subdivision/model home sign: A sign which identifies a subdivision for sale, and which is located on the property being advertised. 14 DDD. Temporary Holiday Lightinq or Window Trimmina: Low intensity lighting consisting of continuous bulbs which may flash or blink used to commemorate a patriotic civic or religious event, or decorative trim surrounding the window. EEE. Temporary sian: Any sign displayed for a limited period of time and capable of being viewed from any public right-of-way, parking are, or neighboring property. FFF. No trespassina sian: A sign which contains the following copy only: "No trespassing." GGG. Wall sian: Any sign which is attached or erected on the exterior wall of a building including the parapet, with the display surface of the sign parallel to the building wall, and which does not project more than twelve (12) inches from the building, or project above the apparent roof or the height of the wall or parapet. HHH. Window sian: Any sign posted, placed or affixed in or on any window visible from a public right-of-way, parking lot, or neighboring property. SECTION 106. BASIC SIGN PROGRAM. The following signs may be approved by the Planning Director of his designee. No illuminated sign shall be approved in a basic sign program, except temporary holiday lighting and searchlight permits. 15 A. Permanent: 1. Wall signs for individual uses: Max. Area: 1 sq. ft. per 1 lineal foot frontage, to a maximum loo sq. ft. per use. Max. Height: Max. Number: 1 per outer wall Location: Exterior of a building with the display surface of the sign parallel to the building wall, and not projecting more than 12 inches from the building or projecting above the apparent roof or the height of the wall or parapet. Special Conditions: No permit shall be issued for a wall sign in a multi -use building or commercial center in which more than one sign is proposed without Planning Commission review and approval. Zone: Commercial 2. Canopy and awning signs: Max. Area: Limited to letters or numbers no greater than 7 inches in height designating business name or address. Max. Number: 1 per use Zone: Commercial B. Temporary: 1. Commercial Real Estate Sign: Max. Area: 24 sq. ft. Configuration: Wall or Freestanding Max. Number 1 per site Max. Freestanding Height: 6 ft. Special Conditions: Permit valid for one year after permit issuance, may be renewed. Zone: Commercial 2. Construction Sign: Max. Area: 24 sq. ft. Configuration: Wall or Freestanding Max. Number: 1 per site Max. Freestanding Height: 6 ft. special Conditions: Permit for sign issued after construction permit is issued; sign must be removed upon issuance of occupancy permit. Zone: All 3. Subdivision/Model Home Sales Signs Max. Area: 16 sq. ft. Configuration: Wall or Freestanding Max. Number: 1 per entrance Max. Freestanding Height: 4 ft. FVi sveoial Conditions: Permit valid for six months, renewable. Zone: Any 4. Grand Opening Sign: Max. Area: 16 sq. ft. Configuration: Wall or Window Max. Number: 2 per use. Special Conditions: Permit valid for 30 days Zone: Commercial 5. Liquidation Sale Sign Max. Area 16 sq. ft. Configuration: Wall or Window Max. Number: 2 per use special Conditions: Permit valid for 30 days Zone: Commercial 6. Political Signs: Max. Area: 16 sq. ft. Residential zones 24 Sq. ft. Commercial zones Configuration: Wall or Freestanding Max. Number: 2 per property Max. Freestanding Height: 4 feet residential 6 feet commercial 7. Special Event: Max. Area: 24 sq, ft. Configuration: Wall, Window or Portable Max. Number: 1 per use m Special Conditions: Must be removed within ten days following special event. Permit I ssued not more than 60 days prior to event. Zone: Commercial 8. Temporary Holiday Lighting: Max. Area: N/A Configuration: N/A Max. Number: N/A Special Conditions: Must be removed within 30 days after permit issuance. Maximum intensity of 25 watts. Trim not to exceed 7" in height or width. Zone: All 9. Temporary Searchlight Permit: Max. Area: N/A Configuration: N/A Max. Number: 1 Searchlight per property Special Conditions: A temporary searchlight permit may be used for special events such as, but not limited to, Grand Openings and Premier showings. Such permits may be granted for a maximum period of ten days. The ten days may be consecutive or may occur within a 30 day period. Permit shall be granted one time per year. Zone: Commercial BECTION 108. PLANNED SIGN PROGRAM The following signs must be approved by the Planning Commission: A. Sign illumination shall be approved subject to the following conditions: 1. No lighting shall interfere with traffic or regulatory lighting in color or intensity, nor create confusion for motorists or pedestrians in travel. 2. The intensity of lighting and the hours of operation shall be restricted for sign lighting visible from, directed toward or reflecting upon residential properties. 3. Lighting shall be consistent with existing conforming commercial and/or residential properties. B. For single use buildings with 200 feet or more of frontage, a Planned Sign Program may be approve which exceeds the maximum aggregate sign area up to a limit of 200 sq. ft., provided that: 1. No single wall sign so approved exceeds 100 sq. ft., and no freestanding sign exceeds 24 sq. ft. 2. Any two signs placed on the same frontage which taken together exceed 100 sq. ft. shall be separated by no less than one-half the length of the building frontage. C. No planned sign program shall be approved which allows any combination of signs which exceed an overall maximum of 100 sq. ft. per use, except as stated by the provisions of this ordinance. D. Standards: 1. Freestanding Monument: Max. Area: 24 sq. ft. Max. Number: 1 per frontage in excess of 99 fte for structures less than 4 stories l per frontage for structures 4 stories or greater Max. Height: 6 feet Zone* Commercial 2. Window Signs: Max. Area: 25 percent of contiguous window area Max. Number: 2 per use Zone: Commercial 3. Wall Signs for multi -use buildings or commercial centers: Max. Area: 1 sq. ft. per 1 lineal foot. Frontage to a maximum of 100 sq* ft, per street level uses plus up to 100 sq. ft, for uses not located at street level which are visible from the street, courtyard, or public parking area and which are individually accessible directly from the outside, such as along a common balcony or walkway. 21 Max. Number: 1 per use per outer wall Location: Same as Basic Sign Program Special Conditions: Sign on rear wall may exceed aggregate 100 sq. ft. maximum per use if necessary to maintain consistency of sign letters with other approved signs. Businesses with frontages less than 25 feet may be approved for sign area up to 25 sq. ft. Zone: Commercial 4. Freestanding Monuments for commercial centers: Max. Area: 72 sq. ft. Max. Height: 6 feet Max. Number: 1 sign per entrance Special Conditions: Shall not be counted toward maximum sign area otherwise permitted. Zone: - Commercial 5. Government flags over 12 sq. ft. in area or 6 ft. in height: Max. Area: Determined by Planning Commission Max. Height: 35 feet Max. Number: Determined by Planning Commission Zone: All Building I.D. Sign: Max. Area: 36 sq. ft. Max. Height: Must be mounted at a height no less than 25 ft. Max. Number: 1 per building Special Conditions: (a) Signs mounted at a building level higher than 45 feet may be no larger than 2% of the vertical exterior wall upon which the sign is located; (b) Up to 4 Building I.D. Signs may be approved for buildings when such signs are mounted at a building height greater than 75 feet, limited to one sign per building side; (c) Up to two Building I.D. Signs may be approved when signs are mounted higher than 45 ft.; (d) Building I.D. Signs larger than 36 sqs ft. may not be used on properties containing freestanding signs; (e) Building I.D. Signs shall not be counted towards maximum sign area; and (f) Building I.D. Signs are allowed only on buildings the heights of which are no less than 45 feet. Zone: Commercial 7. Civic organization Signs/Institutional Signs: a. Freestanding Monument: Max. Area: 24 sqa ft. in commercial zones 16 sq. ft. in residential zones Max. Height: 4 feet 23 Max. Number: 1 per frontage in excess of 99 feet in commercial zones 1 per frontage along public streets in excess of 200 feet of residential zones Zone: All special Conditions: Copy may be changeable. Sign must not be located within fifty feet of any residential use. b. Wall Signs: Max. Area: 1 sq. ft. sign area per 1 linear foot frontage, to a maximum of 100 sq. ft. in commercial zones. 1 sq. ft. sign area per 1 linear foot frontage, to a maximum of 50 sq. feet in residential zones. Max. Number: 1 per frontage on public streets. Zone: All special Conditions: Copy may be changeable. Must not be located within fifty feet of any residential use. S. Condominium, Subdivision or Rental Community Sign (Permanent): Max. Area: 16 sq. ft. Max. Height: 4 ft. Configuration: Wall or freestanding monument Max. Number: 1 per frontage in excess of 200 ft. Zone: All special Conditions: Must not be located within fifty feet of any residential use which is not part of the condominium project, subdivision or rental community located on the property. Height is to be measured from ground level along the base of the sign structure to the top of the sign area. 9. Attraction or Menu Board: Max. Area: 24 sq. ft. Max. Height: 6 ft. in commercial zones Configuration: Freestanding monument Max. Number: 1 per frontage along public streets in excess of 99 feet Wall Signs: Max. Area: 1 sq. ft. sign area per 1 fte frontage along a public street to a maximum of 100 sq. ft. Max. Number: 1 per use, except theatre marquees Location: Same as Basic Sign Program Special Conditions: Theatre marquees shall be determined by Planning Commission. SECTION 110. EXEMPT SIGNS A. Government required traffic and directional signs. 25 B. Official City monument signs located at City Limits. Such signs shall be submitted for an advisory architectural review by Planning Commission prior to sign installation. C. Monument signs on City park grounds or at City facilities. Such signs shall be submitted for an advisory architectural review by Planning Commission prior to sign I nstallation. D. Entrance/Exit Signs (wall or window): Area: 1 sq. ft. Configuration: Wall or window Number: 1 per entrance plus 1 per exit Special Conditions: Must be consistent in color, background and lettering of other signs on the property. E. Real Estate Signs: Area: 6 sq. ft. Height: 8 ft. Configuration: Freestanding, window (one window sign allowed per ground level lease space) Number: 1 per property Special Conditions: Removed upon sale, lease or rent of property. May not be used in conjunction with commercial real estate signs. 26 F. Nameplate/Address Sign: Area: 4 sq. ft. Configuration: Wall Number: 2 per building special Conditions: May be illuminated with lighting no greater than 25 watts. G. Hours of Operation: Area: 1 sq. ft. Configuration: Wall or window Number: 1 per use H. Incidental Sign: Area: 1 sq. ft. Configuration: Wall or window Number: 1 per use I. Security Protection: Area: 1 sq. ft. Height: 1 ft. Configuration: Wall or freestanding Number: 1 per property Special Conditions: My utilize pole uprights. J. No Trespassing Sign: Area: 2 sq. ft. Height: 2 ft. Configuration: Wall or freestanding Number: 1 per property Special Conditions: May utilize pole uprights. 27 K. Flags: Area: 12 sq. ft, per flag Height: 6 ft. Number: 2 per property Special Conditions: Must represent government body or unit and may be pole mounted. L. Warning Signs as required by Federal, State or City regulations: Area: 4 sq. ft. Height: 4 ft. Configuration: Wall or freestanding Special Conditions: May use pole uprights. M. Signs located within the interior of buildings or the interior of malls, when such signs are incapable of being viewed from the outside of said building or mall. SECTION 112. PROHIBITED SIGNS Unless expressly permitted elsewhere in this chapter, the following signs are prohibited: A. Any off premises or outdoor advertising sign or billboard placed on private property for the purpose of advertising a business not on the property upon which the sign is placed. B. Flashing, moving, pulsating, or intermittently lighted signs, electronic reader boards, time and temperatures s9gns and searchlights. C. Signs which conflict with or imitate any traffic control devices due to color, wording, design, location or illumination, or which interfere with the safe and efficient flow of vehicular and/or pedestrian traffic. D. Animals or human beings, live or simulated, designed or used so as to attract attention to the premises. E. Loudspeakers, or signs which emit sound, odor, or visible matter other than menu boards. F. Signs with mechanical movement. G. Roof signs. H. Projecting signs. I. Permanent pole signs. J. Changeable copy signs, except theatre marquees, civic organization/institutional signs and attraction boards, as specified under the provisions of this code. K. Banners, non -governmental flags, kits, pennants, balloons, or other such advertising devices or displays. L. Signs which constitute a nuisance or hazard due to such factors as location, intensity of light or.reflectivity. M. Signs which no longer identify a bona fide business conducted on the premises. Such signs shall be removed by the owner of the business or property within sixty (60) days of the business' closing date. N. Vehicle signs, trailer signs, signs affixed to automobiles, trucks, trailers, or other vehicles parked on any property within the City for the principal purpose of advertising or display. It is a prima faci violation of this section if the advertising medium utilized on the vehicle is a sign, device, or structure separate from the vehicle, or if the copy is readily changeable, and if the device or structure exceeds nine (9) square feet in area and the vehicle is parked on the street or on the business premises to which the advertising relates or in reasonable proximity thereto and the location of the advertising is reasonably calculated to direct an observer towards the business. It shall be considered that advertising was the principal purpose of the parking of the vehicle, notwithstanding the fact that the vehicle is driven to and from the business premises on a daily basis. O. Signs on any public property or projecting within the public right-of-way, except with an encroachment permit or as otherwise specified in this section. P. Price signs, except as required by law as in the case of fuel sales, or as part of menu and attraction boards. Q. Any other sign or advertising device, not expressly permitted by this division. R. Any sign continuously outlined with individual light bulbs or string of lights, except as otherwise provided by this section. S. Portable signs, unless approved as Temporary Special Event Signs, SECTION 114. NON -CONFORMING SIGNS N\1011 \SIGNORD\DB 3 0 SECTION 114. Non -conforming Signs. (A) Intent of provisions. It is the intent of this Section to recognize that the eventual elimination of existing signs that are not in conformity with the provisions of this Section is necessary to insure that the City of Diamond Bar maintains the highest level of visual esthetics and community benefits. (B) General requirements. The following requirements shall apply to all advertising displays which satisfy any of the criteria set forth hereinunder. A non -conforming advertising display shall be an advertising display which is not in conformity with the provisions of this Title. All non -conforming advertising displays may be required to be removed, without compensation, by the City if they satisfy any of the following criteria: 1. Any advertising display originally erected or installed without first complying with all ordinances and regulations in effect at the time of its construction and erection or use. 2. Any advertising display which was lawfully erected and whose use has ceased, or the structure upon which -the display has been abandoned by its owner, for a period of not less than ninety (90) days. The costs incurred in removing an abandoned display may be charged to the legal owner. Abandoned advertising displays shall mean, for purposes of this Subsection, 1 any display remaining in place or not maintained for a period of ninety (90) calendar days which no longer advertises or identifies and on -going business, product, or service available on the business premise where the display is located. 3. Any advertising display which has been more than fifty percent (50%) destroyed, and the destruction is other than facial copy replacement, and the display cannot be repaired within thirty (30) days of the date of its destruction. 4. Any advertising display whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, or expands or enlarges the building or land use upon which the advertising display is located, and the display is affected by the construction, enlargement, remodeling, or the cost of construction, enlargement, or remodeling of the advertising display exceeds fifty percent (50%) of the cost of reconstruction of the building. 5. Any advertising display whose. owner seeks relocation thereof and actually relocates the advertising display. 6. Any advertising display for which there is an agreement between the advertising display owner and the City or County, for its removal as of any specific date. 7. Any advertising display which is temporary. 8. Any advertising display which is or may become a danger to the public or is unsafe. 2 9. Any advertising display which constitutes a traffic hazard. Any on -premises advertising display which does not meet any of the above -described criteria shall be permitted to remain for fifteen (15) years from the effective date of the adoption of this ordinance. (C) New Permits. The City shall not deny, refuse to issue or condition the issuance of a business license or a permit to construct a new legal on -premises advertising display upon the removal, conformance, repair, modification or abatement of any other on -premises advertising display on the same real property where the business is to be or has been maintained if both of the following apply: 1. The other display is located within the same commercial complex which is zoned for commercial occupancy or use, but at a different business location from that for which the permit or license is sought. 2. The other display is not owned or controlled by the permit applicant, and the permit applicant is not the agent of the person who owns or controls the other display. (D) Alteration of Non-conformina Advertising Displays. During the fifteen (15) year period during which a non -conforming legally in -place, on -premises advertising display may continue to be used, the City shall not deny, refuse to issue, or condition the issuance of a permit for modification or 3 alteration to the display upon change of ownership of any existing business if the modification or alteration does not include a structural change in the display. (E) Special Circumstances; Height or Size of on -site Advertising Displays0 No on -premises advertising display shall be required to be removed on the sole inexclusive basis of its height or size if specialtopographic circumstances would result in a material impairment of visibility of the display or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the display. The owner or user may maintain the advertising display at the business premises and at a location necessary for continued public visibility at the height or size at which the display was previously erected pursuant to all applicable codes, regulations and permits. Such signs shall be deemed to be in conformance with this Title. (F) On -premises Advertising Display Abatement. The City Council may declare, by resolution, as public nuisances and abate all .illegal on -premises advertising displays located within its jurisdiction. For purposes of this Section, illegal on -premise advertising displays shall be those described in Subsection B. above. The resolution shall describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the County Assessor's map and street address, if known. Any number of parcels of private property may be included in one resolution. 1. Notice of Hearing. Prior to the adoption of the resolution by the City Council, the City Clerk shall send not less than a ten (10) days' written notice to all persons owning property described in the proposed resolution. The notice shall be mailed to each person on whom the described property is assessed on the last equalized assessment roll available on the date the notice is prepared. The notice shall state the date, time and place of the hearing and generally describe the purpose of the hearing and the nature of the illegality of the display. 2. Posting of Notice. After adoption of the resolution, the enforcement officer shall cause notices to be conspicuously posted on or in front of .the property on or in front of which the display exists. (a) Form of notice. Notice shall be substantially in the following form: NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY Notice is hereby given that on the day of 19_, the City Council of the City of Diamond Bar adopted a resolution declaring a resolution that an illegal advertising display is located on or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon the property until paid. Reference is hereby made to the resolution for further particulars. A copy of this resolution is on file in the Office of the City Clerk. All property owners having any objection to the proposed removal of the display are hereby notified to attend a meeting of the City Council of the City of Diamond Bar to be held on at a.m./p.m. at ( location ), when their objections will be heard and given due consideration. Dated this day of Title City of Diamond Bar (b) This notice shall be posted at least ten (10) days prior to the time for hearing objections by the City Council of the City of Diamond Bar. (c) Written Notice of Proposed Abatement. In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council shall direct the City Clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The Clerk shall cause the written notice to be mailed to each person on whom the described property is assessed 0 in the last equalized assessment roll available on the date the resolution was adopted by the legislative body. The City Clerk shall confirm with the County Assessor the names and addresses of all the persons owning property described in the resolution. The addresses of the owners shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice. If the County of Los Angeles poses any charges upon the City for the actual costs of furnishing the list; the City shall reimburse the County, and such costs shall be a part of the cost of abatement assessed against the property owner. The notices mailed by the City Clerk shall be mailed at least ten (10) days prior to the time for hearing objections by the City Council. The notices mailed by the Clerk shall be substantially in the form of the form of notice set forth hereinabove. (G) Hearing; Continuances; Objections; Finality of Decision; Order to Abate. At the. time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of the on�premises advertising display. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the legislative body shall allow or overrule any objections. At that time, the legislative body acquires jurisdiction to proceed and perform the work of removal. 7 The decision of the legislative body is final. If objections have not been made, or after the City Council has disposed of those made, the Council shall order the enforcement officer to abate the nuisance by having the display removed. The order shall be made by motion or resolution. (H) Entry Upon Private Property. The enforcement officer may enter private property to abate the nuisance. Costs. (I) Removal by Owner; Special Assessment and Lien for Before the enforcement officer takes action, the property owner may remove the illegal on -premises advertising display at the ownerts own cost and expense. Notwithstanding such action, in any matter in which an order to abate has been issued, the City Council may, by motion or resolution, further order that a special assessment and lien shall be limited to the costs incurred by the City in enforcing abatement upon the property, including investigation, boundary determination, measurement, clerical, and other related costs. (J) Cost of Abatement, Itemization. 1. The enforcement officer shall keep an account of the cost of abatement of an illegal on -premises advertising display in front of or on each separate parcel of property where the work is done. He or she shall submit to the City Council, for confirmation, an itemized written report showing that cost. E:3 2. A copy of the report shall be posted at least three (3) days prior to its submission to the City Council, on or near the City Council chambers door, with notice of the time of submission. 3. At the time fixed for receiving considering the report, the City Council shall hear it with any objections of the propertyowners liable to be assessed for the abatement. The City Council may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution. (K) Abatement by Contract. The nuisance may, in the sole discretion of the City Council, be abated by performance on a contract awarded by .the City Council on the basis of competitive bids let to the lowest responsible bidder. The contractor performing the contract shall keep an itemized account and submit such itemized written report for each separate parcel of property acquired by Subsection J, above. (L) Cost of Abatement; Special Assessment and Lien. 1. Cost of abatement in front of or upon each parcel of property, and the cost incurred by the City in enforcing abatement upon the parcel or parcels, including investigation, bond redetermination, measurement, clerical, and other related costs, are a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the office of the Los Angeles County Recorder. In the event any real property to which a lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide incumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by this Section shall not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the property shall be transferred to the unsecured roll for collection. 2. Upon confirmation of the report, a copy shall be given to the County Assessor and Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. 3. The City shall file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August loth of each calendar year. The description of the parcels reported shall be those used for the same parcels on the Los Angeles County Assessor's Map Books for the current year. 4. The City shall request the County Auditor to enter each assessment on the County tax roll office at the parcel of land. The City Shall further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. Any delinquencies in the l0 amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes. The City Council may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, incremental assessment of Fifty Dollars ($50.00) or more may be made in annual installments, not to exceed five (5) installments, and collected one installment at a time at the time and in the manner of ordinary municipal taxes in successive years. The amount of any delinquent installment shall be subject to the same penalties and procedures for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the City Council, but not to exceed six percent (6%) per annum. The City acknowledges that the County Tax Collector, at his or her own discretion, may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. It is acknowledged that the lien of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, collection and enforcement of County taxes apply to these special assessments. (M) Issuance of Receipts for Abatement Costs. The enforcement officer may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy 11 is given to the Assessor and Tax Collector or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. (N) Refund of Assessments. The City Council may order a refund of all or part of an assessment pursuant to this Title if it finds that all or part of the assessment has been erroneously levied. An assessment, or part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before November 1 after the assessment has become due and payable. The claim shall be verified by the person who paid the assessment or by the person's guardian, conservator, executor or administrator. L\1011 \DRDHIGN\DH 6.6 12 AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: APPLICANT/PROPERTY OWNER: BACKGROUND: 4 January 4, 1991 January 14, 1991 CUP 90-0127 Environmental Assessment and Conditional Use Permit to expand an existing mobile home park by 29 lots in two phases, for a total of 147 lots on a 19.5 Acre site. 21217 East Washington Diamond Bar Estates 303 North Placentia, Suite F Fullerton, CA 92631 This application is to complete, in two phases, components originally granted under conditional use permit (1367-1) application applied for to the County of Los Angeles in August, 1979. The original approval was ob- tained to complete a mobile home park with a maximum of 147 units (see attached conditions of approval). The permit from the County was to have been exercised prior to September, 1980, and the grant was to terminate after a 35 year duration. The application request currently before the Planning Commission is a request to complete the .grant which the County issued but the applicant failed to fully exercise within a reasonable time period. Staff reviewed the original application and! grant and determined that the present re- quest dictates additional discretionary review under current conditions. A. Surrounding Land Use and Zoning: North - Santa Fe Railroad Line; vacant land within the City of In� dustry and zoned industrial. South - R-1 single family and R-3 multiple family development. East - Vacant land within the City of Industry zoned industrial. West - Zoned M-1.5; Developed with personal storage facility. B. Site Characteristics: The site is an approximately 19.5 acre rectangular site located along the northern border of the city separated from the City of Industry on the property's northern and eastern boundaries. Currently, Planning Commission January 14, 1991 Page Two the site is developed with 118 mobile homes which comprise the improve- ments to date. The northern portion of the site, which is the location of the Phase I and II project, is currently undeveloped and serves as the water retention basin for the mobile home park. APPLICATION ANALYSIS: The current land use at this site has been in existence for approximately 10 years. During that period the mobile home park has developed to allow a capacity of 118 mobile homes. The conditions placed on the conditional use permit issued by the County have been substantially completed, al- though the grant was not exercised to its fullest extent. The findings of approval outlined within the grant are still relevant today although the intensity of the development on this site is at issue. The expansion of the project into the area currently used for the water retention basin has created concerns of whether the expansion would be an over -intensification of the site based on current conditions. The remov- al of the retention basin will create the need for some improvement to the existing drainage conditions. The improvements will need to at least maintain the current level service. These improvements will have to have the capability of exceeding the present carrying capacities since the system will be handling existing levels and also increased quantities of run-off related to the increase in non -permeable surfaces. The applicant has stated that the impacts of the rainfall runoff will be mitigated in Phase I by expanding the water retention pond in the Phase II area to the capacity that replaces the earth displaced by the Phase I construction. The discharge from the retention pond would be directed to the west across Brea Canyon Road. The drainage study states that the current capacity of the drainage culverts bisecting the railroad is oper- ating at a deficient capacity. There has not been any information sub- mitted that identifies what methods will be used subsequent to the com- pletion of Phase II and how any connections to existing facilities will be completed. It is not known whether any improvements will need approv- als from the City of Industry or the Santa Fe Railroad. RECOMMENDATION: Staff has recently been in contact with the City of Industry and issues related to runoff have been further underlined as a major concern. Due to the lack of information to adequately address these issues in detail, staff recommends the following course of action: 1. Open the public hearing and accept all testimony; and 2. Continue the public hearing until a date certain with additional in- formation provided to the staff as requested. RLS:pjs o(ztr CITY OF DIAMOND ESAR DEP,RTXENT OF PLANNING -12 The fallowing information is necessary far The review of ALL applications, Failure to furnish information will delay acTron. Attach extra sheets if necessary. Please read instrucTions carefully. RECORD OWNBRISI APPLICANT APPLICANT'S AGENT (Engineer, Licensed Surveyor, Other and P/ease indicate if engineer is also an agent! Name QkoUNMDW 0A14 f TA �S Name owNF� Name M`DEIa• 0 7 f NR&R P W4 Acaress N t1gotli1A It �Um� Address Acores$w&3 N•HACEN1lAiS011eE cty city city l`Ut1 ERToN CA z1p92��1 Phone ;114, �12-�i 5 z:a Phone e ) rpQ2�31 Pane 1114) h12-031(� (Azzae.•t s o to r iftnecessary, eluding names, addresses. and signatures of memoe.s of aar.nersn'os. ,a nt renTur , and direct Tafs of roarauoa i.)� CONSt:V �:%�n n�svamrssran a/:1)<aoP�oFarmoanymq Tit reavesr. ' S;gn ea — ilk-' Cat j: R IA!I record owners) O5.4 -1F%C.a i i • N: / n' V <rn/V under Penalty o//PrlurJ�r :ne in/drmanort .n<rern Prdwa<d :s carry_: tp 'ne Dezi aI my „ate Sign etl 4i. \ `iA pelican[ or Agen;l Location /011M Zj `K Wh%h11N(aTGN._, WALNUT ! CA �ll"T iStr <. ]eC ress dr'du:ane !r m nearest cast zvtt!) I INGGIN AVM• K/E'Ll To vl ALLEY betwr_n !St:eetl (Street) �n Zone G M Zoned District<. (Und Use, not pdsial tone! HNWFS CSI TBG R7 D 1 Assnsar 8119, 10� CT Planning Are: Cantnc: C:tv General Plan Gtegory USGS Superv�sonal O�nric: Laol Plan Gtegory (if aoPlicab!e) Local Plan Project. Si>:e (grass aces) 1'l aJ QG • Project: Denz�ty Previous Gses P-ezent Use of S C�i�gvltlewfl s�ec� at•>• - � — — � - ---_ oamee:,a Source ,� I� CamPany O„[ Wln'��t1�C VAtd�^1 WA1� DKKI ale:nad a+-e..ann Onnasa+ �NrrA�� l'. N"N; Sanitation 315[r c. C-UUI� 1 ©� LvA G� aping al clot; 'av AVai.tant7 Yes �No_ Amount !Shaw necessary grading design an site plan or tent. Mao 1 - L=GAL OESCRIPTICN (Alt ownersn n comor+sing :ne proposed lots%Prolec:) II petitioning for one cnange, attach fecal desuoolloo at exterior boundaries of area sutiec::o :ne mange, FOR LCT 2 TiZ 1ij921(4oh BZ MAP 915CCKGW INS CmK 22 Cr R or� APPRCPRIA IS EURCENS OF PROOF MUST ACCOMPANY EACH TYPE OF RECUEST — Checss each reouest applied for and complete appropriate sec:uons. PLAN AMENDMENT REQUEST Countywide•local P:an or Area Plan Land Use Mao Change' Acres From To Aces F-ism + CIner Cauntvynde (Gen Coy Housing 3+ Spec. `.tgmt.: !Aso C�ange' From To Acres am To Ace: Id en4ly Teat Changetsl :o uum r.v'oeLacal ur Area ? an ., e.+ree To[as PraleC. Units C.+rrentiv A+!owed 3v Ia1 C:Y a!an Ip+ ! ..n+ a'an !1 (al C:'a P!an Amended tat L=cal Plan Amended Torsi Proles LIMITS Perm�t:ed . plat Acres Involved 'a SERVIC_3 Existing and Proposed ASire 3 e-.deer c Acc_s+ Sh erif! ZONE CHANGE REQUEST Zane. From Ares To Acres s/ CONOI TIONAL USE P'RM�T. VAR WNCE, NONCONFORMING REVIEW, ANO OTHEa PERMITS Permit Type 1A0DIAUATDli%%) Ord. No. Prof«: sum: ±19,rp l4.1 SSnIA , Area devoted to struc:ures pen spat: - Gross Area No al Lau nevdcnoai P-olcc: and roposed density kZ.5�Ac., ^ Gross Area r, No or•Ieors Uni!s:Aces Numoe• and :Vices a+ Units 29 t&99111 NAt~ M.F1. PAGE 1N 2 rfl � •m E.1�15�. 118 SQA h Recuireo P•avidec Tara+ Redaired Re::den[�a+aarx�ng „ae . WI.tEPl �p 4G ♦=XI�XiN� —Lola: Pray des _ -- taJEa`T PAR.KlN6 36 EXt9t, fL�n 2 ^'1 PN•T. ' 36 CERTIFIED PROPERTY OWNER'S LIST AFFIDAVIT ZONING CASE NO. STATE OF CALIFOANIA I, �RT MAZ�L,(�•J ,declare under penalty of perjury, pursuant to Section 2015.5 of the Code of Civil Procedure. that the attached list contains the names and addresses of all persons who are shown on the latest available assessment roll of the County of Los Angeles as owners of the subject property and as owning property within a distance of five hundred 15001 feet from the exterior boundaries of property legally described as: POR Ld( 2. OF iIZAGi tyD 211a6 "A�i FG'2 MASS- RFu7CG'7Pi� 14i PUCK 22 1yMC 4 6F 1� R - o Ats caslst Executed at iwL•I-r'rZ�DN . Califom�a. this w� day of aUa)�,[ - 79 90 Signatur 3,8s CONDITIONAL USE PERMIT CASE -BURDEN OF PROOF SEC, 22.56,040 In addition to the information required In the application, the applicant shall substantiate to the atislaction of the Zoning Board and/or Commission, the following facts: A. That the requested use at [he location proposed will not: 1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. -M1r7 PROJECT WILL t1cn ArFEGT ANY OF -rt rr� pQTNE ITCMh l l WILL. N114N F TyE. TU-'AI. SIB 6Y lDt Av, I"flf%1 OF JrIayEKAI_ LIVi N(o AREAS AND "R-}'G f-�VELfJPMENr OF M(XC- �)SEbBLE, OFEN ZPACE WITO fjmA S� OKML FaA'�11 n IS I2AVL Er221 8. That [he proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. rl in.... k 0 - 0 C. That the proposed site is adequately served 1. By highways or streets of sulticient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. EXISTIIZ 5T91✓tiTZ AD IACaKY To AND WIT1.11N _.T1k1h vt�ul✓1� WERtElm T 10 -ME f=M TL}F CNTIRE VnNErLaPME4 WtaEN CfJM�LE'�C� .�>. City of Diamond Bar Iniffal study Form W171D I, � BAR DIAMOND BAR, CA 91765-4177 to 21660 EAST COPLEY DRIVE * SUITE 100 "Page 11 [ 707 ���..wee, Of i. Background: I. Name of.Applicant: DIAMOND 73AtZ ESTAT�� ATi N Ric44taR0 ��lfvioNlA[ 1 2. Address and Phone Number of Proponent: n Gr¢ Tnnl. i e Z5 31 -- 4. Date�of Environmental Information Submittal: 5. Date of Environmental Checklist Submittal: 6. Lead Agency (Agency Requiring Checklist): 7. Name of Proposal ff applicable ( Tract No. ff Subdivision). Kaer rtroiFtcv fir vool 8. Related Applications (under the authority of this environmental Determination; Yes No Variance: —�— conditional Use Permit: ✓ Zone Change: ..General Plan Amendment: (Attach Completed Environmental information Form) PHYLLIS Be PAPE['[ - pAUL V.HORCHER GARY H. WERNER GARY G. MILLER JOHN A. FORB[NG ROBERT L. VAN NORT Mayor . Mayor. Pro Tem Couaci[membcr CoundLnember. Couaa7memba' Gty Manager CITY OF DIAMDND BAR LSES RECYCLED PAPER Cfty of Diamond Bar Initial Study Form Page 2 II, Environmental Impacts: (ExpfaMin t/ons and addttlonal Infomratlan to supplement alt 'qes" and 'posslb/y" answers are requ/red to be submitted on attached sheets) Yes No Possibly 7. Earth. Will the proposal result in: a. Unstable earth conditions or changes in geologic substructures? VA 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. Exposure of people or property to geologic hazards such s earthquakes, landslides, mudslides, ground failure, or similar hazards? 2. Air. Wtll the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? 3. Water. Wiil the proposal result in: a. Changes in currents or the course or direction oflwater movements? b. Changes in absorption rates, drainage patterns, orthe rate and amount of surface run-off? c. Alterations of the course or flow of flood waters? d. Changes in the amount of surface water in any body of water? e. Discharge into surface waters, or in any alteration of surface water quality including but not limited to dissolved oxygen and turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? I. Exposure of people or property to water related hazards such as flooding? Cfty o/ Diamond Bar fnida/ Study Form Page 3 Yes No Possibly 4. Plant Life. WIII 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 sensftive? d. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? e. Reduction in acreage of any agricultural crop? 5. Anlmai Life. Will the proposal result in: a. Change in the diversty of species, or number of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms and insects)? b. Reduction in the numbers of any unique rare or endangered species of animals? c. Introduction of new species of animals into an area, or in a barrier to the normal migration or movement of resident species? d. Reduction in size or deterioration in qualify of existing fish or wildlife habitat? 6. Noise. Will the proposal result in: a. Significant increases in existing noise levels? b. Exposure of people to severe noise levels Light and Glare. 11YI11 the proposal result in: � a. Signiicant new light and glare or contribute significantly to existing levels of light and glare? 8. Land Use. WIII the proposal result in: a. A substantial aiterafion of the present or planned land use in an area? 9. Natural Resources. Will the proposal result in: a. An increase in the rate of use of any natural resources? tl). Risk of Upset. Wiii the proposal Involve: a to, oii�pest cides�chemicais or radiation) n theoevent often accident or Upset cond tion? � � b. Probable interference with an emergency response plan or an emergency evacuation plan? Clry of Diamond Bar Initial Study Farm Page 4 Yes 11. Population. WIII the proposal: a. Alter the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Will the proposal affect: a. Existing housing, or create a -demand for additional housing? 13. Transportation/Circulation. WIII the proposal result In: a. Generation of Substantial additional vehicular movement? b. Effects on existing parking facilities or demand for new parking? c. Substantial impact on existing transportation systems? d. Alterations to present patterns of circulation or movement of people and goods. e. Alterations to waterbome, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: 1. Fire protection? 2. Police protection? 3. Schools? 4. Parks or other recreational facilities? 5. Maintenance of public facilities, including roads? 6.Other governmental services? 75. Energy. WIII the proposal result In: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing energy sources or require the development of new sources of energy? 76. Utilities. WIII the proposal result in: a. A need for new systems, or Substantial alterations to public utilities? No /Possibly v I 0 City of Diamond Bar:nitlal Study Form Pages 5 Yes No Possibly 17. Human Health. WIII 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. Wtll the proposal resuR In: a. The obstruction of any scenic vista or view open to the public, or will the proposal result in ,/ the creation of an aesthetically offensive site open to the public view? — 79. Recreation. Will the proposal result In: a. An impact upon the qualHy or quantify of existing recreational opportunities? 20. Cultural Resources. Will the proposal result ln: a. The alteration of or the destruction of a prehistoric or historic archaeological sfte? � b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? � ; c. A physical change which would affect unique ethnic cultural values? d. Restrictions on existing religious or sacred uses within the potential impact area. C.U.P. 1367-1 MODIFICATION AUGUST 28, 1990 ENVIRONMENTAL EXPLANATIONS 1 A DISPLACEMENT AND COMPACTION OF EARTH WILL TAKE PLACE DURING GRADING OPERATIONS. 1 C THE SITE WILL BE FILLED ON THE WEST WITH THE EARTH REMOVED FROM THE EAST SIDE OF THE AREA TO BE DEVELOPED. 1 F THE EXISTING SUMP WILL BE ENLARGED TO INCREASE CAPACITY IN ORDER TO ALLOW ADDITIONAL DEVELOPMENT. 3 B ABSORPTION RATES WILL DECREASE BECAUSE OF PAVED AND COVERED AREAS. 3 F THE DIRECTION OF THE FLOW OF GROUND WATERS WILL BE DIRECTED TO THE MID -SITE INLET, WITH ITS OUTLET ON THE NORTHERLY SIDE OF THE RAILROAD. Cly o/ Diamond Bar initial Study Form Page 6 Yes No Possibly 27. Mandatory Findings of Significance? a. Does the proposed project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate or significantly reduce a plant or animal communityo reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the proposed project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c. Does the pro�osed project pose impacts which are individually limited but cumulatively considerable . d. Does the project pose environmental effects which will cause substantial adverse / effects on human beings, either directly or indirectly? ✓ III Discussion of Environmental Evaluation: (Attach Narraf/ve) IV. Determination: On the basis of this inRial evaluation: I I find that the proposed project COULD NOT have as ignificant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been incorporated into the proposed project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. I find that the proposed project MAY have a significant effect on the environment, and �n ENVIRONMENTAL IMPACT REPORT is required. Z 7( /12 Date: Signature; For the City of Diamond Bar, California TENANTS NOTIFICATION AGREEMENT Norman Murdoch Planning Director Department of Regional Planning 320 West Temple Street Los Angeles. California 90012 Case ,�lo. I understand that it is the policy of ;he Regional Planning Comm,�ss�on to require notification in wr:ting of all tenants and renters. in the vicinity of all developments review by the Commission. This notice is in addition to that sent to property owners. Where ;he site address of develooed property differs from the mailing address of any prooerty owner required to be notified. labels shall be provided for "Occupantat the site address. In the case of an apartment house, labels addressed to "Occupant" sh4il be provided for each individual dwelling unit. accept full responsibility for notifying in wn: ng all occupants of aii structures witnin the notifica- tion areas required for Property owners on my application. In the event that a public hearing is required, I agree to notify sucn tenants and -or renters at least twenty 20) days in advance of the time, place. and 1ect mar of the puolic hearing. nooi�can� s S�9�ai�re page INITIAL STWY Q[JESTIONN'_ASRE Project Applicant (Gwner): l�IaMOND 6A�—��ZTA�f� � ATT�N'. tZ.51MCNlA�1 Kane �3 N..Ft.dc.�tT1A AVER �tTE .'dress _ i� 5"(2_p�8�i --- -- - Phone 'Ju;ioer 3a Projet� Reoresent3tive: (S:AF'E' PROJECT USE) NUt-ffiER (s) GO�.RMt7Pi ENLINI"�1ZlI.Yo AT'N� P�URT MAZEIAW Name 3D3 N • ftA�-NTI A nyE _, 5U1'f� � Pddress �iJu��ToN_� cA. °�2��( �1iq')_e112-n�tz--------- — Pnone Nlawer ?ction rr.�:.>zscy' aa-' project .iescriptior.: (�AI�IPICQTiLI�I TO �ISTING_G.U.P, 131e1^I TD /fit-l.o�N • • !��ia�` _ i• a �- �.•ic _lw ! : �i ��� 5cre,c !ocaci3r. o� project: 2121"1 �ASTV�/�i�1-I11.1GToN� 1,_NAl.Nl31�CA-91=1�--_ ?-:sznt usz of s_ _ _ MOP�It ��� I�gRK � VACANT Cof�ltJD —_— �D. ?r2:'IOUs U52 Ot 5:=? Or s`:]Ct1L es.: N.Ia __ �. ?�2352 llst all JLeV LvUS C3s2s ' (:° 3n'✓; L213teC•t0 r:n1s project: COJNZ`i DP L�A. C�V-1° 3l 61^� __ I C:IE'r e13 te= �L^.11 �.�3DOL.^.Va �S CerL:red. 1. ��__=. �.� 3:� �r3ntinc agency. C.CN�jT1�,�f�J.CN �12M�'rSCllli � 5TAT6 E. ALe ycu pl3nn:� Eut::r.a pna.szs or tnis ;ro�ect? /Y/ /N/ r` yes explain: SE:E 51T� fl.AN---__---- 7. Pro jet" area• 3. NL:.:cer oL °lcors: Coverer :]_: stLUCblreS, ?e`/i:IC�: "g� 9. ?rasznt zcnlx- Landsc3uinc„ oven spacz: --- 0 G M _.,. �d���r anti sa�d��r ��-'_--• _ aw==5 . srr:__ti •s: i_ .ia-rsc - .._-_- ._ ,u...� ��-__� .__ not ._ Residential projects: L1. NuriJer end r,rr� a anits: 29_ M0�1LEiiCN1� ��`�'_W_T1�0_'�-1A�S________.---.-_--_-- 12_ sc�ooLs: wna'_ school discricc(s, '_-�=s �ae proper=.�? WL�LNtSf �lpL��_`�Gt-COI_ DID ----------- pre existix sc�iool °sciLici?s ad_yuate to ^�2`°t pr.oje� ne•�•s? /Y/ /N/ ii hoc, what pravisiors will be r..aa?e Eoc 3dr_i`ional cL=ssroms? __—______ Non -Residential orojects: '3_ �iscarc= =a neatest _s �:er.c:�: usa ac - sens:=-'Je Us2 �-C'1Ca .= :1Cs^:=i=. __` ? _—______—______—_---. 1 .:. �il:.::72- 3:'k: __CCr :___ a_ Jl._.-_:'1Cs: ___— _ ____.._—___— LJ. �il.T.>Cr �� _ :L'Vc+�s 3:'A: .�:1i :_�. —__ —__ __ ___—__—___ ?:;C1 aVe"S Jer sn' _ _. _ �Cera �:..^.G nC L'rs: — 18. ide^=:`. amr En. przuc�s _ --- - ---- .moans ..; _.sxsa_ _-- -- --- - '� �c ora-ec_ aoerar:cr.s use, scar= er crxace :,ac-r�ecs s �s r,ces suc:� as oil, pesticides, /Y/ /�'t/ � yes, expiai^: =0. �c vour aceraciars rr_;cir_ - _ pressurizes tania. It -^1- -escc or ax�tasi._ ..�_____=_s ,... .,_ _�cs�_� or,-s:-- __.: ..__.._-._ __cam_ __ ._.:�.:: _..c � - - o. ENVIROmmE—NTAL IORMA'P1UN 1. Envirorsnental Setting -- Project Site d. zrii srinC Usi:.'s=L1C t'�C2s ��AK_�N•_.cl+=���._iV—LJ_lNG_UCY����l.iJ.1L�_ �C.S=IIUv_V�_. b. Tcx;rjp:;y'si�ues G-�lt (�AIC� �LAT ji106 � :UF ----- - -- --- -- *c. v_ge�ation --—-- -- ----- --- -- ------ -- ----- - --- -- ---- --- --- -- -- *z. Water _.,,.rsas >✓iC.l 1NAC�. �J'A/ALE_��6;IzT1-Il------------------------ - ,n:storIca! r2socrc=s 2. Envircrmentai Setcinc -- Surrounding Area d. _.._sri.r., ;:szs.scr•.:c_uras i ems,-�s'-t-es); S.'FR. C�lGr7`>�VAC,dNT /RAII.NOAO ,.. Tcocgraoi�y sloces �>✓t`l�ALt_.`! f'L��_-- --- _- v-.eta cn ?Rlr�� JVi �LANDbh AiAS--- *d. ;ninals --- ----- _. lvd _er_auLs25 f. Cult.ural,'hi srorical ressourzes 3. Arz ti�ere a ; aa;cr trees on t:�e side, includi::c cat; _.ees? ,'Y/ /N/ If _es, tyre and nu-i:�r_ -- _yL1U. ri ca E .. L. .,es nct concai.. n.aeir__, __:pz B. ENVIRCNMENiAL INFORMATION (coot.) ]. •�L3d1nC: will tie projact _ I` yes, hcw �sny tdiil it be _ recu.re grading? /Y! /N c::ui_ yaris? 1�JOOG� CJi bal.anc�� on s.t=_? /Y/ /*�/ �'iSoD c( F,w If not balsnc�.i, +dicta will d_rt :� o:rt3ine:3 or deresit..... __--------_—_--- 6. Are Here any identiliabla LandsLid�cr ocle>_- -ajor geologic iazards on t;ze prooerty (including uncartacted fill)? /_t/ /N/ If yes, exrla_n:--_—_---__--__—_-- - Is tie orocerty i wi _ti � � ii��n lira iaz3r: 3Laa (!;ii lsi�es �«_:a r..�oderat=_l.i ce s,- �. veget3ticr.? /_!/ /v/`3J Distance _c neirast lit=_ rstion: _ 9. Ncise: cxisti.r.� rcise sources at si==: ADJL�C.�TS(_RAI(.-h�DAp _—____ ;verse to 'oe gener3ts by pco=ect: CONS'ft�uG'CIOf�I �Q()I$./��r-- -- 9. F:.^tes xors generated by prcjact: N�- -- _—__ --- ---- CJU:C tJX: C l'.r11e5 Je y6: �e r3 _x'' N %A -_-- cos cr ,.at ce cse;' _-- 10. What =_nergy-,=crsar•._ng ..esi, ----- ^--- --- CER'PIFICATION: I hereby certify that the statement fur shed ai:ove and in the attac'�ed exhibits present the data and info do squired for this initial evaluation to the best of my ability, a 'hat the facts, statements, and information presented are true nd � t to the bes of knowledge and belief. Date: �28�L� ' --- lCiRnat�lrel For: p�p,MpNO 3'� f�'fA� - 9. 95 c RW 3 G nNEMUNG CIVIL ENGINEERING • LAND PLANNING • SURVEYING CITY OF DIAMOND BAR NOVEMBER 13,1990 PLANNING DEPARTMENT 21660 EAST COPLEY DRIVE SUITE 100 DIAMOND BAR, CA. 91765-4177 RE: DIAMOND BAR MOBILE ESTATES -DRAINAGE ATTN: MR. ROB SEARCY ATTACHED IS A DRAINAGE STUDY OF THE MOBILE HOME PARK USING A Q-50, ANALYSIS OF THE REPORT DOES NOT SHOW ANYTHING UNUSUAL. CONDITIONS AT THE RAILROAD CULVERTS ARE THE SAME AS THEY WERE WHEN THE EXISTING PROJECT WAS CONSTRUCTED. THE LACK OF CAPACITY OF THE EXISTING CULVERT STILL EXISTS. OUR PROJECT EXPANSION DOES NOT AFFECT THE AMOUNT OF WATER TRIBUTARY TO THE RAILROAD CROSSING AT ALL. WHY? BECAUSE THE RAINFALL THAT FALLS ONTO THE PROPOSED PHASE #1 EXPANSION AREA PRESENTLY FALLS DIRECTLY ONTO THE RETENTION POND. PHASE #1 EXPANSION CONCEPT WITH REGARD TO THE RETENTION BASIN IS AS FOLLOWS. THE EXISTING POND BENEATH EXPANSION PHASE 42 WILL BE EXCAVATED TO THE DEPTH REQUIRED TO REPLACE THE VOLUME OF EARTH DISPLACED BY CONSTRUCTION OF EXPANSION PHASE #1. IT SHOULD BE NOTED THAT THE PONDING WOULD DISCHARGE TO THE WEST ACROSS BREA CANYON ROAD PRIOR TO REACHING AN ELEVATION THAT WOULD INUNDATE ANY MOBILE HOME, SINCERELY, LAWRENCE 01 MC DERMOTT �� �� EXP.12331�93 oRAncE counn OFFICE 303 N. Placentia Avenue • Suite E • Fullerton, California 92631 • 714.572-0376 FAX 714-572.0378 RAnCHO CAL(FORntA OFFICE 18075 la Ventana • Murrieta, California 92632 • 714-677-7992 Gail A. Milkey 21315 Cottonwood Lane Walnut, CA. 91789 Robert Searcy City of Diamond Bar Planning Dept 21660 East Copley Dr, Suite #190 Diamond Bar, Ca. 91765 .January 7, 1991 Dear Mr. Searcy, Reference CUP 90-0127, Application by McDermott Engineering to add additional pads to Diamond Bar Estates. I am opposed to this expansion for the following reasons: 1. When Hampton Court townhomes were completed, the owner of Diamond Bar Estates refused to complete his half of Washington Street. Relco (the developer for Hampton Court) and the County of Los Angeles had to pay for the completion of Washington and subsequently file suit against the owner of Diamond Bar Estates to recover the money. This leads me to believe the owner of Diamond Bar Estates is not responsible within the community. 2. Washington Street was resurfaced, and is swept,by the County - however, the -entire section in front of Hampton Court and Diamond Bar Estates is still not bought off by the County and does not receive these services. It is my understanding that it is a direct result of the street completion issue and the resulting lawsuit. Again, this indicates the owner of Diamond Bar Estates is not a reliable person within the community. 3. The small plots of land on both sides of Cottonwood Lane, directly in front of Hampton Court belong to the same owner as Diamond Bar Estates. This person does not maintain the property, causing an eye sore and a public nuisance. The Hampton Court Homeowners Association has had to pay to have the weeds removed each summer because of the unsightliness and the fire danger associated with the neglected property boardering the community. This demonstrates further that the owner of Diamond Bar Estates has no regard for the community as a whole. 4. The owner of Diamond Bar Estates would not even maintain the strip of land in front of his own development until forced to do so. I feel the Planning Commission should deny the request for expansion as the expansion is not in the public interest and would not serve to improve the City of Diamond Bar. This owners manner of doing business can only be a further detriment to the community. Sincerely, Gail A. Mil key K � , Please sign this form and return to: The Regional Planning . Commission, 320 W. Temple Street, Los 1ingeles� Calif. 90012 ACCEPTANCE FORM STATE OF CALIFOR2IIA ) SS COUNTY OF LOS ANGELES ) CONDITIONAL USE PERMIT CASE T7O. 1367-(1) I, the undersigned, state: I am the owner or the duly authorized repre'sentative�of the We are' owner of the real 'property described .in the above -numbered conditional use permit. I am aware of, and accept, all the stated conditions in said We are Conditional Use Permit Case No. 1367-(1) Executed this day of � 19 We certify (or declare) under the penalty .of perjury that the foregoing is true and corzgct: / \l • � � \.\ ,, � . P. NORMAN MURDOCH Plannin9 Director THEODO QE DB. °WARD Acting ePuty ROF� RDW jrecCoHAVE D FREDERICK W. jACKSON Administrative Deputy COUNNFLOS GELES R G ONAIL P ANNING DEPARTMET OF September 20, 1979 320 West Temple Street Los Angel . 974-640012 Telephone, Certified - Return Requested COMMISSIONERS OWEN H. LEWIS Chairman ROBERT J. MEEKER Vice Chairman SA )IE e. CLARK GEORGE LEFCOE CAROLYN LLEWELLYN BETTY MALCOComission Secretary to the Mr. Frank L. Fehsment Company Criterion Develop Suite 4 17722 Irvine Boulevard, Tustin, California 92680 Dear Mr. Fehse: 1367-(l) USE PERMIT CASE NO• ark with RE: CONDITIONAL 147-unit mobilehomerecreation To construct a includingvehicles appurtenant facilities, areas and guest and recreational parking arease side of East Washington the northerly of South Brea Canyon Located 650 feet easterly C-M Street, Zoned District, Zone Walnut s action of September 12rto Documents pertaining The Regional planning Comm, per mit ssion, by it 1979, granted the above -described this permit are enclosed. called to the following: Of the Your attention is the owner l� requiring acceptance by of all conditions of this permit; 1• Condition N°• rant; property Of this g pointing out limitations per following your receipt 2. Condition No. 4, p the Board the fifteen -day p be appealed to That during Miye, Executive 3• Of this letter, the decision of James 500 West Temple of Supervisors through the Hall of AdministratioThis grant will not Room 383, California 90012. passed Officer, Los Angeles, unless this period has Street, become effective ealuntil an without an app of Los Angeles, planning Commission of the County of the Zoning or (Ordinance 1494), described The Regional the following under the provisions use permit to enable grants a conditional property: Lot 2 Tract 2166, MB-22-4. 147-unit mobilehome park s and for the constr including recreation area to be used uction Of a with appurtenant facilities, Page 2 8. The Board of Supervisors and Regional Planning Commission have recently approved a mobilehome park in an industrial area as an interim use. 9. The applicants proposal meets all of the development standards in the Zoning Ordinance applicable to mobilehome parks. 10. There were no protests to this request; either written or verbal. 11. The applicant submitted a letter from the owner of the industrial parcel adjacent to the subject property on the west which stated that he did not object to the development of the mobilehome park. 12. Compliance with conditions hereinafter mentioned, will mitigate any adverse effects on the comfort and welfare of the surround- ing property owners, residences or others. 13. A Negative Declaration was prepared for Zone Change Case No. 6348-(1) wherein the proposed project was specifically con- sidered. The preparation of the initial study noted two signi- ficant effects: a. Noise and vibrations from trains traveling on tracks ad- jacent to the site; and b. Increase in traffic in the area as a result of the pro- ject. The Impact Analysis Section suggested the following mitigating measures: a. Comply with mitigation measures recommended by an acoustical engineer for attentuating train noise for review by County Health Department prior to conditional use permit approval; and b. Applicant provide�in£ormation to the County Road Department on existing and projected traffic conditions on roads ser- vicing the site. The applicant has submitted a noise analysis report prepared by Williard and Bricker, acoustical engineers, and the report has been reviewed by the Department of Health Services, The Department of Health Services recommended the following: a. That the consultants recommended mitigation measure of a 15 foot high wall be approved; and b. That all potential residents be so informed of the negative impacts of the site's railway noise. The Road Department reviewed traffic projections and determined that there would not be a significant adverse effect on traffic. CONDITIONAL USE PERMIT CASE NO. 1367-(1) Page 2 guest and recreational vehicle parking areas, subject to the attached conditions numbered 1 through 37. This permit shall be null and void unless it is used prior to September 12, 1980. Upon written request stating reasons why addi- tional time to commence is needed, the Commission may grant a one-year time extension. Such request must be received prior to September 12, 1980. The foregoing is the decision of the Regional Planning Commission on September 12, 1979, upon adoption of the attached findings. Very truly yours, DEPARTMENT OF REGIONAL PLANNING fining Director vision Chief n Division Enclosures cc: Building and Safety; Board of Supervisors; Zotting Enforcement WESTEC Services, Inc., Attn: William Foley180 E. Main St., Tustin, CA 92680 , F. L. Fehse, 12031 Newport Ave., Tustin, CA 92680 Richard Simonian, 8844 Miller Grove Ave., Santa Fe Springs, CA CONDITIONAL USE PERMIT CASE NO. 1367-(1) REGIONAL PLANNING COMMISSION HEARING DATE: August 22, 1979 PROCEDURE BEFORE THE BOARD: One person was sworn who testified in favor of the 147 space mobile - home park. FINDINGS: 1. The C-M zoning was obtained in order to allow this development on the property, due to lack of a market for industrial uses. 2. There is a demand for moderate cost housing in the area. 3. The use would permit a viable interim use which would not, in the long run, affect the use of the property for industrial uses. 4. The subject property is located within the C-M zone which was designed to conditionally accommodate the proposed use. 5. Zone Change Case No. 6348, adopted by the Board of Supervisors in August 1978 established the C-M Zoning on the property. Prior zoning was M-1 1/2 and B-l. The Regional Planning Commission held a hearing in the matter of Zoning Case No. 6348 and found the following: a. The subject property is presently an agricultural use; b. The site is transitional between the residential uses to the south and the heavy industry to the north; c. The property is shown as "Industrial" on both the 1973 General Plan and ti he new Countywide General Plan; d. The recommended zoning classification will not result in a significant environmental impact; e. The recommended change of zone is consistent with the goals, policies, and programs of the Los Angeles County General Plan; f. Establishment of the proposed zone at such location is in the interest of public health,, safety, and general welfare and in conformity with good zoning practice. 6. The subject property is within the "I" Major Industrial cate- gory on the General Plan which is suitable for mobilehome park development. 7. The subject property is within an area that will be restudied by the Planning Department for the Countywide General Plan. 14. The subject property is adjacent to and served by East Washington Street a proposed 80 foot County designated secondary highway which is of sufficient width to handle the traffic generated by this use. 15. That a Negative Declaration which complied with the California Environmental Quality Act was previously adopted for Zone Change 6348. If the proposed use is granted, there would not be a significant effect on the environment. No new impacts were noted at the public hearing. BASED ON THE FOREGOING, THE REGIONAL PLANNING COMMISSION CONCLUDES: A. The proposed site is adequate in size and shape to accommodate the yards, walls, scaping and other fences, parking development features and loading facilities, prescribed in land- the Ordi- nance in order to integrate said use with the uses in the sur- rounding area. B. Granting the proposed conditional use permit with the conditions and restrictions hereinafter mentioned will not be in substantial conflict with any general plan adopted for the area. C. The proposed site has adequate traffic access and said site is adequately served by other public or private service facilities which it requires. D. The location of the proposed land use does not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, and will not be materially det- rimental to the use, enjoyment, or valuation of property of other persons located in the vicinity of the site, and will not jeopardize, endanger,lor otherwise constitute a menace to the public health, safety or general welfare. THE COMMISSION RECOMMENDS: 1. That, in view of the findings of fact presented above, this Conditional.STse Permit be GRANTED. CONDITIONAL USE PERMIT CASE N0, 1367-(1) CONDITIONS 1.' This permit shall not be effective for any purpose until a duly authorized representative of the owner of the property involved has filed at the office of said Regional Planning Commission his affidavit stating that he is aware of, and accepts all the conditions of this permit; 2. It is hereby declared to be the intent that if any provisions of this permit is held or declared to be invalid, the permit shall be void and the privileges granted hereunder shall lapse; 3• It is further declared and made a condition of this permit that if any condition hereof is violated, or if any law, statute, or ordinance is violated, the permit shall be suspended and the privileges granted hereunder shall lapse; provided that the ap- plicant has been given written notice to cease such violations and has failed to do so for a period of thirty (30) days; 4.. That all requirements of the Zoning Ordinance and of the under- lying zoning of the subject property must be complied with, un- less set forth in the permit or shown on the approved plan; 5• That three copies of a revised plot plan, similar to that pre- sented at the public hearing and conforming to such of the following conditions as can be shown on a plan, shall be sub- mitted for approval of the Director of Planning. The property shall thereafter be developed and maintained in substantial conformance with approved plans. 6. That a maximum of 147 mobilehome spaces are permitted. 7. That the average size of each mobilehome lot shall not be less than 1,750 feet and no mobilehome lot shall have an area of less than 1200 feet. I 8. That a minimum of one (1) parking space at least nine (9) feet by twenty (20) feet in size, having clear and unobstructed ac- cess to a public thoroughfare, be provided for each mobilehome site. In addition thereto, not less than one (1) such parking space for each four (4) mobilehome sites for guest parking. All guest parking shall be dispersed throughout the park. 9• That the interior streets or driveways shall be a minimum of 26 feet in clear width, except that the entrance road shall be 1; feet in width. Post "No Parking" on all driveways. 10. That all areas used by automobiles be surfaced with concrete or asphalt. Storage areas can be other surfacing subject to Depart- ment of Planning approval. 11. That the storage area shall be enclosed by 6 foot solid masonry walls. 120 13• CONDITIONS PAGE 2 all interior streets to the satisfaction identifying a' ent shall be posted at each entrance That a map Fire Departm of the County to this park; may be indirectly or for this trailer park and limited as That signs Proposed ed, but shall be nonflashing internally light follows: n; One 20 square foot identification sig area a' exceed four square feet in signs not to of four feet; b. per s Incidentalsigns a height limit per signs .nry for each five acres; c One 24 square foot parx u�l above wall height be shielded and be adjacent residential development; That all exterior lights directed away from round; utilif the mobilehome Park of this park be placed underg o less than That shall be n The front yard ork feet and shall be landscaped• or fifteen (i5) structure, other than a fence feet of the side or rear mobilehome or accessory five (5) Commission, No mobil within modified by the wall, shall be located of unless of the mobilehome to three (3) feet. line event less between but in no of ten (10) feet be maintained That a minimum distance mobilehome unit may That only one occupy each mobilehomes; single-family site; prohibitions: used for any commercial purposes. a A mobilehome shall not be b. A mobilehome shall not sport a building* up be parked within required driveways* hall not t those uses approved c, Vehicles s uses except necessary be no commercial urtenant and d. There shall and which are ae mobilehome park• by the commission operation of the a masonry wall, set back a minima to facilitate along t for the accesswaYiine, shall be construct Such wall 21. That ex°eP the property subject property; of 15 feet from frontage of the Washington Streheight. shall be 6 feet in f � CONDITIONS PAGE 3 22. That the northeast and west boundaries of the park shall be en- closed by a 6 foot block wall; That the northerly property line abutting the railroad right-of-way shall be enclosed with a 15 foot high "sound wall" as per Health Department standards. 23. That prior to issuance of a building permit, 3 copies of a landscaping plan indicating treatment of the front setback as well as interior landscaping including at least one tree for each mobilehome site, shall be submitted for approval of the Director of Planning. Size, type, and location of plantings, and of sprinklers and/or hose bibs shall also be indicated. This plan may be incorporated into the revised plot plan. The approved landscaping shall be continuously maintained and tended. Trees used to landscape the Washington Street frontage shall be 10 feet high at time of installation. 24. That a minimum of five (5) per cent of the total area of the park shall be landscaped, including the landscaping of parking lots required by Section 703.23; 25. That recreational facilities shall be limited to tenants and their guests; 26. That in the rental agreements between prospective tenants and the management, the prospective tenants shall be informed of the fact that the property abuts a railroad right-of-way, which is used daily by a number of trains. The interior side of the 15 foot "sound wall" shall also be posted in readily visible locations indicating the fact that the railroad right-of-way abuts the northerly property line of the park; 27. That provisions be made for all natural drainage. All drainage plans shall be submitted to the County Engineer, Environmental Development Division, for approval prior to construction; 28. That all structures conform with the requirements of the Division of Building and Safety of the Department of County Engineer, 29. That prior to construction applicant shall confer with the Re- search and Planning Division of the Department of Forester and Fire Warden to determine facilities that may be necessary to protect the property from fire hazard. Such facilities may include water mains, fire hydrants and fire flow which, prior to occupancy of any trailer, shall be provided as may be re- quired by said department; 30. That the emergency fire exits and access to the alley shall be constructed subject to approval of the Forester and Fire Warden. 31. That adequate water and sanitary facilities be provided in ac- cordance with requirements of the Los Angeles County Health Department. This condition does not permit a sewage treatment plant; CONDITIONS PAGE 4 32. That location of the accessways shall be subject to approval, for traffic safety, by the Los Angeles County.Road Department; 33• That all land within 40 ft. of the proposed centerline of East Washington Street shall be offered free of charge to the County of Los Angeles to provide the necessary widening for this high- way; applicant shall provide such improvements as may be re- quired by the Road Commissioner, which includes construction of curb, gutter, full width walk, base pavement , drainage and street lights; 34. That if the site is developed in phases, all the recreation areas shall be provided in the first phase; 35. That applicant may have five years from date of Regional Planning Commission approval to complete all construction in- dicated on the approved plans; 36. That this permit shall expire 35 years from date of Regional Planning Commission approval. 37. That unless this grant is used (i.e. construction started) within one year from the date of grant by the Regional Planning Commission, the grant will expire. (A one year time extension may be requested prior to the expiration date of this first year). RR:WLM:mh (v) All legal prerequisites to the adoption of this Resolu- tion have occurred. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. Based upon substantial evidence presented to this Com- mission during the above -referenced January 14, 1991 public hearing, and oral testimony provided at the hear- ing, this Commission hereby specifically finds as fol- lows: (a) The Application applies to property presently zoned R-1-8000 located east of Diamond Bar Blvd, north and west of Clear Creek Canyon Drive, in the City of Diamond Bar, California, and consists of approximately .55 acres of land; (b) The property to the north, east, south, and west of the subject site is zoned R-1-8000 and is de- veloped with medium density single family residen- tial development. (c) The property is depicted within the Community Plan as U2, low to medium density residential develop- ment (3.3 to 6.0); (d) The Application requests permission to expand an existing small adult residential care facility to a large adult care facility capable of caring for a maximum of 24 residents; (e) The development as contemplated in the Application will contradict the goals and objectives of the proposed general plan, will not be compatible with the uses in the immediate vicinity of the subject site, and will promote a detrimental condition to persons or property in the immediate vicinity of the subject site. More specifically, the Applica- tion will not be appropriate to the proposed loca- tion for the reasons as follows: (i) The requested development of the site will increase the current development intensity on the site; The development of the site would create un- desirable traffic patterns in an area cur- rently developed by medium density residen- tial development; (iii) The development would create a visual impair- ment to the existing residential develop- ments; (iv) The development would cause sound to magni- fied to undesirable levels within the exist- ing residential development; (v) The proposed project is likely to have detri- mental impacts on property values of in the general vicinity; (vi) The site is inadequate in size and shape to accommodate the proposed expansion and the necessary improvements associated with the expansion. 3. Based upon the substantial evidence and conclusions set forth herein above, presented to the Commission on Janu- ary 14, 1991 public hearing as set forth above, this Commission, in conformance with the terms and provisions of California Government Code Section 65360, hereby finds and concludes follows: (a) There is a reasonable probability that the Condi- tional Use Permit will be inconsistent with the proposed general plan; (b) There is substantial probability that the develop- ment will be of substantial detriment to, or in- terfere with, the future adopted general plan for the area of the subject site; and (c) The use proposed in the application will not com- ply with all other applicable requirements of State law and local ordinances. 4. Based upon the substantial evidence presented to the Commission during the above -referenced January 14, 1991 public hearing, and upon the specific findings of fact set forth in paragraphs 1, 2 and 3, above, this Commis- sion hereby finds and concludes as follows: a. The site for the proposed ty is not located in an this development. 3 large adult care £acili- area.adequate to possess b. The site is located in an area that can not pos- sess this development and remain compatible to surrounding uses without negatively impacting these property owners; c. The proposed use will have a substantial adverse effect on abutting property, or the permitted uses thereof, resulting in the generation of excessive noise, vibration, traffic and other disturbances; and d. The proposed use is not consistent with the goals, policies, standards, and maps of the Development Code or the proposed General Plan. 5. Based upon the findings and conclusions set forth in paragraphs 1, 21 3, and 4, above, this Commission hereby recommends denial of the Application. The Planning Commission hereby provides notice to Tarun and Smita Sanghvi that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of the Cal- ifornia Code of Civil Procedure Section 1094.6 7. `The Planning Commission Secretary is hereby directed (a) to certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Tarun and Smita Sanghvi at the address listed in the records of the city. ADOPTED AND APPROVED this 14th day of January, 1991. I, James De Stefano, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Res- olution was passed, adopted and approved at a regular meeting of the Planning Commission of the City of Diamond Bar held on the day of , 1991, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONERS: ATTEST• Secretary to the City of Diamond Bar Planning Commission AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: APPLICANT/PROPERTY OWNER: BACKGROUND: 5 January 2, 1991 January 14, 1991 CUP 90-0117 A request for a Conditional Use Permit to expand an existing adult care facili- ty in a renovated single family residen- ce located in a residential neighbor- hood. The expansion will allow an in- crease from the current six residents up to a maximum of twenty-four residents. 1000 Park Spring Lane Tarun & Smita Sanghvi 963 Dare Court Diamond Bar, CA Applicant requests a conditional use permit to expand an existing adult (age 62 and older) care facility beyond the current six (6) resident oc- cupancy. The applicant requests to expand from a three (3) bedroom to 15 bedroom facility operated by three (3) day shift and two (2) night shift employees. EXISTING PROPOSED Structure 2150 Square Feet 6,210 Square Feet Bedrooms 3 15 Occupants 6 24 Employees Parking 1 2 3 8 Signage None None The site is a key shaped flag lot approximately one half acre in size. The lot is situated at the midpoint of the radius on the cul-de-sac upon which it is located. The main portion of the site is served by a shrub lined 105 feet long 20 feet wide driveway. An embankment where parking is planned frames the eastern side of the driveway. The 2150 square foot Planning Commission Agenda January 14, 1991 Page Two residence is situated at the front central portion of the lot and com- prises approximately nine percent of the gross area. Approximately 60 percent of the site is open space which can be utilized for recreational purposes. The pad area of the site is bordered on the east and south by landscaped slopes. To the west, the lot overlooks the rolling hills of the City of Industry. The adjacent residences are perched above the site to the east and south. The site has a wrought iron fence around the interior proper- ty line. The site is zoned R-1 8,000; Single Family Residential, Developed with a converted residence currently providing convalescent care. Community Plan Designation: U2 3.3 to 6.0 dwelling units per gross acre, urban low density residential, single family detached dwellings. North, South, East, and West: Zone R-1-8,000; Single Family Residential, Developed with single family residences on all sides. Community Plan De- signation: U2 3.3 to 6.0 dwelling units. APPLICATION ANALYSIS: The proposed project seeks to expand the existing use from a three bed- room to a 15 bedroom facility. The applicant can, under state law and right of zone, operate an adult care facility without special review or permits when six or less residents reside on the premises. The expansion however requires that prior to state licensing, local approval for the expanded use must be secured. The State Department of Health Services restricts these facilities from locating within 300 feet of each other exclusive of any local regulations. The current use has not required an expansion of the existing structure. The proposed use will require an addition of 4050 square feet which will provide for a total of 6210 square feet and 15 rooms with double occu- pancy capabilities. The structure would remain a single story structure with the architecture remaining consistent with the current overall theme. The applicant states that the planned occupancy will not exceed 24 residents and the staffing for the facility will not exceed three em- ployees per shift. The total lot coverage ratio for the project site after the proposed ad- dition will be approximately twenty-six percent (26%). All zone required setbacks (front-20 ft; rear-15 ft; side yard-5 ft & 10 ft) will be main- tained. Landscaping and open space will comprise over three quarters of the site and ranges from landscaped slopes to landscaped pad areas that can be utilized for recreation. Currently two parking spaces are provid- ed and the applicant proposes the addition of three new spaces with the ability to expand to another four parking spaces if needed. The appli- cant states that residents will not have personal vehicles and therefore parking is provided for visitors and employees only. Planning Commission Agenda January 14, 1991 Page Three Access to the project site will remain unchanged. The site will continue to be served by a single lane driveway approximately 20 ft in width. The driveway length is approximately 105 feet. Parking is planned to be cre- ated along the eastern elevation in what is currently an embankment sup- porting the adjacent neighbor's yard. Providing the parking places at this location could prove to be prohibitive because of the required back- up area and the necessary improvements such as a retaining wall in excess of six (6) feet. This facility is created for residents of at least 62 years o£ age and require custodial care at an intermediate level. These residents are not able to drive a car. The residents are elderly persons who require as- sistance in providing basic services in their own daily care. Concerns: Staff has identified as a major concern compatibility with adjacent gle family residences. In addition to this concern are the issues relat- ed to appropriateness of use and aesthetics related to the alterations as proposed. In a residehtial neighborhood there are various uses that are not strict- ly residential uses but can be appropriate compatible accessory uses. By state law and right of zone small residential care facilities are deemed to be a compatible form of residential use within a residential zone. The threshold has been delineated to be six persons before discretionary re- view is required. The major points to analyze are the type of residen- tial. care facility proposed, the level of assiduous care required, and the size of the facility. Facility Type/Level of Service The proposed nonresident operated facility is tailored to intermediate care residents who are home bound. The residents are seniors that range in age from 62 and older. The residents may be ambulatory but do not drive. The care for the residents is not critical care in nature and basically provides assistance in areas they may have deficiencies in providing for themselves. The total staff required for the facility is projected to be three employees during the day shift; two employees for the night shift. Facility Size The facility is currently compatible in size with adjacent residences. The addition to the existing structure will triple the current square footage and increase the facility size beyond that of surrounding resi- dences. The occupancy of the facility will have the potential to exceed the normal occupancy of the surrounding residences and thereby deviate from the existing character of the neighborhood. Planning Commission Agenda January 14, 1991 Page Four This size of the residential care facility is a significant intensifica- tion beyond the surrounding land uses as well as the existing on -site use. The traffic generated from the site is likely to increase over the current number of trips. The trips generated on a daily basis can be projected to increase because of the additional number of residents and staff which will be occupying the residence. Most of these trips will be generated as a result of maintenance, health care services, daily shift changes, and trips related to guest visits. The exact impact of the trips generated is not quantifiable at this point although there will be a measurable impact when the current use would intensify. Location In applying standards that other jurisdictions have incorporated and that the State Department of Health Services utilize for small residential care facilities, the use is allowed as -a right of zone within the single family residential zone. The expanded use does, however, fall within the discretionary action of local governing bodies. In most jurisdictions the standard for location of large residential care facilities is not within single family residential zones. These larger facilities are de- signated for location within multiple family and transitional zones. The reason for this location determination is based on the intensity of use for the subject sites and the possible traffic generated by the use. The parking standards vary from city to city but usually provide one par- king space per employee and one space per four residents based on maximum occupancy. For this project that would dictate nine parking stalls where- as eight seems to be maximum available along the eastern elevation of the - site. on street parking at the site is prohibitive due to the site's lo- cation on the cul-de-sac and the limited frontage (24 feet) it shares with adjacent residences. Public Hearing Notice I The notice of public hearing has been published in the Inland Valley Dai- ly Bulletin and the San Gabriel Tribune. Findings of Fact: 1. The requested -use at the location proposed will: (a) Adversely affect the health, peace, comfort or welfare of per- sons residing or working in the surrounding area, and (b) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, and (c) Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare; and } Planning Commission Agenda January 14, 1991 Page Five Because of the strong potential for decrease in property values of properties in proximity to the subject site associated with their location to the proposed use, noise generated by the 24 residents utilizing the recreation area to the rear of the site, and the increase in the potential for accidents that could affect surrounding properties as a result of the increase in the number of residents; 2. That the proposed site is not adequate in size and shape to accommodate the yards, walls, fences, parking and loading fa- cilities, landscaping and other development features prescribed in this title, or as is otherwise required in order to inte- grate said use with the uses intthe surrounding area; and, Because of the configuration of the site, it is inadequate in size to provide adequate parking and backup area and an emer- gency access that would exceed the minimum fire department re- quirements; 3. That the proposed site is not adequately served: (a) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and (b) By other public or private service facilities as required. Because the site is located on a cul-de-sac, the site will not be able to adequately handle the impacts of the increased traf- fic generated by the intensification of the existing land use. RECOMMENDATSONS: I Staff recommends that the Planning Commission adopt the attached resolu- tion of denial based on the findings as presented above. Attachments: \pjs 1 RESOLUTION NO. PC 90- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING CONDITIONAL USE PERMIT 90-1171 AN APPLICATION FOR A LARGE ADULT RESIDENTIAL CARE FACILITY WITH A MAXIMUM OF 24 RESIDENTS AT A SITE LOCATED AT 1000 PARR SPRING LANE, EAST OF DIAMOND BAR BLVD, NORTH AND WEST OF CLEAR CREEK CANYON DRIVE, IN THE CITY OF DIAMOND BAR, CALIFORNIA, MAKING FIND- INGS IN SUPPORT THEREOF. A. Recitals. (i) Tarun and Smita Sanghvi, 963 Dare Court, Diamond Bar, Ca., have filed a Conditional Use Permit to expand an existing small adult (six residents or less) residential care facility to a large adult (24 residents) residen- tial care facility located at 1000 Park Spring Lane, as described in the title of this resolution. Hereinafter in this Resolution, the subject Conditional Use Permit application is referred to as "the Application." On April 18, 1989, the City of Diamond Bar was estab- lished as a duly organized municipal corporation of the State of California. On said date, pursuant to the re- quirements of the California Government Code Section 57376, the City Council of the City of Diamond Bar adop- ted it 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 An- geles now currently applicable to development applica- tions, including the subject Application, within the City of Diamond Bar. (iii) Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, ac- tion was taken on the subject Application, as to consis- tency to the General Plan, pursuant to the terms and provisions of California Government Code Section 653600 (iv) The Planning Commission of the City of Diamond Bar, on January 14, 1991, conducted a duly noticed public hear- ing on said Application and concluded said public hear- ing on that date. (v) All legal prerequisites to the adoption of this Resolu- tion have occurred. 3 Be Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Com- mission during the above -referenced January 14, 1991 public hearing, and oral testimony provided at the hear- ing, this Commission hereby specifically finds as fol- lows: (a) The Application applies to property presently zoned R-1-8000 located east of Diamond Bar Blvd, north and west of Clear Creek Canyon Drive, in the City of Diamond Bar, California, and consists of approximately .55 acres of land; (b) The property to the north, east, south, and west of the subject site is zoned R-1-8000 and is de- veloped with medium density single family residen- tial development. (c) The property is depicted within the Community Plan as U2, low to medium density residential develop- ment (3.3 to 6.0); (d) The Application requests permission to expand an existing small adult residential care facility to a large adult care facility capable of caring for a maximum of 24 residents; (e) The development as contemplated in the Application will contradict the goals and objectives of the proposed general plan, will not be compatible with the uses in, the immediate vicinity of the subject site, and will promote a detrimental condition to persons or property in the immediate vicinity of the subject site. More specifically, the Applica- tion will not be appropriate to the proposed loca- tion for the reasons as follows: (i) The requested development of the site will increase the current development intensity on the site; (ii) The development of the site would create un- desirable traffic patterns in an area cur- rently developed by medium density residen- tial development; `a The development would create a visual impair- ment to the existing residential develop- ments; (iv) The development would cause sound to magni- fied to undesirable levels within the exist- ing residential development; (v) The proposed project is likely to have detri- mental impacts on property values of in the general vicinity; (vi) The site is inadequate in size and shape to accommodate the proposed expansion and the necessary improvements associated with the expansion. 3. Based upon the substantial evidence and conclusions set forth herein above, presented to the Commission on Janu- ary 14, 1991 public hearing as set forth above, this Commission, in conformance, with the terms and provisions of California Government Code Section 65360, hereby finds and concludes follows: (a) There is a reasonable probability that the Condi- tional Use Permit will be inconsistent with the proposed general plan; (b) There is substantial probability that the develop- ment will be of substantial detriment to, or in- terfere with, the future adopted general plan for the area of the subject site; and (c) The use proposed in the application will not com- ply with all other applicable requirements of State law and local ordinances. 4. Based upon the substantial evidence presented to the Commission during the above -referenced January 14, 1991 public hearing, and upon the specific findings of fact set forth in paragraphs 1, 2 and 3, above, this Commis- sion hereby finds and concludes as follows: a. The site for the proposed large adult care facili- ty is not located in an area adequate to accommo- date this development. b. The site is located in an area that can not accom- modate this development and remain compatible to surrounding uses without negatively impacting these property owners; c. The proposed use will have a substantial adverse effect on abutting property, or the permitted uses thereof, resulting in the generation of excessive noise, vibration, traffic/other disturbances; and 3 d. The proposed use is not consistent with the goals, policies, standards, and maps of the Development Code or the proposed General Plan. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4, above, this Commission hereby denies of the Application. 6. The Planning Commission hereby provides notice to Tarun and Smita Sanghvi that the time within which judicial review of the decision represented by this Resolution must be sought is governed by the provisions of the Cal- ifornia Code of Civil Procedure Section 1094.6 7. The Planning Commission Secretary is hereby directed (a) to certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Tarun and Smita Sanghvi at the address listed in the records of the city. ADOPTED AND APPROVED this 14th day of January, 1991. I, James De Stefano, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Res- olution was passed, adopted and approved at a regular meeting of the Planning Commission of the City of Diamond Bar held on the day of 1991, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONERS: ATTEST: Secretary to the City of Diamond Bar Planning Commission CITY Oc DIA`fOND hail DEPARTMENT OF PLANNING The following iniormabdd is necessary for ine rewew al ALL ao P!ionons. Failure ;o !urmsn infdrma[idn will tleby avian, Aiiach extra sheets it necessary. Please read instru Cons carefully, R ECORO OWNER(SI APPLICANT APPL!CANT'S AGENT (E.ngmr_r. Licensed Sury for. Other and P/ease ;na;care it engineer it also an agen.. NA�uN SN!TH Name TA2UN sN!TR Name ame _ 5a GHv( SAN fiv( adore:: IDob PHRie SPR!NG l Nddre:s �6� �' eT Accress C:[v D R Fl 2 Cxv D ' /3 is tZv ct', _ lP 9!?6S P,one!7/tfig6o•GSS8 z:P 5 17 6SarhoneDry!4G(•4a41R'<.a_ Z Phone ( ! if neeesey, I Cm udq namen. aetlr<:ses, and s�gnat tries 31 mcr..o eft of Partn e.sn�os. ;o nt dentures, and lA;:ae. uoar atc s _. v mrecdrs of caroarandmJ CONScN�: l Can.ten; :d SVCmrssdOn al:Ae JPPIiCJr:dn XCPmdanY�ng MIS rCues:. �L" ( cat. ,qne (All record owner:! [=.i'lFi C,1 —rCN: l nmePY c_r: dlY under Penally of Prlury :.nor ;ne •nlormafean nereen .rdwarc' :t Mrrr_; la ;ne Ceii Pl mY knawieeSe a".put� / 2v�'7O Sgnea �•/VJ lX `<�PP:� n[tor n[ : Agenu •Jal. Location IOoO Pt-)1 1- SPh21NG L�N�, 7!FMON� (3Fl2 CH 9tJ6S (Street Address or distance from nearest _ess .tree.: he:ween �(�1r`toNZ 2)R2 13L�j/J and 2 A NAD H (street) $uee:1 m Zone (Land use. not Postal tone! 3 -3 TBG"A � A:s";Al-Oo6-Slol-a16 �4c_ HNM/F$ C51 � -- USGS Planning Area Gncraei Gtv !�I A MoND I� FtR $ucervuonal G�tiri<:_ -- General Plan G[egory Deal Plan Gte9orV (it aoPlioo!el LPc:I Plan _ �. Pre;eP: pens�[v Proiee Size ;grass acresl a D nv Oistiic: lLJr-�'-�Ytt,t.ly ,.., liv Gmpa Domestic water Sdutce i�7,SV . Me:noa at Se..aor Onnasat Sanitation Ontr,e: / Go acing of Lot, OVAa a iie]nt? Yes _ No _ Amount !Snow necessary gi admg design on site plan a Wit. Mao 1 +LEGAL DESCRIPTION (All ov.nersnin comprising :tie Prenased !au:Proiec:f It petitioning for zone change, artach Iecal anutiution of eateriat boundaries Of area suhiec: to ine change. - TSC�c(c # 33ik7 Ccr t s3 (10,p bccic, Cr lipnCCJ APPROPRIATE BUR GE NS OF PRCCF MUST ACCOMPAYY. EACH TYPE CF RECU EST — C+eck each reaues2 acalled for and complete 200"IM are seatians. PLAN AMENDMENT REQUEST Cauntywce•lac]t Plan or Area Plan Land Use Mato Change: F•em To Acres From To Acres Ctner Cauntv-.vide IGen GeV Housing 3 Saee. "'Ins'. !A ad :..l ange' Om To Acres From To Acre% Identity Teat Cnangefsl :a Caunt'awice•! ac]i Or Area Plan 0euree Tatra Prater Units Currently Acawea 3y lal C:v P!an fatal Pratee. Units Permit:ea :f lal C:'J Plan Amended _ Tatra Aces invaiaed: :at SeRv!CES existing and P•opofea ,ads S E:ecne __ueation Ar_sss _ Sheriff ZONE CHANGE REQUEST Zone: From Ares Ta Ibi l.aol P'an t0i Lpear Plan Amended !bt CONOt TIONAL USE P`_RMIT, VARIANCE, NONCONFORMING REVIEW, AND OTHER PERMITS Permit Tree cc) cad aoAan � rAa6 FR6' Did- No, Prated: Site: 20 qSO . Fr Q^fE Area aevdma to strtiaure: d .Paden Smee 12750 FT. Grass Atria Nc of Ldts and ONE Prpaaseddenvw Rrs,acntial P-olee: Na o+!loan UmtslAces Grass Atria _ .- Numoe• and :voes of Units �N.) t (n 0..Vy 'n t::aential °v+ Tsce Reduirea P•ovidec TJtai Recvirec iota: P,Ovlced CERTIFIED PROPERTY OWNER'S LIST AFFIDAVIT 20NING CASE NO. STATE OF CALIFOf1NIA I, t2M t Y& `a.t\r w K W T tleclare unoer penalty of Section 2015.5 of the Code of Civil Procedure, that the attached list contains the names and perjury, pursuant to addresses of all persons who are shown on the latest available assessment roll of the County of Los Angeles as owners of the subject property and as owning property within a distance of five hundred (5001 feet from the exterior boundaries of property legally described as: Lo-( 53 of -TRA-c7 nto '�31ffzi .4S PFR r"A(' �oo� hR� GAGES 73 ro 76 nrcf LsryF t or n�APs >�� orrice- of THE Couti'rY QF 5�4fn <aUNTY� (nMt4S �000 SeR(NCn LAntEy D(Am oNi) r3A2 Executed at �J r•u-�ti'=' ��-� 1 �U "` California, this F;- ( 4 day ofmil\,. ,�.��•. • 19 y Signature i CONDITIONAL USE PERMIT CASE -BURDEN OF PROOF SEC. 22,56,040 In addition to the Information required in the application, the applicant shall substantiate to the satisfaction of the Zoning Board and/or Commission, the following facts: A. That the. requested use at the location proposed will not: 1. Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area, or 2. " Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3, Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. B. That the proposed site is adequate in size and shape to accommodate the yards, walls, lances, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. I C, That the proposed site is adequately served: 1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. CONDITIONAL USE PERMIT CASE -BURDEN OF PROOF This request is to grant conditional use permit to house more senior citizens in the residential environment. To provide comfortable environment to the elderly, this request includes additional construction to the existing building. A. 1. As we all know, most of the senior citizens are very quiet. Their activities are confined to limited area around the home because of their ability to move or walk. Their interest include playing bingo, exercise, play games and soft music. It should not disturb any neibours. 2. The location of the project site is very private because it is at the end of the cul-de-sac'.. It is a flag lot. It has a long driveway to get to.the house ..-Just,,by the nature of its location, itis difficult to notice t y stance of the house from the end of the driveway or st eet Both neibours at, sntrance to the driveway can not see anything till they,"wak`up half of the driveway. Two neibours above the slope can see the house and residents from their backyard, but both are about 30 to 50 feet above the slope. It will not be materially detrimental to use or enjoy in the nearby vicinity and it will not affect the value of the property negatively. 3. All residents are coming to the board and care for their comfortable and quiet living environment. They themselves want peaceful and quiet surrounding._ There will not be any activity that will endanger or jeopardize the public health, safety or general welfare. In fact, for the additional residents in the facility, the licensing procedure requires us to install the fire sprinkler in the new structure. Ic' Landscaping: As you can sze from the project_ plan that the addition to the existing home will still preserve�4300 sq.ft. of landscaping area where seniors enjoy beautiful view of the mountains and city light. Wall: The retaining wall will be build to support hillslope. Fenses: The property boundry is secured properly by the appropriate fense. The property is surrounded by block wall and rod iron fenses. Parking: The carport is provided for 3 car parking and open space on the driveway provides additional 4 car parking. The parking is used mainly by the employee and family members. The elderly in the facility rarely uses their own car. Loading facility: It is not required for loading and unloading from the truck since most of the purchase is handled thru car. The proposed use of the propety is for the seniors. However, most of the seniors .that come to the board and care do not drive their own car. Sometimes, they are not able to go the senior citizen club or to their own home. So family members take their loved ones for an outing. The number of visit by the family member varies from one family to other. The average number of visit per guest is twice a month. Therefore, this permit does not require any addition or improvement to the existing street, highway and public or private service facilities. City of Diamond Bar, Planning Department. Dear Rob, TARUPT & SMITA SAMGHVI 963 Dare Court, Diamond Bar, Ca. 91765 December 4, 1990. CUP - 1000 Park Spring Lr.., Diamond Bar �s we discussed on the phone, I am currently managing 5 bed Board and Care home at the above mentioned location. I a:n requesting for more than 6 bed facility. Therefore, I have applied for the CJP. 1-]e have planned for 15 bedrooms. The capacity for the facility can be ranged from 15 to 24 residents because some residents prefer private room and some prefer semi -private. To provide proper care to the elderly residents, I anticipate and plan for 3 employees working during the day shift and 2 employee during the night shift. I would like to explain the type of service that I pro•:ide right now and what I intend to provide in the future. I provide custodial and personal care services to thc- elderly residents at the intermediate level. Larger retirement homes are appropriate fcr independent seniors and when they need more personal care and supervision, but do not need nursing care, then they would lilce to be in board and Cart homes that provide custodial services. I provide that level of serivices. Most of the family members and seniors prefere home environment than institution enviroment like a nursing homes. At this level, seniors -need assistance in daily care and are not capable of driving a car... From my 5 years of experience, I never ha3 an elderly resident who was driving a car. If he or she can drive a car, our environment is not suitable for his or her long term stay. I hope I explained about the proposed services. But if you have any question, please call me at 714-861-4238. �� :7 U � ���; 'l C. � Y � - /il � ��� INITIAL STUDY QUESTIONNAIRE err i � • -. • Project Applicant (Owner): TrAauN e—'SMIrtA S�tyGNVF Name, Io0"0 PARI< SPPIE' fi "'VE -- Address -��=� Pi'ione 'limber Proje Reft oresent3tive: (STAFF PROJECT USE) N MER (s) : �MITA SRn��+HV-T Name �I E"R Z1CoopT Address I AmantJ _�A(�, c�} qI?6S Pnone Numoer .. Action requester an-' project .iescription: (�(�T�N P�"2/N�S�Q^) 7a � RATE RoARD �}rJ17 Gf)Rt I-(aUSE aYZ EL��RLY. T1 s woWD Rllyu�RE (�EMoD6cn1A QF Exs>NG Harv, _. Stre,t lxatior. of pccject: (000 PfIR{� 5PRIn1(n L/ar%E1— �I�iMoN�-flit--- 3a. ?rse.^.t use of s._ �oARD AWb G(aRl FoR Si>c `c pELy. — 3b_ Previous use of s:te or structures: (ZES NY (A 4_ Please list 311 ore•:icus cases anvl rel3ted'tr1 t7!s pro�eCt: !'fO�t _ Stier relate per:lit.apprcvais recurred_ L GENSE FoR L3of1R� AND ��r`t' �OYp'n/ Scec.fy c:pe ar)= granting acency. GoMMUMIY CA&E LtLENS)r%) DIVI tO/V. 6. 4re ycu pl3nnrng fut::re pnasas of this project? /Y/ �` yes espia_n: 7. Project area: Covered by structures, ?avmg: (200 F-r. Landscaping,; open space: FI f2J Fit sir..__ o<_., . __. 3. Nty..oer of °icons: O�'C SyodtY 9. Present zcninc ft Y: ./N/ Ju7_... oC.. __; .._ not Y: ./N/ Ju7_... oC.. __; .._ not Ju7_... oC.. __; .._ not Residential projects: 11. Nur:JeL anr. t' r_ of unitsc ------ - --- -- - 13. Schoois: What school 3istrict( �__ _s the property? �/J�LNVn ---SUto_o�—�iS RIGT----- Ara existing scc'Col facilitzas ad quate to meet If not, what provisions will be male for adri _zonal classroacs? Non -Residential projects: ,? Distance _C ❑es rest ces:re.^.t:;: se oc s2ns cJe`Use lscnco: 10spit3i,----------- 1;,,Cf nos: 15. Ns�er Cf e^..piovees 3tnd sniffs: TFtR��- L-MPloYEES---------- 15. =claVeges ;Der Ocec3ti.^.c hcurs: 4 Ho1�R5 — S t2 nLx:uC _5 "2 Rs a. �C CLC"2•__ �Cer3 __Ohs ;:s2, stCLe CC CL CC :1Ce-:;a C3 LCCl' st3RCE5 s:3Cn as Oli , Oestl C:Ces� 3n`! OL?S�uL iZe!= taR1C�? /Y/ /N/ If yes, 2Xp13:n: E ZO. JC VOl1L CC�>r3 tiCns .s::== - — -- /Y, N; ,_ yes, exaiai... — - - ne. Est :c•..- g. ENVIRot%mNTAL INFORMATION 1. Environmental Setting -- Project Site a. b'xistinc use.'straetlras S iAy((LC hiu / L1at�E_______ — - - -�.a, --- --.-- — - b. Touc Lan:y'siooes f Lf}?__fZ°S7N� t7( LT1j---PJ3----GE�� aN of -- �Lo('P!Ntn_ AYa2�G15--YARD_------ ---- *c. V_getation ------ - ---- ------ -- - — ----- *a. :eater=oU:ses f. C.at�r�l��atcrical r=socrc�s—,------------------------------- ---- - 2. Enviromentai Setting -- Surrounding Area a. . =nsitias) e�Stf,JCnLE FA�J�—I�QM S_ b. Tococraniy sloces NoVs�j— E LmGATEt� r?!y Tkc kllu� __—So--59�i6---- �atv��s t•\�4yC s�a(��i—l�T��IP�-�(zD _ iR�AS• _----------- �. Veneta _inn -- -------------- -- *d. Anina_s------------- c lea _artroursas cUitl:ral /historical raSources Ober 3. Are there any .z_or =Tees on _ _----�----- a. wiil ?n;+ nat lZil '«c tar.:oUrses, SUL f3Ce fiJW ^dt` rns., etC . + `.e c;:lnei t irouci croject 3ec�aocr.,ent7: /Y/ /N// If yes, explain: _--------_----- ,:aWecs g �:VIRON[�'N+"7�[. INFORMP.TION (cont.) 7. `�L3d1nC: I `- Y`=3' ' rem �/ �"�/ wiL1 tie 2L°jcC_ _ � , - balance on sl ZeQUI Le C]L3d 1nG]? /Yi /N/ C:3iJt_ vans. ___—_____— If not �al3nce`�, ',;i,,,e «i11 d:rc lx o:�tsi�e3 or dencsit:ri' iM�ST D�R'f w�1.�_.8E USE17 �ofi THG hRo�E�-/ (1n17 ExcESs '.�lRY' w'u�- pc 'A;SAoSED OFF fir. FRop�(L srrEs 6. Aze tieze any isenti fiabl•s Landslides cL ot1e�� �a jorlaeologic iaza=fs on file ?L o°ert( (includin° uncxpact� fi11)? /_i/ /y If yes. __ r ----------------- 7. Is tie oLcpeLty i c�t� w; �i:n 3 iLTf� "=� ❑a=--: ac=_� thi'_Lsides w_ti rodecac=ly ce se veee-3cicr.? /'�/ /� Distar.ca _.. ne3L?s� �i _ scstlon: BNE MALE 9. Noise: cxisti.x, rcise scuzces a_ si_e: �ESrd7�n/TS—_-- -- -- Noise to :� Ce.^.eL3t� by pcoiect: ND(�Mf%L F�oiZ RESIN N-rrH�. ff2EA -- 9 . p;r�es : Odors genezatr-' by ptc,acc: _L;----------- - Could toxic °_--ies 'oe eneL3ted? /y� —_-- — — 10. N'hat =_ner,y-ccrsaz`:i�c desicns cL rates?s- ^--- oe used' F1RE bzE-rRR�Anrr 2°0�--- CERTIFICATION: exbeb?bs pzesent G etdata a[xit�n °tzmationlzequiredvfoz this initia��� evaluation to the best of my ability, and that the facts, statements, and infozmation pzesented are true and corzect to the best of my knowledge and belief. J ;: �� Date: _--------- (Signatuze) For: 9.95 COUNTY OF LOS ANGELES - DEPARTMENT OF HEALTH SERVICES ENVIRONMENTAL HEALTH - HEALTH FACILITIES HEALTH FACILITIES DIVISION 600 S. Commonwealth Avenue, Suite 800, Los Angeles, CA 90005 (213) 351-8200 nX 0 December 3, 1990 A. City of Diamond Bar Planning Department 11 21660 E. Copley Dr., Ste. 190 Diamond Bar, CA 91765 Dear Sirs,.-„ RE: Applicant Name: Independent Options, Inc. Facility Name: KIOWA CREST HOUSE II Facility Address: 1591 KIOWA CREST DIAMOND BAR, CA 91765 Phone Number: (714) 781-8476 Facility Type: ICF/DD-H Requested Capacity: Six This office has received an application for a license to operate an intermediate care developmentally disabled habilitative of six beds or less referenced by Health and Safety Code, Section 1267.8. This code section references Section 1267.9 of the Health and Safety Code which sets forth the. Status policy and requirements regarding the overconcentration as "facilities which are separated by a distance of 300 feet or less, as measured from any point upon the outside walls of the structures housing such facilities". The law requires the Director of the Department of Health Services to deny an application for license if the proposed facility is 300 feet or less from another intermediate care facility/developmentally disabled habilitative of six beds or less residential facility unless approval is obtained from the city or county in which the facility will be located. The law also requires the Department of Health Services to notify the local agency 45 days in advance of approving an application for license. The local agency may request denial based upon overconcentration. Diamond Bar Planning Dept, December 3, 1990 Page 2 Should your agency's review determine that the proposed facility is 300 feet or less from another intermediate care facility/ developmentally disabled habilitative (ICF/DD-H) of six beds or less or residential care facility, please notify this Department within 45 days. Should this office not receive a response within 45 days, and the referenced applicant meets other requirements for licensure, the Department will approve the application. Thank you for your attention to this matter. Very truly yours, VICTOR ARKIN, CHIEF HEALTH FACILITIES DIVISION A S uart Chason, Supervising District Administrator VA@SC:ag planz D �' Facility Number: 191571429 Effective Date: 02/04l90 Total Capacity: b Expiration Date: 02/03/91 In accordance with applicable provisions of the Health and Safety Code of California, and its rules and regulations, the Department of Social Services, hereby issues SMiTA� IPJG. to operate and maintain a RESIDENTIAL�ELDERLY i•'IOUNTAIN VIEs9 f:;UEST HOi`IES 1147 CLEGHORN DRIVC- DIAMOND BAR CA 41765 This License is not transferable and is granted solely upon the following: RPPROVED FOR 60-� YEARS OF AGES � I AMI;ULATORY E 5 NUN�A�IBULATORY m ASSIGNER TO ROOMS 6JITH SLIDING DOORS. Client Groups Served: ELDERLY Complaints regarding services provided in this facility should be directed to: SAN GABRIEL VALLEY DISTRICT OFFICE 18181 575m6b03 L�t30t7-•4aGCL®NON FRED N. h9ILLER 1 ��4t ! . � - � ��-9v ized Representati Issue Date ising Agency ��f�P �f C�ttl�f�rnitt �epttrfinenf s�i �acittl �erbire8 Facility Number:. gg1592171 Effective Date: 01�107890 Total Capacity: 6 Expiration Date: OLB0�191 In accordance with applicable provisions of the Health and Safety Code of California, and its rules and regulations, the Department of Social Services, hereby issues ., 1, � '� � `<� s/� g � t .►� ��'. �. iz -a. $�, .3n :zh9I7Ao I�f6a to operate and maintain a RESIDEMTId�L�E�DfR1Y I ,� MCJUfdS%iR! VI�E� 6UEaT d-i0?9E5 II L000 PARx Si�R IPlG &.OiISE DIAtrtOND DlaR iA 9176§ This License is not transferable and is granted solely upon the following: )SfE' R�rdGE 60 � d]VERo' sSJTAL 5 PdON�:�18Ud_idIDRV RFSiDENTS RES762I>rTED ROOB9S )1ITN DIRECT "EMIT "Tt1 UU7'SIDEa Client Groups Served: ELDERd_V Complaints regarding services provided in this facility should be directed to: SdpPd' G�9§SRIEE`lfAd):EY DIS3RIiT OFFICE ' $d31di)' 575�6b03 FE¢ED.6I� P9ILl�ER Deputy Director, Community Care Licensing Division �,�.. . ,a �/ %lJ Issue Date NOTICE OF PUBLIC HEARING The City Planning Commission will conduct a public hearing on: CUP 90-0117 A request to expand an exist- ing adult care facility in a renovated single family residence located in a residential neighborhood. The expansion will allow an increase from the current six residents up to a maximum of thirty- two residents. The subject site is lo- cated at 1000 Park Spring Lane and is surrounded by single family residences. A Conditional Use Permit is requested to allow the use. APPLICANT: Tarun & Smita Sanghvi DATE OF HEARING: January 14, 1991 VICINITY MAP OF PROJECT: This case does not affect the zoning of surrounding property. If you are unable to attend the public hearing, but wish to send written comments, please write to the City Planning Department at the address given below, Attention: Robert Searcy. You may also obtain additional information concerning this case by phoning the Planning Department at (714) 860-2314. Materials for this case are also available at: Diamond Bar County Library 1061 South Grand Avenue Diamond Bar, CA 91765 DATE OF HEARING: January 14 1991 TIME OF HEARING: i•uu p m LOCATION OF HEARING: Walnut Valley School District 880 S. Lemon Ave. -1 Diamond Bar CA 91789 CASE MATERIALS AND ENVIRONMENTAL STUDY: Are available for review during regular business hours at: City of Diamond Bar Planning Department 21660 East Copley Drive, Suite #190 Diamond Bar, CA 91765 If you challenge this Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written corres- pondence delivered to the Planning Commission at, or prior to, the public hearing. Published in: San Gabriel Tribune on December 17, 1990 Inland Valley Daily Bulletin on December 17, 1990 . ... lCiC I >7I�(�y1f1� la i i N (mil 2 a 1Z be t 7..zl r cc i c rl W�ri1Oc l CPS G(l To TI ±�CI 3/�N. I11 lclLi l F� C.x9,�CCJ /ten eXi�-T, (1C. 6izj GiNn(a, ACtLi7 J 1N P Liz is { ncic�hhG h:-;Crl [a NC�hv/, cj��2�S1�� �_"�'(lL%� r_��=�iCi-i �iv i.`. /1_ Grp ��i- (1\`✓ NC—' e > p,- i 1-i x'i s7 nc /O�C i L f -1 J , �J�_ {l C� i_o r CF pCc:blemS Conte rrtc.C( r4CiLr7(j nur uncu,( c.nCl i"lc� c n��bLC} J Ccc_.(ci C_>�;j�c-fY_'(i k i i }� i S I j To i Z S7 o i F C" :N Lf1 uJ� hoL: Jft c _;,� hcrnC, �rY we n I itie c't d n hornQ or a.'n_ , c_."�e. �o[d hcrno.� cC.(_�,Vcf no Imo_ boc_> f L_l:� n c i-I A� nc ;F C i lA i7 I I CX rl.; r L i U c i) IT, /� l f1 c t: }Ivy c� nv+ 1 v rn o n n Co(-) Ur G.n nIi �Cjc,n_ hccd +ham= fhQ eJ iU c h ckh n L 00 o serL i h �� I cL cc n of h 4 I 1 Ord o 77 4 a r�_ ✓ J 4 kcA h `s i& LjLGCiL 2w Q,n cl c r) C ff _ `i1c�c /, C-1CI A. ire_ ,1 rcP�_r7J, 4-� `1s i C { _ T L- I;% CCU i TI 4 >✓ NG� ` I !�C`i_ c�1 1i -C_�i 1 GS l ma c_•(= rn S C�J1 ('i'i ra; . c bvi C c cko 4tic_` I ; i - H �_r 17 1 CZ �H C� Tc , 1CC1, i- ry i-; ��s iy o 1(70t � � i €.XCs).,`j Ci(? (OC'_c-�L, c9, 1 _fl (lc, , CA,)r aj,n7Li:. T I a � ( 'T c S L�fLCF_ ?CAS" CAKis in n('OiM C H£- j no M L C k,2, l- i rp` it Cs�nS %io S=nonT o(= rnL� i4o nP 1=0?J tT 7C)I "e. POLL HE- Try sii 3'- �o�Le WhQJLQw ll i? )PU-T -dc xDn _the _sin 7 to 5: ?EO YT 0�7- � ve_2Pi the-;i �C"Ast-aci lens hoc>_ ct�.�Js �Jc��c7',ml s� ���Er.= J Ali,,i o(_;T) i T S c%C: I 1 E. C-ocnj�nCl ` 1�O1 /ZCtL,i_T �i -eQ_ c (/1(��_ S cj�> ( C (= C-I/,MM S C:)n T C ". T 14 (7 cc 1 1L tL (� f1C� del L� C�ff Ct L014P,7 LL)C- ,>(,-d (T t=U C ClC) 7Crf /ACC �;f1 f9 G'r f1CSsl ;� ,lli0' C7Lc, %'��i�CC_;11 iC> THE F=ACiLiTLJ ili S f1l�iVS 1 h[_ �.xlsTin �'t ` i`(Gi2 ° 2L1�%,uLC7i 4c�t,iCti u7 iDi-3(LljLi;l J �C � yr C. .c(r�L lc rYIC`: Ecl pq �a r�1Xa t iYl �ul c rlGf�S (�7 71 c_ eflCi OPT (1i S Cc l_-fie' �C CjC ("i ePL-1 0 r L(:Y1`i,L, %'Zc pi L-)ZQ. C, c)(C1 ,p2GPLL- (j hit %11Q_ i (fZc CkLP�, cuC, cccn PLC i e_L/i nl c m, 4- kc, u do to J On h 4rz ( uL Kc)( )E n. c,_{�C ('a 11C�r�i` , i )t— i i—�a c (L/ ( (j {-42Q 100l� f1RG ICON E 1vC:%uCL�, ('_x Po 111s_ Icr)' :_4 l Imo7F_ r)�) iL 7 •75 ! i S P\ fir, (2,c ,-,� h <�\d.(2), 4,s i c� C;a2cc, f c:e_ In 1-V`c rrNC c i�oct lc 4c> i i nd �(-h c t nn-p cn (1C)_ic, bi-,ram- CIA 'i i 1 A-hc �l 1y ? 1n f- 2v; T C C,C) i I 2 7. find 9= off) I (_i P � �. i � l � i P r c� Os�l bL-i' .�111AIA�e(nni e I h z t c 6 C,V'c on) t �cJ � fl �. fly Ric i- ac `-, �i"14_ nV(_ s'_ CI Icl WIT PLC c e i t eu 4(D c H ec�C t? cc:.. � 711� � Aicl itoE() wir4 &P) iI-)EJ CHccccccl' ! >norr , ( Kczj 1CI /24 EOUPL C'_ G[= `T14efn C.�Pa"L-C. o n L In C11,� f�. �fJ��s _ j:�l(EnT-S czc-,� t ovr OOTo Vi c;c cis C n •vim-c, )d n iCcf `i t f l �P r%n T oP L-, C� C Ci-a E Lc((tc�-n i-LIL� 'C-`I % 1 1'I c_� 1 14 E_ i C , LG171 C .. �i n.i(�i n Tii6�c �1 CT LLB ()C t C•(l _ ( !_=i C� �cs ��(��; T-oCi (-d A in X (?GE�i�ONn"T`I'YAC d-�iC%t'bc('_hccd I Ii(20C�- co�r.ri-J cn 1 no'fm(i . = 7T.in �i->.A7 (-C,J:L b�-�=-_n c�i�i✓� n�� w: � � 1-� <`L i?c�:�c_�_ J �E���c �c_s�1 (,u:.�-�1� I P_cV�c fl=a1G,> Gam. I1}I 1 ACiLi7 J ; T I1-4F. P_X�r C t= THE E� 1 1 � � � 1 I (i E �y f�� l -t I Zsl3 U a� GC iL i � �t �: l 7 I i -1 E�� . I r-) P- C-; m (� jF)c;i � l , 7 4 A n Jul � 1 Apt F)c CLU)COP�CQQCa LOITH 114E LOE�L PaCxL. f-Ync- i I� �x S cc �i_�G Imo_ d, of F)( G% T (--Ii s ,�1 cd bcr hccs 6 1 I C-)i t e C C)C�r CLQC C�%I i I4 'THE_ ALmi +c� � e •D-nd hc.'e n�c f1U, ct c ��L 1-ham Coil tJNf� f U� TNT �i6N i� O'a� Tf-}z:. 11017t C(s`(i�2S c� �i-tY11Li PS < L��L i��s(1T tNt-1(�T WL_ t-IAC�� � 'Io h�O(L fJ NGCirnf:-L (.1 wlci--).n+i cap_ c 1 ( T t v t �T 14 Ck, (i L� - - Si O c L� c_(71 I L� cE_L :) (7 ., Ll f-V wI�'tC.�a IS CQ-W)t�ai - cwC �( �(�f�1. ` Cl �hEn �L- c ;7 J 4D(nE I_d LeT 7 k c�C:u) co(+h 1 .t_ ( aQ,_LF ) c� c0 icxlOt_A.D ( { (<i c (Itv'i S i ecl I Kc la,, h i c:-n 1ci r cc4 Uc_; 04:( lc_ ULI_i_-` J LEI' TI--} _ SIL /�(1U a,tCIA J "— v I -- keci_ "7 I 4-4 - FC> 1 J-1 2. 3 3 %n r-'TTQnd I nc, ! ju, i 1�f�l�i nC� uc 'I 7 C C� iC hr_ C a inUnTrL NOTICE OF PUBLIC HEARING The City Planning Commission will conduct a public hearing on: CUP 90-0117 A request to expand an exist- ing adult care facility in a renovated single family residence located in a residential neighborhood. The expansion will allow an increase from the current six residents up to a maximum of thirty- two residents. The subject site is lo- cated at 1000 Park Spring Lane and is surrounded by single family residences. A Conditional Use Permit is requested to allow the use. APPLICANT: Tarun & Smita Sanghvi DATE OF HEARING: January 14, 1991 VICINITY MAP OF PROJECT: This case does not affect the zoning of surrounding you are unable to attend the public hearing, but written comments, please write to the City Planning the address given below, Attention: Robert Searcv. obtain additional information concerning this case Planning Department at (714) 860-2314. Materials are also available at: Diamond Bar County Library 1061 South Grand Avenue Diamond Bar, CA 91765 DATE OF HEARING: January 14, 1991 TIME OF HEARING: property. If wish to send Department at You may also by phoning the for this case LOCATION OF HEARING: Walnut Valley School District 880 S. Lemon Ave. I Diamond Bar., CA 91789 CASE MATERIALS AND ENVIRONMENTAL STUDY: Are available for review during regular busines's hours at: City of Diamond Bar Planning Department 21660 East Copley Drive, Suite #190 Diamond Bar, CA 91765 If you challenge this Conditional Use Permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written corres- pondence delivered to the Planning Commission at, or prior to, the public hearing. Published in: San Gabriel Tribune on December 17, 1990 Inland Valley Daily Bulletin on December 17. 1990 f-V � Jack & Ende Wu 1015 Park Spring Lane Diamond Bar, CA 91765 January 7, 1991 City of Diamond Bar Planning Department 21660 East Copley Drive Room 190 Diamond Bar, CA 91765 Attention: hir. Robert Searcy Re: Expansion Request at 1000 Park Spring. Lane Gentlemen: We strongly oppose the expansion request at 1000 Park Spring Lane. A "business" running at a single family residential neighbor- hood has already given us a lot of troubles. Now the owner of the subject site is trying to expand his business capacity five(5) times larger than the current size. This request is totally ridiculous and unacceptable. We strongly oppose this ridiculous request!! Please be aware of the following facts: 1. Currently, we have heavy traffic in front of our house. The automobiles drive in and out from the subject site, and they never slow down during day and night. 2. We never allow our children to play in the front of our house's street because of the traffic rush. S. Do you know a dog was killed in front of our house several yearS.ago. ! 4. How many times, we have heard and seen the ambulances and fire engines going to the subject site day and night. Everybody in the neighborhood are scared to death of these situation. 5. We are fed up with the current situation at the subject site. We can NOT let the applicant to expand his business here, and ruin our life, devaluate our property, increase more traffic jam, endanger the safety our children, and create more problems/noises to our neighborhood. WE STRONGLY OPPOSE THE RIDICULOUS REQUEST BY Tarun & Smita City Planning Department 21660 East Copley Drive, Diamond Bar, CA 91765 January 79 1991 Suite #190 Attention: Robert Searcy I am in receipt of the Public Hearing Notice regarding CUP 904117-- a request to expand an existing adult care facility in a renovated single-family residence located in a residential neighborhood. By way of this letter I would like to go on public record as being OPPOSED to this unreasonable request. This is a single family residential neighborhood and this request does not support this function and purpose. This Conditional Use Permit is a gross mis-use of this community and imposes an extreme injustice to the families and homeowners of this neighborhood. Sincerely, Larry D. Studt 902 Clear Creek Canyon Drive Diamond Bar, CA 91765 January 10, 1991 City of Diamond Bar PLANNING DEPARTMENT 21660 E. Copley Drive, Suite 190 Diamond Bar, CA 91765 RE: CUP 90-0117 PUBLIC HEARING: PROPOSED CONVALESCENT HOME I am writing this letter' to STRONGLY• 0{+ N`E the proposed 32 bed/room convalescent home on Park Springs Lane i_n. Di.amnnd Bar. While I do not live in that neighborhood, I think the approval of this would be setting a dangerous precedent i_f someone wanted to convert their private home on my own street into a convalescent home. I believe a convalescent home is a. COMMERICAL ENDEAVOR and should not be allowed in a residential neighborhood. I would oppose any physical alteration of the standard neigh- borhood home. I would oppose 32 people residing next door to me. I would oppose the 8 space parking lot proposed for this site. I would oppose the extra noise, trash, and visitors. I would oppose the delivery vans bringing needed supplies. I would oppose ambulances and rescue squads need- ing to appear more often than in a "normal" neighborhood. I would oppose the danger that these residents pose with wanderings and behavioral difficulties. To me, this is CLEARLY A COMMERICAL ENTERPRISE and should be treated as such and OPPOSED IN ANY NEIGHBORHOOD IN DIAMOND BAR. Thank you for your attention to this matter. Sincerely, Suzanne Rhino II61-2376 Mr. & Mrs. Roy Rhino 1148 Seneca PI Diamond Bar, CA 91765 - I. Background: 1. Name of.APPiicant: 2. Address and 1I ' 4. Date• f Emironr 5. Date of Environs 6. Lea�A9ency (? Lu_ iA1�-!Lr 7. Narpe gfr)PrOP - City./Diamond Earbillia[Stu Pafann 21660 EAST CO PLEY DRIVE • SUITE 100I Id ; DIAMOND EAR, CA 917654177 714 open ?A89 ' FAX 714860-3117 AL III '�NA FFA im of Pro ent: lone of Protect ntact: information Submittal: I Checklist Submittal: - rf Subdivision):. r=d0 8. Related Applications (under the authority of this environmental determination): Yes No . Variance: Z Conditional Use Permit: Z Zone Change: / :General Plan Amendment: (Attach Completed Envlronmenfal Information Form) councamembcrb PHYLZ.rR & PAPlst p .HPO T�R CoYunalmWERNER ®ba GARY O. hnLLER JOHN�� � G ROBZ L ORT _ rrrayor .v:. RECYCLED PAPER _-._4_- _ �� city of Diamond 9arWtW Study Form Page 2 II. Environmental Impacts: (Explanations and additional Information to supplement all 'Yes" and "possibly" answers are required to be submitted on attached sheets) Yes No Possibly 1. Earth. Will the proposal result a, Unstable earth conditions or changes in geologic substructures? b. Disruptions, dspiacements, 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? 1 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, desition 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, Exposers of people or property to geologic hazards such s earthquakes, landslides, rrurdsildes, ground failure, or similar hazards? 2 Atr. Witt the proposal result in: . a. Substantial air emissions or deterioration of ambient air quality? -/ b. The creation of objectionable odors? ^ c, Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally?_ 3. Water. Will the proposal result in: __ _ a. Changes in currents or the course or direction of water movements? b, Changes in absorption rates, drainage patterns, orthe rate and amount of surface run-off? c. A iterations of the course or flow of flood waters? d. Changes in the amount of surface water in any body of water? e. Discharge into surface waters, or in any alteration of surface water quality including but not limited to dissolved oxygen and turbid 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?y h. Substantial reduction in the amount of water otherwise available for public water suppries? i. Exposure of people or property to water related hazards such as flooding? city of Diamond Bar fnldar SCid pForm Yes No Posslb[y , 11. Population. Will the proposal: I I a Alter the location, distnbution, density , or growth rate of the human population of an area? 12. Housing. Will the proposal aiiect: a. Existing housing, or create a -demand for additional housing? 13, Transportation/Circulation. Will the proposal result in: a Generation of Substantial additional vehicular movement? b. Effects on existing parking facilities or demand for new parking? , c. Substantial impact on existing transportation systems? d. Alterations to present patterns of circulation or movement of people and goods. e. Alterations to waterbome, rail or air traffic? I. increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: 1. Fire protection? 2. Police protection? 3. Schools? 4. Parks or other recreational facilities? 5. Maintenance of public facilities, including roads? 6.Other governmental services? 15. Energy. Wail the proposal result in: a. Use of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing energy sources or require the development of new sources of energy? 16. Utiiftles. Wi►1 the proposal result the a. A need for new systems, or Substantial alterations to public utilities? -- n T - � � � CJry of Diamond Bar:nitla/ Study Form Pegs 5 Yes No Possibly 17. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental heath)? b. F,cposure of people to potential health hazards? 18: Aesthettts. WIII the proposal result In: a. The obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to the public view? 79. Recreation. Wlli the proposal result In: a. An impact upon the qua('ity or quantity of existing recreational opportunities? 20. Cultural Resources. WIII the proposal result tn: 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 dr object? c. A physical change which would affect unique ethnic cuturai values? d. Restrictions on existing religious or sacred uses within the potential impact area. °.. � _ - - - Cfy al Dlamand Bar fn/tlal Studd pF� � Yes No Possibly 27. Mandatory Findings of Significance? a. Does the �roposed project have the tential to degrade the quality of the environment, substarrha ty reduce the habitat of a fish or w�dl'rfe species, cause a fish or wildiife'poPureduce adpiaa or an final communfijeredu a the numbeir ornrestrict significantly the range of a rare or enenods of Cal om a hihistory or prehistory?�dan examples of the major p b. Does the proposronmelrrtai goals? a potential to achieve short-term, to the disadvantage of long-term. c. Dees the pro�osed project pose impacts which are individually limded but cumulatively considerable . d. Does the project pose environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ill Discussion of Environmental Evaluation: (Affach Narrat/ve). IV. Determination: _ _,_. On the basis of this Initial evaluation: NOT have a significant effect on the environment, will 6e prepared 1 find that the proposed pro ect COULD and a NEGATIVE DECORATION i find that although the proposed project could have a sign�car>t effect on the environment, there will not be a signrfcant effect in this case because the Sect ptroject.easures described on the attached sfieet have been incorporated into the propo A MITIGATED NEGATNE DECLARATION WILL BE PREPARED. I find that the proposed project MAY have a sign'rficant effect on the environment, and a ENVIRONMENTAL IMPACT REPORT is required. Lilt D -� I — C (� Signature: Date: s�•'N> , n -rraS. / tl-n /�t �, -- it - Forthe City of Diamond Bar,Galifiomia III. DISCUSSION OF ENVIRONMENTAL EVALUATION: MITIGATED NEGATIVE DECLARATION 11 o..ri 11rr.cci hl �>11 ENVIRONMENTAL IMPACTS: 1. Earth g. Exposure of people of property to geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards. Possibly. Explanation• The geologic stability of the project site is not demonstrated by information provided by the appli- cant. Mitigation• Prior to construction, applicant shall submit dence, to the satisfaction of the Building Depart- ment demonstrating geologic safety of the project. 3. Water b. Changes in absorption rates, drainage patterns, or the rate and amount of surface run-off: Possibly. c. Alterations of the course or flow of flood waters: Possibly. e. Discharge into surface waters, or alteration of surface water quality: Possibly. I i. Exposure of people or property to water related hazards such as flooding: Possibly. Explanation: No topographic maps or drainage information is included in the project application. The proposed construction will have an unknown impact upon drainage patterns, and an unknown interaction with existing drainage. Mitigation: Prior to construction, the applicant shall provide.in- formation, to the satisfaction of the City Engineer, de- monstrating that no flood hazards or adverse drainage impacts are associated with the project. 4. Risk of Upset 13 b. Probable interference with an emergency response plan or an emergency evacuation plan. Possibly Explanation. • The City is in the process of coordinating an emergency plan in conjunction with the County of Los Angeles. An increase in the intensity of the use would require a notation on the area -wide plan. Transportation/Circulation a. Generation of substantial additional vehicular movement. Possibly b. Effects on existing parking facilities or demand for new parking. Possibly d. Alternatives to present patterns of circulation or movement of people or goods. Possibly f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians. Possibly Explanation: The project will have an unknown impact to existing traffic patterns and to the number of trips generated. There will also be an increase in the number parking spaces which will be needed to accommodate the increased demand. Mitigation• Limit visiting hours to restricted times, restrict on - street parking and provide sufficient parking on -site, discourage service, delivery, and maintenance traffic to restricted hours. i IV I VAI sxk f tz X & III l'4 7 <�k��i �� ,4IVAM 44 u� ��,� tit y AV iL y 't r VI A IV Al All All ..t� h X i14 i AV \. I IV A IV Ali, a IV I VIA r =_ _I d Il R P E AV IV! l3av a �Ii` f {F k Vl All {* All c 1\ t fi r`E All AwIl IV I �� If el au IV V III 11 'All; 1Intel H iz r I IL IV IW All 9 c _ IfI, c_ '�,r-.'3. r..a, .. c?`k"+� ro E <©A \Az .�� --� � � . .>. <( . . � 44� ,.� , .. � INTEROFFICE TO: Honorable Chairman and Planning Commissioners FROM: James DeStefano, Director of Plann, t SUBJECT: Agenda Item No. 6 - DA 90-2 DATE: January 11, 1991 A draft Development Agreement has been prepared and is undergoing review by the developer and the City Attorney. Therefore, staff recommends that this item be continued to January 28, 1991. JDS:pjs G�1/11/1991 09:56 ** HARMONY FAX BUREAU** 02503792 P. Gt2 Post Ofiice Box 4l ffarmony & Associates A PUBLIC A FTAIRS COMPANY Publishers of THE HARMONY REPORT S, 24139 Afamado Lane, Diamond Bar, CA 91765 "" (714) S60-3463, FAX Tp; Planning Commission AGENCY: City of Diamond Bar FROM: Mr. Clair Wm. Harmony, Vice Chairman SUBJECT: Speaker's Bureau DATE: 12/6/90 There is a need, especially with a ncweity, to take the "processes of government" to the people. . g(i1-8881 As you know, the City Council now has televised coverage of its meetings, and not withstanding Jones intercable's ability to do the same for our Commission sessions, i propose we iake the "public participation process" one step further and form a speakers bureau of staff and commission members, We might call it a "Mobile Planning Commission;' or a "Commission on Wheels.' But whatever we call it, the opportunity of carrying out informal discussions on a one to one basis with civic organizations is important to our information gathering processes. Of course with these informal "community conversations" comes the opportunity of inviting the public to attend and get involved with the formal hearings and deliberations of the Planning Commission APPR�DPF6IATE ACT1C�6� 1. Call for a Motion to form a Speaker's Bureau. 2. Ask for volunteers from Commissioners. ©1/11/1'391 ©4 � 56 :�x HRRM01�!`r PFIX FUREP,�J>kM J?5L3 i 32 P. a3 "°°w `°� Published by the Diamond Bar Chem er o ammerce a:,. Our Community is growing and there are many services and products avdlVabie, Please patronize th® Chamber ). Members and help Olamond Bar Prgsper. p business needs an identity, A business needs an address, a sign, a lilacs to Park, and traffic to its front door step. A City needs an ident.it'.y. A city needs st reefs carving in as well as going out. A vity needs businesses or l-he Coffers soon go empty. ev 1e Having had several discussions with local business p P about the subject, T have concluded that vP.rl',� recall businesses in Diamond Rdr can exisC prof.ikably by roly utg solely on the SUPport Of Diamond Sar residents. The truth i.s, the City of Diamond Br-r itself Cannot exisC if it ds to rely solely on Diamond Bar residents (withv:rt. dramatioaily increasing Prvperay taxes), Think about it. Gould you make a Profit month after monkn if no one oakside lli amend Sar city limits supported your business? How many businesses in our community have you se0r, come and go because it did not make sense to try to Y.aep the doors open? several of you who are hanging in there have told me that buslne8s is tough and it's "month to moriklt." We noed outside traffic and outside money, The main bloodstream of khis city is supplied by the businesses in Diamond Bar: jobs, goods and services, tax r®venue, and top-notch Caring people. Ask spy organization seeking charitable r, ifts. where their energies are directed --it's local businesses! When the City seeks increased revenue, it Will approach those very same businesses. Yet the very City our businesses suppeut is displaying a blatant disregard for its blood Hupp1Y• Last ore ek Chino Hi11s celebrated the opening of Grand Avenue with a Grand Fairs --Lands, singers, dancers, clowns and rides for the children, Among t:he more positive effects of Grand Ave. opening is that lUGal businesses have a chance to attract additional people to their front doors. Here was a chahCe for two wonderful communities tv join together and celebrate a bald new step towards the future. Here was a chance for the City to laY out ttte welcome mat for the �>ene f. it: of local businesses, The City of Diamond Bar ignored the vent. And even as one busir.essattampted to Celebrate a "Grand keopening,^ the City told them to Cake down t hair balloons. Consider tits "sign ordinance" being discussed by the Tlanning Commission and the Cit-y Council, The admitted goal of the City is kha most restrictive,, sign ordinance they can devise withhChe same h ayir,g ev°ry sign the same color, the same height, size leCtering help attrant business to your door step? W111 no balloons, no window our nt �ta�C e nofb business helps �ybU generate anew of exCi_emant at y P�� income? We aru in a recession and business is tough, Llfe Creates enough Obstacles without stepping bn our own toes ar strangling vu rselves. The city needs a regulated tra £fir flow, Sign ordinances acceptable to the majority and proper business permits. We in bUsirie95 need the same. Lot's work together to achieve what's best for our future. Learn all you rah about the issues and decisions facing tho City, and please contact our City Council members to let them know what you think. ♦._...._............. ...._�L�-� � V? p n G tz rD a� '� (D ft C] O N� Y- O (D n x N O �C m tt rD G (D N f1' T�TgL P.G3 INTEROFFICE MEMORANDUM TO: Honorable Chairman and Planning Commissioners VIA: James DeStefano, Director of Planning FROM: V Irwin M. Kaplan, City Planner SUBJECT: Refinement of Proposed Sign Code DATE: January 25, 1991 At the meeting of January 14, the Planning Commission expressed interest in a sign code provision which would address such prob- lems as has been experienced by the Ramada Inn which is adjacent to, but virtually invisible from the freeway. The Commission also reiterated its intent that any such provision should not be spew cial purpose zoning to solve the problem of the Ramada Inn. (The "variance" procedure was felt to be inappropriate, since a free- way -oriented sign for the Ramada Inn might be construed as a grant of a privilege not available to others). In addition, the Commission specified that any provision for free- way oriented signage should be tightly drawn, since the Commis- sion's purpose is to discourage signage along the freeways. With this in mind, the following guidelines are suggested: 1. Limit Freestanding Sianaae Only to Places of Lodging. 2. Obviously, if more businesses are eligible for such signage, more freestanding signs can be expected. Traditionally, where freeway signage is permitted, food, fuel and lodging are the uses eligible for signage. As proposed, only hotels and motels would be eligible for freestanding signs. Such signs would be permitted only for uses which adjoin freeway rights -of -way and would be generally subject to the regulations of the Planned Sign Program. In other words, the main departure from the code as proposed, would be to permit signs on properties adjoining freeway rights -of -way to adver- tise only food and fuel, if the front entrance faced a direc- tion other than the freeway. Such signs would also be per- mitted for hotels and motels in lieu of freestanding signs. Require All Such Signs to be Subject to a CUP. A) Guidelines, rather than specific standards, are proposed for freestanding signs for places of lodging. These Memorandum January 25, 1991 Page Two would address such issues as location, size, architec- tural treatment, etc., and require that the Commission make findings in order to approve such requests. In other words, if the findings cannot be made, it would be incumbent upon the Commission to deny the request. B) The standards of the Planned Sign Program would apply to wall signs for food and fuel service, but additional flexibility is proposed in the application of these standards. The purpose would be to give the Commission the opportunity to evaluate each situation on the mer- its. As would be the case for freestanding signs, find- ings of consistency with the intent of the ordinance would be needed in order to approve the request. 4. Criteria for Approval and Specific Issues to be Addressed in Making the Required Findings. A) Freestanding Signs for Places of Lodging 1) Signs shall reflect the architecture of the prin- cipal building which is being advertised, 2) The size and the height of the sign shall be dic- tated by the minimum size and height required to be visible and readable for a distance generally not to exceed 1,500 feet from the location of the sign in the direction of the freeway, based upon the attached schedule (Exhibit "A") a) If, in order to be visible from more than one direction along the freeway, the size and/or heightl of the sign will be substantially greater than would be needed to be visible from one direction, the Commission may not approve signage which would be visible from more than one direction. b) If the configuration, elevation or geometry of the freeway will restrict visibility of the proposed sign to less than 1,500 feet, the height and size of such sign will be re- duced'accordingly. c) Information on freestanding signs shall be limited to the name and logo of the facility to be advertised. Memorandum January 25, 1991 Page Three 3) `Such signs shall be limited to one per site. 4) The commission may permit additional text or height than might otherwise be permitted, if sign - age is integrated into the overall design of the principal building in lieu of a freestanding sign. 5) Freestanding signs shall be located on the site in a manner clearly designed to be visible primarily from the freeway, with the support structure for said freestanding sign to be located and con- structed in a manner which will minimize visibili- ty from other surrounding public rights -of -way and public areas. Be Wall signs adjoining freeways 1) An additional sign may be permitted on a building, inorder to advertise food, fuel and lodging on a building wall which does not contain the front entrance, but which adjoins and is visible from the freeway. 2) Information shall be limited to the name and logo of the advertised business, unless such wall sign is in lieu of a permitted freestanding sign. 3) The number of such wall signs shall be limited to one per eligible use, subject to the size limita- tions of this section. 4) One additional sign may be granted, if it is in lieu of a permitted freestanding sign. c. The commission shall deny an application for a sign if: 1) It is deemed to violate the intent of this sec- tion, or 2) Specific findings cannot be made in support of each of the guidelines enumerated herein. /- . �F�IP�I-t- n�+" Viewing Distance Sign readership for various character heights at different speeds haracter Height• ~ ~ ~ O O N N � O O M Farthest Distance that the sign will be readable 1/4 1/3 1/2 6/10 mile mile mile mile Character Reading Viewing Exposure in Seconds Height in Distance 20MPH 30MPH 40MPH 50MPIi 60MPH Inches In Feet (29.3) (44.0) (58.7) (73.3) (88.0) 18 900 30.7 20.5 15.3 12.3 10.2 24 1200 41.0 27.3 20.4 16.4 13.6 30 1500 51.2 34:1 25.6 20.5 17.0 36 1800 ��1.4 40.9 30.7 24.5 20.5 42 2100 1.7 47.7 35.7 28.6 23.9 48 2400 81.9 54.5 40.0 32.7 27.3 60 3000 102.4 68.2 51.1 40.9 34.1 NOTATIONS: 1. The general rule of 50 feet of distance for each inch of character height was developed for 3M Co, by Dr. Lauer in a series of studies 25-30 years ago. If the sign is directly in view, the distance applies. If there is considerable set-baek from the road, the distance would be the hypotenuse. 2. The feet traveled per second is indicated in the parenthesis. 3. The data in the 3-7 columns is viewing exposure in seconds for moving vehicles. IC 9.0 - 9/87 City of Diamond Bar PLANNING COMMISSION Staff Report TO: Honorable Chairman and Planning Co(�mmissioners FROM: James DeStefano, Director of PlannYnq SUBJECT: Draft Sign Ordinance DATE: January 25, 1991 On January 14, 1991, the Planning Commission reviewed the latest Draft Sign Code package. The Ordinance included a discussion of nonconform- ing signs and sign abatement language. Before that meeting, staff mailed draft copies of that ordinance to over sixty individuals and organizations for their review and input. Staff brought to the atten- tion of the Planning Commission, several key components of the ordinance regarding philosophy and policy issues. Several questions and clarifications were asked for by various members of the Planning Commission. Attached to this memorandum is a copy of the Planning Com- mission Minutes, relative to the Sign Ordinance discussion. Key compo- nents of the ordinance, as outlined within the minutes and expressed at the last meeting still remain to be addressed by the Commission. Clar- ification of language, typographical errors and a variety of minor changes have been made within the attached Sign Ordinance. Additional- ly, in a separate freestanding memo from Irwin Kaplan is a discussion regarding a Conditional Use Permit for freeway -oriented signage. Staff is recommending that the Planning Commission consider the changes to the Draft Ordinance, discuss the remaining outstanding issues and upon conclusion of the hearing, adopt a Resolution recommending approval of the Sign Ordinance and forwarding the document to the City Council. JDS:pjs Attachment SIGN SECTION 100. PURPOSE AND INTENT. The purpose and intent of the draft Sign ordinance 'is as follows: A. To encourage the use of modest signs with due regard for the needs of the business community. B. To encourage signs which are harmonious with other existing signs. C. To assure an appropriate level of review prior to approval of sign permits. D. To bring existing signs, as much as is feasible, into compliance with the provisions of the Sign Ordinance. SECTION 102. p' A. PERMITS; REQUIRED PERMITS; PERMIT ISSUER. 1. Permits are required for all signs except those specifically exempted from the permit requirements by this Sign ordinance. 2. Permits may be issued by the Planning kw I Director, or hisndesignee, for all signs listed in (Section 106) of this Ordinance (Basic Sign Program), subject to those conditions listed in Section 102 D (Guidelines) of this Ordinance. 3. Permits may be issued by the Planning Director, or his designee, upon direction from the Planning Commission or City Council for any sign(s) listed within (Section 108) (Planned Sign category). 1 B. APPLICATION FOR PERMITS Applications for sign permits shall be made upon forms provided by the Planning Director, or his designee, and shall containI or have attached thereto, the following information and material: 1. The name, address, and telephone number of the owner of the property on which the signs) are to be located. 2. The name, address, and telephone number of the applicant (owner of the sign). 3. The name, address, and telephone number of the sign contractor, if any. 4. The location of'the building, structure or lot to which or upon which the sign or other advertising structure is to be attached or erected. 15.1 Three (3) copies of a plan and elevations showing the:�JJ l a•) Sign(s) height, size, proposed colors, type style, elevation above final grade level, proposed location on the premises of the sign structure, its relationship to adjacent"buildings or structures,-&� the method of illumination tt% C tOOV5 a0AJ and materials proposed to be used. b - Leea , +ho e o ma F.l Structural details and calculations signed by a person competent and qualified to prepare such Awr information. The Planning Director or his designee may, in their sole discretion, waive such requirement. 6. Photographs showing the premises and adjacent property at the time of making the application. 7. Such other information as the Planning Director, or hi ^d ignee, shall deem reasonable and necessary to ensure safety of construction and compliance with this and all other ordinances of the City. �C REVIEW OF SIGN PERMIT APPLICATION; APPEAL PROCESS 1. In consideration of the issuance of a sign permit, the factors noted below shall be utilized by the Planning Director, or hi designee, as guidelines for determining that a submitted sign proposal furthers the intent and purpose established by this Ordinance. 2. An appeal from a decision of the Planning r+)�v relative to the, application of the review guidelines contained herein shall be made to the Planning Commission. Such appeal shall be filed with the Secretary of the Commission in writing within ten (10) days after the date of mailing of notification to .the Applicant by the Planning Director or his/hare/' designee that any submitted sign proposal has been denied or modifications are required to effect conformance with the guidelines. An appeal from the Planning Commission decision may be made to the City Council if such appeal is filed in writing W14WYN -GPM, Cl o) A,e V ff &HiL\ +N& cf &b % n% notification of the Planning Commission action. In determining the consistency of each proposed sign with the purposes of this Ordinance, the following guidelines shall be applied: 1. That the proposed sign will be legible to the intended audience under normal viewing conditions, based on its proposed location and the design of its visual element. 2. That the proposed sign will not obscure from view or detract from existing signs, based on its location, shape, color and other similar considerations. 3. That the proposed sign will be in harmony with adjacent properties and surroundings, based on the size, shape, height, color, placement, and the proximity of such proposed sign to adjacent properties and surroundings. 4. That the proposed structure, sign or display will be designed, constructed and located so that it will not constitute a hazard to the public.. 5. That the proposed sign is not designed to have the advertising thereon maintained primarily to be viewed from a freeway, unless specifically provided for under the terms of this Ordinance. 3 The appropriate fee, as determined by resolution of the City Council, shall be collected by the Planning Direc"t"o�r, or his designee, upon application for any sign permit.OV " pflNave SECTION 104. GENERAL REGULATIONS B. No freestanding sign shall be located less than 25 linear feet from an adjoining property line, except that a sign may be located no less than 10 feet from the ultimate �� right-of-way. C. Signs shall be constructed of fire resistant material. Where glass or plastic are used, these materials shall be shatter -resistant. D. The Director of Planning may approve minor alterations of signs approved within a planned sign program. E. .Sign materials and colors shall be consistent with building materials attached or adjacent to signs. F. No sign shall be placed on or over public right-of-way unless permission has been granted byACity Council or the Council's designee. I�f vhk ht%hi2 �s 6✓ G. Sign copy in non-Latin/RomanAalphabet characters must contain thereon a generic description written in English of the nature of such business or use. Such translation shall be visible from the nearest public street. 1 7 H. Business signs shall be limited to those portions of a building within which such business is located or conducted. SECTION 106. DEFINITIONS A. Advertising device: Any balloon, flag, pennant, banner, propeller, oscillating., rotating, pulsating or stationary light or other contrivance (except lawfully permitted signs) used to attract attention. (See "Sign".) B. Advertising display: Any device, contrivance, statue or structure (other than a sign) used as a display, regardless of size and shape, for the purpose of attracting attention. C. Advertising structure. outdoor: A structure of any kind or character erected or maj„ntained for the purpose of advertising a business, activity, service or product not sold or produced on the premises upon which said structure is placed. D. Alteration: Any change of copy, sign face, color, size, shape, illumination, position, location, construction or supporting structure of any sign. E. Area of a sign: The-evrt44z rea within the single continuous perimeter of not more than eight (8) straight lines enclosing the extreme limits of writing, representation, emblem or any figure of similar character, together with any material or color forming any integral part of the displayAA;. -te �m. .... case of a sign designed with more 0 than one exterior, surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. Unless otherwise specified, the supports, uprights or structure on which any sign is supported shall not be included in determining the sign area unless such supports, uprights or structure are designed in such a manner as to form an integral background of the display. F. Attached Sian: Any sign which is permanently affixed to a building, including wall signs. G. Attraction board: A changeable copy on premise wall or freestanding sign which contains messages related to upcoming events at restaurants, movie theatres, niaht,��-or similar uses. H. Awnina sign: A sign attached to or written upon an awning` —(,See—��a�agp—s�grt" :-r-- Chi A b'v' WX/Alv/t��Uee I. Banner sign: Any sign hung either with or without frames, possessing written communication applied to non -rigid paper, plastic, non-rigial material or fabric of any kind, and capable of being viewed from any public right-of-way, parking area, or neighboring property. J. Building frontage: The lineal extent of a building or activity which has frontage on either a public right-of-way or parking area. The length of the building facing the public right-of-way or parking lot shall be used to determine the amount of signage permitted. K. Buildina identification sian:A Sign attached to a building which designates the name and/or address of a business or organization. L. Business sign: A sign displaying information pertaining to goods or services offered or produced by the business located on /// the property but not including advertising devices/displays. / tip the—}denting—__ --„�,,,a �f r,,,� cL/ m�.o coast-east—o-f—bus-i-rress—signs—shal'I—Ys�—'—'-tl s�ness--- *+ame of the user • ( � ) t-ha�ame—or.�aanes--o.£—the--owner-(-sj--oi--thy---- —LYE--aeldr__- _.`r ;- premises, rees an ing'cisl`n�-ss—s'icJi'i—�aiT�en�--� '--sha-1-1—rn*_}rxde�ie sir-eet—adei-r-ess—o-f—�Y�e—business—adver�isea---..__ __�;gnG ehaii nc,t �,e--a�-leweFl-t�-adver�rse-the-proc4uct-s�-sal-ci-or-- ---, p�n�asl o� the_i_ndi�idua3-ser-v��es-per�or-med-Qn-the premiso-s-- _fir e�� j brodt �ts�or_sew-vi-ees a-re-an--i'fitegral- part of- th-e i d ent kfy kng-name---oi-ttri�-b-us i n e s s. M. Canoov sign: Any sign which is not illuminated, which is attached to the underside of a projecting canopy protruding over a private or public sidewalk or right-of-way. (See "Awning sign".) N. Changeable copy sign: Any sign designed and intended to have an \easily and readily changeable copy�-such — o attraction board..) (43e& 0 O. Civic organizations Sian: A sign which has copy, limited to organization name, address, and civic/ patriotic or religious events conducted on the property. P. Commercial center: Any site containing two (2) or more commercial activities, for which signage is proposed. Q. Condominium, subdivision or rental community sign (permanent): A wall or .freestanding sign which has copy limited to the name of the condominium, subdivision or rental community, I ncluding apartments, located on the property. R. Construction sign: AAsign which states the name of the future site occupant and/or the name, address and/or phone numbers of related construction, architectural, and financial firms. _, S. Electronic message board sign: A -sign with a fixed or changing display composed of a series of lights, but not including time and temperature displays. T. Entrance/Exit signs: A sign which has copy limited to the words "Entrance" or "Exit" and is located at commercial driveways or mIdunted at building entrances or exits. U. Flag: An advertising device, but not including national flags or flags of political subdivisions. V. Flashing or animated sign: A sign intermittently emitting light, or which has any illumination which is not maintained in constant intensity, color or pattern, including electronic. reader boards, except time and temperature displays. 0 W. Freestanding sign: Any sign permanently or temporarily attached to the ground which does not have a building as its piF4�ma;;y structural support. X. premise sign. advertising the opening of a new business. Gv�cl e, Y. -C#r level: Ground elevation at the closest point of the adjacent building or curb level of the adjacent right-of-way, whichever is closerj�V'j'Vwo� �Oce&b:-, &r-*1geSt . Z. Government offices and quasi -official signs: A sign displaying information pertaining to services offered by City, County, State or other official governmental agencies. AA. Height of a sian: The vertical distance measured from (average).n�wn� (lowest point of elevation) level along the base of the sign structure, to the highest point of the structure. BB. Hours of operation sign: A wall or window sign designating hours of opening and closing. CC. Illuminated sign: A sign which has characters, letters, figures, designsior outline backlighted or internally illuminated by electric lights or luminous tubes. DD. Incidental sign: A wall or window sign indicating type of credit card accepted, trade affiliation, etc. EE. Institutional sign: A re arrdi-�tg� sign which has copy limited to the name/address of an institution located on the property, i.e., a hospital, school, library or other public facility. X. Liquidation sign: An on premise sign advertising a one time only clearance, liquidation or going out of business sale. GG. Locro: A name, symbol, or trademark of a company, business, or organization. HH. Menu board: A changeable copy wall or freestanding sign limited to a listing of food sold on premises, including prices. II. Monument Sian: A low profile freestanding sign which may be internally or externally illuminated, erected with its base on the ground and which is designed to incorporate design and building materials which complement the architectural theme of the buildings of the premises, the prase of �nonum�nt— vt—exeeeelI-B11�n—he area JJ. Piameplate:, A wall mounted sign of no more than four (4) square feet identifying the building name or address, or the name of the owner of the premises. KK Nonconforming sign: A sign which complied with all applicable regulations at the time it was installed, but which is now in conflict with the provisions of this chapter. r r ors •---�ver}� C t gn i s ger ,,its, advert lei l 7�` 9�-c^oa7L MM. Outdoor advertisina sign: A sign, including billboards, or the sign structure on which it is to be placed, the purpose of which is to advertise products or services that "M Vukl are not produced, stored,Aor sold on the property upon which the sign or structure is located, but not including travel direction or bus/bench shelter signs in public rights -of -way. NN. Portable sign: A sign not securely attached or fixed to the ground or to a permanent structure; or upon a vehicle or trailer used as a stationary advertising display, the primary purpose of which is to serve as a base , platform, or support for the sign, or to which the sign is otherwise affixed or attached. oo. Pole sign: A freestanding sign supported by one or more uprights. PP. Political sian: A temporary sign conveying a message relating to a political issueA upcoming election or ballot issue. iI QQ. Price sian: A sign limited to the name or identification of items or products for sale on the premises, and the price of said items or products. RR. Projecting sign: A sign which projects more than twelve (12 ) inches from -t " F a building and wh4:eh has if 9m puck btp ddtky fvY 'tt4 SVpperT# SS. Real estate sian: A temporary sign indicating 12 that the premises on which the sign is located is for sale, lease or rent. nrouert�[_,� ORoof sign: An attached sign constructed upon or over a roof, or placed so as to extend above the visible t-ke—bum-iu-rng--i ��-?� o i entify. WW. Sian: Any device used for visual communication or attraction, including any announcement, declaration, demonstration, display, illustration, insignia, or symbol used to advertise or promote the interests of any person, together with all parts, materials, frame and background thereof. "Sign" and "adv1r ising__dev' "sh^11 t inc1lltiP the 1. Official notices issued by any�Durt or 2 Notices posted by any public officer in 13 - ommuni irec Iona 'ors; —, <--artthor� aed �i�L-b'ede�'al�—St' tnax'ity-, -and--� r r �lr--Hsp3ay prices or other messages not less ---t inches behind ui ing in ows. XX. Sian copy: Any word, letter, number, figurer design or other symbolic representation incorporated into or depicted upon a sign. alvea 6v A,spi&Ay YY. Sian face: The-s�`��}3 ZZ. Sian structure: Any structure which supports any sign. AAA. Site: One or more parcels of land identified by the assessor's records where an integrated building development has been approved or proposed. The site shall include all parcels of land contained within or a part of the development application. An integrated building development shall include all parcels served by common access ways, driveway, parking and landscaping. BBB. Special event sign: A temporary sign which conveys a message related to a civic, patriotic or religious event. CCC. Subdivision/model-home sign: A sign which identifies a subdivision for sale, and which is located on the property being advertised. 14 DDD. Temporary Holiday Lighting or Window Trimming: Low intensity lighting consisting of continuous bulbs which may flash or blink used to commemorate a patriotic civic or religious event, or decorative trim surrounding the window. EEE. Temporary Sian: Any sign displayed for a limited period of time and capable of being viewed from any public right-of-way, parking areMq,or neighboring property. GGG. Wall sign: Any sign which is attached �im�i erected,,Lrv�hj`'yv on the exterior wall of a building including the parapet, with the display surface of the sign parallel to the building wall, and which does not project more than twelve (12) inches from the building,—eefheight�z—the-- HHH. Window sign: Any sign posted, placed or affixed Yk2.�-iZ,viov c9-t= 'j'tte s-tv'uc�'i'!'vvousn in or on any window visible from°'a-pulali�ghttiF�=•._�kiag� a CviV%C(0LV. SECTION 106. BASIC SIGN PROGRAM. The following signs may be approved by the Planning ,W /hwr Director 4T hisgdesignee. rnary-�s3-ida� ligh-tixag-a�+ci 15 A. Permanent: 1. Wall signs for individual uses: (Olax. Area: 1 sq. ft. per 1 1 ineal foot Frontage, to a maximum 100 sq, ft. per use. Max. Number: 1 per outer wall Ve-'t�'SE�3 i3e3g a or parapet. Special Conditions: No permit shall be issued for a wall sign in a multi -use building or commercial center in which more than one sign is proposed without Planning Commission review and approval. Zone: Commercial 2. Canopy and awning signs: Max. Area: Limited to letters or numbers no greater than 7 inches in height designating business name or address.. .Max. Number: 1 per use Zone: Commercial 16 B. Temporary: 1. Commercial Real Estate Sign: Max. Area: 24 sq. ft. Configuration: Wall or Freestanding Max. Number 1 per site Max. Freestanding Height: 6 ft. Special Conditions: Permit valid for one year after permit issuance, may be renewed. Zone: Commercial 2. Construction Sign: Max. Area: 24 sq. ft. Configuration: Wall or Freestanding Max. Number: h per site Max. Freestanding Height: 6 ft. Special Conditions: Permit for sign issued after construction permit is issued; sign must be removed upon issuance of occupancy permit. Zone:Ii All 3. Subdivision/Model Home Sales Signs Max. Area: 16 sq. ft. Configuration: Wall or Freestanding Max. Number: 1 per entrance Max. Freestanding Height: 4 ft. 17 Special Conditions: Permit valid for six months, renewable. Zone: Any 4. Grand Opening Sign: Max. Area: 16 sq. ft. Configuration: Wall or Window Max. Number: 2 per use. Special Conditions: Permit valid for 30 days Zone: Commercial 5. Liquidation Sale Sign Max. Area: 16 sq. ft. Configuration: Wall or Window Max. Number: 2 per use Special Conditions: Permit valid for 30 days Zone: Commercial Mc3-X-�--AY'B�'--=�a--��-•—� �en�'Yd=-=ram *rlp5 24 S.q,.f Win,.,.,, r-e-i-a-}--z-OTTes I� onfia3lrat_ ion: Wall or Freestanding Max. }dt�m�er�—z ga�propErt} Max*--- anc}ing—H��girt —4—f es en is Special Event: Max. Area: 24 sq. ft. Configuration: Wall, Window or Portable Max. Number: 1 per use Special Conditions: Must be removed within ten days following special event. Permit issued not more than 6o days prior to event. Zone: Commercial Temporary Holiday Lighting: 1 J Max. Area: —Nf}4— AeZ 4e AeelW� iv b2 Configuration: ° lkq� Max. Number: bye special Conditions: Must be removed within 30 days after permit issuance. Maximum intensity of 25 watts. Trim not to exceed 7" in height or width. Zone: �11 Temporary Searchlight Permit: Max. Area: N/A Configuration: N/A Max. Number: 1 Searchlight per property Special Conditions: A temporary searchlight i permii may be used for special events such as, but not limited to, Grand Openings and Premier showings. Such permits may be granted for a maximum period of ten days. The ten days may be consecutive or may occur within a 30 day period. Permit shall be granted one time per year. Zone: 19 Commercial SECTION 108. PLANNED SIGN PROGRAM The following signs must be approved by the Planning Commission: A. Sign illumination shall be approved subject to the following conditions: 1. No lighting shall interfere with traffic or regulatory lighting in color or intensity, nor create confusion for motorists or pedestrians in travel. 2. The intensity of lighting and the hours of operation shall be restricted for sign lighting visible from, directed toward or reflecting upon residential properties. 3. Lighting shall be consistent with existing conforming commercial and/or residential properties. B. For single use buildings with 200 feet or more of frontage, a Planned Sign Program may be approve4which exceeds the maximum aggregate sign area up to a limit of 200 sq. ft., provided that: 1. No single wall sign so approved exceeds 100 �I sq. ft., and no freestanding sign exceeds 24 sq. ft> As -kA r N�ronkS 6 �y 2. Any two signs placed on the same frontage vwvdhayl 2 which taken together exceed 100 sq. ft. shall be separated by no less than one-half the length of the building frontage. C. No planned sign program shall be approved which allows any combination of signs which exceed an overall maximum of 100 sq* ft. per use, except as stated by the provisions of this ordinance. 20 bll 1. 3 Standards: Freestanding Monument: Max. Area: 24 sq. ft. Max. Number: 1 per frontage in excess of 99 ft* for structures less than 4 stories 1 per frontage for structures 4 stories or greater Max. Height: 6 feet Zone: Commercial Window Signs: Max. Area: 25 percent of contiguous window frz�a Max. Number: 2 peY"use Zone: Commercial Wall Signs for multi -use buildings or commercial centers: Max. Area: 1 sq. ft. per 1 lineal foot peArPsn A val 14, h?Cnfi Frontage to a maximum of 100 sq. 1CYTt a PeA' I iineea4 f�feb ft. per street level uses plusAup -fwhkc A WCA')a "V PA Z'6 Pw toA100 sqo ft. for uses not locatedsr-'� at street level which are visible F� from the street, courtyard, or public parking area and which are individually accessible directly from the outside, such as along a common balcony or walkway. 21 A pnaii , n� SiC� Mir1 R' �4ti M lTy� c,v' 4 �.q vitl L 7 Jr YrrNs ` J Ttae W��� b fkrcli C'.0 7�tz rEo,v i �ti za,�cf >jtovt,) � ),414 WALL E✓1C4S A IF f-c- jzr6611—off"-buA t1 Sty' s 1:LA N /�z rKzc i�� cnJ W4 �S VISt.At, jvi vG Fk�4w,r� titGN iS-0r 1t� iN IAL. 'GX[FST,a� ti( of A,;P,�vli Sf?✓t..,� t't>-�'� t.�.a� �; .F E 5r�:�s rye Ns µrT,ui SS2✓rt7 ST,tI.�tiS t�tSPS.v ..vG �L +w) Max. Number: 1 per use per outer wall 5 6. ocat ion: Same as Basic Sign Program pacial Conditions: Sign on rear wall maynexceed :g9�egatz-100 sq. ft. maximum, �-�iiB 2'n-•,���-z�.++„;-�-uviiii v�hET- Businesses with frontages less han 25 feet may be approved for sign area up to 5 sqe ft. one: Commercial Freestanding Monument�Afor commercial centers: Max. Area: Max. Height: 72 sq. ft. 6 feet Max. Number: 1 sign per entrance special Conditions: Shall not be counted toward maximum sign area otherwise permitted. Zone: Commercial Government flags over 12 sq, ft. in area or 6 ft. in height: Max. Area: II Determined by Planning Commission Max. Height: 35 feet Max. Number: Determined by Planning Commission Zone: All Building I.D. Sign: Max. Area: 36 sq. ft. Max. Height: Must be mounted at a height no less than 25 ft. 22 Max. Number: 1 per building Special Conditions: (a) Signs mounted at a building level higher than 45 feet may be no larger than 2% of the vertical exterior wall upon which the sign is located; (b) Up to 4 Building I.D. Signs may be approved for buildings when such signs are mounted at a building height greater than 75 feet, limited to one sign per building side; (c) Up to two Building I.D. Signs may be approved when signs are mounted higher than 45 ft.; (d) Building I.D. Signs larger than 36 sq* ft. may not be used on properties containing freestanding signs; T e) Building I.D. Signs shall not be counted towards maximum sign area; and (f) Building I.D. Signs are allowed only on buildings.the heights of which are no less than 45 feet. Zone: Commercial 7. Civic organization Signs/Institutional Signs: a. Freestanding Monument: Max. Area: 24 sq. ft. in commercial zones 16 sq* ft. in residential zones Max. Height: 4 feet 23 Max. Number: 1 per frontage in excess of 99 feet _. in commercial zones L �''. 1 per frontage along public streets tiWK al.citcAn ae, ��rea{-eY-�. � of 200 feet efz residential —canes— VSeS. Zone: All Special Conditions: Copy may be changeable. Sign must not be located within fifty feet of any residential use. b. Wall Signs: Max. Area: 1 sq. ft. sign area per 1 linear foot frontage, to a maximum of 100 sq. ft. in commercial zones. 1 sq. ft. sign area per 1 linear foot frontage, to a maximum of 50 sq. feet in residential zones. Max. Number: 1 per frontage on public streets. Zone: All Special Conditions: Copy may be changeable. Must not be located within fifty feet of any residential use. 8. Condominium, Subdivision or Rental Community Sign (Permanent): Max. Area: 16 sq. ft. Max. Height:. 4 ft. Configuration: Wall or freestanding monument Max. Number: 1 per frontage in excess of 200 ft. _.: Zone' All Special Conditions: Must not be located within fifty feet of any residential use which is not part of the condominium project, subdivision or rental community located on the property. Height is to be measured from ground level along the base of the sign structure to the top of the sign area. O VhJ 9 . Attraction "etn rri- Board: Max. Area: 24 sq. ft.j'i Max. Height: 6 ft. in commercial zones Configuration: Freestanding monument Max. Number: 1 per frontage along public streets in excess of 99 feet Wall Signs: Max. Area: 1 sqv ft. sign area per 1 ft* r%. frontage along a public street to l 6�/ 1 1 8vl-emed a maximum of 100 sq. ft. Max. Number: 1 per use, except theatre marquees Location: Same as Basic Sign Program Special Conditions: Theatre marquees shall be determined by Planning Commission, TION 110. EXEMPT SIGNS A. Government required traffic and directional signs. Be Official City monument signs located at City limitse such signs shall be submitted for an advisory architectural review by Planning Commission prior to sign installation. C. Monument signs on City park grounds or at City facilities. Such signs shall be submitted for an advisory architectural review by Planning Commission prior to sign installation. D. Entrance/Exit Signs (wall or window): Area: 1 sq. ft. Configuration: Wall or window Number: 1 per entrance plus 1 per exit we Special Conditions: Must be consistent in color, WIC+ background and letteringem� other signs on the property. E. Real Estate Signs: Area: 6 sq. ft. Height: 8 ft. �I Configuration: Freestanding, window (one window sign allowed per ground level lease space) Number: 1 per property special Conditions: Removed upon sale, lease or rent of property. May not be used in conjunction with commercial real estate signs. 26 e F. Nameplate/Address Sign: ____ - _ Area:..- -. ___ 4—sq>_--ft:--- Configuration: Wall Number: 2 per building Special Conditions: May be illuminated with lighting no greater than 25 watts. G. Hours of Operation: Area: 1 sq. ft. Configuration: Wall or window Number: 1 per use H. Incidental Sign: Area: 1 sq, ft. Configuration: Wall�or window Number: 1 per use I. Security Protection: Area: 1 sq. ft. Height: 1 ft. Configuration: Wall or freestanding Number: � 1 per property Special Conditions:�utilize pole uprights. J. No Trespassing Sign: I'1� Area: 2 sq. ft. 1 Height: 2 ft. Configuration: Wall or freestanding Number: 1 per property Special Conditions: May utilize pole uprights. K. Flags: -- —Area: - 12"sq.-ft. per flag Height: 6 ft. Number: 2 per property Special Conditions: Must represent government body or unit and may be pole mounted. L. Warning Signs as required by Federal, State or City regulations: Area: 4 sq. ft. Height: 4 ft. Configuration: Wall or freestanding Special Conditions: May use pole uprights. . M. Signs located within 'the interior of buildings or the interior of malls, when such signs are incapable of being viewed from the outside of said building or mall.. SEZITION 112. PROHIBITED SIGNS less expressly pe 'tted elsewhere in this chapter, the following signs a/pro'bited: A. A ofses or outdoor advertising sign or billboard placed o pproperty for the purpose of advertising a busine '' not on the property upon which the sign is placed. B. lashing, m ing, pulsating, or intermittently lighted si7earchlights, electronic reader boards, time and temperatures signs and Co Signs which conflict with or imitate any traff'6 control- evices-due'to�color,- wording, -design, location or illuminati n, or which interfere with the safe and e£ficie t flow of vehicular and/or pedestrian traffic. D. nimals or human beings, live or simula ed, designed or used o as to attract attention to the p emises. E. Loud peakers, or signs which emit s und, odor, or visible matter other han menu boards. F. Signs wi mechanical movement. G. Roof signs. H. Projecting s ns. I. Permanent pole igns. J. Changeable copy signs, xcept theatre marquees' civic organization/institutional s' s and attraction boards, as specified under the provisions of hi code. K. Banners, non-gov rnmenta flags, kits, pennants, balloons, or other such adver ising devic s or displays. L. Signs which constitute a nui ance or hazard due to such factors as location !intensity of light reflectivity. M. Signs w ich no longer identify a ona fide business conducted the premises. Such signs shell be removed by the owner of t e business or property within sixt (60) days of the business closing date. N. Vehicle signs, trailer signs, signs affixe to automobile trucks, trailers, or other vehicles parked on a property within the City for the principal purpose of advertisi\�riq 29 display s square the bus It is a prima faci violation of this secti if the g medium utilized on the vehicle is a sign, device, or separate from the vehicle, or if the cop is readily and if the device or structure exce ds nine (9) t\ in area and the vehicle is parked n the street or on ss premises to which the advertising relates or in reasonable proximity thereto and the loc ion of the advertising is reasonably calculated to direct an server towards the business. It shal\bensidered tha advertising was the principal purpose parking o the vehicle, notwithstanding the fact that thee is dr en to and from the business premises on a daily base . O. SVor the public right otherwise specif P. P is property or projecting within with an encroachment permit or as ion. as required by law as in the case of fuel salart of me\nu and attraction boards. Q. y other sign or advd\as device, not 1 expressly pe itted by this division. Any sign continuously with individual light bu s or string of lights, exceerwise provided by this s ction. S. Portable signs, unless approved �S Temporary 1 Event Signs. \ SECTION 114. NON -CONFORMING SIGNS N\3011\SiGNORD\DB 3 0 AFT SECTION 114. Non -conforming signs. (A) Intent of provisions. It is the intent of����r�`N section to recognize that the eventual elimination of =Axisting signs that are not in conformity with the provisions of this section is necessary to insure that the City of Diamond Bar maintains the highest level of visual esthetics and community benefits. (B) General requirements. The following requirements shall apply to all advertising displays which satisfy any of the criteria set forth hereinunder. A non -conforming advertising display shall be an advertising display which is not in conformity with the provisions of this Title. All non -conforming advertising displays may be required to be removed, without compensation, by the City if they satisfy any of the following criteria: 1. Any advertising display originally erected or installed without first complying with all ordinances and regulations in effect at the time of its construction and erection or use. 2. Any advertising display which was lawfully erected and whose use has ceased, or the structure upon which the display has been abandoned by its owner, for a period of not less than n1net-y-(-0- days. The costs incurred in removing an abandoned display may be charged to the legal owner. Abandoned advertising displays shall mean, �p0�'h� phiz �.� for purposes of this Subsection, i q j+ any display remaining in place or not maintained for a period of i him -moo) --calendar days which no longer advertises or identifies and on -going business, product, or service available on the business premise where the display is located. 3. Any advertising display which has been more than fifty percent (500) destroyed, and the destruction is other than facial copy replacement, and the display cannot be repaired within thirty (30) days of the date of its destruction. 4. _�A\ advertising display whose owner, outside of a change of copy, requests permission to remodel and remodels that advertising display, t�.expanc)s/or enlarges the building or land use upon which the ad display is affected by the or the cost of constructio advertising display �e�cceed reconstruction o 5 display is located, and the enIargement, remodeling, enlargement; fifty percent (5 building. remodeling of .the of the cost of Any advertising display whose owner seeks relocation thereof and actually relocates the advertising display. I 6. Any advertising display for which there is an agreement between the advertising display owner and the City or County, for its removal as of any specific date. 7. Any advertising display which is temporary. 8. Any advertising display which is or may become a danger to the public or is unsafe. r /L tr /D' 9. Any advertising display which constitutes a - -`; traffic hazard Any on -premises advertising display which does not meet J)Tfl �i T T 'T/pL.�:�,) GoCA()o.�j any of the above -described criteriay3hall be permitted to remain for fifteen (15) years from the effective date of the adoption of this ordinance. (C) New Permits. The City shall not deny, refuse to issue or condition the issuance of a business license or a permit to construct a new legal on -premises advertising display upon the removal, conformance, repair, modification or abatement of any other on -premises advertising display on the same real property where the business is to be or has been maintained if both of the following apply: _. i. Theother display is located within the same commercial complex which is zoned for commercial occupancy or use, but at a different business location from that for which the permit or license is sought. 2. The other display is not owned or controlled by the permit applicant, and the permit applicant is not the agent of the person who owns or controls the other display. (D) Alteration of Non -conforming Advertising Displays. During the fifteen (15) year period during which a non -conforming legally in -place, on -premises advertising display may continue to be used, the City shall not deny, refuse to issue, or condition the issuance of a permit for modification or 3 alteration to the display upon change of ownership of any existing business -cif the modification_or alteration does not include a structural change in the displayX,�N) 711E )=x-T Q-I D Rr Nc,�L ai >v; NCC . (E) Special Circumstances; Height or Size of on -site Advertisingt Displays. No on -premises advertising display shall be required to be removed on the sole inexclusive basis of its height or size if special topographic circumstances would result in a material impairment of visibility of the display or the owner's or user's ability to adequately and effectively continue to communicate to the public through the use of the display. The owner or user may maintain the advertising display at the business premises and at a location necessary for continued public visibility at the height or size at which the display was previously erected pursuant to all applicable codes, regulations and permits. Such signs shall be deemed to be in conformance with this Title. (F) On -premises Advertising Display Abatement. The City Council may declare, by resolution, as public nuisances and abate all iilegal on -premises advertising displays located within its jurisdiction. For purposes of this Section, illegal on -premise advertising displays shall be those described in Subsection B, above. The resolution shall describe the property upon which or in front of which the nuisance exists by giving its lot and block number according to the County Assessor's map and street address, if known. Any number of parcels of private property may be included in one resolution. 3 1. Notice of Hearing. Prior -to the adoption of the resolution by the City Council, the City Clerk shall send not less than a ten (10) days' written notice to all persons owning property described in the proposed resolution. The notice shall be mailed to each person on whom the described property is assessed on the last equalized assessment roll available on the date the notice is prepared. The notice shall state the date, time and place of the hearing and generally describe the purpose of the hearing and the nature of the illegality of the display. 2. Posting of Notice. After adoption of the resolution, the enforcement officer shall cause notices to be conspicuously posted on or in front of the property on or in front of which the display exists. (a) Form of notice. Notice shall be substantially in the following form: NOTICE TO REMOVE ILLEGAL ADVERTISING DISPLAY Notice is hereby given that on the 19 , the City Council of the City of Diamond Bar adopted a resolution declaring a resolution that an illegal advertising display is located on or in front of this property which constitutes a public nuisance and must be abated by the removal of the illegal display. Otherwise, it will be removed, and the nuisance abated by the City. The cost of removal will be assessed upon the property from or in front of which the display is removed and will constitute a lien upon 5 the property until paid. Reference,is hereby made to the resolution for further particulars. A copy of this resolution is on file in the Office of the City Clerk. All property owners having any objection to the proposed removal of the display are hereby notified to attend a meeting of the City Council of the City of Diamond Bar to be held on at a.m./p.m. at ( location_ ), when their objections will be heard and given due consideration. Dated this day of 19 Title City of Diamond Bar (b) This notice shall be posted at least ten (10) days prior to the time for hearing objections by the City Council of the City of Diamond Bar. (c) Written Notice of Proposed Abatement. In addition to posting notice of the resolution and notice of the meeting when objections will be heard, the City Council shall direct the City Clerk to mail written notice of the proposed abatement to all persons owning property described in the resolution. The Clerk shall cause the written notice to be mailed to each person on whom the described property is assessed Gf in the last equalized assessment roll available on the date the resolution was adopted by the legislative body. The City Clerk shall confirm with the County Assessor the names and addresses of all the persons owning property described in the resolution. The addresses of the owners shown on the assessment roll is conclusively deemed to be the proper address for the purpose of mailing the notice. I£ the County of Los Angeles poses any charges upon the City for the actual costs of furnishing the list, the City shall reimburse the County, and such costs shall be a part of the cost of abatement assessed against the property owner. The notices mailed by the City Clerk shall be mailed at least ten (10) days prior to the time for hearing objections by the City Council. The notices mailed by the Clerk shall be substantially in the form of the form of notice set forth hereinabove. (G) Hearing; Continuances; Objections; Finality of Decision; Order to Abate. At the time stated in the notices, the City Council shall hear and consider all objections to the proposed removal of the on -premises advertising display. It may continue the hearing from time to time. By motion or resolution at the conclusion of the hearing, the legislative body shall allow or overrule any objections. At that time, the legislative body acquires jurisdiction to proceed and perform the work of removal. 7 The decision of the legislative body is final. If objections have not been made, or after the City Council has disposed of those made, the Council shall order the enforcement officer to abate the nuisance by having the display removed. The order shall be made by motion or resolution. (H) Entry Uoon Private Property. The enforcement officer may enter private property to abate the nuisance. Costs. (I) Removal � Owner; Special Assessment and Lien for Before the enforcement officer takes action, the property owner may remove the illegal on -premises advertising display at the owner's own cost and expense. Notwithstanding such action, in any matter in which an order to abate has been issued, the City Council may, by motion or resolution, further order that a special assessment and lien shall be limited to the costs incurred by the City in enforcing abatement upon the property, including investigation, boundary determination, I measurement, clerical, and other related costs. (J) Cost of Abatement, Itemization. 1. The enforcement officer shall keep an account of the cost of abatement of an illegal on -premises advertising display in front of or on each separate parcel of property where the work is done. He or she shall submit to the City Council, for confirmation, an itemized written report showing that cost. 0 2. A copy of the report shall- be posted at least three (3) days prior to its submission to the City Council, on or near the City Council chambers door, with notice of the time of submission. 3. At the time fixed. for receiving considering the report, the City Council shall hear it with any objections of .the property owners liable to be assessed for the abatement. The City Council may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution. (K) Abatement by Contract. The nuisance may, in the sole discretion of the City Council, be abated by performance on a contract awarded by the City Council on the basis of competitive bids let to the lowest responsible bidder. The contractor performing the contract shall keep an itemized account and submit such itemized written report for each separate parcel of property acquired by Subsection J, above. (L) Cost of Abatement; Special Assessment and Lien. 1. Cost of abatement in front of or upon each parcel of property, and the cost incurred by ,the City in enforcing abatement upon the parcel or parcels, including investigation, bond redetermination, measurement, clerical, and other related costs, are a special assessment against that parcel. After the assessment is made and confirmed, a lien attaches on the parcel upon recordation of the order confirming the assessment in the L•7 office of the Los Angeles County Recorder-. In the event any real property to which a lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if the lien of a bona fide incumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the assessment would become delinquent, the lien which would otherwise be imposed by this Section shall not attach to the real property and the costs of abatement and the costs of enforcing abatement, as confirmed, relating to the property shall be transferred to the unsecured roll for collection. 2. Upon confirmation of the report, a copy shall be given to the County Assessor and Tax Collector, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes. 3. The City shall file a certified copy of the report with the County Assessor, Tax Collector and County Auditor on or before August 10th of each calendar year. The description of the parcels reported shall beIthose used for the same parcels on the Los Angeles County Assessor's Map Books for the current year. 4. The City shall request the County Auditor to enter each assessment on the County tax roll office at the parcel of Land. The City Shall further request the County Auditor to collect the amount of the assessment at the time and in the manner of ordinary municipal taxes. Any delinquencies in the 10 amount due are subject to the same penalties and procedures of foreclosure provided for ordinary municipal taxes. The City Council may determine that, in lieu of collecting the entire assessment at the time and in the manner of ordinary municipal taxes, incremental assessment of Fifty Dollars ($50.00) or more may be made in annual installments, not to exceed five (5) installments, and collected one installment at a time at the time and in the manner of ordinary municipal taxes in successive years. The amount of any delinquent installment shall be subject to the same penalties and procedures for foreclosure and sale provided for ordinary municipal taxes. The payment of assessments so deferred shall bear interest on the unpaid balance at a rate to be determined by the City Council, but not to exceed six percent (6%) per annum. The City acknowledges that the County Tax Collector, at his or her own discretion, may collect assessments without reference to the general taxes by issuing separate bills and receipts for the assessments. It is acknowledged that the lien of assessment has the priority of the taxes with which it is collected, and further, that all laws relating to levy, collection and enforcement of County taxes apply to these special assessments. (M) Issuance of Receipts for Abatement Costs. The enforcement officer may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the report and until ten (10) days before a copy 081 is given to the Assessor and Tax Collector or, where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. (N) Refund of Assessments. The City Council may order a refund of all or part of an assessment pursuant to this Title if it finds that all or part of the assessment has been erroneously levied. An assessment, or part thereof, shall not be refunded unless a claim is filed with the City Clerk on or before November 1 after the assessment has become due and payable. The claim shall be verified by the person who paid the assessment or by the person's guardian, conservator, executor or administrator. \ L\1G1110RDSIGN\DB b.6 1 z _ 1 City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: REPORT DATE: January 24, 1991 MEETING DATE: January 28, 1991 CASE/FILE NUMBER: TT 47722/CUP 89-338/EIR 91-1 APPLICATION REQUEST: A request to allow a subdivision of an existing 19 acre parcel into 13 residential lots, a Conditional Use Permit (CUP) for hillside management review and review of an Environmental Impact Report. PROPERTY LOCATION: Northwest Corner of Derringer Lane and Ridgeline Road PROPERTY OWNER: Piermarini Enterprises, Inc. 2100 South Reservoir Pomona, CA 91766 (714) 590-4809 APPLICANT: Hunsaker & Associates 10179 Huennekens Street San Diego, CA 92121 (619) 558-4500 BACKGROUND: This application is -for the approval of a tentative tract map to devel- op thirteen (13) single famiay custom homes on a nineteen acre site. (Exhibit "A") The Conditional Use Permit (CUP) is required for hill- side management review. This proposed project has been substantially revised from a previous submittal reviewed by the Planning Commission in October, 1990. The previous submittal was for a tentative map to develop sixteen homes on nineteen acres, a CUP for hillside management and an Oak Tree removal permit for the destruction of ten Oak Trees. The original submitted project was denied by the Planning Commission on October 24, 1990. The proposed project has been developed in conformance with statements made by -the Planning Commission and staff pertaining to the concerns relative to the former project, aswell as, responding to the environ- mental protection of sensitive areas and hillside development, in gen- eral, as outlined in the City's recently adopted interim hillside de- velopment control ordinance. The proposed project has been adjusted to meet several concerns of the City as follows: January 28, 1991 Agenda Page Two 1. The original density of the project has been reduced by sixteen percent. 2. The overall grading of the project has been reduced and now con- forms to "land form" grading concepts, as outlined within the new Hillside Ordinance, 3. The requirement for several crib walls has been eliminated. 4. The new project configuration now saves and maintains all existing Oak Trees on the project site. 5. The Environmental Impact Report (EIR) has been amended in order to respond to a variety of concerns outlined by staff at the October, 1990 public hearing, as well as provide for a thirteen unit alter- native design which has become the preferred alternative to the original project proposal. APPLICATION ANALYSIS: The project is located on a vacant nineteen acre irregularly shaped parcel. The project is bounded by the wear property lines of existing single family homes, fronting onto Hollow Drive, Coyote Springs Drive, Bronze Knoll Road, Ridgeline Road with access from Derringer Lane. The site consists of hilly terrain. A detailed slope analysis map has been provided which indicates that the slopes range from zero percent to over thirty-five percent. (Exhibit "C-111, AND "C-2") A thirty inch Southern California Gas Company high pressure pipeline traverses the southerly portion of the site. The property is zoned R-1-10,000. The Community Plan designation is Non -Urban Residential (one unit or less per acre). The project propos- es thirteen units on nineteenlacres, which translates to 1.46 acres per lot. The lots range in size from .5 gross acres to 3.4 gross acres. The lots proposed will be developed with pads that range from .28 acres to .48 acres in size. These building pads will be developed with sin- gle family residential structures which will range in size from approx- imately five thousand to ten thousand square feet. Exhibit "D" illus- trates the proposed building envelopes on each pad for purposes of house siting. Parcels 2, 3, and 4 have been developed with a "stepped" pad in order to reduce the bulk of the home and break up the building mass. To complete the project, under its current design, approximately 170,000 cubic yards of earth will be disturbed as a result of on -site grading. The quantity of grading necessary has been reduced with the lower density project now before the Planning Commission. The project now incorporates land form grading, which provides for a variety of January 28, 1991 Agenda Page Three slope percentages and slope direction, in an undulating pattern which is similar to existing adjacent terrain. Grading plans indicate a bal- anced cut and fill of the site. No import or export of material will be required, other than the exportation of some of the natural grasses on the site. Hard edges, which would have been left by the previous cut and fill proposal, will now be given a rounded appearance that more closely resembles the adjacent natural contours. The reduction of grad- ing not only respects the natural terrain, but minimizes grading to the extent that all Oak Trees on the site will now be preserved. Slopes throughout the project site will have variable ratios from 1.5:1 to approximately 3.5:1. The grading concept, as proposed, closely re- flects the philosophy and policies within the Interim Hillside Develop- ment Standards, which were adopted by the City Council in November, 1990. In addition to Oak Tree preservation, the conceptual landscape plan now indicates that approximately four hundred additional trees will be planted on the site. The trees to be planted will vary in size through- out the project, utilizing a format that would provide for a mixture of species type and size. (Exhibit "F") The conceptual landscape plan illustrates the approximate location and massing of the landscaping materials. The project is served by a single cul-de-sac street which extends ap- proximately fourteen hundred feet from,.,the intersection of Derringer Lane . The slope of the street ranges from one percent to fifteen per- cent (1%-15%). At the terminus of the cul-de-sac, a driveway of ap- proximately three hundred feet has been created to service Lot Eight. In addition, a secondary fire access is now provided from the driveway adjacent to Lot Eight, extending through to Bronze Knoll Road. ENVIRONMENTAL ASSESSMENT: A Draft Environmental Impact Report (DEIR) has been prepared for the proposed project. The applicant selected and retained the firm of D. G. King Associates, as its environmental consultant, and the DEIR was prepared by D. G. King Associates. The DEIR assesses the potential physical environmental impacts associated with the sixteen unit resi- dential hillside development project as original proposed, as well as several alternative projects to the original proposal. The thirteen unit project discussed previously is one of the alternatives described within the EIR. The thirteen unit alternative reduces the affects on the environment, specifically, by reducing the amount of grading re- quired for the project, as well as retain the existing Oak Trees on the site. The revised project also reduces the number of dwelling units by approximately sixteen percent. However, that in itself is not deemed to be a significant affect, with respect to lessening the im- pacts on the environment. In accordance with § 15164 of the Administrative Code, staff considers the changes contained within the revised EIR to constitute an Addendum t0 the DEIR. Several minor corrections have been made within the EIR; January 28, 1991 Agenda Page Four the most significant of which is the addition of the thirteen unit al- ternative project which has become the preferred alternative for pur- poses of environmental review. To initiate the environmental review process, the City staff prepared an initial study, which is a checklist that establishes the technical focus of the DEIR, a Notice of Preparation (NOP) was prepared to inform selected agencies of the project and to solicit their comments or con- cerns. Those comments or concerns have been incorporated and responded to within the DEIR. The Draft Environmental Impact Report has been prepared and submitted to the City for review. A Notice of Completion (NOC) and availability of the DEIR was given to all organizations and individuals who had previously requested it. The effect upon the environment must be taken into account when consid- ering any specific development project such as the application present- ly before the Commission. The California Environmental Quality Act (CEQA) states that public agencies should not approve projects proposed if there are feasible alternatives or feasible mitigation measures that would lessen the significant measures upon the environment. In Octo- ber, 1990, the City Planning Commission reviewed a sixteen unit propos- al and concluded that the project was not appropriate for the site. Since that time, staff has worked with the developer and his new engi- neering consultant toward the creation of an alternative project that mitigates the impacts to the environment and surrounding properties, meets the hillside development standards contained within our recently adopted ordinance, and provides for an overall improvement to the sub- division design. The DEIR was revised .to identify the environmental impacts related to geology, topography, hydrology, biological resources, aesthetics, fire protection and other issues. Grading has been reduced from approxi- mately 204,000 cubic yards of earth material to the most recent esti- mate of 170,000 cubic yards. i The majority of crib walls have been eliminated, with the exception of a necessary crib wall, adjacent to the entry driveway to the project. Additionally, a crib wall is proposed near the most northerly corner of the project adjacent two homes on Coyote Springs. This second crib wall may be eliminated, subject to successful negotiation between the applicant and the adjacent property owners, toward development of a drainage system that eliminates the need for the crib wall. An alter- native proposed, not only eliminates the crib wall, but extends the rear yard area of three homes facing Coyote Springs, The Draft Environmental Impact Report presented to the Planning Commis- sion in October, 1990, contained a significant number of supplemental and/or revised pages, including a variety of changes submitted in the month prior to public hearing. Attached to this new proposal is a re- vised DEIR with all corrections provided in revised pages, prepared by the environmental consultant. Alternate project designs have now been January 28, 1991 Agenda Page Six 5. The proposed map and improvements of the proposed subdivision are consistent with the Community Plan and policies as set forth with the Hillside Ordinance. 6. The site is physically suited for the proposed thirteen unit'sub- division and development. JDS:pjs Attachments: Exhibit A - Tract Map Exhibit B - Sections Exhibit C-1 - Slope Analysis Exhibit C-2 - Slope Analysis Exhibit D - Building Envelope Exhibit E - Land Use Map Exhibit F - Conceptual Landscape Plan Exhibit G - Radius Map Exhibit H - CAD Perspective Drawing r Exhibit I - CAD Perspective Drawing Revised EIR, dated 1-18-91 Supplemental Environmental Impact Report Pages dated January 23, 1991 Resolution of Approval January 28, 1991 Agenda Page Five explored in terms of further reducing the impacts associated with the original project, and from that exploration has evolved a thirteen unit project, which is preferred by the staff over the original sixteen unit proposal. PUBLIC HEARING NOTICE: A notice of public hearing was mailed to approximately 130 property owners surrounding the site, on January 18, 1991. Additionally, a no- tice of this public hearing was published within the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on January 7, 1991. CONCLUSION: In the opinion of staff, the project has significantly improved from the prior submittal. Staff feels that the proposed project now con- forms with the philosophy of the Hillside Ordinance and is appropriate- ly designed for the site. We believe the proposed project mitigates the concerns of the previous submittal and is compatible with the sur- rounding residential community and physical environment. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Reso- lution which approves the Environmental Impact Report (EIR 91-1), CUP 89-338 for hillside management review and Tentative Tract Map 47722, with the following finding of fact, and the listed conditions. Findings of Fact (to support recommendations): I 1. The Planning Commission finds the Environmental Impact Report has been completed in compliance with CEQA and that the Commission has reviewed and considered the information contained within the Envi- ronmental Impact Report. 2. The Planning Commission finds that changes or alterations have been incorporated into the project which mitigate or avoid the significant environmental impacts as identified within the EIR. 3. The proposed project is compatible with the natural scenic and open space resources of the area. 4. The proposed development demonstrates creative and imaginative design resulting in a complementary visual quality, which will benefit current and future community residents. Addendum Materials for Revised EIR Tentative Tract No, 47722 13 Lots - 19.08 Acres City of Diamond Bar Mr. Jim DeStefano, Director of Planning 21660 E. Copley Drive Diamond Bar, California 91765 January 23, 1991 re: Additional Information requested and minor corrections to Revised Draft EIR prepared for Tentative Tract No. 47722 (13-Lot Alternative Design) Dear Mr. DeStefano: Attached for your review and use is the Project Engineer's computerized cut and fill analysis prepared for the 13-lot alternative design for Tentative Tract 47722. Also attached are ten copies of three replacement pages to be inserted in the Revised EIR. They reflect the following corrections which were discovered on a page by page reading of the final printed report: 1. Page (i) - Preface: Correction of wording on items no. 2 and no.4. 2. Page 5-5 - Alternative Design Project Description: Same correction as above 3. Page 1-6 - Zoning and Land Use: r Chart has been corrected to reflect current zoning of property (R-1-10,000). The correct zoning is found throughout the balance of the report. To facilitate your use of the proposed mitigation measures as possible Conditions of Approval for the 13-Lot Alternative Design for Tentative Tract 47722, we have taken the various measures (as originally proposed) and made the necessary adjustments in wording so that they are applicable to the new alternative. Ten copies are attached. These mitigation measures can be included among the formal Conditions of Approval attached to the 13-Lot Design Alternative for Tentative Tract 47722 and the accompanying Conditional Use Permit (C.U.P. No. 89338) issued by the City of Diamond Bar. Used in conjunction with all standard Conditions of Approval commonly attached to a tentative residential map, these measures will be fully adequate to mitigate to an acceptable level any foreseeable impact determined to be potentially significant. In this way, the City of Diamond Bar will comply fully with the requirements of the California Environmental Quality Act (CEQA). Beyond the requirements of CEQA, certain impacts which have been determined not to be initially significant have been reduced even further where possible through a number of the mitigation measures proposed. If you have any questions or need additional on this project, please call. , *- DoAna M. West Senior Associate SIncerely DMW/wrw information prior to the scheduled Public Hearing A California Corporation ❑ Land Planning and Design ❑ Environmental Ar}�� iy 10722 Arrow Route, Suite 616, Rancho Cucamonga, California 91730 (714) 987.70�7 Revised Draft Environmental Impact Report Tentative Tract No. 47722 - City of Diamond Bar Preface The project of focus, Tentative Tract No. 47722, is not a new project. It is a project previously submitted to the City of Diamond Bar, which has been revised to mitigate the environmental concerns noted in the original review. In addition, while the original project was under review, the grading standards within the Zoning Ordinance were altered by the City. The original design submitted could not meet these standards with the design submitted nor was any design alternative which could meet these standards included in the original EIR. Subsequent to the action of the Planning Commission denying the original design, the Applicant, with the assistance and guidance of the City did develop an alternative design to the original configuration of Tentative Tract No. 47722 which does meet the new grading standards. This alternative design was also adjusted to meet the environmental concerns of the Planning Commission as follows: 1. The overall density of the project has been significantly reduced (16 % ) 2. The overall visual impact resulting from grading of the project has been significantly reduced. 3. The grading now conforms to "landform grading" concepts. 4. The required number of "crib walls" has been significantly reduced. 5. The revised EIR now.includes both a 2 unit and 13 unit design which have now been included among the alternatives. I This report is a revision and expansion of an original environmental impact report prepared and previously reviewed by the City of Diamond Bar. The concerns in the original review have caused revision of the original project design, expansion of this report and the additional of two alternatives to the original project. During review and analysis of the original project it was determined that one of the -, alternatives discussed verbally was actually preferred by both the City and the Applicant. This alternative is therefore afforded a much more detailed analysis than would have otherwise been the case. From the viewpoint of community design, community standards and environmental quality, the expanded alternative has now become the "preferred" alternative. Page-i Revised Draft Environmental Impact Report Tentative Tract No. 47722 - City of Diamond Bar Zoning and Land Use The project conforms to the density and land use specified in the existing zoning, General Plan and Community Plan designations for the City of Diamond Bar. No amendment in zoning, land use designation or any other variance is required. Although none of the lots are proposed as "flag" lots or contain other significant dimensional irregularities, several of the lots do function as flag lots even though they provide legal frontage along private access roads. Specifically, the Zoning and Land Use designations currently in effect are met as follows: Adopted General Plan Adopted Zoning: Community Plan Related Permits Non -Urban Uses -1.0 D.U./Acre or less R-1-10,000 -- R-1-10,000 Non -Urban Uses -1.0 D.U./Acre or less Because the project area contains slopes of 25 % or greater, a Conditional Use Permit for the local equivalent of the Los Angeles County's Hillside Management requirement is requested concurrently with Tentative Tract approval. Conditions for development in accordance with County Hillside Standards has been meet by Tentative Tract No, 47722, Page 1 - 6 1.0 Executive Summary Revised D,{aft Environmental Impact Report Tentative Tract No. 47722 - City of Diamond Bar Alternative Design Project Description This design alternative for Tentative Tract 47722 consists of a 13-lot residential subdiviOw" which was prepared in response to environmental and other concerns raised by the City Staff and Planning Commission upon receipt and consideration of the original 16-lot proposal. While the density is, by total percentage, significantly (16%) less than the original tract, the primary goal was to develop a design alternative which was realistic as a project alternative that met the Cities newly developed grading and hillside project standards. The resulting decrease in density was largely a function of meeting the new local development criteria. This alternative design was developed concerns and objectives of the Planning Commission as follows: 1. The overall density of this alternative project has been significantly reduced (this design alternative proposes 84% the density of the original tract). 2. The overall visual impact resulting from grading of the project has been significantly reduced. I 3. The grading now conforms to "landform grading" concepts. 4. The required number of "crib walls" has been significantly reduced. 5.0 Project Alternatives Pages-5 Proposed Mitigation Measures Tentative Tract No, 47722 13 Lots - 19.08 Acres Y-A. Existing soil instabilities shall be corrected by remedial grading in conformance with the approved Final Design and approved Grading Plan for Tentative Tract 47722. 1-B. !t is proposed that unstable material in these areas will be removed, replaced and compacted to the ultimate grade shown on the Final Approved Design of Tentative Map. Deposits of alluvium and colluvium will be removed and compacted as directed by the soils engineer. Y-C. Major fill slopes around the periphery of the site are to be installed at slope ratios of 2 to 1 and some interior fill slopes will be at 1-112 to 1 slope. 1-D. All slopes are to be constructed in accordance with adequate stability requirements of both the soils consultant and"the City Engineering Department. 1-E. Total grading on site is to be balanced on site in a stable cut and fill arrangement, according to the provisions of Tentative Tract Map No. 47722 and the accompanying Grading Plan, subject to the approval of the Engineering Department of the City of Diamond Bar, 1-F. All grading operations shall conform to the requirement of the City of Diamond Bar and the standards grading specifications and recommendations presented in the Preliminary Soils and Geologic Report, pages 5 - 13, During grading operations, special consideration will be given to areas near and around the 30-inch high pressure gas line in accordance with the recommendations of the soils engineer for this project, any additional requirements of the City of Diamond Bar and the standards of the Southern California Gas Company and related regulatory agencies. Page 1 Proposed Mitigation Measures Tentative Tract No, 47722 13 Lots - 19.08 Acres 2-A. The City of Diamond Bar utilizes the Uniform Building Code. This set of building regulations contains design and construction standards adequate to mitigate any potential seismic impacts to a level not considered to be significant. 2-B. In accordance with the proposed design of Tentative Tract No. 47722, no portion of the existing or replacement line will underlie any primary or secondary structures. 3-A. Gunite swales will control on site drainage and deliver run-off to existing drainage systems already constructed in the residential areas abutting the site. 3-B. During grading and construction activities, revegetation of disturbed or newly constructed slopes should be done as quic7dy as is feasible to prevent undue erosion and lessen any non -point pollution impacts to surface run-off. 3-C. Landscaping and necessary irrigation facilities will be installed as early as is feasible to stabilize top soil and prevent excessive surface water erosion of newly placed soil. 3-D. Adequate storm drain facilities will be provided to accommodate increased run-off and further minimize soil erosion. I 3-E. Landscaping will be with water -efficient plants, in accordance with the accompanying landscape plan, subject to approval by the City of Diamond Bar, 3-F. To aid in water recharge, natural drainage areas will be preserved in open space areas and natural drainage systems will be incorporated, wherever feasible. Page 2 Proposed Mitigation Measures Tentative Tract No, 47722 13 Lots - 19.08 Acres (Limited to short term noise impacts) 4-A. The operation of heavy grading equipment will be limit to specified hours of operation an site access in accordance with the adopted Standards of the City of Diamond Bar. No activity will occur prior to 6:00 a.m. or after 7:00 p.m. 6-A. An Oak Tree Survey has been conducted in compliance with the requirements of the County Department of Regional Planning. Copies of the survey report have been submitted to the City of Diamond Bar as part of the technical material on file for this application. 6-B. Replacement of all Oak Trees removed will be made at a ratio suitable to the City of Diamond Bar with healthy and otherwise suitable specimens of a size and quantity as required by the City of Diamond Bar, 6-C. Irrigation for the replacement trees will be provided for a period of three years which they become established in place and develop the necessary feeder root system ensuring self-sustainance. Irrigations facilities will be installed as appropriate on slope areas and maintained by an association of project homeowners. 6-D. Landscaping for individual homes, view screening for the purpose of affording privacy to adjacent residences and planting of all common space areas (covered in the grading process) will be done by the developer from the proposed pallet of water efficient, biologically adapted and regionally hardy plants materials subject to approval by the City of Diamond Bar, Page 3 Proposed Mitigation Measures Tentative Tract No, 47722 13 Lots - 19.08 Acres Additional trees from a pallet of suitable evergreens proposed in the Conceptual Landscape Plan (as approved by the City of Diamond Bar) will be planted as a visual buffer as required. 7-B. Actual placement and orientation of individual custom homes will depend on such factors as degree of slope, soil stability, view potential both from the site and as viewed from off the project site 7-C. The visual quality of home design and structural amenities proposed will meet or exceed those found throughout "The Country". 7-D. Colored elevations illustrating the scale and amenities of the homes and landscape detail proposed for Tentative Tract No. 47722 and will be presented to the City of Diamond Bar for review and consideration prior to Public Hearing on this project. (Applicable Mitigation Measures from Section 4.6 Biological Impacts are as follows:) 6-A. An Oak Tree Survey has been conducted in compliance with the requirements of the County Department of Regional Planning. Copies of the survey report have been submitted to the City of Diamond Bar as part of the technical material on file for this application. 6-8. Replacement of all Oak Trees removed will be made at a ratio suitable to the City of Diamond Bar with healthy, and otherwise suitable specimens of a size and quantity as required by the City of Diamond Bar. 6-C. Irrigation for the replacement trees will be provided for a period of three years which they become established in place and develop the necessary feeder root system ensuring self-sustainance. Irrigations facilities will be installed as appropriate on slope areas and maintained by an association of project homeowners. 6-D. Landscaping for individual homes, view screening for the purpose of affording privacy to adjacent residences and planting of all common space areas (covered in the grading process) will be done by the developer from the proposed pallet of water efficient, biologically adapted and regionally hardy plants materials subject to approval by the City of Diamond Bar, Page 4 Proposed Mitigation Measures Tentative Tract No, 47722 13 Lots - 19.08 Acres 8-A. The developer will bear the cost of providing new underground conduit, transformers, slab boxes, primary conductor and easement right-of-way. 8-B. Initial costs for the installation of phone service to the project wit! be provided by the developer in anticipation of reimbursement by General Telephone (after service is established) through various programs offered by the telephone company. 8-C. Utility costs and disruption during construction and future repair will be minimized through the coordination of a joint trench which houses both electrical and telephone lines, wherever possible. 8-D. The developer will pay all costs required Sanitation District connection fees. 8-E. Adequate access for emergency vehicles and turning radius at the end of each cul de sac will be provided. 8-F. The developer will pay school fees as may be levied by the Walnut Valley Unified School District 9.- A. Construction shall be suspended in the vicinity of any cultural, historical or prehistorical resource encountered during development of the site and leave the resource in place until a qualified archaeologist can examine the find and determine proper method of handling the artifact for placement in an appropriate repository. Page 5 RESOLUTION NO. PC 91-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING ENVIRONMENTAL IMPACT REPORT 91-1 AND CONDITIONAL USE PERMIT 89-3381 AND TENTATIVE TRACT MAP 47722 TO DEVELOP A THIRTEEN LOT RESIDENTIAL DEVELOPMENT ON A NINETEEN ACRE SITE LOCATED WEST OF DERRINGER LANE, NORTH OF RIDGELINE ROAD ADJACENT TO THE COUNTRY DEVELOP- MENT, DIAMOND BAR, CALIFORNIA AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. i. Piermarini Enterprises has filed an application requesting the issuance of a Conditional Use Permit (CUP), Tentative Tract Map approval, and has submitted an Environmental Impact Report, analyzing the above -mentioned development project, as described in the title of this resolution, (the project) hereinafter ii. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of Califor- nia. On said date, pursuant to the requirements of the Cali- fornia Government Code § 57376, Title 21 and 22, the City Coun- cil of the City of Diamond Bar adopted it 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. iii. Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application, as to consistency to the General Plan, pursuant to the terms and provisions of California Gov- ernment Code § 65360. iv. A duly noticed publiclhearing on the above -referenced applica- tion was conducted and concluded on January 28, 1991, prior to the adoption of this Resolution. v. All legal prerequisites prior to this Resolution have occurred. B. Resolution. Now, therefore, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Commission hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above -referenced public hearing, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The project relates to a site which is comprised of ap- proximately nineteen acres of vacant hillside land within the R-1, 10,000 and R-1, 40,000 zoning district and is designated by the Community Plan for non -urban residential development, in one unit or less per acre. The site is generally located west of Derringer Lane, north of Ridge - line Road, and both east and south of The Country (devel- opment). The site consists of hilly terrain. A slope analysis indicates that the acreage contains slopes which range from zero to over thirty-five percent. A thirty inch in diameter Southern California Gas Company high pressure gas line traverses the southerly portion of the site. The applicant's proposal is for a subdivision of thirteen lots, which will range in size from .5 gross acres to 3.4 gross acres. Building pads range in size from .28 acres to .48 acres. The building units planned for the pads range in size from five to ten thousand square feet. b. The property to the north and west of the project site is zoned R-1-8,000 and presently is developed with detached single family residential dwelling units. The property to the east and south of the project site is zoned R-1-40,000 and presently is vacant and undeveloped. c. The Planning Commission hereby certifies that Environmen- tal Impact Report (EIR 91-1) has been completed in compli- ance with the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereun- der, and, further, that the Planning Commission has re- viewed and considered the information contained in said Environmental Impact Report (EIR 91-1). d. The Planning Commission hereby finds that changes or al- terations have been required in, or incorporated into, the project which mitigate or avoid the significant environ- mental impact therof as identified in said Environmental Impact Report, Number EIR 91-1. e. The property is depicted within the Community Plan, as non -urban residential. There is a reasonable probability that the project, as proposed, will be consistent with the proposed General Plan. f. The site is physically suitable for the type of develop- ment being proposed as depicted within the Exhibits and as conditioned herein g. The design of the subdivision and the proposed improve- ments will not cause substantial environmental damage or substantial avoidable injury to .wildlife or their habitat. Project impacts have been identified within the Environ- mental Impact Report and mitigation measures have been proposed and are referenced herein. h. The design of the subdivision and the type of improvements will not cause serious public health problems. i. The site is physically suitable for the proposed type of density and development. j. The design and improvements of the proposed subdivision will not conflict with public easements for access through or use of property within the proposed subdivision. k. The use applied for at the location set forth in the ap- plication is properly one for which a conditional use per- mit is authorized by the Los Angeles County Code. 1. The use is not detrimental to the existing uses or to uses specifically permitted within the zone in which the pro- posed use is to be located. m. The use will be compatible with other uses in the general area in which the use is proposed to be located. n. The site for the proposed use is adequate in size and shape to accomodate the uses in all of the yards, set- backs, walls, fences, landscaping and other features re- quired to adjust the use to the existing or future uses permitted in the neighborhood. o. The site for the proposed use relates to streets and high- ways properly designed and improved to carry the type and quantity of traffic generated or to be generated by the proposed use. p. The conditions imposed are necessary to protect the public health, convenience, safety and welfare. q. Based upon the substantial evidence and conclusions set forth herein above, and conditions set forth below in this Resolution, presented to the Commission, public hearing as set forth above, this Commission, in conformance with the terms and provisions of California Government Code Section 65360, hereby finds the following conditions as deemed ne- cessary to protect the public health, safety, and general welfare and are reasonable and proper. 1. The development shall conform to all plans as submit- ted to and approved by the Planning Commission label- ed as Exhibits A -I. 2. The development shall incorporate all mitigation mea- sures and conditions as described within EIR 91-1. 3. A mitigation monitoring plan shall be developed by the applicant for review by the City prior to issu- ance of any grading permit. 4. A final and detailed landscape and full -coverage au- tomatic irrigation system shall be provided prior to the issuance of building permits and subject tot he approval of the Director of Planning. Tree staking, soil preparation and planting detail shall be shown on final landscape plans. Water conservation design and maintenance and drought tolerant landscape plant- ing shall be incorporated whenever feasible into the final design of the landscape and irrigation plans for the site. 5. Textured concrete paving shall be provided at the project entry, subject to the approval of the City, to break up large masses of asphalt/concrete areas. 6. The lighting fixtures adjacent to interior property lines shall be approved by the Director of Planning as to type and height of fixtures. 7. All slope planting and irrigation shall be continu- ously maintained in a healthy and thriving condition by the developer until each individual unit is sold and occupied by the buyer. Prior to releasing occu- pance for those units, and inspection shall be con- ducted by the Planning Department to determine that the planting is in satisfactory condition. 8. All off -site, landscaping, grading, and other im- provements shall be completed prior to the occupancy of any unit. 9. Erosion control plans for all slopes adjacent to ma- jor arterial and collector roadways shall be submit- ted at the time of Grading Plan Review and be ap- proved by the City Engineer. 10. Grading shall be in significant conformance to the Tentative Tract Map and the proposed grading that is approved by the Planning Commission. Surety shall be posted to the satisfaction of the City Engineer and the City Attorney to guarantee completion of the grading within the project. 11. Prior to the issuance of a Grading Permit, a complete hydrology and hydraulic study shall be prepared by a Registered Civil Engineer to the satisfaction of the City Engineer. 12. Emergency secondary access shall be provided adjacent to Lot 8 in accordance with the Los Angeles County Fire Department Standards and the City. 13. Exterior construction activities (grading, framing, etc.) shall be restricted to 7:00 a.m. to 5:00 p.m. Monday through Saturday, except that interior con- struction activities shall not be limited. All con- struction equipment shall be property muffled to re- duce noise levels. Transportation of equipment and materials and operation of heavy grading equipment shall also be limited to the hours of 7:00 a.m. to 5:00 p.m.' All equipment staging areas shall be sited on the subject property. Dust generated by construc- tion activities shall be reduced by watering the soil prior to and during grading activities. 14. A variety ofPmaterials and colors shall be used on the proposed houses to the satisfaction of the Plan- ning Director. 15. A copy of the Covenants, Conditions and Restrictions (CC&R's and Articles of Incorporation of the Home- owners' Association, subject to the approval of the City Attorney, shall be recorded with this map and placed on file with the Planning Department. 16. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Code, uni- form Plumbing Code, National Electric Code, and all other applicable codes, ordinances and regulations in effect at the time of issuance of relative permits. 17. Prior to any occupancy permit being granted, these conditions and all improvements shall be completed to the satisfaction of the City. 18. The use authorized by this approval shall be com- menced or construction necessary and incidental thereto shall be started on or before the time limit specified herein and thereafter diligently advanced on or before one (1) year after the expiration of the appeal period. 19. The applicant shall pay all environmental review and processing fees prior to recordation of the tract map as required by the Director of Planning. 20. The applicant shall pay development fees (including, but not limited to, Planning, Building, Park, and school fees) at the established rates prior to issu- ance of Building Permits, as required by the Director of Planning. 21. The applicant shall pay all engineering fees at the established rates as required by the City Engineer. 22. The applicant shall comply with all conditions as listed within Exhibit "A" which is comprised of a four page interoffice memorandum from the City Engi- neer to thel Director of Planning, dated January 23, 1991, and attached hereto. Based upon the substantial evidence, conclusions and conditions set forth herein above, this Commission, in conformance with the terms and provisions of California Government Code § 65360, hereby approves the applications referenced herein. The Planning Commission Secretary is hereby directed (a) to certify to the adoption of this Resolution and, (b) forthwith transmit a certified copy of this Resolution, by certified mail, return receipt requested, to Piermarini Enterprises, Inc., 2100 South Reservoir, Pomona, CA 91766 I, James DeStefano, Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Planning Commission of the City of Diamond Bar held on the day of 1991, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONERS: ATTEST: Secretary to the Planning Commission JXHIi7(t "A 1 of.4 INTEROFFICE MEMORANDUM Pg. TO: Jim DeStefano, Director of Planning FROM: Sid Jalal Mousav(i ` City Engineer/Public Works Director SUBJECT* TENTATIVE TRACT MAP NO. 47722 DATE: January 23, 1991 The following is a list of the Engineering Department's conditions for approval: 1. The review of the tentative map is conducted to ensure that the project will meet all City requirements, and, therefore, the details and notes shown on tentative map will be approved upon review of detail street, sewer, grading and drainage plans, and hydrology study. 2. The subdivider shall pay for all costs associated with plan check, review of documents, permit and inspection, as required by the City. 3. All conditions of the State Map Act and the City's Subdivision Ordinance must be met prior to recordation. 4. All conditions of the Los Angeles County Fire Depart- ment must be met, verified, and approved by the City prior to recordation of the map. 5. All special assessments, utilities, sewer or storm drain connection fees are to be paid prior to recordation. 6. All requirements of the serving utilities are to be met or guaranteed prior to recording the final map. 7. The Final Map shall be based on a field survey. 8. All surveying for the proposed development will be done by the developer, including the establishment of centerline ties. 9. Along with final map, surveyor must submit closure sheets. 10. All improvement plans required for this development must be submitted along with final map. Plan check of the final map will not commence until all maps are submitted. TENTATIVE TRACT MAP NO. 47722 January 23, 1991 Page 2 11. All improvement plans must be submitted in triplicate. 12. An 8-1/2" x 11" reduction of the final map must be submitted along with the final map. 13. After the final map records, a mylar and two blueline prints shall be submitted to the Engineering Department at no cost to the City. Building permits will not be issued until the aforementioned items of the recorded map are received by the Engineering Department, 14. If connecting to L.A. County Flood Control District facilities., copy of all calculations and plans must be submitted to L.A.C.F.C.D. Los Angeles County F.C.D.'s permit is required for tie-in. A copy of this permit must be submitted to the City prior to approval of the grading plan. 15. Considering the slope of the street, mitigation measures must be developed in order to minimize the traffic hazard. All traffic improvement plans must be approved by City Engineer prior to recordation of the map. 16. Street or area lighting plan must be developed to improve nighttime visibility to the satisfaction of the City. 17. A hydrology study, along with drainage improvement plan, will be required. These plans must be approved by L.A.F.C.D. and the City prior to filing of the final map. 18. Offer of easement for all utilities and drainage or other facilities must be drawn on the final map. 19. All street names must be approved by the City prior to recordation of final map. These names must not be duplicated within a radius of 20 miles. House numbering clearance is required prior to approval of the final map. Street name signs must be provided and installed prior to issuance of the occupancy permit. 20. A final tract map must be completely signed by the City prior to filing with the County Recorder. 21. The central angles of the right-of-way radius returns shall not differ by more than 10 degrees on local streets. TENTATIVE TRACT MAP NO. 47722 January 23, 1991 Page 3 22. Any broken or damaged curb, gutter, sidewalk, and pavement on streets within or abutting the sub- division must be repaired. , 23. Driveways will not be permitted within 25 feet upstream of any catch basins when street grades exceed 6%. 24. Prior to final approval, the subdivider shall enter into an agreement with City's franchised cable T.V. operator to permit the installation of cable in a common utility trench. 25. The vertical alignment shall be adjusted to,provide for a landing, where necessary, to the satisfaction of the City Engineer. 26. The subdivider shall install and dedicate main line sewers and serve each lot/parcel with a separate house lateral or have approved and bonded sewer plans on file with the City. 27. The subdivider shall submit an area study to the City Engineer to determine whether capacity is available in the sewerage system to be used as the outlet for the sewers in this land division. If the system is found to have insufficient capacity, the problem must be resolved to the satisfaction of the City Engineer, 1 28. The subdivider shall send a print of the land division map to the County Sanitation District, with a request for annexation. Such annexation must be assured in writing. 29* off -site improvements are required to join the existing gravity sewer in Coyote Springs Drive. 30. A preliminary soil report must be submitted and approved prior to approval of the final map. The report must be prepared based upon adequate test borings or excavations, and shall (1) describe'any soil or geologic conditions(s) which, if not corrected, might lead to structural damage or slope failure, and (2) recommend actions necessary to prevent structural damage or slope failure. A soil expansion index test is required and shall be done in accordance with the procedures of UBC Std. No. 29-2. 31. As a means of mitigating potential environmental impacts, the applicant shall suspend construction in TENTATIVE TRACT MAP NO. 47722 January 23, 1991 Page 4 the vicinity of a cultural resource encountered during development of the site, and leave the resource in place until a qualified archaeologist can examine them and determine appropriate mitigation measures. The applicant shall comply with measures recommended by the archaeologist and approved by the City. 32. A water system with appurtenant facilities to serve all lots in the land division must be provided.. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department and the City. The water mains shall be sized to accom- modate the total domestic and fire flows. 33. The rough grading plan must be based on a detailed engineering geology report and/or soils engineering report and must be specifically approved by the geologist and/or geotechnical engineer and show all recommendations submitted by them. A grading plan must be submitted and approved by City Engineer prior to approval of the final map. Developer shall pay for all costs associated with certifying the grading by regis- tered soils/geotechnical engineer and City's inspection fee. Should you have any questions, please let me know. AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: PROPERTY OWNER: APPLICANT: BACRGROUND: City of Diamond Bar PLANNING COMMISSION Staff Report 4 January 17, 1991 January 28, 1991 CUP 90-0128 To place a fully automated videomatic kiosk in the parking lot of Standard Brands Paint Store. 1139 South Diamond Bar Boulevard Standard Brands Paint 4300 West 190th Street Torrance, CA 90509 Video Kiosk Corporation Rudy E. Figueroa, Project Management 2002 Locust Court Ontario, CA 91761 The applicant, Video Kiosk Corporation, is requesting a Conditional Use Permit (CUP) to construct a fully automated video kiosk in the parking lot of an existing commercial shopping center. This kiosk is a fully automated video store, open 24 hours a day, and will not contain any employees. The kiosk will occupy two parking spaces. The shopping center is approximately 5.24 acres. Primary uses in this shopping center are Standard Brands Paint Company, Jack -in -the -Box, First Interstate Bank, Firestone, along with retail uses in the exist- ing two story building on this site. The parcel which is owned by Standard Brands Paint is 1.29 Acres. More than adequate parking will remain for both the existing commercial shopping center as well as the proposed kiosk. The proposed location of the videomatic kiosk is in a C-3-BE (Unlimited commercial - Billboard Exclusion) zone. This use is not permitted in this zone by right, but is compatible with uses allowed in this zone, therefore, a CUP is necessary. January 28, 1991 Agenda Page Two Generally, the following uses surround the subject site: to the north and west is R-3-8,000 25U (Limited multiple residence - 8,00o square feet lot, 25 units) zone; to the south is C-3-BE zone, to the east is C-3-BE and R-3-8,000 25U. The video kiosk, being fully automated, dispenses the video by robot through a credit card authorization. The structure is 10 ' X 8'6" equaling 85 square feet in area. This structure is made of metal walls, painted white with surface mounted cassette display cases. The facia is also metal, painted white with red burgundy accent bands. The kiosk is not totally enclosed, but is open at both ends, allowing for easy access and service. Customers will stand under a glass type roof structure when renting videos. The installation of this structure will entail removal of existing as- phalt which will be replaced by a concrete slab with footing. The con- crete slab that is 18' X 18' equaling 324 square feet or two standard parking spaces. The structure will be anchored with six inch bolts in ten places onto the concrete slab. The height of the structure will be 11' above grade. The architectural style of the shopping center is contemporary with red tile monsard roof. The architectural style of the kiosk is contemporary which helps it to be compatible with this center. Regular service of this kiosk will be done twice a week by the owner - Standard Brands Paint. If the computer fails, a message is sent di- rectly to the main office of Video Kiosk Corporation. The main office has technicians which are on duty 24 hours a day to service the comput- er. The signage shown on the elevations and photo are not included as part of this approval process. Agwever, signage exceeds the square footage allowed by the Los Angeles County Planning and Zoning Code. Before signs are installed, the applicant will need to obtain the necessary approvals from the Planning Department. The same type of videomatic kiosk is located in the City of Industry and the City of Costa Mesa. In conferring with these two cities, the use does not appear to have safety or vandalism problems. Deputy Larry Luter of the Walnut Sheriff's Department, states that one incident of vandalism was reported at the location in the City of Industry. ENVIRONMENTAL ASSESSMENT: The environmental evaluation shows that the proposed use does not have the potential to degrade the quality of the environment in the long term or short term. Also, the proposed use will not cause substantial adverse effects on human beings either directly or indirectly. On the January 28, 1991 Agenda Page Three basis of this initial study the staff finds that the proposed project could not have a significant effect on the environment and a Negative Declaration has been prepared. NOTICE OF PUBLIC HEARING: This item has been advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Notices were mailed to prop- erty owners within a 300 foot radius of the project site on January 9, 1991. Findings of Fact (to support recommendation): 1. The proposed conditional use is in substantial compliance with the Community Plan. 2. The proposed conditional use will not adversely affect the health or welfare of persons residing or working in the sur- rounding area. 3. The proposed conditional use will not have an adverse impact on adjacent or adjoining residential and commercial uses. It will not be materially detrimental to the use, enjoyment, or valua- tion of property of other person located in vicinity of the proposed project. 4. The site for the proposed project is adequately served by Grand Boulevard and Diamond Bar Boulevard, 5. The site for the proposed conditional use is adequate in size (1.29 acres) and shape to accommodate the development of the proposed use. This commercial shopping center has good visi- bility, easy access, and adequate parking for the proposed pro- ject. RECOMMENDATIONS: Staff recommends that the Planning Commission approve the Negative Dec- laration and CUP 90-0128 with the Findings of Fact and conditions list- ed. Attachments: Exhibit A - Application Exhibit B - Initial Study Exhibit C - Negative Declaration Exhibit D - Site Plan Exhibit E - Elevations Exhibit F - Photo of Structure Exhibit G - Structure Details Exhibit H - Correspondence AJL:pjs RESOLUTION NO. PC 91-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR REQUESTING APPROVAL OF CONDITIONAL USE PER- MIT 90-0128, AN APPLICATION TO ALLOW A FULLY AUTOMATED VIDEO KIOSK AT 1139 SOUTH DIAMOND BAR BOULEVARD ON THE STANDARD BRANDS PAINT STORE PARCEL - PARCEL 3 OF PARCEL MAP 16890, MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. Rudy Figueroa, on behalf of Video Kiosk Corporation and Stan- dard Brands Paint has filed an application for a Conditional Use Permit (CUP) located at 1139 South Diamond Bar Boulevard, Diamond Bar, Ca., as described in the title of this resolution. Hereinafter in this Resolution, the subject Conditional Use Permit application is referred to as "the Application." 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of Califor- nia. On said date, pursuant to the requirements of the Cali- fornia Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted it Ordinance No. 1, thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. Because of its recent incorporation, the City of Diamond Bar lacks an operative General Plan. Accordingly, action was taken on the subject Application, as to consistency to, the General Plan, pursuant to the terms and provisions of California Gov- ernment Code Section 65360. 4. The Planning Commission of the City of Diamond Bar, on January 28, 1991, conducted a duly noticed public hearing on said Ap- plication and concluded said public hearing on that date. 5. All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution, NOW,. THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon substantial evidence presented to this Commission during the above -referenced January 28, 1991, public hearing, and oral testimony provided at the hearing, this Commission hereby specifically finds as follows: (a) The Application applies to property presently zoned C-3- BE, north side of Diamond Bar Blvd, located at 1139 Dia- mond Bar Boulevard, City of Diamond Bar, California. (b) Generally, the property to the north and west of the sub- ject site is zoned R-3-8,000 25U, south of the subject site is zoned C-3-BE, east of the subject site is zoned C- 3-BE and R-3-8,000 25U. (c) The property is in compliance with the commercial category of the Community Plan. (d) The conditional use will not adversely affect the health or welfare of persons residing or working in the surround- ing area. (e) The conditional use will not have an adverse impact on adjacent or adjoining residential and commercial uses. It will not be materially detrimental to the use, enjoyment, or valuation of property of other persons located in the vicinity. (f) The nature, condition, and size of the site has been con- sidered. The site is adequate to accommodate the use. (g) The project will not have a significant effect on the en- vironment and a Negative Declaration has been prepared. (h) Notification to the public hearing for this project has been made. 3. Based upon the substantial evidence and conclusions set forth herein above, and conditions set forth below in this Resolu- tion, presented to the Commission on January 28, 1991, public hearing as set forth above, this Commission, in conformance with the terms and provisions of California Government Code Section 65360, hereby finds and concludes as follows: (a) The approval shall be exercised within a period of one yearI (b) This project shall be developed in substantial conformance with plans which have been submitted for this case, (c) All on -site utiliity services shall be installed under- ground, (d) During construction, the site shall be maintained in such a way as to prevent spillage or building material from the public right-of-way, (e) Any work to be done within the City right-of-way requires prior approval from the Engineering Department of the City of Diamond Bar. The appropriate permits are to be obtain- ed and all construction is to be per City specifications. (f) The applicant shall submit a revised site plan with handi- cap access and parking, a landscape plan and a lighting plan to the City for review and approval before Building Permits can be issued, (g) Applicant shall provide two trash cans made of materials compatible to the site to be located at each open end of the kiosk, (h) Present landscaping at the site of the videomatic kiosk shall be added to. A landscape plan shall be submitted to the Planning Department. (i) Applicant shall maintain and service the kiosk in such a manner which would keep the structure as attractive as when first constructed, (j) Applicant shall sign a written statement stating that he has read, understands, and agrees to the conditions of the granting of CUP 90-0128, 4. Based upon the findings and conditions set forth, the Commis- sion during the above -referenced January 28, 1991, public hear- ing, and upon the specific findings of fact set forth in para- graphs 1, 2 and 3, above, this Commission hereby approves this CUP 90-0128. 5. An initial study has been prepared for CUP 90-0128 pursuant to Section S 15063 of the California Environmental Quality Act Guidelines, 6. The Planning Commission Secretary is hereby directed to: (a) Certify the adoption of this Resolution, and, (b) Forthwith transmit a certified copy of this Resolution, by certified mail, returned receipt requested to Videomatic Kiosk Corporation and Standard Brands Paint at the address listed in records of the City of Diamond Bar. ADOPTED AND APPROVED this 28 day of January, 1991. I, James DeStefano, .Secretary to the City of Diamond Bar Planning Commission do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the Planning Commission of the City of Diamond Bar held on the day of 1991, by the following vote: ' AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONERS: ATTEST: Secretary to the Planning Commission NEGATIVE DECLARATION CUP 9V-V148 Applicant: Video Kiosk Corporation Rudy E. Figueroa, Project Manager Proposal: To place a structure to house a 24 our fully automated videomatic kiosk in the parking lot of Standard Brands Paint Store Location: 1139 South Diamond Bar Boulevard General location is the northeast corner of Grand and Diamond Bar Boulevard. Environmental Findings: The proposed project, as determined by the Planning Department in the City of Diamond Bar, will not have a significant effect on the environment. This conclusion is based on the attached environmental checklist and the staff report for the subject CUP. (Attach checklist to Staff Report) AJL:pjs ,:. �� � ' ,� . . Olmy;.{OEM DI"fOVD YAE ,- D$PA1T2''iEVT Oe PL?,I,IT_NG � � . N- 1..te�4�,y __ .. _ �. OE PLANNING (71-4-3"—a��3195 ' �� DEPART`.�'NT `\\\ 1 t t � f ,:,,'cton w u drlav scion. aiiacn ;nlarmat.on fs necessary tar i vr<w of aLL ooficaaons, failure m fir"msh m a y-� Th` Ivlltlwing re �77r1��� n�/ / �• ex ra hero �1 neeesiarY. Please read ;nsituCi of r_irelullY- � .i,U f � ' A PLICANT �G'CIZ L-CGirS�APPLICANT'S AGc T Clher RECORD OwNERI51 �;j��Yj.%O C� lFnSinr_r,'Licensed urvryor, is also a cJ/�7 (� � and 0/ease ind'c re J 9i _r � n! ` r1 L 7/�!—`/ ' 3-337.3'Srnr/ /2 /���iJ`%'[' rriaw� 1'rA t ovw.�� t C Namc ""�"{.."�— Name ��Q m�• '— ,.,,C res � u� �� r � �RU b Adtlr-ii Address � Cav � i C:[v�vvgha �A' c:ry .I trld rota O/.. ..r-�-SI a ?bone( "�1 oSOq Phvnr121� Z,t`I- Z l zoaT-'�.-__�"'-{-�,-�;_-__- n re,. ntl Zia arY. � :using names. aedreues, antl ngnawres vl me . of oa«nertn�os. ;o (At:acn seoar ate c. .I necess v mtl direeori of :aroorat<ani.l mrz revues:. C."iNsc.v��-ry': :o :ne Na ^ ��(• �' ."^� �`i�on 3ec�n'� i lPi� care ////?J � i, � .l,ro $ignetl �F (aII recorG a I ra :ne 'ues: oI my [=q'1F%C.1ilCN: /cv �ernCv undm pem/P/ o/ Orlury :nat ;ne �nlvin+mvn nernn aro•rar. a corer_ knvwiee5e. ate _ , � LL � � � ,n /I �,,�y, Sgnee oo �r�n[ or ae I t A9 1 IJ,V i . ` 3 �, r,. So. (� ,,,, w �a � :[err.. Icon°" (Suer. seeress or ds;ance :mm norei c eii tc��a� CYeik CL.r„��h ! and IStreetl between LyV w� / _nrd D�itr�c. mane (Lana use. nat oasts( :one( C''—_------�_ CS —_TBG assHsor�----- - USGS Planning Area - Sueerwsorul D�nric: a;_ .. _ ,'•�f [. r Cdnvan; C;[v '' Gen I a Gt 9 ry - �/q�1 Local Plan Lv 1 P an l.ate�9 Y (il �d"ISt�Yiblel •" _-Proicc.-5,z<-lswss.a¢es i fY / P: Dire. Denvty--- w C ` \ \ Par ., P-e Gses ., .__...,.,.,�_. .k J �Ct � dUv t` Q Y 1 r, d i� ,,, , Pr t Uie of Ste ' / v� r _.,_ -_ �� cu lie avv6edbr IF IF IF I IF Comes:.e ••vote' Source �, ragavac M':nart o _er.]nr 0•ipWal — Sanitation Ots an pt G advrg of WC by Aool•ant? Yes � No A.nount !snow necessary graomg des;gn a plan or Wit mau 1RIPTICN (Alto ne•sn n ing t e Prolsosed lots/proiec:l II pennomng for Zone mange, tack Coal me OESC a, hound]r�n alto area su s ,o Me change. seem nesa who„ at exrn.� A?PRGPg1A TO, 9URCENS OF PRGCF MUST ACCOMPANY EACH TYPE CF REQV EST — Gtieck ea h reeuesi agaited for and coal Plzte aaaraor"ate se_.iam. PLAN AMENOMENT REQUEST Countywide•local Plan or Area Plan Land Use Map Cftange'. F-am To Acres From ,o Acres .vide (Gen Cev ouunq 3 S c. `.sgns.: Mao Clange' C:-.er panty �a Ace Acres °m From iO ssl :a C-sunrYw•Ce'Lpcal ur Area a an „esire<entity Stir -- •y Allowed 3v Ial C:Y P!an lbt L-cal P!]n �----�' —oral ?raleC Units Carrent. Ta t]I Pra let': Units per met: ea It (ai C:'J?`an Amended Ib� Ldca� Plan Amend ce ai Total Acres Involved " :Cl 5E RvtCES Ex.sung and P•aoosea Gas S E:eenc cdu<]ewn AC_eis Sheriff - .. C ZCNE CHANGE REQUEST — Zane: From Acres .a Acres CGNOITIONAL USE PERMT, vARtANCE. NONCONFORMING RE'si ANO OTHER P`—RMI TS I Ora. No. Permit Type Area devoted to' strueur es Po<n soace __------' 7rolec: 5Ite: Grass Atza Na at Lots - and Proonsed density ---- Resieenttal F-olee: Na of fladrs urst3i Acres G ss Aro Numoe• andal In4rs Fe::ae�l1al aar. T•ae Rec_%tea ?-ov�dea To tat eG.+nee �— Tara. p•�aeo -- CERTIFIED PROPERTY OWNER'S LIST AFFIDAVIT ZONING CASs NO. STATE OF CA LIFORNIA - tlec!are under penalty of penury. Pursuant to Sepaon 2015-5 of the Code of Civil Procedure, that the attached list contains the names and l of the County of Los Angeles as owners addresses of all persons -who are shown on the latest available assessment rol of the subject property and as owning property within a distance of five hundred 15001 feet from the exterior boundaries of Property legally described as: \�I �v \' �G2 California. :his Executed at �� day of Signature 3 8[ INSTRUCTIONS FOR COMPLETING INITIAL. STUDY QUESTIONNAIRE TO THE APPLICANT: The California Eaviromental Nalit- Act rluir=_s a review o_` your Provos pcoject for..Fossibla 2m irorrent3l impacts. This Initial Stucv Pcoccss is Inc=--nceo to dot ^,.,1n2 the tr of e.^.vimn- mental doc'nenc3tion n2cessari to have your project considered by the County. The Initial Stud consists of a complete' quest ardfo=�e�1mattn e�eainnutcfrQoureviewingvaeeencies an with of potential imcacts prePar=i by sta_f-- s_ial ex er`ise. This process can be exaecit2 with your coouer3tlon_ The Oro; act file mus- inctuce the followi exhibi s , wnich you -ust provide (check boxes are Orovidec vour use)- 1. Initial Stuc'v Questionnaire - In ca oletix t: -s cuestiors :r=_, all ruesti^_ns s`nc1 'o_ ars.+ers' as c�ciat=_1'v as cess:bie (attac-4 ex_r: _aces i= ❑2cess=_r•v;. i� tz�cesc:-Y' Lora: c'v:si°n, _ slcuLc c.e ant:cleat that suture cevelcr=ert '.+111 tag:z Place, an,.; _..c puestionnair=_ copietz accurcir�'y. Pre'-imin3r. graclnc and/or decele ent cncec s shccic sus c__ - - - n° -�.e -=ce corstr' ct'_cr. is art:o: ce. ;7,� 2. Cevelocsnent Pi an with Contours showing: tie c onos ce`:eioa 2nt or xss'_'cie '_ccacer.; L^e l csttcn anC _3`jcli _ r _ rCS .'let:ve v2=0t3=:°::__11CSt:c1'7C the Locat.On, :rem, '.^.e=__t. and c_ . (m235ured 1 !'7 f�2' ground level) of an, Oak ___e5; a'L C) ?•C:Sr'_-G and pr,3Ocsec landsC3clnC. :1cnSc- `!cun-^s _ocr '_xtr- _doles y vOIEc I vc _ ;EC _s _ie San _ of the -• are elation to Vicinity Map cf aperocriata scatia showi x tee s::bject proper-v in r -^ `fiC3Rt OR nearbv streets and other VS:C31 Le3tur2s. r'2t ma05 (sari d5 ,as Guide) in urban areasorJ.S.G.S. r�;ad S;zets :n _uLsl areas sx ulc be used. (Quad Sheets are available at ;zany .Lao stores or fry the CePar Est of t e Interior G2olocic Sur•vev, 300 North Los lrgeLes St__et, ftcem 7038, Anceies—this is the Federal Builcinc in Los Arcel2s civic canter.) 4. Photographs of the sit=, ad iCc3z_ons a r: surroundi❑c ar=_a. An index map keve to the pnetwracns s;nCCL3 b2 Pravid sew:rg tie lccaclon and direct:cr. cf each pnot3cr3oC*m / Ceneralized land use map c' aPerceriate scale for the cccject site arc s::rrCun lnc JC>02rt:es, Wlt n 'Uses early lai:eiec. '_e cues t:onra:re! v OFYATION FAiL:TRE :G SUBH"T .1L.I. icECL�:"-S MAT`—•RIALS Afm TO PRGVIDE CC2•PLE':L' QUESTIONNAIRE Ii'7E' ^7iv overt^ -v FNFr .YS LN PRIx:SSI*7G YCL•R C. E. CONDITIONAL USE PERMIT CASE -BURDEN OF PROOF SEC. 22,56,040 t•� In addition to the information required in the application, the applicant shall substantiate to the rtisfaction of the Zoning Board and/or Commission, the following facts: A. That the requested use at the location proposed will not: 1. - Adversely affect the health, peace, comfort or welfare of persons residing or working in the surroundhag area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3, Jeopardize, endanger -or otherwise constitute a menace to the public health, safety or general welfare. B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. II TL 5`1`�i wr i5 �4 Gbrvly� nNv Kih�_ i j C. That the proposed site is adequately served. 1. By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. �L APPLICATION CHECKLIST ' ❑ CONDITIONAL USE PERMIT _ ❑PARKING PERMIT _ ❑ VARIANCE _ ❑ZONE CHANGE ' �� -. I ❑ NONCONFORMING REVIEW _ ❑GENE RAL PLAN AMENDMENT ❑ OTHER _._ VES NO - CASE FOLDER FOfl EACH CASE Zone, Thomas Guide Page, Zone D'stnet, Complete mlormat on, Case No., S.D. No., HNM No., ' � location, dale filed, posted on Fly Sheet/HNM, other cases on properly - ZONING APPLICATION ' - - Item: riled in nomnletely and corremly —__ signatures m appronrim�::pace: - —� Legal description really describes subject property and matches property on House Numherinq Map BURDEN OF PROOF FORM IN EACH CASE COMPLETED VICINITY MAP$ - Ali maps lolded no larger than 8" x 14" and has location shown on Iront ' - Seven reyuired , _ One Land Use Man (subject properly clearly outlined) 700'radius One Ownership Map lzubject property clearly oudined) 500'radius -- Completed Ownership List -- Completed Ownership List Allidavit - -- Two sets of self adhesive address labels (typed) - Five blank maps Two additional blank mans i1 filing a Plan Amendment _ TENANT NOTIF (CATION AGREEMENT COMPLETED ' PLOT PLAN$ _ Ali plos plans folded no larger than 8" x 14" and has location shown on front. - -- Six required, sufficient size for Hearing Room use lapprox, 2' x 4'1 -- Sublect property clearly outlined and dimensioned - North arrow and scale _ All existing and prnposed improvemenu shown w Ih dimensions - � -- He ghts (stones) of all buddmgs, walls, fences, towers, etc. "— —_ All vans shown (s ze, height, mcat on, type) - - D stance Irom all structures to nearest lot I ne�dislance between structures - Parking Ifot) spaces dimens oned,landscaped areas, dr'vaways requued walls and wheel stops shown. Improvements in and dedicated widths of adjacent streets and highways indicated and dimensioned Show distance from property l� and din ntg ruses) sitaml pedslw ihaCounrtypEng neer determined - - '— Interior floor plan lit assembly -- occupant loaf PLOT PLANS —ORDINANCE STANDARDS _ Height Yards - - —_ Are I '— Density - Lot Coverage ' - Outside Storage, Outside Storage Section 22.52.560 - — —_ 1 Outside Display, Outside Display Section 22.52560 Parking - Numher of Spaces Ino. bedrooms, floor plans, occupant load) '— Paving, marking, wheel stops ' - Walls hoot, side, rear (location, height, material) - � - - -- -- Landscaping - -- Lighting _ INITIAL STUDY OUESTIONNAIflE COMPLETED ' Photographs )All Cases) - $UPPLEM�NTARYINFORMATION Renderings orelevations, - - '— RPD {sloping terrain) Section 22.20.460: statistical table ' CPD Section 22.2H.340 MPD Section 22.32.150 ' Mobilehome Parks Section 22.52.500 -- -- Caretaker Mobilehome Questionnaire -- Automobile Dismantling Yards Section 22.52.3fi0 "— Parking Permits Section 22.56.1070 - a) Set of Site plans as it no parking permit is applied for - —� b) $et of site plans as it parking permit were granted (STAFF USE) PROJECT NCPBER(s): INITIAL s=y QUESTION!. IRE err r - � •'• Proje t Applicant ((O�wTeL): (� `- kjt cob yank �c3c2ss _— r��-- --� 05 o q21 5 (4 ib�Vc��cbt zl3 21y- 2411 Project Reoresenntative: Co r7�awd 55eq� Name to G o Uj Cojvkk 0 w. -- �}- ?ddr2ss ?etion ccI est= arc project iescLip\t:or.\: nl i -- 'Ja� locacicn of proles :a. 2rsz.^.: use of s Vern -�-- G✓� t It ---' f--=r-.•-'-'t-• _�x z ' ?C. ?rv':':CUs U52 O: s: �Z Cr s:-UC tULes: =- .�_ 7L2?52 .1st a'-1 -:r2'llous Cases q1/ 0h4C relates LO CRls pL O, eCt: JV C'ire 3:L Jr3R:l'1C VCU pLanr, I rK, i'1t Uri _Rds25 CC Cn:s /%� I_ Ves exola:n: J, 3. Nu"her Of rlOOr 7. Project area: Coves.? j:: s:LUCtures, — —_ - a. ?Lest..^.t z„r,;�• _-- L R scspin open s_ace: Toc.:' aver: ---- '�maatic 'rubLc weni-G dt c\ y. ;N .,u,l: Residential projects: 11_ Ncr�er Ind rm � oc anit>: _---------------- — l2. Schools: tuna` scion'_ di strict (3; =--��s =:1e pro': ty? ______—_______—_—_-____ Ara existi:x sctcoi `3ciiities ad�.uat=_ to meet project nex's? /Y/ /N/ ii not, ��na`_ provisiors wi11 be r..a:?e Eoc adr'i`ional cL=ss_oms? Non -Residential projects: =_ nea_ast __s.:enc:;: s2 of _ - __3car 52n5: C`'JP ;15e \�: '1C0 _= nCs;::=1=, _-` � 15. ti�:.�er ..L _ ci,y�.�s a:tii sni[_s. _--C l�. `!a.`C:'it_'l •—�'.C1GVP�s CeT SC___. ___ __\ 11 l3. Icec_:_`.• any: �� przccts _�1'a.co �C�.'t4� S -- �� �C _Cr C'2�C- CCF_: ='!Cns ,._<e, St :La CC CC x:1C� ::a'3 _.'CS�.[:C=S 5'.:C"'1 35 ..11, �S.1 C:Ce5� _ i Z0. Do year ccer3'_icrs .rczc_ 3�. presscrizec t3nia? /Y/ lM"/ L yes, aspiai^: � --- �_. _ce..^.t y a _ _ =.. :..__-, r='-c e or 2xpiosi•J-� ..�__-__.�_s �.. .._ _:cacy.: or,-s:t_ Nfl� ci3.... - - asp _'r,..- J -- Yes, _ ,^I: B. &wiRotmE: TAL iNFoRmArioN 1. Envirormental Setting -- Project Site A� a. z\ sLi C. lS S=r•1Ct'1r 5 !�/SJ h_�__ �J. iJcxn:r3n:,f 'Si Does *C. V_ge ::3 ticn 2. &nvirormental SettinG -- SurrouncHng Area a. sLix cszs.strcturas i=y�s, �/ CL-------- - ------ -- Toccyr3c;w sloces i. Cul t'.:r31,t1: sL7C1 �31 resour_jes 3. are :':per•= a ; .�=;cr =rees on _ � . tne �.t- , .ac'_uc�^c ca%: _._ems? ,'Y/ I[ es, t•.� ana nc-��r: _---------- 4. .ti_' I =n�� naurel �ataccour s, sur`3ce °toa x_ �-, etc, sa _ c:::n:� ':;rcuc:: oroiecr 3e•:�aoa::ene?: /Y/ IE yes, es�i3_-: ---- ,r.s,.�_s B. IIJVIRONMENTALINFORMATION (cont.) j. �raC: nC' will tie projac- I` ye„ �cw �sny ::iil it be _ recuire grading? /Y; ; coot= yar.is?---------- balancc.� on sae? �/"I/ If no* oalanc��, :ier=_ will d-rr. be o::ts±ne3 or iepcs? ced'?-----------`-`�-- 6. Ace Here any i�ertifiaol•> landslides other major geologic iazards on t;ze grocect� (including uncor.:pacted fill)? /Y/ If yes, exrtain:-------------_-- 7. Is tie Grope-w ie�c-=`_� wi _iin a hi•�n lira is=3r: 3r?� f~11a1J2s '+�_`_a :C,OC2rateL'f de s? vege-acicr.? �[/ /7� Discjrce =e ne.i:asc dire sc=t'_cn: _ 5. Ncise: cxis-.irr� rcise sources a_ sit=: �/�QvL� —_ ------ Noise to be Generate✓ by proiec_: /v OVI-�- � __ -- ---- 9. F��-yes: �'�'ors gereraty� by ?✓Gigot:—�/�/,\�11�C------ --- C..".l::d tJx:c F_T.12s �:+�--2:�er3=cr_'.' l" V —__— II f ` / 1 10. ;v1_at ene^y-corsar:inc cesicrs crater___ "___ be cs�? Wt�I �1^Swltitla b'^t�d1�— li CiIilIFIGATION: I hereby certify that tine stat��ents fuznished above girl in the attacned exhibits present the data aril information requir�l for this initial evaluation to t_he best of my ability, and t*�at the facts, statEments, and information presented are true and correct to the best of my knowledge anpd belief. Date: 0 '21 � ���%2��.'' '�- Signature) —_------- For: �/ i � CJU'�..,� \O- — City of Diamond ear!WdalStudyFom _ ,;.Fey;Page I �ItilOCOPLEY DRIVE SUITE 100 l'DDIAMOND RARt CA 917654177 EAST 7l4w860"2489 FAX 1. Background: 1. Name of.Appiicant: 2. Address and Phone Number of 4. Date of Environmental Information Submittal: 80w\ 1� 5. Date of Environmental Checklist Submittal: 6, Lead Agency (Agency Requiring Checklist): 7. Name of Proposal if applicable ( Tract No, 9 Subdivision): , 8. Related Applications (under the authority of this environmental determination): Yes No Variance: Conditional Use Permit: Zone Change: .General Plan Amendment: (Attach Completed Environmental Information Fprm) PHYLLIS E. PAPEN".`ppUL VKORCHER GARY H. WERNER GARY G. MILLER JOHN A. FORBING ROBERT L. VAN NORT - -,:Mayor.Pro Tem Caundlmember Councilmemba Couaalmember City Manager Mayor -.. CITY OF DIAMOND BAR USES RECYCLED PAPER - i. City of Diamond Bar Initial Study Form Page 2 11. Environmental Impacts: (Explanations and additional Information to supplement all "yes" and 'possibly" answers are required to be submitted on attached sheets) 1. Earth. Wilt 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. Exposure of people or property to geologic hazards such s earthquakes, landslides, mudslides, ground failure, or similar hazards? Yes No Possibl y 2. Atr. Wlli the proposal result in: '" a. Substantial air emissions or deterioration of ambient air quality? V b. The creation of objectionable odors? c. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? V 3. Water. Witt the proposal result in: - a. Changes in currents or the course or direction ofIwater movements? t� b. Changes in absorption rates, drainage pattems, or the rate and amount of surface run-off? ✓ c. Alterations of the course or flow of flood waters? I/ d. Changes in the amount of surface water in any body of water? I/ e. Discharge into surface waters, or in any alteration of surface water quality including but not limited to dissolved oxygen and turbidity?. / f. Alteration of the direction or rate of flow of ground waters?y g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? ✓ 1. Exposure of people or property to water related hazards such as flooding? Cfry of Diamond Bar Initial Study Form Page 3 Yes No Possibly 4, Plain Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? b. Reduction in the numbers of any unique rare or endangered species of plants? c. Reduction in the size of sensitive habitat areas or plant communities which are recognized as sensitive? d. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? e. Reduction in acreage of any agricultural crop? / 5. Animal Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of animals (birds, land �� animals including reptiles, fish and shellfish, benthic organisms and insects)? b. Reduction in the numbers of any unique rare or endangered species of animals? c. Introduction of new species of animals into an area, or in a barrier to the normal migration ✓ or movement of resident species? d. Reduction in size or deterioration in quality of existing fish or wildlife habitat? 6. Noise. WIII the proposal result In: a. Significant increases in existing noise levels? J—� b. Exposure of people to severe noise levels —L 7. Light and Glare. Will the proposal result in: I / a. Significant new light and glare or contribute significantly to existing levels of light and glare? 8. Land Use. Will the proposal result in: / a. A substantial alteration of the present or planned land use in an area? 9. Natural Resources. Will the proposal result in: a. An increase in the rate of use of any natural resources? J—� 10. Risk of Upset. Will the proposal Involve: a. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset condition? I b. Probable interference with an emergency response plan or an emergency evacuation plan? City of Diamond Bar Initial Study P)rm Page 4 Yes No Posslbiy 11, Population. Will the proposal: j a. After the location, distribution, density, or growth rate of the human population of an area? 12. Housing. Wtll the proposal affect: a. Existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: a. Generation of Substantial additional vehicular movement? l� b. Effects on existing parking facilities or demand for new parking? c. Substantial impact on existing transportation systems? d. Alterations to present patterns of circulation or movement of people and goods. e. Alterations to waterbome, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: 1. Fire protection? V 2. Police protection? V 3. Schools? }� 4. Parks or other recreational facilities? I 5. Maintenance of public facilities, including roads? 6.Other governmental services? V 15. Energy. Will the proposal result in: a. Use of substantial amounts of Sueor energy? / b. Substantial increase in demand upon existing energy sources or require the development of new sources of energy? 76. Utilities. Will the proposal result in: a. A need for new systems, or Substantial alterations to public utilities? Clry of D/amond Bay fnldal Smdy Fonn Page 5 Yes No 77. Human HeaRh. WIII 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? t� y8. Aesthetics. Witl the proposal result In: a. The obstn/ction of any scenic vista or view open to the public, or will the proposal result in �/ the creation of an aesthetically offensive site open to the public view? 19. Recreation. WIII the proposat result In: a. An impact upon the quality or quantity of existing recreational opportunities? l� 20. Cultural Resources. Wait 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? V c. A physical change which would affect unique ethnic cultural values? d. Restrictions on existing religious or sacred uses wfthin the potential impact area. Possibly Cly o/ Diamond Bar rnitlar Study Form Page 6 Yes No Possibly 4 a. Mandatory Findings of Significance? a. Does the proposed project have the potential to degrade the quai'dy of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self sustaining levels, threaten to eliminate or significantly reduce a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b. Does the proposed project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? c. Does the pro�osed project pose impacts which are individually limited but cumulatively considerable . L/ d. Does the project pose environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? III Discussion of Environmental Evaluation: (Attach Narraffve) IV. Determinatton: On the basis of this Initial evaluation: � I find that the proposed pro ect COULD NOT have a significant effect on the environment, and a NEGATIVE DECORATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on the attached sheet have been incorporated into the proposed project. A MITIGATED NEGATIVE DECLARATION WILL BE PREPARED. _ i find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Signature: Title: Forthe City of Diamond Bar, California I. Background 1. Name of Applicant: \ AGO elQL K 00,Rfop 12T 10nl 2. Address and Phone Number of Proponent: 3. Name, Address and Phone of Project Contact: d. Date !a- of Environmental (—it7 Information Submittal: 5. Date of Environmental Checklist Submittal: 6, Lead Agency (Agency Required Checklist): 7. Name of Proposal if applicable (Tract No. if Subdivision): 8. Related Applications (under the authority of this environmental determination): N/)4i Variance: Conditional Use Permit: II ✓ Zone Change: General Plan Amendment: (Attach Completed Environmental Information Form) II. Environmental Impacts: (Explanations and additional information to supplement all "yes" and "possibly" answers are required to be submitted on attached sheets) YES NO POSSIBLY 1. Earth. Will the proposal result in: a. Unstable earth conditions or changes in / geologic substructures? V 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 flowin: water as well as Me areas surrounding permanent or intermittent standing water? i/ g. Exposure of people or property to geologic hazards such as earthquakes, landslides, mudslides, ground failure, or similar hazards? ?.: Air. Will the proposal result in: a. Substantial air emissions or deterioration / of ambient air quality? b. The creation of objectionable odors? V c. Alteration of air movement, moisture, or temperature, or any changes in climate, either locally or regionally? % 3. Water. Will the proposal result in: a. Changes in currents or the course or direction of water movements? YES NO/ POSSIBLY J ✓f b. Changes in absorption rates, drainage patterns, or the rate and amount of surface run-off? c. Alterations of the course or flow of flood waters? d. Changes in the amount of surface water in any body of water? e. Discharge into surface waters, or in any alteration of surface water quality including but not limited to dissolved oxygen and turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water related hazards such as flooding? 4. Plant Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of plants (including trees, to shrubs, grass, crops, and aquatic plants)? b. Reduction in the numbers of any unique rare of endangered species of plants? c. Reduction in the size of sensitive habitat areas or plant communities which are recognized as sensitive? d. Introduction of new species of plants into an area, or in a barrier to the normal replenishment of existing species? e. Reduction in acreage of any agricultural crop? YES NO POSSIBLY 4. Animal Life. Will the proposal result in: a. Change in the diversity of species, or number of any species of animals (birds, land animals including reptiles, fish, and ` shellfish, benthic organisms and insects)? b. Reduction in the numbers of nay unique rare or endangered species of animals? Jc. Introduction of new species of animals into an area, or in a barrier to the normal migration or movement of resident species? Jd. Reduction in size or deterioration in quality of existing fish or wildlife habitat? 6. Noise. Will the proposal result in: ✓ a. Significant increases in existing noise levels? b. Exposure of people to severe noise levels? 7. Light and Glare. Will the proposal result in: ✓ a. Significant new light and glare or contribute significantly to existing levels of light and glare? 8. Land Use. Will the proposal result in: V/ a. A substantial alteration of the present or planned land use in an area? II( 9. Natural Resources. Will the proposal result in: a. An increase in the rate of use of any natural resources? 10. Risk of Upset. Will the proposal result in: ✓ a. A risk of an explosion or the release of hazardous substances (including but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or upset condition? YES NO POSSIBLY ✓ b. Probable interference with an emergency response plan or an emergency evacuation plan? 11. Population. Will the proposal: / a. Alter the location, distribution, density, or growth rate of the human population of an area? / 12. Housing. Will the proposal affect: J a. Existing housing, or create a demand for additional housing? 13. Transportation/Circulation. Will the proposal result in: V/ a. Generation of Substantial additional vehicular movement? b. Effects ron existing parking facilities or demand for new parking? / c. Substantial impact on existing transportation ` systems? d. Alterations to present patterns of circulation or movement of people and goods, r e. Alterations to waterborne, rail or air traffic? f.� Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 14. Public Services. Will the proposal: a. Have an effect upon, or result in the need for new or altered governmental services in any of the following areas: V// 1. Fire Protection? 2. Police Protection? V/ 3. Schools? c YES NO� POSSIBLY 4. Parks or other recreational facilities? 5. Maintenance of public facilities, Iincluding roads? 6. Other governmental services? J15. Energy. Will the proposal result in: a. Useof substantial amounts of fuel or energy? f b. Substantial increase in demand upon existing energy sources or require the development of new sources of energy? J16. Utilities. Will the proposal result in: a. A need for new systems, or Substantial alterations to public utilities? 17. Human Health. Will the proposal result in: v� a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to potential health hazards? �i 18. Aesthetics. Will the proposal result in: a. The obstruction of any scenic vista or view open to the public, or will the proposal II result in the creation of an aesthetically offensive site open to the public view? 19, Recreation. Will the proposal result in: V/ a. An impact upon the p p quality or quantity of existing recreational opportunities? / 20. Cultural Resources. Will the proposal result in: a. The alteration of or the destruction of a prehistoric or historic archaeological site? YES NO� POSSIBLY b. Adverse physical or aesthetic effects to a prehistoric or historic building, structure or object? c. A physical change which would affect unique ethnic cultural values? d. Restrictions one:cistin6 religious or sacred uses within the potential impact area. 21. Mandatory Findings of Significance? a. Does the proposed project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or lwildlife species, cause a fish or wildlife population to drop below self sustaininz levels, threaten to eliminate or significantly reduce a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods crf California history or prehistory? b. Does the proposed project have the potential to achieve short -term, to the disadvantage of long-term, environmental goals? c. Does the proposed project pose impacts which are individually limited but cu:uulati;ely considerable? d. Does the project pose environmental effects �� which will cause substantial adverse effects on human beings, either directly or indirectly? III. DISCUSSION OF ENVIRONMENTAL EVALUATION: (Attach Narrative) IV. DETERMINATION: On�basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant not be effect a significant on the environment, effect in this case there because will the mitigation measures described on the attached sheet have A MITIGATED been incorporated into the NEGATIVE DECLARATION proposed [TILL BE project. PREPARED. I find that the proposed proiect 1L1Y hate a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. Date7—yc Signature: i 14� Y,� �L 7 Title ( iCftX�l tif/ For the City Diamond Bar, Cahi�f�ornia ITfepCTT17TT im.05.1,111 < h o* ` AC � �. B ! Video K�io� `Corgporation , \\ ! � | | _( 40 � l•,; «� »y[w E [ I mom die Ord, I a;F.I pES'vd;aci,'g,8,'"i lif use lip.a GYBE. E•g Ba]2Y �'I.' �. n 1 d a it 7in RYcF"$ 1 sBFas1TB���`°r I4 . W k;\B _— Tdsi B d s:° Boa / 1 in "- _ car$ ��� [S B I#§ Ar 'i . ; r f /" 4 / / Ili P" m . jI 3 i Z $¢e� 114It � B. // �' I Ike It de d /� ` __:� Id VV gien ..._.�_�T eA Ike ei V Z ded 14 Z as ='a I z I Il /y-1 I,It - ,n m f o z 9r� _I =��P I . Ift . ..i—�') I �.. ni'e at-7—� TTr (y� -r—II i5ycgr. ;� �eke ..¢�= N `* F 1 Ton 1' I B P P 9 _ 5 — —' L 2$ I� t i cP t "F� Z M� 3 t. '1; - --- ;, rl '. I I del ^d+i zj;, yaaj F7. s11 - �_I I �; D I 9a I�r did 0a Yn$ v fx� l Sid I' d _.. J1 ( R;: I 1 C '�'O ,.�_.I I 1 I 1 Y I u I Q 1 t r Y. — a -1 jr; t {rVent a 1 '7 wa m N m � wtr- re r >: - w IIIeoF�' terFE ^I _ kid k J I I rm p€mn du a 5 C l MIN 2 I I I I i f Scy�° ° k JB' n ; Ir L —1 —1 I p IN �yLn t F tl ..$figs n ` �p.>"I I �1 ''. I ; p�' I ( I ( de j�f'LLre w �m y IN b 05� ci SS kP 1,9M— rxIt ke ^II (/� I ( `nL FL I"M • !P I Y'J / I 1 � � i o D $ U pder P/rn •� , dip'E yA / / did, /� / s B .��-{��-/♦♦♦ e iy I�}sy�.v1 It I do: dewU m — or- er rx it it ; 4 Y �� �Net"-L� J lFr It. I ill . t�4 j21 ded .rr it _® / 8t $ re ao _Ir y S D j-� 1 1 n3 >£ A=" I 9 I Bt y / i i �: �FIL II m n o •� e� lr P)3 p B r �: C'YBB �x7 I m ' A0 c pA�F 1 CpYg yw 1'FA. x'M 'op�FL�a@nL E 4 5i^ i m. S I ° L aIt M r I j.. ;�fj CF•oA -�del�" 53� 1.; 1. iF Rn� aimLDgZ I w ^ to o t 6; °ozl dap To! ,g ' [pC orj :>S [it m -miic °w�FNnm IJ @$o tBa 4444gFI I' "u, „• Ny' $> U P " V J o ]a. ✓ jT 1 1 1 It l a' f r c o f N Z i L o. a 6�1y:mN0 oa�N ° •: �� I t 11 rl11 j•y� n 3 4 U Ip m 1 .. _ , a N F fit It PI a \Awe n S f + Ad Erg rt, del ,mm� pia �i i .- ` a c o . rt 4AZD e�. IdAWININ w P r �L� 1 � � � An daAn g g�m$i ITc Oil 4 R Dor i SY. Bg gyF 4 I m. c i mom 3m �'. ys F gygyai 7 �= C r; s gym'"—$> - GF ors, i i ed e J c'sy N I .: ..re Loo<in, South YIVGU IMI I� IINIL• Y11/L1/yl Ll:ol rr, M_61k+L at') I115�'f?;Oh�(Yr Wk•X� it �I!.' 41 r,r,y c, _..._... a-- ' i LC P�,k:Mc? 4 1G d �' �l• 1141rK, x 311' .JC In�iA �) _ � s% fit H f 6 �n tw-:, . PJ A cAc A}�G�+Dtz �'�i ilk P�'+�c��„-,.......� ;�., -�r; �•,i: -, raj-,e;,, yif(e/ ter. 3 �>��a11 S_i_I-I Deta� 5 Lr rr471� ptJ Gt.� �r�ce �ra�e• l�e�.a� K sc»atdE : %2 pzlc.� C� .a �1 of al: o. r� o Avon- Neh4j Q,G.J.. F.gSNltilS- EviH $iCfn. Ron Arakelian 1636 Derringer Lane Diamond Bar, CA 91765 January 17, 1991 City of Diamond Bar City Planning Department 21660 East Copley Drive, Suite #190 Diamond Bar, CA 91765 RE: Video Kiosk Corporation ATTENTION: Ann J. Lungu This letter is in reference to the Public Hearing to be held on January 28, 1991 to discuss the request to place a fully automat- ed videomatic kiosk in the parking lot of the Standard Brands Paint Store located at 1139 South Diamond Bar Boulevard. I will not be able to attend the Public Hearing. However, as a resident of Diamond Bar, I would e it noted by way of this letter that I am opposed to this request and against the instal- lation of an automated videomatic kiosk in this parking lot. Sincerely, it Ron Arakelian _-' SFiN 24 '91 17�57 SUNNIEST HSSET M�f9T. ASSET MANAGEMENT CORPORATION January 23, 2991 Mz. Paul W: Reash Real Lstate Manager Standard Brands Paint Company 4306 West 190th Street Torrance, California 90509-295b Pgat-It'°brand fax transmittal memo 76'77 N of pagoa � To � UA�fI From ��e C. De u�,✓,✓J,//tee t+�/r— Phone ,s� aso-3o9c� `ETA FAX RE: DIAMOND BAR SHOPPINCr CENTER PROPOSED INSTATI..ATION OF AUTOMATED VIDEO HIOSK Dear Paul: We are in zeceipt of a Notice of Pubic Hearing in regard to the above referenced installation, a copy of wllich is enclosed. This letter is to ga on record regarding the approved�location of the Kiosk. The owner of the property located at 1155 So. Diamond $ar Blvd., Diamond Bar, California, has approved the location indicated on the attached site map. -Said approval is required by our Reciprocal Easement and Development Agreement. Also, thank you far agreeing to forward copies of the approved plans prior to commencing work. Should you have any questions, you may reach me at (714) 2$0-3090, Sincerely, STJNWEST ' ASS MANACxEMENT CORPORATION Pat Musolf Pzaperty Manager PM:klc cc: Ann J.Lungu, Diamond $ar Planning Dept. 12udy Figueroa, 'Video T{iosk Corporation Carol Karno, SUNWEST P.D. Box 19600 Irvine, Caiifornld 32773 7t4l250-3090 J�1N 24 '91 17�5= ;n ,nntieM10 .-N^�nma�o^ �: W r � � LtiJ � V a � as a � a ¢ �' � ��� 4o a Fug av+�" NO. c�7=zpao I.F J 4 J Z ? � Q �, �.`dPaOSyr �,�, N � `�M=N�� Wa � �RNN �a Q'S m � N[i .. y � J �y� W � V .G LL � r � 4 "o���`° g �� oU4�� c "�-� h amp--�Y SLINWEST gSSET h1Gh1T. 2 :.� � aQy �� 4. �a� ��' t;~ '� N m z � '•,a-. '. .I ill � - �". A.'. i j ���', �,.:µ I Ijl , i � �I 1 1NYN(1a153y g 1'IU'r I���I � f I � I i t$ N3alltl4 Mtl31Sa3 I I � I � olxaM u�rdx � zxadww ;' I � i �' I i, I 3�vueow � lwddmslxsx � ' alenitlnay zxzon+'ea -, � I � I i t i dONS lie3� 319a11aFr — 3]NYx(1 Na 3t9Y'11tlAa = � dl8'niYAYo NN07tl 'J. -!-`:a',- g a it ll�l I�I! �� °..; . .. .., c� = a -- `: ae � m ca w o' ¢ x - StlYSDa� 3Ulil� � '> � :.,f ` I. , i I i .. �` a i o t w 3 � 3+ � - o m _ d m - p O s Q in�v3nd aNvti� G,} L a� "�� �� � w c"� G _q Lq �P A G F iis~ w: �{ a 'b' v AGENDA ITEM NUMBER: REPORT DATE: CASEJFILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: APPLICANT/PROPERTY OWNER: BACRGROUND: City of Diamond Bar PLANNING COMMISSION Staff Report 5 JANUARY 23, 1991 JANUARY 28, 1991 ZONE CHANGE AMENDMENT 91-1 THIS IS A REQUEST TO CONSIDER THE IN- CLUSION OR EXCLUSION OF THE CHURCH LAND USE WITHIN THE CM (COMMERCIAL - MANUFACTURING) ZONES. NOT APPLICABLE r�4Y�i)� �?w.�uC]�I��J•�y In October of 1990 the City Council adopted an interim ordinance (Num- ber 15-1990) amending the list of permitted and conditionally permitted uses within the CM zone. The City Council is increasingly concerned with the City's financial future and adopted the interim ordinance in order to provide the necessary study time to review the most advanta- geous and appropriate land uses for the CM zone. In light of the ever expanding fiscal constraints placed on local mu- nicipalities, the City Council directed the planning staff to research land use controls to maximize the City's financial future via sales tax generating properties. It was felt that an interim ordinance used to provide supplemental controls for the increasing development pressure on the remaining commercial properties would be appropriate. The CM zones are located, generally, adjacent to or nearby the Pomona and Orange Freeways. There are two parcels in CM zones located north of the Pomona Freeway. Both of these parcels front the border between Diamond Bar and the City of Industry with one parcel located west of Brea Canyon Road on Lycoming Road and the other is located east of Brea Canyon on Washington Street. Diamond Bar Blvd is developed from Sunset Crossing to Highland Valley Drive with CM zoned property adjacent to the Pomona Freeway. Overlooking the 57 and 60 Freeways, stretching from the merger of the two freeways to the Grand Ave - Golden Springs intersection, the largest CM zone lies waiting for future development. As a result of these concerns, the City Council adopted emergency Ordi- January 28, 1991 Agenda Page Two As a result of -these concerns, the City Council adopted emergency Ordi- nance No. 15 (1990) on October 16, 1990. This ordinance effectively removed all non -revenue producing land uses (with the exception of ac- cessory uses) from the CM zone as a mechanism to grant additional land use controls in the period preceding the forthcoming General Plan. The duration of this emergency ordinance extended for a period of 45 days. As a result, the City Council met again on November 13, 1990 to extend the ordinance to the 16th of October, 1991. The City Council can, if necessity dictates, reevaluate this ordinance and extend it for an ad- ditional time period, not to exceed two years, as provided in Califor- nia Government Code section 65858 (a). The Council, as a result of public testimony presented at the public hearing, directed staff to provide the Planning Commission the opportu- nity to investigate the appropriateness for reintroducing the Church use into the CM zone. The recommendation of the Planning Commission will then be presented to the Council in the form of a resolution. APPLICATION ANALYSIS: The impetus for the CM zone interim ordinance is an outgrowth of con- cern for the orderly planning and use of the City's limited land re- sources. The Council has undertaken a comprehensive General Plan re- view and has also been involved in Economic Development discussions to address the long term economic objectives. As a result, the interim ordinance was initiated in order not to preempt the planning process. The interim ordinance was deemed to be an appropriate control mechanism that would allow the orderly planning process to continue in a manner consistent with the primary purposes of the CM zone, without the need to impose a complete development moratorium. For the City of Diamond Bar the impact is far felt and long reaching. The City currently pos- sesses five CM zones and this zone represents the greatest potential for new commercial development throughout the City. Two of the five CM zones are developed with mobile home parks although the Community Plan cites the land use as being incompatible. The CM zone along Diamond Bar Blvd. is developed by retail commercial, restau- rant and office uses. Gateway Corporate Center is developed in much the same manner with the addition of the Days Hotel. The remaining CM zone located 'on the southwest corner of Golden Springs Road and Grand Avenue is developed with an unoccupied office building and vacant developable pads. Currently, none of the CM zones within the City are developed with churches. Churches in the City are developed on sites zoned for resi- dential development and no churches are developed in commercially or industrially zoned areas although legally permissible. January 28, 1991 Agenda Page Three After surveying_10 surrounding -_communities four cities were found to expressly` proh:btt the development of churches in commercial zones. The remainder of the cities have instituted a review and permitting procedure by which church projects must be submitted for a discretion- ary review and public hearing in order to receive a conditional use permit within commercial zones. The reason for this procedure is that compatibility is not automatically assumed, so that each case is evalu- ated on the merits. Most often this land use is not considered to be compatible with most types of uses located in commercially zoned areas. ENVIRONMENTAL ASSESSMENT: The project has been deemed to have no negative impacts and to be Cat- egorically Exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated there- under pursuant to the Section 15305 of Division 6 of Title 14 of the -. California Code of Regulations. The Planning Staff recommends that the Planning Commission evaluate the information presented and find the interim Ordinance 15-A (1990) in its present form to be an adequate land use control until such time that the General Plan is adopted. ATTACHMENTS: Map identifying CM zones within the city. II. Ordinance 15A (1990) III. City Development Policies Survey \rls ORDINANCE NO. 15-A (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE? ORDINANCE NO. 15 (1990) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS IN SUPPORT THEREOF. A. Recitals. (i) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California and, on that date, the City Council adopted, by reference, the Los Angeles County Code as the ordinances of the City, including Title 22 thereof pertaining to Planning and Zoning Regulations for the City of Diamond Bar. (Hereinafter said Title 22 shall be referred to as "the Zoning Ordinance.") (ii) On October 16, 1990,ypursuant to the provisions of California Government Code Section 65858(a), this City.Council adopted its Ordinance No. 15 (1990) adopting interim zoning regulations pertaining to land use proposals for non-commercial or manufacturing uses in the C-M, Commercial Manufacturing Zoning District within the City. (iii) Pursuant to the provisions of California Government Code Section 65858(d) this City Council issued its written report describing the measures, taken to alleviate the conditions which led to the adoption of Ordinance No. 15 (1990) at least ten (10) days prior to the expiration of Ordinance No. 15 ( 1990) . (iv) A duly noticed public- hearing as required by California Government Code Section 65858 (a) was conducted and concluded prior to the adoption of this Ordinance. (v) All legal prerequisites to the adoption of this Ordinance have occurred. B. ordinance. The City Council of the City of Diamond Bar does ordain as follows: Section 1. The City Council hereby specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. Section 2. The City Council hereby finds and determines that the adoption of this Ordinance is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the Guidelines promulgated thereunder pursuant to Section 15305 of Division 6 of Title 14 of the California Code of Regulations. r Section 3. The City Council finds and determines that the development of proposed amendments .to the Zoning Ordinance are continuing; however, such development of amendments to the Zoning Ordinance cannot be completed prior to the expiration of Ordinance No. 15 (1990). Section 4. The ,City Council hereby specifically finds that there are land uses permitted within the C-M, Commercial Manufacturing Zone, the approval of which would contradict the ultimate goals and objectives of the General Plan and would not be subject to adequate local review under the provisions of the Zoning Ordinance unless Ordinance No. 15 (1990) is extended and, further, that the approval of any such land uses under the current provisions of the Zoning Ordinance would result in an immediate threat to the public health, safety or welfare of persons and property within the City of Diamond Bar, Section 5. Ordinance No. 15 (1990) of the City of Diamond Bar, as heretofore enacted under the authority of California Government Code section 65858(a), hereby is extended and shall be of no further force and effect as of the 16th day of October, 1991, unless the City Council has extended said Ordinance in the manner provided in said Section 65858(a). Section 6. This Ordinance hereby is declared to be an urgency measure pursuant to the terms of California Government Code Sections 65858(a) and 36937(b), and this Ordinance shall take effect immediately upon adoption. Section 7. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution No. 89-6. ADOPTED AND APPROVED this 13th day of November 1990. �l Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced. at a regular meeting of the City Council of the City of Diamond Bar held on the 13th day of November 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 13th day of November, 1990, by the following vote: AYES: COUNCIL MEMBERS: Horcher, Kim, Papen, Mayor Pro Tem Forbing and Mayor Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: r'. Lynda Burgess, Ci-ty Clerk of the City of Diamond Bar STATE OF CALIFO COUNTY OF LOS AI�VGELES SS CITY OFDIAMO INDBAR J • LYNDA BURGESS CITY CLERK OF THE CITY OF DIAMOND BAR, DO HEREBY CERTIFY THE FORGOING TO BE A FULL, TRUE AND CORRECT COPY OF THE ORIGINAL AS SAME APPEARS ES FILEAI;,IYOFFICE, BV WITNESS 1i' IEREOF, AVE HER SET MY HAND AND q},XED I H SEAL H . CITY OF �DI�AMOND THE OF c 19`7J AR' THIS„2"7rh_— ll — -- _ AY �- LYNDA BURGESS, C(I'y CLERK Deputy < ATTACHMENT "A" C-itiI COI�I�TERCI�IL ibla\ttF.�C7tiRI; iG ZOtiE Sections: �� 33.330 Permitted uses. ??.33.2=,'0 accessory- uses. 3?'.'33.3�0 Uses subject to director's review and approval. �?.?8.?60 uses subject to per-;its. -?3?5.?70 Development standards. . "'5.33O Permitted uses. Prl'mISCS in ZonaC-`i -.�•, he us�� ��r. -.. Thy loilowine commercial uxs: 1. Sales. — .-�ntiquc shops_ ' --� — .=.ppfianec stows. household. — .art g�(Icrics. — art supply stores. ' — auction houses, excluding animal auctions. ' — automobile sales. sale of new ar,d used motor vehicles. — automobile supple stures, provided aI(;cpair activities arc con- , " ducted within an rncloscd buildine. — Bakcn shops. ` . — Bicycle shops. — Boat and other marine sales. — Bookstores. . — Ccramicsishops. — Clothine stores. — Contectio��ry or candy stores. ` Y Delicatessens. — Department stores. — Disabilit}�rehabilitationandtraininecenters.exceptthatassembly and manutacturin� are permiaed ani�•as provided in subsection B of this szction. - _ — Dress shops. — Druestores. — Feed and Brain sales. . — Florist shops. . � — Fruit and veeetable markets. — Furniture stores. — Furrier shops. — Gih shops. 22?3? !0 Accessorn uses. Premises in Zone C-N1 may be used fur: A, The following accessory uses. subject to the same limitations and condi- tions provided in Section 22.33.040 (Zone C-H): Accessory buildings and structures. — Building materials. storage of. B. The following additional accesson uses. subject to the same limitations and conditions provided in Section ??.?3.i90 (Zone C-3): — automobile bod\ and fender repair. painting and ucLclste:;ea. v:he incidental to the sale of new automobiles. — Boats, minor repair of: — Manufacturing. processing. treating and pac!;aging incident_I to and operated in conjunction with the business conduc;cd on except as othcrv-isc provided as a principal use in Section ' ._` C. The follo:�:ing additional accessory uses: — Signs. as provided in Part 10 of C•rmaptcr 22.fl. (Ord. 1=94 Ch. 3 art. 3 159.n 23.250 Uses subject to director's review and apornval. Ifsit, c ns i<<e: - for arc first submitted to and approved by the director, premises in Zom C- f ma be used for: A. The followina uses. subject to the same limitations arc c %ci;iens provided in Section'_'.?3.050 (Zone C-h7: 22 23.260 uses subject to permits. Premises in Zone C-VI may bz used for: - AI > -The following uses provided a conditional use permit has `rsz been obtained as provided in Part I of Chapter 22.�0, and v:hiiz such per -it is in full force and effect in conformity with the conditions ofsuc;: ozrmit tor: — Hotels. Motels. — Offices_ busines) for professional.` _ .r Restaurants and other eating establishments. including food take - Out. AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF DIAMOND BAR ) I, TOMMYE A. NICE Deputy City Clerk of the City of Diamond Bar, California, hereby certify that on November 20, 1990, I caused to be posted ORDINANCE NO. 15A (1990) a copy of which is attached hereto and by reference made a part of this certificate. I certify under penalty of perjury that the foregoing is true and correct. Executed at Diamond Bar, California this 20th day of November, 1990. /s/ Tommve A. Nice TOMMYE A. NICE Deputy City Clerk of the City of Diamond Bar ,.�n � : r � _ - �. � ���� . � ...... K- LlJ e� = Lrl In w L CL a F- <- W CD O J W Lu C:) F- ui U"I InU- u F--i LLJ F- H 'd] Ca! CL/ J _J t3L CLi - H S (n W CD S J O Cl S C.L.. ....! "-' J I!l J 2 Ct Ln U"I S - S H W w W t u 4�1 41.1 t_7 CL LU fn M LC CL L1 W h%l r`j +V L -LLJ W LU „W- W J J ^ C7 1_r I 17) �j m CD -..-J C) = r7i C::1 W L5 Ln ,... S ._ I:i r 1 1= L} .._ — In u.1 cz, o z L1 p 2 J S H J r-,.y CC CL Ck_ +� W In S CD =!r- IZ u CL CL Is 0j 0 off — -1 — z =n W U CD L) U F- H O CD z CL GL. Lrt S J U-I F- CL S CL4 .... CE a .s Q= H � F- F W � sl w w F— F- C c u i CDCD W CL UJ L 1 CI O W- .u. -•. W O C'7 w rV O fV tV p {- I_n M:�- Ln F- In V) J . W 1= Ld W h O =n . CL!..= S CV x S 12 M S. S W S O S S W S ..._ C2 CL C4 _= H rL} W F=1 S o o u ac }- S - S_ F- 1--1.. CL/ CV _ Ln LU H S m J (, S co CL1 U U rO Fti Ln Ln INTEROFFICE TO: Honorable Chairman and Planning Commissioners VIA: James DeStefano, Director of P1 g FROM: Irwin M. Kaplan, Interim City Plann r SUBJECT: Status of Gateway Corporate Center Development Agreement DATE: January 23, 1991 Representatives of Zelman Development Company have reviewed a draft of the provisions to be included in the Development Agree- ment, which was accepted in principle by the Planning Commission in September, 1990. ' As a result of a subsequent it was agreed that two basic meeting with Diamond Bar City staff, areas of concern required additional work before this project could move forward. They are: 1. The Procedure to be Used to Implement the Plan Since Zelman Development Company felt that they could not commit those properties they no longer own to the City's planning requirements, a development agreement would not cov- er all the properties in Gateway Corporate Center. Accord- ingly, the City would have to impose regulations upon the entire Center, if all properties were to be included. Staff is now exploring alternative regulatory mechanisms to accomplish this, with the corollary objective of finding a mechanism which can be implemented quickly. Among the al- ternatives being explored, together with their timing impli- cations, are the Development Agreement, an Interim Zoning Ordinance and a Specific Plan, 2. Unresolved Substantive Issues A variety of issues were raised by Zelman in response to the draft of the draft provisions of the development agreement: Among the more significant are: a. Trip Budget and Monitoring Program Sid Mousavi, City Engineer, and Zelman representatives will meet to reconcile differences. b. A Pedestrian Travel Network In conjunction with Sid Mousavi, Byron Pinckert, Zel- man's architect, will prepare three alternative pedes- Memorandum to James DeStefano Page Two January 23, 1991 trian plans which are designed to connect proposed hotel and res- taurant sites with the central concentration of office uses. (Of- fice uses along Bridgegate and Valley Vista Drives will not be connected, since there appears to be no practical opportunity to create pedestrian connections which are shorter than the connec- tions along the existing roadway. The resulting designs will then be evaluated to deter- mine: i. Whether or not they are practical alternatives which will be used as intended, ii. If they can meet the state's requirements for han- dicap access, and iii. If the cost of installation and maintenance appear reasonable in the context of the total develop- ment. c. Right-of-way width for access street into Parcel #2. Although the Planning Commission accepted the idea of a reduction in right-of-way as requested by the applicant, neither Jim DeStefano or Sid Mousavi had evaluated the proposal. They will review the issue and report to the Commission. An important corollary issue - which needs to be ad- dressed if the wider right-of-way alternative is to be required, is the setback which will be required from the street. The objective would be to maintain an appropri- ate setback for aesthetic and functional purposes, while not penalizing the amount of development permitted on the site. I d. Uses Subject to Conditional Use Permit (CUP) Staff will work with the applicant to distinguish be- tween uses which are clearly ancillary in nature and those which are primary generators of traffic and park- ing demand. The major concern was for health clubs which, by virtue of their size or location, could either be easily absorbed into the Center, or could pose a ma- jor traffic and parking problem. The objective would be to simplify the process, so that a CUP would not be needed for uses which are in support of the primary uses in the Center, so they would not need to go through a protracted CUP process. Memorandum to James DeStefano Page Three January 23, 1991 e. A variety of miscellaneous issues were raised which were not deemed to affect the substantive issues. These will be addressed by staff. As a result, it is doubtful that all issues can be addressed by staff and the developer prior to the Planning Commission meeting of February 11, 1991, as reported at our last Planning Commisison meeting. We would recommend, however, that this matter be reviewed on Feb- ruary 11th with staff to provide an additional update and status report at that time. JDS:IMK:pjs - - i wl4 ill -II. �,M,mWJI.u14YANkInnIWaF.u. w...=.—«.I..�..T+nrx+Mr--.,'...+mwr•easu....-n-...—.. .r «•,.....,. mm - "—"--_ CITY OF DIAMOND BAR MINUTES OF THE PLANNING COMMISSION JANUARY 14, 1991 °^ CALL TO ORDER: vice Chairman Harmony called the meeting to order at 7:07 p.m. in the Walnut Valley School District Board Meeting Room, 880 South Lemon Street, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance by ALLEGIANCE: Commissioner MacBride. ROLL CALL: Commissioner Grothe, Commissioner Lin, Commissioner MacBride, and Vice Chairman Harmony. Chairman Schey was absent. Also present were Planning Director James DeStefano, Assoc. Planner Robert Searcy, Deputy City Attorney Bill Curley, City Engineer Sid Mousavi, Planning Technician Ann Lungu, City Planner Irwin Kaplan, and Contract Secretary Liz Myers. CONSENT CALENDAR: Motion was made by C/MacBride, seconded by C/Lin and CARRIED UNANIMOUSLY to approve the Consent Calendar and the Minutes of December 10, 1990. Motion was made by VC/Harmony, seconded by C/MacBride and CARRIED UNANIMOUSLY to reschedule the order of the agenda for the Public Hearing Items, in the order of #4, #5, #3, and #6. NEW BUSINESS: Staff reported the CUP 86-0410 is a request for an extension of time to construct a three story CUP 86-410 building, housing professional offices. The property is located on 1200 South Brea Canyon Road. Ann Lungu, Planning Technician, reported the application was filed on September 15, 1986, with the Department of Regional Planning, to allow for the construction of a one-story building for the use of retail stores, a three story building for the use of professional offices, and a zone change from R-1-8,000 SFR to C3 -DP -BE. A public hearing was held on June 10, 1987, whereas the zone change, the request to construct for retail stores, and professional offices were denied at this hearing. The zone change was denied at a public hearing on July 1, 1987. At the public hearing, and a de Nova hearing on November 19, 1987, the matter of the zone change and the construction of the two buildings were taken under advisement. The Board of Supervisors recommended, on December 22, 1987, that the Regional Planning Commission consider a revised project for the parcel of land and a zone change from R-1-8,000 SFR to C3 -DP -BE, rather than C -3 -DP -BE. On June 15, 1988, the Regional Planning staff recommended denial. On January 12, 1989, The zone change from R-1-8,000 SFR to CPD zone was approved. The Board of Supervisors declined its January 14, 1991 Page 2 intention to approve the said CUP, and instructed the County Council to prepare the findings and conditions. The staff recommended a one year extension ending March 30, 1992., A condition of the extension is that the project shall go through the design review process of the City of Diamond Bar. The City Attorney recommended any tentative subdivision map requirements of Los Angeles County shall be waived. VC/Harmony inquired what it would involve to waive the tentative subdivision map. Bill Curley, Deputy City Attorney, stated the code provides, as a mandatory condition of listing out, a tentative and a final map. The code refers to the possible subdivisions of larger parcels. In this case, there is only one single parcel, making a mandatory map an unnecessary procedure. C/MacBride asked if there were any correspondence, from neighbors, on file. Ann Lungu stated there are three ( 3 ) or four ( 4 ) letters, dating 1988 and 1989, from private individuals, in opposition to the project. C/Grothe stated there is no reason for allowing an extension. He was unable to visualize a three story structure anywhere in the area, and would have preferred to have had a site map at hand. He inquired if the CUP expires on it's own. Ann Lungu replied that it appears to expire on March 30, 1991. The applicant is applying for the extension. C/Grothe requested staff to gather copies of the opposition letters, as well as the site map, and bring it back the next meeting. James DeStefano, Planning Director, clarified the letters of opposition date back to 1986 and 1987, when the project was first proposed. There is time to table the issue and obtain all the information requested by the Commission. VC/Harmony noted the letters of opposition may still be relevant. He suggested a public hearing may be functional. C/MacBride summarized the purpose of the condition, which stated the project go through the design review process, was to enable the Commission to receive new information to assist in the final �:.A, u_�T4 A.r r, r .,IAI,..,,, i 114,.�,_ I January 14, 1991 Page 3 Fi decision. 6_a.n, James DeStefano stated the approval was for a three story building. The record is not clear as to what precise architecture would accommodate the three story building. If the Commission approves the extension, the Commission would do the architec- tural review, in lieu of staff. VC/Harmony inquired why the project is being given a one (1) year extension. James DeStefano explained a (1) one year extension gives the applicant sufficient time to go through the design review process, submit drawings for construction plan check, and go through all of the construction steps necessary for the commencement of the development of the project. A six (6) month extension was deemed a bit tight. VC/Harmony asked how long the applicant has had since the last approval. James DeStefano replied the applicant has had two !_ (2) years since approval. j VC/Harmony asserted he would like the project to come back as a brand new project, with a public hearing. He believed there is more involved -.than just a Conditional Use Permit (CUP). C/MacBride clarified if the motion to deny is approved, the applicant may start de Nova, giving the Commission ample opportunity to consider all the ramifications whether there is a protest level. James DeStefano affirmed the applicant may appeal to the City Council. If they choose not to appeal, or the City Council concurs with the Commission's actions to deny the extension request, then they would need to come back with a full public hearing, complete plans, and additional data. Motion was made by C/Grothe, seconded by VC/Harmony and CARRIED UNANIMOUSLY to deny the extension of time for CUP 86-0410. PUBLIC HEARING Staff reported the CUP 90-0127 is a request to ITEMS: complete, in two (2) phases, the addition of twenty F nine (29) pads for the placement of mobiles. The f CUP 90-0127 19.5 acre site is currently developed with 118 pads and is known commonly as the Diamond Bar Estates. The site is surrounded by industrial uses and multiple family residences. Robert Searcy, Assoc. Planner, reported the I i 1:, 11 IN 11111 0A i i.i,i _,_ January 14, 1991 Page 4 applicant has requested, in writing, a continuance of this public hearing' in order to have time to clarify some' points of .concern staff raised in their report. VC/Harmony declared the Public Hearing open. Kevin Bouvian, residing at 21217 E. Washington, inquired as to what kind of barrier walls will be located between the park and the railroad. He asked if a playground for the kids have been planned. Rob Searcy replied the barrier wall will be a six (6) foot, sound proof block wall. After the completion of phase three (3), there will be no play area other than what exists currently. Kevin Bouvian stated, in his opinion, the six (6) foot wall would not be adequate for the trains, nor for keeping the children out of the area. The current wall is fifteen (15) feet and provides no barrier to sound, Dwayne Chamberlain, residing at phase 48 of the Diamond Bar Estates, stated there is presently, only. one entry in and out of the park, which is not adequate. He inquired if, with the addition of 30 more families, better access will be provided. Rob Searcy reported there is no change in the site plan as it exists as far as access. There will remain the one central access existing today. VC/Harmony noted an extra gate that is now currently chained closed. He pondered if it created a fire hazard. Ruth Cornelly, assistant manager of the Diamond Bar Estates, wondered if the spa and pool facilities will remain the same to accommodate the residents. She informed the Commission that the extra gates are only opened in case of fire. Rob Searcy reported the pool facility will remain at the existing club house. Kathleen Rose, residing at 21259 Cottonwood Lane, has no objection to the expansion. She questioned the ownership status of a piece of land on Cottonwood Lane, which used to be a portion of Washington street. The portion of land is not maintained, and is full of tumbleweeds that residents must cross to get to the condominium complex across from the Diamond Bar Estates. She inquired if it was possible to tie in the Af,Y U..ilP! ■ 11 . N' .._,:.. i.""N •wirK t� t"4 n"I r'tl iv4.54a,u2,v,.. III January 14, 1991 Page 5 ' improvement with the development. VC/Harmony suggested the issue be brought up to staff after the meeting. Dwayne Chamberlain wanted to know, if the expansion is approved, will there be is there provisions to upgrade the condition of the park. The small owners association has requested that management upgrade the lights, and upkeep the grounds. They are concerned that, with the additional pads, upkeep will diminish further. He stated the expansion is acceptable as long as they meet with the standards, as well. VC/Harmony suggested the association work with the Planning staff to elaborate on the ideas, and be prepared to come back to the Commission. James DeStefano commented that staff was under the impression that the residents were notified of the proposed expansion. He recommended continuing the item to the first regular meeting in February 1991, and direct the developer to meet with the residents to inform them of what is being proposed. In this manner, the staff would be able to incorp;9ra all i of these different issues and providetw,. more y complete report to include the revised stafNfwreport with the appropriate conditions. $— C/MacBride affirmed the meeting would be an excellent opportunity for the residents to have some input in the developer's plans. He wondered what will happen to the facilities in the present sump area, to be called a recreation area, when it is removed. Ruth Cornelly asserted the residents were notified about the expansion. However, she stated many questions were not answered and a meeting with the owners would be helpful to help the residents prepare for the next Commission meeting. C/MacBride suggested the residents confer with staff to set up a meeting date and urged the residents to communicate their concerns. Motion was made by C/Grothe, seconded by C/MacBride and CARRIED UNANIMOUSLY to continue the public rTkl hearing item to the meeting of February 11, 1991. CUP 90-0117 Staff 11 reported the CUP 90-0117 was a request to expand an existing adult care facility, in a renovated single family residence, located in a residential neighborhood. The expansion will allow an increase from the current six (6) residents up h '-T7V' T'll'7� �" � . - January 14, 1991 Y C Page 6 to a maximum of 24 residents. Rob Searcy reported the subject residence is in it's original size and shape. The request would seek to expand it to fifteen (15) bedrooms. The size would be approximately 6,210 feet, with double occupancy capabilities, and would house three (3) employees. The house is, located at 1000 Park Spring Lane, which is in a residential R-1-8,000 neighborhood. The application would expand the structure from 2,,150 sq. ft. to 6,210 sq. ft. The parking requirements would increase from two (2) to nine (9) spaces. There is no signage proposed with the application. The project is located at the terminus of a cul-de-sac and is approximately 1/2 acre in size. The total lot coverage ratio for the project site after the proposed addition will be approximately twenty-six percent (26%). Landscaping and open space will comprise over three quarters of the site and ranges from landscaped slopes to landscaped pad areas that can be utilized for recreation. The access to the site is a 105 foot driveway. Parking is planned to be created along the eastern elevation in what is currently an embankment supporting the adjacent neighbor's yard. Providing the parking places at this location could prove to be prohibitive because of the required back up area and the necessary improvements, such as a retaining wall in excess of six (6) feet. Staff has identified, as a major concern, compatibility with adjacent single family residences. In addition to this concern are the issues related to appropriateness of use and aesthetics related to the alterations as proposed. Rob Searcy continued to report that the care for the residents is not critical care in nature and basically provides assistance in areas they may have deficiencies in providing for themselves. The residents are seniors that range in age from 62 and older. The total staff required for the facility is projected to be three (3) employees during the day shift and two (2) employees for the night shift. The size of the residential care facility is a significant intensification beyond the surrounding land uses, as well as the existing on- site use. The traffic generated from the site is likely to increase over the current number of trips. By state law, and right of zone, small residential care facilities are deemed to be a compatible form of residential use within a residential zone. The threshold has been delineated to be six (6) persons before discretionary review is required. The expanded use does, however, fall within the discretionary action of local governing bodies. These larger facilities 4 � �U •�u_s��n-� i _...:r,L «I�,k._.t�l._ uai Vrc� Page 6 to a maximum of 24 residents. Rob Searcy reported the subject residence is in it's original size and shape. The request would seek to expand it to fifteen (15) bedrooms. The size would be approximately 6,210 feet, with double occupancy capabilities, and would house three (3) employees. The house is, located at 1000 Park Spring Lane, which is in a residential R-1-8,000 neighborhood. The application would expand the structure from 2,,150 sq. ft. to 6,210 sq. ft. The parking requirements would increase from two (2) to nine (9) spaces. There is no signage proposed with the application. The project is located at the terminus of a cul-de-sac and is approximately 1/2 acre in size. The total lot coverage ratio for the project site after the proposed addition will be approximately twenty-six percent (26%). Landscaping and open space will comprise over three quarters of the site and ranges from landscaped slopes to landscaped pad areas that can be utilized for recreation. The access to the site is a 105 foot driveway. Parking is planned to be created along the eastern elevation in what is currently an embankment supporting the adjacent neighbor's yard. Providing the parking places at this location could prove to be prohibitive because of the required back up area and the necessary improvements, such as a retaining wall in excess of six (6) feet. Staff has identified, as a major concern, compatibility with adjacent single family residences. In addition to this concern are the issues related to appropriateness of use and aesthetics related to the alterations as proposed. Rob Searcy continued to report that the care for the residents is not critical care in nature and basically provides assistance in areas they may have deficiencies in providing for themselves. The residents are seniors that range in age from 62 and older. The total staff required for the facility is projected to be three (3) employees during the day shift and two (2) employees for the night shift. The size of the residential care facility is a significant intensification beyond the surrounding land uses, as well as the existing on- site use. The traffic generated from the site is likely to increase over the current number of trips. By state law, and right of zone, small residential care facilities are deemed to be a compatible form of residential use within a residential zone. The threshold has been delineated to be six (6) persons before discretionary review is required. The expanded use does, however, fall within the discretionary action of local governing bodies. These larger facilities 4 � �U •�u_s��n-� i _...:r,L «I�,k._.t�l._ uai Vrc� January 14, 1991 Page 7 are designated for location within multiple family and transitional zones. Also, the existing parking �.- is very limited because of the location on a cul- de-sac. It is foreseen that there would be a prohibition.for any on,,street, -parking within the cul-de-sac area. Rob Searcy reported the commission was supplied with numerous letters from residents both in support and opposition to the site. Mr. Searcy indicated that Deputy Luter of the Sheriff's Department has expressed his concerns that the use may not be compatible to the adjacent usage, and the lack of accessibility may create substantial problems. James DeStefano stated nine (9) additional letters were received by staff regarding the project in ,which seven (7) of the letters were in support of the project and (2) were in opposition. Staff recommended the Planning Commission adopt the attached resolution of denial based on the findings as presented. The Public Hearing was declared open. _ Smita Sanghvi, the applicant, residing at 963 Dare Court, explained her residence is approximately 800 feet from the site. She stated she owns two (2) boarding care homes for the elderly that are, state licensed. She recounted her educational qualifications and proceeded to convince the Commission of the importance for the need of Senior centers. She asserted that she is providing a growing need, within the community, for Alzheimer patients and other related disorders. She depicted her intentions of the proposed expansion: A walk in the back; fire sprinklers; a red tile roof; and a security gate that conforms to fire codes. The building will go through the state fire marshall department, licensing department, and the health and safety department. She argued since the elderly residents don't have a lot of visitors, there will be a minimum increase in traffic of approximately 40 to 50 visitors weekly. She pointed out that her business is not a retail outlet. In summarization, she stated the community needs elderly facilities for Diamond Bar residents and more help is needed. VC/Harmony asked if there where any speakers in favor of the expansion to come forward and limit their comments to five (5) minutes. Linda Scheck, program director for the Alzheimer January 14, 1991 Page 8- r Association of Orange County, described the need for long term care for Alzheimer and related disorders. She stated Orange County .has 420 licensed boarding facilities throughout the County with approximately six (6) -patients each. The applicant needs to increase the residency to make it more economical and improve the level of daily activities. C/MacBride inquired how many Boarding Homes have more than six (6) patients. Linda Scheck replied the exceptions represent approximately 3% to 4% of the population. George Bening, 1240 N. vanBuren, Anaheim, the architect to the project, stated his willingness to work with staff on any alterations to the project. VC/Harmony called a five (5) minute recess at 8:30 p.m. VC/Harmony called the meeting to order at 8:42 p.m. He requested speakers come forward who are in opposition to the expansion. George Bening asserted the property allows for three (3) to four (4) apartment complexes. Rob Searcy confirmed the zoning is R-1-800 which restricts it for single family usage only. Jim Warner, residing at 23504 E. Grand Rim Court located above the proposed building site, presented a letter and a copy of a fire report dated 1989. He requested the Commission visit the site and note that building by the hillside would require drastic grading. He is concerned any retaining wall would be unable to support the weight of the hill during a rainy season. Norman Nissell, residing at 1007 S. Park Spring Lane, stated complaints about the facility: It has no parking on the street; there is no area for their garbage now, which is frequently scattered by a stray dog; there is a lack of staff to control the elderly patients and many times they have entered into his property; there has been pushing of the patients by the staff; he has seen staff drinking in their cars in front of his home; and the present hillside, which is approximately 30% of the size of the lot, is not very well maintained. Fearing a devaluation of the property if the project is allowed, he does not feel the applicant should be profitable at his expense. a7II 1, rt, NIL L I, t", WtCkMItv.moI .h��tln,u6Lea�n ,xi'�.vxL tkx;�NC.'ai> El January 14, 1991 Page 9 Don Chalet, residing at 1027 Banner Ridge Road, commended the Commission on their diplomatic approach to reviewing the issue. He was surprised to receive notification of the expansion. He stated the location of the facility in a residential location is not appropriate. He expressed concerns about the facility: There is only one street into the cul-de-sac; the expansion could decrease property value; and allowing this expansion could set a precedent for future undesirable ventures. He agreed there is a need for such facilities, but argued there is a proper place and location for them. Dan Nelson, residing at 23520 Grand Rim, stated his complaints to the project: There is a 40% slope that would slide into the facility in a heavy rain; there seems to be a discrepancy with the information the applicant states, and he would like clarification; there is doubt the employees are not capable in handling the patients during an emergency; the property is not kept up; the red tile roof is not in conformity to the rest of the neighborhood; the patients are Alzheimers now but would they include other ailments such as AIDS, drug addictions, etc. He stated warehousing Alzheimer patients in a ridential area is inappropriate. 411,. Roy Smith, residing at 23508 Grand Rim Court, stated he would not have bought his property if he had known the facility would have expanded into a commercial business site. Jim Jacobs, residing at 1003 Park Spring, stated patients have wandered into home. There are many children on. the block and the trash, which includes urine and fecal matter, is a health hazard. The fire codes require more ,than just sprinklers as stated by the applicant. He noted that three (3) staff members are not adequate to care for twenty- four (24) patients. Pat Brody, residing at 1021 Park Spring Lane, asserted the facility is not appropriate in a single family home and it belongs in a commercial area. He is totally against it. Louise Nissel, residing at 1007 Park Spring Lane, has witnessed physical abuse, and neglect. It is unacceptable to increase the capacity of the -facility,., Ron Sweenis, residing at 1022 Park Spring Lane, ,stated he has stopped speeding employees. The facility does not belong there. January 14, 1991 Page 10 Cheryl Jacobs, residing at 1003 Park Spring Lane, stated she can "t argue the need of the care but questioned the appropriateness of the location. VC/Harmony confirmed with staff that the existing facility is not at issue. James DeStefano stated that a few years ago, the State of California took away land use authority from local cities and said a facility with six (6) patients or less can be permitted in any residen- tial zone, in any city. Don Chalet stated he is now aware the facility is allowed to remain. He asked if there can be something done in regards to the garbage, and the care given to the patients. Smita Sanghvi, the applicant, responded to some of the concerns expressed by the audience. She stated that: the facility will have a trash compactor with additional trash service; there will be no extra noise with the increase of patients; the ambulances came six (6) times last year; the location is perfect because of its seclusion; half of the people were even unaware of the present facilities; and fire codes will be met. She stated health care is very expensive and she is doing her best to keep the price affordable for her patients. Peggy Cooperman, in the medical field for fifteen (15) years, worked in a convalescent home and a retirement home, stated the applicants patients should not be allowed to wander in a residential neighborhood. Such incidents do happen, but the facilities should be in the appropriate area. Elita, an employee of the applicant, stated the trash does not belong only to the applicant. She explained that what the residents are perceiving to be abuse is actually the only way to handle the patients because they have a tendency to become aggressive. She asserted the extra twenty-four (24) patients would not be a problem to care for. Smita Sanghvi noted the security gate will keep patients from Wandering. Marie Upright stated, after hearing the stated i concerns, it is her opinion the facilities be declared a nuisance. She noted that many nursing homes are a lock -in facility and, feels the children should not be witness to these patients. Roy Smith, neighboring behind the applicant, stated his small children do note the moaning and noises iF �--yFl�l HAI 1. .nWn�llalNUuuM.I�r1ImM.l+.�.�-..�--.,--+�—...rv+�im.r.- � +- •.n,✓n�m-n--�----.+-� � .�a--.r,�n. un�.���..m.r• January 14, 1991 page 11 coming from the facilities. The Public Hearing was declared closed. VC/Harmony inquired if the CUP can limit the type of care the facility can provide. James DeStefano confirmed the type of care can be limited. VC/Harmony noted there is no turn around area in the driveway and asked if the fire department has reviewed and commented on the configuration. Rob Searcy replied that the plans have not been submitted to the fire department, as of yet. VC/Harmony inquired how big the retaining wall in the back of the facility will be. Rob Searcy stated the applicant proposed a six (6) foot wall. However, staff estimated the wall should be at least twelve (12) feet to give the appropriate stability. q C/Grothe concurred there is a major need fow. the type of care that is currently being offered. He does not foresee a problem with the fire safety, trash, and security. These are issues that can be handled legally. The retaining wall can be appropriately constructed to retain the size of the slope. He stated the problem arises in having such a facility in a single family resident area. The constructing of a major commercial facility would remain as such virtually for life. He does not feel the facility falls in the zoning of single family residence. C/Lin concurred, after visiting the site, that the location is not visible from the street. She is confident the facility would be able to meet the codes. However, the zoning is R-1, and a business of the proposed size, should not be in this type of neighborhood. It should remain a single family residence. C/MacBride informed the audience that all of the Commissioners have visited the property. He gave his reassurance that the Commission will do their best job in evaluating the situation. The issue addresses the entire community on how the adult population is cared for. He stated his admiration on the dedication and the expertise of the applicant. However, to intensify the use of the facility would place a too intolerable burden on the neighborhood. He affirmed the present use January 14, 1991 Page 12 should remain as itis, and wished the applicant ,. well in conducting a facility which seems to beh appropriate at the present moment. C/Lin remarked that deep down, the majority has a sympathy for those with Alzheimer and a deep appreciation for those who care for these people. Neighbors should feel obligated to help the facility keep on. VC/Harmony maintained, that upon visiting, he was impressed with the facility and there was a sense of caring from the director. The idea of expansion is too massive of a construction for the pad size. Every community needs to face its realities and these type of facilities are needed. However, six (6) people may be an adequate number to care for. He urged the neighbors to visit these people and see them for the circumstance they are in. He wished the applicant good luck. Bill Curley noted changes of the draft resolution presented to them: Page (3), section 3c should be deleted; section 4a should read "...to accommodate this density of development and use."; and section 4b should read"' ... can not reasonably accommodate." ! Motion made by C/Grothe, seconded by C/MacBride, and CARRIED UNANIMOUSLY,�to pass the Resolution of Denial for CUP 90-0117, as amended. Sign Ordinance Staff reported 'the` draft sign ordinance is a request to amend certain provisions of Title 22 of the Los Angeles'County Code, as heretofore adopted by the City of ;Diamond Bar, pertaining to signs. James Destefano reported the Commission has received the latest draft sign code package, which incorporates a discussion of'non-conforming signs and sign abatement. The package has been distributed to approximately sixty (60) individuals and organizations for their review and input. The outstanding issues of the draft sign ordinance revolves around the need for specific language refinements. James DeStefano reviewed the key components of the ordinance in order to be -sure -the document reflects the Commission's philosophy and policies on the issues. A brief discussion will be necessary in regards to the -non -conforming and sign abatement irs provisions within the document. Depending upon the changes, the document should be brought back to the Commission, at the next meeting, for consideration of a Resolution of Approval at the next meeting. January 14, 1991 Page 13 `_1 The key components that staff would like the Commission to review are: 1. page 15, section 106 of the Basic Sign Program - Is it the Commission's desire to have all illuminated signs reviewed by the Planning Commission? There are numerous requests for signs received daily. A high percentage of those signs are illuminated. 2. page 16 - Does the Commission want to review all wall signs in a multi -use building or commercial center where more than one wall sign is proposed? Staff receives numerous requests of wall signs within existing commercial centers. 3. page 17 & 18 - Staff is concerned that signs may be too small in regards to Commercial Real Estate. The policy dictates a 24 sq. ft. maximum sign area for most of the categories. In reality, there may be great difficulty in enforcing the policy creating signs in constant code enforcement resolution. The same circumstance applies to the sub -division and model homes signs. 4. page 18 - It is recommended- the political signs be removed from the ordinance. There are numerous issues surr=ounding political signs. To attempt to set a standard as to the J number of signs, or the square footage area of the sign, would be unenforceable by the City. 5. page 19 - Staff would like to re-examine the issue dealing with the intensity, maximum wattage of the temporary holiday lighting. It is now suggested -that the lighting must be removed 30 days after the permit is issued. Staff noted that in some holidays, 30 days seem to be excessive. However, the time period and the retail time period between about November 15 and January 15 may require more than 30 days for this type of holiday lighting. 6. page 19 - In regards to the temporary search light permit, the policy presently refers to one search light per property. Some shopping centers are made up of multiple parcels, in which case, multiple search lights would be permitted. The ordinance should be clarified with a definition for shopping centers which would allow for a certain number of search lights at a shopping center. 7. page 24 - Does the Commission want to review Condominium, Subdivision, or Rental Community signs where the maximum sign area is 16 square feet? 8. page 26 - A variety of Exempt signs, located in -public parks and City facilities, are suggested to be submitted for an advisory ' I I .s"A. IiP1ItA III;;, I 1 -7 _— , - January 14, 1993. Page 14 architectural review by the Planning "��''' Commission, Staff wished to caution the i' Commission that it is more a Council policy issue as to 'whether they want to delegate that specific authority to the Planning Commission, the Park and Recreation Commission, or to staff. VC/Harmony interrupted the report to suggest the staff review a Council ordinance on architectural review that delegates architectural review on development projects, and so forth, to the Planning Commission. 9. pages 284, 29, & 30 - The areas related to Prohibited signs will be stricken from the final ordinance. To specifically list permitted signs and list prohibited signs create a grey area for those signs that fall somewhere in the middle. It is best to have a sign ordinance that specifically lists signs that are permitted and everything else is deemed to be prohibited. 10. The final 12 pages of the document have some policy issues that the staff will review with the Commission; if so desired. James DeStefano stated there are still some definitions that need language clarification. As an example, the definition of sign area needs clarification because it is very difficult to understand. He noted there has been very little comment and input concerning the document from individuals and organizations. C/Lin requested staff classify the uses of the free standing monuments noted on pages 21 and 22. James DeStefano replied, on page 21, it refers to a free standing sign for a single use. Page 22, refers to a free standing sign for a commercial center. The square footage for a sign face area triples for a commercial center, although height remains the same. The Public Hearing was declared open. Rachel Sieger, residing at 22939 E. Escerol Drive, suggested the Commission adopt a conservative approach to signs in Diamond Bar. The proliferation of signs in a community effectively decreases the property value, and quality of a community. She noted the large number of political signs and suggested restricting the numbers allowed. t A _. �i�a tU, ,.ti __� - _ y{ I.N..wV.» i�.uHYIAIN�116��axrilb4klk^W-..^ � .•,y .r �.d`��Y3��`.s""'<... _ i .�.�.. ,.... _ __ _ _ '_ _ �' - . __ m .nas.a.� �. _ . _ __ .. __ January 14, 1991 -Page 15 Carolyn Gallanzier, residing at 224 N. Elencino Drive, concurred with the concern of maintaining a conservative approach with sign policy, and allowing for exceptions as they appear. She remarked that political signs should come down after an election, as quickly as they were put up. Dan Buffington, 2605 Indian Creek, applauded the sign ordinance. He is concerned the ordinance places a large work load onto the Commission and a burden to the new shop keeper to obtain a sign. Bob Zirbes, residing at 2141 Tierra Loma Drive, handed the Commission a survey conducted by the Diamond Bar Improvement Association (DBIA) regard- ing the sign ordinance. He noted Diamond Bar residents preferred a stronger sign ordinance in town and maintain a conservative approach. Richard Sieger reiterated that the lack of the pro- liferation of signs keep real estate value high. Marie Upright suggested that the ordinance should include a policy in regards to repairing beat up signs. j Charles Kauld, residing at 2711 S. Diamond Bar Blvd., business holder in the Towne Country Center, urged the Commission to consider the situatiop of businesses. Signage is essential.to the operation of a successful business. Irwin Kaplan, City Planner, inquired if the Commis- sion wished to include a CUP provision for food, fuel and lodging signs adjacent to the freeway that would allow for freeway visibility, appropriate to the neighborhood. There is no such provision and it would be inappropriate to write in a code sec- tion for freeway visibility. However, a limited CUP, allowing the Commission the opportunity to hear special circumstances may be appropriate. C/MacBride asserted there is a need for such a pro- vision because; there is an intense interest in it; it is justified and will save a lot of trouble down the road. He would like to see Mr. Kaplan's sug- gestion implemented. VC/Harmony inquired how exceptions in regard to j pole signs were stated. James DeStefano recalled the issue was concluded in which any use, with some set of unique circum- stance, would seem to be eligible to process a variance request describing those circumstances whish caused a need to deviate from the established January 14, 1991 Page 16 ' codes. The maximum height of six (6) feet would remain in effect. There was no talk, specifically, about public uses, which have raised some concerns, that are adjacent to the freeway, It was generally discussed how one may go about receiving an appro- val for a sign that differed from the prescribed standards. Irwin Kaplan explained that a variance is a dif- ficult procedure to determine if it is a variance for height, location, or freeway access. He sug- gested using the CUP as an alternative. Bill Curley stated a variance gives a very narrow set of parameters. The CUP gives a broader range of flexibility. Irwin Kaplan suggested using a CUP procedure that is narrowly focused. VC/Harmony stated the words in the CUP should be tough and the definition should be beyond question. Irwin Kaplan suggested, in regards to signs in multi use buildings, the Commission distinguish between signs from new tenants in existing centers as opposed to a new center with a series of new signs. The former may not need to be part of a plan sign program that needs review by the Planning Commission. Irwin Kaplan stated the Commission distinguished between signs that are non conforming by virtue of type of signs, as opposed to signs that are non conforming because of size. Type of signs would be a pole sign or a roof sign. In the discussion, it was determined that the illegal type of signs would be phased out after the fifteen (15) years. Signs that were illegal in all respects, except size, would continue until such time the business changed, as opposed to trying to go on an enforcement campaign. As the document is now written, it makes no distinguish between signs that are non conforming by virtue of size, versus signs that are non conforming by virtue of type. Our original discussion stated we would go after the signs that were of a type no longer to be legal. Bill Curley rebutted that the structured has been broadened rather than trying to develop a definable criteria. By directly articulating all the signs the Commission approves or disapproves, gets into an area fraught with both definitional and equal protection challenges. The way its structured, "they shall be permitted to remain for fifteen (15) years", puts us up to our threshold time where we A January 14, 1991 Page .17 can remove them without having to pay. Whether or not there is aggressive removal is an unspoken issue. There is no penalty to a jurisdiction for failure to enforce it's own standards. The structure gets you around the scenario of justifying removal of one sign but not another. We tried to craft in as much flexibility. Irwin Kaplan remarked it iss-a policy issue. Either way, fifteen (15) years down the road, the City will have to enforce something. VC/Harmony asked for clarification if all signs will be abated in fifteen (15) years or if signs will be abated by size, shape and configuration. Bill Curley explained, as of now, it is structured in such a way that it leaves it unspoken. The state standards have been met. C/Grothe concurred in allowing staff some authority over approval of sign replacements, in existing shopping centers, that conform to the codes and - ordinances. He stated- there should be specifications to a six (6) foot height sign that is not geared to some topographical situation.V, He asserted, in regards to a CUP or a variance with L pole signs, specific rules and conditions should be devised describing a full set of uniformed guidelines. w C/Lin noted the ordinance draft is thorough and conservative. She stated concern of the topography and location for the different business centers. She believed a CUP must be adopted to establish guidelines that can be followed in the future. She has begun taking pictures of the commercial centers to see the percentage of signs that would be non conforming or in violation to the code. VC/Harmony reviewed parts of the document he had questions on. 1. page 2 of non conforming signs, paragraph 4 - He requested the meaning be explained. Bill Curley explained it refers to site or center rehabs in which a sign, sensibly, may or may not be need to be changed to accommodate the site used but, with the 50% factor, they might as well redo anyway. 2. page 1 of non conforming signs, paragraph 2 - He questioned how it applies to multiple advertisers on pole signs. Bill Curley explained it allows partial January 14, 1991 Page IS removal of a sign. 3. page 2, section 102B. 5b. - He noted the application process was not to be done. James DeStefano concurred and stated the section will be removed. 4. page 3, section 102B. Sc. -- He inquired why a Planning Director would waive a requirement and for what situations. Bill Curley pondered that initially it began as an amalgamation of a variety of City standards that may have picked up something at a time when a Planning Director's scope included building official. James DeStefano stated the item will be reviewed. 5. page 4, top line - He wanted 11th" removed. 6. page 5, item F - He requested a clear definition of "right of.way". 7. page 5, item G - He would like some consideration for arabic numerals included. 8. page 6, section 106E - He would like the definition of the area of a sign to be improved. 9. page 8, item L - He noted the definition sounds more like an ordinance. 10. page 11, item II - He noted the definition sounds more like an ordinance. James DeStefano stated section LL on page 11 will be removed. 11. page 12, item PP - He suggested including the word "candidate". 12. page 15, section 106 - He corrected the typing error which should read "...Planning Director or...". .James DeStefano noted wording such as " ...Planning Director or his..." will be amended to read ..."his/her". 13. page 16, section 106A - He noted that maximum height of wall signs was left blank. James DeStefano explained that maximum height needs to be stricken to allow the flexibility to create signs'of various lettering heights, shapes, and so forth. r n_, MIF IP -H, January 14, 1991 Page. 19 14. page 17, item B - He inquired to the measuring of the signs. ,Tames De5tefano explained that sign face area refers to per face. He inquired if the Commission wants 24 square feet to be the limit, especially in regards to real estate. 15. page 18, item B6 - He inquired as to why the section on political sign will be removed. Bill Curley explained political signs may have loose restrictions but they may not be strictly regulated because of the dangers of trifling with the first amendment. 16. page 22, section 108D.3 - He requested examples to the meaning of the special condition. Irwin Kaplan responded that the special condition is in response to the Commissions concern of shopping centers in a hole whereby some of the buildings had their backs to the roadway. The Commission felt they ought to be entitled to an additional sign on the rear of ' the building as well as the front. A concern is to keep the signs uniformed. The special condition allows the aggregate square footage of signage on that building front and rear to exceed the 100 square feet. The size it may exceed will be at the Commissions discretion. Motion was made by C/MacBride, seconded by C/Grothe and CARRIED UNANIMOUSLY to continue the Public Hearing to the next regular meeting of January 28, 1991. DA 90-2 Staff reported DA 90-2 is a request for a Development -Agreement for Gateway Corporate Center located South of the 57 Freeway and off Golden Springs Drive. James DeStefano reported a development agreement was drafted for review by the Gateway people, as well as the internal City staff, and City Attorney. More time is needed to sort out a variety of issues. Staff recommended the issue be continued to the meeting of February 11, 1991. Public Hearing was declared open. Motion was made by C/MacBride, seconded by C/Lin and CARRIED UNANIMOUSLY to continue the Public Hearing to the meeting of February 11, 1991. January 14, 1991 Page 20 ANNOUNCEMENTS: VC/Harmony inquired of the Commissions interest in a Speakers Bureau., C/Grothe recommended the City maintain a list of passible speakers to be kept at the City office. C/MacBride stated he was uncomfortable with the idea. C/Lin concurred with the other Commissioners. ADJOURNMENT: Motion was made by C/Grothe,, seconded by C/MacBride and CARRIED UNANIMOUSLY to adjourn the meeting at 11:40 p.m. Clair Harmony Vice Chairman James DeStefano Secretary/Planning Commission