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Home My WebLink About02/15/2011 TM F City of Diamond a CityCouncilgA end a Tuesday, February 15, 2011 5: 15 p.m. — Closed Session — Room CC-8 5:30 p.m. — Study Session — Room CC-8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Steve Tye Ling-Ling Chang Mayor Mayor Pro Tem Ron Everett Carol Herrera Jack Tanaka Council Member Council Member Council Member City Manager James DeStefano City Attorney Michael Jenkins 0 City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk,and are available for public inspection. If you have questions regarding an agenda item,please contact the City Clerk at(909)839-7010 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990,the City of Diamond Bar requires that any person in it need of any type of special equipment,assistance or accommodations)in order to communicate at a City public meeting,must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondoar.com Please refrain from smoking,eating or drinking in the Council Chambers. The City of Diamond Oar uses recycled paper and encourages you to do the same. I� i ` a r DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast live on Time-Warner Cable Channel 3 and Verizon FiOS television Channel 47. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent'Calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted.to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, Time-Warner Cable Channel 3, ROS television Channel 47 and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7010 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Cassette/Video tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 THIS MEETING IS BEING BROADCAST LIVE FOR VIEWING ON TIME-WARNER CABLE CHANNEL 3 AND VERIZON FiOS TELEVISION CHANNEL 47, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND ARE ALSO AVAILABLE FOR LIVE AND ARCHIVED VIEWING ON THE CITY'S WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA February 15, 2011 Next Resolution No. 2011-03 Next Ordinance No. 03 (2011) CLOSED SESSION: 5:15 p.m., Room CC-8 Public Comments on Closed Session Agenda No- Government Code Section 21865 Copley Drive, Diamond Bar Agency Negotiator: City Manager Negotiating Party: South Coast Air Quality Management District 21865 Copley Drive Diamond Bar, CA 91765 Under Negotiation: Price and Terms of Payment STUDY SESSION: 5:30 p.m., Room CC-8 ON- FY 2010-11 Mid-Year Budget Review - Discussion Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Sr. Pastor Troy Wong Gateway Friends Church Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. February 15, 2011 PAGE 2 ROLL CALL: Council Members Everett, Herrera, Tanaka, Mayor Pro Tern Chang, Mayor Tye APPROVAL OF AGENDA: Mayor 1 SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificates of Recognition to Diamond Bar AYSO, Region 31 U-8 Girls Squad for winning the Grand Prize in the Nationwide Contest "Share What you Love About Frosted Flakes", sponsored by the Kellogg Company. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Household Hazardous Waste and E-Waste Round-up — Saturday, February 19, 2011 — 9:00 a.m. — 3:00 p.m., 1300 Block of Bridge Gate Drive. 5.2 Parks and Recreation Commission Meeting — February 24, 2011 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 City Council Meeting — March 1, 2011 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of February 1, 2011 —Approve as submitted. February 15, 2011 PAGE 3 (b) Regular Meeting of February 1, 2011 —Approve as submitted. 6.2 Parks and Recreation Commission Minutes — Regular Meeting of November 18, 2010 — Receive and file. 6.3 Planning Commission Minutes — Regular Meeting of January 11, 2011 — Receive and File. 6.4 Ratification of Check Register — Dated January 27, 2011 through February 9, 2011 totaling $1,587,589.08. Requested by: Finance Department 6.5 Approval of Notice of Completion for Residential Area 6 Road Maintenance Project. Recommended Action: Accept Extended Warranty and Approve. Requested by: Public Works Department 6.6 (a) Approval of Plans and Specifications and Award of Construction Contract for Traffic Signal Installation at Brea Canyon Cutoff Road and the Southbound State Route 57 Freeway Ramp in the Amount of $155,015 to Freeway Electric, Inc. and Authorize a Contingency Amount of $15,500 for Contract Change Orders to be Approved by the City Manager for a Total Authorization Amount of $170,515. (Pending Approval of the Mid-Year Budget Adjustment). Recommended Action: Approve, Award and Authorize. (b) Approve Contract Amendment with Warren C. Siecke for Supplemental Design Services and Construction Management in the Amount of $13,325 for Traffic Signal Installation at Brea Canyon Cutoff Road and the Southbound State Route 57 Freeway Ramp. (Pending Approval of the Mid-Year Budget Adjustment). Recommended Action: Approve. Requested by: Public Works Department February 15, 2011 PAGE 4 7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard. 7.1 Adopt Resolution No. 2011-XX: Approving Project No. PL 2010-163 Consisting of Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program. A Development Review Request to Construct a New 36,142 Square-Foot Three Story Professional Office Condominium Building; A Tentative Tract Map No. 71396 to Subdivide Air Space for a 30-Unit Office Condominium; A Variance to Increase the Building Height From 35 Feet to 39 Feet; A Parking Permit to Share Access and Parking with Diamond Hills Plaza; and A Comprehensive Sign Program for New Signage on the Building Located at 2705 S. Diamond Bar Boulevard (Assessor's Parcel Nos. 8285-020-096 and 097). Recommended Action: Receive Staff's Report; Open the Public Hearing; Receive Testimony, Close the Public Hearing and Adopt. Requested by: Community Development Department 7.2 Adopt Resolution No. 2011-XX: Approving a One-Year Extension of Time for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to Construct a Nine-Unit Residential Condominium Located at 23671 Golden Springs Drive, (Assessor's Parcel Number 8281-028-030). Recommended Action: Receive Staffs Report; Open the Public Hearing; Receive Testimony, Close the Public Hearing and Adopt. Requested by: Community Development Department 8. COUNCIL CONSIDERATION: None. 8.1 Adopt Resolution No. 2011-XX: Amending the FY1 0-11 Municipal Budget. Recommended Action: Adopt. Requested by: City Manager 9. COUNCIL SUB-COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6 . 1. (a) CITY OF DIAMOND BAR U, CITY COUNCIL STUDY SESSION RAFT FEBRUARY 1, 2011 STUDY SESSION: M/Tye called the Study Session to order at 5:32 p.m. in Room CC-8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tern Ling-Ling Chang and Mayor Steve Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Bob Rose, Community Services Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Anthony Santos, Management Analyst; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Engineer; Kimberly Molina, Associate Engineer; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. 01- DOG PARK FEASIBILITY DISCUSSION CM/DeStefano reported that staff was directed to look into the feasibility of a dog park in D.B. A number of cities have dog parks and a number of cities are looking at the possibility of creating dog parks in their cities. CSD/Rose went on to give Council the history of the "dog park" concept as well as provided a power point presentation showing dog parks that are already in use in the City of Los Angeles, Fullerton, and Dana Point. He also showed in what areas of the City that Council might consider placing a dog park. These included areas at Ronald Reagan, Peterson, Pantera and Summit Ridge Parks. Site D was also suggested as a possible site. PUBLIC COMMENTS: Following discussion by the Council, M/Tye opened the discussion to the public. The following public comments were made by residents in attendance. Jonathan Ellis said he was pleased with the presentation and looked forward to hearing more about the proposal. He stated that his daughter Ashley has her eye on a plot of land controlled by the YMCA near the Little League Park on the north side of town. His daughter wrote a letter to staff several months ago about that location. David Roberto, Parks and Recreation Commissioner, stated that it was his understanding that residents in the Silver Tip area were not interested in a dog park. February 1, 2011 Page 2 Study Session Minutes Lucy Davis said she was very pleased with the presentation and looked forward to more dialogue. Ken Davis wondered if there were any sites that were larger because it seemed that the proposed sites were too small. CM/DeStefano said there are none. Barbara Cerrera said her dogs like to socialize and need a secure area. Sid Cerrera was concerned about residents using existing parks as dog parks where one sees dogs running without leashes now. With no fencing, there is a possibility for confrontations. He agreed that cities that attempt to create dog parks using grass and other amenities are open to failure because it does not last long. He would prefer the Council consider decomposed granite, wood chips or something other than turf. He recommended that the area at Site D might be the best parcel. CSD/Rose said the largest area would be the undeveloped area at Pantera Park because it offers an opportunity to be constructed in an area larger than the 1.35 acres if incorporated with the toe of slope and other unknown undeveloped areas. Site D is a 30-acre site and anything that is developed as a park would take away from the future development at the site. M/Tye pointed out that Pantera Park already includes many of the amenities recommended by the JPIA including nearby restroom facilities. CSD/Rose agreed with M/Tye and said that Mission Viejo has set aside $79,000 just for the design of a dog park and that the cost will be about $850,000 to build the dog park on a 3-acre site with parking and other amenities. CSD/Rose said it would be unlikely that the Pantera Park area would have to be graded because the elevation changes may provide an "as is" useable site. CM/DeStefano said the Council may not want to grade that site because it has rock outcroppings, etc. that would offer a natural play area. He explained that there are no other sites that are equivalent to the size of the Orange County sites. The sites that were shown are underutilized sites at existing parks. To try to capture a two to three-acre site other than the Pantera Park site would require absorbing already dedicated parkland. MPT/Chang stated that she felt dog parks were necessary in this day. A lot of parks and ball fields accommodate certain age groups; however, dog parks can incorporate a wider age range and individuals get to recreate with their dogs. February 1, 2011 Page 3 Study Session Minutes Pantera Park offers sufficient flat areas with natural topography which lends itself to being used as a dog park. The school across the street supports a dog park in that location. In general, the neighborhood is accustomed to traffic and the existing Pantera Park development. M/Tye asked staff about the cost of ongoing annual maintenance. CSD/Rose felt it would not likely cost any more to maintain since it would be included in the annual maintenance contract as long as dog owners cleaned up after their dogs. MPT/Chang said her intern researched the matter and that there is a wide range of maintenance costs. Costa Mesa went to two phases. The first phase was landscaping $111,000 and lighting which shouldn't be an issue. Redondo Beach built its park in 1996 at a cost of $88,000. The cost of maintenance varies. Groups like the Boy Scouts use these parks as projects and do cleanup and maintenance. There are also "Friends of the Dog Park" groups that raise funds for maintenance. Silicon Valley charges membership and those fees cover the maintenance costs. C/Herrera said she appreciated staffs presentation. If the City decides to build a dog park she prefers the natural topography of the undeveloped area of Pantera Park because she felt dogs would have a good time in such an atmosphere. She would like more information about costs and whether the JPIA would have an opinion about the safety of the different sites. In fairness, the Parks Master Plan has not been adopted and the Council has not had a chance to look at the items in the plan and take any of those items under consideration. Before the City Council makes a decision on a dog park she would like to consider other components within the Parks Master Plan with the dog park being one of the components. She believed the Council should prioritize the expenditures that might result from such a complete consideration. C/Tanaka said that a few years ago he had several inquiries about a dog park. He liked the presentation and thought it was a good idea; however he would not want to take current park space for a dog park but would consider undeveloped or unused areas. M/Tye said that some decisions would likely be made simply in light of fiscal considerations. He agreed with C/Herrera that he would like more information and agreed with C/Tanaka about not using existing park space . He would like to know how well utilized particular areas are such as Ronald Reagan, Peterson and Pantera. February 1, 2011 Page 4 Study Session Minutes CM/DeStefano asked CSD/Rose if the Parks Master Plan spoke to additional uses for the Ronald Reagan park area. CSD/Rose said additional uses were discussed such as expansion of the tennis court. MPT/Chang said that Fullerton's start up cost was $6000 which included chain link fencing, wood chips and irrigation on an existing piece of city property adjacent to the library. C/Everett said he would recommend incorporating the proposal into the Parks Master Plan and proceed. He believes in dog parks because D.B. is a "Family City"; however he is cautious about the realistic expectations. He is also sensitive to what the JPIA, Humane Society and the Sheriff's Department epartment have to say and the importance of good design being "State of the Art". As an alternative, he would suggest that the interested parties develop a "Friends of the Dog Park" in this area and expand its reach to Walnut and other places. He would also like to suggest including experts at Cal Poly as well as consider property at the edge of D.B. adjacent to CalPoly. CM/DeStefano asked if the City Council wanted to eliminate any sites shown during the presentation. M/Tye asked Council if they had a preference. It was decided to eliminate Ronald Reagan, Peterson and Summitridge Parks. Staff was directed to look into the areas in the undeveloped portions of Pantera Park. ADJOURNMENT: With no further business to discuss, M/Tye recessed the Study Session at 6:15 p.m. to the Regular City Council Meeting. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of 2011. STEVE TYE, Mayor Agenda No. 6 . 1:, (b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 1, 2011 STUDY SESSION: 5:32 p.m., Room CC-8 ® Dog Park Feasibility Discussion — Discussion and Action. Study Session Recessed at 6:15 p.m. to the Regular Meeting CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Chief Montoya led the Pledge of Allegiance. INVOCATION: None. ROLL CALL: Council Members Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tern Ling-Ling Chang and Mayor Steve Tye. Staff Present: James DeStefano, City Manager; Assistant City Manager David Doyle; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Greg Gubman, Community Development Director; Rick Yee, Senior Civil Engineer; Kimberly Molina, Senior Engineer; Anthony Santos, Management Analyst; Ryan McLean, Assistant to the City Manager; Lauren Hidalgo, Public Information Specialist; Christian Malpica Perez, Associate Engineer (Traffic); Patrick Gallegos, Management Analyst, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 M/Tye presented Certificates of Recognition to Winners of the Diamond Bar Home Holiday Decorating Contest for 2010 to the Medina, Ledbetter and Gudvangen families. Assemblyman Hagman's office also provided Certificates to the winners. 1.2 MPT/Chang proclaimed February 7-11, 2011 as "National FBLA-PBL" (Future Business Leaders of America) Week and presented the proclamation to Walnut High School FBLA President Avika Kua. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano, stated that in response to a request by C/Tanaka at the last City Council meeting for an update on the progress of the County Library relocating to the new city hall building he asked ACM/Doyle to give a brief update. FEBRUARY 1, 2011 PAGE 2 CITY COUNCIL ACM/Doyle reported that funding for the design of the proposed library within the new City Hall location in an amount of about $333,000 has been verbally approved by Supervisor Don Knabe. Formal approval will take place on February 15 through the County's mid-year budget adjustment. D.B. has been working earnestly with LPA Architects on the conceptual plan. This is not a final approved plan but has been reviewed and approved from a schematic and conceptual context by the County Librarian. He presented an overview of the conceptual plans. The County Library has been moving forward with the County and at this moment in time the project is on track, on target and on timeline. The next step for D.B. is to begin negotiating a long-term operating lease, the details of which were presented to Council in staffs recent report. Negotiations would include the term of the agreement and division of the maintenance, utilities, etc. If there is a surplus of funds available those surplus funds will be reinvested into the D.B. Community Library. C/Herrera asked if ACM/Doyle would speak about meeting with the Friends of the Library. ACM/Doyle stated that staff has been meeting with the Friends of the Library to understand their issues with respect to the book store. At a future meeting, staff will be invited to share with the Friends what came about as a result of the group's direct input. C/Tanaka asked where the additional operating costs and rent would come. ACM/Doyle said that staff does not yet understand those numbers because the full discussion has not yet taken place. The current library pays for landscaping and utilities for the existing facility and depending on what those costs are relative to staffing needs, those additional operating costs will have to be offset by reducing their expenditures. The City will maintain the exterior of the building, the landscaping and whatever is attached to the interior walls of the library facility and with what the County is currently paying, it may be enough to offset those additional costs the library will have. 3. PUBLIC COMMENTS: Derick Oki, 21215 Cottonwood, said he was concerned about the increasing incidents of graffiti at the Hampton Court Townhomes (corner of Lincoln and Washington Street) where the proposed park is intended to be constructed. He asked what the City can do to mitigate this nuisance. 4. RESPONSE TO PUBLIC COMMENTS: CIVI/DeStefano said that graffiti is an activity the City attempts to monitor in areas of the City that are often hit. Staff works with the Sheriff's Department to increase patrolling of these areas but it is very difficult to catch offenders in the act. If residents see someone suspicious under suspicious circumstances, they FEBRUARY 1, 2011 PAGE 3 CITY COUNCIL should contact the Sheriffs Department. The City has a very good contract provider that eliminates graffiti as quickly as possible after the offense. The hotline for graffiti control is 800-794-7384. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — February 8, 2011 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.2 Traffic and Transportation Commission Meeting — February 10, 2011 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.3 City Council Meeting — February 15, 2011 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 5.4 Household Hazardous Waste and E-Waste Roundup — Saturday, February 19, 2011 from 9:00 a.m. to 3:00 p.m., 1300 Block of Bridge Gate Drive, Gateway Corporate Center. 6. CONSENT CALENDAR: C/Evereft requested that Item 6.7 be pulled for further discussion. Herrera moved, C/Everett seconded, to approve the Consent Calendar as presented with the exception of Item 6.7. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1. CITY COUNCIL MINUTES - Regular Meeting of January 18, 2011 — Approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of December 14, 2010. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of December 9, 2010. 6.4 RATIFIED CHECK REGISTER — dated January 13, 2011 through January 26, 2011 totaling $679,908.09. 6.5 APPROVED TREASURER'S STATEMENT— Month of December, 2010. 6.6 APPROVED THE CALIFORNIA LONG-TERM ENERGY EFFICIENCY STRATEGIC PLAN (CEESP) MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS AND THE CITY. FEBRUARY 1, 2011 PAGE 4 CITY COUNCIL 6.8 APPROVED A CONTRACT WITH KOA CORPORATION — CBM CONSULTING FOR TRAFFIC SIGNAL BATTERY BACKUP SYSTEM DESIGN AND CONSTRUCTION MANAGEMENT SERVICES ALONG BREA CANYON ROAD, DIAMOND BAR BOULEVARD, GOLDEN SPRINGS DRIVE, GRAND AVENUE, AND PATHFINDER ROAD IN THE AMOUNT OF $26,700, PLUS A CONTINGENCY AMOUNT OF $2,700 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $29,400. 6.9 SECOND READING AND ADOPTED ORDINANCE NO. 01(2011) AMENDING SECTION 10.12.310 OF TITLE 10, CH/APTER 10.12 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO PRIMA FACIE SPEED LIMITS FOR CERTAIN CITY STREETS. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 SECOND READING AND ADOPTION OF ORDINANCE NO. 02(2011) MODIFYING REGULATIONS PERTAINING TO DANGEROUS ANIMALS, ANIMAL LICENSING PROCEDURES, ABATEMENT OF BARKING DOGS AND OTHER NOISY ANIMAL NUISANCES, AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. C/Everett asked for reconsideration with respect to moving the final oversight connection from the County to the City Manager (Bullet 4 on Page 2 of staff's report). He stated that he was concerned about how the law and the perception of the appeals process would be addressed. Only one or two appeals in the past 20 years have been heard and believes these matters are very significant because animals are a part of one's family and needs to be treated with respect. The administrative law is normally appealed to a commission, board or council-like body. Because he feels that this administrative process is fundamental to American democracy, due process gives every pet owner a chance to have a hearing before their peers. D.B. does not have a City animal commission but it does have a City Council that oversees these ordinances. Personally, he does not feel it is a significant burden or extra work for the Council and that it would preclude the frustration of appeals to the Superior Court. He requested that the City Council change the fourth bullet to read that after the City Manager makes his/her recommendation, further and final appeal would be to the City Council. Following discussion by the City Council, C/Herrera asked CA/Jenkins if the motion to reconsider must come from one of the four Council Members that voted in favor of the First Reading. CA/Jenkins responded by saying that although C/Everett used the word "reconsider" he did not mean it in a technical sense. What he meant was that he would prefer that the Council Members not vote to adopt the FEBRUARY 1, 2011 PAGE 5 CITY COUNCIL ordinance as currently written and that the Council direct staff to rewrite the ordinance. This item is before the Council tonight for Second Reading and does not become effective unless Council votes to adopt it tonight. C/Herrera said the ordinance is before the Council for adoption to cure the defects in the previous ordinance. She has been on the City Council for some time and has been aware of residents who complain about barking dogs and in some cases the owner does nothing to stop their dogs from barking. Not every homeowner is a good pet owner. Some pets are chained up and confined to small areas and when those dogs bark the owner does nothing to cure the problem which is one of the reasons the Council is trying to tighten up this code. She does not want to be in a position of acting as a hearing panel and judging her peers. She does not want to be a micro-manager, she is a policymaker and she wants to delegate the fulfillment of that policy to City staff. C/Tanaka said he did not think it would be a big workload issue for the Council to hear an appeal. The Inland Valley Humane Society does a great job and follows several actions before it gets to the appeal process. He felt that it would give residents an opportunity to be heard and therefore would not mind rewriting that section of the code. M/Tye said he had not heard anything this evening that changed his mind from two weeks ago when the City Council had its First Reading of the proposed ordinance. He asked who the hearing officer was when this matter was handled by the County. CM/DeStefano said it was not the City of D.B. and asked ATCM/McLean to respond. ATCM/McLean stated that in the case of a dangerous animal, the appeals board was made up of three individuals from the County. One from the County Veterinarian's office, one designated by the Executive Officer of Clerk of the Board from a panel of the State Committee of Peace Officers appointed by the County Board of Supervisors and a member of the County Department of Health Services Public Health Investigation. The City struggled to find that definition when it had to put the board together. M/Tye asked for concurrence with his belief that individuals going through the appeals process never had the opportunity to appeal the matter to the City Council of D.B. or to the County Board of Supervisors. ATCM/McLean said that M/Tye was correct. M/Tye said it was appropriate, as a matter of policy, to designate the City Manager and/or his/her designee. FEBRUARY 1, 2011 PAGE 6 CITY COUNCIL C/Evereft moved, C/Tanaka seconded, to direct staff to rewrite the ordinance in accordance with his recommendation. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Tanaka NOES: COUNCIL MEMBERS: Herrera, MPT/Chang, And M/Tye ABSENT: COUNCIL MEMBERS: None C/Herrera moved, MPT/Chang seconded,. to adopt by second reading Ordinance No. 02 (2011) as recommended by staff and currently written. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, MPT/Chang, And M/Tye NOES: COUNCIL MEMBERS: Everett, Tanaka ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: None 8, COUNCIL CONSIDERATION: 8.1 APPOINTMENT OF NEW PLANNING COMMISSION: M/Tye moved approval of appointing Jimmy Lin currently serving on the Traffic and Transportation Commission to serve as a Planning Commissioner filling the unexpired term of Kathleen Nolan. AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None M/Tye asked staff to post a Notice of Vacancy for a new Traffic and Transportation Commissioner. 8.2 SR57/60 GRAND AVENUE CONFLUENCE PROJECT, METRO CALL FOR PROJECTS APPLICATION. CM/DeStefano spoke about the proposed project and staff's recommendation that the City Council ratify staff's approval of and support for the application for funding submitted by the City of Industry. Staff supported the application because of the City's ongoing support by the adoption of a joint resolution between the cities to help move this project along. He stated that if the Council chooses not to continue to support staff's approval, staff will notify Metro and withdraw its prior support. CM/DeStefano then introduced SCE/Yee who provided a more indepth report. FEBRUARY 1, 2011 PAGE 7 CITY COUNCIL SCE/Yee referred to staff's November 2010 update to the City Council regarding a two-phased project. Since that time progress has been made in the development in terms of strategizing this project to best compete for available funding. To that end, the project has been broken down into three phases; however, the overall scope of the project remains the same. One of the phases is the subject of the application which SCE/Yee provided the power point presentation as an overview of the Grand Avenue Confluence Project that includes the Grand Avenue bypass road and minor realignment of the SR57. The total project cost (all three phases) is estimated at $275 million. The subject of the application for the Metro Call for Projects is the capacity enhancements at Grand Avenue and Golden Springs. The proposed improvements are to add one additional lane for both southbound and northbound directions. As a result, there will be physical widening of the street section that will involve right-of-way takings on both sides of the golf course to add retaining walls to support the added width of the roadway. The takings will not involve the operational features of the golf course. There will be improvements that include an additional left-turn lane and right-turn lane on westbound Golden Springs Drive. The Phase I design is expected to be completed in 2012 with construction to commence shortly thereafter and completion sometime in 2013. Phase 2, pending good news regarding the Metro Call for Projects Application, design will begin sometime in 2012 with construction commencing shortly thereafter and completion slated for 2015. Phase 3, pending availability of construction funding, will start in late 2013 and be completed in late 2016. In conclusion, staff is asking Council to ratify and approve the Metro Call for Projects funding application. In the meantime, staff will continue to work on building regional support for the project and pursue creative funding opportunities as well as, traditional funding sources for the project. C/Herrera said she appreciated this update for the residents. This is a regional project that the City has been working closely on with the City of Industry for several years. She is proud that many of the cities surrounding D.B. within the region are in full support of this huge project that requires a monumental effort by a great number of people to guarantee its success. She hoped that the City could continue getting the funding in place. Council Members and staff will be traveling to Washington D.C. to continue the effort to get additional funding to fund the entire project through the SR60 goods and transportation movement corridor, a very important corridor to California and to the nation as a whole. C/Everett thanked staff for the report and that if residents have any questions they may call staff at City Hall. M/Tye said that in his opinion, the SR60 is a mess and when campaigning for City Council most candidates found the number one issue to be traffic. FEBRUARY 1, 2011 PAGE 8 CITY COUNCIL D.B. has to do everything possible to improve traffic. M/Tye said he appreciates the partnership with City of Industry to move this project along for the best possible improvement for residents and businesses that the City has spent years attracting. MPT/Chang thanked staff for the presentation. She commented that many freeway projects tend to be "quick fixes" and after learning more about this project it appears this will be a long-term fix that will help the freeway system for years to come. There was no one present who wished to speak on this item. C/Herrera moved, MPT/Chang seconded, to Ratify and Approve staff's approval of the Metro Call for Projects funding application. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None M/Tye asked if there was anyone who wished to,address Council on Item 8.1. Allen Wilson resident said he understood there were other applicants for the Planning Commission position but those individuals were not listed in the agenda packet and believed the public should be able to review the applications in the spirit of transparency. Mangal Gulshan stated that he had submitted an application for the Planning Commission vacancy and asked if the applicants were supposed to be contacted for an interview prior to the Council making its decision. CA/Jenkins explained to the speakers that applications for any commission appointments are public records and available for anyone to review upon request. There is no obligation that those applications be included in the Council's agenda packet. However, at the point when the agenda packet is prepared the applications are available for review upon request at City Hall. There is no particular procedure or protocol for interviewing candidates. The appointments are made at Council discretion. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka stated that two weeks ago he and his colleagues watched AYSO Region 31 "Team Frosted Flakes" who won a chance to meet with Tony the Tiger and receive an inspirational speech from Tino Martinez of the New York Yankees. He attended the LA County's Sanitation District 21 meeting; the Foothill Transit Executive Board meeting; Chaparral Chinese New Year FEBRUARY 1, 2011 PAGE 9 CITY COUNCIL Celebration; 2011 American Cancer Society Relay for Life kickoff for the D.B. Relay for Life scheduled for June 11 and 12 at Lorbeer Middle School from 9:00 a.m. on Saturday to 9:00 a.m. on Sunday; the Indo-American Culture Association of Southern California celebration of Republic Day. He asked that tonight's meeting be adjourned in memory of long-time D.B. resident Sherry Arnold who perished in a home fire. C/Everett congratulated Jimmy Lin on his appointment to the Planning Commission and for his service on the Traffic and Transportation Commission. He thanked all Commissioners for their service to the City and spoke about each Commission and the many programs they influence. C/Herrera thanked staff for pursuing with Caltrans the matter of slope repair on the damaged hillside on Golden Springs Drive just north of the Pomona Freeway. Residents have commented about how terrible it looked and when would D.B. fix the problem not realizing Caltrans was responsible for the area. She noticed that the hillside was recently recovered in plastic and seems to be secure. MPT/Chang reminded residents to follow her on Facebook and Twitter. She was very pleased that Council was moving forward to consider the feasibility of a dog park. She attended the League of California Cities Environmental Quality Policy Committee which focused on electric cars and charging stations. She attended the D.B. Women's Club "Who Done It" event which was a very impressive production. She attended Curt Pedersen's retirement event. Mr. Pedersen was Chief of Staff for Supervisor Don Knabe for ten years and who she worked with through the science center. M/Tye agreed that one of the bright spots of the past two weeks was watching the Frosted Flakes in the gym working out with their coach and winning the event. The holiday decorating campaign, the military banners and the stroll down memory lane history project staff will be coordinating are just a few of the really wonderful events the City coordinates. If residents have something they would like to share or donate as historical items for archive and display please call the City's public information office at 909-839-7055 and they will explain how you can donate and share with the community. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council meeting at 7:55 p.m. in memory of Sherry Arnold. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2011. STEVE TYE, MAYOR Agenda No. 6 . 2 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION THE GOVERNMENT CENTER HEARING BOARD ROOM DIAMOND BAR, CA 91765 NOVEMBER 18, 2010 CALL TO ORDER: Chairman Grundy called the Parks and Recreation Commission meeting to order at 7:05 p.m. in the SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Herndon led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Lew Herndon, Dave Roberto, Vice Chairman Ted Owens and Chairman Dave Grundy. Absent: Commissioner Benny Liang was excused. Staff Present:. Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Claude Bradley, Parks and Maintenance Supervisor; Andee Tarazon, Community Services Coordinator, and Marcy Hilario, Senior Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As presented in the agenda. CONSENT CALENDAR 1.1 Approval of Minutes for the Regular Meeting of October 28, 2010 as corrected by C/Owens. Motion by C/Herndon, second by C/Roberto. Without objection, the motion was so ordered. i 2. INFORMATIONAL ITEMS 2.1 RECREATION PROGRAM UPDATE — CSC/Tarazon presented staff's report. NOVEMBER 18, 2010 PAGE 2 P&R COMMISSION 2.1.1 PowerPoint Presentation — Fall Fun Festival/Haunted House Chair/Grundy asked how this year's attendance compared to last year the Haunted House attendance and CSC/Tarazon responded that it was at its usual 200 (212) whereas, Halloween night, a school night, attendance was down. Last year there were about 309 participants and this year there were 257. C/Herndon asked about the number of volunteers from each high school. CSC/Tarazon responded that about 75 percent of the volunteers were from DBHS and about 25 percent from Diamond Ranch High School C/Herndon congratulated CSC/Tarazon on doing a fantastic job on the Fall Fun Festival. Chair/Grundy concurred. Chair/Grundy commented that another aspect of the Fall Fun Festival and Haunted House that is important to the community is that this provides a safe venue for kids. 2.2 Parks Report— PMS/Jordan C/Herndon asked if the graffiti at Sycamore Park was a regular occurrence. PMS/Jordan responded that the reference was minor marker marks. The graffiti at the park is generally down along the creek bed at the east end of the park near Diamond Bar Boulevard. 2.2.1 Power Point Presentation — Centralized Irrigation System C/Roberta asked if the City was using recycled water. PMS/Jordan responded affirmatively and explained that recycled water is used in the areas with lower elevations where it is available. The percentage of recycled water is about 10 percent of the overall usage. C/Herndon wanted to know about the life expectancy. of the systema PMS/Jordan said he believed it would last at least a decade if properly maintained. The infrastructure involves , on-going maintenance and. change out, but the controllers are computerized and solid state. From time to time, issues surface; however, the vendor offers very effective on site support staff. CSD/Rose explained that the City did not pay the $500,000 system cost from the General Fund. D.B. received a grant from Metropolitan Water District of about $166,000; and $67,000.from Walnut Valley Water District, for a total of about $233,000.. Without these grants, this system would not have been installed. The goal is to save 33 percent of the City's 'annual water usage and, with .the current conditions throughout the state, it is very important to conserve water. D.B. has initiated this system along with reduced turf landscaping; the two priorities for conserving water, NOVEMBER 18, 2010 PAGE 3 P&R COMMISSION 2.3 C I P Projects— CSD/Rose. 1. Silver Tip Park — CSD/Rose stated that the consultant is putting final touches on the construction documents for plan check. 2. Washington Street Mini-Park — After the last plan check review, the consultant is making changes to the plans. Staff received a new set but discovered problems with the plans and requested corrections prior to being sent back for plan check. Plans should be back with staff tomorrow for further review and then on to plan check. 3. Larkstone Park — Staff is scheduled to meet with the Lewis Homes Developer in a couple of weeks to discuss geotechnical issues. 4. Sycamore Canyon Creek Repair — Staff received and is in the process of reviewing the proposals for a recommendation to the City Council. 5. Sycamore Canyon Trail Phase IV — Rivers and Mountains Conservancy finished their review and their input for repairing the riparian habitat and type of planting material has gone to the consultant for incorporation into the plans. 3. OLD BUSINESS: None - 4. NEW BUSINESS: 4.1 Commission Meeting Schedule for December 2010. The Commission concurred to adjourn the December. 2010 meeting to January 27, 2011. Chair/Grundy asked staff to advise C/Liang. 5. ANNOUNCEMENTS: C/Roberto thanked staff for their reports. He attended the Haunted House and was very impressed. On behalf of the Diamond Bar Community Foundation, he thanked Commissioners who attended the Gala.. C/Herndon said he is always impressed with staff'spresentations and reports. He.thought the Gala was very well done and attendance was good. C/Herndon thanked staff for the tour of the new City Hall, which he found to be very . informative. VC/Owens attended the Veterans Ceremony and thanked staff for their good. work. He also thanked staff for the PowerPoint presentations. Chair/Grundy thanked staff and CM/DeStefano for hosting the,new City Hall tour and the great commentary. He_complimented.staff on a great year and_a great �. g rY job:on everything they have done: The past few years.the economy has been challenging for everyone but budgets will begin to free up and good stuff will be forthcoming.: NOVEMBER 18, 2010 PAGE 4 P&R COMMISSION ADJOURNMENT: VC/Owens moved, C/Herndon seconded, to adjourn the meeting. With no further business before the Parks & Recreation Commission, Chair/Grundy adjourned the meeting at 7:58 p.m. The foregoing minutes are hereby approved this.Z7r�day of iAh kel k� , 2011. r Respectfully Su. mitted, B'O SE, SECRETARY At st: DAVE GRU DY; HAIRMAN r : MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 11, 2011 CALL TO ORDER: Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Nolan led the Pledge of Allegiance. 1 ROLL CALL: Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack Shah, Vice Chairman Kathy Nolan, and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director; Brad Wohlenberg, Assistant City Attorney; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of December 14, 2010. C/Lee moved, C/Shah seconded, to approve the December 14, 2010, minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review No. PL 2010-296 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval for an addition of 1,566 square feet to an existing 1,507 square foot single-family residence. The subject property is zoned Low Density Residential (RL)with JANUARY 11, 20111' PAGE 2 PLANNING COMMISSION a consistent underlying General Plan Land Use designation of Low Density Residential. PROJECT ADDRESS: 24201 High Knob Road Diamond Bar, CA 91765 PROPERTY OWNER: Kalathur and Anuradha Pattabiraman 24201 High Knob Road Diamond Bar, CA 91765 PT/Tobin presented staff's report and recommended Planning Commission approval of Development Review No. PL 2010-296, based on the findings of fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Kalathur Pattabiraman said he and his family have lived in Diamond Bar for 20 years and wish to make their current home their final home by improving the property and asked for Commission approval Mr. Pattabiraman responded to Chair/Torng that he read staff's report and concurred with the conditions of approval. Chair/Torng closed the public hearing. VC/Nolan thanked the applicant for choosing to remain in Diamond Bar and said she was pleased to see this type of request before the Commission for consideration: VC/Nolan moved, C/Shah seconded, to approve Development Review No. PL 2010-296, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS None ABSENT: COMMISSIONERS: None JANUARY 11, 2011 PAGE 3 PLANNING COMMISSION 7.2 Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 — To recommend approval to the City Council for a one-year time extension for a nine-unit residential condominium project on a 0.62.acre lot. Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant submitted a request for a one-year extension of time to begin construction. The project site is zoned High Density Residential-Planned Development Overlay(RH-PD)with a consistent underlying General Plan land use designation. The project was approved on November 20, 2007, with a three (3) year timeframe to obtain building permits and begin construction. PROJECT ADDRESS:. 23671 Golden Springs Drive Diamond Bar, CA 91765 PROPERTY OWNER: GSDB'Investment Group LLC 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 -` APPLICANT: Joseph Kwok 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 PT/Tobin presented staff's report and recommended the Planning Commission recommend approval to the City Council of the time extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Joseph Kwok, applicant, said that as a result of drainage requirements imposed by the .City's Public Works Department, the property owner is working with the contiguous homeowners association to resolve those issues and need the time extended to resolve those issues. C/Shah asked what kind of drainage issues the applicant was dealing with . and what kind of time was needed to resolve those issues. Mr. Kwok responded that originally the Public Works Department hoped that the applicant could drain the surface water naturally through the condominium complex next door to their project but the applicant has not been able to get the board to agree to meet with them to discuss the possibility with their JANUARY 11, 2011 PAGE 4 PLANNING COMMISSION homeowners. There is an alternative proposal to get the surface water drained from the site via a sump pump so that if the contiguous association board does not agree to the first option, the applicant will move forward with the alternative plan. Since the applicant has pursued the association's board for the past two years his firm has. decided to move forward to get an agreement from the Public Works Department,to cease further attempts to get the board's approval and move.to the alternate proposal by the end of January 2011. Chair/Torng closed the public hearing. VC/Nolan moved, C/Nelson seconded, to recommend City Council approval of a one-year time extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the Findings of Fact, and subject to the conditions of approval as listed within,the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163.— The applicant requested to construct a 36,142 square foot new three-story professional office building on a 41,110 square foot(0.94 acre), Community Commercial (C-2)zoned parcel with an underlying General Plan Land Use designation of General Commercial (GC). A Tentative Tract Map is requested to subdivide air space for a 30-unit office condominium; a Variance is requested to increase the building height from 35 feet to 39 feet;*a Parking Permit is requested to share access and parking between the proposed development and Diamond Hills Plaza, the existing shopping center, and a Comprehensive Sign Program is requested for the signage on the building. PROPERTYADDRESS: 2705 Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Country Hills Holdings, LLC 8115 Preston Road#400 Dallas, TX 75225 . JANUARY 11, 2011 PAGE 5 PLANNING COMMISSION APPLICANT: THL Investments, LLC 17528 Rowland City of Industry, CA 91748 SP/Lee presented staff's report and recommended the Planning Commission adopt the resolution recommending City Council approval of Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163, based on the findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah asked if trees would be added on the street side of the building and SP/Lee said there were no trees proposed within the 10 foot setback. There. is limited space providing room for a walkway and shrubs and vines in the area. There are no existing trees in the setback area, only existing trees along Fountain Springs Road (six trees) which will be retained prior to and after construction. C/Lee asked why the setback is being reduced from the usual 15 feet to 10 feet and SP/Lee said that applicant was proposing a larger building and in order to fit in the number, of required parking spaces and maximize the parking spaces within the property the minimum requirement was 10 feet. C/Nelson asked if the six trees on Fountain Springs Road were on City property and SP/Lee' responded no, that they were on the applicant's property. C/Nelson asked what the City's remedy would be if the trees had to be removed to accommodate the property. SP/Lee referred C/Nelson to Condition 3, Page 11. There is no specific condition that specifically prohibits removal. If the applicant wished to remove any or all of the trees they would have to review the condition with staff to determine whether removal was allowed. C/Nelson said he was concerned that the trees should remain in place and be certain that the neighbors were informed if for some unforeseen reason, they would have to be removed because it would significantly increase the massing and reduce the screening from the back yards across Fountain Springs Road. CD/Gubman proposed including a condition to read that should the applicant need or request removal of the trees that it would require that they obtain a permit from the City for removal and with that permit, the City would require.a certain ratio of replacements to help ameliorate the visual impacts the current stand of trees would provide. C/Nelson felt that contrary to staff's.statement that the line of site from the third story of the proposed building.would be less intrusive than it would be from the second story because in his opinion, it was a little bit more intrusive. . but not significantly intrusive. JANUARY 11, 2011 PAGE 6 PLANNING COMMISSION C/Nelson said he appreciated that the applicant provided the cross-sections because the applicant has; as indicated during the workshop, demonstrated that the proposed improvement will not be significantly more intrusive than the existing improvement. He asked if there was a balcony on the third floor or if it had been eliminated and SP/Lee responded that the third floor balcony had been eliminated. However, there are access ways for maintenance purposes only with no public access. VC/Nolan asked if there was a point at which the parking would be so large that it would be.subdivided to accommodate certain other businesses in the center. SP/Lee said there was no particular formula for areas within the shopping center. It is based on an aggregate of shared parking. VC/Nolan asked if the proposed parking for this building would offer a reasonable walking distance to other businesses within the shopping center. SP/Lee explained that there is currently less activity on the north side of the shopping center and there are not many parking space utilized in that area so staff would not anticipate a problem with the new three-story building. CDD/Gubman said that C/Nelson'.s observation regarding line of site was a good observation. The vantage point starts at a higher elevation at the tree than it did for the two story.building because the downward site line is at a steeper angle far the three story building than it is for the two-story building. What the applicant is attempting to show is that the third floor parapet which would have been the railing for the balcony effectively cuts off the view angle when one is looking down. With respect to parking, where the former theater :was located, the new multi-space building includes a large parking.area that is essentially vacant and unused. Staff hopes the new development produces 'a little parking congestion to help the other retail buildings and businesses., and staff is very comfortable there will be no adverse parking issues due to the current inventory of underutilized parking. C/Shah said his opinion was that people in the building would be able to look into the backyards of the homes,across Fountain Springs Road-. Therewere no ex.parte disclosures. Chair/Torng opened the public hearing: Peichin Lee, project developer and Diamond Bar. resident said she was present to answer any questions the Commission might have and thanked them for giving her the opportunity to move forward with the proposed project. She responded to Chair/Torng that she'reviewed staff's report and JANUARY 11, 2011 PAGE 7 PLANNING COMMISSION concurs with staff's recommendations including the most recent condition discussed this evening involving possible tree mitigation. Christopher Chung, 21470,Cold Spring Lane, felt the proposed use was compatible with the shopping center and would be a great addition and provide synergy to the northern end of the center. He is amazed that the. City is able to attract a qualified developer who is able to get the financing to produce this type of development during these difficult economic times. He believes the project has been thoroughly vetted and supports the project. Chair/Torng closed the public hearing. C/Lee said he was in support of the project and stressed that the condition regarding the trees should be maintained to minimize .the impacts to the street and to the residence on the,opposite side of Fountain.Springs Road. C/Shah moved, C/Lee seconded, to adopt the resolution recommending City Council approval of Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163, based on the findings of Fact, and subject to the conditions of approval as listed within the resolution, with the .addition of the condition regarding tree mitigation as recommended by staff. Motion carried by the following Roll Call Vote. AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: 'None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nelson said that in all of his years serving on and dealing with Planning Commissions he did not believe he had ever experienced a Planning Commission that worked together as well as this Planning Commission. Congratulations to all of his colleagues and to staff and Happy New Year to all. C%Shah said he concurred with C/Nelson and thanked staff for their expertise. He . wished everyone.a prosperous New Year: VC/Nolan announced that she would be resigning from the Planning Commission. She and her husband Dan have sold their Diamond Bar home and are moving away from the City. This is.a bittersweet change for them. and since their children have moved on it is time forte hm to do so as well. She thanked staff for their exhaustive JANUARY 11, 2011 PAGE 8 PLANNING COMMISSION 'i. help to the Commission and thanked her colleagues and M/Tye for their support and said it had been a pleasure to serve the City. C/Lee wished everyone a Happy New Year. He wished VC/Nolan well in her future ventures. C/Nelson said he and his colleagues would miss VC/Nolan. Her perspective on this Commission has been greatly appreciated and he thanked her for.her contributions. C/Shah said he would miss VC/Nolan, a great friend and colleague. Chair/Torng said it was an honor to work with everyone and said he would miss VC/Nolan. The Planning Commission is a great group and it is wonderful to have staff's support. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman said staff learned of VC/Nolan's resignation earlier today and are sorry to. have her leave. He thanked C/Nelson for his comments. CDD/Gubman has been in this line of work for 21 years and this Commission is the, most enjoyable group to work with in his years of service to four different cities. It is his privilege to serve as the Commission's staff and it means a lot to him to hear such kind words. CDD/Gubman stated that the January 25 Planning Commission meeting would be canceled due to lack of agenda items and other staff. business including conducting the City's biennial homeless count to get a sense of the . homeless population and where to allocate the homeless services. When.' the homeless count was taken in 2009 it was scheduled for a Thursday evening from 8:00 p.m. until midnight and no homeless persons were found. . . in the City. With the current economic climate, it will be interesting to find out what changes in the upcoming homeless count. CDD/Gubman announced. that the Winter Snowfest would be held on- Saturday, nSaturday, January 15 and if Commissioners are attending they are asked to come to the stage: area .at 11:00 a.m. for'the welcome speech.. Planners Institute is scheduled for March 9-1.1,2011. Commissioners who wish to . attend are asked to advise staff by February 1. CDD/Gubman asked Commissioners who no longer needed the three-story office building plans to.please return them to staff to recycle and use for the upcoming Council hearings in an effort to reducereproduction costs. JANUARY 11, 2011 PAGE 9 PLANNING COMMISSION CDD/Gubman stated that with respect to the new City Hall location, the conceptual design phase is complete and staff is moving into the construction documents phase. The process is moving forward as planned and staff intends to move the operation to the new location by the end of 2011. Further, it is likely that most of the Planning Commission meetings will be held in the new building except when there are large projects and larger audience participation is anticipated. He wished everyone a Happy New Year. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 8:03 p.m. to February 8, 2011 The foregoing minutes are hereby approved this 8th day of February, 2011. Attest: Respectfully S itted, Greg Gubman Community Development Director �'forng, Chaiiln -rr— Agenda # 6 - 4 Meeting Date: February 15, 2011 cim CITY COUNCIL AGENDA REPORT z98g TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Man —P TITLE: Ratification of Check Register dated January 27, 2011 through February 09, 2011 totaling $ 1,587,589.08. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of$ 1,587,589.08 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated January 27, 2011 through February 09, 2011 for $ 1,587,589.08 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: David Doyle Assistant City Manager REVIEWED Assistant City Manager Attachments: Affidavit and Check Register- 1/27/11 through 2/09/11. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated j8OU2FV 27' 2011 through F8b[U8[V 09' 2011 has been audited and iScertified BSaccurate. Payments have been allowed from the following funds iD these amounts: Description Amount General Fund $1,355,135.13 Com DrgSupport Fund $800.00 PpopA-TnanoKFund 110.732.70 PropC-TnenoitTaxFund 42.282.13 Integrated Waste Mgt Fund 5.795.87 Com DevBlock Grant Fund 9.453.29 � Narcotics Asset Forfeit 51.518.88 LLAD38Fund 3.382.27 LLAO3QFund 2.061.19 � LLAO41Fund 655.12 Capital Imp Projects Fund 5.672.50 � � � Signed: David Doyle Assistant City Manager ' ! | City of Diamond Bar - Cheek:Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 2/3/2011 11-PP 03 PAYROLL TRANSFER P/R TRANSFER-11/PP 03 001 10200 157,590.66 $176,982.54 2/3/2011 PAYROLL TRANSFER P/R TRANSFER-11/PP 03 112 10200 5,466.59 2/3/2011 PAYROLL TRANSFER P/R TRANSFER-11/PP 03 113 10200 6,205.13 2/3/2011 PAYROLL TRANSFER P/R TRANSFER-11/PP 03 115 10200 5,795.87 2/3/2011 PAYROLL TRANSFER P/R TRANSFER-11/PP 03 125 10200 1,924.29 1/28/2011 1 92819 ACCESS CONTROL SECURITY ISECURITY SVCS-DBC DEC 10 1 0015333 1 45010 1 628.05 $628.05 1/28/2011 1 92820 ADMIRE HARDWOOD FLOORS MAINT-DBC 1 0015333 1 42210 1 1,375.00 $1,375.00 1/28/2011 92821 ADVANTEC CONSULTING ENGINEERS INC TRFFC ENGR SVCS-NOV 10 0015551 45222 1,290.00 $2,330.00 1/28/2011 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-EN 10-712 001 23012 1,040.00 1/28/2011 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE-EN 10-712 001 23012 187.20 1/28/2011 ADVANTEC CONSULTING ENGINEERS INC ADMIN FEE-EN 10-712 001 34650 -187.20 1/28/2011 1 92822 ALBERTSONS SUPPLIES-DB4 YOUTH 1 0015350 1 41200 1 45.24 $45.24 1/28/2011 1 92823 ANGELS BASEBALL EXCURSION-DAY CAMP 0015350 1 42410 1 1,805.00 $1,805.00 1/28/2011 92824 ARCHITERRA DESIGN GROUP INC DESIGN SVCS-SILVER TIP PK 2505310 R46415 1,052.10 $1,754.50 1/28/2011 ARCHITERRA DESIGN GROUP INC DESIGN SVCS-SILVER TIP PK 2505310 R46415 702.40 1/28/2011 92825 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 10.97 $21.94 1/28/2011 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 10.97 1!28!2011 92826 BENESYST 11/21/11-P/R DEDUCTIONS 001 21105 699.76 $699.76 1/28/2011 92827 BONTERRA CONSULTING INC. PROF.SVCS-FPL 02-09 001 23010 988.50 $1,463.50 1128/2011 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-65 001 23010 475.00 1/28/2011 92828 BUCKNAM&ASSOCIATES INC CONSULTANT SVCS-IMP 0015510 1 R45221 1,431.49 $1,431.49 1/28/2011 92829 CA ASSOCIATION OF CODE ENFRMNT OFFC MEMBERSHIP FEES-FLACKS 0015230 1 42315 75.00 $150.00 1/28/2011 CA ASSOCIATION OF CODE ENFRMNT OFFC MEMBERSHIP DUES-FREIHOLTZ 0015230 42315 75.00 1/28/2011 1 92830 CAROL CAMPBELL IRECREATION REFUND 001 1 34780 1 133.00 $133.00 Page 1 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/28/2011 92831 AMY CHANG RECREATION REFUND 001 34780 84.00 $84.00 1/28/2011 1 92832 IMARGIE COENRAAD MARTINEZ RECREATION REFUND 001 34780 1 57.001 $57.00 1128/2011 1 92833 JDAPEER ROSENBLIT&LITVAK LLP ILEGAL SVCS-DEC 2010 0014020 1 44023 1 4,941.16 $4,941.16 1/28/2011 92834 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-FPL 2005-166 001 23010 376.00 $376.00 1/28/2011 92835 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 75.00 $175.00 1128/2011 CAROL DENNIS PROF.SVCS-P&R COMM 0015310 44000 100.00 1/28/2011 1 92836 DEPARTMENT OF JUSTICE FINGERPRINTING-DEC 10 0014060 42345 1 $198.00 1/28/2011 92837 DH MAINTENANCE JANITORIAL SVCS-DBC 0015333 45300 12,250.83 $13,111.00 1/28/2011 DH MAINTENANCE JANITORIAL SVCS-PARKS 0015340 42210 735.17 1/28/2011 DH MAINTENANCE ADDL MAINT SVCS-DBC NOV 0015333 45300 125.00 1/28/2011 92838 DIAMOND BAR MOBIL FUEL-COMM SVCS 0015310 42310 344.97 $384.92 1/28/2011 DIAMOND BAR MOBIL VEH MAINT-COMM SVCS 0015310 42200 39.95 1128/2011 1 92839 DIAMOND BAR WOMANS CLUB COMM ORG SUPPORT FUND 0114010 42355 500.00 $500.00 1/28/2011 1 92840 DIAMOND BARlWALNUT YMCA CHILD CARE PROG-OCT-NOV 1255215 1 42355 3,784.00 $3,784.00 1/28/2011 1 92841 IDIANA CHO&ASSOCIATES CONSULTANT SVCS-CDBG DEC 1255215 1 44000 1,600.00 $1,600.00 1/28/2011 1 92842 ELITE CONSTRUCTION HIP SVCS-24463 DEEPSPRING 1 1255215 1 44000 495.00 $495.00 1/28/2011 1 92843 EMERALD LANDSCAPE SERVICES INC LANDSCAPE MAINT-JAN 2011 1 0014093 1 42210 1 816.00 $816.00 1128!2011 92844 EVERGREEN INTERIORS PLANT SVCS-DBC DEC 2010 0015333 45300 177.00 $312.00 1/28/2011 EVERGREEN INTERIORS PLANT SVCS-HERITAGE DEC 0015340 42210 135.00 1/28/2011 1 92845 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL-GENERAL 0014090 42120 17.40 $17.40 1/28/2011 1 92846 EXTERMINETICS OF SO CAL INC PEST CONTROL-DBC 0015333 45300 75.00 $235.00 Page 2 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/28/2011 92846... EXTERMINETICS OF SO CAL INC PEST CONTROL-DBC 0015333 45300 40.00 $235.00... 1/28/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-PETERSON 0015340 42210 50.00 1/28/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-HERITAGE 0015340 42210 40.00 1/28/2011 EXTERMINETICS OF SO CAL INC PEST CONTROL-PANTERA 0015340 42210 30.00 1/28/2011 1 92847 FEDEX 1EXPRESS MAIL-GENERAL 1 0014090 1 42120 1 75.721 $75.72 1/28/2011 92848 JEROME FERNANDEZ FACILITY REFUND-DBC 001 1 23002 1 550.00 $550.00 1/28(2011 1 92849 JGOVPARTNER IREQUEST PARTNER-JAN 11 1 0014070 1 44030 1 850.00 $850.00 1/28(2011 92850 GRAFFITI CONTROL SYSTEMS IGRAFFITI REMOVAL-DEC' 0015230 1 45520 1 5,200.00 $5,200.00 1128(2011 1 92851 HARDY&HARPER INC ROAD MAINT SVCS-DEC 10 10015554 1 45504 1 1,320.00 .$1,320.00 1/28(20111 92852 HEWLETT PACKARD COMPANY 1HARDWARE MAINT-I.T. 0014070 1 42205 1 1,576.00 $1,576.00 1/28/2011 92853 DAVID HUANG FACILITY REFUND-DBC 001 36615 760.00 $0.00 1/28/2011 DAVID HUANG FACILITY REFUND-DBC 001 23002 100.00 1/28/2011 DAVID HUANG FACILITY REFUND-DBC 001 23004 83.32 1/28/2011 DAVID HUANG FACILITY REFUND-DBC 001 36615 -760.00 1(28/2011 DAVID HUANG FACILITY REFUND-DBC 001 23002 -100.00 1/28/2011 DAVID HUANG FACILITY REFUND-DBC 001 23004 -83.32 1/28/2011 92854 JINLAND VALLEY DAILY BULLETIN PROF.SVCS-FPL 2006-197 001 23010 363.40 $820.60 1(28(2011 INLAND VALLEY DAILY BULLETIN PROF.SVCS-FPL 2010-390 001 23010 457.20 1 1 1/28/2011 1 92855 INTELLIBRIDGE PARTNERS LLC PROF.SVCS-INTERIM FIN DIR 0014050 44000 5,830.00 $5,830.00 1/28/2011 1 92856 ITERIS INC IDETEC CAMERAS REPLACE 0015554 45507 1 12,292.00 $12,292.00 1/28/2011 1 92857 IBERNIE JAROSLOW RECREATION REFUND 1 001 34720 1 100.001 $100.00 1128(2011 1 92858 KEITH JOHNSON ENTERTAINMENT-SR DANCE 0015350 1 45300 1 350.00 $350.00 1/28/2011 92859 JUDICIAL DATA SYSTEM CORP IPARKING CITE ADMIN-DEC 10 1 0014411 1 45405 933.641 $933.64 Page 3 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/28/2011 92860 KIRK STEINKE ELECTRIC ELECTRIC REPAIR-REAGAN PK 0015340 42210 1 1,940.00 $1,940.00 1/2812011 1 92861 JENNIFER KOONTZ RECREATION REFUND 1001 1 34780 1 172.00 $172.00 1!28/2011 92862 LA COUNTY DISTRICT ATTORNEY LEGAL SVCS-COMM DEV 1 0014020 1 44021 1 42.58 $42.58 1/28/2011 1 92863 LA PHILHARMONIC EXCURSION-DAY CAMP 1 0015350 1 45310 1 438.00 $438.00 1/28/2011 1 92864 ILAE ASSOCIATES INC PROF.SVCS-ENG DEC 10 1 0015551 1 45221 1 2,937.501 $2,937.50 1/28/2011 1 92865 LANCE,SOLL&LUNGHARD LLP PROF.SVCS-AUDITING 1 0014050 1 44010 1 2,110.00 $2,110.00 1/28/2011 1 92866 LEAGUE OF CALIFORNIA CITIES MEMBERSHIP DUES-YR 2011 1 0014090 1 42315 1 18,076.00 $18,076.00 1/28/2011 1 92867 JKVVANG HO LEE PLNG COMM-12114 1 0015210 1 44100 1 65.00 $65.00 1/28/2011 1 92868 LEWIS ENGRAVING INC. ENGRAVING SVCS-BADGE 1 0014090 1 42113 1 11.25 $11.25 1/28(2011 92869 MARSHALL REDDICK REALTY FACILITY REFUND-DBC 001 1 23002 1 100.001 $100.00 1/28/2011 92870 MCE CORPORATION RIGHT-OF-WAY MAINT-DEC 10 0015554 45522 314.28 $22,674.22 1/28/2011 MCE CORPORATION STORM DRAIN MAINT-DEC 10 0015554 45512 4,043.56 1/28/2011 MCE CORPORATION ROAD MAINT-DEC 2010 0015554 45502 8,264.99 1/28/2011 MCE CORPORATION VEGETATION CNTRL-DEC 0015558 45508 10,051.39 1/28/2011 1 92871 MOBILE INDUSTRIAL SUPPLY INCORP SUPPLIES-DBC 1 0015333 1 41200 1 96.791 $96.79 1/28/2011 1 92872 IMUNICIPAL CODE CORPORATION JANNL CODE MAINT-FY 11!12 0014030 1 44000 1 400.00 $400.00 1/28/2011 1 92873 STEVE G NELSON PLNG COMMA 2/14 1 0015210 1 44100 1 65.001 $65.00 1/28/2011 1 92874 INEXTEL COMMUNICATIONS PH.SVCS-P/W,C/S,C/D 1 0014090 1 42125 1 565.55 $565.55 1/28/2011 1 92875 KATHLEEN ERIN NOLAN I PLNG COMMA 2/14 0015210 1 44100 1 65.00 $65.00 1/2812011 92876 NORTHERN SAFETY CO EQ-ROAD MAINT 1 0015554 141300 1 332.591 $332.59 Page 4 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/28/2011 92877 NUMARA SOFTWARE INC COMP MAINT-I.T. 0014070 42205 2,411.25 $2,411.25 1/28/2011 1 92878 OLYMPIC STAFFING SERVICES TEMP SVCS-COMM DEV 12/15 0014060 1 44000 79.44 $714.96 1/28/2011 OLYMPIC STAFFING SERVICES TEMP SVCS-COM DEV 12/30 0014060 1 44000 635.52 1/28/2011 92879 ORKIN PEST CONTROL INC PEST CONTROL-BREA CYN RD 1385538 42210 63.37 $218.66 1/28/2011 ORKIN PEST CONTROL INC PEST CONTROL-SYC CYN PK 0015340 42210 66.06 1/28/2011 ORKIN PEST CONTROL INC PEST CONTROL-PANTERA 0015340 42210 89.23 1/28/2011 92880 PERS HEALTH FEB 2011-HEALTH INS PREMS 00121105 32,197.51 $32,871.37 1/28/2011 PERS HEALTH FEB 2011-HEALTH INS PREMS 0014090 40086 540.00 1/28/2011 PERS HEALTH FEB 2011-HEALTH INS PREMS 0014060 40093 133.86 1/28/2011 92881 PERS RETIREMENT SURVIVOR BENEFIT 001 21109 8.00 $514.94 1/28/2011 PERS RETIREMENT RETIRE CONTRIB-EE 001 21109 203.66 1/28/2011 PERS RETIREMENT RETIRE CONTRIB-ER 001 21109 303.28 1/28/2011 92882 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 $26,131.79 1/28/2011 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 10,916.92 1128/2011 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 15,168.37 1/28/2011 92883 PROTECTION ONE INC ALARM SVCS-DBC 0015333 42210 56.78 $188.06 1/28/2011 PROTECTION ONE INC ALARM SVCS-HERITAGE 0015340 42210 99.78 1/28/2011 PROTECTION ONE INC ALARM SVCS-SYC CYN PK 0015340 42210 31.50 1/28/2011 92884 PUBLIC STORAGE#23051 STORAGE RENTAL-UNIT#2153 0014090 42140259.00 $2,072.00 1/2812011 PUBLIC STORAGE#23051 STORAGE RENTAL-UNIT#2145 0014090 42140 259.00 1/28/2011 PUBLIC STORAGE#23051 STORAGE RENTAL-FEB-JUL 11 0014090 42140 1,554.00 1/28/2011 1 92885 PUBLIC STORAGE#23051 ISTORAGE RENTAL-FEB 2011 0014090 42140 1 122.00 $122.00 1/28/2011 1 92886 ISUSIE QUINN RECREATION REFUND 001 1 34780 1 201.00 $201.00 1/28/2011 1 92887 REGIONAL TAP SERVICE CENTER SUPPLIES-TAP CARDS 1125553 1 41200 1 200.00 $200.00 1/28/2011 1 92888 IREPUBLIC ELECTRIC ITRAFFIC SIGNAL MAINT-DEC 0015554 1 45507 1 4,102.00 $14,933.35 Page 5 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/28/2011 92888... REPUBLIC ELECTRIC TRAFFIC SIGNAL MAINT-DEC 0015554 45507 7,711.35 $14,933.35... 1/28/2011 REPUBLIC ELECTRIC TRFFC SIGNAL MAINT-B/CYN 0015554 45507 3,120.00 1/28/2011 92889 DELAINA ROBINSON IRECREATION REFUND 1 001 1 34780 1 52.00 $52.00 1/28/2011 92890 SAFEWAY SIGN COMPANY SUPPLIES-ROAD MAINT 0015554 41250 136.09 $408.27 1/28/2011 ISAFEWAY SIGN COMPANY SUPPLIES-ROAD MAINT 0015554 41250 272.18 1/28/2011 1 92891 SAN GABRIEL VALLEY CITY MGR ASSC MTG-CMGR 1/19 0014030 42325 30.00 $30.00 1/28/2011 1 92892 CHRISTOPHER SCHLOEMAN FACILITY REFUND-DBC 001 23002 350.00 $350.00 1/28/2011 1 92893 SCHORR METALS INC SUPPLIES-COMM SVCS 0015350 1 41200 14.36 $14.36 1/28/2011 1 92894 JAGDISH SHAH PLNG COMMA 2/14 0015210 1 44100 65.00 $65.00 1/28/2011 92895 SMART&FINAL SUPPLIES-SR BINGO 0015350 41200 338.56 $667.56 1/28/2011 SMART&FINAL SUPPLIES-DB4 YOUTH 0015350 41200 316.96 1/28/2011 SMART&FINAL SUPPLIES-DB4 YOUTH 0015350 41200 12.04 1/28/2011 92896 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 22.63 $6,154.12 1/2812011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DBC 0015333 42126 4,665.73 1/28/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 24.71 1/28/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 41 1415541 42126 22.53 1/28/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 173.43 1/28/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 273.58 1/28/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 162.62 1/28/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 307.34 1/28/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 501.55 1/28/2011 1 92897 STEVE M TYE REIMS-CCCA MTG 0014010 1 42325 1 10.00 $10.00 1/28/2011 92898 CATHYTEOH IRECREATION REFUND 001 1 34780 1 201.00 $201.00 1/28/2011 1 92899 THE COMDYN GROUP INC ICONSULTING SVCS-GIS 12/31 0014070 1 44000 1 1,020.90 $1,020.90 Page 6 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/28/2011 92900 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL 2010-405 001 23010 379.22 $1,174.92 1/28/2011 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL 2006-197 001 23010 341.96 1/28/2011 THE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-FPL 2010-390 001 23010 453.74 1/28/2011 92901 DEBBIE THIRKILL RECREATION REFUND 1 001 1 34780 1 42.00 $42.00 1/28/2011 92902 THOMSON WEST PUBLICATIONS-CODE UPDATES 0014030 1 42320 2,011.73 $2,011.73 1/28/2011 92903 TIME WARNER INTERNET SVCS-HERITAGE 0014070 44030 132.35 $132.35 1/28/2011 92904 TIME WARNER INTERNET SVCS-CITY HALL 0014070 1 44030 1 252.60 $252.60 1/28/2011 1 92905 ITIME WARNER MODEM SVCS-COUNCIL 0014010 1 42130 . 50.99 $50.99 1/28/2011 1 92906 ITRAFFIC CONTROL SERVICE INC SUPPLIES-ROAD MAINT 0015554 1 41250 1 48.941 $48.94 1/2812011 1 92907 ITRONA INC REFUND-TEMP SIGN 001 34430 1 100.00 $100.001 - . 1/28/2011 92908 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-DBC JAN 0015333 45300 5,645.47 $30,249.58 1/28/2011 VALLEY CREST LANDSCAPE MAINT INC LANDSCAPE MAINT-PARKS JAN 0015340 45300 24,604.11 1/28/2011 92909 VANTAGEPOINT TRNSFR AGNTS-303248 11/21/11-P/R DEDUCTIONS 001 21108 4,264.84 $4,264.84 1/28!2011 92910 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 172.71 $172.71 1/28/2011 92911 WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 38 1385538 42126 2,491.07 $10,935.05 1/28/2011 WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 39 1395539 42126 2,061.19 1/28/2011 WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 41 1415541 42126 632.59 1/28/2011 WALNUT VALLEY WATER DISTRICT WATER SVCS-PARKS 0015340 42126 5,173.22 1/28/2011 WALNUT VALLEY WATER DISTRICT WATER SVCS-DBC 0015333 42126 326.47 1/28/2011 WALNUT VALLEY WATER DISTRICT WATER SVCS-NEW C/HALL 0014093 42126 250.51 1/28/2011 P2912 WALNUT VALLEY WATER DISTRICT ANNL LEASE-EASTGATE 0014440 42140 150.00 $400.00- 1/28/2011 WALNUT VALLEY WATER DISTRICT ANNL LEASE-EASTGATE 0014440 42125 250.00 1/28!20111 92913 IWARREN SIECKE JTRFF ENG SVCS-NOV 10 0015510 45221 1,530.00 $1,530.00 Page 7 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/28/2011 92914 WAXIE SANITARY SUPPLY SUPPLIES-PARKS 0015340 41200 169.50 $172.07 1/28/2011 WAXIE SANITARY SUPPLY SUPPLIES-DBC 0015333 41200 2.57 1/28/2011 1 92915 KIMBERLY MING XU REFUND-EN 10-697 1 001 1 23012 1 45,060.00 $45,060.00 1/28/2011 92916 YI TONY TORNG JPLNG COMM-12/14 0015210 1 44100 1 65.00 $65.00 1/28(2011 92917 MARK YRIARTE FACILITY REFUND-DBC 001 36615 1 275.00 $275.00 1/27/2011 92918 ALLIANT INSURANCE SERVICES INC JSPCL EVENT INS-OCT-DEC 10 001 23004 9,757.46 $9,757.46 1/27/2011 92919 AMERICAN CANCER SOCIETY PROCEEDS-WINTER SNOW FEST 0015350 45300 1 282.95 $282.95 1/2712011 92920 JAMERICOMP GROUP INC SUPPLIES-TONERS 0014070 41200 165.71 $756.17 1/27/2011 AMERICOMP GROUP INC SUPPLIES-TONERS 0014070 41200 590.46 1!2712011 92921 1AMERITECH BUSINESS SYSTEMS INC MAINT-COPIER 0014090 42100 810.33 $810.33 1127/2011 1 92922 AMERICAN PLANNING ASN MEMBERSHP DUES-N TOBON 0015210 42315 265.00 $265.00 1/27/2011 1 92923 LYNDA BASSETT IRECREATION REFUND 001 34740 1 79.00 $79.00 1/27/2011 1 92924 MARY JANE BAYSA RECREATION REFUND001 34780 142.00 $142.00 1/27/2011 1 92925 BEAR STATE AIR CONDITIONING SVCS IN REPAIR SVCS-DBC 10015333 1 45300 1 701.91 $701.91 1/27/2011 92926 BEST LIGHTING PRODUCTS SUPPLIES-DBC 0015333 42210 536.32 $1,031.13 1/2 712 0 1 1 BEST LIGHTING PRODUCTS SUPPLIES-PARKS 0015340 42210 494.81 1/27/2011 1 92927 BOY SCOUT TROOP 730 REIMB-FOOD WINTER S/FEST 0015350 45300 9.50 $9.50 1!27/2011 92928 ISOY SCOUT TROOP 730 PROCEEDS-WINTER SNOW FEST 0015350 45300 282.95 $282.95 1/27/2011 92929 BOY SCOUT TROOP 730 PROCEEDS-WINTER SNOW FEST 1 0015350 1 45300 282.95 $282.95 1/27/2011 92930 BOY SCOUT TROOP 777 PROCEEDS-WINTER SNOW FEST 1 0015350 1 45300 282.95 $282.95 Page 8 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/2712011 92931 BOY SCOUT TROOP 777 PROCEEDS-WINTER SNOW FEST 0015350 1 45300 1 282.951 $282.95 1/27/2011 1 92932 CALIFORNIA BUILDING STANDARDS COMM BLDG STD ADMIN-OCT-DEC 10 1 001 1 34355 1 219.60 $219.60 1/27/2011 92933 CDW GOVERNMENT INC. JANNL MAINT-SOFTWARE 1 0014070 1 42205 1 6,490.73 $6,490.73 1/2712011 92934 IMONICA CENICEROS RECREATION REFUND 001 34780 87.00 $87.00 1/27/2011 1 92935 CGM DEVELOPMENT REFUND-EN 98-210 001 1 23012 2,081.001 $2,081.00 1/27(2011 92936 CHAPARRAL MIDDLE SCHOOL LEO CLUB PROCEEDS-WINTER SNOW FEST 0015350 45300 282.95 $282.95 1/27/2011 92937 JULIA CHAD RECREATION REFUND 001 34780 1 87.00 $87.00 1/27/2011 92938 JESSICA CHU RECREATION REFUND 001 34740 74.00 $74.00 1/27/2011 92939 CUB SCOUT PACK 737 PROCEEDS-WINTER SNOW FEST 0015350 45300 1 282.95 $282.95 1/27/2011 1 92940 CUB SCOUT PACK 737 PROCEEDS-WINTER SNOW FEST 0015350 45300 282.95 $282.95 1/27/2011 92941 DAVID R SEILER REIMS-SUPPLIES 0015340 1 41200 1 178.891 $178.89 112712011 92942 1 DE LA ROSA&COMPANY BOND REMARKETING-DBC 0014090 1 42129 1 3,840.681 $3,840.68 1(27/2011 1 92943 JAMES DESTEFANO REIMB-COCA LEAGUE 0014030 1 42330 1 55.00 $55.00 1/27/2011 92944 MARQUES DEDEAUX RECREATION REFUND 001 1 34740 1 79.00 $79.00 1/27/2011 92945. CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 100.00 $200.00 1(27(2011 CAROL DENNIS PROF.SVCS-CC MTG 0014030 44000 100.00 1/27/2011 1 92946 WALNUT/DIAMOND BAR SHERIFF'S COMM ORG SUPPORT FUND 0114010 42355 125.001 $125.00 1/27(2011 1 92947 IDIAMOND BAR AAUW PROCEEDS-WINTER SNOW FEST 1 0015350 1 45300 282.95 $282.95 1(27/2011 92948 DIAMOND BAR BREAKFAST LIONS PROCEEDS-WINTER SNOW FEST 0015350 45300 282.95 $282.95 Page 9 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/27/2011 92949 DIAMOND BAR GIRLS SOFTBALL PROCEEDS-WINTER SNOW FEST 0015350 1 45300 1 282.95 $282.95 1/27/2011 92950 IDIAMOND BAR HAND CAR WASH CAR WASH-POOL VEH 0014090 42200 79.93 $91.92 1/27!2011 DIAMOND BAR HAND CAR WASH ICAR WASH-COM SVCS 0015310 42200 11.99 1/27/2011 1 92951 IDIAMOND BAR HIGH SCHOOL LEO CLUB PROCEEDS-WINTER SNOW FEST 0015350 45300 282.95 $282.95 1!27/2011 92952 DIAMOND BAR WOMANS CLUB PROCEEDS-WINTER SNOW FEST 0015350 1 45300 1 282.95 $282.95 1/27!2011 92953 DIVERSIFIED PRINTERS PRINT SVCS-CITY NEWS JAN 0014095 44000 3,242.00 $10,132.00 1/27!2011 DIVERSIFIED PRINTERS PRINT SVCS-CITY NEWS DEC 0014095 44000 6,890.00 1/27/2011 92954 DOGGIE WALK BAGS INC SUPPLIES-PARKS 0015340 41200 1,695.81 $1,695.81 1/27/2011 92955 ___TF 1EXPRESS MAIL-GENERAL 0014090 42120 63.47 $63.47 1/27/2011 92956 FESTIVAL OF ARTS EXCURSION-PAGEANT MTRS 0015350 1 45310 1 1,870.00 $1,870.00 1/27/2011 1 92957 IGO LIVE TECHNOLOGY INC PROF.SVCS-CITY VIEW 1/21 001 23005 1,350.001 $1,350.00 1/27/2011 92958 YVONNE GONG RECREATION REFUND 001 34780 127.00 $127.00 1/27/2011 92960 HALL&FOREMAN,INC. PROF.SVCS-INSPECTIONS 0015510 R45227 144.00 $5,686.13 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-698 001 23012 57.50 1/2712011 HALL&FOREMAN,INC. PROF.SVCS-EN 11-722 001 23012 823.50 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 11-722 001 23012 205.88 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 11-722 001 34650 -205.88 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 03-397 001 23012 311.25 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 03-397 001 23012 77.81 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 03-397 001 34650 -77.81 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 10-682 001 23012 400.00 1127/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-682 001 23012 100.00 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-682 001 34650 -100.00 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 10-669 001 23012 525.00 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-669 001 23012 131.25 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-669 001 34650 -131.25 Page 10 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/27/2011 92960... HALL&FOREMAN,INC. PROF.SVCS-EN 09-663 001 34650 431.25 $5,686.13... 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 09-663 001 23012 107.81 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 09-663 001 34650 -107.81 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 06-543 001 23012 375.00 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTIONS 0015510 R45227 334.82 1/27/2011 HALL&FOREMAN,INC. PRORSVCS-INSPECTIONS 0015510 45227 36.00 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTIONS 0015510 45227 587.61 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTIONS 0015510 45227 41.41 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTIONS 0015510 45227 84.66 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTIONS 0015510 45227 124.62 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTIONS 0015510 45227 200.85 1/2712011 HALL&FOREMAN,INC. PROF.SVCS-INSPECTIONS 0015510 45227 96.90 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 06-543 001 23012 93.75 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 06-543 001 34650 -93.75 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 10-698 001 23012 230.00 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-698 001 34650 -57.50 1/27/2011: HALL&FOREMAN,INC. PROF.SVCS-EN 06-532 001 23012 420.51 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 06-532 001 23012 105.13 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 06-532 001 34650 -105.13 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 07-555 001 23012 143.75 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 07-555 001 23012 35.94 112712011 HALL&FOREMAN,INC. ADMIN FEE-EN 07-555 001 34650 -35.94 1/27/2011 HALL&FOREMAN,INC. PROF.SVCS-EN 10-669 001 23012 375.00 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-669 001 23012 93.75 1/27/2011 HALL&FOREMAN,INC. ADMIN FEE-EN 10-669 001 34650 -93.75 1/2712011 1 92961 HELEN HALLINAN RECREATION REFUND 001 34720 110.001 $110.00 1/27/2011 1 92962 DEBBY HO IRECREATION REFUND 001 34780 1 142.001 $142.00 1/27/2011 92963 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL-FEB 11 0014431 45403 9,065.00 $10,315.00 1/27/2011 INLAND VALLEY HUMANE SOCIETY FACILITY ASSESSMENT-FEB 0014431 45403 1,250.00 1/27/2011 1 92964 ITALIAN CATHOLIC FEDERATION PROCEEDS-WINTER SNOW FEST 1 0015350 45300 282.951 $282.95 Page 11 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description • Fund/Dept Acct# Amount Total Check Amount 1/27/2011 92965 JR PARTY RENTALS LINENS-CONCERT SHARE 0015350 42130 600.00 $600.00 1/27/2011 1 92966 INICKOLAS KATCHUR IRECREATION REFUND 001 1 34780 1 87.00 $87.00 1/27/2011 92967 KENS HARDWARE SUPPLIES-DBC 0015333 41200 191.13 $651.94 1/27/2011 KENS HARDWARE SUPPLIES-PARKS 0015340 41200 355.31 1/27/2011 KENS HARDWARE SUPPLIES-NEW C/HALL 0014093 42210 105.50 1/27/2011 1 92968 KYALA SUSHI&JAPANESE CUISINE REFUND-TSR DEPOSIT 001 1 34430 1 100.001 $100.00 1/27/2011 1 92969 MICHAEL LACABANNE REFUND-EN 10-719 1 001 1 23012 1 300.001 $300.00 1/27/2011 1 92970 LANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-DEC 10 1 0015558 1 45503 1 1,982.76 $1,982.76 1/27/2011 92971 LEIGHTON&ASSOCIATES,INC. - PROF.SVCS-EN 07-598 001 23012 792.08 $1,153.41 1/27/2011 LEIGHTON&ASSOCIATES,INC. ADMIN FEE-EN 07-598 001 23012 142.57 1/27/2011 LEIGHTON&ASSOCIATES,INC. ADMIN FEE-EN 07-598 001 34650 -142.57 1/27/2011 LEIGHTON&ASSOCIATES,INC. PROF.SVCS-EN 10-692 001 23012 361.33 1/27/2011 LEIGHTON&ASSOCIATES,INC. ADMIN FEE-EN 10-692 001 23012 65.04 1/27/2011 LEIGHTON&ASSOCIATES,INC. ADMIN FEE-EN 10-692 001 34650 -65.04 1/27/2011 1 92972 LEWIS ENGRAVING INC. ENGRAVING SVCS-CITY TILE 0014090 1 42113 1 39.51 $39.51 1/27/2011 1 92973 IHSIUNG CHANG LING RECREATION REFUND 001 1 34780 1 99.00 $99.00 1/27/2011 1 92974 LONG STUDIOS PHTGRAPHY SVCS-SNOW FEST 1 0014095 1 42112 1 300.001 $300.00 1/27/2011 92975 LOS ANGELES COUNTY MTA MTA TAP PASSES-DEC 2010 1125553 1 45535 120.00 $150.00 1/27/2011 LOS ANGELES COUNTY MTA CITY SUBSIDY-MTA TAP DEC 1125553 45533 30.00 1/27/2011 1 92976 LOS ANGELES COUNTY MTA MTA PASSES-JAN 2011 1125553 1 45535 3,539.85 $4,534.50 1/27/2011 LOS ANGELES COUNTY MTA CITY SUBSIDY-JAN 2011 1125553 45533 994.65 1/27/2011 92977 LPA INC ARCHITECTURAL SVCS-DEC 10 0014093 44000 8,478.32 $13,223.62 1/27/2011 ILPA INC JARCHITECTURAL SVCS-DEC 10 0014093 1 44000 4,745.30 Page 12 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/27/2011 92978 NYDIA MAYORGA RECREATION REFUND 001 34740 74.00 $74.00 1/27/2011 1 92979 IJANNISE MCELROY RECREATION REFUND 001 34780 1 142.00 $142.00 1/27/2011 92980 METROLINK METROLINK PASSES-JAN 2011 1125553 45535 90,968.42 $94,658.50 1/27/2011 METROLINK CITY SUBSIDY-JAN 2011 1125553 45533 19,828.33 1/27/2011 METROLINK PASSES RETURNED-JAN 2011 1125553 45535 -16,138.25 1/27/2011 1 92981 SARAH MOLINA RECREATION REFUND F 001 1 34780 1 87.00 $87.00 1/27/2011 1 92982 PIA NAVAL FACILITY REFUND-PANTERA 001 23002 1 100.00 $100.00 1/27/2011 1 92983 INEAD PROF.SVCS-MYDB APP 0014095 1 44000 1 500.00 $500.00 1/27/2011 1 92984 IPACIFIC TELEMANAGEMENT SERVICES PH.SVCS-PARKS 0015340 1 42125 1 495.841 $495.84 1/27/2011 1 92985 KRISTIN PATRA RECREATION REFUND 001 34780 142.00 $142.00 1/27/2011 1 92986 ISARAH PLASCENCIA IFACILITY REFUND-SYC CYN 1 001 1 23002 1 50.00 $50.00 1/27/2011 92987 1 POMONA VALLEY YMCA PROCEEDS-WINTER SNOW FEST 1 0015350 1 45300 1 282.95 $282.95 1/27/2011 92988 PUBLIC RETIREMENT JOURNAL CALPERS SEMINAR-R TORRES 0014050 42340 190.00 $190.00 1/27/2011 1 92989 QUINN RENTAL SERVICES SUPPLIES-WINTER SNOW FEST 0015350 1 41200 1 247.20 $247.20 1/27/2011 1 92990 1 REGIONAL'CHAMBER OF COMMERCE SERVICE CONTRACT-FEB 2011 0014096 1 45000 1 1,000.00 $1,000.00 1/27/2011 1 92991 JOLIVIA RODRIGUEZ FACILITY REFUND-DBC 001 1 36615 1 450.00 $450.00 1/27/2011 192992 SCHORR METALS INC DECK REPAIR-SYC CYN PK 0015340 1 42210 1 79.25 $79.25 1/27/2011 1 92993 JASHISH SHAH IFACILITY REFUND-PANTERA 1 001 1 23002 1 100.00 $100.00 1/27/2011 92994 SIMPSON ADVERTISING INC PROF.SVCS-ARTWORK 0014096 R44000 1,175.00 $33,374.16 1/27/2011 SIMPSON ADVERTISING INC PROF.SVCS-ECO DEV FOLDER 0014096 R44000 11,160.71 1/27/2011 SIMPSON ADVERTISING INC DESIGN SVCS-CITY NEWS 0014095 44000 2,150.00 Page 13 City of Diamond. Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/27/2011 92994... SIMPSON ADVERTISING INC DESIGN SVCS-CITY NEWS 0014095 44000 1,495.00 $33,374.16... 1/27/2011 SIMPSON ADVERTISING INC DESIGN SVCS-CITY NEWS 0014095 44000 2,400.00 1/27/2011 SIMPSON ADVERTISING INC DESIGN SVCS-2011 CALENDAR 0014095 44000 6,850.00 1/27/2011 SIMPSON ADVERTISING INC PRINT SVCS-2011 CALENDARS 0014095 42110 8,143.45 1/27/2011 1 92995 SJC 3 CONSULTING CONSULTANT SVCS-HIP DEC 1255215 1 44000 1 1,650.001 $1,650.00 1/2712011 1 92996 SO COAST AIR QUALITY MGT DISTRICT LEASE-CITY HALL FEB 11 0014090 1 42140 1 22,416.451 $22,416.45 1/27/2011 1 92997 ISOUTHWEST SALES INC SUPPLIES-RECREATION 0015350 1 41200 1 263.401 $263.40 1/27/2011 1 92998 ISPARKLETTS WATER SUPPLIES-CITY HAL 0014090 1 41200 1 143.24 $153.99 1/27/2011 SPARKLETTS EQ RENTAL-CITY HALL 0014090 42130 10.75 1127/2011 1 92999 ST DENIS KNIGHTS OF COLUMBUS PROCEEDS-WINTER SNOW FEST 1 0015350 1 45300 1 282.95 $282.95 1/27/2011 1 93000 IST DENIS KNIGHTS OF COLUMBUS PROCEEDS-WINTER SNOW FEST 1 0015350 1 45300 1 282.95 $282.95 1/27/2011 93001 STANDARD INSURANCE OF OREGON FEB 11-LIFE INS PREMS 001 21106 1,177.61 $3,360.84 1/27/2011 STANDARD INSURANCE OF OREGON FEB 11-SUPP LIFE INS PREM 001 21106 306.00 1/27/2011 STANDARD INSURANCE OF OREGON FEB 11-STD/LTD 001 21112 1,877.23 1/2712011 1 93002 STATE BOARD OF EQUALIZATION SALES TAX DUE-OCT-DEC 001 1 36650 1 52.001 $52.00 1/27/2011 1 93003 LEO TAYLOR RECREATION REFUND 001 1 34780 1 142.00 $142.00 1/27/2011 1 93004 ITHE COMDYN GROUP INC CONSULTING SVCS-GIS 1/11 0014070 1 44000 1 344.05 $344.05 1/27/2011 93005 THE GAS COMPANY GAS SVCS-HRTG COMM CTR 0015340 1 42126 1 120.61 $1,590.28 1/27/2011 THE GAS COMPANY GAS SVCS-DBC 0015333 42126 1,469.67 1/27/2011 1 93006 THE SAUCE CREATIVE SERVICES SIGNS-CONCERT SHARE 0015350 1 42110 1 246.94 $546.94 1/27/2011 THE SAUCE CREATIVE SERVICES SIGNS-BIRTHDAY CELEB 0015350 42353 300.00 1/27/2011 1 93007 ULI THE URBAN LAND INSTITUTE MEMBERSHP DUES-GUBMAN 0015210 42315 1 225.00 $225.00 Page 14 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/27/2011 93008 MARIA VASQUEZ FACILITY REFUND-REAGAN 001 23002 50.00 $100.00 1/27/2011 MARIA VASQUEZ FACILITY REFUND-REAGAN 001 36625 50.00 1/27/2011 93009 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 37.75 $222.15 1/27/2011 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 106.43 1/27/2011 VERIZON CALIFORNIA PH.SVCS-DIAL IN ACCESS MD 0014090 42125 77.97 1/27/2011 93010 VERIZON WIRELESS CELL CHRGS-CMGR 0014030 42125 110.47 $313.11 1/27/2011 VERIZON WIRELESS CELL CHRGS-EOC 0014440 42125 57.83 1/27/2011 VERIZON WIRELESS CELL CHRGS-EOC 0014090 42125 4.89 1/27/2011 VERIZON WIRELESS CELL CHRGS-EOC 0014070 42125 4.89 1/27/2011 VERIZON WIRELESS CELL CHRGS-DESFORGES 0014070 42125 45.01 1/27/2011 VERIZON WIRELESS CELL CHRGS-AZIZ 0014070 42125 45.01 1/27/2011 VERIZON WIRELESS CELL CHRGS-SASD MODEM 0014411 42125 45.01 1/27/2011 1 93011 VISION SERVICE PLAN IFEB 2011 VISION PREMIUMS 001 21107 1,241.68 $1,241.68 1/27/2011 1 93012 WALNUT VALLEY ROTARY PROCEEDS-WINTER SNOW FEST 1 0015350 1 45300 1 282.95 $282.95 1/27/2011 1 93013 JWALNUT VALLEY ROTARY PROCEEDS-WINTER SNOW FEST 1 0015350 1 45300 1 282.951 $282.95 1/27/2011 1 93014 IVIC WALTON IRECREATION REFUND 1 001 1 34780 1 87.00 $87.00 1/27/2011 93015 WILLDAN GEOTECHNICAL PROF.SVCS-EN 10-715 001 23012 370.00 $3,535.00 1/27/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 10-715 001 23012 66.60 1/27/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 10-715 001 34650 -66.60 1/27/2011 WILLDAN GEOTECHNICAL PROF.SVCS-EN 10-715 001 23012 740.00 1/27/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 10-715 001 23012 133.20 1/27/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 10-715 001 34650 -133.20 1/27/2011 WILLDAN GEOTECHNICAL PROF.SVCS-EN 05-474 001 23012 555.00 1/27/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 05-474 001 23012 99.90 1/27/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 05-474 001 34650 -99.90 1/27/2011 WILLDAN GEOTECHNICAL PROF.SVCS-EN 11-722 001 23012 760.00 1/27/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 11-722 001 23012 136.80 1/27/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 11-722 001 34650 -136.80 Page 15 i City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 1/27/2011 93015... WILLDAN GEOTECHNICAL PROF.SVCS-EN 08-625 001 23012 370.00 $3,535.00... 1/27/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 08-625 001 23012 66.60 1/27/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 08-625 001 34650 -66.60 1/27/2011 WILLDAN GEOTECHNICAL PROF.SVCS-EN 05-479 001 23012 740.00 1/27/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 05-479 001 23012 133.20 1/27/2011 WILLDAN GEOTECHNICAL ADMIN FEE-EN 05-479 001 34650 -133.20 1/27/2011 1 93016 ICAROLINE JOY WOOD RECREATION REFUND 1 001 34780 1 142.00 $142.00 1/27/2011 1 93017 IPAUL WRIGHT JAIV SVCS-P/C,CC MTG 1 0014090 44000 1 275.00 $275.00 1/27/2011 1 93018 XAVIERS FLORIST FLORAL ARRGMNT-CNCL MTG 0014010 41200 51.31 $128.14 1/27/2011 XAVIERS FLORIST FLORAL ARRNGMNT-LYONS 0014090 41400 76.83 1/27%2011 1 93019 MARK YRIARTE FACILITY REFUND-DBC 001 1 36615 1 50.00 $50.00 1/27/2011 1 93020 BEIXUN ZHANG IRECREATION REFUND 001 1 34780 142.00 $142.00 2/3/2011 1 93021 JACCESS CONTROL SECURITY ISECURITY SVCS-DBC JAN 0015333 45010 954.00 $954.00 2/3/2011 1 93022 ACEC-CA PUBLICATIONS-COM DEV 0015210 42320 578.24 $578.24 2/3/2011 93023 ADVANTEC CONSULTING ENGINEERS INC TRFFC ENG SVCS-DEC 10 0015551 45222 380.00 $8,390.00 2/3/2011 ADVANTEC CONSULTING ENGINEERS INC SCH ZONES DESIGN-PANTERA 0015551 45222 2,240.00 2/3/2011 ADVANTEC CONSULTING ENGINEERS INC TRFFC SIGNAL-NOV 2010 1135553 R44000 2,810.00 2/3/2011 ADVANTEC CONSULTING ENGINEERS INC TRFFC SIGNAL-DEC 2011 1135553 R44000 2,960.00 2/3/2011 93024 ALBERTSONS SUPPLIES-DB4 YOUTH 0015350 41200 6.19 $172.23 2/3/2011 ALBERTSONS SUPPLIES-WINTER S/FEST 0015350 41200 16.43 2/3/2011 ALBERTSONS SUPPLIES-WINTER S/FEST 0015350 41200 149.61 2/3/2011 1 93025 ALL CITY MANAGEMENT SERVICES ICROSSING GUARD-JAN 11 0014411 1 45410 1 6,522.90 $6,522.90 2/3/2011 93026 AMERICAN ZEN ASSOCIATION FACILITY REFUND-DBC 001 23002 100.00 $943.32 2/3/2011 AMERICAN ZEN ASSOCIATION FACILITY REFUND-DBC 001 23004 83.32 2/3/2011 AMERICAN ZEN ASSOCIATION FACILITY REFUND-DBC 001 36615 760.00 Page 16 .... . .. ... ........_..._........ .. . ... .... ... .. City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 2/3/2011 93027 AND 1 OFFICIALS OFFICIAL SVCS-1/8/11 0015350 45300 294.00 $966.00 2/3/2011 AND 1 OFFICIALS OFFICIAL SVCS-1/15/11 0015350 45300 336.00 2/3/2011 AND 1 OFFICIALS OFFICIAL SVCS-1/22/11 0015350 45300 336.00 2/3/2011 93028 ARROWHEAD EQ RENTAL-DBC 0015333 42130 12.06 $54.80 2/3/2011 ARROWHEAD WATER SUPPLIES-DBC 0015333 41200 42.74 2/3/2011 1 93029 AT&T PH.SVCS-GENERAL 0014090 1 42125 1 40.06 $40.06 2/3/2011 93030 JAT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 11.07 $22.14 2/3/2011 AT&T MOBILITY CELL CHRGS-POOL VEH 0014090 42125 11.07 2/3/2011 1 93031 BENESYST 2/4/11-PIR DEDUCTIONS 001 21105 699.761 $699.76 2/3/2011 1 93032 BURGER CONTINENTAL FOOD-SR VALENTINE DANCE 0015350 1 45300 1 932.88 $932.88 2/3/2011 1 93033 TED A CARRERA T&T COMM-1/13 0015510 1 44100 1 45.001 $45.00 2/3/2011 1 93034 ANA CARRERA IFACILITY REFUND-HERITAGE 001 23002 1 200.00 $200.00 2/3/2011 1 93035 KAREN CAYANAN FACILITY REFUND-DBC 001 1 23002 1 500.00 $500.00 2/3/2011 1 93036 JEDWARD CHEN RECREATION REFUND 001 1 34780 1 7.001 $7.00 2/3/2011 93037 EMILIE CHLARSON FACILITY REFUND-DBC 001 36615 2,400.00 $2,900.00 2/3/2011 EMILIE CHLARSON FACILITY REFUND-DBC 001 23002 500.00 2/3/2011 93038 DAY&NITE COPY CENTER PRINT SVCS-P/INFO 0014095 42110 109.75 $434.06 2/3/2011 DAY&NITE COPY CENTER PRINT SVCS-COM DEV 0015210 42110 126.76 2/3/2011 DAY&NITE COPY CENTER PRINT SVCS-P/WORKS 0015510 42110 197.55 2/3/2011 1 93039 DELTA DENTAL IFEB 2011-DENTAL PREM 001 21104 1 3,583.27 $3,583.27 2/3/2011 1 93040 ICAROL DENNIS PROF.SVCS-T&T MTG 0015510 1 44000 1 100.00 $100.00 2/3/2011 1 93041 DIAMOND BAR BREAKFAST LIONS MTG-COUNCIL 0014010 1 42325 1 10.001 $10.00 Page 17 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 2/3/2011 1 93042 DIAMOND BAR BREAKFAST LIONS AD-DRUMMING FOR KIDS 0114010 1 42355 1 75.00 $75.00 2/3/2011 1 93043 IDIAMOND BAR CHINESE AMERICAN ASSN JINFO BOOTH-CHINESE N/YEAR 1 0114010 1 42355 1 200.001 $200.00 2/3/2011 1 93044 DIAMOND BAR COMMUNITY FOUNDATION AD-WINTER S/FEST JAN/FEB 1 0014095 1 42115 1 500.00 $500.00 2/3/2011 1 93045 DIAMOND BAR COM.PRESCHOOL PROCEEDS-WINTER S/FEST 0015350 1 45300 1 282.951 $282.95 2/3/2011 1 93046 IDIAMOND BAR MOBIL FUEL-COMM SVCS 1 0015310 1 42310 1 136.301 $136.30 2/3/2011 93047 DIVERSIFIED PARATRANSIT INC HOLIDAY RIDE-DEC 2010 1125553 1 45315 5,444.00 $35,751.00 2/3/2011 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE SVCS-DEC 10 1135553 45529 1 30,307.00 2/3/2011 1 93048 DIVERSIFIED PRINTERS PRINT SVCS-CITY NEWS FEB 0014095 1 44000 1 3,242.00 $3,242.00 2/3/2011 1 93049 IFEDEX EXPRESS MAIL-GENERAL 0014090 1 42120 142.11 $142.11 2/3/2011 1 93050 JDAVID FERNANDEZ CONTRACT CLASS-WINTER 0015350 1 45320 1 621.00 $621.00 2/3/2011 1 93051 HARDY&HARPER INC RD PAVEMENT MAINT-JAN 0015554 1 45502 946.90 $55,789.40 2/3/2011 HARDY&HARPER INC ROAD MAINT SVCS-JAN 11 0015554 45504 54,842.50 2/3/2011 1 93052 KEVIN HOUSE T&T COMM-1/13 0015510 1 44100 1 45.00 $45.00 2/3/2011 1 93053 LI YUN HUNG RECREATION REFUND 1 001 1 34780 1 150.00 $150.00 2/3/2011 1 93054 1 NANCY HWANG FACILITY REFUND-PANTERA 1 001 1 23002 1 50.00 $50.00 2/3/2011 93055 INLAND VALLEY DAILY BULLETIN LEGAL AD-B/CYN/SR-57 1 0015510 1 42115 1 166.00 $166.00 2/3/2011 1 93056 NABIL KASSIH REFUND-PLOT PLAN REVIEW 001 34430 1 85.00 $85.00 2/3/2011 1 93057 CHRISTINA KUBOJIRI FACILITY REFUND-DBC 1 001 1 36615 1 400.00 $400.00 2/3/2011 1 93058 ILA PUENTE PAINT&BODY JEQ MAINT-COMM SVCS 1 0015310 1 42200 1 1,024.26 $1,024.26 Page 18 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 2/3/2011 93059 GAIL LEGROS MTG-COUNCIL 0014010 42325 20.00 $20.00 2/3/2011 1 93060 LIANA PINCHER T&T COMM-1/13 0015510 1 44100 1 45.00 $45.00 2/3/2011 1 93061 JIMMY LIN T&T COMM-1/13 0015510 1 44100 1 45.00 $45.00 2/3/2011 1 93062 LOS ANGELES COUNTY DEPT OF P/HEALTH ADMIN FEE-BACKFLOW PRVNTN 0015340 1 42210 1 40.00 $40.00 2/3/2011 93063 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL-DEC 10 0014411 45402 6,896.72 $491,829.90 2/3/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES-NOV 2011 1125553 45402 135.76 2/3/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS-JUL-NOV 1279915 49001 42,932.40 2/3/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. CLICK IT OR TICKET-NOV 10 0014411 45402 860.12 2/3/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS-DEC 2010 0014411 45401 424,448.67 2/3/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS-DEC 10 1279915 49001 8,586.48 2/3/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL-DEC 10 0014411 45402 7,826.40 2/3/2011 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES-DEC 10 1125553 45402 143.35 2/3/2011 93064 LOWE'S BUSINESS ACCOUNT SUPPLIES-PARKS 0015340 41200 545.60 $813.88 2/3/2011 LOWE'S BUSINESS ACCOUNT SUPPLIES-SNOW FEST 0015350 41200 268.281 1 2/3/2011 1 93065 ROSE LU RECREATION REFUND 1 001 1 34780 97.00 $97.00 2/3/2011 1 93066 MANAGED HEALTH NETWORK FEB 2011-EAP PREM 1 001 1 21115 1 157.30 $157.30 2/3/2011 1 93067 GABRIEL MARTINEZ RECREATION REFUND 001 34780 1 92.00 $92.00 2/3/2011 1 93068 KENNETH MOK T&T COMM-1/13 1 0015510 1 44100 1 45.00 $45.00 2/3/2011 1 93069 MUNICIPAL COURT POMONA JUDICIAL DIS PARKING CITE ADMIN-DEC 001 1 32230 1 3,383.50 $3,383.50 2/3/2011 1 93070 KARLENE OKAZAKI RECREATION REFUND 001 34730 39.00 $61.00 2/3/2011 1 KARLENE OKAZAKI RECREATION REFUND 001 34730 22.00 2/3/2011 1 93071 JONWARD ENGINEERING RD MAINT-AREA 6 2505510 1 R46411745.50 $3,918.00 2/3/2011 ONWARD ENGINEERING RD MAINT-B/CYN DRAINAGE 2505510 46420 3,172.50 Page 19 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 2/3/2011 93072 ORKIN PEST CONTROL INC PEST CONTROL-B/CYN 1385538 42210 63.37 $129.43 2/3/2011 ORKIN PEST CONTROL INC PEST CONTROL-SYC CYN 0015340 42210 66.06 2/3/2011 1 93073 PAETEC COMMUNICATIONS INC. LONG DIST SVCS-DEC/JAN 0014090 1 42125 1 809.22 $809.22 2/3/2011 1 93074 JEDWARD PECHY IRECREATION REFUND 1 001 1 34780 1 142.00 $142.00 2/3/2011 93075 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 $26,515.66 2/3/2011 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 11,071.13 2/3/2011 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 15,398.03 2/3/2011 93076 REINBERGER PRINTWERKS PRINT SVCS-LETTERHD/ENVLP 0014090 42110 412.66 $750.69 2/3/2011 REINBERGER PRINTWERKS PRINT SVCS-LABELS 0014090 42110 175.60 2/3/2011 REINBERGER PRINTWERKS PRINT SVCS-BUS CARDS 0014095 42110 91.09 2/3/2011 REINBERGER PRINTWERKS PRINTS SVCS-BUS CARDS 0014095 42110 71.34 2/3/2011 93077 RKA CONSULTING GROUP BLDG&SFTY SVCS-OCT 10 0015220 45201 35,577.50 $122,375.00 2/3/2011 RKA CONSULTING GROUP BLDG&SFTY SVCS-NOV 10 0015220 45201 31,282.50 2/3/2011 RKA CONSULTING GROUP BLDG&SFTYSVCS-NOV 10 0015220 45201 31,282.50 2/3/2011 RKA CONSULTING GROUP BLDG&SFTY SVCS-DEC 10 0015220 45201 24,232.50 2/3/2011 1 93078 MARK RODRIGUEZ FACILITY REFUND-DBC 1001 36615 1 95.00 $95.00 2/3/2011 1 93079 SCMAF MEMBERSHIP DUES-COM SVCS 1 0015350 1 42315 1 280.00 $280.00 2/3/2011 1 93080 ISIMPSON ADVERTISING INC CITY NEWS-FEB 2011 1 0014095 1 44000 1 2,175.00 $2,175.00 2/3/2011 1 93081 TERRELL SMITH RECREATION REFUND 1 001 1 34740 1 79.001 $79.00 2/3/2011 93082 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 530.53 $5,049.98 2/3/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 170.91 2/3/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 1385538 42126 23.75 2/3/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-PARKS 0015340 42126 3,634.98 2/3/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-DIST 38 1385538 42126 519.94 2/3/2011 SOUTHERN CALIFORNIA EDISON ELECT SVCS-TRFFC CONTROL 0015510 42126 169.87 Page 20 City of Diamond Bar - Check Register 01/27/2011 thru 02/09/2011 Check Date Check Number Vendor Name Transaction Description Fund/Dept Acct# Amount Total Check Amount 2/3/2011 93083 TENNIS ANYONE CONTRACT CLASS-WINTER 0015350 45320 1,959.30 $1,959.30 2/3/2011 1 93084 THE GAS COMPANY IGAS SVCS-NEW C/HALL 0014093 1 42126 43.03 $43.03 2/3/2011 1 93085 ITHE SAN GABRIEL VALLEY NEWSPAPER GR LEGAL AD-B/CYN/SR-57 1 0015510 1 42115 1 169.46 $169.46 2/3/2011 1 93086 THREE VALLEYS MUNICIPAL WATER DIST MTG-COUNCIL 1 0014010 1 42325 1 15.00 $15.00 2/3/2011 1 93087 TIME WARNER IMODEM SVCS-HERITAGE 1 0015340 1 42126 1 116.01 $116.01 2/3/2011 1 93088 TIME WARNER MODEM SVCS-COUNCIL 1 0014010 1 42130 1 50.99 $50.99 2/3/2011 93089 MELISSA DE LA TORRE FACILITY REFUND-DBC 001 23002 200.00 $340.00 2/3/2011 MELISSA DE LA TORRE IFACILITY REFUND-DBC 001 36615 140.00 2/3/2011 93090 TRENCH PLATE RENTAL CO EQ RENTAL-DBB/STEEP CYN 0015554 42130 609.75 $609.75 2/3/2011 1 93091 VALLEY CREST LANDSCAPE MAINT.INC CLEANUP-WINTER S/FEST 0015340 1 42210 1 765.00 $765.00 2/3/2011 93092 VANTAGEPOINT TRNSFR AGNTS-303248 2/4/11-PIR DEDUCTIONS 001 21108 1 26,423.44 $26,423.44 2/3/2011 93093 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 35.16 $397.00 2/3/2011 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 273.70 2/3/2011 VERIZON CALIFORNIA PH.SVCS-GENERAL 0014090 42125 88.14 2/3/2011 1 93094 LARRY WATANABE IRECREATION REFUND 1 001 1 34780 1 72.001 $72.00 2/3/2011 1 93095 WEST COAST ARBORISTS INC TREE MAI NT-DEC 2010 1 0015558 1 45509 1 4,210.03 $4,210.03 2/3/2011 1 93096 MEE RAN YANG IFACILITY REFUND-DBC 1 001 1 36615 1 400.00 $400.00 1/27/2011 1 WIT 0157 UNION BANK OF CALIFORNIA,NA ILEASE PAYMNT-DBC JAN 11 1 0014090 1 42140 1 28,045.02 $28,045.02 $1,587,589.08 Page 21 Agenda # 6 .5 Meeting Date February 15, 2011 -CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Maa I 'iO TITLE: NOTICE OF COMPLETION R RESIDENTIAL AREA 6 ROAD MAINTENANCE PROJECT. RECOMMENDATION: Accept the extended Warranty and File a Notice of Completion. FINANCIAL IMPACT: There is no financial impact. BACKGROUND/DISCUSSION: The City Council awarded a construction contract to The RJ Noble Company on June 15, 2010 in an amount not to exceed $908,712.00 with a contingency amount of $91,000.00 for a total authorization amount of $999,712.00. The City authorized the Notice to Proceed for the construction project on August 9, 2010. The RJ Noble Company has completed all work required of this project. As part of the project specifications, wet track abrasion tests were performed on the slurry seal. Four (4) tests were performed during slurry seal operations on two (2) separate roadways (High Knob Road and Looking Glass Drive) and subsequently the results indicate that the slurry seal at these specific locations did not conform to the specified requirements. Wet track abrasion tests measures the wearing quality of the slurry seal surface. According to TRG Geotechnical, Inc., the Construction Management Team's materials tester, the inability to meet the specifications can lead to slurry that may wear more aggressively under traffic. These issues can generally be visible within two years of the slurry seal application. Beyond two years, it becomes difficult to decipher excessive wear from normal wear under routine traffic. With that understanding, the contractor agreed to extend the one year warranty on the slurry by an additional year as a guarantee of the slurry seal product provided. A two year (12/15/10-12/15/12) warranty/maintenance bond has been posted with the City and in the event that the slurry begins to show signs of abnormal wear specific to the wet track abrasion then the contractor will be required to repair the roadway at their sole cost. This warranty has been reviewed by TRG Geotechnical, Inc., Onward Engineering, the City Attorney and staff and upon acceptance from Council will be on file with the City Clerk. The final construction cost of the project is $889,382.12 which includes $14,669.26 in change orders for additional grinding and replacement of asphalt at two locations. The project was completed $110,329.88 under the overall authorized project budget. PREPARED BY: DATE PREPARED: Kimberly Molina, Associate Engineer February 10, 2011 REVIEW BY: Davi G. Li irector of Public Works Attachments: Notice of Completion 2 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 E.COPLEY DRIVE DIAMOND BAR, CALIFORNIA 91765 ATTENTION. CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093,must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The firll name of the owner is City of Diamond Bar 3. The full address of the owner is 21825 Conley Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is;"In fee" (If other than fee,strike"In fee"and insert,for example,"purchaser under contract of purchase,"or"lessee") 5. The full names and full addresses of all persons,if any,who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on February 4,2011. The work done was: Residential Area 6 Road Maintenance Project-various locations 7. The name of the contractor,if any,for such work of improvement was The RJ Noble Company June 21 2010 (If no contractor for work of improvement as a whole,insert"none") (Date of Contract) 8. The property on which said work of improvement was completed is in the City of Diamond Bar,County of Los Angeles,State of California,and is described as follows Residential Area 6 Road Maintenance Project 9. The street address of said property is"none" (If no street address has been officially assigned,insert"none") CITY OF DIAMOND BAR Dated: Verification for Individual Owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I,the undersigned,say: I am the Director of Public Works the declarant of the foregoing ("resident of',"Manager of,""A partner of,""Owner of,"etc.) notice of completion; I have read said notice of completion and know the contests thereof;the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 20__,at Diamond Bar California. (Date of signature) (City where signed) (Personal signature of the individual who is swearing that the contents of the notice of completion are true) Agenda# ti 6 (a) Meeting Date: Feb. 15, 2611 ci _ or — CITY COUNCIL AGENDA REPORT C Co>RP01t+��'� �98g TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: APPROVE PLANS AND SfCIFICATIONS AND AWARD CONSTRUCTION CONTRACT FOR THE TRAFFIC SIGNAL INTALLATION AT BREA CANYON CUTOFF ROAD AND THE SOUTHBOUND STATE ROUTE 57 FREEWAY RAMP IN THE AMOUNT OF $155,015.00 TO FREEWAY ELECTRIC, INC. AND AUTHORIZE A CONTINGENCY AMOUNT OF $15,500.00 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $170,515.00. RECOMMENDATION: Approve and award. This agenda item approval is contingent upon" adoption of the Fiscal Year 2010/2011 Mid Year Budget. FINANCIAL IMPACT: As part of the Fiscal Year 2010/2011 Mid Year Budget Adjustment, a General Fund amount of $250,000 has been appropriated for the traffic signal installation at Brea Canyon Cutoff Road and the Southbound State Route 57 Freeway Ramp. These funds are developer fees that were collected as traffic mitigations from prior development projects in the area. DISCUSSION: The traffic signal at Brea Canyon Cutoff Road and the Southbound State Route 57 Freeway Ramp will greatly benefit the City of Diamond Bar by improving traffic control along Brea Canyon Cut-off Road. As part of the scope of work, the installation of the new signal will include new lighting equipment, new curb ramps, signing and pavement markings, and other improvements. This will be a Caltrans operated and maintained traffic signal. The project was advertised for bids during the month of January 2011. On February 7, 2011, the City received the following thirteen (13) bid proposals: Company Base Bid Amount 1. Freeway Electric, Inc. $155,015.00 2. VT Electric, Inc. $158,843.00 3. Macadee Electrical Const. $173,189.00 4. DBX, Inc. $173,474.00 5. Unique Performance Const. $175,000.00 6. C.T. $ F., Inc. $180,914.00 7. California Professional Engineering $183,973.00 8. Steiny & Co. Inc. $184,342.00 9. Pro Tech Engineering, Corp. $188,793.00 10. Flatiron Electric Group, Inc. $192,372.00 11. Traffic Loops Crackfilling, Inc. -$196,400.00 12. J.F.L. Electric, Inc. $214,946.00 13. Dynalectric $230,139.00 The engineer's estimate for the project was $220,000. The lowest responsible bid was received from Freeway Electric, Inc. in the amount of $155,015.00. Staff reviewed their bid and verified their State Contractor's License. Staff received favorable reviews for Freeway Electric, Inc. from City of Lakewood, City of Bellflower and City of Monrovia. The project schedule is tentatively set as follows: Award of Contract February 2011 Start Construction March 2011 Construction Complete July 2011 PREPARED BY: Christian Malpica, Associate Engineer Date Prepared: February 10, 2011 REVIEWED BY: David G. Liu, Director of Public Works Attachment: Exhibit—Project Map Contract Agreement m�� -x F,yp, a.k % �"s. tFl # P "•¢� A i �ht A.Y t qiK r7Ul µ,z T11 MI A c ,.��• �_ fiY ,yds qs LL f,, 5 t"ua.z `� rR a�rs 1 TW�M� RheiG 6 �" � _� 4-1 -4�Y» : ,t '4 xF�1; 1 ' �. `Yy �•+� •'� ., m' a 42 V 2a"' CCC1 s =z yah "� w � s� � 4.c ask t c4N` ,r � a r gas m ._•� ut Rd anyon cC ( e- oa �C saga Gaal , "a uoltu� a r r r �% �pO�t hx aid `7 AUptUp� y pami a s m r G�sO Y t' AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Freeway Electric, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Freeway Electric, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Traffic Signal Installation at Brea Canyon Cutoff Road and the Southbound State Route 57 Freeway Ramp in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Traffic Signal Installation at Brea Canyon Cutoff Road and the Southbound State Route 57 Freeway Ramp in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications dated January 13, 2011 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLE- MENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated February 7, 2011, together with this written 'agreement, shall. constitute the contract between the, parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within eighty 80 working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub- contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1 Public Liability - Bodily Injury (not auto) $500,000 each person; 1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 2 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the.following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance 3 company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per them wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per them-wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per them wages. Copies of such prevailing rates of per them wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub-contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. 4 The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. 5 Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss,..stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreeliability enti'l Contractor shall not be required to indemnify and hold harmless City fo I iabi ity attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR For furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated February 7, 2011. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 6 IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 947817 Freeway Electric, Inc. 5942 Acorn St. Riverside, CA 92504 Date By: TITLE CITY OF DIAMOND BAR, CALIFORNIA Date By: Steve Tye, MAYOR ATTEST: Date By: CITY CLERK CONTRACTOR'S Business Phone (951) 710-1000 Emergency Phone at which CONTRACTOR can be reached at any time 951 722-5755 APPROVED AS TO FORM: CITY ATTORNEY Date i I BID FOR TRAFFIC SIGNAL INSTALLATION BREA CANYON CUTOFF AND SR 57 SB RAMPS Date February 7 , 2011 To the City Council of the City of Diamond Bar: The Undersigned hereby declares: (a) That the only persons or parties interested in this bid as principals are the following: Freeway Electric Inc. Brian Mendoza, President/CFO Elizabeth H. Mendoza de McRae Vice President/Secretary (If the bidder-is a corporation, give the name of the corporation and the name of its president, secretary, treasurer, and manager. If a co-partnership, give the name under which the co- partnership does business, and the names and addresses of all co-partners. If an individual, state 90 the name under which the contract is to be drawn.) (6) That this bid is made without collusion with any person, firm or corporation. (c) That he has carefully examined the location of the proposed work and has familiarized himself with all of the physical and climatic conditions, and makes this bid solely upon his own knowledge. (d) That by submitting this Bid, he acknowledges receipt and knowledge of the contents of those communications sent by the City of Diamond Bar to him at the address furnished by him to the City of Diamond Bar when this bid form was obtained. (e) That he has carefully examined the specifications, both general and detail, and the drawings attached hereto, and communications sent to him as aforesaid, and makes this bid in accordance therewith. (f) That, if this bid is accepted he will enter into a written contract for the performance of the proposed work with the City of Diamond Bar. That he proposes to enter into such Contract and to accept in full a (g) p p p payment for the work actually done thereunder the prices shown in the attached schedule. It is understood and agreed that the quantities set forth are estimates and that the unit prices will apply to the actual quantities whatever they may be. 8 Accompanying this bid is a certified or cashier's check or bidder's bond, payable to the order of the City of Diamond Bar in the sum of Bid bond for 10% of total bid. DOLLARS ($ ). Said bidder's bond has been duly executed by the undersigned bidder and by a financially sound surety company authorized to transact business in this state. It is understood and agreed that should the bidder fail within ten days after award of contract to enter into the contract and furnish acceptable surety bonds, then the proceeds of said check, or bidder's bond, shall become the property of the City of Diamond Bar, but if this Contract is entered into and said bonds are furnished,or if the bid is not accepted then said check shall be returned to the undersigned,or the bidder will be released from the bid bond. Freeway Electric Inc. 5942 Acorn St . 951. 710.1000 Address of Bidder Telephone of Bidder Riverside, Ca 92504 Brian Mendoza, President/CFO City Zip Code Signature of Bidder Akl 9 BID SCHEDULE FOR TRAFFIC SIGNAL INSTALLATION BREA CANYON CUTOFF AND SR 57 SB RAMPS In accordance with specifications therefore approved by the City Council of the City of Diamond Bar the undersigned bidder is herewith submitting the following bid prices for the performance of tho'entire work as described in these specifications and attached drawings subject to furnishing all materials. UNIT AL ITEM PRICE ITEM TOT NO. ITEM DESCRIPTION QUANTITY UNIT lin figures) (in figures) Dollars Cents Dollars Cents Traffic Signal Installation 1 at Brea Canyon Cutoff& Lump Sum L.S. �,L.1�2Z` 2-711 ZZ SR 57 Southbound Ramps Traffic Signal 2 Modification at Diamond Lump Sum L.S. J5:')iz�9O��J Bar Boulevard&SR 57 Northbound Ramps 3 Traffic Signs,Stripes& Lump Sum L.S. ` �— Pavement Markings �� y 4 Curb Ramps&Sidewalk Lump Sum L.S. 5 Mobilization&Bonding Lump Sum L.S. 'ZO�j'' 2CZC)— TOTAL BID AMOUNT(Items 1 through 5) �0 Total Bid Amount in Words: _ovl;e- �Au i i '��y� �►� Bid price indicated refers to all items illustrated on plans and details, and delineated within specifications installed and completely in place in accordance with all applicable portions of the construction documents and include all costs connected with such items including, but to necessarily limited to, materials, transportation, taxes, insurance, labor, overhead, and profit, for General Contractor and Subcontractors. j All work called for on the construction documents are to provide a completed project with all systems operating properly and ready for use. The undersigned further agrees that in case of default in executing the required contract, with necessary bond, within ten (10) days, not including Sundays and legal holidays, after having 10 received notice that the contract has been awarded and is ready for signature, the proceeds of the security accompanying his bid shall become the property of the City of Diamond Bar; and this bid and the acceptance thereof may be considered null and void. Freeway Electric Inc. Brian Mendoza, President/CFO 02/07/2011 NAME OF BIDDER(PRINT) SIGNATURE DATE 5942 Acorn St. ADDRESS Riverside, CA 92504 951.710.1000 CITY ZIP CODE TELEPHONE �Lf lass A; C10; C31 Exp Cp 0/2 r STATE CONTRACTOR LICENSE NO. - CLASSIFICATION - EXPIRATION DATE I declare under penalty of Perjury of the laws of the State of California that the representations made herein are true and correct in accordance with the requirements of California Business and Professional Code Section 7028.15. Fre ay Electric Inc. Brian Mendoza, President/CFO CO CTOR SIGNATURE OR AUTHORIZED OFFICER IVA ��, � 9�10 li '; 11 lip LIST OF SUBCONTRACTORS* BIDOPENING DATE 02/07/2011 PROJECT Traffic Signal Installation Brea Canyon Cutoff and SR SB Ramps LOCATION San Dimas, CA City of San Dimas CLIENT Freeway Electric Inc. CONTRACTOR Name Under Which Address of Office, Percent of Specific Description of Subcontractor is License No. Mail,or Shop Total Bid Item Licensed Contract 941 Ub LqM->, � �t HAC Construction HAC Construction Licenses No. 883826, Class A 5747 Lucretia Avenue, Mira Loma, Tel: 951-360-4726 CA 91752 * Any subcontractor doing work in excess of one-half(1/2) of one percent (1%) of the total bid or ten thousand dollars($10,000)whichever is greater,shall be designated on this form. I 12 I DECLARATION OF ELIGIBILITY TO CONTRACT [Labor Code Section 1777.1: Public Contract Code Section 6109} The undersigned,a duly authorized representative of the contractor, certifies and declares that: 1. The contractor is aware of Sections 1771.1 and 1777.7 of the California Labor Code, which prohibit a contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time. 2. The contractor is not ineligible to bid on,be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law. 3. The contractor is aware of California Public Contract Code Section 6109,which states: (a) A public entity, as defined in Section 1100 [of the Public Contract Code],may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code to bid on,be awarded or perform work as a subcontractor on a public works project. Every public works project shall contain a provision prohibiting a contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code. (b) Any contract on a public works project entered into between a contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the awarding body. The contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project. 4. The contractor has investigated the eligibility of each and every subcontractor the contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law. 13 I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. Executed this day of 02/07 ,2011,at Riverside (place of execution). Signature Name: Brian Mendoza `T Title:_ President/secretary Name of Company: Freeway Electric Inc. f i 14 CONTRACTOR'S INDUSTRIAL SAFETY RECORD Project Identification: Traffic Signal Installation Brea Canyon Cutoff and SR 57 SB Rams Bid Date: FebnM 7,2011 This,information must include all construction work undertaken in the State of California by the bidder and any partnership, joint venture or corporation that any principal of the bidder participated in as a principal or owner for the last five calendar years and the current calendar year prior to the date of bid submittal. Separate information shall be submitted for each particular partnership,joint venture, corporation.or individual bidder. The bidder may attach any additional information or explanation of data which he would like taken into consideration in evaluating the safety record. An explanation must be attached of the circumstances surrounding any and all fatalities. 5 CALENDAR YEARS CURRENT ITEMPRIOR TO CURRENT YEAR YEAR. 2006 2007 2008 2009 2010 TOTAL No.of contracts 35 37 17 '21 11 121 0 Total dollar amount of contracts 5.5M 6.OM 4.8M 1.OM 5.7M 23.OM 0 in 1000's No.of fatalities 0 0 0 0 0 0 0 No.of lost workday cases 0 1 0 0 10 0 0 0 No.of lost work day cases o 0 0 0 0 0 0 involving permanent transfer to another job or termination of employment No.of lost workdays 0 0 0 0 0 0 0 The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary Occupational Injuries and Illnesses,OSEA No. 102. The above information was complied from the records that are available to me at this time and I declare under penalty*of perjury that the information is true and accurate within the limitations of these records. Freeway Electric Inc . Brian Mendoza, President/CFO Name of Bidder(Print) Signature 5942 Acorn St . 947817 Class A; C10; C31 Address State Contractors'License Number&Class. Riverside, Ca 92504 951.710. 1000 City Zip Code Telephone 15 mop AFFIDAVIT FOR CO-PARTNERSHIP FIRM STATE OF CALIFORNIA ) )SS COUNTY'OF LOS ANGELES ) �i/firstdulyy sworn, deposes and says: / That he is a member of the co-partnership firm designated as which is the party making the foregoing bid or bid; that such bid4s genuine and not collusive or sham; that said bidder has not colluded, conspired, connived,.or agreed; directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to'secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. That he has been and is duly vested with authority to make and sign instruments for the co-partnership by j who constitute the other members of the co-partnership. fe Signature Subscribed and/sworn to before me this j day of 20 Signature of Officer Administering oath(Notary Public) i I � I 16 tv AFFIDAVIT FOR CORPORATION BIDDER STATE OF CALIFORNIA ) Riverside )SS COUNTY OF t �J ) Brian Mendoza being first duly sworn, deposes and says: That he is President/CFO of, Freeway ElectricInc. a corporation which is the party making the foregoing bid or bid;.that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for any other person. Brian .Mendoza 0 President/CFO Signature Joe Subscribed and 'sworn to before me this 7th day of Febru r 20 11 Signa of Officer Administering oath(Notary Public) See attached 17 CALIFORNIA ALL-PURPOSE . CERTIFICATE of ACKNOWLEDGMENT State of California County of Riverside On beforeme, Elizabeth H.M. McRae, Notary Public (Here insert name and title of the officer) personally appeared Brian Mendoza who proved to me on the basis of satisfactory evidence to be the person(x)whose name(n) isubscribed to the within instrument and acknowledged to me that he/she/tluy executed the same in his&xr/tb-§dr authorized capacity(i *and that by hisr/tip signature)on the instrument the person( or the entity upon behalf of — which the person(s)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of tre State of California that the foregoing paragraph is true and corre . WITNES y h d and official seal. 4 ELIZABETH H.M. MCRAE r"�pp COMM.# 1910816 (Notary Seal) v1 �® NOTARY P68LIC•CALIFORNIN Signature of Notary Public RIVERSIDE COUN�201'4 MY COMM.ExP.OcT. " ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certifying the authorized capacity of the signer).Please check the (Title or description of attached document continued) document carefullyfor proper notarial wording and attach this form if required. . State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personalty appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) ire/she/they;is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. El Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact . Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a ` corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10,07 800-873-9865 www.NotaryClasses.com AFFIDAVIT FOR INDIVIDUAL BIDDER STATE OF CALIFORNIA } )SS COUNTY OF LOS ANGELES ) /being first duly sworn,deposes and says: / That he is the party making the foregoing bid or bid; that such bid is ge�nfiine and not collusive or sham; that said bidder has not colluded, conspired, connived or aeeed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrain from bidding; and has not in any manner sought by collusion to secure/any advantage against the City of Diamond Bar or any person interested in the proposed confract, for.himself or for any other person i i Signature Subscribed and sworn to before me this day of 20 Signature of Officer Administering oath(Notary Public) i 18 AFFIDAVIT FOR JOINT VENTURE STATE OF CALIFORNIA ) )SS COUN'T'Y OF LOS.ANGELES ) being first duly sworn,deposes and says: That he is of, one of the parties submitting the foregoing bid as a joint venture and that he has been and is duly vested with the authority to make and sign instruments for and on behalf of the parties making said bid who are: that such bid is genuine and not collusive or sham; that said bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any other bidder or person to put in a sham bid or that such other person shall refrai� from bidding; and has not in any manner sought by collusion to secure any advantage against the City of Diamond Bar or any person interested in the proposed contract, for himself or for an, other person. Signature Subscribed and swo to before me this day of 20 Signature of Officer Administering oath(Notary Public) 19 FAITHFUL PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS,THAT WE hereinafter referred to as "Contractor" as PRINCIPAL,and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of, Dollars ($ ) lawful money of the United States of America, for the payment of which sum, will and truly to be made,we bind ourselves,jointly and several firmly by these presents. fe THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that whereas, said contract has been awarded and is about to enter into the annexed contract with said City for consideration of the work under the specification entitled Traffic Signal Installation, Brea Canyon Cutoff and SR 57 SB Ramps and is required by said City to give this bond in connection with the execution of said contract. NOW, THEREFORE, if said Contractor shall well and truly do and perform all the covenants and obligations of said contract on his part to be done and performed at the time and in the manner specified herein; this obligation shall be null and void; otherwise it shall be in full force and effect; PROVIDED, that any alterations in the work to be done, or the materials to be furnished, which may be made pursuant to the terms of said Contract shall not in any way release said Contractor or the Surety thereunder nor shall any extension of item granted under the provisions of said Contract release either said Contractor or said Surety and notice of such alterations or extensions of the Contract is hereby waived by such Surety. In the event suit is brought upon this Bond by the obligee and judgment is recovered, said Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of 2011. PRINCIPAL SURETY BY: (SEAL) (SEAL) 20 LABOR ANIS MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS,THAT WE hereinafter referred to as "Contractor" as PRINCIPAL,and as SURETY, are held and firmly bound unto the CITY OF DIAMOND BAR, CALIFORNIA hereinafter referred to as the "City", in the sum of DOLLARS ($ } lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves,jointly and'several firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH,that whereas, said Contract has been awarded and is about to enter into the annexed Contract with said City for construction of the work under City's specification entitled Traffic Siggal Installation, Brea Canyon Cutoff and SR 57 SB Ramps and is required by said City to give this bond in connection with the execution of said Contract; NOW, THEREFORE, if said Contractor in said Contract, or subcontractor, fails to pay for any materials, provisions, provender or other supplies, or for the use of implements or machinery, used in,upon,for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, said Surety will pay for the same in an amount not exceeding the sum specified above, and also incase suit is brought upon this bond, a reasonable attorney's fee, to be fined by the court. This bond shall immure to the benefit of any and all persons entitled to file claims under Section 1192.1 of the Code of Civil Procedure of the State of California. PROVIDED, that any alterations in the work to be done, or the material to be furnished, which may be made pursuant to the terms of said Contract, shall not in any way release either said Contractor or said Surety thereunder nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety. IN WITNESS WHEREOF, we have hereunto set our hands and seals this day of )2011. PRINCIPAL SURETY BY: (SEAL) (SEAL) i i 21 DID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE FREEWAY ELECTRIC, INC. as Principal, and BERKLEY REGIONAL INSURANCE COMPANY as Surety, are held and firmly bound unto the Cityof Diamond Bar in the sum to ten percent (10%) of the total amount of the bid of the Principal above named, to be paid to the said City or its certain attorney, its successors and assigns; for which payment will and truly to be made, we bind ourselves, oux heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents. In no case shall the liability of the surety hereunder exceed the sum of TEN PERCENT OF AMOUNT BID 10% THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal has submitted the above mentioned bid to the City of Diamond. Bar for certain construction specifically described as follows, for which bids are to be opened at Diamond Bar City Hall on February 7, 2011, for the Traffic Sinal Installation, Brea Canyon Cutoff and SR.57 SB Ramps. NOW, THEREFORE, if the aforesaid Principal is awarded the Contract, and within the,time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files the two bonds with the City of Diamond Bar, one to guarantee faithful performance and other to guarantee payments for labor and materials, as required by law, then this obligation shall be null and void; otherwise it shall remain in full force and effect. In the event suit is brought upon.this bond by the obligee and judgment is recovered, the Surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fees to be fixed by the Court. IN WITNESS WHEREOF, we have hereunto set our hands and seals on this 28TH day of JANUARY , 2011. . FREEWAY ELECTRIC, INC. (SEAL) PRY46WAL SIGNATURE AND TITLE BERKLEY REGIONAL INSURANCE COMPANY (SEA.L) SURETY SIGNATU ND TITLE PHILIP VEGA, ATTORNEY-in-FACT NOTE: Signatures of those executing for the Surety must be properly acknowledged. 22 No.7916a POWER OF ATTORNEY BERKLEY REGIONAL INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY REGIONAL INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State'of Delaware having its principal office in Urbandale, Iowa, has made, constituted and appointed, and does by these presents make, constitute and appoint: Philip Vega, Frank Morones or Jadon H. Smith of C& D Bonding & Insurance Services,Inc. of Covina, CA its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 Dollars ($50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following - resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on August 21,2000: "RESOLVED, that the proper officers of the Company are hereby authorized to execute powers of attorney authorizing and _ qualifying the attomey-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations - on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and further c_ RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and = further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any c� power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued." IN WITNESS WHEREOF, the Company has caused these presents to be signed and attested by its appropriate officers and its ;. corporate seal hereunto affixed thisday of 'Y�- 2010, Attest: - Berkley nal Insurance Company =r(Seal) By BY - ` Ira S.Lederman Robert P. Cole Senior Vice President&Secretary Senior Vice President WARMING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. r_ STATE OF CONNECTICUT) ss: COUNTY OF FAIRFIELD ) Sworn to before me,a Notary Public in the State of Connecticut,this day of °^ ��i ,2010,by Robert P. Cole and Ira -S. Lederman who are sworn to me to be the Senior Vice President, and the Senior Vice President and Secretary, respectively, of =Berkley Regional Insurance Company. ry `al'(' Jlllii5-}}'' Notary Public, State,of Connecticut - �� Gi,•�-Nrti-t��.-ea...�r-.� ,_o..n.�.-�J.-J✓i-�� 1n _..3 cT 2 I �-. CERTIFICATE the undersigned, Assistant Secretary of BERKLEY REGIONAL INSURANCE COMPANY, DO HEREBY CERTIFY that the ,i foregoing is a true, correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revolted _or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this 'i Power of Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company, this 28 day of January 2011_ (Seal) C - Steven Coward i CALIFORNIA ALL-PURPOSE- CERTIFICATE LL-P ®SECERTIFICATE OF ACKNOWLEDGMENT State of California County of Riverside On �� —L {� beforeme, Elizabeth H.M. McRae, Notary Public --' (Here insert name and title of the officer) personally appeared Brian Mendoza who proved to me on the basis of satisfactory evidence to be the person(s) whose name(;) isubscribed to the within instrument and acknowledged to me that he/she/tkli<.y executed the same in his&w/thair authorized capacity(id*and that by his r/ ir,signature(s)on the instrument the person(s� or the entity upon behalf of which theperson(g)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI ihand and official seal. / f \ � ELIZABETNH�M. M RC AE Signature of Notary Public (Notary Seal) v! A® NO ARCommM.# 910816 IA Vf a Rimsw COUNTY My Comm.EXP.OCT.29,2014 6 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California.In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certifying the authorized capacity of the signer).Please check the (Title or description ofattached document continued) document carefullyforpropernotarial wording and attach thisformifrequired. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print th-_name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. ❑ Individual(s) he/she/#hey;-is/ere)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer a The notary seal impression most be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. El Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer,If the claimed capacity is a •• corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document I 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com i i CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On 01 /28/2011 before me, Monica Blaisdell, Notary Dale Here Insert Name and Title of the Officer personally appeared Philop\/Pga Name(s)ar54gnerwj who proved to me on the basis of satisfactory evidence to be the person(o whose name(A) is/Ari subscribed to the within instrument and acknowledged to me that he/ /executed the same in his/k9,r/J f(authorized MONICA BLAISDELL capachy(kxX and that by his,�kW) llg�ignature(*on the 'q Commission n 1794076 instrument the person( ), or the entity upon behalf of ,; Notary Public -California 2 which the person(%) acted, executed the instrument. z o. orange County MyCamm,Eup�esMor26,20t2 I certify under PENALTY OF PERJURY under the laws F' of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. \_M � Placa Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the Information below Is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to anolher document Description of Attached Document Title or Type of Document: Document.Date: Number of Pages: Signers)Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: 0 'Individual 0 individual ❑ Corporate Officer--Title(s): 0 Corporate Officer—Title(s): ❑ Partner—0 Limited 0 General ❑Partner—❑Limited ❑General ❑ Attorney in Fact - ❑Attorney in Fact • 0 Trustee Top of thumb here O Trustee Top of thump here ❑ Guardian or Conservator ❑Guardian or Conservator 11 Other: ❑Other: Signer Is Representing; Signer Is Representing: 02007 National Notary Association 9350DoSolo Ave..P.O.Box 2402•Chafsmtth,CA91313-2402•VAMNationalNotaryorg Item85907 Reorder;Call Tail•Free1-=-676.6627 CERTIFICATION OF NON-DISCRIMINATION AND AFFIRMATIVE ACTION As suppliers of goods or services to the City of Diamond Bar, the firm listed below certifies that it does not discriminate in its employment with regards to race,religion, sex, or national origin; that it is in compliance with all federal, state, and local directives and executive orders regarding non-discrimination in employment; and that it will.pursue an affirmative course of action as required by the affirmative action guidelines. We agree specifically: I. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels. 2. To communicate this policy to all persons concerned including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large. 3. To take affirmative steps to hire minority employees within the company. FIRM Freeway Electric Inc: TITLE OF OFFICER SIGNING Brian Mendoza_, Pres ddPnt7/CFF ` SIGNATURE DATE 02/07/2011 Please include any additional information available regarding equal opportunity employment programs now in effect within your company: I i 23 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder Freeway Electric Inc. proposed subcontractor hereby certifies that he has x , has not , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has x , has not ; filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. Freeway Electric Inc. (COMPANY) BY: Brian Mendoza President/CFO (TITLE) DATE: 02/07 ,2011. NOTE-.The above certification is required by the Equal Employment opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U.S. Department of Labor. i 24 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS Joe CONTR.ACa'S OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY, CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder proposed.subcontractor CC hereby certifies that he has X , has not participated in a previous contrct or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has 5< , has not , filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filing requirements. (COMPANY) BY:. (T1TLE) DATE: 72011. NOTE:The above certification is required by the Equal Employment opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000-or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive.Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director,Office of Federal Contract Compliance,U.S. Department of Labor. 24 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder proposed subcontractor hereby certifies that he has , has not , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114,or 11246, and that he hashas not , filed with the Joint Reporting Committee,the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity,all reports due under the applicable filing requirements. (COMPANY) IBY:E. ��e -y(:1! ` .' Cs�vc�c ov' j (TITLE) DATE: 12011. NOTE:The above certification is required by the Equal Employment opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000*or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor. I i 24 CERTIFICATION WITH REGARD TO THE PERFORMANCE OF PREVIOUS CONTRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL OPPORTUNITY CLAUSE AND THE FILING OF REQUIRED REPORTS The bidder proposed subcontractor hereby.certifies that he has , has not , participated in a previous contract or subcontract subject to the Equal Opportunity Clause, as required by Executive Orders 10925, 11114, or 11246, and that he has , has not filed withthe Joint Reporting Committee, the Director of the Office of Federal Contract Compliance,a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filing requirements. i (COMPANY) BY: (TITLE) DATE: ,2011. NOTE:The above certification is required by the Equal Employment opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7 (b) (1), and must be submitted by bidders and proposed. subcontractors only in connection with contracts and subcontracts which are subject to the Equal Opportunity Clause. Contracts and subcontracts which are exempt from the Equal Opportunity Clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of$10,000 or under are exempt). Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations. Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7 (b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period of such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance,U.S. i Department of Labor. i i 24 NON-COLLUSION AFFIDAVIT TO: THE CITY OF DIAMOND BAR: STATE OF CALIFORNIA ) s5 COUNTY OF Riverside ) Brian Mendoza being first duly sworn, deposes and says that he or she is president/CFO of Freeway Electric Inc the parry making the foregoing bid, that the bid is not made in the interest of or on behalf of, any undisclosed person, partnership,company association, organization, or corporation;that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited and other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed.with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contact of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof,or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization,bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Freew Electric Inc. &' Brian Mendoza Signature of BidderPre s ident/CFO STATE OF CALIFORNIA ) Riverside ) SS COUNTY OF Subscribed and sworn to before me this 7th day of February 2011. Notary Public in and for the County of Riverside State of California i 25 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of Riverside On ©�/ before me, Elizabeth H.M. McRae, Notary Public (Here insert name and title of the officer) personally appeared Brian Mendoza who proved to me on the basis of satisfactory evidence to be the person(x) whose name(k) iskan�subscribed to the within instrument and acknowledged to me that he/ahe/tkoy.executed the same in his&rr/f it authorized capacity(ic*and that by his r/> lw signature(s)on the instrument the person(s� or the entity upon behalf of — which the person(!]acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNE and and official seal. ELIZABETH H M. MCRAE Comm.# 1910816 'p- (Notary Seal) V1 NOTARY PU8LIC-CALIFORNIA �+ Signature Notary Public RIVERSIDE COUNTY MY Comm,ExP.Ocr,29,2014 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS.FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly"completed and attached to that docvment. The only exception is if a document is to be recorded outside of California.In such instances,mry alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certifying the authorized capacity of the signer).Please check the (Title or description of attached document continued) document carefullyfor proper notarial wording and attach this form)required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s)of document signer(s)who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. 11 Individual(S� helshe/tiW, is tare)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. El Partner(s) • Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title or type of attached document,number of pages and date. Indicate the capacity claimed by the signer.If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07 800-873-9865 www.NotaryC]asses.com Do DEPARTMENT OF PUBLIC WORKS CITY OF DIAMOND BAR CALIFORNIA OFFICIAL NOTICE TRAFFIC SIGNAL INSTALLATION PROJECT AT BREA CANYON CUTOFF, AND SR 57 SB RAMPS FY 2010-2011 PROJECT NO. 14699 ADDENDUM NO. 1 Notice to all Bidders that the following information is furnished to clarify the intent of the project plans and specifications and shall become part of the Contract Documents. The contractors bid shall reflect inclusion of this addendum.. Failure to include this Addendum in the Contractor's bid proposal will void the bid. The Contractor shall sign this page as acknowledgement of receipt of Addendum No. 1 and attach it to the bid. avid . Liu,P.E. Date City Engineer Free Electric Inc. t Brian Mendoza, President/CFO : Con t s Authorized Signature 1 _ CITY OF DIAMOND BAR ADDENDUM NO. 1 The Contractor shall incorporate the following items into the plans and specifications for the project. . Item 1: Plan Sheet 1,note 7-In the first sentence,delete"Install state furnished." Insert"The contractor shall purchase from Caltrans and install." Item 2: Technical Provisions, Section 1.21 of the specifications - Clarification regarding payment for equipment purchased from Caltrans. The contractor will be required to obtain a rider to the Caltrans encroachment permit(No. 709-NSN-057-R1:97). In addition to the normal permit fees, the contractor will be required to pay for the equipment that is to be purchased from Caltrans per Note-7 on the Plan(Total estimated equipment and permit fees to be approximately$16,000.00). The City will reimburse the contractor via change order for actual charges paid to Caltrans for the equipment (including markup on the equipment only) and permit fees at the time rider is issued. The reimbursement will not include payment for the contractor's expenditures necessary to comply with any other items that Caltrans may require as a condition of the permit approval such as traffic control, water quality, erosion control, etc. which shall be included in the prices bid for the various items of work. The contractor bid price shall not include permit fees and cost of equipment to be purchased from Caltrans. .However, since the actual cost of the equipment and permit fees (estimated at $16,000) is to be reimbursed in arrears, the Contractor must have sufficient cash flow.to make this payment to Caltrans once the bid has been awarded. CERTIFICATE OF CORPORATE RESOLUTION I, Elizabeth H. Mendoza McRae , Secretary of Freeway Electric Inc ....... _ (Corporation) do hereby certify that at a duly constituted meeting of the Stockholders and Directors of the Corporation held at the office of the Corporation on July 1, 2 0.10 (year), it was upon motion duly made and seconded, that it be VOTED: Brian Mendoza, President/CFO . . . . . OR. . . . Elizabeth H. Mendoza de McRae, Vice President/Secretary Authorized to sign & execute contracts and submit bids with either one of the corporate officer' s signatures . It was upon further motion made and seconded that it be further VOTED: That Brian H. Mendoza, President/CFO ... ..OR.. ..Elizabeth H. Mendoza de McRae, Vice President/secretary in the capacity as of the Corporation is empowered, authorized and directed to execute, deliver and accept any and all documents and undertake all acts reasonably required or incidental to accomplish the foregoing vote, all on such terms and conditions as he in his discretion deems to be in the best interests of the Corporation. I further certify that the foregoing votes are in full force this date without rescission, modification or amendment. Signed this day of i i'1.f.4/J (year). A TRUE.RECORD ATTEST Elizabeth H. Mendoza de McRae cretary/Clerk Vice President/Secretary (Corporate Seal) i 53 i Agenda # 6. 6 (b) Meeting Date:February 15, 2011 CIT CITY COUNCIL AGENDA REPORT �orrron�� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man 4f TITLE: APPROVE A CONTRACT AME DMENT WITH WARREN C. SIECKE FOR SUPPLEMENTAL DESIGN SERVICES AND CONSTRUCTION MANAGEMENT IN THE AMOUNT OF $13,325 FOR THE TRAFFIC ' SIGNAL INSTALLATION AT BREA CANYON CUTOFF ROAD AND THE SOUTHBOUND STATE ROUTE 57 FREEWAY RAMP RECOMMENDATION: Approve. This agenda item approval is contingent upon adoption of the Fiscal Year 2010/2011 Mid Year Budget. FINANCIAL IMPACT: Upon approval of the Fiscal Year 2010/2011 Mid Year Budget Adjustment, a General Fund amount of $250,000 will be appropriated for the traffic signal installation at Brea Canyon Cutoff Road and the Southbound State Route 57 Freeway Ramp. These funds are developer fees that were collected as traffic mitigations from prior development projects in the area. The total project cost of$204,840 is detailed below. Design Construction Construction Construction Caltrans SCE Total Contingency Management Permit Fees $3,325* $155,015 $15,500 $10,000 $16,000 $5,000 $204,840 *Amount does not include original design costs that were previously paid to Warren C.Siecke under separate contract in the amount of$6,175. BACKGROUND/DISCUSSION: Construction management services including contract administration and inspection will be necessary during the traffic signal installation project. Warren C. Siecke is experienced with traffic signal standards and Caltrans standard requirements and they have a history of successfully providing construction administration and inspection ctlon services for traffic signal improvements throughout the City. The estimated fee of $10,000, as proposed in the attached proposal, represents approximately 6.5% of the construction cost. In addition, supplemental design services in the amount of $3,325 were necessary to modify the design in compliance with recent permit requirements of the California State Department of Transportation (Caltrans). The original design was performed in a prior fiscal year by Warren Siecke, but Caltrans permit conditions necessitated several changes to the design plans. Services will be paid for on an hourly basis with a not to exceed amount as specified in the attached contract. The project schedule is tentatively set as follows: Award of Contract February 2011 Start Construction March 2011 Construction Complete July 2011 PREPARED BY: Rick Yee, Senior Civil Engineer Date Prepared: February 10, 2011 REVIEWED BY: i D G. L u, Director of Public Works Attachment: Amendment to Consultant Services Agreement I j 2 i i RECEIVED ' TRANSPORTATION AND TRAFFIC ENGINEERING {.. : : :,OND BAR January 24, 2011 Mr. Christian Malpica Department of Public Works City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 91765-4177 SUBJECT: Construction Oversight Traffic Signal Construction Brea Canyon Cutoff& SR 57 Ramps am pleased to respond to ,your Verbal request with this proposal to provide construction oversight services for the subject project. Based on our contact with the Caltrans area inspector, we. understand he will provide the actual construction inspection., _Therefore, our role. will be limited to oversight and response to issues or questions that may arise during construction. We will also interface with the contractor on administrative issues as necessary to assist in.the City's relations with him. Mr. John Huie will.provide.the service. Mr. Huie is thoroughly familiar with traffic signal construction based on, his thirty-five years experience in the field. He has gained knowledge of city procedures and preferences through his inspection of the several signal projects in the City. Our fee will be computed on a time and. material basis using the category two rates in our current traffic engineering services.agreement. The estimated fee is $10,000.00. We will not exceed that amount without your prior approval. However; we reserve the right to request.additional compensation if the contractor proves to be extremely difficult to work with or unexpected construction problems are encountered. If you need additional information, please.call me. .Sincerely, Warren C. Siecke, P. E. proposals/cm prop Brea cyn cutoff&SR 57 SB Ramp 20142CA6�YON DR:,YOE�BA LINDA, CA 928$6-6058 p 714/970-6247 FAX 714/779-1644 h Exhibit "A" AMENDMENT NO. 4 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 4 is made and entered into this 15th day of February 2011, between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Warren Siecke Transportation & Traffic Engineering (hereinafter referred to as "CONSULTANT"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide On-Call Traffic Engineering Services, which the Agreement was dated October 23, 2006. (ii.) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide engineering services for the design of traffic signal interconnect at various locations. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated January 24, 2011, for construction administration and inspection services. Section 2: Section 3 of the Agreement is hereby amended to read as follows: Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Section 3: Each party to this Amendment No. 4 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 4 shall be valid and binding. Any modification of this Amendment No. 4 shall be effective only if it is in writing signed by the parties. Total payment to Consultant pursuant to this Agreement shall not exceed ($13,325.00) dollars." IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 as of the day and year first set forth above: APPROVED AS TO FORM: CONSULTANT: WARREN C. SIECKE By: City Attorney Warren C. Siecke, P.E. ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk Steve Tye, Mayor DATE: 2 k Agenda #7 Meeting Date: February 15, 2011 CI I CITY COUNCIL AGENDA REPORT f�C>72Pf)It��'r'9 TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City.Man g TITLE: Diamond Star Office Condo Projec No. PL2010-163 PROPERTY OWNER: Country Hills Holdings, LLC., 8115 Preston Road, Suite 400, Dallas,.TX 75225 APPLICANT: THL Investments, LLC, 17528 Rowland, City of Industry, CA 91748 PROJECT LOCATION: 2705 S. Diamond Bar Blvd. (Los Angeles County Assessor's Parcel Numbers 8285-020-096 and 097). SUMMARY: The applicant is proposing to build a new three story professional office building on.a vacant pad at the north end of Diamond Hills Plaza, a 17.2-acre existing shopping center located at Diamond Bar Blvd. between Cold Spring Lane and Fountain Springs Road. The Planning Commission recommended approval of the following entitlements for.review and approval by the City Council: 1: Development Review to construct a 36,142 square-foot, new three story professional office building on a'41,110 square-foot (0.94 acre); 2. 'Tentative Tract. Map No. 71.396 to ,subdivide . air space for a 30-unit office condominium; 3. Variance to increase the building height from 35 feet to 39.feet; 4. Parking Permit to share driveway, access and parking between the proposed development and Diamond Hills Plaza (the existing shopping center); and 5. Comprehensive Sign Program for the signage on.the building- RECOMMENDATION- Approve uilding.RECOMMENDATION:Approve the project, subject to conditions. • • ' - • e • - • •• e • e -• e • 0. C• - . • e- - • • • • • • • • i '.1 �t J '. �ti' .Ip �! f 1� General Plan DesiNunation:; . Zonhng Distr�cft +•k J .b..r`•. rn i.�-i�. '1�y�7�.a.1.n. ....tr__:4 s, Jt... 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' sa� ]: ,�x#U f Q' _:�4 r�r.� c_i-ri} -r.:=,�7�r'.� !'' r�t�- ��t.:�;�� —' c �'�•,�;-)r�' �� .1-k� 3 °,S'� r �;� ': :': l'�� ..�.{ - �..wk raz ✓ F •� s f` ,, Y� �� ',c'-"...'sa.�' ��`�' ,�i'+r4_'#+�•� "a' 4� �:� f) ire .3 � �°,�`' 3. -�� ^5'ir s"'! � + !�•rl i r �T '�i+"' tS.'J'`�•-.r �'e ,'"��^^ �,�, Nor ,sa.., �r ,.f3:t,�xe'b�W��ef: �`.;��a!�'Fart�.a;.�i•.1;`s s�a4i�k�'_'�.r n4i..;,•��^�;!`� �'..r�R,.h¢�:d' ;a�.;..�..J� '.a.:.`. '�r.�',�i,�6s.,�'.� �:•...'`l ,vec.„_' v s . s, +' ry N View From Fountain Springs Road View From Within the Shopping Center Previous.Entitlements ,In 2008, the first phase of a major renovation was completed at Diamond Hills Plaza. The planned build-out of the renovation included an exterior facade remodel for the former theatre building and removal of two buildings at the southerly end of the center (a freestanding daycare center and a multi-tenant shop building) to facilitate the construction of,a three story medical office building. A two story retail/office building was also. approved on the vacant pad at the north end of the shopping center where the current three story office building is being proposed. Among the original entitlements, a variance to increase the building heights of both existing and proposed buildings was approved: - In 2009, the three story medical office and two.story retail/office building projects were terminated, and the Planning Commission approved plans to renovate the existing two buildings instead. In addition, the Planning Commission approved the demolition of the theatre building and the construction of anew inline shop building in its place. Project Description As stated, the two story retail/office building planned for the north end of the center was cancelled. In its place, the applicant proposes to build a three story.professional office building. The proposed building will have 30 units, to be sold as office condominiums governed by an association: The unit sizes range from 375 to 2,407 square feet and. the>building will have two public restrooms on ,each floor. The parcel on which the building is proposed will have 47 parking spaces on-site to share with the existing shopping center. A comparison of the previously approved two story office/retail,building and the three.. story office building currently being proposed is.listed.on the following page.. PL No. 2010-163 Page 3 0 0 0 0 0 0 0 00 6,838 sq. ft. (Restaurant'on 15tfloor) 12,311 sq. ft. (Offices on lntlfloor) Size 5.570 sq. ft. (Office on 2nd floor) 12,256 sq. ft. (Offices on 2. floor) 12,408 sq. ft. 11,575 sq. ft. (Offices on 3`d floor) 36,142 sq. ft. Building Height Varied 36-40 feet . feet plus 4.5 feet tower (rooftop . e ui ment enclosure Setback from 15 feet 10 feet Fountain Springs Building 70.5' X 128' 90' X 139' Footprint The proposed building has been designed to be complementary to the existing buildings within the shopping center and its massing has been skillfully designed to fit the site and its surroundings. The proposed building will be buffered from Fountain Springs Road by several existing, tall Pine trees along the street, and is well accented on all sides of the building. The third floor has been stepped back an additional five feet, six inches to reduce the building mass as viewed from Fountain Springs Road. Planning Commission Public Hearing On January 11, 2011, the Planning Commission reviewed and unanimously recommended that the City Council approve the various land use entitlements for a new three story professional office condominium. There were no issues or objections raised from the public. ANALYSIS: Review Authority (Diamond Bar Municipal Code Sections 22.48, 21.20.080, 22.54, 22.30.050, and 22.36.060) The proposed project requires five entitlement applications for review. The Tentative Tract Map requires City Council approval, and the Development Review, Variance, Parking Permit and Comprehensive Sign Program required Planning Commission approval. Section 22.48.030 of the Development Code requires all applications to be processed simultaneously by the highest review authority. Therefore, the Planning Commission forwarded a recommendation to the City Council for all five entitlements described below. 1. Development Review: The purpose of Development Review is to establish consistency with the General Plan Ithrough the promotion of high aesthetic and functional standards to complement and,add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields a pleasant living environment, and 'attracts the, interest of residents and visitors as the result of consistent exemplary design. PL No. 2010-163Page.4 ® Architectural. Features, Colors, and Material: The City's Design Guidelines have been established to encourage a better compatible building and site design that'improves the visual quality of the surrounding area through aesthetically pleasing site planning, building design,and architecture. 'Additionally, a primary objective is to promote compatibility with adjacent uses to minimize any potential negative impacts: The architectural style is the same contemporary style as the existing buildings in the shopping center. The proposed building_incorporates the following details to match the existing renovated buildings within the shopping center: ® Towers and parapets; ® Sand finish stucco walls painted in similar colors; m Stone veneer at the bottom base of the building; Architectural details such as cornice and window moldings; ® Exterior wall sconce lighting; and Recessed decorative metal grills. Landscaping: A landscape plan was submitted with the application. The landscape will be enhanced by adding trees, 'shrubs, and vines around the perimeter of,the building. There will, be four 24-inch box Crape Myrtle trees. planted in front of the building, in addition to shrubs. The retaining wall at the rear of the. building will be screened with shrubs and creeping fig vines. Plant types proposed are non-invasive plant species-. All landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy issuance. 2 ,. Tentative. Tract Map: Pursuant.to Section 6.6,424 of the Subdivision Map Act, a Tentative Tract Map is requiredfor the creation of a condominium or other common interest development simultaneously with the construction of a new structure. There are 30 units proposed within the. new three story office building, to be sold as condominiums and governed by an association. The unit sizes range from 375 to 21407 square feet. The two public restrooms on each floor will be part of the, building's common areas. The property will have 47 parking spaces on-site to share with the existing.shopping center. A copy of the draft Covenants, Conditions, and Restrictions:(CC&Rs) that will govern the 30.units within the: building is included as Attachment 7,;and shall be reviewed;and approved by the .City Attorney prior to the issuance of building permits. 3. Variance: Variances allow for adjustment from the development standards and may only.be granted when, because, of special circumstances applicable to the property; including location, shape, size, surroundings, topography, or other conditions, the strict application of the development code denies the property owner, privileges enjoyed by 'other property owners in the vicinity and under identical zoning.districts'. or creates an unnecessary, and non-self-created, hardship or unreasonable` . PL No. 2010-163 Page 5; regulation which. makes it obviously impractical to require, compliance with the development standards. A Variance is requested to increase the building height from 35 feet to 39 feet. The additional four-foot, six-inch rooftop equipment enclosure is an allowed exception to the maximum building height pursuant to Section 22.16.060(2)a. The site, is unique because it is part of an existing shopping center that is constrained by a grade difference from the street. The existing pad is currently five feet below Fountain Springs Road. The existing two story commercial building on the corner of,Fountain Springs Road and Diamond Bar Boulevard is on a higher pad than the proposed office building pad. Also, the roof line of the existing adjacent building is nearly at the same level of the proposed three story building. Therefore, these constraints contribute to the poor visibility of the existing buildings in the shopping center, including the proposed building. No other existing shopping centers in the City have this visibility problem. Furthermore, the existing buildings within the shopping center have various towers that range from 40 to 50 feet. Due to the grade constraints that exist and that no other shopping center experiences, the strict application of the development code denies the applicant of the same privileges enjoyed by property owners of other shopping centers. Therefore staff recommends that the City Council grant the variance to the building height. 4. Parking Permit: Pursuant to Section 22.30.050 of the Development Code, where two commercial uses are developed as a recognized shopping center and those uses have distinct and differing peak parking usage periods, a reduction in the required number of parking spaces may be allowed through. the approval of a parking permit, provided that the most remote space is located within 300 feet of the use it is intended to serve (as measured along the most direct pedestrian path). The amount of reduction may be up to the amount of spaces required for the least intensive of the two or more uses sharing the parking. Shopping centers over 50,000 square feet in size are required to provide 1 parking space for every 300 square feet of gross floor area. Diamond Hills Plaza and .the AAA office building (under separate ownership) have a shared parking agreement.. The existing gross floor area of the shopping center excluding the AAA office building is 158,922 .square feet, and therefore, requires 530 parking spaces. The AAA office building is 20,000 sq. ft. and therefore, requires 50 spaces. A recycling facility occupies 3 spaces, and.there are specialized education and training uses as well as foot massage services that require additional parking demand. The existing shopping center with the proposed new building will be required to provide 739 spaces. There will be 926 spaces, and will exceed the requirement by providing a surplus of 187 spaces. PL No. 2010-163 Page_6 Parking Requirement MEN= Shopping Center 124,975 1/300 417 Fast Food 7,467 1/100 sq. ft., plus 75 1/100 outdoor dining Sakura Foot Massage 11138 1/300 sq. ft. plus 1 per 8 employee Tae Kwon Do Martial 3,142 1 space per 150 sq. ft. 29 . Arts and 1 per employee. Music Academy 10,200 1 space per 300 sq.ft. 67 plus 1 per employee AAA Office 20,000 1/400 sq. ft. ' 50 Recycling Center N/A N/A 3 Proposed Office 36,134 1/400 sq. ft. 90 Building Total 203,056 739 926 When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services; retail, and specialized education and training uses. The different uses result in a range of peak business hours and parking demands. A supplemental traffic and parking assessment was prepared by Linscott, Law & Greenspan and is Jncluded as Attachment 8. This assessment states that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. Due to this; staff does not foresee any parking issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed office building. In addition, the. north end of the shopping' center is not heavily congested or utilized. A shared;parking analysis is summarized in the table below: Shared Parking.Demand Analysis Midday 1-2:00 PM 770 626 Evening.6:00 PM 750 620 Available Parkin 156-176 300-306 Also, based on the .supplemental traffic impact study, :the intersection capacity analysis, for the intersection of DiamondBar Boulevard at Fountain' Springs Road. indicates that the proposed project will note have a significant'traffic' impact ;and is forecast to operate at Level of Service (LOS) C and D during the AM peak hour and PM peak hour, respectively. There will be some redistribution of, rips` at the PL No. 2010-163 Page 7 Fountain Springs Road driveway due to the changes in the build out, of the center from what was originally planned, but there will be no significant impact to the intersection of Diamond Bar Boulevard and Fountain Springs Road as a result of the increased floor area at the north end of the center.' Similar ,to the previously approved project, this intersection is forecast to operate at LOS C and D during the AM peak hour and PM peak hours, respectively (Refer to the tablebelow for the peak hour intersection capacity analysis). Year 2016 Peak Hour Intersection Capacity Analysis Damon d Bar T�rne 2003 Traffic Year 2016+ Year,201'6 S�gnsf�cant ` @ Fountain Period' ` ` , Conditions Cumulative 'Cumulatide� t , L-T LOS ICU LOS ICU Traffic Impact of AM 0.639 B 0.771 C 0.786 C 0.015 No Previously PM 0.665 B 0.868 D 0.893 D 0.025 No Approved Project Traffic Impact of AM 0.639 B 0.771 C 0.788 C 0.017 No. Proposed Project PM 0.665 B 0.868 D 0.886 D 0.018 No *ICU: Intersection Capacity Utilization technique estimates the volume-to-capacity relationship for an intersection. **Significant impact is defined as a 0.02 or greater increase in ICU value of a signalized intersection where the final LOS is E or F. The proposed project would not cause any intersections or street segments in the vicinity to operate at an unacceptable level of service. All intersections and roadway segments will continue to maintain an acceptable level of service. Therefore no mitigation measures or improvements are required for the proposed project other than those previously identified in the previous project. However a condition is added to the project requiring the applicant to submit a reciprocal parkingagreementwith Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, prior to the issuance of t building permits (Recommended Condition of Approval #2 in Attachment 1: Draft Resolution): 5. Com rehensive Sign Program: Comprehensive Sign Programsare used to In the .signage. with the design of the development to achieve a . unified architectural statement. The program has specific requirements for signs proposed for the`development. The program limits signage to the first floor in front of the building, building' name and address. All signage is limited to a single. line of text, with a maximum of 18 inches in, height. The proposed signs are individual; channel letters, illuminated using L.E.D. lighting. All`sign lighting ,power,sources shall be located at the building interior' above the finished ceiling. Colors are limited to blue and red with black trimcap and returns. The proposed signage is appropriate with the building and is Page 8 PL No. 2010-163 complementary to the signage in the.shopping center, All other signage for.'all,units in the building will be inside the lobby. To provide pedestrians better awareness of other tenants and directions around the shopping center, a wayfinding study is incorporated into the signage program.' The proposal is to install four directional signs throughout the .shopping center (See Attachment 6). The new directional signs will make it easier for the public to access all areas of the shopping center including the proposed new building, and thus creating a more walkable and pedestrian-friendly shopping center: Compatibility with Neighborhood The shopping center has numerous different uses, including a grocery store, restaurants, a taekwondo studio, music school, professional offices; an 'AAA office building, and other retail and service us,es.1 As such, the operational characteristics of the proposed office `building are compatible, with the existing uses in: the shopping center. Historically, the north end of the shopping center has been, more desolate and less ,occupied with commercial activity thanthe `south side of the"shopping center. <Allowing a new use ,such as: an office building into the shopping center brings a .workforce population to.. create more synergy and activity in the center. The employees and patrons of the offices will be exposed to, and shop at, the stores and restaurants in the. center. This may also produce additional activity to support additional ;retail, and restaurant uses to fill the current vacancies in'the center: Single-family:homes surround the shopping center to the' north, east and west. The : : ,'existing Brea Canyon Channel separates'.the westerly residential area from :the shopping center. The,setback on the third floor acknowledges the lower scale,buildings in the area. .In'addition, there`are'six 30 to 45-foot high existing trees on the northerly edge of the property along Fountain Springs Road, which, help buffer.and .screen the 'proposed three-story building from Fountain Springs Road. A condition is.included in the attached Resolution to ensure that the existing trees are protected. in place during and after construction. The Planning Commission also added language that should it ever become necessary to remove any of these trees, the applicant shall replace them "with'``trees that will re-establish the. Visual buffer, and screening -of .the' threestory :._,.;building: Additional Review The Public Works/Engineering Department and Building and Safety Division reviewed this project and included., their comments in the attached resolution as conditions;:of approval. PL No. 2010-163 Page 9 NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700-foot radius of the project site on February 4, 2011, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on February 4, 2011. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality. Act (CEQA). A Mitigated Negative Declaration incorporating a two story retail/office building on the subject property was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be.less than significant from the previously approved project as a whole. There is a net reduction in intensity with the revisions to the previously approved project. . The elimination of the three story medical office building and replacement of the theatre building witha smaller inline shop building reduced the overall square footage in the shopping center, even though the proposed three story professional office building 'is larger than the previously approved two story retail/office building approved on this pad. Pursuant to the provisions of Article 11, Section. 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may,result from the development of the- proposed project. . Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have a less than significant effect on the,environment. The proposed change of this property from a two story retail/office building to a.three story, office building would not generate environmental impacts substantially different from those indicated in the Mitigated.Negative Declaration approved on December 6, 2005. Therefore no further environmental review is required: RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution (Attachment 1) to approve the Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program for Project No. PL2010-163, to allow a three..story professional office condominium building, based on the findings, subject to conditions of approval as listed within the draft resolution. Prepared by. Reviewed by: Grace S. Lee Greg Gubman, AICP Senior Planner Community Development Director PL No. 2010-163 Page 10 Reviewed by: David Doyle Assistant City Manager Attachments: 1. Draft Resolution.No. 2011-XX and Conditions of Approval 2. PC Staff Report and Minutes dated January 11, 2011 3. PC Resolution No. 2011-03 4. Architectural and Landscape.Plans, Elevations 5. Tentative Tract Map No. 71396 6. Building Signage Program and Pedestrian Wayfinding Signage 7. Supplemental Traffic and Parking Assessment 8. Index Map of Photographs 9. Previously Approved Site Plan, Floor Pian and Elevations 1.0. initial Study/Environmental Checklist L No. 2010-163 Page 11, i Attachment 1 CITY COUNCIL RESOLUTION NO. 2011-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING PROJECT NO. PL 2010-163 CONSISTING OF DEVELOPMENT REVIEW, TENTATIVE TRACT MAP, VARIANCE, PARKING PERMIT, AND COMPREHENSIVE SIGN PROGRAM. A DEVELOPMENT REVIEW REQUEST TO CONSTRUCT A NEW 36,142 SQUARE-FOOT THREE STORY PROFESSIONAL OFFICE CONDOMINIUM BUILDING; A TENTATIVE TRACT MAP NO. 71396 TO SUBDIVIDE AIR SPACE FOR A 30-UNIT OFFICE CONDOMINIUM; A VARIANCE TO INCREASE THE BUILDING HEIGHT FROM 35 FEET TO 39 FEET; A PARKING PERMIT TO SHARE ACCESS AND PARKING WITH DIAMOND HILLS PLAZA; AND A COMPREHENSIVE SIGN PROGRAM FOR NEW SIGNAGE ON THE BUILDING LOCATED AT 2705 S. DIAMOND BAR BOULEVARD (ASSESSOR'S PARCEL NOS. 8285-020-096 AND 097). A. RECITALS 1 Property owner, Country Hills Holdings, LLC, and applicant, THL Investments; LLC, have filed an application for Project No. PL 2010-163 to construct a 36,142 square-foot, new threestory professional office condominium building located at 2705 'S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California ("Project Site"). 2. The following approvals are requested from the City Council: (a) Development Review to construct a 36,142 square-foot, new three story professional office building; (b) Tentative Tract Map to subdivide air space for a 30-unit office condominium; (c) Variance to increase the building height from 35 to 39 feet; (d) Parking Permit to share access and parking with Diamond Hills Plaza; and (e) Comprehensive Sign Program for new signage on the building. Hereinafter in this Resolution, the,subject Development Review, Tentative Tract Map, Variance,`Parking Permit, and Comprehensive Sign Program shall be referred to as the "Proposed Project. 3, The subject property is comprised of two parcels totaling 0.94 acres. It is located in the Community Commercial (C-2) zone,and is consistent with the General Commercial land use designation of the General Plan. - 4. The legal description of the subject property is Parcel Map 18722 Lot 11. The Assessor's Parcel Numbers are 8285-020-096 and 097. 5. On December 31, 2010, notification of the Planning Commission public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 700-foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 6. On January 11, 2011, the Planning Commission of the. City of Diamond Bar conducted a duly noticed public hearing, solicited.testimony from all interested individuals, and concluded said hearing on that date. At that time, the Planning Commission recommended that the City Council approve the Proposed Project, subject to conditions. 7. On February 4, 2011, notification of the City Council public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 700-foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 8. On February 15, 2011, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1 The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct, 2. The City Council hereby determines the Project to have less than significant effect on the environment. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). A Mitigated, Negative Declaration incorporating a two story retail/office building on the subject property was approved on December 6, '2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from: the previously approved project as` a whole.' There is a net reduction in intensity with the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall 2 City Council Resolution No.2011-XX square footage in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad. Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the .potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have a less than significant effect on the environment.` The proposed change of this property from a two story retail/office building to a three story office building would not generate environmental impacts substantially different from those indicated. in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. 3. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set.forth below, and changes and alterations which have been incorporated into and , conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 22.48, _21.20.080, 22.54, 22.30.050, and 22.36.060 the City Council hereby finds as follows: Development Review Findings (DBMC Section 22.48) 1. The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g.; theme areas, specific plans, community plans, boulevards or planned developments); The proposed new three story office 'building is consistent with the ., applicable elements of the-City's General Plan, City Design ,Guidelines and development standards by`meeting all of the required setbacks, except the building height. The proposed building has been designed to be complementary to the existing renovated buildings within the shopping center and its massing has been skillful) designed to fit the site.and its . . : . g Y g surroundings. 'The third floor has been stepped back an additional five feet, six inches to. reduce the;building mass. as viewed from Fountain Springs Road. The project site is not-a part of any theme areas; specific 3 City Council Resolution No.2011 AX plans, community plans, boulevards or planned developments. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; The proposed new three story office building will not interfere with the use use of the project site is designated for commercial uses and is within the or enjoyment of neighboring existing or future developments be p 1 9' within an existing shopping center. In addition, the third f%or has been stepped back an additional five feet, six inches to reduce the building mass as viewed from Fountain Springs Road. The proposed new office building will not interfere with vehicular or pedestrian movements, such as access or other functional requirements. A supplemental traffic study concluded that the proposed project would not cause any intersections or street segments in the vicinity to operate at an unacceptable level of service. All intersections and roadway segments will continue to maintain an acceptable level of service. In addition, a condition . is added to the project requiring the applicant to submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, prior to the issuance of building permits: 3. The architecturaldesign of the proposed development is. compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or any applicable specific plan; The new office building is designed to be compatible with the character of the neighborhood, and incorporated architectural details and colors to match the existing renovated buildings within the shopping center. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its. neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically.appealing; The design of the new office. building is a contemporary style of architecture to match the existing renovated buildings within the shopping center. Variation in the building elements has been achieved through the utilization of varying architectural features suchas towers and balconies, building colors and materials, and landscaping.. The project has a balance, involving well-proportioned masses and features. 5. The 'proposed development will not be detrimental to the public health; safety or welfareor materially .i nju ribus (e.g., negative effect on property values or resale(s) of property) to the properties or improvements' in the 4 City Council Resolution No.2011_XX vicinity; and Before the issuance of any City permits, the proposed Project is required to comply, with all conditions within the approved resolution, and the Building and Safety Division andPublic Works Departments, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project will have less than significant effect on the environment. A Mitigated Negative Declaration incorporating a two-story retail/office building on the subject property was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole,_ would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction. in intensity With the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre`building with a smaller inline.shop building reduced the overall square footage in the shopping center, even though the proposed three 'story professional office building is larger than the previously approved two story retailloffice building approved on this pad. Pursuant to the provisions of Article 91, Section 15964, an-Initial StudylEnvironmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have. a less than significant effect on the environment. The proposed change of this property from a two-story retail/office building to a three-story office building`would not generate environmental impacts substantially.different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. Variance Findings QBMC Section 22.54) 1: There are special circumstances applicable.to the property (e.g., location; shape, size; surroundings, topography, or other conditions), so that the strict application of this development code denies the property,, owner privileges enjoyed by other property' owners in the vicinity and -under identical zoning districts or creates an unnecessary, and non-self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with. the development standards; 5 City Council Resolution No.2011-XX ' The subject site has a grade constraint where the existing pad is five-foot below the street. The existing two story office building on the comer of Fountain Springs Road.and Diamond Bar Boulevard is on a higher pad than the proposed office . building pad. Therefore, these constraints contribute to the poor visibility of the existing buildings in the shopping center, including the proposed office building. No other existing shopping centers in the City have this visibility,problem. Furthermore, the existing buildings within the shopping center have various towers that range from 40 to 50 feet. Due to the grade constraints that exist and that no other shopping center. experiences, the strict application of the development code denies the applicant .of the same privileges enjoyed by property owners of other shopping centers. 2. Granting the variance is necessary for the preservation and enjoyment.of substantial property rights possessed by other. property owners in the same vicinity and zoning district and denied to the property owner for which the variance is sought; A variance is requested to increase the building height from 35 feet to 39 feet. The site is unique because it is part of an existing shopping center that is constrained by a grade difference .from the street. The existing pad is currently five-foot below Fountain Springs Road. The existing two story office building on the corner of Fountain Springs Road and Diamond Bar Boulevard is on a higher pad than the proposed office building pad. Also, the roof line of the existing adjacent building is nearly at the same level of the proposed three story building. Therefore, these constraints contribute to the poor visibility of the existing buildings in:the shopping center, including the proposed building. No other existing shopping centers in the City have this visibility problem.,Furthermore, the existing buildings within the shopping center have various towers that range from 40 to.50 feet. Due to the grade constraints that exist and that no other shopping center experiences, the strict application of the development code denies the applicant of the same privileges enjoyed by property owners of other shopping centers. 3. Granting the variance is consistent with the general plan and any applicable specific plan; The Variance is consistent with the general plan as it will allow for the development of an office building that is in scale with the, surrounding buildings. The site is not located,within a specific plan. 4 The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the. ,city; and Before the issuance of any City permits; the proposed Project is required to comply with all conditions within the approved resolution, and the City Council.Resolution No.2011-XX: Building and Safety Division, Public Works Department, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. The proposed entitlement has been reviewed in compliance with the 'provisions of the California Environmental Quality Act (CEQA). The proposed project will have less than significant effect on the environment. A Mitigated Negative Declaration incorporating a two-story retail/office building on the subject property was approved on December 6, 2005.' Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as` a whole, would, not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole.. There is a net reduction in intensity with the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall square footage in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad. Pursuant to the provisions of Article 19; Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the : .,, proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project.would have a ;less than significant'effect on.the environment. The proposed change of this property from a two-story retail/office building to a three-story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. Tentative'Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City' s Subdivision Ordinance, the City Council makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan; The proposed project`involves the, condominium subdivision of the.site with 30 office units; and approximately 0.66. acres of parking areas, ;. 'driveway easements, and landscaping, The General Plan land..use designation for the site is General Commercial (C). The proposedproject is consistent with the General Plan land use.designation. The project site is not part of any specific plan. City Council Resolution No.2011-XX 2. The site is physically suitable for the type., and proposed density of development; The proposed condominium subdivision will be consistent with the General Plan land use designation of General Commercial, which allows for the development of 30 office units in a 36,142 square-foot building. The building will have a ten-foot setback from Fountain Springs Road and is located within an urbanized area adequately served by existing roadways and infrastructure. Therefore the property is physically able to accommodate the proposed development. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their, . habitat; The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habitats or would otherwise`injure fish or wildlife or their habitat. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems; The proposed subdivision or type of improvements are not likely to cause serious public health or safety problems because the existing site is located in an urbanized area and is consistent with other similar improvements in the area. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. The site has existing utility easements with the existing shopping center. In addition, a condition is added to the project requiring the applicant to submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access of all common roads;.driveways, parking, and easement areas, prior to the issuance of building permits. 6. The discharge of sewage from the proposed subdivision into the community sewer system would not `result in violation of existing requirements prescribed by the California Regional Water Quality Control Board; A Mitigated Negative Declaration incorporating a two-story retail/office building on. the subject property was approved on December 6, 2005. . Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not,differ substantially. from the :proposed change and would be less than significant: frorn the 8 City Council Resolution No.2011-XX previously approved project, as a whole. There is a net reduction in intensity with the revisions to the previously approved project. . The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall square footage in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pada Pursuant to the provisions of Article 11, Section 15164; an - Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from: the development of the proposed project. Upon the. completion of the environmental analysis, it was determined. that, as conditioned, the proposed project would have a less than significant effect on the environment. The proposed change of this property from a two-story retail/office building to a three-story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration .approved on December 6, 2005. Therefore, no further environmental review is required: 7. 'A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions; and The existing pad has 'already been graded. Further grading will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. S, The proposed subdivision is consistent with all applicable provisions of the City's subdivision ordinance, the development code, and the subdivision map act. The proposed subdivision is consistent with the City's subdivision ordinance, subdivision map act, and applicable development code. Parking Permit Findings (DBMC Section 22.36.060) 1 The intent of the parking regulations, which is to ensure that sufficient parking will be 'provided to serve the use 'intended and potential future uses of the subject.site, is preserved; and The existing gross floor area 'of the shopping center excluding the AAA office building is 158;922 square feet,' therefore, .requires 530 parking spaces. The AAA office building is '20,000 sq. 'ft., therefore, requires 50 spaces. . A` recycling .'facility occupies 3 spaces, and there are ` specialized education and training uses'as well as foot massage services.'` #hat,require additional parking demand. The existing shopping center with the proposed new building will be required topro vide739 spaces. There 9 City Council Resolution No.2011-XX will be 926 spaces, and will exceed the requirement by providing a surplus of 187 spaces. 2. . A parking permit is approved in compliance with. Section 22.30.050 (Reduction of off-street parking requirements for shared uses). When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing .shopping center has uses ranging from restaurants, offices, personal services, and retail uses. The different uses result in a range of peak business hours and parking demands. The supplemental traffic and parking assessment states that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. Due to this, staff does not foresee any parking issues resulting. from the proposed use. The existing parking supply is adequate and can accommodate the proposed office building. In addition, the north end of the shopping center is not heavily congested or utilized. Comprehensive Sign Program Findings QBMC Section 22.36.060) 1. The comprehensive sign program satisfies the purpose of this chapter and the intent of this section; The comprehensive sign program satisfies the purpose and intent of the development code by integrating the. signage with the design of. the building and having specific requirements for signs proposed for the building. 2. The signs enhance the overall development, are in harmony with, and are visually related to,other signs included in the comprehensive sign program and to the structure and/or uses they identify, and to surrounding development; The proposed; comprehensive sign program enhances the overall development by limiting the signage to the first floor in front of the building, building name and address. All signage is limited to a single line of text, with a maximum of 18-inches in height. The proposed signs are individual channel letters, illuminated using L.E.D. lighting. All sign lighting power sources shall be located, at the building interior above the finished ceiling. Colors are limited to blue and red with black trimcap and returns. The proposed signage is appropriate with the buildingand is complementary to the signage in the shopping center. All other signage for all units in the building will be inside the lobby. To provide pedestrians. better awareness of other tenants and directions around the shopping'center, a wayfinding study is incorporated into the signage program. The proposal is to install tour -directional signs 'throughout the shopping center. The new directional signs will make it easier for the public to access all areas of the shopping center including . .10 City Council Resolution No.2011- XX the proposed new building, thus, creating a more walkable and pedestrian-friendly shopping center. 3. The comprehensive sign program accommodates future. revisions which may be required due to changes in uses or tenants; and The comprehensive sign program accommodates future revisions by having minor changes reviewed by staff and the Community Development Director, and any major changes to be reviewed by the Planning Commission. 4. The comprehensive sign program complies with .the standards of this chapter, except that flexibility is allowedwith regard to sign area, number, location, and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish.the purposes of this chapter. The comprehensive _ sign , program complies with the standards of . Chapter 22.36 and. will enhance the overall development. through consistency with the .City's Design Guidelines.for.commercial signage, uniformity and easy , identification of the . signs, and neighborhood compatibility. Based on the findings and conclusions set forth herein,and as prescribed under, DBMC: Sections 22.48, 21.20.080, 22.54, 22.30.050,. and 22.36.060 the City Council hereby finds and approves the. Development Review, Tentative, Tract. Map,Variance, Parking Permit, and Comprehensive Sign Program, subject to the following conditions, and the attached Conditions of Approval: A. GENERAL 1. The development shall comply with_the Conditions of Approval attached hereto and referenced herein. 2. Prior to the issuance of building permits, the applicant shall submit a reciprocal access and parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, ,subject to :the approval .of the, Community Development Director: 3. The applicant`shall ensure that the existing, pine.trees located on the subject property along Fountain Springs Road are protected in ` place during and after construction and shall be. maintained as follows: a. Minimum Pruning: Standard pruning shall consist of "Crown Cleaning" as defined by the International Society of g shall be pruned Arboriculture,-(ISA), Prunin Guidelines. Trees to reduce hazards and develop strong, safe framework. City Gouncii Resolution No.2011-XX b. Maximum Pruning: No more than one fourth (25 percent) of the functioning leaf and stem area may be removed within a calendar year of any tree designated as being protected, or removal of foliage so as to cause the unbalancing of the tree. c. Root Protection: Roots that are encountered shall be cut back to sound wood and repaired (i.e. repaired root shall be cut back to sound wood .and covered with either a plastic bag secured with tape or rubber band or coated with latex paint). Roots 2 inches and greater must remain injury free. If, for any reason, it should ever become necessary to remove any of the aforementioned trees, the applicant or successor(s) in interest shall apply for and obtain approval of a tree removal permit from the Planning Division and concurrently notify the owners.of the single-family residences along Fountain Springs Road, directly across the street from the subject property, of the proposed tree removal. Trees shall be replaced as directed by 'the Planning Division to re-establish the visual buffer and screening of the three story office building that existed prior to the removal of the tree(s) in question. Unless an imminent health or safety threat necessitates the immediate removal of the tree(s), no tree shall be removed prior to approval of the . applicable tree removal permit. The abovementioned tree protection and mitigation requirements shall be incorporated into the CC&Rs for the Project Site. 4. Provide tree wells within the parking lot and planted with a small slow growing tree. 5. All landscaping on the site shall comply with the City's Water Conservation Landscaping Ordinance No. 02(2009). 6. A permanent maintenance program shall be implemented ensuring regular irrigation,fertilization, and weed removal._ All landscaping shall be maintained in a healthy, neat and orderly condition, free of weeds and debris and with operating irrigation at all times. 7. All visible vents, gutters, down spouts, flashings, and the like shall match the color of the building. 8. All mitigation measures required as part of an approved Mitigation Monitoring .Report and Program (MMRP) for this entitlement are hereby adopted and. included as requirements of this entitlement' Where conflict or duplication between the MMRP and the Conditions of Approval: occurs, the., Community Development Director shall .determine compliance so long as it does not conflict'_ 12 City Council Resolution No.2011-XX with the California Environmental Quality Act (CEQA) and the more restrictive measure or condition applies. B. TENTATIVE TRACT CONDITIONS 1. The development shall mitigate or eliminate environmental problems identified through the environmental review process, except where a statement of overriding considerations has. been adopted in compliance with CEQA; 2. The development shall carry out the specific requirements of Chapter 21:30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 `(Improvement Plans and Agreements) of the Subdivision Ordinance; 3. The development shall secure compliance with the requirements of the Subdivision Ordinance and the General Plan; 4. Any designated remainder parcels shall not be subsequently sold or further subdivided unless a certificate or conditional certificate of compliance (Chapter 21.28) is obtained in compliance with the Subdivision Ordinance; 5. Prior to the ` issuance of ' building` permits,- the Covenants, Conditions, and Restrictions (CC&R's) that govern the 30 units within the building shall'be reviewed and approved by the City Attorney: 6. Group mailboxes shall be fully treated with architecture and/or landscape screening to the satisfaction of the Community Development Director if provided at the exterior of the building. C. ENVIRONMENTAL. MITIGATION CONDITIONS 1. The following measures should be implemented during demolition and construction activities, consistent with South Coast Air Quality Management District Rule 403 in order to reduce PM 10 and PM 2.5 emissions: Water exposed surfaces frequently (as necessary) to prevent fugitive dust; ® Coverall stockpile of soil/fill with tarps; and Cover loads of soil/fill on trucks hauling dirt. 2. The following measures should be .implemented . to reduce equipment emissions and, limit exposure to diesel particulate emissions: 13 ,. -XX City Council Resolution No.2011 All diesel trucks should be fitted with particulate filters and traps; and All construction workers should be advised to wear masks when working near diesel equipment or diesel trucks.' 3. If during grading archaeological resources are' encountered, construction activities in the area of the find most be immediately suspended and the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures: 4. If during grading humane remains are :encountered, construction activities in the area of the find must be immediately halted and the Los Angeles County coroner must be.notified within 24 hours of the discovery, in accordance with PRC 5097.94: If the corner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission for consultation. 5. The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBMC Chapter 8.12. 6. The City shall restrict demolition and construction operations to within the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday. No construction activities shall take place outside of these hours or on the weekends or, holidays, unless emergency measures are required. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: THL Investments, LLC, 17528 Rowland, City of Industry, CA 91748. APPROVED AND ADOPTED THIS 15T" DAY OF FEBRUARY 2011, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: - Steve Tye;. Mayor I, Tommye Cribbins, City Clerk of the City of. Diamond Bar, do hereby certify that the. foregoing Resolution was duly:introduced, passed, and adopted by the City Council of the City of Diamond Bar., at a regular meeting of the City Council held on the 15t" day of February 2011, by the following vote: 14 " City Council.Resolution No.'2011-XX AYES: Council Member: NOES: Council Member: ABSTAIN: Council Member: ABSENT: Council Member: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar i 15 City Council Resotution No:2011-XX AT - - COMMUNITY DEVELOPMENT DEPARTMENT ' IOIiPOtt" 'r9Sg STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEIN AND REMODELED STRUCTURES PROJECT #: DevelopmentReview, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163 SUBJECT: To construct a 36,142 square-foot new three story professional office condominium building. A Tentative Tract Map to subdivide air space for a 30-unit office condominium, a Variance to increase the building height from 35 feet to 39 feet, a Parking- Permit arkingPermit to share access and parking with Diamond Hills Plaza, and Comprehensive Sign Program for new signage on the building. PROPERTY County Hills Holdings, LLC, 8115 Preston Road, OWNER(S): Suite 400, Dallas, TX 75225 APPLICANT: THL Investments, LLC, 17528 Rowland, City of Industry, CA 91748 LOCATION: 2705 S. Diamond Dar Boulevard, Diamond Dar, CA 91765 - ALL OF THE FOLLOWING CONDMONS APPLY TO YOUR PROJECT APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-70301FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 16 City Council Resolution No.2011-XX A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of Development Review and Variance No. PL 2010-163 brought within the time, period provided by Government Code Section 66499.37. In the .event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of. any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2 This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one-(21) days of approval of this Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163 at. `the City of Diamond 'Bar Community Development Department, their affidavit stating that they are aware of and agree"to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business'License, and zoning approval for those businesses'located_in Diamond Bar. 4. Signed copies of City Council Resolution No. 2011-XX,` Standard Conditions, and all environmental mitigations shall be included ion the plans (full size).' The sheet(s) are for information only to all partied ,.involved in the construction/grading activities and are not required to be Wet sealed/stamped by a licensed Engineer/Architect. .5.11 Prior`to the plan check, revised site plans and building elevations :incorporating all Conditions;of Approval shall' be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced. thereon, all conditions of approval shall be completed. j - 17 City Council Resolution No.2011-XX 7. The project site shall be 'maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment permit, etc.,) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. -2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1: The approval of Development.Review, Tentative Tract Map, Variance; and Comprehensive Sign Program shall expire within three (3) years from the date of approval if the use has not been exercised as defined per DBMC Section 21.20.140 and 22.66.050(b)(1). The applicant may request in writing a one year time extension.subject to DBMC Sections 21.20.1 50 and 22.66.050(c),for City Council approval. D.: SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and18, City Council Resolution No.2011-XX amended herein by the City Council, on file with the Planning Division: site plans, floor plans, architectural elevations, and landscaping file in the Planning Division, the conditions contained herein, Development, Code regulations. 2. All ground-mounted utility appurtenances such as transformers, air conditioning condensers,"etc., shall be located out. of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All roof-mounted equipment shall be screened from public view., 4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be.removed within 72 hours'bythe property owners/occupant:' 5. No occupancy permit can be granted, until all improvements required by this approval have been properly constructed, inspected, and approved. 6. If any,aspect of construction requires the use of an easement on..a third party'sproperty or the use of an easement granted to a third party on the applicant's. property, the . applicant must provide '' the .City with correspondence/proof documenting that the easement has been granted before,any building permits will be issued. 7. Prior to placement of any construction.trailers,'the `applicant shall submit a site plan showing placement of the construction trailers and shall agree to abide by all conditions` of approval required ` by > the Community Development Director. 8.: Prior to issuance of a.'building permit, the location, size, and screening of all building utility service connections, including water, gas, and electric service, fire service, and irrigation connections shall be approved by the Community Development Director. All changes to. building utility connections shall be approved by the Community'Development Director prior to construction. Building utility connections `shall be located, sized and screened in such a manner that they have the'least possible impact on the design of the building and:site. The architect of record shall be . directly involved in the design and placement of all site and building '., service connections and shall sign all' planssubmitted to the City which locate, size and/or screen utility connections. 9. Additional plant materials may: be required. by the Community Development Director and shall be lanted 'prior to final occupancy in p 19 City Council Resolution No.2011-XX order to screen utility connections, valves, backflow devices; and all above ground appurtenances, etc., to the satisfaction of 'the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices,. and all above ground appurtenances, etc. have been installed and inspected. . 10. All parking spaces shall comply with the standards for adequate depth, width, and turning radius as set forth in DBMC Section 22.30.070. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner,. applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the. City. It shall be the, applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory ,solid waste. disposal .services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project: APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839- 7040, FOR COMPLIANCE WITH THE:FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the. City, and its officers; agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Tentative Tract Map` No. 71396. brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse :the City its costs, of defense, including reasonable attorneys fees;.incurred in defense of such claims: (b) Applicant shall promptlypay any final judgment rendered against the City defendants. . 20 City Council Resolution No:20 _XX The City shall , promptly notify the applicant of any , claim, action of proceeding, and'shall cooperate fully in the defense`thereof: APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. "GENERAL 1. A .title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval: 2. A permit from the Los Angeles County Public Works Department shall be required for work within its'right-of-wayor connection to its facilities. 3. Prior to final map approval, written" certification that all.utility services and any other service related to the site shall, be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90)days prior to final map approval. 4: Prior to final map approval; applicant shall submit to the'City Engineer the -detail cost estimates for bonding purposes of all public improvements 5 Prior to final map approval, if any public or private improvements required as part.of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 6. Prior to final map approval''all site grading, landscaping,'irrigation, sewer and storm drain: improvement plans shall be .approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 7 Prior to issuance of. gradingpermits,. surety shall be :posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering- all parcels to the satisfaction of the :City Engineer. 8. Easements for disposal of drainage water onto or over adjacent parcels shall.be delineated and shown on the final map, as,approved by the City Engineer. The CC&R's shall also include all provisions.permitting cross lot drainage: 1 City Council Resolution No.2011 XX 9. Prior to any.work performed in the street right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Public Works Department in addition to any other permits required. 10. Applicant shall label and delineate on the,final map any private drives or fire lanes to the satisfaction of the City Engineer. 11. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City or respective utility company. 12. After the final map records, applicant shall submitto the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given. until the copy of the recorded map is received by the Public Works/Engineering Department. 13. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost.to the City: 14. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 15. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 16. All activities/improvements proposed for this map shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be.obtained from the, affected property owner and the City as required by the City Engineer. 17. Prior to final map approval, the applicant shall submit a proposed address assignment plan for each unit for review and approval by the Public Works Department. B. GRADING 1. No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation orgradingpermit issuance, whichever comes first.. All pertinent improvement plans shall be 'approved by the City Engineerprior .to final map approval by the City Council. City Council Resolution No.2011-XX 2. Prior to beginning any grading activities, appropriate rodent barriers shall be installed around the perimeter :of the project site to prevent the migration of rodents to existing residential and commercial sites. A plan. detailing the proposed rodent barriersto be used by the developer/contractor shall be submitted to2 the Public Works/Engineering Department for review. 3. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 4. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be ,limited to between the hours of 7:30 a.m. and 5:30 p.m.; Monday through Friday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed wafer shall be utilized whenever possible. In addition, all construction `equipment shall be properly muffledto reduce noise levels. 5. All equipment staging'areas` shall be located,on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot-high chain link fence. All access points in the proposed development shall be locked whenever the construction site is not supervised. 6 Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance,-Hillside Management Ordinance: and acceptable grading practices. 7 At the time of submittal of the 40-scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the .State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following if applicable: a. Stability of all proposed slopes shall be confirmed by analysis as approved by the'City Engineer. b. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40-scale final grading plan as a base. C., All geotechnical, and soils':related findings and recommendations -shall be reviewed and approved by the City Engineer prior to issuance of any grading.permits and recordation of the final map. 23 City Council Resolution No.:2011-xx 8; Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 9. Final grading plans shall be designed in compliance with the recommendations of. the final detailed soils and engineering geology reports. All remedial earthwork specified in. the final report shall- be incorporated into the grading plans. 0 Final grading plans shall be signed and stamped by a California` registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 10. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the _grading plans for construction and post-construction activities respectively. 11. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 12. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 13. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 14. Prior to the issuance of Building Permits, a pre-construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least -48 hours prior to commencing grading operations. 15. Rough Grade certifications by project soils and civil engineer and the as graded geotechnical report shall be submitted prior to issuance of building. permits for the .foundations of structures'. Retaining wall permit may be issued without`a rough grade certificate. City Council Resolution No.2011 7XX :' `16. Final Grade certifications by project-soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department .prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 1: All drainage improvements`necessary for dewatering and protecting the subdivided properties shall be installed prior, to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 2. All storm drain facilities plans shall be plan checked by the City Engineer and all fees required shall be paid by the applicant. 3. A final drainage study and final drainage/storm drain plan in a 24" x 36 sheet format shall be'submitted to and approved by the City Engineer prior to grading permit issuance. 4. Prior to' the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by.a Civil, Engineer registered in the State of California to the satisfaction of.the City Engineer. 5. A comprehensivemaintenance plan/program shaF be submitted concurrently with the storm drain;plans to the Public Works/Engineering Department for review and approval by the City Engineer. 6. Identify where all roof drains will outlet on the drainage plan. Where` possible, roof drains shall outlet into landscape areas. 7. Finished ground swales within 10' of the building shall have a minimum, slope of 2%; 8. Drainage facilities shall' be not installed in any easements unless permission from the easement holder has been obtained. D. STREET IMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Prior to the issuance of;any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 25 City Council Resolution No:2011 XX 3: Prior to building occupancy; applicant shall construct base and pavement for all parking and private drive areas accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 4. Any damage that is caused to the Public right-of-way by construction activities will be the responsibility of the contractor to repair to the satisfaction of the City Engineer. E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication: 2. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 3. Prior to recordation of final map, applicant shall- provide separate : underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 4. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS 1. Prior to final map approval, applicant shall submit a sanitary sewer area study to the ,City Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in. this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. '2 Applicant shall obtain connection permit(s) from the City and Los Angeles County Public Works Department. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City Standards prior to occupancy. 26. - City Council Resolution No.2011 XX. G. TRAFFIC MITIGATIONS (NOT APPLICABLE) APPLICANT SHALL =CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code,, California Mechanical Code, and California Electrical Code) requirements. and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within .180 days following the date of application shall expire by limitation, and plans and other data. submitted for review may thereafter be 'returned to the applicant or, destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date.of such permit. 4. Construction activities causing the operationof any tools or equipment used in construction, drilling, repair, alteration,or demolition'work shall be . conducted Monday. through Friday, between the hours of 7:30 a.m. and 5:30 p.m. :: 5. Occupancy of the facilities shall. not commence until such time as all P Y Building Codes and State Fire Marshal regulations- have been met. The buildings,shall be inspected for compliance prior to occupancy. 6. The minimum design load'for wind in this area is 85 M.P.H. exposures"C" and the site is within. seismic category (D). The applicant shall submit drawings and .calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 7. This project shall comply with: the: 2008 California Energy Code requirements of the State of California Energy Commission. 8. In order to accurately monitor-and 'report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor, subject to compliance with specific. permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) :approval/clearance will be required prior to the issuance: of a demolition permit: Please contact AQMD at .367-2327. 9. This project shall comply' with all Accessibility Code requirements . . `27 XX City Council Resolution No.20 including accessible parking,. path of travel, elevators, restrooms, drinking fountains,.etc. Provide compliance with van accessible parking, path of travel, etc. Reception. counter,shall comply with the title 24 accessibility requirements. - 10. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations 11. Separate permit shall be required for:all wall and monument signs" and shall be noted.on plans: 12. A height survey may be required at completion of framing. 13. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 14. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following; a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building L Shaft rating/ exterior walls construction/ opening protection 15.. Verify adequate exit requirements. The distance between required exits shall be '/2 of the building diagonal. 16. All balconies shall be designed for 601b. live load. 17. Indicate all easements on the site plan. . 18. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire` zone: a. All unenclosed under-floor areas shall be constructed as'exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion-resistant wire mesh not 'less than 1/4 inch or more than 1/2 inchin any dimension except where such openings are equipped with sash or door. . 28 . City Council Resolution No.2011-XX 19. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 20. The project shall be protected by a construction. fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Specify location of tempered glass as required by code. 23. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide, guardrail . connection detail (height, spacing, etc.). APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY. FIREPREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: . 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior' to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 29 City Council Resolution No.2011-XX Attachment 2 PLANNING I I AGENDA REPORT CITY OF DIAMOND BAR-21825 COPLEY DRIVE-DIAMOND BAR, CA 91765 -TEL.(909) 839-7030-FAX(909) 861-3117 AGENDA ITEM NO. 7.3 MEETING DATE: January 11, 2011' CASE/FILE NUMBER: PL2010-163 PROJECT LOCATION:ION: 2705 S. Diamond Bar Blvd. (Los Angeles County Assessor's Parcel Numbers 8285-020- 096 and 097). APPLICATION REQUEST: 1. Development Review to`construct a 36,142 square-foot, new three story professional office building on ;a 41,110 square-foot (0.94 acre); 2. Tentative Tract Map No. 71396 to subdivide air space for a 30-unit office condominium; 3. : Variance to increase the building height from 35 feet to 39 feet; g share ,driveway access 4. Parkin Permit to shay and parking between` the proposed development and Diamond Hills Plaza (the existing shopping center);.and 5. Comprehensive Sign Program for the signage on the building. Zoning: Community Commercial (C-2) General Plan Designation: General Commercial PROPERTY OWNER: Country Hills Holdings, LLC 8115 Preston Road, Suite,400 Dallas, TX 75225 APPLICANT: THL Investments, LLC 17528 Rowland City of Indusfiry, CA 91748 STIa F RECOMMENDATION-. Recommend approval to the ,. City Council, . subject to conditions. x111VO,r�^°'ict�''S�i `S�.1,! �a"�" f ' p!•t trt +1 L �1Y}Cr•`�t ri�ti'r G,EtI@Pa�gP�aCI i �3?; ;� '�`• i„.y. r"q�i�tq-+sr,"1 as'e7Ytct45,,,J'h 1t i,rsh'jrt )r ttE`xclTitiav,;r�,Y�2�z•,'zri i �..y r �' 1 dg�r �t' e t �G�U.�5�: ,Zoning�DlStr�Gt �M n ra 5 tit .+,��x :.1'tE!i4•k5 7xf t.1.31r`” 3 i'y tS� uGSg J4i' r'S}a Lx, en�we�ss!J:na�tionr � 1,."� � _�t _i • -r �- � � tar.. •.- I .r r..+. v r^1 F �..r. r y.. 'r�•iL' •'a '\'iti, o^+< y.fu 5 �,4?r? rt .�„••.t" r'fG•F.�'�,u„y� n yf�' G-tsr' E•' a qtr t: y *. .•C�^�+ a ' e n r r .a �"` .^ "+.+� * r 4 1'S � 'r;qui J, J .� t7?. z..+ts:"rt 'r"YtU,^•.� � � 'mss �, '�, t!ys YFSA. xir'rA.. 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The planned build-out of the renovation included an exterior facade remodel for the former theatre building and removal of two buildings at the southerly end of the center (a freestanding daycare center and a multi-tenant shop building) to facilitate the construction of a three story medical office building. A two story retail/office building was also approved on the vacant pad at the north end of the shopping center where the current three story office building is being proposed. Among the original entitlements, a variance to increase the building heights of both existing and proposed buildings was approved. In 2009, the three story medical office and two story retail/office building projects were terminated, and the Commission approved plans to renovate the existing two buildings instead. In addition, the Commission approved the.demolition of the theatre building and the construction of a new inline shop building in its place. Project Description As stated, the two story retail/office building planned for the north end of the center was cancelled. In its place, the applicant proposes to build a three story professional office building. The proposed building will have 3.0 units, to be sold as office'condominiums governed by an association. The unit sizes range from 375 to 2,407 square feet and the building will have two public restrooms on .each floor. The parcel on which the building is proposed will have 47 parkingspaces on-site to share with the existing shopping center. A comparison of the previously approved two story office/retail building and the three story office building currently being proposed is listed on the following page. Page 3 of 12 CD:Staff Reports PC/Diamond Bar Blvd.,2705 PC Staff Report 01/11/2011.docx i 11 4 19 1 00 0 � ® v 0 0 ® 0 0 0 6,838 sq. ft. (Restaurant on 15tfloor) 12,311 sq.ft. (Offices On lntlfloor) Size 5 57Q sq. ft. (Office on 2nd floor) 12,256 sq. ft. (Offices on 2 floor) - 11 575*sq. ft. ((offices on 3rd floor) 12,408 sq. ft. 36,142 sq. ft. Building Height Varied 38-40 feet 39 feet plus 4.5 feet tower (rooftop equipment enclosure) Setback from 15 feet 10 feet Fountain Springs Building 70.5' X 128' 90' X 139' Footprint The proposed building has been designed to be complementary to the existing buildings within the shopping center and its massing has been skillfully designed to fit the site and its surroundings. The proposed building will be screened from Fountain Springs Road through a variety of tall existing trees along Fountain Springs Road, and is well accented on all sides of the building. The third floor has been stepped back an additional five feet, six inches to reduce the building mass as viewed from Fountain Springs Road. Several alternatives were explored to reduce the building mass along Fountain Springs Road and as described below: 1 Shifting the building back an additional 10 feet to a total of 20 feet from the Fountain Springs property line. This was not a viable option because the shopping center owner was not willing to eliminate additional parking spaces as a result of shifting the building farther back; 2. Rotating the building to back up to the existing two story building at the corner of Diamond Bar Blvd. and Fountain Springs Rd. This was not feasible because the proposed building would not fit within the boundaries of its lot; 3. Moving the building to the west, directly north of the former theatre location. This was not feasible due to existing utility easements along the north property line; and 4. Stepping back the third story to reduce the building mass along Fountain Springs Road. While staff believes this: would be a good solution, the applicant had concerns about how the reduction in floor area would. affect the return on investment, and has pursued other design solutions to reduce the.perceived mass of the building. Page 4 of 12 CD:Staff.Reports PC/Diamond Bar Blvd.,2705 PC Staff Report 01/11/2011.doc. Study - On August 24, 2010, a study session was held to solicit comments and/or concerns from the Planning Commission as well as the public regarding the proposal Staff had concerns with the scale and massing of the building and its visual impact on Fountain Springs Road. The Commission reviewed the conceptual plan and had the following comments regarding the proposal. Issue/coo idem Raesed. EfFori,to.Addresa;.Conceens 1. Privacy into yards of single m Elimination of the third floor balcony facing Fountain family homes across.the Springs Road. street o A line of sight comparison is provided on Sheet A-203. 2. Reciprocal Parking a A condition is added to require a reciprocal parking Agreement agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas. 3. . Traffic Impacts o A revised traffic study concluded that the proposed project would not cause any intersections or street segments in the vicinity to operate at an unacceptable level of service. All intersections and roadway segments will continue to maintain an acceptable level of service. 4. Off-Street Parking Along The east curbside of Fountain Springs Road is currently Fountain Springs Road red striped. Staff reviewed the option. of red, striping along the west curbside of Fountain Springs Road with the Public Works/Engineering Department and was advised that it may cause existing overflow parking on the street to park on the residential streets nearby. The PW Department believes that the current on-street parking on.Fountain Springs Road is overflow parking from patrons of the existing two-story commercial building on the corner of DBB and Fountain Springs Road.. The PW Department explained that there is -currently no.identified concern at this time. In addition; the customers of the proposed office building are expected to park on-site because the parking would be more convenient and accessible than parking on Fountain Springs.Road. ANALYSIS: , Review (Diamond Bar Mianicipal diode Sections 22.43, 2 :20.0$0; 22.54, 22.30.050, and 22.36.0601, The proposed project requires five entitlement applications for review. The Tentative Tract Map .re u.ires :C,ity _Council approval, l, and. the Developmentment Review, Variance, Parking Permit and ' Comprehensive Sign Program require Planning Commission approval. Section 22.48.030 of the Development: Code.requires all applications to be Page 5 of 12 Re p Staff port 01/11/2011.docx CD:Staff Re orfs PC/Diamond Bar Blvd.,2705 PC Sta, processed simultaneously by the highest review authority. Therefore, the Planning Commission will be forwarding a recommendationto the City CounciV for, al[ five entitlements described below. Development Review: The `purpose of Development- Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process ensures that new development and intensification of existing development yields a pleasant living environment, and attracts the interest of residents and visitors as the result of consistent exemplary design. Architectural Features, Colons, and Material: The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surrounding area through aesthetically pleasing site planning, building design, and architecture. Additionally, a primary objective is to promote compatibility with adJacent uses to minimize any potential negative impacts. The architectural style is the same contemporary style,as the existing buildings in the shopping center. The proposed building incorporates the following details to match the existing renovated buildings within the shopping center: Towers and parapets; Sand finish stucco walls painted in similar colors; Stone veneer at the bottom base of the building; Architectural details such as cornice and window moldings; Exterior wall sconce lighting; and © Recessed decorative metal grills. Landscaping: A landscape "plan was submitted with the application. The landscape will be enhanced by adding trees, shrubs, and vines around the perimeter of the building. There will be four, 24-inch box Crape Myrtle trees planted in.front of the building, in addition to hrubs. The retaining wall at the rear of the building will be screened with shrubs and creeping fig vines. Plant types proposed are non-invasive plant species. All landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy issuance. Tentative Tract flap: Pursuant to Section 66.424 of the Subdivision Map Act, a Tentative Tract Map is required for the creation of a condominium ,or other common interest development simultaneously with the construction of a new structure. There are 30 units proposed within the new three ;office story building, to be sold as condominiums and governed by an association. The unit sizes:range from 375 to,2,407 square feet. The two public restrooms on each floor'will be part of the building's common areas. The propertji will have 47 parking spaces on-site to share with ;the Page 6 of 12 CD.Staff Reports PC/Diamond Bar Blvd.,2705 PC Staff Report 01/11/2011.docx existing shopping center. A copy of the draft Covenants, Conditions, and Restrictions (GCSRs) that will govern the 30 units within the building is included as Attachment 5, and 'shall be reviewed and approved by the City Attorney prior to the issuance of building permits. Variance: Variances allow 'For adjustment from the development standards and may only be granted when, because of special circumstances applicable. to the property, including location, shape, size, surroundings, topography, or other conditions, the strict application of the development code denies the property owner privileges' enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary, and non=self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development, tandards. A Variance is requested to increase the building height from 35 feet to 39 feet. The additional four-foot, six-inch rooftop equipment enclosure is an allowed exception to the maximum building height.ht p ursuant to Section .22.16.060(2)a. The site is unique because it is part of an existing; shopping center that is constrained by a grade difference from the street.. The existing.pad is currently five feet below Fountain Springs Road. The existing two story commercial building on the corner of Fountain Springs Road and Diamond Bar Boulevard is.on a higher pad than the proposed office building pad: Also, the roof line of the existing adjacent building is nearly at the same level of the proposed three story building. Therefore, these constraints contribute to the poor visibility.of the existing buildings in the shopping center, including the proposed building. No other existing shopping centers in the City have this visibility problem. Furthermore, the existing buildings within the shopping center have various towers that range from 40 to 50 feet. : Due to the grade constraints that exist and that no other shopping center experiences, the strict. application of the development code denies the applicant of the same privilegesenjoyed by property owners of other shopping centers. Therefore staff recommends that the Planning Commission grant the variance to the building height. Traffic, harking and Circulation ,Parking hermit: According to Section 22.30.050 of the Development Code, where two commercial uses are developed as a recognized shopping center and those uses have distinct and differing peak parking usage periods,.a reduction in the required number of parking spaces may be allowed through the. approval of a parking permit; provided that the most remote. space is located within 300 feet of the.use it is intended to serve (as measured along the most direct°pedestrian path). The amount of reduction may be up to the amount of spaces required for the least intensive of the two or'more uses sharing the parking Shopping centers over 50,000 square feet .in size are required to provide 1 parking I spice for overt' 300 square feet of gross floor area. Diamond Hills Plaza and the AAA Page 7 of 12 CD:Staff Reports PC/Diamond Bar Blvd.,2705 PC Staff Report 01/1112011.docx office building (under separate ownership) have a shared parking agreement. The existing gross floor area of.the shopping center excluding the AAA office building is 158,922 square feet, and therefore, requires 530 parking spaces. The AAA office building is 20,000 sq. ft. and therefore, requires 50 spaces. A recycling facility.occupies 3 spaces, and there are specialized education and training uses as well as., foot massage services that require additional parking demand. The existing shopping center with the proposed new building will be required to provide 739 spaces: There will be 926 spaces, and will exceed the requirement by providing a surplus of 137 spaces. Parking Requirement Shopping Center 124,975 1/300 417 Fast Food 7,467 1/100 sq. ft., plus 75 1/100 outdoor dining Sakura Foot Massage 1,135 1/300 sq. ft. plus 1 per 8 employee Tae Kwon Do. Martial 3,142 1 space per 150 sq. ft. 29 Arts and 1 per employee .Music Academy 10,200 1 space per 300 sq. ft. 67 plus 1 per employee AAA Office 20,000 1/400 sq. ft. 50 Recycling Center N/A N/A 3' Proposed . Office 36,134, 1/400 sq. ft. 90 Building Total 203,0', 739 926 When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services, retail, and specialized education and training uses. The different uses result in a range of peak business hours and parking demands. A supplemental traffic and parking assessment was prepared by Linscott, Lave & Greenspan and is included as Attachment 6. This assessment states that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. ' Due to this,.staff does not foresee any parking issues resulting from� the proposed use. The existing parking supply is adequate and can accommodate the proposed office building. In addition, the north end.of the shopping center is not heavily congested or utilized. A shared parking analysis is summarized in the table on the following page: Page 8 of 12 CD:Stan Reports PC/Diamond Bar Blvd.,2705 PC Staff Report 01/11/2011.do6x Soared Parking Demand Analysis a . ® . quz ® - . . 7Midda� -2:00 PM 770 626 6:00 PM750 620 Availabia Parking 156-176 300-306 Also, based on the supplemental traffic impact study, the intersection capacity analysis for the Intersection of Diamond Bar Boulevard at Fountain Springs Road indicates that the proposed project will not have significant traffic impact and is forecast to operate at Level of Service (LOS) C and D during the AM peak hour and PM peak hour, respectively. There will be some redistribution of trips at the Fountain Springs Road driveway due to the changes in the build-out` of the center.from what was originally planned, but there will be no significant impact to the intersection of Diamond Bar Boulevard and f=ountain Springs Road as a result of the increased floor area at the north end of the center. Similar to the previously approved project, this intersection is forecast to operate at LOS C and D during the AM peak hour and PM peak hours, respectively (Refer.to the table below for the peak hour intersection capacity analysis). Year 2016 Peak Hour Intersection Capacity Analysis Diamond Bar Time 2003 Trade Year 2016 Year 20116 Significant @ Fountain Period Conditions Cumulative Cumulative lmpacfr= Springs Traffic Plus Project Traffic 1CU* LOS ICU LOS ICU . Los ICU YIN Inc. Traffic: Impact of AM 0.639 B 0.771 C 0.786 C 0.015 No Previously PM 0.665 B 0.868 D 0.893 D O.D25 No Approved Project Traffic ,Impact of AM, 0.639 B 0.771 C 0.788 C 0.017 No Pro posed Project PM 0.665: B 0.868 D D.886 D 0.018 No "ICU: Intersection.Capacity Utilization technique estimates the volume-to-capacity relationship for an intersection. °Significant impact is defined as a 0,02 or greater increase in ICU value of a signalized intersection where the final LOS is E or F. The proposed project would not cause any intersections or street segments in the vicinity to operate at an unacceptable level of service.. All intersections and roadway segments will continue to maintain; an acceptable level of service. Therefore no mitigation measures or improvements are,"required for the proposed project other than those previously identified in the previous project. Howevera condition is added to the, project requiring the applicant`'to submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, prior to the issuance of Page9of12 CD: Staff Reports PC/Diamond Bar Blvd.,2705 PC Staff Report 01111/2011,docx building permits (Recommended Condition of Approval #2 in Attachment 1: Draffi Resolution): Comprehensive Sign Program: Comprehensive Sign Programs are used to integrate the signage with the` design of the development ..to achieve a unified architectural statement. The program has specific requirements for signs proposed for the development. The program limits signage to the first floor in front of the building, building name and address. All signage is limited to a single line of text, with a maximum of 18 inches in height. The proposed signs are individual channel letters, illuminated. using L.E.D. lighting. All sign lighting power sources shall be located at the building interior — above the finished ceiling. Colors are limited to brae and red with black trimcap and returns. The proposed signage is appropriate with the building and is complementary to the signage in the shopping center. All other signage for all units in the building will be inside the lobby. To provide pedestrians better awareness of other tenants and directions around the shopping center, a wayfinding study is incorporated into the signage program. The proposal is to install four-directional signs throughout the shopping center (See Attachment 4). The new directional signs will make it easier for the public to access all areas of the shopping center including the proposed new building, and thus creating a more walkable and pedestrian-friendly shopping center. PEDESTRIAN ORBENTEO DtRECMMAL SIGN iOCATIONS_TYPICAL WTTOM OF SIGNA'T 8 FOW AMWE GRADE MINIMUM 46VVpC33CAN�1'Y NAr1fVIN. SI+IV WAIT f OVWID inu.3j;rtwc"=4.kAh<NG Ok 11XI'J114N mf'lEj - WALL NOuwm U.Yo-P�JVVOPT HAhIGA1G iIGlV r a. x F 33 ( Cornoatibillity with ideighborhood The shopping center has numerous , different uses, including a grocery,,. store, restaurants; a taekwondo studio, music school, professional offices, an AAA office building, and other retail and service uses. As such, the operational characteristics of the proposed office building are compatible with the existing uses in the shopping center. Page 10 of 12 CD:Staff Reports PC/Diamond Bar Blvd.,2705 PC Staff Report 0111.1/2011.docx Historically, the north end of the shopping center has .been. more desolate and less occupied with commercial activity than the south side of the shopping center. Allowing a` new use such as an office building into the shopping center brings a workforce population to create more synergy and activity-in in the center. The .employees.Yees and patrons of the offices will be exposed to, and shop at, the stores and restaurants in the center. This may also produce additional activity to support additional retail and restaurant uses to fill the current vacancies inthe.center. Single-family homes surround the shopping center to the north, east and west. The g Y Pp g existing Brea Canyon Channel separates the westerly, residential area from_ the shopping center. The setback on.the third floor acknowledges the lower scale buildings in the area. In ,addition, there are six 30 to .45-foot high existing trees on.the northerly edge of the property along Fountain Springs Road, which help buffer and screen the proposed three-story building from Fountain Springs Road. Staff added a condition to ensure that the existing trees are protected in place 'during and after construction (Recommended Condition of Approval #3 in Attachment 1: Draft Resolution). Additional Review The Public.Works Department and Building and Safety .Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700-foot radius of the project site on December 22, 2010, and the notice was published in the Inland Valley Daily Tribune and.San Gabriel Valley Tribune newspapers on December 31, 2010., The project site was posted with a notice display board,.and a copy of the public notice was posted at the City's three.designated community posting sites. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with.the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration incorporating a two story retail/office - building on the subject property, was approved on December 6, 2005. 7 Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially.from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in intensity. with. the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall square footage in the.. shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pack. Page 11 of 12 CD:Staff Reports PC/Diamond Bar Blvd.,2705 PC Staff Report 01/11/2011.docx Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as. conditioned, the .proposed project would have a less than significant effect on the environment. The proposed'change of this property from a two story retail/office building to a three story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005: Therefore no further environmental review is required. RECOMMENDATION: - Staff recommends that the Planning Commission adopt the attached Resolution (Attachment #1) recommending that the City Council approve the Development Review, Tentative. Tract Map, Variance, Parking Permit, and Comprehensive Sign Program for Planning Case No. PL2010-163, to allow a three story professional office condominium building, based on the findings, subject to conditions of approval as listed within the draft resolution. Prepared by: Reviewed by: Gra S. Lee Greg Gubman, AICP Senior Planner Community Development Director Attachments: 1, Draft Resolution No. 2010-XX and Conditions of Approval 2. Architectural and Landscape Plans, Elevations 3. Tentative Tract Map No. 71396 4. Building Signage Program and Pedestrian Wayfinding Signage 5. Declaration of Covenants,Conditions, and. Restrictions(CC&R's) 6. Supplemental Traffic and Parking Assessment 7. Index Map of Photographs S. Previously Approved Site Plan, Floor Plan and Elevations 9. Initial Study/Environmental Checklist Page 12 of 12 CD:Staff Reports PC/Diamond Bar Blvd.,2705 PC Staff Report 01111/2011.docx MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 11,2010 CALL TO ORDER: Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Nolan led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack Shah; Vice Chairman Kathy Nolan, and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director;Brad Wohlenberg, Assistant City Attorney; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of December 14; 2010. C/Lee moved, C/Shah seconded; to approve the December .14, 2010, minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson,:Shah; VC/Nolan, Chair/Torng NOES: COMMISSIONERS. None ABSENT: COMMISSIONERS. None 5. p OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review No. PL 2010-296.— Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval for an addition of.1,566 square feet to an existing 1,507 square foot single-family residence. The subject property is zoned Low.Density Residential (RL)with JANUARY 11, 2011 PAGE 2PLANNING COMMISSION a consistent underlying General Plan Land Use designation of Low Density Residential. PROJECT ADDRESS: 24201 High Knob Road Diamond Bar, CA 91765 PROPERTY OWNER: Kalathur and Anuradha Pattabiraman 24201 High Knob Road Diamond Bar, CA 91765 PT/Tobin presented'staff's report and recommended Planning Commission approval of Development Review No. PL 2010-296, based on the findings of fact, and subject to the conditions of approval as listed within the resolution.. There were no ex parte disclosures. Chair/Torng opened the public hearing, Kalathur Pattabiraman said he and his family have Lived in Diamond Bar for 20 years and wish to make their current home their final home by improving the property and asked for Commission approval. Mr. Pattabiraman responded to Chair/Torng that he read staff's report and concurred with the conditions of approval. Chair/Torng closed the public hearing. VC/Nolan thanked the applicant for choosing to remain in Diamond Bar and said she was pleased to see this type of request before the Commission for consideration: VC/Nolan moved, C/Shah seconded, to approve Development Review No PL 2010-296, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Shah,VC/Nolan,' Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None JANUARY 11, 2011 PAGE 3 PLANNING COMMISSION 7.2 Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 -To recommend approval to the City Council for a one-year time extension for a nine-unit residential condominium project on a 0.62 acre lot,Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant submitted a request for a one-year extension of time to begin construction. The project site is zoned High., Density Residential-Planned Development Overlay(RH-PD)with a consistent underlying General Plan land use designation. The project was approved on November 20, 2007, with a:three (3) year timeframe to obtain building permits and begin construction. PROJECT ADDRESS: 23671 Golden Springs Drive Diamond Bar, CA 91765 PROPERTY OWNER: GSDB investment Group LLC 625 Fair Oaks Avenue#115 South Pasadena, CA 91030 APPLICANT: Joseph Kwok 625 Fair Oaks Avenue#115 South Pasadena; CA 91030 PT/Tobin presented. staff's,. report and recommended the Planning Commission recommend .approval to the City Council of the time extension for Conditional Use Permit No: 2007-10 and Development Review . No. 2006-11, based on the Findings of Fact,and subject to the conditions of approval as listed within the,draft resolution: There were no ex parte disclosures. Chair/Torng opened the public hearing. Joseph Kwok, applicant, said that as a result of drainage requirements imposed by the City's Public Works Department, the property owner is working with the contiguous homeowners association to resolve those.issues and 'need the time extended to resolve those.issues. C/Shah asked what kind of drainage issues the applicant was dealing with and what kind of time was needed to`resolve those issues:' Mr: Kwok responded that originally the Public.Works Department hoped that the applicant could drain the surface water naturally through the condominium complex next door to their project.but the applicant has not been able to get the.board to agree to meet with them to discuss the possibility with their JANUARY 11, 2011 PAGE 4 PLANNING COMMISSION homeowners. There is an alternative proposal to get the surface water drained from the site via a sump pump so that if the contiguous association board does not agree to the first option, the applicant will move forward with the alternative plan. Since the applicant has pursued the association's board for the past two years his firm has decided to move forward to get an agreement from the Public Works Department to cease further attempts to get the board's approval and move to the alternate proposal by the end of January 2011. Chair/Torng closed the public hearing. VC/Nolan moved, C/Nelson seconded,to recommend City Council approval of a one-year time extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163 - The applicant requested to construct a 36;142,square foot new three-story professional office building on a 41,110 square foot(0.94 acre), Community Commercial (C-2)zoned parcel with an.underlying General Plan Land Use designation of General Commercial (GC). A Tentative Tract Map is requested to subdivide air space for a 30-unit office condominium; a Variance is requested to increase the building height from 35 feet to 39 feet; a Parking Permit is requested to share access and parking between the proposed development and Diamond Hills Plaza, the existing shopping center, and a Comprehensive Sign Program is requested for the signage on the building. PROPERTY ADDRESS: 2705 Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Country Hills Holdings, LLC' 8115 Preston Road #400 Dallas, TX75225.. JANUARY 11, 2011 PAGE 5 PLANNING COMMISSION APPLICANT: THL Investments, LLC 17528 Rowland City of Industry, CA 91748 SP/Lee presented staff's report and recommended the Planning Commission adopt the resolution recommending City Council approval of Development Review,Tentative Tract Map, Variance, Parking Permit, and.Comprehensive' Sign Program No.PL 2010-163, based on the findings of Fact; and subject to the conditions of approval as listed within the resolution. C/Shah asked if trees would be added on the street side of the building and SP/Lee said there were no trees proposed within the 10 foot setback. There is limited space providing room for a walkway and shrubs and vines-in the area. There areno existing trees in the setback area,only existing trees along Fountain Springs Road (six trees).which will be retained prior to and after construction. C/Lee asked why the setback is being reduced from the usual 15 feet to 10 feet and.SP/Lee.said that applicant was proposing a larger building and in order, to:fit in the number of` required parking spaces and maximize the parking spaces within the property the minimum requirement was 10 feet. C/Nelson asked'if the six trees on Fountain Springs Road were on City property and SP/Lee responded no, that they were ori the applicant's. property., C/Nelson asked what the City's remedy would be if the trees had to be removed to accommodate the property: :SP/Lee referred C/Nelson to Condition 3, Page 11 There is no specific condition that specifically, prohibits removal. If the applicant wished to remove any or all of the trees they would have to review the condition with staff to determine whether removal was allowed. C/Nelson said he was concerned that the trees should remain in place and be certain that the neighbors were informed if for some unforeseen reason, they would have to be removed because it would significantly increase the massing and reduce the screening from the back 'yards across Fountain Springs Road. CD/Gubman proposed including a condition to read that should the applicant need or request removal of the trees that it would require that theyobtain a permit from the Cityfor removal. and with that permit,the City would require a certain ratio of replacements to help ameliorate the visual impacts the current stand of trees would provider C/Nelson'felt that contraryto staff's statement that the'line of site from the : third story of the proposed building would be less intrusive than it would be from the second story because in his opinion; it was a little bit more intrusive but not significantly intrusive: JANUARY 11, 2011 PAGE 6 PLANNING COMMISSION C/Nelson said he appreciated that the applicant provided the cross-sections because the applicant has, as indicated during the workshop,demonstrated that the proposed improvement will not be significantly more intrusive than the existing improvement. He asked if there was a balcony on the third floor or if it had been eliminated and SP/Lee responded that the third floor balcony had been eliminated. However, there are access ways for maintenance purposes only with no public access. VC/Nolan asked if there was a point at which the parking would be so large that it would be.subdivided to accommodate certain other businesses in the center. SP/Lee said there was no particular formula for areas within the shopping center. It is based on-an aggregate,of shared parking. VC/Nolan asked if the proposed parking for this building would offer a reasonable walking distance to other businesses within.the shopping center. SP/Lee - explained that there is currently less activity on the north side of the shopping center and there are not many parking space utilized in that area so staff would not anticipate a problem with the new,three-story building. CDD/Gubman said that C/Nelson's observation regarding line of site was a good observation. The vantage point starts at a.higher elevation at the tree than it did for the two story building because the downward site line is at a steeper angle for the three story building than it is for the two-story building: What the applicant is attempting to show.is that the third floor parapet which' would have been,the railing for the balcony effectively cuts off the view angle when one is looking down. With respect to parking,where the former theater was located, the new multi-space building includes a large parking area that is essentially vacant and unused. Staff hopes the new development produces a little parking congestion to help.the other retail buildings and businesses, and staff is very comfortable there will.be no adverse parking issues due to the current inventory of underutilized parking. C/Shah said his opinion was that people in the building would be able to Look into the back yards of.the homes across Fountain Springs Road. There were no ex parte disclosures. Chair/Torng opened the public hearing. Peichin Lee, project. developer and Diamond Bar resident said she was present to answer any questions the:Commission might have and thanked them for, giving her the opportunity to move forward with the proposed project. She responded to Chair/Torng that she reviewed staff's report and JANUARY 11, 2011 PAGE 7 PLANNING COMMISSION concurs with Staff s recommendations including the most recent condition discussed this evening involving possible tree mitigation: Christopher Chung, 21470 Cold Spring Lane, felt the proposed use was compatible with the shopping center and would be a great addition and provide synergy to the northern end of the center. He is amazed that the City is able to attract a qualified developer who is able to get the financing to produce this type of development during these difficult economic times.` He believes the project has been thoroughly vetted and supports the project. Chair/Torng closed the public hearing C/Lee said he was in support of the project and stressed that the condition regarding the trees should be maintained to minimize the impacts to the street and to the residence on the opposite side of Fountain Springs Road. C/Shah moved, C/Lee seconded,to adopt the resolution recommending City Council approval of Development Review, Tentative Tract Map,.Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163, based on'the findings of Fact, and subject to the conditions of.approval as listed 'within the resolution, with the addition of the condition regarding tree mitigation as recommended by staff. Motion carried by the following Roll Call vote:, AYES: COMMISSIONERS: Lee, Nelson,.Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: ' None 8- PLANNING`COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nelson said .that in all of. his. years serving onand dealing with Planning Commissions he did not believe'he had ever experienced a Planning Commission that worked,together as well as this Planning Commission. Congratulations to all of his colleagues and to staff and Happy New Year to all. C/Shah said he concurred with C/Nelson and thanked staff for their expertise. He Wished everyone a prosperous New Year, .;VC/Nolan announced that she would be.resigning from the Planning Commission. She and her husband Dan have sold their Diamond Bar home and are moving away from the City. This is a-bittersweet'change for them and since their children have moved on itis time for diem to do so as well. 8le thanked staff for their exhaustive:` JANUARY 11,2011- PAGE 8 PLANNING COMMISSION help to the Commission and thanked her colleagues and M/Tye for their support and said it had been a pleasure to serve the City. C/Lee wished everyone a Happy New Year. He wished VC/Nolan well in her future ventures. C/Nelson said he and his colleagues would miss VC/Nolan. Her perspective on this Commission has been greatly appreciated and he thanked herfor her contributions. C/Shah said he would miss VC/Nolan,a great friend and colleague. Chair/Torng said it was an honor to work with everyone and said he would miss VC/Nolan. The Planning Commission is a great group and it is wonderful to have staff's support. 9. STAFF COMMENTSAN FORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects.: CDD/Gubman said staff learned of VC/Nolan's resignation earlier today and are sorry to have her leave. He thanked C/Nelson for his comments. CDD/Gubman has,been in this line of work for 21 years and this Commission is .the most enjoyable group to work with in his years of, service to four different cities. It is his privilege to serve as the Commission's staff and it means a lot to him to hear such kind words. CDD/Gubman stated that the. January 25 Planning Commission meeting would be canceled due to lack of agenda items_ and other staff business including conducting the City's biennial homeless count to get a sense of the homeless population and whereto allocate the homeless`services. When the homeless, count was taken in 2009 it was scheduled for, a Thursday evening from 8:00 p.m. until midnight and no homeless persons were found in the City. With the current economic climate, it will be interesting to find out " what changes in the upcoming homeless count. CDD/Gubman announced that the Winter Snowfest would be held. on Saturday, January 15 and if Commissioners:are attending theyare asked to come to the stage area of 11:00 a.m. for the welcome speech. Planners. Institute is 'scheduled for March 9-11, 2011.., Commissioners who wish to attend are asked to advise staff by February 1. CDD/Gubman asked Commissioners who no longer needed the three-story. office building plans to please return them,to staff to recycle and use for the .upcoming Council hearings in an effort to reduce. reproduction costs. JANUARY 11, 2011 PAGE 9 PLANNING COMMISSION CDD/Gubman stated that with respect to the new City Hall location, the conceptual 'design phase is complete and staff. is moving into the construction documents phase. The process is moving forward as planned and staff intends to move the operation to the new location by the end of 2011. Further, it is likely that most of the Planning Commission.meetings will be held in the new building except when there are large projects and larger audience participation is.anticipated. He wished everyone a Happy New Year. 10. SCHEDULE OF FUTURE EVENTS: As.listed in tonight's agenda. ADJOURNMENT: With no further.business before the Planning Commission, Chairman Torng adjourned the regular meeting at 8:03 p.m. to February,8, 2011 The foregoing minutes are hereby approved this.8th day of February,.2011: Attest: .Respectfully S itted, Greg Gubman Community Development Director ��orng, Chair'rfrart" Attachment 3 PLANNING COMMISSION RESOLUTION NO. 2011-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE PROJECT. NO. PL 2010-163 CONSISTING OF DEVELOPMENT REVIEW,TENTATIVE TRACT MAP, VARIANCE, PARKING PERMIT, AND COMPREHENSIVE SIGN PROGRAM. A DEVELOPMENT.REVIEW REQUEST TO CONSTRUCT A NEW 36,142 SQUARE-FOOT THREE STORY PROFESSIONAL OFFICE CONDOMINIUM BUILDING; A TENTATIVE TRACT MAP NO. 71396 TO SUBDIVIDE AIR SPACE FOR A 30-UNIT OFFICE CONDOMINIUM; A VARIANCE TO INCREASE THE BUILDING HEIGHT FROM 35 FEET TO 39 FEET; A PARKING PERMIT TO SHARE ACCESS AND PARKING WITH DIAMOND HILLS PLAZA; AND A COMPREHENSIVE SIGN PROGRAM FOR NEW SIGNAGE ON THE BUILDING LOCATED AT 2705 S. DIAMOND BAR BOULEVARD (ASSESSOR'S PARCEL NOS. 8285-020-096 AND 097). A. RECITALS 1. Property owner, Country Hills Holdings, LLC, and applicant, THL Investments, LLC, have filed an application for Project No. PL 201 0=1 63 to construct a 36,142 square-foot, new three story professional office condominium building located at 2705 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California (`Project Site"). 2. The following approvals are requested from the City Council: (a) Development Review to construct a 36,142 square-foot, new three story professional office building; (b) Tentative Tract Map to subdivide air space for a 30-unit office condominium; (c) Variance to increase the building height from 35 to 39 feet; (d) Parking Permit to share access and parking with Diamond Hills Plaza; and (e) Comprehensive Sign Program for new signage on the building. Hereinafter in this Resolution,the subject Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program shall be referred to as the "Proposed Project." 3. The subject property.is comprised of,two parcels totaling 0.94 acres: It is located in the Community Commercial (C-2) zone and is consistent with the General Commercial land use designation of the General Plan. 4. The legal description of the subject property is Parcel Map 18722 Lot 11. The Assessor's Parcel Numbers are 8285-020-096 and 097. 5. On December 31, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing:notices., were, mailed to property,owners within a. ; 700.-foot radius of the.Project site and public'notices were posted at.the .City's designated community posting sites. In addition to the published..and mailed notices,'the project site was posted with a display board. 6: On January 11, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 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. The Planning Commission hereby determines the Project to have less than significant effect on the environment. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). A Mitigated Negative Declaration incorporating a two. story: retail/office building on the subject property was approved on December 6; 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in intensity with the revisions to the previously approved project.' The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall square footage in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad. Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would. have a less than significant effect on the environment. The proposed change of this property from a two story retail/office building to a three story office. building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have' been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of.an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. Q. FINDINGS OF FACT Based on the findings and-. conclusions set forth herein and _as prescribed under Diamond Bar.Municipal Code (t)BMC) Sections 22.48, 21.20.080, 22.54, 22.30.050; and 22.36 060.this.Planning Commission hereby finds and recommends as follows: 2 Planning - -Commission Resolution No 2011-03 Development Review Findings (DBMC Section 22.48) 1. The design and layout of the proposed development are, consistent with the general plan, development standards of the, applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); The proposed new three story office building is consistent with the applicable elements of the City's General Plan, City Design Guidelines and development standards by meeting all of the required setbacks, except the building height. The proposed building has been designed to be complementary to the existing renovated buildings within the shopping center and its massing has been skillfully designed to fit the site and its surroundings. The third floor has been stepped back an additional five feet, six inches to reduce the building mass as viewed from Fountain Springs Road. The project site is not a part of any theme areas, specific`plans, community plans, boulevards or planned developments. .2. The design and layout of the proposed development will not interfere with the . use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; The proposed new three story office building will not interfere with the use or enjoyment of neighboring existing or future developments because the use of the project site is .designated for commercial uses and is within an existing shopping center. In-addition, the third. floor has been stepped back an. additional five feet, six inches to reduce the building mass as viewed from Fountain Springs.Road. The,proposed,new office building will not interfere with vehicular or pedestrian movements, such as.access or other functional requirements. A supplemental traffic study concluded that the proposed project would not cause any intersections or street segments in the vicinity to operate at an unacceptable level of service. All intersections and roadway segments will. continue to maintain an acceptable level of service. In addition; a condition isadded to the project requiring the applicant to.submit a reciprocal parking agreement with Diamond Hills Plaza for the use and access`of all common roads, driveways, parking, and easement areas, prior to the issuance of building permits. 3.. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the generalplan, or any,applicable specific plan; ."The. new office building is designed to be compatible with the character of the neighborhood, and incorporated architectural details and colors to match the existing renovated buildings within the shopping center. 4 The design.of the proposed development will provide a desirables environment for its`occupants. and visiting;public .as well as its. neighbors,through good aesthetic `use. of materials,. texture.:and :color, 'and, will remain aesthetically' appealing;` 3 Planning Commission Resolution No.2011-03 The design of the new office building is a contemporary style of architecture to match the existing renovated buildings within the shopping center. Variation in the building elements has been achieved through the utilization of varying architectural features such as towers and balconies, building colors and materials; and landscaping. The project has a balance, involving well- proportioned masses and features. 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious. (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed Project is required to comply with all conditions within the approved resolution, and the Building and Safety Division. and Public Works Departments, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project will have less than significant effect on the environment. - A Mitigated Negative Declaration incorporating a two-story retail/office building on the subject property was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in intensity with the revisions to the previously approved project. The elimination of the three story medical office building and replacement of the theatre building.with a smaller inline shop building reduced the overall square footage in the shopping `center, even though the proposed three story professional office building is larger than the'previously approved two story retail/office building approved on this pad. Pursuant to the provisions of Article 11, Section 15164; an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental.analysis, it was determined that, as conditioned, the proposed project would have 'a lessthan significant effect on the environment. The proposed change of this property from a two- story retail/office building to a three-story office building would not generate environmental impacts substantially different from those: .indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. Variance Findings (QBMC Section 22.54) 1. There are special circumstances` applicable to- the property (6:,g.,. location; shape; size; surround'ings,'topography,. or other conditions),, so that the strict Planning'Commission Resolution No:2011-03' application of this development code denies the property owner privileges enjoyed by other property owners .in the vicinity and under identical zoning districts or creates an unnecessary, and non-self-created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards; The subject site has a grade constraint where the existing pad is five-foot below the street. , The existing two story office building on the corner of Fountain Springs Road. and Diamond Bar Boulevard is on a higher pad than the proposed office building pad. Therefore, these constraints contribute to the poor visibility of the existing buildings in the shopping center; including the proposed office building. No other existing shopping centers in the City have this visibility problem. Furthermore, the existing buildings 'within the shopping center have various towers that range from 40 to 50 feet. Due to the grade constraints that exist and that no other shopping center experiences, the strict application of the development code denies the applicant.of the same privileges enjoyed.by property Owners of other shopping centers. 2. Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the` property owner for which the variance is sought; A variance is requested to increase the building height from 35 feet to 39 feet. The site is unique because it is part of an existing shopping center that is constrained by a grade difference from the street._.The existing pad is currently five=foot below Fountain Springs Road. The existing two story office building on the corner of Fountain Springs Road and Diamond Bar Boulevard is on a higher :pad than the proposed office building pad. Also, the roof line of the existing adjacent building. is nearly at the same level `of the proposed three story building.' Therefore, these constraints contribute to. the poor visibility of the existing buildings in the shopping center, including the proposed building. No other existing shopping centers in the City have this visibility .problem. Furthermore, the existing buildings within the shopping center have .various towers that range from 40 to 50.feet. Due to the grade constraints that exist and that no other shopping center experiences, the strict application of the development code denies the applicant of the same privileges enjoyed by property owners of other shopping centers. 3. Granting the variance is consistent with the general plan and any applicable specific plan; The Variance is consistent with , the general plan as it will allow for the development of an office building that.is in scale with the surrounding buildings.' The site is not located within a specific plan. 4. The.proposed entitlement would not be detrimental to the public interest, health; safety,convenience, or welfare of the city; and `5 Planning Commission Resolution No.2011-03 Before the issuance of any City permits, the proposed Project is required to comply with all conditions within the approved resolution, and the Building and Safety Division, Public.Works Department, and L.A. County Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project will have less than significant.effect on the environment. A Mitigated Negative Declaration incorporating a two-story retail/office building_ on the subject property was approved on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as a whole. There is a net reduction in intensity with the revisions to the previously approved project. The elimination of the three story medical office building and replacement,of the theatre building.with a smaller inline shop building-reduced the overall square footage in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad: Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the development of the proposed project. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have a lessthan significant effect on the environment: The proposed change of this property from a two- story retail/office building to a three-story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance, the Planning Commission makes the following findings: 1. The proposed subdivision,- together with `the provisions- for its design and improvement, is consistent with the general plan and any applicable specific plan; The proposed project involves the condominium subdivision of the site with.30 office units, and approximately 0.66 acres of parking areas, driveway easements, and landscaping. The General Plan land use designation for the site is General Commercial '(C). The proposed project is consistent with the General Plan land use designation.: .The project site is not a part of any specific plan. 6 Planning Commission Resolution No:2011 03 `2. The site is :physically suitable for the type and proposed density of development; The proposed condominium subdivision will be consistent with the General Plan land use designation.of General Commercial; which allows for the development of 30 office'units in a 36,142 square-foot building. The building will have a ten foot setback from Fountain Springs Road.and is located within an urbanized . area adequately served by existing roadways and infrastructure.. Therefore the property is physically able to accommodate the proposed development. 3. The design of the subdivision or the proposed improvements will- not cause substantial environmental damage or injure fish or wildlife or their habitat; The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habitats or would otherwise injure fish or wildlife or their habitat. 4. design of the.subdivision The desig ion or type of improvements will,not cause -serious public health or safety problems; The proposed subdivision' or type of improvements are. not' likely to cause senou's public.health or safety problems because.the existing site is located'in an urbanized area and is consistent with 'other" similar improvements in the area. 5. The design of the subdivision or typeof improvements will not ,conflict with easements, acquired by the public at .large for access through: or use of, property within the proposed subdivision. The site has.existing utility easements..with the existing.shopping .center. In addition,..a .condition is added to-the project requiringthe applicant to submit a reciprocal parking agreement with Diamond Hills.:Plaza for the use and access of. all common_roads, :dnveways, parking, :and easement areas, prior to .the issuance of building.permits: ; 6 The: discharge. of sewage from the proposed subdivision into the community sewer system..would' not result in violation of existing.requirements prescribed by the California Regional Water Quality Control Board; A Mitigated Negative. Declaration incorporating a two-story retail/office building on:the subject property:was approved on December 6,.2005. Impacts that Were analyzed in .the Mitigated Negative Declaration for the previously approved project as a whole, would not differ substantiallyfrom the proposed change and. would be less than significant from the previously.,approved:project as a whole. There is a .net reduction in intensity with revisions to the previously , .. `approved_project. The elimination of the three story it 0dicaI office building and ;replacement of:the;theatre building with.'a smaller,lnhne.shop building reduced the'overalf square footage.:in the; shopping center, even though the proposed`, 'threestory professional office building:is: larger than the previously approved ; . two sto retail/ofce buildin a roved.6n this ad: ry ,. 9. PP P IPlanning Commission Resolution No.2011-03 �: Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was. prepared' to evaluate the potential environmental impacts that may result from the development of the proposed project. .Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed project would have a less than significant effect on the environment. The proposed change of this property from a two- story retail/office building to a three-story office building would not. generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. Therefore, no further environmental review is required. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions; and The existing pad has already been graded. Further grading will be constructed, operated, and maintained in accordance with the recommendations contained in the preliminary geotechnical investigation to assure that geotechnical stability is maintained or increased. 8. The proposed subdivision is consistent with all applicable provisions of the City's subdivision ordinance, the development code, and the subdivision map act. The proposed subdivision is consistent with the City's subdivision ordinance, subdivision map act, and applicable development code. Parking Permit Findings (DBMC Section 22.36 060 1. The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved; and The existing gross floor area of the shopping center excluding the AAA office building is 158,922 square feet, therefore, requires 530 parking spaces. The AAA office building is 20,000 sq. ff., therefore, requires 50 spaces. A recycling facility occupies 3 spaces, and there are specialized education and training uses as well as foot massage services that require additional parking demand. The existing shopping center with the proposed new building will be required to Th.provide 739 spaces. Terwill be 926 spaces, and will exceed the requirement by providing a surplus of 187 spaces: 2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of.`off-street parking requirements for shared uses). When .reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services, and retail uses. The different uses result in a range of peak business ,hours and parking demands. The.supplemental traffic and parking assessment states that the peak hours and parking needs do not conflict with existing.uses, allowing for .8 Planning Commission Resolution No,2011-03 adequate parking for each use within the shopping center. Due to this, staff does not foresee any parking issues resulting from' the proposed use. The existing parking supply is adequate and can accommodate the proposed office , ,building. In addition, the north end of the -shopping center'is not heavily congested or utilized. Comprehensive Sign Program Findings (DBMC Section 22.36.060) 1. The comprehensive sign program satisfies the purpose of this chapter and the intent of this section; The comprehensive _ sign program satisfies the purpose and intent of the development code by integrating the signage with the design of the building and having specific requirements for:signs proposed for the building. 2. The signs enhance the overall development, are in harmony with; and are visually,.related to other signs included in the comprehensive sign program and to the structure and/or uses they identify;'and to surrounding development; The proposed comprehensive sign program enhances the overall development bylimiting the signs a to the first floor in front of the building, building name and address. All signage is limited to a single line of text,. with a,maximum of 18= inches in height. The.,proposed signs are individual channel letters, illuminated using r E.D. .lighting. .All sign lighting power sources shall be located at the buildin interior,— above the finished ceiling. Colors are limited to blue g " g. and red with black trimcap and returns. The.proposed signage is appropriate with the building.and is complementary to the signage in the shopping center. All other, sina e for all units in the g g building will.be inside the lobby.: To provide pedestrians better awareness of other tenants and directions around. the shopping center, a wayfiriding study is 'incorporated into the signage' program. The proposal is to install four directional signs throughout the shopping center.- The new directional signs will make it easier for the public to access all areas of the.shopping. center including the proposed new building, thus,.creating.a more.,walkable and pedestrian-friendly shopping center.` 3. The comprehensive sign program accommodates future revisions which may be:required due to changes in uses or tenants; and The comprehensive:sign program :accommodates 'future: revisions by having changes,minor y the Community Development Director,. and anma or chan1e seto'be rete ewed b the Plannin Commission. . y 9 . 6y 9 4 The comprehensive sign program complies with the standards of this chapter except,%that flexibility Js allowed.:witii: regard: to sign area, ;number;: location; Mahe /overalg devefo rrient antlaw li th:emooe pullh acco sign program will ,enhance f this -cha ter y, :mp P.. - 9' :.. ". Pianning Commission FR olutwrl,No:,2o11-03 The comprehensive sign program complies with the standards.of Chapter 22.36 and will enhance:the overall development through consistency with the City's Design Guidelines for commercial signage, uniformity and.`easy identification of the signs, and neighborhood compatibility. Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 22.48, 21.20.0801 22.54, 22.30.050, and 22.36.060 this Planning Commission hereby finds and recommends that the City Council approve the Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program, subject to the following conditions, and the attached Conditions of Approval: A. GENERAL 1. The development shall comply with the Conditions of Approval attached hereto and referenced herein. 2. Prior to the issuance of building permits, the applicant shall submit a reciprocal access and parking agreement with Diamond Hills Plaza for the use and access of all common roads, driveways, parking, and easement areas, subject to the approval of the Community Development Director. 3. The applicant shall ensure that the existing pine trees located on the subject property along. Fountain Springs Road are protected in place during and after construction and shall be maintained as follows: a. Minimum Pruning: Standard pruning shall 'consist of "Crown Cleaning" as defined by the International Society of Arboriculture (ISA) Pruning Guidelines. Trees shall be pruned to reduce hazards and develop strong, safe framework. b. Maximum Pruning: No more than one fourth (25 percent) of the functioning leaf and stemarea may be removed within a calendar year of.any tree designated as being protected, or removal of foliage so as to cause the unbalancing of the tree. c. Root Protection: Roots that are encountered shall be cut back- to sound wood and repaired (i.e., repaired root shall be cut back to sound wood and covered with either a plastic bag secured with tape or rubber band or, coated with latex paint). Roots *2 inches .and greater must remain injury free: If, for any reason, it should ever become necessary to remove any of the aforementioned trees; the applicant or successor(s).in interest shall apply for and obtain approval of a tree removal permit from the . Planning ,Division and concurrently.notify the owners of the single family residences .along Fountain Springs Road, directly across.the street from the subject property, of the proposed tree removal... Trees shall be replaced as directed by the Planni o'Division to re-'establish, ; 10 ` .Planning Commission Resolution No.2011.03 the visual buffer and screening of the three story office building that.' - existed, prior to :the removal of the tree(s) in question. Unless an imminent health or safety threat necessitates the immediate.removal of the'tree(s), no'tree shall be removed prior to .approval of the applicable tree removal permit. The abovementioned tree protection and mitigation requirements shall be incorporated, into the CC&Rs for the Project Site. 4. Provide tree wells within the parking lot and planted with a small slow growing tree: 5. All landscaping .on the site .shall comply ,with the City's Water Conservation Landscaping Ordinance. No. 02(2009), 6. A permanent maintenance program shall be implemented ensuring regular, irrigation,,fertilization, and weed removal. All landscaping shall. be maintained in a healthy, neat and orderly condition; free of weeds and debris and with operating irrigation at all times. 7. All visible vents,gutters- ,'down' spouts;flashings, and the like shall match the color.of the building. 8 All mitigation measures required 'as part. of an approved Mitigation Monitoring Report and Program (MMRP):for this entitlement are hereby, adopted and included.as requirements of this.-ntitl.ement. Where conflict or.-duplication', between the MMRP .and the Conditions` of -Approval. occurs, 'the Community Development: Director shall determine compliance so long as it does not conflict with the California Environmental'Quality Act (CEQA) and'the_ more restrictive measure or condition applies. B. TENTATIVE TRACT CONDITIONS " 1 The' development shall mitigate or eliminate environmental problems identified.*through the environmental review process, except where 'a statement of overriding considerations has been adopted in compliance. with CEQA, 2. The development shall carry out- the specific` requirements; of Chapter 21,..30. (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and'Agreements) of the Subdivision. Ordinance; . 3. The development shall secure compliance with the requirements of.the Subdivision Ordinance and the General Plan; 4. . Any .designated remainder_parcels shall not be subsequently sold or further:-subdivided. `unless a certificate or conditional ;certificate` of: compliance (Chapter 21.28).: is obtained., in. , compliance .with the Subdivision Ordinance; Planning commission Resolution No;2011 03' 5. Prior to the issuance of building permits, the Covenants, Conditions, and Restrictions (CC&R's) that govern the 30 units within` the building shall be reviewed and approved by the City Attorney. 6. Group mailboxes shall be fully treated with 'architecture,and/or landscape screening to the satisfaction of the Community Development. Director if provided at the exterior of the building. C. ENVIRONMENTAL MITIGATION CONDITIONS 1. The following measures should be implemented during demolition and construction activities, consistent with South Coast Air Quality Management District Rule 403 in order to reduce PM10 and PM 2.5 emissions: ® Water exposed surfaces frequently (as necessary) to prevent fugitive dust; ® Coverall stockpile of soil/fill with tarps; and o Cover loads of soil/fill on trucks hauling dirt. 2. The following measures should be implemented to reduce, equipment emissions and limit exposure to diesel particulate emissions: All diesel trucks should be fitted with particulate filters and traps; and All construction workers should be advised to wear masks when working near diesel equipment or diesel trucks. 3. If during grading archaeological resources are encountered, construction activities in the area of the find must_ be immediately suspended and the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. 4. If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Los Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the corner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission for consultation. 5. The construction contractor shall abide by all requirements of the City Code related to noise, as specified in DBMC Chapter 8.12. Planning Gammission Resolution No:2011'-63 6. The City shall restrict demolition and construction operations to within the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday....No_construction activities shall take place outside of these hours or on the weekends or holidays, unless emergency measures are required: The Planning Commission shall: (a) Certify to the adoption of this Resolution; and, (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: THL Investments, LLC, 17528 Rowland, City of Industry, CA 91748. APPROVED AND ADOPTED THIS 11T" DAY OF JANUARY 201 1', BY THE PLANNING COMMISSION OF THE CITY OF.DIAMOND BAR. BY: j ny Torng, Chai�ma-r-' I, Greg Gubman, Planning Commission Secretary, do hereby certify .that the foregoing Resolution was duly. introduced, passed; and adopted by the Planning Commission'.of the .,City of Diamond Bar, at a regular meeting of the Planning Commission held on the 11th day of January 2011, by the following vote: AYES: Commissioners: Lee, Nelson, Shah, VC/Nolan; Chair/Toxng NOES: Commissioners: None ABSTAIN: Commissioners: None ABSENT- Commissioners: None ..ATTEST:. . .Greg.Gubman, Secretary. nd CSP PL 2010-163:: a `:,T' COMMUNITY DEVELOPMENT DEPARTMENT T AN U L;1% "A R% [0) N UITUNb USE PERMITS, COMMERCIAL AND RESIDENTIAL - NEW AND REMODELED STRUCTURES PROJECT #: Development Review, Tentative : Tract Map, Variance Parking Permit, and Comprehensive Sign Program No. PL 2010-163 SUBJECT: To construct a 36,142 square-foot new three story professional office condominium building. A Tentative Tract Map to subdivide air space for a 30-unit office condominium, a Variance to' increase the building height from 35 feet to 39 feet, a Parking Permit to share access and parking with Diamond Hills Plaza; and Comprehensive Sign .Program for new sign8ge on the . building: PROPERTY. County Hills Holdings, LLC; 8115 Preston Road, OWNER(S): Suite 400; Dallas, TX 75225 APPLICANT: THL Investments, LLC, 17528 Rowland, ` City of Industry, CA 91748 - LOCATION: 2705 S. Diamond Bar Boulevard, Diamond Bar, CA.91765 ALL.OF.THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING" DIVISION AT' (906) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING. CONDITIONS: A.:— . GENERAL REQUIREMENTS 1. In ;accordance with Government-Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City,`and its officers, 'agerits and. employees, from any claim, action, or''proceeding to attack, set-aside, -void or, annul the approval of Development Review and .Variance .No' PL 2010-163 14 Planning Commission Resolution No:2011-03 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at,the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding,and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this: Development Review, Tentative Tract Map, Variance, Parking ,Permit, and Comprehensive Sign Program No. PL 2010-163 at the City of Diamond Bar Community Development Department, their affidavit. stating .that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No: 2011-03, Standard Conditions; and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all partied involved in the construction/grading activities and are not required to be wet sealed/stamped by a.licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions.of Approval shall be submitted for Planning Division review and approval. b. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7'. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other,`applicable Federal, State, or City regulations. 8: Approval of this request shall not waive corrmpliance with all sections of the Development Code, .all other applicable City Ordinances, and .any applicable Specific Plan in effect at the time of building permit issuance: d. 9 All..site, grading,. landscape/irrigation, roof, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, 15 . <. Planning Commission Resolution No.'2011 03 tree. removal, .encroachment permit, etc.,), or approved use has, commenced, whichever comes first.. 10. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval: ,11. The applicant shall comply,with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant' hall,pay. development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to'issuance of building permits, as required by the City. School.fees as required.*shall be. paid prior to the;. issuance of building permit. In addition the applicant shall.pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no.deficits: C. 'TIME LIMITS 1. The- approval of Development Review, Tentative` Tract Map;` Variance, and Comprehensive Sign.Program shall expire within three (3) years from the date of approval' if the.use. has not;been exercised as defined:per DBMC Section 21.20:140 ,and 22 66.050(b)(1).._ The applicant may request in .writing a' one year time extension subject to. DBMC .Sections 21:20.150 and 22.66.050(c) for City Council approval. D. SITE DEVELOPMENT �.1i The, ro'ect site,shall be developed m and aintained in substantial conformance p J With the, approved :plans submitted to, approved,''and :`amended herein by the Planning Commission; on file with the Plannirig Division. site plans; floor plans,. architectural elevations, and landscaping file in the ,Planning Division; the. conditions contained herein' Development Code regulations. 2. All ground-mounted utility appurtenances such as'transformers; air conditioning condensers, etc.; shall.be. located out of public view and adequately screened through the use'of a.combination`of concrete or masonry walls, berms, and/or landsca in to the satisfaction of the Planning Division P 9 3' All roof mounted.equipment shall be screened from`public view. 4 All .structures, including walls, trash `enclosures;. canopies, jetc., shall be, tna.intamed m `a structurally sound, 'safe `manner ,with` a: clean, orderly. appearance. All' graffiti shall: be removed:.within 72' hours by the property :owners/occupant.,... 1:6 Planning Commission Resolution N9.2011 03 : • r 5. No occupancy permit can be granted; until all improvements required by this approval have been properly constructed, inspected, and approved. 6. If any aspect of construction requires the use of an easement.on a third party's property or the use of an easement granted to a third party on the .applicant's property, the - applicant must provide the City with correspondence/proof documenting that the easement has been granted before any building permits will be issued. 7. Prior to placement of any construction trailers, the applicant shall submit a ,site plan showing placement of the construction trailers and shall agree to abide by all conditions of approval required by the Community Development Director: 8. Prior to issuance of a building permit, the location, size, and screening of all building utility service connections, including water, gas, and electric service, fire service, and irrigation connections shall be approved by the Community Development Director. All changes to building utility connections shall be approved by the Community Development Director prior to construction. Building utility connections shall be located, sized and screened in such a manner that they have the least possible impact on the design of the building and site. The architect of record shall be directly involved in the design and placement of all site and building service connections and shall sign all plans submitted to the City which locate, size and/or screen utility connections. 9 Additionalplant materials maybe be required by the Community Development Director and shall be planted .prior to final occupancy in order to screen utility connections; valves, backflow devices, and all above ground appurtenances, etc., to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected: 10; All parking spaces shall comply with the standards for adequate depth; width, and turning radius as set forth in DBMC Section 22.30.070. E. SOLID WASTE 1 The siteshall be maintained in a condition, which is free of debris both during andafter the -construction, addition, or -implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during . or subsequent to. construction shall be done only by the property owner, applicant or by'a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and, disposal of solid waste: from residential, commercial, construction, and industrial areas .within the City. ` It shall be the applicant's obligation to insure that the waste contractor used has obtained:permits,from the City.of Diamond Bar_to'provide such services. ` 17 Commol ission'Resulion No 2011,=03 Planning '=.. 2. Mandatory solid waste disposalservices shall be. provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1: In 'accordance with Government Code: Section 66474:9(b) (1), the applicant shall defend, indemnify, and hold harmless the City; and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Tentative Tract Map No. 71396 brought within the time period provided by Government Code Section. 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: aO Appli6ant shall provide a defense to the City defendants or at the City's option reimburse the City .its. costs of defense, including reasonable attorneys.fees, incurred in defense of.such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants: The City shall,promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the.defense thereof.. APPLICANT SHALL CONTACT :THE PUBLIC WORKS/ENGINEERING DEPARTMENT, . (909),839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL` 1 A title report/guarantee,showing all fee owners, interest holders, and nature of interest. shall_ be submitted for final map plan, check. An updated title . report/guarantee and 'subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. 'Prior to final map approval;'written certification that 'll utility, services and any other service related to the ,site:shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be,issued by the district, utility and cable television company, within ninety (90) days prior oto final map „ approval 4. Prior to final map approval, applicant shall submit to'the City Engineer the.detail. ' cost estimates for bonding purposes of all public.improvements. 18 Planning Commission Resolution No 2011 03 5. Prior to final map approval, if, any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and. shah. post the appropriate security. 6. Prior to final map approval all site grading, landscaping, irrigation, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 7. Prior, to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 8. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City.Engineer. The CC&R's shall also include all provisions permitting cross lot drainage. 9. Prior to any work performed in the street right-of-way, fees shall be paid and an encroachment permit shall be obtained from the Public Works Department in addition to any other permits required. 10. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 11. Easements, satisfactory to the City Engineer and the utility companies, for public utility and, public services purposes shall be offered and shown on the final map for dedication to the City or respective utility company. 12. After the final map records, applicant shall submit . to', the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of'the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 13. Prior to occupancy, the applicant shall provide to the City as, built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 14. Applicant shall contribute funds to a separate engineering trust.deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on .an 'hourly basis and shall include. any City administrative costs. 15_ Applicant shall provide digitized information in a format defined by.the'City for all related.plans, at no cost to the City. 16. All activitieshm rovements ro osed for'this m s a p p p ma 'hall be wholly. contained vvithin the boundaries of the map. Should any off-site activities/improvements 19 Planning Commission Resolution No.2071-03 be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. 17. Prior to final map approval, the applicant shall submit a proposed address assignment plan for each unit for review and"approval by the Public Works Department: B. GRADING 1. No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation or grading permit issuance, whichever comes first. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council.' 2.. Prior to beginning any grading activities, appropriate rodent barriers shall be installed around the perimeter of the project,.site to prevent the migration of rodents to existing residential and commercial sites. A plan detailing the proposed rodent i barriers to be used by the' developer/contractor shall be submitted to the Public Works/Engineering Department for review. _ 3. Retaining Walllocation the Publilc be shown Works En nneergradDe plan' and submitted'with a soils report t _ . g g p or review and approval concurrently with the grading plan check. 4. Exterior grading and construction. activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to betWeen the hours of 7:30 a.m. and 5:30 p.m:, Monday through Friday. Dust, generatedby grading and: construction activities shall be ,reduced by watering the soil prior and during the.activities and in accordance with South Coast Air Quality Management District Rule 402 and,Rule 403. Reclaimed water shall be utilized whenever possible. In addition, all construction equipment shall be properly.muffled to reduce noise. levels. 5. All equipment staging areas shall be located on the project site. Staging area;: including material stockpile and equipment storage area, shall beC enclosed within a six foot-high`chain link fence. All access points in the proposed development shall be locked whenever the construction site is not supervised. 6. Grading of the subject property shall be in .accordance with the :California Building CodeCity Grading Ordinance, Hillside Management` Ordinance .and acceptable grading practices.:. 7.: At the time of submittal.of the 40-scale grading plan: for plan check, a detailed soils and geology report shall be submitted to the :City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State,of.California. Prior to the issuance of a..grading permit, the' report ,shall address; but`not be limited to the following if applicable: 20 . Planning Commission Resolution No:2011-03 > a. Stability of all proposed slopes shall. be confirmed by analysis as' approved by the City Engineer. b. All geologic data including landslides and exploratory excavations must be shownon a consolidated geotechnical map. using the 40-scale final grading plan as a base. C. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 8. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City. Engineer and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to,the satisfaction of the City Engineer. 9. Final grading pians shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial , earthwork specified in the final report shall be incorporated into the grading plans. 0 Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered - Engineering Geologist and approved by the City Engineer. 10. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post-construction activities respectively: 11. - An erosion control plan shall be approved by the. City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 12. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 13.' Prepare a horizontal control plan-and submit concurrently with.the grading plan for review and approval. 14.' Prior to the issuance of Building Permits, a pre-construction .meeting must be. held at the project site with the grading contractor,applicant, and city grading inspector at.least 48 hours prior to commencing grading operations. 15. Rough Grade certifications by project soils and civil engineer and the as-graded geotechnical report shall be submitted prior to issuance of building permits for. . the foundations of structures. Retaining wall permit may.be issued without a rough grade certificate. 16. Final Grade certifications by project soils engineer and civil engineers shall-be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. :. 21 Planning commission Resolution No 2011 03 C. DRAINAGE 1. All drainage improvements necessary for dewatering. and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may beisubject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested.' 2. All storm drain facilities plans shall be plan checked by the City Engineer and all fees required shall be paid by the applicant. 3. , A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer prior to grading permit issuance. 4. Prior.to the issuance of a grading permit,-a complete hydrology and hydraulic study shall be prepared by a CiviF Engineer registered in the State of California to the atisfaction of the City Engineer. 5. A comprehensive maintenance plan/program shall be submitted concurrently with the 'storm drain, plans. to the Public Works/Engineering Department for review and approval by the City Engineer. 6. Identify where all roof drains will outlet on the drainage plan. Where::possible, roof drains shall outlet into landscape areas. 7: Finished ground swales within 10' of the building shall have ' minimum slope of 8`. Drainage facilities shall be not installed in any easements unless permission from the easement holder has been obtained: D. STREET IMPROVEMENT 1. Theapplicant shall replace and record any centerline:ties and monuments that are removed as`part of this construction with the'LW, Angeles County Public Works Survey Division, 2. Prior to the issuance of any City permits, the applicant,shall provide written permission to.the;satisfaction of the City from any property ownerswhich.will be, affected b offsite radm Y g g. 3. Prior to building occupancy; applicant shall construct base and pavement for all arkin and rivate'drive areas"accordance with soils report' re tired b a ' P d P p P p Y . California registered soils .engineer'and approved by.the City Engineer or as otherwise directed by the City Engineer:' 4. Any damage that is caused .to the Public nght-of way by:construction activities will be the responsibility of the contractor to repair to the satisfaction of the City Engineer. . 22 �.. : Planning.Commission Resolution No 2Di1 D3 : E. UTILITIES 1. Easements,` satisfactory to the City. Engineer and the utility companies, .;for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication. 2. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve. the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 3. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 2.1 of the City Code, including water, gas, electric power, telephone and. cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer: 4. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS 1. Prior to final map approval, applicant shall submit a sanitary sewer area study to the City Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. ` If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the City Engineer. 2. Applicant shall obtain connection permit(s) from the City and Los Angeles County Public Works Department. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system.in accordance with the City Standards prior to occupancy. G. TRAFFIC MITIGATIONS (NOT APPLICABLE) APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,. (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1: Plans shall conform to. State and Local Building Code (i.e., 2007 California .'.Building Code, California Plumbing Code, California MechanicalCode, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. . 2:: Application for which no:permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for 23. Planning Commission Resolution No.2011 03 review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not,commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair,- alteration, or demolition :work shall be conducted Monday through Friday between the hours of 7:30 a.m. and 5:30 p.m. 5. Occupancy of the facilities shall not commence until such time as all Building Codes and State Fire.Marshal regulations have been meta The buildings shall be inspected for compliance prior to occupancy. 6. The minimum design load for wind in this area is 85 M.P.H. exposures "C and the site is within seismic category (D). The applicant shall submit drawings and prepared y Engineer with wet calculations re ared b a.California .State licensed Architect/ stamp and signature. 7. This project shall comply with the 2008 California Energy Code,requirements of fihe State of California Energy Commission. m 8. In order to accurately onitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor.or> by a licensed demolition `contractor subject to `compliance withspecific permitting . and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will. . be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. 9. This project shall comply with al Accessibility Code requirements. including accessible, parking, path of travel, elevators, restrooms,. drinking fountains, etc. Provide compliance with "van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 10. . Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 11. Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 12. A height survey may be required at completion of framing: 1.3. Provide exit analysis showing occupant load for. each space, exit width;:exit signs, etc. 24 Planning Commission Resolution No.,2011-03. r 14. . Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a: . Each building square foot b. Each building height c. Type of construction A. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/opening protection 15. Verify adequate exit requirements. The distance between required exits shall be Y2 of the building diagonal. 16. All balconies shall be designed for 601b. live load. 17. Indicate all easements on the site plan. 18. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under-floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion-resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped With sash or door. 19. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification: 20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Specify location of tempered glass as required by code. 23. Specify 1/4"/ft slope for all flat surfaces/ decks with approved waterproofing material. Also,provide guardrail connection detail (height, spacing, etc.). P lanning Commission Resolution No 2011-03' - APPLICANT SHALL.CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum28 foot at all times. during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is'available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be .provided and maintained serviceable throughout construction. END 26, tanning Commission Resolution No:2011-03: Attachment 5.l - TENTATIVE TRACT NO. 71396 -0!L U QClI4WD WG . ate 6px iamfYV�nn M• S�Ea 0�i 11015, mnnixl,nuK tvmrta'aia v: - 0.�' DRAINAGE CONCEPT/SUSMP fiuL•(114}ni-7090 rm�m r�as x ,amr ravaa e• � � �.' / [moi u FNL%mmwr,u0 - O-LJ - IN THE CITY CF DIAMOND BAR,COUNTY OF LOSS ANGM 1800s Nosox MRM,p" O W - ,W tk a 91790 STATE CF CALIFORNIA TEL No_me-oix u � � PAfi�7.tl Cir PAfifEl YM M1 18712 1V kf 07Y 11r(YAYWD BAR iXYM7Y CM'tCK AAYYLIS STALE Or - � t v rai f - z - U U - CACA`114AYA,AS PER YAP aW IV BPOY 1AT,PMS 23 TO X BXYIL4FE CIF PARCES YAPS N niE MAX lir Bl£ � ' 20Ne o- - - - CYKNTYRPL'CI'B.LR C',SAD CYXNIY. 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O FOAM CORNICE MOLDING q> - - �J `r""••�v - KEYNOTES tzmmc mmrt nfnw mvmi mort neatx Im w mGmi wmc v/]/ -" +nammw eJ.uc uamc emm]+ouawa _ vum roars "Ol mm wm+amei em]sGut Imrt O3 mw wm amw eaxma+u Imre n-+a OS -. mw mm6sl e'mem—1 7O ..m�wa+mw vnv�nw].Imc v/mx O9 ealA m maoG amex m�rm 11 . ^SVG YniF;. .1W(S IAC GAn0.+IAIDI G160i PPnl6.al:1 IIDrt 5lIm] �QGGG2VG&' .' .: : " ' 2 um mmmrt nAmx Donau sm¢ - wmrr.rm ma� .sm trmrt m-a mx o®num xars ami u]m wu ,]!+'xsx .. O mce wm+ ima mrym O n emam smx vmm venom O.cone wm im+mu GgLS w O- aus alae®wm,w raw uG 10 m uvGi.m�em]c arow�c mmm 1© - _ tIDO11df tlGSL4' DSRF 9NPN0[DiM WG eeY�O.IIG A-202^^ ^^ . '.. ... . - Q _ 6 tri (: - �...._ _ ;SS^�•� .""' �yrG#� `'r '' 'Itn „/t _zz { Ui: ST u2c.. �'"'i'- Car -_{.:+1 2 r� .]:: Pr^^l.q .. '.• _t• - r r m t AI Tj�it ;,��I 1 Ir -_ � 'y. �L. �• -,i, s.zr11,- I a 2 i r:„....� ,z-'„�•' .�,:�'is��. i 'a}` r rani:.' ��t._ .._ S'. --F�i&w•, +��ln_ T'� 'y"�•"3.=_:ji:�9f5+H• �i�ztjt �} "��• .� � _ _ �� r y�. �',��a�� 'l* F .atL.;�r; �� ` h� rdr>< yM _ tr-� }a� _ "�•,-.— J.-. =� -�,=-t '^j_cam. Am.vr h o-wr..��m� .. Nilry( .. n 3:ft y � ,�� _ C9 tsN F.�,lk� � �.� _ - .yz+, - -*� -ri- �,�� "' � ;�' " x r�Yet ;.:-f +� "'"_ ��ir�'°' £ � �'�'g � ��.�: ;. .. � Z �.o=...a r,..,...,....W:•• �'i�� -t w p dk"-.. k tl' �4 -Fh sy'•. s ,:r _ C a i-i.,.a ;:. s1(Ur' c.t:. DIAMOND STAR 's' ,sl{r,,•,I-..-,-.=,L.i X �. ...0 OFFICE BLDG .•^:i r t<A,..v .. - {. 1 F..� F g ;pS, .}.jt 1` iz. r� A i„1 nt a �c• 11 ' 'S„a�?�fi� '""]1 ' ,��ytrry r ,•�X _ i �� O•�ll�{,�;�lil SPtCI Csl� I., t _ 'r� r+ , f. _ _ i �mss c. ,�” 1``.�L.:'y-•d'�r'�" zL'F' f t! ht/ r w�r -at�;u t"+;' �. �tjrFiG�^r�i,-c� d�(.' „r.�i��-yi i - ... hR....•.J '�;t .r © `) ��':...� �,1...: -.,,.xs.. t _ '._r__�.�{ ..;...., �5{.�.�� .]�--•>n�� 5��n. t -p "S•„ .�t.r,_ _ l .� Z i�A:u�Ataro Faunta{n Springs Rd .. -l.)1L�'>•'x. ..��;� � £ 'a1, u'r,.x„yayl`�`' a�+e w b r s ' 1 k ®a ` rGUni�{n Suriname Rd q e.rr,'_,. 3.. ,�,•.�"4 Ys+'a y yr. �:h].-j..•�It `�K�.71,`._. K P.±::. r.�-3.�'s;r`� .��t�.,!'^�L'. _r=� ,'�i. r, r f••.i•4'��'"tC�.t:�S1i 'S•r r' +i - 'rr��k-n:yi ..�i''r',�5.�-•.x U.. LL 3' tt�„f"z„• tAr ..;'� ,:i"a+- "t�s -T-av:�¢�w [� •ax'' cn..- .. _�,,••s•,6,i_: y •_,}_ '' riu<:xlty .-�i -` 'O 4'b +h'.�iyr C_ GM i - Developments . OWINDOW PLACEMENT OF EXISTING HOMES Ohl FOUNTAIN SPRING ROAD - .. PL PL KEYNOTES -----_�_in-v tib• .,> � �'�• � t r]��n cin{, ' fi�� 'at .. �„ � _. -- l a�'`Ci.t'YL "P.�.rr�r'n-.�7j� v'� 'L�"s�'i't.Fr_` ��,.�' •;»`"'r,.y. 1 ��1 , �' '.�,•�`-�,-,a r veer � t .t j "� ,1 `;1..,.fa:-..a;mu• Yr,-e3 h4sri7(W':.+a,s:rr..ct.Ya.�,L� rA:�ci,;r�,_ _.! ..rn� i.� ..,r� ,i'4'�✓`s`:�], �xnao� ns c E ND STAR OFFICE BUILDING) NEW DESIGN 1D/AM0 3ECT10X - PL - - PL - _ KEYNOTES - - COMPARISON i I' OFFICE I . rwmaz sera Ana 7],• RcSTAURAtsR ( - • ' rl _O AP PREVIOUSLY PROVED DESIGN OFFICE BUILDING) ' _�.;� A-203 : .. -D A PL PL. DIAMOND STAR - ' OFFICE BLO G n BE 99 99 o n 1HHr11TtHHF9 '9F FF MuTrIzi CGM ® ff - Developments. - - I - - - - - O NEWDESIGtIpAMOND STAR OFFICE BUILDING) c t - 7 8 I w.ervacwrsto� I .. Y; ELEVAVOV 4 t• y• y 1 COMPARISON _ 41,� • y =.�% zl': . .. i .FFl-0• "_i=. _ mom+ _-`E�� -- - a'—"--_ it��- .FF P-0 I'!lipp PREVIOUSLYAPPROVED DESIGN(RESTAURANTAND OFFICE BUILDING) - A-264 TFM INVESTMENTS Landscape Concept Plan - 1. _ City vElnd'sM,Cv.91748' P R E L I M I N A R Y ' P L A1 T-1 N C L E CE N C r _ - - r. n.m..+unnero _ - ' •a.o'er. .. .oecv e.ramoc„ua E1u57PiL PAVER :--..:rv., eu+ -- .� - - � .u.mneanw xn coae¢+m rvvroer avneu•+•nv � y�� - mm FRi E c' PAN S38Pc& vn uwemero- aor - _. rc • town• we {.)_ I . . 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'p:;i: 1' 'u u 'mss r t.k"4 _�t 1'ri � .r�_. is ,.P _S-l� _.{” .:�*'S�^x'l'r rv�tit� �:.�'i:.; r, �zn'-i?=si' J?�":i,*. a't7 rt-!• .. . w F r ?I. t � * i_ayy• .rr,:i t r r y 1, r.`_2 t,r}R } ;<<aa"'',`/y�+""��`.�'...�� w- 'ti��, ,w 4''-'�'� h k' - f i .' 5( ^If _ - - I t 4 f ��.' � j€ $::�^:•_� .h•hrs:,�N�� pr �{ �� , I y a^� j. ] }.. F"3r•�c�r:�'"1•S„ �h'17y`j�. rr�r.�e. �" pi�--�rv,,,,e�.,..:1D &� A. c - ,•F.dy.: .. Fu •! _ k''. �I:_,vp',�'yy, .� '�t�,-61 :._ •y aS.:. tfCy - � Stu . I - Ukwon Fotmta(n Sping_AcWPtctwe Vewon Fotmtavt Spmtg m41h ButUng US.iv on Founiam Spmtg 8uiidmg wvtiwut trees' " - - - - �. - _ _. ... Cr•,tiT ••tan A�ls•1•i•_. c _... - - rn � tt- _ - -: -.� • i�l•r �1• er.�rvE OFflC n5 YJ t tJ1-A.4G,N. INTENT OF THE SIGNAGE PROGRAM Tenent signs at Diamond Hills Plaza establish the identifies of each oca}upunf. The design of the Tenant signs shall be integrated into the architecture of the storefront. Generol provisir'ns and design specifications for Diamond Fulls,Plaza signs are set,"forth'in this Sign Plam *This sign pleas .meant to supplement the existing signage program of Diamond Hills Plaza, See EXHIBIT 3 for way-finding play. 1.0 MULTI-TENANTWALLSIGNS (Shops -1) tlaximarr, Letter Height of $' -Logo "araplaic .. ' Building name and address permitted Maximum letter Height of 24""; Sign area Maximum 50 Sq. Ft..(1 sq.ft per.lineal foot offrontage) � 0, Shops D-1, Refer to 5xhibit 12 � (D. d7 Signage program as submitted by each tenant shall be as per approved b 'l'he City. Written approval from the landlord must be obtain prion to city submittal., Samples of color and material maybe required for review to ensure harmon With the C61or palette of the storefront architecture. PREPARED BY: -"�-'---" '- — F : httWLT6TEJh1T SIGI�IT}pN5 PROJECT (I DATE "-' I 7 - SHOP BUILDING ID-2 ]!DIAMOND HAUS PLAZA 6724-10 17528 E ROWLAND ST. Corela$nd Coma ponies IAIDDRE55 CITY of INDUSTRY,CA 91748 422 S.Corono Md 12825 DIAMOND BAR BLVD, TEL:626 913 8939;FAX:626 913 1917 - -- ? Corona, CA 92879 - 1 DIAMOND 8AR, CA 91765 PAGE 1 - 1751,279�9-354 2.0 IlluMifnO ioai Monument signs shall be internally illuminated, incorporating any of the following m'iethods: i Push-thru acrylic letters that emit light through.the letter face Channel letters and logos that emit light through-the fetter face Reverse channel letters that illurninate the wall surface from behind the 'kettea The background arec of all mnnalanant signs shall be non-ill-umin ated. 'mall signs may.]"Corporote ony of the following methods: - Reverse channel fetters with silhouetted.illumination that yap-lights the building surface behind the sign letters. Channel letters, which project light through clear or translucent acrylic fetter faces. i Exposed singfe stroke neon, colared or fabricated is a. manner that provides for the sign tca be readable during theday us.well as at night. All illuminated signs'must be fabricated'a nd instaalled in compliance with all applicable legal requirements and must bear the UL labels. Labels to be located generally out of the pedestrian view: 3.0 Fabrication Grand lrastalintion All signs and instollation of the signs will conform to the City of Diamond Bar building and electrical codes as well as sign permit requirements.,Any illuminated sign or `lighting device shall employ only lamps emitting a light of constant intensity, PREPARED BY: MULT1-iiNANTIGNLCi( NS ( PROJECT I dATk —� r _ ESI-OP BUILDING D` DIAMOND HAILS RLA . i " 6-24-10 17528 E RowLAND ST. Coreltand Comapanie r�i[7aR SS --- CITY OF INDUSTRY,CA 91748 Z22 5,Corona Moll ,282:5 DIAMOND BAR.BLVD, ti TEL-626 913 8939;FAX:626 913 1911 Corono,CA 92874' DIAMOND BAR,CA 91765 i PAGE 2 951-779-1?350 Revised Master Sign Plan Print Date 9/412009,i i SO.'FT. OF SIGN AREA PER LINEAL FOOT _ MULTI-41ENANT WALL:SIGNS. OF LEASEHOLDWIDTH/FRONTAGE SHOPS.D.V . PRIMARY SIGN LOCATIONS 240' LETTER HEIGHT MULTI-TENANT SHOP D-1 _. PRIMARY =�fit�S DIAhtONDSIVA SIGN LOCATIONS ��. 8111 .7-1 .0 �� i I� M if r D� R t �0 LETTER/LOGO HEIGHT FOR. �Ej ':._. C1� 18" LETTER/LOGO BUILDING NAME -- — ---, HEIGHT AND ADDRESS f ILLUMINATED SOUTH ELEVATION �- -- - .. 24'"tETTERJLOGO -z -I ��1;�I �1(� -r I - r- HEIGHT X, FIrl }1� lf� I-j—m ll�':�� (l_1 i T—I. i��:.' i� " ILLUMINATED SECONDARY . 1— i , �. '; u t s 18" LETTER/LOGO SIGN LOCATIONS HEIGHT NON-ILLUMINATED Ef ^LLI Lf -... NORTH ELEVATION FOUNTAIN SPRINGS RD. _ _ LOAM,'AM x 11 Ii � I(�1 �1._� , 1 Ll l 1,'-7- - _ -- � I ► I FIJI WEST ELEVATION EAST ELEVATION MULTI-TENANT SIGN LOCATIONS 'PROJECT DATE PREPARED Ear HOP BUILDING D-2 DIAMOND HALLS PLAZA -6-24-10 Cr, { {r E 7 y y rt-7 T P �Careland Comapanies ADDRESS 422 S Corono Mall 2825 DIAMOND BAR BLVD. 77528.E ROWU.ND $I: Corono,CA 92879 DIAMOND BAR, CA 91765 -rte CM, OF INDUSTRY,Ck 9174 8t i n 951-279-9350. 711:tiff 913 E'm9:FXX Cu 913 1911 � � txcviacu Ivtaa\cl Qiyti rla\r rIl I.it.UatC. yl4I4vut1 BUILDING ADDRESS 14 HIGH NUMERALS 1/2"THICK ACRYLIC NUMERALS DARK BRONZE PAINT FINISH.(AT ELEVATIONS WITH NON-ILLUMINATED SIGNS) 2705 PIN MOUNTI/4".OFF WALL SURFACE AT BUILDING CORNERS VISIBLE FROM PRIMARY ENTRY DRIVEWAY TYPE FACE:GARAMOND MAXIMUM SIGN SPECIFICATIONS FOR BUILDING NAME 16 -8" 24" MAI X.,DIAMOND . I AMO N lli ELEVATION TYPE FACE:TRAJAN PRO 3/16" PLEXIGLASS FACE(RED COLOR)#2793 (REFER TO DETAILED ILLUSTRATION BELOW) MAXIMUM SIGN SPECIFICATIONS FOR TENANTS VARIES i � (9pE.VIE1M% 1 _mcca wnt Luc m nm anur - - - vrMu M 18" \ [� !� A/�. i �� t � uN •nmars AMrn� iw ngs m � uE .L " A"' . 1 SF PER 1 LF OF FRONTAGE / HEIGHT OF SIGNAGE < 50 SF - Ndt atm ll—.T(mi j - .{. - �x,tm«I m*im TYPE FACE:VARIES i, i S;a\tndn, to mt{i"nq""' (DEFERRED SUBMITTAL BY TENANT!OWNER TO CITY) m m m =1,•rran tvai_J•-l <enaeuo�. _ _ _ .. CHANNEL LETTER SIGN INSTALLATION DETAILS - - - - - - - - - - - 1.3116'PLEXIGLAS FACE,COLOR BLUE 112114,RED 12793 - -2 3/4'TRIM CAP,COLOR BLACK 3: PLANNING pyp� - - - 1.040-ALUMINUM PLANNG DNOTES. OTES: - 4.CLASS 2 WHITE&RED LED ILLUMINATION DC112V. 6.CLASS 2 POWER SUPPLY 3AMP DC112V INCLUDE - WALLSSIGNS SHALL BE.LIMITED TO A SINGLE LINE OF TEXT - - OW OFF SWITCH&BYPASS SWITCH. - - - 6.818-2 CLASS 2 THERMOSTAT WIRE CONNECT. PO WER SUPPLY TO EA CH LETTER. - 7.114'z 3'NYLONANCHOR TO TRUSS IN 4 TO - - - - - - - - PER TRUSS INLETTER, - - - - - - - - 8.UL APPROVED LABEL ON EACH LETTER. - - - - - - BUILDING ADDRESS -SUITE ADDRESSPROJECT DATE PREPARED BY: [ _ DIAMOND HILLS PLAZA 6-24-10 C'G D ta.i�L I OP `~N T, INC. Coreland Comapames ADDRESS E I '� 1 17528 E ROWLAND ST. 422 S.Corona Mall 2825 DIAMOND BAR BLVD. Corona,CA 92879 DIAMOND BAR, CA 91765 CITY OF INDUSTRY,CA 91748 951-279-9350 F F' �r 1 TEL:626 913 8939;FAX:626 913 1911p �i : f: ---- SIGN SHAPES GRAPHICS MUSIC SCHOOL FOOD` !//LJa �t I ..1�T?i'�II .,, INFORMAOT URT O_N 1 , rte' — I T — .�i u ... ... — y`;`: .t , r _ ( PHARMACY inunliiu� tea.; -- __ 17T1_OTr�T � - � , PHR M Y I�rrnrnATM-------------- _. N. 1 F _ .._.. FOOD - ' I F • I O T INFORMATION -------------I PEDESTRIAN ORIENTED DIRECTIONAL SIGN LOCATIONS-TYPICAL BOTTOM Of SIGN AT B fOOTABOVE GRADE.MINIMUM - - bAurrmALueENun as UNDERCANOPYHANGING MGM WALLMOUNTED PROJECnNG MGN-HANGING OR FLIED SIGN PANEL WALLMOUNTED UNDER.CANOPY HANGING SIGN NO-IMMEANSOPATiA<HMENY I � ON.FEAPDi/S METK ONLY [Y Y tJ I ; �fi .t.3x�.. I ��`-T-' -.•�-"1-I� -Ti'i't*•73 "r _ _ I .. �.._, 1 S �L�T- � -E:1c1�'I' 4� _ MSNNCEPIWIOESNNPLW B¢v5E011PIX1APMLwLU{YPENEWOF - - 4� F,y ...� � � �T. �-� �9 � . - EHIIM1FLf.Hf0.0NAElEitRN10@IUrvEP619Nm Po5501Y Y1COUPtE1£ . -_ 1 .._. _ .�_-.f5f_, @! i:OtlNN�4WfE+,OFDLEAEtYTOK55T EIPLSYHNOHON111EErtE WCMOEOEVEIOPED, 0 60: 240' scale-V=60'-0' north Diamond Hills Plaza Renovation EXHIBIT 3 -.I I REDGY ( t,iri {1"rt1C115�lIr•,I irli: Diamond Bar,CA PEDESTRIAN WAY-FINDING SIGNAGE PROGRAM nszaEnowuNDsr I1-18-2010 CRY OF INDUSTRY,CA 91748 - - TEL 6269138939;FAx:6369131911' _ - Attachment 7 ` REVISED TRAFFIC AND PARKING ASSESSMENT FOR THE DIAMOND STAR OFFICE BUILDING PROJECT AT DIAMOND DILLS PLAZA November.3,2010 (original dated September 29,2010) 'i i i Prepared for. THL INVESTMENTS,LLC 17528 Rowland Street City of Industry, CA 91748 LLG Ref. 2.10.3146.1 �QR OFES 5(pti.l W No. 2006 00 Exp 6/30/11 9F TRAFFIC OF i i 1 9 &: g November 3, 2010 Engineers&Planners Traffic Transportation Parking Mr. Johnny Hang THL Investments, LLC Linscott Law& 17528 Rowland Street Greenspan,Engineer City of Industry, CA 91748 1580 corporate Drive LLG Reference No. 2.10.3146.1 Suite 122 Costa Mesa,CA 92626 714.641.1587 T Subject: Revised Traffic and Parldng Assessment 714.641.0139 F Diamond Star Office Building at Diamond Hills Plaza www.iigengineers.con (updated to address City staff comments) Diamond Bar, California Pasadena Costa Mesa Dear Mr. Hang: San Diego Las Vegas As requested, Linscott, Law, & Greenspan; Engineers (LLG) is pleased to submit this Revised Traffic and Parking Assessment associated with a proposed office building to be located at 2705 S. Diamond Bar Boulevard within Diamond Hills Plaza. Diamond Hills Plaza is an existing shopping center with a total floor area of approximately of 175,650 square-feet (SF), inclusive of the 20,000 SF AAA Diamond Bar District office, and 941 parking spaces that is located along the west side of Diamond Bar Boulevard, between Cold Springs Lane and Fountain Springs Road in the City of Diamond Bar, California. Figure 1, located at the rear of this letter report, presents a Vicinity Map; which illustrates the general location of the project and depicts the surrounding street system. This traffic and parking analysis evaluates the potential traffic and parking impacts associated with the development of an office building in place of a retail/restaurant building that was previously approved by the City of Diamond Bar. This analysis also considers the traffic and parking implications of the recently approved occupation of 10,200 SF of.retail designated space with a music/art(private lessons) academy. Further, in response to City staff traffic-related comments outlined in a memorandum dated.September 21, 2010 as well as additional comments provided on October 12 and October 22, 2010; this : revised assessment address whether or not. any mitigation/improvements for the intersection of 'Diamond Bar Boulevard .and Philip M.Linscott,PE Ga?4-2oom Fountain Springs Lane are warranted based on construction of the proposed Project. JachM.Greenspan;PEinw The supplemental analysis utilizes the Traffic Impact Analysis for the Country Hills William A.Law,PE Inn, Towne Center Expansion Project, Diamond Bar, dated July 25, 2005, as a database of PautW Wilkinson,PE the updated level of service calculations for this key intersection. John P Keating,PE David S.Shender,PE John A.Boarman,PE Clare M.Look-Jaeger,PE . Richard E Barrette,PE Keil D.Maherry.PE Mr. Johnny Hang November 3, 2010 Page 2 E OVERVIEW AND PROJECT DESCRIPTION LLG previously studied this site and prepared the Trak Impact Analysis for the Count7y Hills Towne Center Expansion Project, Diamond Bar, dated July 25, 2005, The July 2005 study evaluated the impact associated with the construction of a 49,100 square-foot(SF)medical office building (MOB) on the southern portion of the site in a place of the 7,450SF daycare center and a, 9,101 SF retail building; renovation of the 23,428 SF theatre, 'construction of a two-story, 12,408 SF restaurant/commercial building' and re-tenancy of retail suites into food uses. Implementation of the approved project would have resulted in a total floor area of 221,083 SF. . The recently approved modifications to the development by Sarofim Realty Advisors include the construction'of a new 14;700 square-foot`(SF) building in place of the recently renovated, but.vacant 23;428 SF building that was formerly occupied by a theatre. Approved uses for`this building include a 10;200.SF music/art academy instead of retail-oriented used and 4,500 SF of inline food uses/restaurant space. The proposed Diamond Star Office Building will be located on a northern portion of the existing retail center, south of Fountain. Springs Road, between the Diamond Bar Boulevard and a site driveway. The Project includes construction of a 3-story, 36,134 SF office building in place of a 2-story; 12,000 SF retail/restaurant building that was previously'approved by the City.`Site improvements will result in a loss.of 15 spaces; hence the parking supply to be provided at Diamond Hills Plaza will be reduced from 941 spaces to 926 spaces upon completion of the proposed Project. ,Figure 2 presents the overall site plan for Diamond Hills Plaza,while Figure 3 presents the site plan for the proposed office building,prepared by Creative Design Associates, Inc: Upon completion of the proposed Project,as well as recently approved modifications, the floor area, at Diamond Hills` Plaza will increase by 27,406 SF ..resulting in an overall floor area of approximately 203,056 SF,which is 18,027 SF less than the floor area approved by the City of Diamond Bar in October 2005. A review of Table 1, located at the end of this letter report following figures, indicates that Diamond Hills Plaza will consist of 40,000 SF Super H-Mart grocery store, a 21,440 SF Rite Aid, 24,015 SF of retail shop / service retail space, a 10,200 SF music/art academy, 8,874 SF of office/bankfloor area, 27,476 SF'of restaurant space, 7,467 SF of fast-food with drive-thru, a`7,450 SF daycare center .a 20,000 SF AAA Diamond Bar District office; and a 36,134 SF office building: Please note that LLG's Supplemental Trak and Parking Assessinent for-Diamond Hills Renovation Project Proposed Music/Art Acadenry,dated March 12,2010 evaluated the potential impacts associated with this use. Mr. Johnny Hang- November angNovember 3, 2010 Page 3 t b 3 TRAFFIC ANALYSIS Trip Generation Analysis Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land. use. To remain consistent with the July 2005 traffic study, generation factors and equations used in this traffic forecasting procedure for this assessment are based. on the 7th Edition of Trip Generation, published by the Institute of Transportation Engineers (ITE) [Washington, D.C., 2003]. Table 2 summarizes the trip generation equations used in forecasting the impact of Diamond Hills Plaza with the addition of the proposed office building. Table 3 summarizes a comparison of the trip generation potential of the "Now- Proposed Project', with the proposed 36,134 SF office, building, as well as. the recently approved music/art academy and repeats the forecast of the Approved Redevelopment Plan as evaluated in the July 2005 traffic study. Review of the upper portion of this table indicated that the "Now-Proposed Project" has.a forecast trip generation potential of 9,027 daily trips, with 322 trips (204 inbound,.118 outbound) produced in the AM peals hour and 704 trips (323 inbound, 381 outbound) produced in the PM peak hour on a"typical weekday. As shown in the lower portion of the Table 3,the"Approved Redevelopment Plan" of the Diamond Hills Plaza Project was projected to generate approximately 9,849 daily trips, with 317 trips (215 inbound, 102 outbound) produced in the AM peak hour and 745 trips (317 inbound, 428 outbound) produced in the PM peak hour on a "typical weekday. These prior.forecasts equate to a mitigated "trip budget" for the Diamond Hills Plaza from which the traffic implications of refinements/revisions (like those now proposed with the construction.of 36,134 SF of office space in place of 12,000 SF of retail/restaurant space) to the project development tabulation or land use mix might be,evaluated. As indicated in the last row of Table 3, the "Now-Proposed Project" is forecast to generate 822 fewer daily trips, 5 more AM peak hour trips, and 41 fewer AM peak hour trips when compared to the Approved Redevelopment Plan, The difference in daily,and peak hour trips is attributed to the change in development which included the eliminating the construction of the previously approved 49,100 SF MOB, the recently approved occupancy. of 10,200 SF of retail-designated space with a music/art academy, and construction of a 36,134 SF office building in place of a 12,000 SF retail/restaurant building. Based on this comparison, we conclude that the traffic impact potential associated with the proposed office building project and mix of land.uses will be insignificant and negligible. Mr. Johnny Hang ' ► 4 November 3,2010 , Page 4 t Supplemental Intersection Traffic Impact Assessment In response to City comments and to determine the potential traffic impact associated with the "Now-Proposed Project at the intersection of Diamond Bar Boulevard at Fountain Springs-Lane, a supplemental intersection capacity analysis was performed at this intersection using the July 2005 traffic study as a database for this assessment. Based on the results of the July 2005 traffic study, it was concluded that the Approved Redevelopment Plan, which included the construction of a 49,100 SF medical office building on the southern portion of the site,just north of Cold Springs Lane, the Approved Redevelopment Plan, did not have a significant impact at the Diamond Bar Boulevard/Fountain Springs Lane intersection. As shown in Table 4 (and previously presented in Table 8-2 of the July 2005 traffic study), the AM peak hour and PM peak hour LOS of the Diamond Bar Boulevard/Fountain Springs Lane intersection was`forecast to operate at LOS C and LOS D, respectively with the.. addition of traffic generated by the Approved Redevelopment Plan. Although the "Now-Proposed Project" is forecast to generate fewer trips, especially during the critical PM peak hour, a re-evaluation of the project's impact, which includes an update the Project's tripdistribution pattern to reflect the construction of a 36,134`SF office building on the northern portion of the site,just south of Fountain Springs Lane, was performed with the results summarized in the second row of Table 4. Figure 4 illustrates the updated traffic distribution pattern for the proposed Project. As shown in Table 4, the "Now.-Proposed Project"will not adversely impact the_LOS of the,Diamond Bax Boulevard/Fountain Springs Lane intersection. Similar to the findings of the July 2005 traffic study, this key intersection is forecast to operate at LOS C and LOS D during the AM peak hour and PM peak hour, respectively. As there is not a significant.project impact at the Diamond Bar Boulevard/Fountain Springs Lane intersection, no traffic mitigation measure/improvement is required or recommended other than those previously identified in the July 2005 traffic study. :PARE-TNG SUPPLY-DEMAND ANALYSIS .Analyzing the supply-demand relationship of Diamond Hills Plaza involves determining the parking needs in relation to the existing and/or future parking supply:. In general, there are two methods that can be used to determine the parking demand. These methods include: , 1. application of City code parking requirements (which typically treats each use as a"'standalone".use at maximum demand); and i Mr. Johnny Hang gla November 3,2010 Page 5 . 2. analysis of shared parking usage patterns over (which recognizes that the parking demand for each use varies by time of day, day of week, and month of year). The shared parking methodology is certainly applicable to a development such as the Diamond Hills Plaza, as the individual land uses (i.e., retail, restaurant, office, etc.) experience peak demands at different times of the day. City Code Parking Analysis As a benchmark,the number of parking spaces required to support the Diamond Hills Plaza, after completion of the proposed renovation project, was first conducted by using the parking codes per Chapter 22.30 Off-Street Parking and Loading Standards of the City of Diamond Bar Municipal Code and comparing it to the proposed parking supply provided by the project. Proposed Parking Suppl Based on information provided in the proposed project site plan and review of existing conditions at the retail center, a total of 9262 parking spaces will be provided ori surface lots located throwg houf the site. Proposed Project Parking Requirements The City's parking code (Section 22.30.040) for existing and proposed land uses of the Diamond Hills Plaza is as follows: - Shopping centers (shall use unsegregated parking area): 1 space for each 200 SF of gross floor area for centers of less than 20,000 SF and 1 space for each 250 SF of gross,floor area for centers of 20,000 to 50,000 SF, and 1 space for each .300 SF of gross floor area for centers over 50,000 SF, plus 1 space for each 1,000 SF of outdoor display area. Restaurants, fast-food: 1.space for each 100 SF of gross:floor.area,.plus 1 space_ for each 100 SF of outdoor dining area: 0 ices,administrative, corporate: 1 space for each 400 SF of gross floor area. ® Banks and,financial services: l,space for each 300 SF of gross floor area. Music Academy /Foot Spar t space for each 300 SF of gross floor area, plus 1 Space for each'employee,per direction of City staff. A total of 944 spaces was previously proposed, however.3 spaces will be inaccessible since they,are proposed to be occupied by recycling center trailers binds.Further,an additional 15.spaces will be lost with development of the proposed office building project(944,-3—15=926). Mr. Johnny Hang November 3, 2010 Page 6 b ® Studios for art,dance and martial arts: 1 space for each 150 SF of gross floor area,plus 1 space for each employee. The City parking codes were applied to the proposed project development tabulation and Table 5 summarizes the parking requirements for the Diamond Hills Plaza after completion of the proposed Diamond Star Office Building project. As shown, direct application of the City's code to the proposed development results in a code-parking requirement of 736 spaces; with the proposed 36,134 SF office building requiring 90 spaces. With a proposed parking supply of 926 spaces, a theoretical parking surplus of 190 spaces is forecast. These parkingrequirements reflect the total parking demand of the center assuming each use is a"freestanding" development at maximum demand and does"not consider the "sharing".of parking spaces or,time of day parking demand needs. To further validate the adequacy of parking.at Diamond Hills Plaza, a shared parking analysis has been prepared, consistent with the prior July 2005 traffic analysis, as well recent traffic and parking analyses prepared for the site. The utilization;of the shared parking methodology approach/criteria provides Sarofim Realty Advisors, owners of the retail center;:and the City of Diamond Bar with a mechanism by which the parking implications of enhancements/modification to the development tabulation or land use mix might be evaluated. Shared Parking Analysis Shared Parking Rationale and.Basis Accumulated experience in parking demand characteristics indicates that a mixing of land uses results in an overall parking need that is less than:the, sum of the individual -peak requirements for each,land use. Due to the.proposed mixed-use characteristics of the Diamond Hills Plaza, opportunities to share parking can be expected. The objective of this shared parking analysis is to project the peak-parking--requirements" for the project based on the combined demand patterns of different land uses at the site. Shared Parking calculations recognize that different uses often experience individual peak:parking demands at different.times of day, or days of the week, or even months of the year: When uses share a common parking footprint,the total number of spaces needed to support the collective whole is determined by adding parking profiles (by . time of day; week, and year), rather than individual';peak ratios as represented in Chapter 22.30,Off Street Parkin-and Loading Standards of the City of Diamond Bar b b Municipal,Code: There°is an important common element between the traditional "code" and the Shared Parking calculation methodologies; the peak parking ratios, or "highpoint" for each land use's parking profile, typically equals the "code""parking ratio for that use. The I Mr. Johnny Hang , November 3, 2010 Q Page 7 analytical procedures for Shared Parking Analyses are well documented in the Shared Parking publication by the Urban Land Institute (ULI). Shared parking calculations-for the Diamond Hills Plaza utilize.peak parking ratios and hourly parking accumulations developed from field studies of single developments in free-standing settings, where travel by.private auto is maximized.. These characteristics permit the means for calculating peak parking needs when land use types are combined. Further, the shared parking approach will result, at other than peak parking demand times; in an excess amount of spaces that will service the overall needs of the Diamond Hills Plaza: Shared Parking Analysis Procedure The proposed Shared Parking calculation procedure for the Diamond Hills Plaza is as follows: 1. Identify the land uses and quantities (floor area, theater seats, restaurant square- footage etc.), within the Diamond Hills Plaza to be utilized in the Shared Parking model. 2. Determine the peak-parking requirement for each land use component based on factors from the City's Parking Code. 3. If necessary; adjust parking demand component for seasonal variation (i.e. different use peak at during different months of the year). 4. Adjust for any parking supply component that will be unavailable for sharing. Examples are spaces that will be exclusively dedicated and/or accessible by only one use type. 5. Determine the total demand for the site, by time of day, based on the summation of the. demand profiles developed by the Urban Land Institute (ULI) and published in Shared Parking: 6. Isolate the maximum demand level between 6:00 AM and Midnight. This maximum demand level is the minimum standard for sizing(in terms of spaces) the parking supply for that study area. Shared Parking Ratios and Profiles The hourly parking demand profiles (expressed in percent of peak demand)utilized in this analysis and applied to the;Diamond Hills Plaza are based on profiles developed: by the Urban Land Institute (ULI) and published in Shared Parking, 2nd Edition. The ULI publication presents hourly parking demand profiles for seven general land uses: office, retail, restaurant,,.cinema, residential (Central Business District: CBD and non= CBD); hotel (consisting of separate factors for guest rooms, restaurant/lounge, conference room,. and convention area). These factors present a profile of parking demand over time and have been used directly, by land use type, in the analysis of this project. One of the primary project components for the.Diamond Hills Plaza is retail space, the ULI retail use profiles are applied directly. In doing so, there is an intermediate step in expressing ULI profiles.as a percentage of.the week-long peak, thus amvimg Mr. Johnny Hang A November 3 2010 Page 8 at a weekday profile and weekendprofile each expressed as a percentage of the baseline parking ratio (ULI actually starts with separate ratios for weekday' and weekend day,` and develops'profiles for each accordingly; we've found it more convenient to translate both profiles to a percent of expected maximum demand, which, for retail, turns out to be on a Saturday). The resulting profiles represent the most likely hourly parking demand profile, and are applied to the City's retail parking ratio of 1'space per 300 SF-GFA. Peak demand for retail 'uses occurs between 1:00 PM-2:00 PM on weekdays, and 2:00 PM-=4:00 PM on weekends. For this analysis, the restaurant use profile is based on a fine-casual dining restaurant (typically non fast-food). Like the retail profiles, the restaurant profiles are derived exactly from the ULI baseline. The restaurant-parking ratio utilized in this analysis exactly matches the City code rate of 1 space for each 75 SF of GFA for patrons, plus 1 space for each 300 SF of service area,plus 1 space for each 100 SF of outdoor dining area. According to the Shared Parking'publication, casual/fniing dining restaurant uses are shown to experience peak demand between 7:00 PM and 10:00 PM on weekdays,,and 8:00 PM and 9:00 PM on weekends. The ULI Shared Parking publication includes a fast-food restaurant profile that is used in this analysis. To estimate the fast-food.restaurant parking demand, a parking ratio of 1 space per 100 SF (which matches City code) is utilized. For fast-food uses peak demand occurs between 12;00 PM and 2:00 PM on weekdays and weekends. The office profiles, inclusive of the proposed Project, were also directly derived`from ULI. For office uses peak demand occurs between 10:00 AM 11:00 AM and 2:00 PM- 3:00 PM for weekdays and between 11:00 AM 12:00 PM for weekends. The peak-parking ratio for office uses exactly equals the City's Parking Code requirement of 1 space per 400 SF. The..bank.pr0 Res were also directly derived from ULI. For bank uses peak demand occurs between 2:00 PM and 6:00 PM on weekdays,while the Saturday peak demand for bank uses occurs between 11:00,AM and 12:00 PM:` The peak-parking ratio for bank uses exactly equals the City's Parking Code requirement of 1 space per 300 SF. In addition,`the parking code requirement for the music/art academy was assumed to be required throughout their weekday and weekend hours of operations of2:3Q PM to 8:00 ;PM and 9:00 AM and 4:00'PM, ,respectively. Similarly, the parking code'' . requirement for the.martial arts studio was also assumed to be require d.throughout its i weekday .and weekend hours .of operation. This approach;results a conservative forecast. Application'of Shdred Parking Methodology `Tables 6 and 7 present the weekday and weekend parking demand for the Diamond Hills Plaza based on the shared parking methodology; Columns (1) through (9) of Mr. Johnny Hang 4 , November 3,2010 Page 9 "r these tables present the parking accumulation characteristics and parking demand of the Diamond H ills Plaza for the hours of 6:00 AM to midnight. Column(10)presents the expected joint-use parking demand for the entire site on an hourly basis,,while Column (11) summarizes the hourly parking surplus/deficiency for the existing retail center compared to a parking supply of 926 spaces. Based on our experience, the shared parking approach summarized in Tables 6 and 7 are believed to be the most appropriate in evaluating the parking supply-demand .relationships for the Diamond Hills Plaza. The results in these tables are the focus of this parking investigation and recommendations. Shared Parkin lysis Results As shown in Table 6, the peak daytime use parking requirement for the Diamond Hills Plaza during a weekday totals 770 spaces and occurs at 2:00 PM. The peak evening parking demand during a weekday, which occurs at 6:00 PM, totals 750 spaces. Based on the proposed parking supply of 926 spaces, a surplus of 156 spaces would result during the peak hour of a"typical" weekday. Table 7 presents the hourly shared parking demand forecast on a weekend day at completion of the project. As shown, the peak weekend midday use parking demand for the project is expected to occur at 1:00 PM, when a parking demand of 626 spaces , is forecast: The peals weekend night use parking demand; which occurs at,6:00 PM, is 620 spaces. With a parking supply of.926 spaces, a surplus of 300 spaces is. forecast during the peak hour of a"typical"weekend. Based. on the results of the shared parking analysis, we conclude that adequate parking will be provided at the Diamond Hills Plaza upon completion of the.proposed Project, consistent with the findings of the City code calculations. Appendix A. contains the shared parking analysis calculation worksheets for this weekday and weekend day.shared parking analysis. CONCLUSIONS - Based on the above project development comparison and the results of the prior traffic study, we conclude that the construction of the proposed 3-story, 36,134 SF office building in place of a previously approved 2-story, 12,000 SF retail/restaurant building will not impact the future traffic conditions within the project vicinity beyond those levels identified in the Traffic Impact Analysis for the Country. Hills Towne Centers Expansion Pr oject, Diamond Bari, dated, July 25, 2005, the Revised Traffic and Parking Assessment,for Diamond Hills Renovation Project, dated 3 z Mr. Johnny Hang A November 3, 2010 { Page 10 w f . i January 11, 2010 and the Supplemental Trac.and Parking Assessment for Diamond .Hills Renovation Project Proposed Musicl Art Academy, dated March 12, 2010. Further yet, our assessment of the shared parking requirements for the project, plus the City code calculations, indicates that the retail center's proposed parking supply of 926 spaces is adequate and can accommodate the proposed Diamond Star Office Building as well as the recently approved music/art academy. In addition, similar to the "Approved Redevelopment Plan"; the results of the Supplemental intersection capacity analysis for the,intersection of Diamond Bar Boulevard at Fountain Springs Lane indicates that.the "Now-Proposed.Project" will not have a 'significant traffic impact at this key intersection: Hence, no traffic mitigation measures/improvements are.required of the Project. We appreciate the opportunity to prepare this assessment for you and the City of Diamond Bar. Should you have any questions or need additional assistance, please do not hesitate to call meat(714)641-1587:' Verytruly yours, Linscott,Law & Greenspan,Engineers Richard E. Barretto,,P.E. Principal Attachments cc: file` .:7 tr i - rj•�. 2 J -�'`' ` a -ttN'a r13`'�'• • r - `HNL - ;. `r ,.r•,F•°_� f i ;4i ...; �1. _' •-- ,•�. .�7---+.. �F '': f... t ,fc��p�_.4�i'�� t..T 7 :+.cc� —�"�,, c�°•: £"%� 4 :�.rr.- , ,yfi4 �,,. '.P . �� ,.— :i'<�Y_.•X�y ' �3i�� "-�:.:.t,o ''. t ;: „�1 t~r IIS �cr '� i;�•�l ..�. 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'f� ... - `-�� ,. f .lira� F f �r� - � ��„.,,:� � 7 r;' z#t� 004 ThomasBros Ma @2tt SOURCE: .THOMAS EROS FIGURE. 1 KEY = PROJECT SITE . ., (tN 0 SCALE VICINITY MAP l DIAMOND STAR .OFFICE BUILDING, DIAMOND BAR t 4 r Ft, -� r I t�• . 7771!7*1 I _ :.. `L t 9 r i �t �1.,,., J- I '� i• `kt { { ,r tl� -1 L ct t�t..l (. .'i_ .....__ • " o IfrU 1 11 ) B . _ __• ',x , -.�` -'G� � -.. � •.. - ..r.:r!��I� �:�I t I f I�((I It'll�� Y sfr�t�'rlll l� F%_y_ ;,n, �•� '"�?'1`i ;�- (!! 1T. _ :.� .. L r t � t� __ � _:,_r:. . n. i l\ S' _rk••• a'— , y ` I 1 Li118 `i' —:_ Ir,m (lia6t ��L :Li.(� rlil}I �C}}t}�i }IS I tl 1ru.I ttilji r �.} — r i c ifl1 1tll 9 ff/ffAASli ^-. tt _ u � P } I -.:. '.. /,:• � !/��. �:1 �I t 9-R�M>i _4 — -' 1.'� t r 1 1..•11 ci �r r' iv, �j/l!p ....•.� .`i .�a � � .�_.._.._. i.}�IIJ —�. __ z't�j��` � ( _ i„ ,-1,�� lr...—_ � a r �y t J. o SOIURCE: .SAROFIM REALTY ADVISORS KEY FIGURE 2 PROPOSED PROJECT dY.: NO SCALE OVERALL SITE PLAN DIAMOND STAR OFFICE BUILDING, DIAMOND BAR i '', J r��''`•'{71' `.:��`y�"'�..'� � ` 'L �``� 1 � 1 � Ids) •• - _— - _'�,n._--r'-' S ' 't - - __ rix .r�•, � . 1'�•7' l t w--4ti, L r rr w wio rt r :,.• ,. Jt , . PARCEL _� � I N: - r r ' ' J TthK;fw PER TITLE fly i } i _moi ( {7 t ! 1 y n ruin�t€ue� 9 . ��-'�•"..- ! r .,fes I � -..�. I � - -_ —._ Tom— --. —�,c•—.__—_� 1 I « /�{-. �F — 'i• cJ Ir, I ,' Tr1, rich• '� i ~ Ynj �� 4wt'•�y". h�'.•C- I 11 p - .P� ..... ,.....,�.�,i�u_°_;.� 7y ,f r� r.,:a. t,,�t�� a .L. ,�; �:a:^i;�.3Cv� i:•n<Y.;;, �I§ I �1 o T= Rwm ru m..m. n�uA _?y_ �ma`t,�_ Teat +v•mn'a. rmr,m�nan�ua r'uwaN " * t7q Qas m° miuTRANS 'v maim .61 . n 0 JAI SOIURCE CREATIVE DESIGN `ASSOCIATES,.INC:. FIGURE 3 ANO SCALE PROPOSED SITE PLAN DIAMOND STAR OFFICE BUILDING, DIAMOND BAR OG • NTS/� 1 \ 04 .' cora / ryh� 117 0 CL 0 cs / of- sg ../ 1 7g M _ . . ..; • 0 s ;� a Ss�% s KEY FIGURE , 4INBOUND PERCENTAGE OUTBOUND PERCENTAGE PROJECT SITE (tNO SCALE PROJECT TRIP DISTRIBUTION PATTERN DIAMOND STAR OFFICE BUILDING, DIAMOND BAR DIAMOND HILLS PLAZA DEVELOPMENT SUMMARY[1] B DIAMOND HILLS PLAZA OFFICE BUILDING PROJECT,DIAMOND AR _ a :STING DEVELOPI\IENT SUMMARY PROPOSED DEVELOPMENT SUMMARY SUllI1VIARY OF PROJECT DEVEL Building Diamond Hills Plaza. SF Existing Nance SF Current Use ID Suite Future Tenant SF , Proposed Use Project Description-/Land Use Today i .21,440'' Major. Major#1 2707 Rite Aid 21,440 Major Major 61,44 ,y Fried Chicken 2,473 Fast Food with Drive-thru Rest#2 2709 Kentucky Fried Chicken 2,473 Fast Food with Drive-thru Former Remodelled Theatre 23,42 King 3,240 Fast Food with Drive-thru Rest#1 2711 Burger King 31240 Fast Food with Drive-thru Retail Shops/Service Retail 24,01 Retail/Food/Spa 23,428 'Former Remodelled Theatre New Bldg. 2751 MusicAcadenzt, 10,200 Music/Art School Music/Art School Vacant(Frnr Theatre) 4,500 Inline Food Service/Restaurants Office/Bank Suites 8,87 gage Concept 900 Retail Shops/Service Retail Retail#5 2755 Total Linage Concept 900 Retail Shops/Service Retail Inline Food Service/Restaurants 22,97. ical t�) 900 Retail Shops/Service Retail 2757 Zio Optical(1) 900 Retail Shops/Service Retail Fast Food with Drive-thru 7,46 ;h Cafe 903 Inline Food Service/Restaurants 2759 Tea Rush Cafe 903 Inline Food Service!Restaurants Daycare 7,45 3n Top 1,112 biline Food Service I Restaurants2761 Cherry on Top 1,112 Inline Food Service/Restaurants AAA Diamond Bar 20;00 Imes(3) 1,698 Inline Food Service/Restaurants Retail#4 2763 Good Times(3) 1,698 Inline Food Senice/Restaurants Office Building Pizza 907 Inline Food Service/Restaurants 2767, Mr.G's Pizza 907 Inline Food Service 1 Restaurants Total Floor Area 175;65 a a Kwon Do 1,212 Inline Food Service'/Restaurants 2769 A&J's Restaurant 1,212 Inline Food Service/Restaurants i Patel 1,214 Retail Shops/Service Retail Retail 43 2771 Dr.Ami Patel 1,214 Retail Shops/Service Retail is Zone 1,214 Retail Shops f Service Retail 2773 Cosmetic Zone 1,214 Retail Shops/Service Retail lusic 1,214 Retail Shops 1 Service Retail 2775A Soma Music 1,214 Retail Shops/Service Retail sinuiion 1,214 . Retail Shops/Service Retail " 2775B Red Persimmon 11214 Retail Shops/Service Retail na 1,759 Inline Food Service/Restaurants 2777 Pho Hana 1,759, Inline Food Service/Restaurants 2,999 Inline Food Service/Restaurants " 2779 Vacant 2,999 Inline Food Service(Restaurants 51000`` Office PBank Suites 2783 HSBC 5,000 Office/Bank Suites hack 2,920 Retail Shops/Service Retail 2785 Radio Shack 2,920 Retail Shops/Service Retail 3eauty Supply 2,400- Retail Shops!Service Retail Retail#2 2801 Palace Beauty Supply 2,400 Retail Shops If Service Retail >tation 2,400 Inline Food Service/Restaurants 2803 Shabu Station 2,400 Inline Food Service/Restaurants avers 1,600 Retail Shops/Service Retail 2807 DB Cleaners 1,600 Retail Shops/Service Retail 3ank"' 2,024 Office I Bank Suites 2809 Center Bankt�) 2,024 :Office I Bank Suites [-Mart 40,000 Major Major#2 2825 Super H-Mart 40,000 Major 1-Mart Food Court .5,000 Inline Food Service/Restaurants Super H-Mart Food Court 5,000 Inline Food Service/Restaurants a "America.. 150 Office/Bank Suites ATM Bank of America 150 Office/Bank Suites e Kwon Do. 1,142 Retail.Shops/Service Retail Retail 41 21335 YIC Tae Kwon Do 3,142 Retail Shops/Service Retail asters 910.':;Retail Shops/Service Retail 21341 Hair Masters 910 Retail Shops/Service Retail 11138.` Retail Shops/Service Retail 21343 Sabra Foot Spa 1,138 Retail Shops/Service Retail 1,395 Retail Shops!Service Retail 21345 Vacant 1,395 Retail Shops/Service Retail 1,194 Retail Shops/Service Retail 21347 Vacant 1,194 Retail Shops/Service Retail airopractic 1,322 Retail Shops!Service Retail " 21349 Vital Chiropractic 1,322 Retail Shops/Service Retail 7,450 Daycare Daycare 21385, Vacant 7,450 Daycare ks 1,754 Fast Food with Drive-thru Retail#6 2837 Starbucks 1,754 Fast Food with Drive-thru ofu 2;205 Inline Food Service/Restaurants " 2839A. Koba Tofu 2,205 biline Food Service/Restaurants 's - I;408 `.Inline Food Service 1,Restaurants " 2839B Quizno's 1,408 biline Food Service/Restaurants ancial 1700 Office/Bank Suites 2841A Citi Financial 1,700 Office/Bank Suites 1,338 Retail Shops!Service Retail 2841B Vacant 1,338 ` Retail Shops/Service Retail rants Y n Da 1,373 Inline Food Service/Restaurants " 2841C Chicken Day 1,373 Inline Food Service l Restau l� V etc TABLE 2 PROJECT TRAFFIC EQUATIONS' DIAMOND HILLS PLAZA OFFICE BUILDING PROJECT,DIAMOND BAR Time Percent Percent, ITE Land Use Code Period Equations Entering Exiting Daily T=220(X) 50% 50% 444:Movie Theatre with AM Peak T=0.75 (X) 50% 50% Matinee'(TE/Screen) PM Peak T=20.22(X) 40% 60% Daily T=79.26(X) 50% 50% 565:Day Care Center — 12.79(X) 53%° 47% (TE/1000 SF) AM Peak T PM Peak T=',13,18(X) - 47% 53% Daily 11.01 (X) 50% 50% 710:General Office Building AM Peak T=_1.55 (X} 87%° 13% (TE/1000 SF) PM Peak. T= 1.49(X) 176/6 83%`. Daily T=36.13(X) 50% 50% Medical-Dental Office AM Peak T=2.48(X) 79% 21% (TE/000 SF) PM Peak T=3.72(X) 27% 73% Daily Ln(T)=0.65 Ln(X)+5.83 50% 50% 820:Retail Shopping Center AM Peak. Ln(T)=0.60 Ln(X)+2.29 61% 39% (TE/1000 SF) PM Peak "Ln(T)=0.660 Ln(X)+3.4 48% 52% l Source:Trip Generation 7'f'Edition,Institute of Transportation Engineers(ITE)[Washington,D.C.(2003)1.. . . p p Use'444: Movie Theater with Matinee from Ti ip Generation; T�'Edition,Institute of Transportation Source: PM eal.hour tri rate for Land Engineers(ITE),Washington,D.C.(2003). AM peak hour trip generation rate estimated based on information published in Traffic Generators SANDAG-April 2002. a TABLE 3 , PROJECT TRAFFIC FORECAST COMPARISONS DIAMOND HILLS PLAZA OFFICE BUILDING PROJECT,DIAMOND BAR Daily AM Peak Hour PM Peak Hour Project Description 2-Way InOut Total In Out Total Now-Proposed Project ® Diamond Hills Plaza (1492272 SF) 8,811 121 78 199 391- 424 815 Internal Capture Adjustment4 -183 0 0 0 -16 =16 -32 Subtotal 8,628 121 78 199 375 408 783 Pass-By Adjustments -863 -12 -8 -20 -135 -147 -282 Retail Center Net Trip Generation 7,765 109 70 179 240 261 501 ® Day Care Center(7,450 SF) 590 51 45 95 46 52 98 Internal Capture Adjustment4 -109 0 0 0 -13 -8 -21 Subtotal 481 50 45 95 33 44 77 Pass-By Adjustments -48 -5 -4 -9 -13 -18 -31 Day Care Net Trip Generation 433 1 45 41 86 20 1 26 46 ■ " Proposed DFP Office Building 398 49 7 56 9 45 54 (36,134 SF) Int.ernal Capture Adiustment4 -74 0 0 0 -3 -88 -11 Office Building Net Trip Generation 324 49 7 56 6 37 43 Music/Art Academy (10,200 SF)6 505 0 0 0 57 57 114 Net Trip Generation Potential for 9,027 204 118 322 323 381 704 Proposed Project: Approved Redevelopment Plan ■ CHTC Retail Center (171)983 SF) 9,661 132 85 217 430 466 896 Internal Capture Adjustment4 -326 0 0 0 -9 -14 -23 Subtotal 9,335 132 85 217 421 452 873 Pass-By Adjustments -934 -13 -9 -22 -139 -149 -288 Retail Center Net Trip Generation 8,401 119 76 195 282 303 585 Proposed Medical Office Building 1'774 96 (49,100 SF)) 26 122 49 134 183 Internal Capture Adjustment4 -326 . : . _ 0 0. . 0 -14 -9. _._23 Medical Office Net Trip Generation 1,448 96 26 122 35 125 160 -.Net Trip Generation Potential for 9,849 215 102 317 317 428 745 Proposed Project: Net Difference in Trip Generation:' Now Proposed Project vs.Approved -822 -11 16 5 6 -47 -41 Redevelopment Plan Source:Trip Generation,71h Edition,Institute of Transportation Engineers(ITE)[Washington,D.C.(2003)]. a Source:Internal Capture rates were estimated based on the methodology outlines in Chapter 7—Multi-Use Development of.Trip Generation Handbook,published by ITE 'June 2004.. 5 Pam-By Trips.are trips made as intermediate stops on the.way from an origin to a primary trip destination..Pass-by trips are attracted from traffic passing the site on adjacent streets,which contain direct access to the generator. The PM peak hour pass-by percentage(T)for retail shopping center uses is calculated based on the.following equation: LN (T)=-0.291 LN (X)+5.001; where`X= gross leasable area(Source: Trip Generation Handbook,ITE June N04).For a day care center,a 401/o PM peak hour pass-by reduction factor was used,(Source:SANDAG Traffc Generators).,AM peak hour and daily pass-by percentages estimated to be 10%For above referenced land uses. 6. LLG's Supplemental Tiac aiTd Parkirig'Assess�neni for Diamond Hills Renova[iorr Project Proposed Music/Art Academy, dated March 12, 20/0 evaluated the potential irinpacts associated with this use: d t. TABLE 4 SUPPLEMENTAL YEAR 2016. PEAK HOUR INTERSECTION CAPACITY ANALYSIS (1) (2) (3) 2003 Existing Year 2016 Year 2016 (4) Traffic Cumulative Cumulative PlusSignificant Diamond Bar Boulevard at Time Conditions Traffic Project Traffic Impact Fountain Springs Lane Period ICU LOS ICU LOS ICU LOS ICU Inc. Y/N Approved AM 0.639 B 0.771 C 0.786 C 0.015 No 1. Redevelopment Plan Traffic Im act PM 0.665 B 0.868 D 0.893 D 0.025 No Now-Proposed Project AM 0.639 B 0.771 C 0.788 C 0.017 No 2' Traffic Impact PM 0.665 B 0.868 D 0.886 D 0.018 No Bold ICU/LOS values indicate adverse service levels based on City LOS standards. Significant project.impact is defined as a 0.02 or greater increase in ICU value of a signalized intersection where the final LOS is E or F. s Represents antici ated of thePP "Approved Redevelopment Plan"as assessed in the July 2005 traffic study. ,.. P P 9Represents anticipated of the."Now-Proposed Project"which is forecast to generate fewer trips,especially during the.critical PM peak hour. s TABLE 5 CITY CODE PARKING REQUIREMENTSt . DIAMOND HILLS PLAZA OFFICE BUILDING PROJECT,DIAMOND BAR Square-feet of Gross Floor City of Diamond Bar Spaces Project Description Area(SF—GFA Code Parking Ratio Required Major Tenants,Retail Shops/Service 1 space per 300 SF-GFA for centers Retail,Bank,Restaurant,Daycare,etc. 124,975 SF- over 50,000 SF,plus 1 space for each 417 1,000 SF,of outdoor display area 300 SF—GFA and 1 space Sakura Foot Spa with staff of 4 - 1,138 SF 1 spacer per. 8 per employee YIC Tae Kwon Do Martial Arts 3 142 SF I spacer per 150 SF-GFA and l space 29 with staff of 8 per employee Music Academy 1 spacer per 300 SF—GFA and 1 space 67 with 30 teachers and 3 staff SF per employee 1 space per 100 SF—GFA,plus I space Fast-Food 7,467 SF for each 100 SF of outdoor dining area 75 AAA DB District Office 20,000 SF 1 space per 400 SF-GFA 50 Proposed Office Building 36,134 SF 1 space per 400 SF-GFA 90 Total Floor Area: 203,056 SF Total Code Parking Requirement: 736 Proposed Parking Supply: 926 Parking Surplus/Deficiency(+/-): +190 i Source: City of Diamond Bar Municipal Code,Section 22.30.040.-Number of Parking Spaces required. Restaurant floor area consists of approximately 19,230 SF of gross floor area dedicated to patrons,and 8,246 SF .of service area.A total of approximately 5,800 SF of outdoor dining area.is assumed to be provided. r a , TABLE 6 WEEKDAY SHARED PARKING DEMAND ANALYSIS[11. DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Land Use Retail/Service Fine/Casual Fast-Food Proposed Office YIC Tae Kwon Do AAA Office Bank Music/Art School Retail Dining 'Restaurant Building Martial Arts Size 89.757 KSF 27.476 KSF 7.467 KSF" 20.000 I{SF 36.134 KSF : 8.874 KSF 3.148 I(SF 10.2 KSF PIT Rate[2j 3.33:/KSF See Note[3] 10.00/I(SF 2.50/KSF 2.50/ICSF 3.33/I(SF See Table 5 for See Table 5 for Comparison w/ Calculation Calculation Gross 303 Spc. 342 Spc. 75 Spc. 50 Spe. 90 Spc. 30 Spc. 29 Spc. 67 Spc. Parking Supply Spaces Shared 926 Spaces Number of :.-Number of Number of Number of Number of Nmnber of Number of Number of Parking Surplus . Time of Day Spaces S uces Spaces Spaces Spaces Spaces Spaces Spaces Demand (Deficiency) 6:00 AM.. 7 .0 5 I 2 0 0. 0 IS 911 7:00 AM-" 20. 9 8 14, 25 0 0 0 76 . 850 8:00 AM 55:, 23 16 36 63 16 8 - 0 217 709. 9:00 AM 118 35- 23 46- 83 28 8 0" 341 585 10:00 AM, 189 83 43 50 90` 30 29 0 514 412 11:00.AM 239 146 65 48 86 20 29 0 633 293 12:00 PM 263 239 75 42` 76`. 20 29 0 744 182 1:00 PM 273. 239 75": 43. 78 20 29 0 757 169 `2:00 PAI 263 213 68.!-- . 90 90 24 29 33 770 156 1 1;39- 46 - 48 86 20 29 : 67 . 686 240 ' 3:00 PM 25 4:00 P.M 251 166 42 42 ` 76 26 29 67" : 699 227 5:00 PM 261_ 244 46 23 43 30 29 r 67 743 183 . 6:00 PM 261 296 64" 12 ;. : 21, 0 29 67 750 176 7:00 PM 26I 308 61.. _ 5 8 0 29 67 739 187 8:00 PM 224 308 39 3 6 0 29 33 642 284 9:00 PM I50 308 23 1 2 0 8 0" 492 434 10:00 PM 87 296 16 0 . 1 0, 8 0 408 518 11:00 PM 30 237. '. g 0 0 .0 0 0 275 G51 12:00 AM 0 84 5 0 0` 0 0 0 89 837 Notes: [1] Source:.ULI-Urban Land Institute"Shared Parking,"Second Edition,2005: [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios. [3] City Code parking rate calculates to a I sp/75 SF of GFA for patrons(19,230 SF)and 1 sp/300 SF of GFA for service area(8,246 SF),plus I sp/100 SF of outdoor dining(5,800 SF). 1. TABLE 7 WEEKEND SHARED PARKING DEMAND ANALYSIS[7) DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Land Use Retail/Service Fine/Casual Fast-Food Proposed Office YIC Tae I(ivon Do AAA Office Bank Music/Art School Retail Dining Restaurant Building- Martial Arts Size 89.757 KSF 27.476 KSF 7.467 KSF 20.000I1SF 36.134 I(SF 8.874 KSF 3.148 KSF 10.2 KSF Picg Rate[21 3.33/KSF. See Note[3] 10.00 F See Table 5 for See Table 2 for ComP�arisou w/ /KSF 2.50/KSZ.50/KSF' 3.33/KSF Calculation Calculation Gross 303 Spc. 342 Spc. „ 75 Spc. < 50 Spc: 90 Spc. 30 Spc. 29 Spc. 67 Spc. Parking Supply Spaces Shared 926 Spaces Number of - Number of Number of Number Number of Number of Number of Number of Parking Surplus Time of Day" Spaces Spaces Spaces Spacesof Spaces Spaces Spaces Spaces Demand (Deficiency) 6:00 AM 8 0 5 0 0 0 0 0 13 913 Z:OO AM 21" 1 8 ( 2 0 0 0- 42 884 8:00 AM 48 15 15 3 5 14 8 33 133 793 1 9:00 AM 119 31 22 4 8 18 8 67 269 657 10:00 AM 773 38 41 4 8 25 29 67 356 570 1:00 AM 215 82 61 5 9 30 29 67 469 457 12:00 PM 255 184 70 4 8 28 29" 67 616 310 1;00 PATI 279 l98 76 4 8 0 29 67 626 300 2:00 PM 303 169- :. .64 3. 5 0 29 67 611 315 3:00 PM 303 169 43 2 3 0 29 67 . 587 339 4:00 PM 291 _' 164 39 1 2 0 29 67 569 357 5:00 PM 1 276 j 226 1 43 0 1 0 29 33 - 579 347 6i0U PM 246 313 GO:. 0 1 0 29 0 620 306 . 7:00 PM 231 327 ' 57 p. 0" 0. 29 0 615 311 8:00.PM 203 342" 36 0 0 0 29 0 581 345 9:00 PM 161 313 22 0 0 " 0 8 0 496 " ' 430 10:00 PM 112 313 150 0 0 g 0 440' 486 11:00 PM 45 305 8 0 0 0 p 0 358 568 . 1 12:00 AM 0 172 5 O 0 0. 0. 0 177 749 Notes: [1] Source: ULI-.Urban Land Institute"Shared Parking,"Second Edition,2005. [2] Parking rates for all land uses based on ULI procedure"normalized to express percentage in terms of absolute peak demand ratios. [3] .City Code parking rate calculates to a 1 sp/75 SF of GFA for patrons(19,230 SF)and 1 sp/300 SF of GFA for service area(8,246 SF),plus I sp1100 SF of outdoor dining(5,800 SF). APPENDIX A ULI PARKING CALCULATION WORKSHEETS st UNSCOTT,LAW&,GREENSPAN,engineers' LL G Ref.2=I 0-3146-1 = Diamond Hills Plaza Office Building,Diamond Bar \:a10i 31t'?t40:,AHI'i)f,ioe BuilainLiDiamond bAORe7uy0l46 Varl . r C'n,. 6 a Appendix Table A-1 .G SHOPPING CENTER(TYPICAL DAYS) , WEEKDAY SHARED PARKING DEMAND ANALYSIS[1] DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Month: Land Use Shopping Center(Typical Days) Size 89.8 KSF Pkg Rate[2] 3.3 /KSF Gross 303 Spaces Spaces 244 Guest Spc. 59 Emp.Spc. Shared Time %Of #Of % Of #Of Parking of Day Peak[3] Spaces Peak[3] Spaces Demand 6:00 AM 1% 2 9% 5 7 7:00 AM 5% 12 14% 8 20 8:00 AM 14% 34 36% 21 55 9:00 AM 32% 78 68% 40 118 10:00 AM 59% 144 77% 45 189 11:00 AM 77% 188 86%. 51 239 12:00 PM 86%. 210 90% 53 263 1:00 PM 90% 220 90% 53 273 2:00 PM 1 86% 210 90% 53 263 3:00 PM 81% 198 90% 53 251 4:00 PM 81% 198 90% 53 251 5:00 PM 86% 210 .86% 51 261 . 6:00 PM 86% 210 86% 51 261 7:00 PM 86% 210 86% 51 261 8`.00 PM 72% 176 . 81% 48" : 224 9:00 PM 45% 110 68% 40 150 10:00 PM 27% 66 36% 21: 87 11:00 PM 9% 22 14% 8 30 12:00 AM, 0% 0 0% 0 0' Notes:. [1] Source: ULI Urban Land Institute"Shared Parking," Second Edition,2005. [2] Parking rates for all land uses based on ULI"procedure normalized to express percentage in terms of absolute peak demand ratios.Breakdown of guest vs.employee [ g p parking ct relationships between weekday 3 Percentage of peak arkin demand factors refle ". parking demand ratios and peak parking demand ratios, as summarized in Table 2-2 of the "Shared Parking"manual. t � Appendix Table A-2 SHOPPING CENTER(TYPICAL DAYS) k WEEKEND SHARED PARKING DEMAND ANALYSIS[1] DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Month: Land Use Shopping Center(Typical Days) Size 89.8 KSF Pkg Rate[2] 3.3 /KSF Gross 303 Spaces Spaces 242 Guest Spc. ` 61 Emp.Spc. Shared Time %Of #Of % Of #Of Parking of Day Peak[3] Spaces Peak[3] Spaces Demand 6:00 AM 1% 2 10% 6 $ 7:00 AM 5% 12 15% 9 21 8:00 AM 10% 24 40% 24 48 9:00 AM 30% 73 75% 46 11.9 10:00 AM 50% 121 85% 52 173 11:00 AM '. 65% 157 95% 58: 215 . 12:00 PM 80% 194 - _ 100% 61 255 1:00:PM. 90% 218 100% 61 279 2:00 PM 100% 242 100% 61 303 3:00 PM .100% 242 . 100% .61 303 4:00 PM 95% 230: 100% 61 291 5:00 PM 90% 218 95% 58 276 6:00 PM 80% 194 85% 52 246 7:00 PM 75%. 182 80% 49 231 8:00 PM: 65% 157 75% 46 203, 9:00 PM` 50% 121 65% 40 161 - 10:00 PM . 35% 85 45% 27 112 11:00 PM 15% 36 15% 9 45 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: ULI Urban.Land Institute"Shared Parking," Second Edition,'2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios.Breakdown of guest vs.employee i . {3] Percentage of peak parking demand factors reflect'relationships between weekday parking demand ratios and peak parking demand ratios,as summarized in Table 2-2 of the : "Shared Parking manual. I Appendix Table A-3 FINEICASUAL DINING = WEEKDAY SHARED PARKING DEMAND ANALYSIS[1] DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Month: Land Use Fine/Casual Dining with 5,800 SF Outdoor dining Size 27.5 KSF Pkg Rate[21 See Note[31 /KSF Gross 342 Spaces Spaces 1 290 Guest Spe. 52 Emp.Spc. Shared Time %Of #Of - %Of 40f Parking of Day Peak[31 Spaces Peak[31 Spaces Demand 6:00 AM 0% 0 0% 0 .0 - 7:00 AM 0% 0 18% 9 9 8:00 AM 0% 0 45% 23 23 9:00 AM 0% 0 68%0 35 35 10:00 AM 14% 41 81% 42 83 11:00 AM36% 104 81% 42 146 12:00 PM 68% 197 81% 42 239 1:00 PM. 68% 197 81% 42 239' 2:00 PM 59% 171 81% 42 213 3:00 PM 36% 104 68% 35' 139 4:00 PM 45% 131 68% 35 166 5:00 PM 68% 197 90% 47 244 6:00 PM 86% 249 90% 47 296 7:00 PM 90% 261 906/. 47 308 8:00 PM 90% 261 90% 47 308 9:00 PM 90% 261 90% 47 308 10:00 PM 86%' 249 90% 47. 296 ` �12 �00 68% ]97 77% 40 237 . 23% 67 32% ]7 84 Notes: [l] Source: ULI-Urban Land Institute"Shared Parking,"Second Edition,2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios.Breakdown of guest vs employee [3] Percentage of peak parking demand factors reflect relationships between weekday : parking demand ratios and peak parking demand ratios,as summarized in Tablet 2 of the "Shared Parking"manual. Appendix Table A4 ; FINEICASUAL DINING WEEKEND SHARED PARKING DEMAND ANALYSIS[1J DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Month: Land Use Fine/Casual Dining with 5,800 SF Outdoor dining Size 27.5 KSF Pkg Ratel2l See Note[3] /I{SF Gross 342 Spaces Spaces 291 Guest Spe. 51 Emp.Spc. Shared Time %Of, #Of %Of #Of Parking of Day Peak[3] Spaces Perak[3] Spaces Demand 6:00 AM 0% 0 0% 0_. 0 7:00 AM 0% 1 0 20% 10 10 8:00 AM 0%'.. 0 30% 1515 9:00 AM 0% 0 60%. 31 31 10:00 AM. 0% '-'. 0 75% 38 38 11:00 AM 15% 44 75%.' . 38 82 12:00 PM` 50%'. 146 75%'. 38 184 - 1:00 PM 556/6 160 75% 38 198 .2:00 PM 45% 131 75% 38. 169,. 3:00 PM 45% 131 75% 38 169 4:00 PM 45%, 131 75%' 38 169 5:00 PM. 60% 175 100% 51 226 6:00 PM 90%' 262 100% .51 313 '.. 7:00 PM 95%"' 276 100%.> 51 327 8:00 PM 100% 291`" 100% 51 342 _9:00 PM. 90% ' 262 ` 100%.% 51 313 10i001`M 90%' 262 100% Sl 313 11:00 PM 90% 262 85% 43 305 12:00 AM ji 50% 146 50% 26 177 Notes: [1] Source: ULI-Urban Land Institute"Shared Parking,"Second Edition,2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios.Breakdown of guest vs.employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios,as summarized in Table 2-2 of the "Shared Parking"manual: Appendix Table A-5 t FAST-FOOD RESTAURANT WEEKDAY SHARED PARKING DEMAND ANALYSIS[1] DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Month: Land Use Fast-Food Restaurant Size 7.5 KSF' Pkg Rate]2] 10.0/KSF Gross 75 Spaces Spaces 1 64 Guest Sp.—T 11 Emp.Spc. Shared. Time - %Of #Of %Of #Of Parking. of Day Peak]3] Spaces Peak]3] Spaces Demand 6:00 AM 5% 3 15% 2 5 7:00 AM 10% 6 20% 2 4 8 8 8:00 AM . 20% 13 30%1 3 16 9:00 AM 30% 19 40%' 23 10:00 AM 55% 35 75% 43 11:00 AM 85% 54 100% 11 65 12:00 PM 100% 64 100% 11' 75 1:00 PM 100% 64 100% 2:00 PM` 90% 58 95% 10 68 3:00 PM 60% 38 70% 8 46 4:00 PM 55% 35 60% 7 42 5:00 PM 60% 38 70% 8' 46 6:00 PM 85% 54 90% 10 64 7:00 PM 80% 51 90% 10 61 8i00 PM 50% 32 60%' 7 39 9:00 PM 30% 19 40%. 4 23 10:00 PM 20% 13 30% 3 16 11:00 PM 10% 6 20% 2 8 12:00 AM 5% 3' 20% 2 5 Notes: [1] Source: ULI-Urban Land Institute"Shared Parking,"Second Edition,2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios.Breakdown of guest vs.employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios,as summarized in Table 2-2 of the ""Shared Parking"manual. Appendix Table A-6 FAST-FOOD RESTAURANT ` WEEKEND SHARED PARKING DEMAND ANALYSIS[1] DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Month: Land Use Fast-Food Restaurant Size 7.5 ICSF Pkg Rate[2] 10.0/KSF Gross 75 Spaces Spaces 64 Guest Spc. 11 Emp.Spe. Shared Time %Of #Of-- °/ Of #'- ._.... Of Panting ° of Day; Peak[31 Spaces Peak 131 Spaces Demand 6:00 AM 5% 3 14% 2 5 7:00 AM 9% 6 19% : 2 8 8:00 AM 19% 12 28% 3 15 9:00 AM : 28% 18 37% 4 22 I O:OO AM 51% 33 - 70% 8 41 11:00 AM 79% 51 93% 10 61 12:00 PM93% 60 93% 10 70 1:00 PM 93% 60 93% 10 70 2:00 PM 84% 54 89% 10 64 3:00 PM' 56% 36 65% 7 43 4:00 PM '` 51% 33 56% 6. 39 5:00 PM 56% r . 36 65% 7 43 . 6:00 PM 79%. 51 84% 9_ 60' 7:00 PM' 75% 48 84% 9 _57 8:00 PM 47% 30 56% 6 36 9:00 PM 28% 18 37% 4 22 10:00 PM 19% 12 28% 3 15 11-:00 PM 9% 6. _ 19% 2 8 12:00 AM 5% 3 19% ., 2 5 Notes: [I] Source: ULI-Urban Land Institute"Shared Parking, Second Edition,2005: [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios.Breakdown of guest vs,employee [31 Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios'and peak parking demand ratios,as summarized in Table 2-2 of the "Shared Parking"manual. a 1 Appendix'Ta ble A-7 AAA OFFICE WEEKDAY SHARED PARKING DEMAND ANALYSIS[1] DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Month: Land Use Office Size 20.0 KSF Pka Rate[2] 2.5/KSF Gross 50 Spaces Spaces 4 Visitor Spe. 46 Emp.Spe. Shared Time %Of #Of %Of #Of Parldng of Day Peak:[3] . Spaces Peak[3] Spaces Demand 6:00 AM 0% 0 3% 1 1 7:00 AM I% 0 30% 14 14 8:00 AM 20%. 1 75% 35 36 9:00 AM 60% 2 95% 44 46 10:00 AM 100% 4 100% 46 50 11:00 AM 45% 2 100% 46 48 12:00 PM 15% 1 90% 41 42 1:00 PM 45% 2 90% 41 43 2:00 PM 100% 4 100% 46 50 3:00 PM 45% 2 lob% 46 48 4:00 PM 15% 1 90%° 41 42 5:00 PM 10% 0 50%° 23 23 6:00 PM 5% 0 25% . 12 12 7:00 PM 2% 0 10%. . 5 5 8:00 PM 1% 0 7% 3 3 9:00 PM 0% 0 3% 1 1 10:OOPM 0% 0 1% 0 0 11:00 PM 0% 0 0% 0 0 12:00 AM 0% 0 0% 0 0. Notes: [1] Source: ULI-Urban Land Institute"Shared Parking,"Second Edition,2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios.Breakdown of guest vs.employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios,as summarized in Table 2-2 of the . . "Shared Parking manual. i Appendix Table A-B aa� AAA OFFICE _ WEEKEND SHARED PARKING DEMAND ANALYSIS[1] DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Month: Land Use Office Size 20.0 KSF PkgRate[2] 2.5/KSF Gross 50 Spaces Spaces 4 Visitor Spc. 46 Emp.Spc. Shared Time . %Of #Of %Of Nor Parking. of Day Peak[3] Spaces Peak[3] Spaces Demand 6:00 AM 0% 0 0%. 0.' 0 7:00 AM 2% 0 2% 1 1 8:00 AM 6% ,. 0 6% _ 3 3. 9:00 AM 8% 0 8% 4 4 10:00 AM 9% 0 9% 4 4 11:00 AM I0% 0 10% 5 5 12:00 PM 9% 0 9% 4 4 1:00 PM 8%` 0 8% 4 4 2:00 PM. 6% 0 6% 3 3 3:00 PM 4% 0 4% 2 2 4:00 PM 2% 0 2% 1 1 . 5:00 PM 1%, 0 1% 0 0 6:00 PM 1%, 0 1% 0 0 7:00 PM 0% 0 0% 0 0 B:OO PM 0% 0 0% 0 0 9:00 PM 0% 0 0% 0 0 ` 10:00 PM 0% . 0 0% 0 0 11:00 PM 0% 0 0% 0 . 0 12:00 AM 0% 0 0% 0 0 Notes: [1] Source:ULI-Urban Land Institute"Shared Parking,"Second Edition,2005. [2] Parking rates for all land uses based on ULI procedure normalized to express Percentage in terms of absolute peak demand ratios.Breakdown of guest vs,employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios,as summarized in Table 2-2 of the "Shared Parking'manual. _ t Appendix Table A-9 Proposed THL Office Building WEEKDAY SHARED PARKING DEMAND ANALYSIS]1} DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Month: Land Use Office Size 36.1 KSF " Picg Rate[2] 2.5/KSF Gross 90 Spaces Spaces 7 Visitor Spc. 83 Emp.Spc. Shared Time %Of #Of %'Of #Of Parking Of Day Peak[31 Spaces Peak[31 Spaces Demand 6:00 AM 0% 0 3% 2 2 7:00 AM I% 0 30% 25 25 8:00 AM 20% 1 75% 62 63 9:00 AM 60% 4 95% ' 79 83 10:00 AM 100% 7 100% 83 90 11:00 AM 45% 3 100% 83 86 " 12:00 PM 15% 1 90% . 75 76 1:00 PM` 45% 3 90% 75 78 2:00 PM 100%. 7 100% 83 90 3:00 PM 45% 3 100% 83 86 4:00 PM 15% . 1 90% 75 76 5:00 PM 10% 1 50% 42 43' 6:00 PM 5% " 0 25% 21 21 7:00 PM 2% 0" 10% 8 8 8:00 PM 1% 0 7% 6 6" 9:00 PM 6%. 0 3% 2 2 10:00 PM 0% 0 l% 1. 1 11:00 PM 0% 0 0% 0 0 12:00 AM 0% . 0 0% 0 0 Notes: [1] Source: ULI-Urban Land Institute"Shared Parking,"Second Edition,2005.' [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios.Breakdown of guest vs.employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios,as summarized in Table 2-2 of the " .. . . . . , . . "Shared Parking"manual:.,. . a 1 Appendix Table A-10 Proposed THL Office Building WEEKEND SHARED PARKING DEMAND ANALYSIS[1} DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Month: Land Use Office Size 36.1 KSF Pltg Rate[21 2.5/KSF Gross 90 Spaces Spaces 7 VisitorSpr- 83 Emp.Spe. Shared Time %Of - -'#Of - %Of #Of Parking of Day. Peak[31 Spaces Peak[31 Spaces Demand 6:00 AM 0% 0 0% 0 0 7:00 AM 2% 0 2% 2 2 8:00 AM 6% 0 6% 5 5 9:00 AM, 8% 1 8% 7 8, 10:00 AM. 9% ] 9% 7 8 11:00 AM 10% 1 10% 8 9. 12:00 PM 9% 1 9% 7 8 1:00 PM 8% 1 8% 7 8 2:00 PM, 6% 0 6% 5 5 3:00,PM 4% 0 4% 4:00 PM. 2% 0 2% 2 2 5:00 PM .` 1% 0 1% 1 1 6:00PM'. 1% 0 1% 1 l 7:00 PM 0% 0 0% 0 0 8:00 PM, 0% 0 0% 0 0 9:00 PM 0% 0 0% 0 0 10:00 PM 0% 0 0% 0 0 11:00 PM' 0% 0 0% 0 0 12:00 AM 0% 0 0% 0 D Notes: [1] Source: ULI-Urban Land Institute"Shared Parking,"Second Edition,2005. [2] Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios.Breakdown of guest vs.employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios,as summarized in Table 2-2 of the "Shared Parking"manual. Appendix Table A-11 BANK WEEKDAY SHARED PARKING DEMAND ANALYSIS[1] DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Month: Land Use Bank Size 8.9 KSF Pkg Rate[2] 3.3/KSF Gross 30 Spaces Spaces 20 Visitor Spe. 10 lamp.Spc. Shared Time /o Of Of. # / ° °o Of #Of Parking . of Day Peak[3] Spaces Peak[3] Spaces Demand 6:00 AM0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 50% 10 60% 6 16 9:00 AM 90% 18 100% 10 28 10:00 AM 100% 20 100% 10 30 11:00 AM 50% 10 100% 10 20 12:00 PM 50% 10 100% 10 20 1:00 PM 50% 10 100% 10 20 2:00 PM 70% 14 100% 10 24 3:00 PM 50% 10 100% 10 20 4:00 PM 80% 16 100% 10 26 5:00 PM 100% 20 100% 10 30 6:00 PM 0% 0 0% 0 0 7:00 PM 0% 0 0% 0 0 8:00 PM 0% 0 0% 0 0 9:00 PM 0% 0 00/. 0 0 10:00 PM 0%" 0 0%' 0 0 11:00 PM 0% 0 0% 0 , 0 12:60 AMIL 0% 0• 0% 0 0 Notes: [1] Source: ULI.-Urban Land Institute"Shared Parking,"Second Edition,2005: [21 Parking rates for all land uses based on ULI procedure normalized to express percentage in terms of absolute peak demand ratios.Breakdown of guest vs.employee' [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios,as summarized in Table 2-2 of the °Shared'Parking"manual: -- - Appendix Table A-12 ' BANK WEEKEND SHARED PARKING DEMAND ANALYSIS[1] DIAMOND STAR OFFICE BUILDING PROJECT,DIAMOND BAR Month: Land Use Bank Size 8.9 KSF Pkg Rate[2] 3.3/ICSF Gross 30 Spaces Spaces 20 Visitor Spc. 10 Emp.Spc. Shared Time %Of #Of -.._..%Of #Of Parking of Day Peak[3] Spaces Peak[3] Spaces Demand 6:00 AM 0% 0 0% 0 0 7:00 AM 0% 0 0% 0 0 8:00 AM 25% 5 90% 9 14 9:00 AM 40% 8 100% 10 18' 10:00 AM . 75% 15 100% 10 25 11:00 AM 100% 20 100% 10 30 12:00 PM 90% 18 100% 10 28 1:00 PM 0%. 0 0% 0 0 2:00 PM 0% 0 0% 0 0 3:00 PM 0% 0 0% 0 O 4:00 PM 0% 0 0% 0' 0 5:00 PM 0% 0 0% 0 0 , 6:00 PM 0% 0 0% 0 0 7:00 PM- 0% 0 0% 0 0 8:00TM 0% 0 0% 0 0 9:00 PM 0% 0 0% 0 0 10:00 PM. 0% 0 0% 0 0 11:00 PM 0% 0 0%. 0.. 0 12:00 AM 0% 0 0% 0 0 Notes: [1] Source: LU-Urban Land Institute"Shared Parking,"Second Edition,2005. [2] Parking rates for all land uses based on ULI procedure normalized to express - Percentage in terms of absolute peak demand ratios.Breakdown of guest vs.employee [3] Percentage of peak parking demand factors reflect relationships between weekday parking demand ratios and peak parking demand ratios,as summarized in Table 2-2 of the "Shared Parking"manual: _. INDEX MAP OF PHOTOGRAPHS _ - - CREATIVE DESIGN ASSOCIATES, ;r Printed On:Jul 6, 2010 A ( 8285-020-046,047 jLegend G1N1 nnl fp Y - 0 rr B J n rv . ' AP Yinp [M R n ecu - vk PROJECT: DIAMOND STAR OFFICE BLDG i 2705 S.DIAMOND BLVD. i DIAMOND BAR,CA 91765. ELOP CLIENT: CGM DEVELOPMENTS � ' -17528ROWLANDSTREET - - ! CITY OF INDUSTRY,CA 91748 N. M f ,RR�JECT SITE 7 q. -} -_ 7} i nac:rnu u a uaw nvrJp,»+mn mau+ts J+,n•a nurr,v:n r>tirn - ;� .. tura•rrwrJwfJar.dcropnc•nam.,«uy+ce;:narx•.KrmJs•�.a,.r % „ t +-'-qtr...•. _. me I & •to a I -�;"�C'`••4 `�� 1. permission b with Copyright 2008,-Los Angeles County Department of Regional Planning,created by the GIS Section Printed P Y 0 50 ioo ft. the Los Angeles County Note:This map represents a quick representation of spatial Imagery or vector layers using SUB-NET. Dept,of Regional Planning. The map should be interpreted in accordance with the disclaimer statement of SUB-NET. All rights reserved. - PG 1 OF 5 IN EX MAP OF PHOTOGRAPHS' CREATNE;DESIGNASSOCIATES - tis`- .. "':"'�,4r ,,��a I'1.n•.;�...tx 5�, -. 2 jL7§£' Yu}'- ..- �} e <-l- . ' w �- - j ,. ,.t All— Ow Mn - - - OHouse 4 on Fountain Spring Ave. 3 House 3 on Fountain Spring Ave. facing North of project. O facing North of project. Y` t^• r � 1� OHouse 2 on Fountain Spring Ave. O _House 1 on Fountain Spring Ave. facing North of project. facing North of project. _z�J ... 4 :Lt :5,, 4 ,eA-'s.' ti-`'�- :;,F. `af •4ts' ;K` 'j = P:,c?k e'�zi-'�.--e. ' �,w.°t�-,:-i. f�� h�k�, _ems-r;��.�-�•'�'..-x•, ac='`.,.� � k,-'lM _ =�s�'_ "x ,,�,� �^ � 5z- ��r n PG2OF5 JNDEXMAP OF PHOTOGRAPHS - _ - CREATIVE DESIGN ASSOCIATES—-_ , �- � 6T'•..r �R.�cf�. i fti t �a��f"k��,s}-0X Z"^` "man .,F^ -r '�,'?. vt .. u" 7;�s N •�''� .y P.a �" w. `,5it 1 t _ EJ.s�.p rim,- ,"sr� Y: ayitrG. r.,.. a�-. 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P.r,Y'.V.��!J.�--4 s'�`�'"St•,y_�.�i'�-��'�3`-�� . ��YMR.p- zeH � sr ti zy'�� x� c !moi �a w� as F ��1 �� x a-�if`y��,hr�°-F•r�.{`�t' -�u�w�ui �1�! �'��;--��-r= y��,�,'�./vf;�` - � �,� � �r,-Y•� 'h�s-• �� .- .j”.•k._.y �"�-i t�r `{ E. :.,. ptz �!rrx,t r�t � �?_,r� ��•,..��`F�i i#. � �-- - �c^ 1 ^..a t �.x t -^ ME -•a, k N 114 t _ y �,zv r!r'. .wk -P•nu. _ *J -' ��,� `��"eb�-�+a_s�,s��`� � � ��-,k.�,� mss; . tcy}, .�S..R •bs� - �.?t„r'�P�y� y'�f - IL _. 110111 OView of existing environment Existing commercial building looking Southwest from project site. O located Southwest of project site. PG3OF5 INDEX MAP OF PHOTOGRAPHS CREATIVE DESIGN ASSOCIATES r -1"- £ -r.t-�7.;. - 4• - .e'_'3_ .•.w :>�- =accS'' 6+a. x'' •7; _ , .. �z i3Mr;9-�.:.n. _✓" 1: •;..4,x'�."S.`vi.ti `'-.' .�%2s:' :. �•q ,., n IE*— h,,. ��r>".�� _h^ s' ''�:.c att1.:�. -,-=k'G�£ �?'Z` 't ,sa.' r¢` _`',., 'f".gloomr'�'. 1,._xa 'sYh:.t. -a-",- r.s.cJ,r,�5-1 �lr -w w�., ..i-:�, "f t_r^:li ��_. "h'"� -r•.^'Si:,� - µ-'�s 7,{t?; . ,:z r ., ...-.-�sw r•�.ft5.,x=� ;-` :.,.+ N` ..r-r ^ -, A.. A; S cis a. ax -..:e,`s. "�. tQ ",x ': -4�.._'15 ,' x. � '}sA .,. .- -.F�r; _ r ': _- .. .:-' �.F£'t' ,°°S�sy..ti�•.-rs .. �r'''j,` .�x iz,3�'�d�-„`„f-• -:' � � ar�1 .�.� * s , .-•a. ,r�.'•#s ',�. �i 'fi i.`_M1.-+'zX- n (,a-GFC' Vwj,.f,is:3• �{'' .$' �{` .:y =�:v'.tt`�_15-10 `. L..iiv �3`�,5=3;_ �'>a .��-a4 — .w�_•K tp. �'ti•gt ? .�_�'i'•`3:N It YL-':S.'�=��w^ �-- 'ai �'�. �—, 5�tm�. }�%t� � ,, �4�,�, �,,;,>�'4� �.�', rt'q��`. *"�' �x.«�- }'��A'.'-•' �n�.-:"'+rr"_�z. •c._.. �,l � ..+'- t � _ '�+F o'>.ar. �r� �I:-�- ...x- ��_,�a^' �, n=,.. �»�'� "1'a�-�i... ,� }s� J.�•.,.� ..i.:. e��ti � ,.i�.us.c,- ��8;5��rr��y��" t,�< 't. �•��-`.��y`��',�. 3��z.;`�a:;��ti� xt��”'�`E""-'.� K�'''^�+`i � x4f`�i•.r�^`g � �, _�^-�-•�cs�r � a �-*��„ �' t � c� k,g. SFy,�•• wY ��E.L.''"�`',. ."z_`�-- -4-,.� �-.'�.�' '�,��,x,� x,,c,�`.,' b''.� „i�, ':- � i- 1•,. s�--�,:' IcT'6i..c.�}�' -'' .�r'r-r�rc`. y, 4-�� 'at �'4•.t =,r>:,c,rT',e�S>•+ r5, I. � s ..;i�vr.� p } s { k K xu r �S wsn*t chzz +;ar�LTP' �:.--Ft r ..^i, .. �•S..r.-r e i w' ��--L -_'':?j - _ n:'�•.I r r:.� �.r h 7 1 t'.�i I err rts &mss #r �S ds '+TT Sifu. � �.�'•'. rE�'•�w`t,r�':��e a.�tt S- -.ild7.�'`:.f'�Y.pd 1 'j+`''�'.C,ay'• - IG -� rte.+ - :. .*- - f ..f �=3i91 .s'� T '�'4e �.. .�i '��. ��1�ZJ �-�" +�S �•c-+•.��mv. -�ev"�a�zL�� ..��' . �� ^ moi-•' +rt+'�-"'.*1 G '�.--c lug a In �w 3 ��.Jr'e^�. "_'r M��F ��r-� J- - r ^+��.�:s�--ate -" �•t SY+" =v-•�"' - �'_�•�i' _ rS � i - �-��i.^� - �`�� :�'ti'� +�.T bW.,�._, _ �4 '�x?^�i'aTr•'--r--"==�--..�..'.' +ja�.:��-.•�' �i:L`y'^'".-�'e'.�ya�.u6 � r"' a. - '��r '-t-}y,a„� - ' . �s��y`_ ,..r--•.�,,:.,� ,SS?e _ ''�=.�.,_�'+-�•��c��-� f'�v �r. �;--`��`�. �'` �J ''� - ,�, •'fit r.- y '° f �',. `y*F�-'.•' �. .��.4,,.T+.it •zsl.a:.s�..�� a,,s<.,v[lr:''�"�-�,.-_� ,'ly.1.�-�'s-�s..� S ..,.x�.. ��S�3K��"`� ••� .�, iSu�Y��E� �^�� - '� �'€"-4 lY r✓ {`�'�',�'-3'r-..r'--- .�......�� its•-s�'�`S�?-��"' .� - ~�`s * _ t .,-.,^ _ $ Existing commercial building View of existing environment located Southeast of project site. O looking South from project site. PG4OF5 o - t,`ji?s jtj y��nx"3�,- ?� � � r,�. `�•�r��r'.c€�h � 1"�" ..7 „ r� .� "� r`*+ - ` IN I Mal- Air•`�,)� 5"�'.� YTI :��'-'>. t t3 r ��`� � r a '*,;, t ! � -��_'_ e t�:l L�� :_"``� t�-'�'�7 (� � `t �' �1 ��• ,jai' ..i§�.Y�. cty_fi��S�%-.�,�r„�x•• �y�' g4„., `�ea"�t`�a=��;^.-r`_}�c$rs.s�r'. y:�,v �+ � 4 k:i'"�'L�w%k�xt_y, .�1� a { �I�m;. �II�IIII)IIII��I�I��I I�I�.t; t '.Y" ,�,�{�Ef�f��,��k'"ea3�z •.alu= `F� � IF Ft�.�4cf" xy;"' 7 g Attachment 9 SITE VIOINI7T MAP - - CHANNEL ----------- 1� i41 + _ VA 4 1 n t • - (RENOVATED) - � •�1'�i, / wnnm..w+.:/ '� az: I,.• a. ' n1111111m, DAY SPA MARKEftFODDCWRr ME Aro oW yna { - I ;• 1 el ; = �}f' T --_ `,, � _J��/ • �• -_—-- - ` -_ _w� �-` it 0 ;' /�� iM3-S)DRY,MEOICALI /• i // / i r - ©i� - '� 3 - , ,' �• PRDFESBIO OFFICE- I% �/®i i -� A pm - . . r.. , ' � unsrsu-teras `• �/ ,• r-- // �i,� - / '.I �o� r' wa�loc„oI ro,.�a aao,a _ � I1� .. ,. � o_ /jh__`/S,'i• � ------ I r i • O NDTAPART 1\ • t ' .,�'"® , _ NDT A PART - - - - ' srzxxma '�+ca • _ -rm+'i�wj0.p6Erco wwa .c rzna ` N ` a g • - NLD(it7 f\ .u,.ouo"uo, .nuorzsa a awumm ! -- `�__�__�__-.--_ DU,MOND HAA BOULEVARD �++•a^s I w•oa,msau.0 MAX.PEAK PARKING ANALYSIS I �' FIXTURE UNIT SUMMARY Pe TRnnows c AWNrSSREPOR) .� LEGAL DESCRIPTION (EXCEPTAMDFFCE.BuuDlNetS&BUILDINets) ZONING INFORMATiON BUHIHI+6Uss PARXMR.OMAM PAw9u PPowEo •PARCELUN•E PARCEt52THR0 I5N0.USNEOFPNICEL MM NO-16122, WA7E1 CIDSETS UVAIDRES BUS.ESSZONE) - ftmiL N1HccfiYwOAM UARM SIEAA4 Ml)w 6WK2d]. W-Iy.E PETM/F6TAUli.WfS 21 - +S OFFICE: 90.6145E 0021Bilam REDUM BA�CN PAOE52HTOO1WCOEROF PARCELMN'S.WTNEOFfiCEOF ,�L11.0FESSCNAL OFFICE OUtDNO 12 12 207 _ THE C W NI•F R�'NPOEA OF 5.1N COUI iY. TWS NEW SiiE0E5Y1N BtMW0 17 ] FRONT•20 DAY SPk OWNER QFRMIRESTALVW1 4 4 SM.2WfE1fRNllvEa AMOFFICE ZO,f00 SF SO 191/400) 45 _ FAST-F000 7,9905E 60(@1110q 00 _ MCCPWylrtmm+enlCq Me TOTALRATME ANIS 56 5t HSOM:2SMRy 9595�W0s1Ye PaJ�vud BUUC WA -R�1W PT 53,]9J SF 591' 414 - Se"HXr,G9W12 - IAEDM OFFICE 49.1W SF 196(@11,00) 177 m 1.012 7 1 NORTH "°2"2im COUNTRY HILLS TOWNE:CENTER �M�A�MPA�N��up•IOS1j655F PAiG®ATiSPACE175SF.Y1611t6,0165E0F SEIMG' _ SCALE 1'c 50 SITE PLAN DIAMOND BAR, CALIFORNIA MESPAPx6DAT I SPACE/000 SF.DUI000HDWN OAREATM"O I.=SFPAMMAT I SPACEl 100 SF 2 SCHEME G COUNTRY HILLS D.B. L.L.C. PA^A PROJECI•NUMHEA: 0311620 , Pierce( DATE 12 OCTOBER 2005 - 9595 WILBHIRE BLVD.HUITE 274 C:OD�eY .,........•. .......•uw.n Atchiloclrs.Ine a . .. - -J� ti��-3� .t•L-� a-u•.�--�� t'� _l y t'� -'+�"r"�_+ - .+�-" '�'"+ t i f l } _�„ -•- -r= F-47V +7r�.-�;� •-y' �•-u '� 1 t..tl.,: a S 1 { J F ,�~. a7. •`�•f� is • �•-.-`-- vjhf` 1 � LI ,�, `"7 � ,i ' .''.-Lkt� f•�,Ijl`..+ -ti �' '�i=•:,,_�A_...^--� -r VIP. r`L3-"+ '.lly ''�u--y1�,_ 'rJ)•�t„•I.-• f'„] Ori""I,t�„'' t'� _. --b �,t�.a'-t,.•;_ ,� £ , I� `;`�' '{ '• '� � `c "t'�F>: -'� �s==�--s.-.�...�_�-�•.- ar.....-_�.o.._ __�-•�"_ _�'s;•�Pc„�y. .,, _' . - - 1. 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Ila f -`l_1 ;=t` i.�._•"�'�--+�i _ - •1. �_�:��-.-�-=',•a_..:'.,+{-' "'�� syr•,�,;ry.-:� ! .•,�• :Y-- ":';e�.1'r .K"s•'�'.�Ft'`l b �!� -•y-, I �}-`•.�,P-'JI ty�. 11 ... rr,/ �� ., .s �.:^^ 1 .e;.�”' :)I'+'-mac•"� •f t - T ti {%-+ .! ✓ �✓ �,�r' „,r_.f;• a .�+ ,3, . 1..`�`=� -.`f �`"'1�'••�"� r "St`,r, �-',.. ''�"-'$fir � -.�,,�:: ��. _t t_ � -.E '`--�. ��'� �,•��--'r v,°' j '•� .i '•+i `y .Y �� I�Cad �-�y ,, -%4 ,* rs.,. -�..fi'��' '�` .% .1`'' r rr� �• 1• r:•�'_a: �`'., •. --��,.`�,, „:•��,;•y�r '1 F� ... I 4�i .�`' � - �'1-L.w '+,.+'",tet°+'• �' "s R:,: .._;' :••. /;,`- �f d r +' i 'r• q-�•. +.,�h„..• y% ::'! 6jl (i-� • '!{ 'r G{c, =r _ F. s; r;i '^ r r _ ^-"r: o ,� +- 'ts :_� -# :q.\ ? >-' `,}:` 1 :'=` ��:�,"'�-,'' '"-��'--'":'ar .r"'.r •':+�<'"' �:, '_.7'av,,,wt'� - r v' .�J •iI� •}qt'�_ 7t .k f y�,.., t --7. _ I. - �� `,ar!'F.+• +"f':,.��rs ._.(;.t`.• '` .r' .�•:.�• %".�'-.ei .;x'= ��:=''�'lYa' •I;: -I �I` __ _lig . �]C.t f 3-1 Ll t:: - 'i•!_7! 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Wsi �., a, - �"�`i, " 1•• i 1'e _ .�..r r .��_.r-•^' -�,r_.-.. ."�_kyr :.- �___-y4 _ _ -" _'-�•`�- __S �..,a:� nt I' •..".!i=++'z"`r- , •�` + �-_Yr--_�_-�t_ _-'�,�..._ _...-- •- -+----ate" ' ,--fir- 4-r;j_,t� ....,+51.�.-.�-��+•Gi^.''r��.�— e.•- _ �__�'�' -�t'�'^=' -. _ •r �- -_ - •- v'rte r,t' - � �, +�Y,k_�_-_-�--„ti,.�_•r'^'-- �"--�--w"�:��_•. .Tim _.-3•._--_-_.�-.. y - - 'r=_— COUNTRY HILLS TOVVNE CENTER ° DIAMOND® BAR, CALIFORNIA Piercel "°F°"ScAly.I- GRADING I N G P LAN coolev COUNTRY HILLS D.B., L.L.C. ��^u�� ' -- pit: sm ULSH6IE BLVD,SUITE 214 0 B. iw PICA PROJECT NUMBER 03.176.40 wwmw�v nic no,o 12 OCTOBER2005 ISI_ ��ic■I�r�r��a•�.`..��.,-�� i�.r--.r�■�■E.-. qui?.n (��P;�u::::;u439��iii�•�•iru;•�r■ir riF�Tcr f1 ■Illil�'1�'lee eli�tI-111 Ir„._o I yunine.■ •��ii�c�n;uni y;i�i nimIN Elm millml E eJl�.AL -s N9 E ika mss y cczn� � % qs es. -ESY w U ? �i :791 � .msssv .�L-•:'tai � e��•■�..i.. 9S4iiim�j'HE .■..�� -€�n._r=,Euiru•• .n _,U�.,.. e?a1�n i•;n GE.fiiTa�nr�,j■ E�iT,Or n� .r_yxr� r��n; snE.}�.nn'fjt�fa .,:� it[�h,.E: luc�•�i 0 o © ° o ° o n ° o � ° n o n o o n o IM m .[,7�7a�, �aaQ•ems _"' AJa-"a .R��i �;■� m ��7� � `� � uiy/�IeL//I��n � � lii�i■ � I _ _ epeos9 .�,9...��.. ,��//,� E ■1 lO��,�� . . psi � .�/n�dan�1 c®� �Jt ..5'�_ -� i � -�C�•w�+—�— �� mien��--y � o - �■ ,IlEWIC ° n ° n ° n O O ° ° ° ° n ° ° ° ° O ° n ° ° an p n • 54+ - c3 oil i �➢ n ° ...ELI . O m ' • 1 m p _,._ i:;.::?; 1464E,>.:;S1fyA4c•i:=:<�ASfs S15Yir 1 OFFICE p .OFFICE OFFICE. 3,0115E p -879 SF 1,685 SF it _ - I p - tog 0 p - SOUTH ELEVATION SECOND FLOOR PLAN ,:y Jff v •;r ,sr n,:r.o' .;;- '1 _,,- „r_n_,.�� ..:+-� �.F.•• r�. _"v74X-- �-�._ -' n..v,.>o - - -, -. NORTH ELEVATION - 6,8385E - __ ' RESTAURANT ..moi•.:. - _ .: - PLAN.OFTRASH '.i:EAST AND WEST- .i+: ,<•, -= ._,e :ENCLOSURE` �.`. ELEVATION OF - -'TRA - _ SH ENCLOSURE 4 • , � O l� ,,,.r,�ra „r< .,rte:•:.» 4 .._. -..- WEST ELEVATIONNORTH ELEVATION SOUTH ELEVATION , ::..'.. OFTRASH -0F TRASH o all ENCLOSURE ENCLOSURE FIRST FLOOR PLAN .MATERIALS&FINISHES _=— ,•.':: ❑, ro.i.mvrc.rw..,,xvmmm,xmcnumnrxur "''•;•.r• r..oaxmrow,acmomsx,awauorc � -.. - - - �-. : ..' -�...• •,: •.. .: '..: - �-❑.ru�iraxmrowiacmmmasnazwoums - ..-. - � - - � �: � \��' �,-, .. '. _: an_s_.- - ❑rstrum£ums+�oc•s.�ox.,u.n.«iivcrsmrtrnrsr.a � :_ OFFICE - - n: ro"an FOUNTAN SPRINGS ROAD .:_. c �,yr•ea 's.. .rr,.... ❑ flESTAURAM -_ ��❑° rnrtcom�rowlr,aya1 suxs,rsnorseuocn�n e x , EAST ELEVAMON - p,ews,wm�a�s,aw,ama.um,m _.- _ ❑s1�cm�ss: _ uxroamrowxac orrt woumc . ❑seru,an+rorxr,. SECTION _ s.xraxm,ow,ao ammen.mF ' � ❑r�i cam�-w,aa om,w.l annca �.. . PLM `sem s 00000aa mow, NORM COUNTRY HILLS TOWNE CENTER 6QALEt'''° ELEVATIONS/FLOOR PLANS DIAMOND BAR, CALIFORNIA ° '°'° 2O RESTAURANT/OFFICE COUNTRY HILLS D.B. L.L.C. Pleroe/ MAPROJECTNUM9ER:03.116.01 1 -- COOley 9595 WILSHIRE BLVD,SUITE 214 DATE 120CT00ER 2005 : AUte�t I BEVERLY HILLS CA 90212 -' ..e«,m .a m..,...�o '"""• - - 310.247.2720 - Attachment 10 ,T CITY OF DIAMONDBAR INITIAL STUDY/ ENVIRONMENTAL CHECKLIST FORM CITY OF DIAMOND BAR 21825 COPLEY DRIVE-DIAMOND BAR, CA 91765 -TEL.(909) 839-7030-. 1. Project title: Diamond Star Office Building 2. Lead agency name and address: City of Diamond Bar, 21825 Copley Drive, Diamond Bar, CA 91765 3. Contact person and phone number: Grace S. Lee, Senior Planner, 909-839-7081 4. Project location: 2705 S. Diamond Bar Blvd., Diamond Bar, CA 91765 5. Project sponsor's name and address: THL Investments, LLC, 17528 Rowland, City of Industry, CA 91748' 6. General Plan Designation: General Commercial 7. Zoning: Community Commercial (C-2) 8'. Description of project: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, .support, or off-site features necessary for its. implementation: Attach additional sheets if necessary) The project site is within Diamond Hills Plaza, a 17.2-acre existing shopping center located at Diamond Bar Boulevard between Cold Spring Lane and Fountain Springs Road. The shopping center consists of retail, restaurants, fast-food take-out, professional offices, and an AAA office building (under separate ownership from the remainder of the center), totaling 179,437 square feet of floor space. In 2008, the first phase of a major renovation was completed at Diamond Hills Plaza. The planned build-out of the renovation. included.an exterior fagade remodel for the former theatre building and removal of two buildings at the southerly end of the center (a freestanding daycare center and a multi-tenant shop building) to facilitate the construction of a three story medical office building. A two story retail/office building was also approved on the vacant pad at the north end of the shopping center where the current three story office building is being proposed. Among the original entitlements, a variance to increase .the building, heights of both existing and proposed buildings was approved. In 2009, the medical office and two story retail/office building projects were terminated, and the Commission approved plans to renovate. the existing twobuildingsinstead., In addition, the Commission approved the demolition of the theatre building and the contruction of a new inline shop building in.its place: A Mitigated Negative Declarationwas adopted for the project described above and incorporated a two story retail/office building`on the' subject property on December 6, 2005. Impacts that were analyzed in the Mitigated Negative Declaration.for the previously approved project as a whole, would not differ substantially from the proposed change and would be less than significant from the previously approved project as awhole. There is a i Pet reduction in intensity with the revisions to the previously approved project._ The elimination of the three story medical office building and replacement of the theatre building with a smaller inline shop building reduced the overall square footageii in the shopping center, even though the proposed three story professional office building is larger than the previously approved two story retail/office building approved on this pad. Pursuant to the provisions of Article 11, Section 15164, an Initial Study/Environmental Checklist was prepared to evaluate the potential environmental impacts that may result from the project changes including, among other things, the proposal to replace the previously approved 12,400 square feet two story retail/office building. Upon the completion of the environmental analysis, it was determined that, as conditioned, the proposed three story office building would have a less than significant effect on the environment. The proposed change of this property from a two story retail/office building to a three story office building would not generate environmental impacts substantially different from those indicated in the Mitigated Negative Declaration approved on December 6, 2005. The applicant is requesting approval to construct a 36,142 square-foot, new three-story . professional office building on a 41,110 square-foot (0.94 acre), Community Commercial (C-2) zoned parcel with an underlying General Plan land use designation of General Commercial. A Tentative Tract Map is requested to subdivide air space for a 34-unit office condominium, a Variance is requested to increase the building height from 35 feet to 39 feet, a Parking Permit is requested to share access and parking with Diamond Hills Plaza (the existing shopping center), and a Comprehensive Sign Program is requested for the signage on the building. 9. Surrounding land uses and setting: (Briefly describe the project's surroundings) North: Single-Family Residential in RLM (Low/Medium Density Residential) zone. South: Two-Story Commercial Building in OP(Office Professional) zone. West: ,Single-Family Residential in RLM (Low/Medium Density Residential) zone. r East: Commercial Shopping Center in C-2 (General Commercial)zone. 10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement): None. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact".as indicated by the checklist on the following pages. Aesthetics Agricultural Resources IAir Quality Biological Resources Cultural Resources Geology/Soils Greenhouse.Gas Emissions Hazards & Hazardous Materials HydrologyNVater Quality Land Use/Planning Mineral Resources Noise Population/Housing Public Services Recreation Transportation/Traffic . Utilities/Service Systems Mandatory Findings of Significance Page 2: DETERMINATION: (To be completed by the Lead Agency) On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared., I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent..A MITIGATED NEGATIVE DECLARATION will be prepared. find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a"potentially significant impact' or"potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier, document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a)' have been analyzed adequately in an earlier EIR or NEGATIVE X DECLARATION pursuant to applicable standards, and (b) have been.avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. ,Signature: Date: 12/22/2010 Printed Grace S. Lee, Senior Planner For: City of Diamond Bar Name: EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that 'are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault .. rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts: 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or:more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) Negative Declaration: Less Than Significant With Mitigation Incorporated applies'where the:, incorporation of mitigation measures has reduced an effect from "Potentially Significant.Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly Page 3 explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses .may be -used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a.) Earlier Analysis Used. Identify and state where they are available for review. b.) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c.) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, including a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each.issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) .The mitigation measure identified, if any, to reduce the impact to less than significance. Page 4. QUESTION: Potentially Potentially Significant Less than No Significant Unless Significan Impact Impact Mitigation t Impact ISSUES Incorporated I. AESTHETICS. Would the project: a Have a substantial adverse effect on a scenic vista? X Impact Discussion: There is no scenic vista around the subject property. The project site is located within an existing commercial shopping center and surrounding area is located in an urbanized area. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within X a state scenic highway? Impact Discussion: No officially designated State scenic routes or highways occur near the project site. c) Substantially degrade the existing visual character or quality of X the siteand its surroundings? Impact Discussion: The project site is located within an existing commercial shopping center and surrounding area is urbanized and contains existing single-family and multi-family residences. The project proposes to construct a three-story professional office building on an existing vacant pad. The project proposes to improve the site by constructing a commercial building that will be compatible to the existing renovated buildings in the shopping center. As such, the proposed project will not degrade the . existing visual character.or quality of the site and its surrounding and will in fact improve them. d) Create a new source of substantial light or glare which would X adversely affect day or nighttime views in the area? Impact Discussion: The project site and its surrounding are currently urbanized and contain various forms of on- and off-site lighting. As part of the proposed project, lighting will be.included around the building and interior of the building. To reduce the impact on adjacent.properties, any new exterior and as art of the lan check review and construction process. With co pursuant to the development code lighting will be directed away or shielded from adjacent properties pur p p compliance with the development code, any significant impact of light and glare will be reduced to a level of insignificance. Page 5 Potentially Potentially Significant Less than No Significant Unless Significan impact ISSUES Impact Mitigation t Impact Incorporated II. AGRICULTURE RESOURCES. In determining whether impacts to agricultural resources. are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Range Assessment project and the Forest Legacy Assessment project; and forest carbon measurement methodology provided in Forest Protocols adopted by the California Air Resources Board. Would the project.: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring X Program of the California Resources Agency, to non-agricultural use? Impact Discussion: The project site is urbanized and is not designated as Prime Farmland, Unique Farmland or Farmland of Statewide Importance. Project implementation would not result in the conversion of farmland to non-agricultural use. Therefore the proposed project would have no impacts to farmlands. b) Conflict with existing zoning for agricultural use, ora X Williamson Act contract? Impact Discussion: Implementation of the proposed project would. not conflict with existing zoning for agricultural use, or a Williamson Act contract. Therefore no impacts would result from the construction or operation of the proposed project. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section X . 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? Impact Discussion: The project site is urbanized and there are no forestland; timberland or timberland zoned Timberland Production uses that are. occurring on-site or in the immediate vicinity. Thus, the proposed project does not involve changes in the existing environment that could conflict with existing zoning or cause of rezoning of forestland, timberland, or timberland zoned Timberland Production. d) Result in the loss of forest land or conversion of forest land to non-forest use? X Impact Discussion: The project site is urbanized and there are no forest land uses that are occurring'on- site or in the immediate vicinity. Thus, the proposed project does not involve changes in the existing environment that could result in loss of forest land or conversion of forest land to non-forest use. Page 6 ;' e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of X Farmland, to non=agricultural use? ImpactDiscussion: The project site is urbanized and there are no farmland uses that are occurring on site or in the immediate vicinity. Thus, the proposed project does not involve changes in the existing environment that could result in conversion of Farmland to non-agricultural uses. Potentially Potentially Significant Less than No Significant Unless Significan Impact Impact Mitigation t Impact ISSUES Incorporated Ill. AIR QUALITY. Where available, the significantcriteria established by the applicable air,quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air X quality Ian? b) Violate any air quality standard or contribute substantially to an. X existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an.applicable federal or state ambient air quality standard X (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant' X concentrations? - : Impact Discussion for a-d: The issues identified in 111 a-d above were studies within the scope of the Mitigated Negative Declaration prepared for the previous'project and adequately addressed by the following mitigation measures, which the projectwill be conditioned to include: Standard Condition 3.3.1: The 'following measures_should be implemented during demolition and construction activities;`consistent with South Coast Air Quality Management District Rule 403 in order to reduce PM10 and PM 2.5 emissions: Water exposed surfaces frequently.(as necessary)to prevent fugitive dust; Cover all stockpile of soil/fill with tarps; and Cover loads of soil/fill on.trucks hauling dirt. Mitigation ' g es should be implemented to reduce equipment emissions and limit xp osure to diesel particulate emissions: p p All diesel trucks should be fitted.with particulate filters and traps; and ®. All construction workers, should .be advised to wear, 'masks when working' near diesel equipment or diesel trucks. Page 7 . . e) Create objectionable odors affecting a substantial number of X people? Impact Discussion: The proposed project will be a three-story professional office building: No restaurant spaces are proposed. The proposed project is therefore not expected to 'generate objectionable odors affecting a substantial number of people. Construction. activity associated with the proposed project may generate detectable'odors from heavy-duty equipment exhaust. However this impact would be short-term in.nature and cease upon project completion. implementation of the mitigation measures would further reduce impacts related to diesel odors. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated IV. BIOLOGICAL RESOURCES. Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, X policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Impact Discussion: The project site is predominately urbanized and built out. The site is currently a vacant pad. There is minimal amount of landscaping within the area, and no species that are candidate, sensitive or special status species are known to exist in the local vicinity due to the urbanized conditions.. The proposed project would not result in significant adverse impact to Federal or State listed or other designated species. b) Have a substantial adverse effect on any riparian habitat or. other sensitive natural community identified in local or regional plans; policies, regulations or by the California Department of X Fish and Game or U.S. Fish and Wildlife Service? Impact Discussion: As previously stated,.the project site is predominately urbanized and built-out. No riparian habitat or sensitive natural communities exist on-site. According to the Resource Management. Element of the City's General Plan, the project site is not identified as having environmental resources. c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) X through direct removal, filling, hydrological interruption, or other means? Impact Discussion: No federally protected wetlands occur on-site. Therefore implementation of the . proposed project would not result in any impacts in this regard. Page 8 Potentially Potentially Significant Less than No Significant Unless Significan impact Impact Mitigation t Impact ISSUES Incorporated d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established X native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Impact Discussion: No migratory wildlife corridors or native wildlife nurseries exist in the project area. Therefore implementation of the proposed project would not result in any impacts in this regard. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or X ordinance? Impact Discussion: The project site is a vacant pad and does not include protected habitat. . The proposed project does not conflict with any local policies or ordinances protecting biological resources, such as tree preservation policy or ordinance. There are no existing protected trees regulated by the City's municipal code. However, there are six 30 to 45-foot tall existing trees on the northerly edge of the property along Fountain Springs Road that are conditioned to be protected. in place during and after construction. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural`Community Conservation Plan, or other X approved.local, regional, or state habitat conservation Ian? Impact Discussion: There are no adopted Habitat Conservation Plan, Natural Community Conservation' Plans or other approved local, regional, or state habitat conservation plans applicable to the project area. Therefore the proposed project would not result in'impacts in this regard. Potentially Potentially. Significant Less than No Significant Unless Significan Impact Impact Mitigation 't Impact ISSUES Incorporated V.<CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a X. historical resource as defined in Section.15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to Section15064.5? X c) Directly or indirectly destroy a unique paleontological resource X or site or unique;geologic.feature? Impact Discussion: The project site is currently a vacant,. pad, .wh.ich has already been graded so impacts to archaeological resources are unlikely. The proposed project:may have a significant adverse. impact if it would cause a substantial adverse change in the significance of a historical resource as defined in Section 15064:5 of the CEQA Guidelines. This section 'of,the CEQA Guidelines defines,a historical resource as one listed in or eligible-for listing in the California Register of Historical Places (per state law), included: in.a local register:of historical resources (as,de.fi. by state law) or identified as significant in an historical resource survey (meeting the requirements of state law) or determined by the lead agency (City of Diamond Bar) to be historically significant or significant in the architectural; engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California, provided the determination is supported by substantial evidence in light of the whole record. Generally, a resource shall be considered by the lead agency to be "historically significant" if the resource meets the criteria for listing on the California Register of Historical Places. In this case, the existing site is not listed in nor eligible for listing in the California Register of Historical Places, not listed in a local registrar of historical resources or identified as significant in an historical resource survey, nor has it been determined to be historically significant by the City because it does not meet the criteria for listing on the California Register of Historical Places. Therefore, it does not meet the definition of a historical resource contained in Section 15064.5 of the CEQA Guidelines and is therefore less than significant impact. Potentially Potentially Significant Less than No Significant Unless Signitican Impact ISSUES Impact Mitigation t Impact Incorporated d) Disturb any human remains, including those interred outside of X formal cemeteries? Impact Discussion: No known human remains occur on-site and due to the level of past disturbance, it . is not anticipated that human remains exist within the project site. The issues identified in V a-d above were studied within the scope of the Mitigated Negative Declaration prepared for the previous project and adequately addressed by the following mitigation measures, which the project will be conditioned to include: MM 3.5-1: If during grading archaeological resources are encountered, construction activities in the area of the find must be immediately suspended the resource must be left in place until. a qualified archaeologist can examine it and determine appropriate mitigation measures. MM 3.5-2: If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Los Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the corner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission for consultation. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated VI. GEOLOGY AND SOILS. Would the project.- a) roject:a) Expose people or structures to potential substantial adverse affects, including the risk of loss,injury, or death involvin i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State.Geologist for the area or based on other X substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Impact Discussion: No active faults are known to traverse the project site and the project site is not located within, or immediate adjacent to an Alquist-Priolo-Earthquake Fault Zone. Therefore; rupture of Page 10:': a known earthquake fault would not occur within the project area. Adherence to standard engineering practices and design criteria relative to seismic and geologic hazards in accordance with the Uniform Building Code (UB) is required. Potentially Potentially Significant Less than No Significant Unless Significan Impact Impact Mitigation t Impact ISSUES Incor orated ii Strong seismic round shakin ? X Impact Discussion: Southern California has numerous active and potentially active faults that could produce strong ground shaking that could impact the project site. The City of Diamond Bar is in proximity to the San Andreas and Sierra Madre Fault zone. The California Building Code requires structural.design and construction methods that minimize the effects of strong seismic ground shaking. The California Building Code requirements would be applied to the proposed project as standard conditions of project approval. iii) Seismic-related ground failure, including liquefaction? X Impact Discussion: The project area is located within a portion of the City that is not subject to liquefaction. Therefore project implementation is not anticipated to result in the exposure of people or structures to potential impacts related to seismic ground failure or liquefaction: iv Landslides? X Impact Discussion: The project site is a flat pad surrounded by previously, stabilized, level terrain. j p des, therefore no impact would Project implementation would not expose people or structures to landslides, occur in this regard. b`.Result in substantial soil erosion„or the loss of topsoil?. X Project Impact Discussion: t result substantial project t oilerosion oe is a n o ad, a�nd has alrp wouldnot to sof topsoil,a hdy e ee o forbeend mpact would emolc urinaon tlhis regard. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and X potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? - Impact Discussion: The project site has not been identified as a geologic unit that is unstable, and would not become unstable as a result of project implementation: d) Be located on.expansive soil, as defined in Table 1804.2 of the California Building Code (2007), creating substantial risks to X life or property? Impact Discussion: . The project site is not located'on expansive soil and already been graded. Soils under the project site were previously mitigated to the extent necessary to grade the.site and it is assumedthat any danger posed by. expansive soils was addressed. in the initial gradirng. Therefore, potential impacts from expansive soils would be less than significant. Page 11; e) Have soils incapable of adequately supporting the use of septic tanks of alternative waste water disposal systems where sewers are not available for the disposal of waste' X water? Impact Discussion: The project site is not located on unstable soil. The project would be served by'the public sewer system, thus there is no impact on soils. inadequately capable of supporting the use of septic tanks or alternative waste water disposal systems. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated VII. GREENHOUSE GAS EMISSION. Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the X environment? Impact Discussion: At the time the originally approved two-story retail/office building was analyzed in 2005, there was no requirement under CEQA for the consideration of a project's direct or indirect greenhouse gas emission. Nevertheless, the currently proposed project would be expected to generate' less greenhouse gases than the original project by virtue of its much smaller scale since the, three-story medical office building is no longer being constructed. b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse X gases? - Impact Discussion: At the time the originally approved two-story retail/office building was analyzed in 2005, there was, no requirement under CEQA for the consideration of a project's direct or indirect greenhouse gas emission. Thus the project was not subject to any applicable plan, policy, or regulation adopted for the purpose of reducing greenhouse gas emissions. Potentially Potentially Significant Less than. No Significant Unless Significan Im act ISSUES Impact Mitigation t Impact p Incorporated VNI. HAZARDS AND HAZARDOUS MATERIALS. Would the project,- a) roject:a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous X materials? Impact Discussion: The. proposed project would not create a significant hazard to the public or the environment from. the routine transport, use, or disposal of hazardous materials. . Small' amounts of hazardous materials may be found .in solventsand chemicals used for cleaning,_building maintenance,=and landscaping. The materials would'be similar to thosefound in common household projects or pesticides. Hazardous materials used in construction and operation of;the proposed project,would be subject to City, State, and Federal regulations, reducing impactsto a less than significant level. Page 1.2 Potentially . Potentially Significant Less than No Significant Unless Significan Impact )ISSUES . Impact Mitigation t Impact Incorporated b) Create a significant hazard to the public or the environment through reasonable foreseeable upset and accident conditions X involving the release of hazardous materials into the environment? Impact Discussion: The proposed uses are not 'anticipated to result in the creation: of healthhazards following compliance with health and safety regulations. The proposed uses would not use, generate or dispose of hazardous materials in large quantities. As stated above, hazardous Materials used in construction and operation of the proposed project would be subject to City, State, and Federal regulations, reducing impacts to a less than significant level. c) Emit hazardous emissions.or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter X mile of an existin or proposed school? Impact Discussion: The proposed project would not involve the transport, use, handling, or disposal of notable'°quantities of hazardous materials, aside from normal household chemicals and landscaping applications. Therefore, the proposed project would not pose a health risk to nearby schools,-and no significant impacts to schools would result from the construction and operation of the proposed project. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code X Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Impact Discussion: The project area is currently urbanized. The existing uses do not use, handle, or store hazardous materials. Development of the proposed project would not create a significant hazard to. the public or to the environment. Therefore no impacts would occur in this regard., project p plan,use e) Fora ro ect located wren'ado ted�withi atinio miles of a public ere such a plan has not be p p X airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? - Impact Discussion: The project site is not located within an airport land use plan or within two miles of an airport. The nearest airport is Ontario International Airport, which is approximately,15 miles east of the project site. No impacts would occur in this regard. f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working X in the project area? Impact Discussion: The project Site is not located within an airport land use plan with within two miles of an airport. The nearest airport is Ontario International Airport, which is approximately 15°miles east of the project site.`No impacts would occur in this regard. Page 13 Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated g) Impair implementation of or physically interfere with an adopted emergency response pian or emergency evacuation X Ian? Impact Discussion: Emergency vehicles would continue to have access to project related and surrounding roadways upon completion of the proposed project. The proposed project would not impact access to emergency.response. In addition, the proposed project would not place temporary or permanent barriers on existing roadways or reconfigure existing roadways. Therefore, no impacts would result from the construction and operation of the proposed project. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are X intermixed with wildlands? Impact Discussion: The project site and surrounding areas are predominantly built out and no wildlands occur within or adjacent to the project site. Future development as a result of project implementation would introduce ornamental landscaping, which is not anticipated to create hazardous fire conditions. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated IX. HYDROLOGY AND WATER QUALITY. Would the project. a) Violate any water quality standards or waste discharge requirements? X Impact Discussion: The proposed project will not be allowed to violate any water quality standards or waste discharge requirements. The State Water Resource Control Board (SWRCB) has adopted a National Pollutant Discharge Elimination System (NPDES) General Permit for storm water discharges associated with construction activity. Compliance with Statewide NPDES General Permit for Strom Water Discharges associated with construction activity which would prevent storm water pollution from impacting waters of the U.S. in the vicinity of the project area, will be required. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would - be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- X existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Impact Discussion: The level of the proposed excavation will not reach the aquifer, thus the proposed project will not substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or lowering of the local groundwater table level. Page 14, Potentially Potentially Significant Less than No ISSUES Significant Unless Significan Impact Impact Mitigation t Impact Incorporated c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream X or river, in a manner which would result in substantial erosion or siltation on- or off-site? Impact Discussion: There are no streams or rivers nearby. The site presently consists of 100% impervious surfaces. The Engineering Division is requiring that, prior to,approval of a grading plan,the applicant shall prepare and submit a drainage study, including supporting hydraulic and hydrological data to the City for review and acceptance. The proposed development will not substantially alter the existing drainage pattern of the site or area in a manner which would result in substantial'erosion or siltation on-or off-site. d) Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river, or substantially;increase the rate or amount of surface X runoff in a,manner which would result in flooding.on- or off site? Impact Discussion: There are no streams or rivers,nearby. The proposed development will not substantially alter the.existing drainage pattern of the site or area.or substantially increase the rate of amount of surface runoff in a manner which would result in flooding on- or off-site. The applicant would be required to implement Best Management Practices (BMPs), Standard.Urban Storm Water Mitigation Plan (SUSMP) requirements,and meet all National Pollution Discharge Elimination System (NPDES) requirements of the California Regional Water Quality Board (RWQCB) and the City of Diamond Bar. e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems X or provide substantial additional sources.of polluted runoff? Impact Discussion: See Response a.and c above. f Otherwise substantially degrade water quality? X Impact Discussion::See Response a and d above. g). Place housing within a 100-year flood hazard area as mapped on a federal`.Flood Hazard Boundary.or Flood Insurance Rate' X Map or other flood hazard delineation map?. h) Place within b ,100-year flood hazard area structures which would impede or redirect flood flows? X i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result'.of the X failure of a levee or dam? Impact Discussion for g-i: The project site is not located, within a flood zone. Additionally; the City of Diamond Bar is not.subject to any„major flood hazards, or potential, inundation due to, nearby dam' failures. Furthermore; the_Federal Emergency Management'Agency's (FEMA) Flood Insurance. Rate' Map designated the entire City as within.a Flood Zone "X". Flood.Zone "X" is identified:as an area of 0.2; percent annual chance of flood. The proposed project would not involve the placement of structures within a 100-year flood hazard area. Potentially Potentially Significant Less than No, Significant Unless Significan impact ISSUES Impact Mitigation t Impact Incorporated Inundation by seiche, tsunami, or mudflow? X Impact Discussion: The proposed project site is approximately 40 miles inland from the Pacific Ocean and there are no large bodies of water within the vicinity of the project site that would cause inundation by seiche, tsunami, or mudflow. Therefore no impacts would result from the construction and operation of the proposed project. X. LAND USE AND PLANNING. Would the project: a Physically divide an established community? X Impact Discussion: The proposed project would not disrupt or physically divide an established community. The project site is located within an existing commercial shopping center and subject site is' surrounded by commercial and residential uses. b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project(including, but to limited to the general plan, specific plan, local coastal X _program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Impact Discussion: A Variance was approved to increase the building height from 35 feet to 40 feet in the previously approved project. The proposed project is also requesting a Variance to "increase the building height from 35 feet to 39 feet. After approval of the Variance, the.development of the proposed project will be in compliance with the City's General Plan and the Development Code. Therefore impacts to land use will be less than significant. c) Conflict with any applicable habitat conservation plan or natural X community conservation plan? Impact Discussion: The proposed project site is not included in any habitat conservation plan or natural community conservation plan. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact• Mitigation. tImpact. Incorporated XI. MINERAL RESOURCES. Would the projecf: a) Result in the loss of availability of a known mineral resource that would be of value to the-region and the residents of the X state? Page 16` Impact Discussion: The project site is currently developed and not identified as a site with known mineral resources that would be of value to the region and the residents,of the state. Therefore, the proposed project would have no'impacts to mineral resources.. b) Resulf in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, X s ecific plan or other land use plan? Impact Discussion: The proposed project will not result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan, because the site contains no known mineral resources. Potentially Potentially Significant Less than No Significant Unless . Significan impact ISSUES Impact Mitigation. t Impact Incorporated XII. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise X ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive roundborne vibration or groundborne noise levels? X c) A substantial perrrianentincrease in ambient noise levels in the vicinit above levels existing without the project? X project y . 9 p 1. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the X project? Impact Discussion for a-d: There will be a temporary;Increase in noise levels during construction of the project; but it will not be substantial and mustremain within noise limits -established by the :City. `I,n compliance with the City's noise.standards, future construction activities. shall be limited between the hours of 7:00 a.m. and 7:00 p.m. Monday through Saturdays. Construction activity is prohibited on Sundays and holidays. The issues identified in XII a-d above were studied within the scope of. the .Mitigated .:Negative Declaration prepared for the previous project and adequately addressed by the following mitigation measures, which the project will be conditioned to include: SC 3.11.1: The construction contractor shall abide by all requirements ofthe City Code related to noise, as pecified in Diamond Bar Municipal Code Chapter 8.12. MM 3.11-1; The City shall restrict demolition and construction operations to within the hours of 7:30 a.m. to 5:3.0 p..m. Monday through Friday. No construction activities shall take place outside of these hours or . on the weekends or holidays, unless emergency measures are required: i . _Pag e17 Potentially Potentially Significant Less than No Significant Unless, Significan. Impact ISSUES Impact Mitigation t Impact Incorporated e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people X residing or working in the project area to excessive noise levels? Impact Discussion: Construction of the proposed project would have no impact with regards to airports. The project area is not located within 15 miles of any public airport or within an airport land use plan. Therefore, no impacts would occur. f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area X to excessive noise levels? Impact Discussion: The construction of the proposed project would have no impact with regards to private airstrips. The project area is not located within the vicinity of a private airstrip: Therefore, no impacts would occur. Page 18' Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated XII. POPULATION AND HOUSING. Would theproject: a). Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses)or indirectly(for example, through extension of roads or other X infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing X elsewhere? c) Displace substantial numbers of people, necessitating the X construction of replacement housingelsewhere? Impact Discussion for a-c: The increase in businesses is not significant in the context of the City as a whole or substantial for the area. The project site is an existing vacant pad. There is no housing and therefore will not displace housing or people as a result of this project. XIX. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically, altered governmental facilities, the.construction of which could. cause significant environmental impacts, in order to maintain acceptable service ratios, response times or,other performance objectives for any of the public services: i) Fire protection? ii) 'Police protection? X iii) Schools?, X X iv) Parks? ,: X V) Other public facilities? X Impact Discussion: The marginal increase in commercial space from the proposed project are well within those anticipated in the City's General. Plan, and would not require the provision of new or altered governmental facilities for fire protection, police protection, or other public services. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated XV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or X be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might X have an adverse physical effect on the environment? Impact Discussion for a-b: The proposed project would not trigger the new construction or expansion of recreational facilities. Due to the modest size of the proposed office building, there may be some increased use of existing neighborhood recreational facilities by employees of the businesses on site, but it would not be expected to be significant or to significantly increase the physical deterioration of the facilities. Therefore no impacts would occur. XVI. TRANSPORTATION /TRAFFIC. Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized X travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? Impact Discussion: A supplemental focused traffic analysis was prepared for this project. The previous study prepared on July 2005 evaluated the impacts associated with the construction of a 49,100 square- foot medical office building on the southern portion of the site; 9,101 square-foot retail building, - renovation of the 23,428 square-foot theatre; and construction of a two-story, 12,408 square-foot restaurant/commercial building. Implementation of the approved project would have resulted in a total floor area of 221,083 square feet. The proposed project, as well as recently approved modifications to the shopping center would result in an overall floor area of 203,056.square-feet, including the 20,000 square-foot AAA office building. This is 18,027 square feet less than the floor area approved by the City in October 2005, and therefore there is less than significant impact to the future traffic conditions within the project vicinity beyond those levels identified in the traffic analysis prepared for the previous.. expansion project. The study found that the proposed project would not result in significant impacts to the Diamond Bar Boulevard/Fountain Springs .Road intersection. The AM peak hour and PM peak hour LOS of the Diamond Bar Boulevard/Fountain Springs Road intersection was forecast to operate at'LOS C and LOS D, respectively with the addition of traffic generated at the full development including the three story medical office building. LOS D is the minimum level generally considered to be acceptable for urban intersections. The. City of.Diamond Bar's General Plan calls for LOS D as the minimum acceptable service level at an intersection, while LOS C is the minimum for roadway segments. According to CMP Guidelines, the minimum acceptable service level at CMP intersections is LOS E. A project impact would be considered significant if the LOS changed from D or better to an E or F. Demand for parking created by the proposed project will be provided on-site as.well as share the existing parking with the existing shopping center. A reciprocal access and parking agreement with the shopping center is a condition of project approval. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact' P Incorporated b) Conflict with an applicable congestion management program,.. including, but not limited to level of service standards and travel demand measures, or other standards established by X the county congestion management agency for designated roads or highways? Impact Discussion: A supplemental focused traffic analysis was prepared for the project. The study found that the project would not exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways. The proposed project will not adversely impact the LOS of the Diamond Bar Boulevard/Fountain Springs Road intersection. Similar to the findings of the July 2005 traffic study,this key intersection is forecast to operate at LOS C and LOS D during the AM peak hour and PM peak hours, respectively. As there is not a significant project impact at Diamond Bar Boulevard/Fountain Springs Road intersection, no'traffic mitigation measure/improvement is required or recommended, other.than those mitigations previously identified in the July 2005 traffic study. c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in X substantial safety risks? Impact Discussion: The proposed project will not result in a change in air traffic patterns, 'including either g an increase In traffic levels or a change in location that results in substantial safety risks because there is no a.lrport nearby. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible X uses (e.g., farm equipment)? Impact Discussion: The proposed project would not create any hazards due to 'design features or incompatible uses. Access to the project site would be required to comply with all.City design standards, which would reduce.potential impacts to a less than significant level. e) Result in inadequate emergency access? X Impact Discussion: .`The proposed project would not significantly impact the. adequacy of existing and -future emergency services. The roadways and driveways are existing and will not be',relocated. The proposed project would be constructed according to City of Diamond Bar and County of Los Angeles requirements for emergency access. Therefore significant impacts would not result from the construction and operation of the proposed project.'. Page 21 f) Result in inadequate parking supply? X Impact Discussion: The proposed project will provide adequate parking with on-site parking spaces and share the existing parking supply with the shopping center. A reciprocal parking agreement with the shopping center is a condition of project approval. The different uses result in a range of peak business hours and parking; demands. The focused traffic and parking analysis states that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. There is a parking surplus of 190 spaces. g) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise X decrease the performance or safety of such facilities? Impact Discussion: The roadways and driveways are existing and will not be relocated. The proposed project would be constructed according to City of Diamond Bar and County of Los Angeles requirements. Therefore significant impacts would not result from the construction. and operation of the proposed project. Potentially Potentially Significant Less than No Significant Unless Significan Impact ISSUES Impact Mitigation t Impact Incorporated XVII. UTILITIES AND SERVICE SYSTEMS. Would the project: a) Exceed wastewater treatment requirements of the applicable X Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing X facilities, the construction of which could cause significant environmental effects? Impact Discussion for a-b: The proposed project would not result in significant impacts and would not exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board, and would have a less than significant impact on the need to construct new water or wastewater treatment facilities or expansion of existing facilities. c) Require or result in the construction of new,storm water drainage facilities or expansion of existing facilities,the X construction of which could cause significant environmental effects? storm water drainage facilities proposed on of existing facilities.o significant impact on the-need to construct Impact d) Have sufficient water supplies available to serve the project from existing entitlements and resources,or are new or X expanded entitlements needed? Impact Discussion: The proposed roposed p roject would develop 36,142 square feet;of commercial uses and would create an incremental increase. in demands for existing and future water supplies. However, neither a Water Supply Assessment nor Water Supply Verification, as required by Senate Bill 610(Costa), " and 221 (Keuhl), are required for,the proposed project since the proposed commercial space is well below:the 500,000 square feet for commercial. Page 22 e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity,to serve the project's projected demand in addition to X the provider's existing commitments? Impact Discussion: The project would not trigger the need for new construction or expansion of existing facilities. Potentially Potentially Significant Less than No ISSUES i9mpact t Significant Unless S Impact Impact Mitigation t Incorporated f) Be served by a landfill with sufficient permitted capacity,to X, accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations X related to solid waste? Impact Discussion for f g. " The City of Diamond Bar is served by Valley Vista. The company hauls nonrecyclable solid waste to the Puente Hills Landfill. This facility has enough capacity to accept solid 'waste until the'year 2020; according to the disposal company.,All solid waste materials generated at the project site "would be disposed of in.accordance with applicable state, federal, and local statutes and regulations. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE.— a) Does the 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 a plant or animal community;"reduce the number or.restrict the range of X a rare or endangered plant or animal or eliminate important" examples of the major periods of California history or. prehistory.? Impact-Discussion: : .The project site. does not. contain. the habitat of; a fish or:wildlife. species and therefore construction of the proposed project would not cause a fish or wildlife population to 'drop below self-sustaining levels,.threaten to eliminate a plant or animal"community; or reduce or restrict the range of a rare or endangered plant.`or'animal. Likewise;.approval of the proposed project is not anticipated to, eliminate examples of'mayor periods of;California history or"prehistory. b) Does the project have impacts that are,individuallylimited, but cumulatively considerable? ( Cumulatively considerable'- means that the incremental effects of a project are, X considerable when viewed in`connection with the,effects of past projects, the effects."of•other,current projects;and.the effects of: robabie future ro ects Impact Discussion The cumulatively considerable impacts of the individually invited:project are not.. expected.to be significanf and are in keeping with the long-range considerations of the'City's General Plan. As- condition with the proposed:project; the cumulative impact of the: individually limited project`., impacts will not.'be considerable.. ' Page 23. c) Does the project have environmental effects which will cause substantial adverse effects on human,beings, either directly or X indirectly? Impact Discussion: No substantial direct or indirect adverse environmental effects on human beings can be expected from this project due to conditions of project approval and proposed mitigationmeasures'. Grace S. Lee 12/22/2010 Name Date Senior Planner Sign ture - Title SOURCES CITED IN THE EVALUATION OF.ENVIRONMENTAL IMPACTS Planning Case PL.2010-163 1. General Plan of the City of Diamond Bar adopted July 25, 1995 2.. ' General Plan of the City of Diamond Bar, Environmental Impact Report and Addendum dated July 25, 1995 3. Country Hills Towne Center Mitigated. Negative Declaration, prepared by BonTerra Consulting, dated September 23, 2005 4. Development Code/Ordinance, City of Diamond Bar 5: Tentative Tract Map No. 71396 6. Architectural Site Plan for 2705 S. Diamond Bar Blvd. dated November 24, 2010 7. Revised Traffic and Parking Assessment, prepared by Linscott, Law and Greenspan dated November 3, 2010 8. All documents cited above are available for review at the City of.Diamond Bar, Community Development Department, 21825 Copley Drive, Diamond Bar, CA 91765. The office hours are Monday;through;Thursday between 7`.30 a.m. and 5:30 p.m:, and Friday between 7:30 a.m. and 4:30 p.m. Page 24 I Agenda #71, Meeting Date: February 15, 2011 carr CITY COUNCIL <<<r� AGENDA REPORT RPOR TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Ma TITLE: Time Extension for Conditional se Permit No. 2007-10 and Development Review No. 2006-11 PROPERTY OWNER: GSDB Investment Group, LLC, 625 Fair Oaks Avenue #115, South Pasadena, CA 91030 APPLICANT: Joseph Kwok, 625 Fair Oaks Avenue, #115, South Pasadena, CA 91030 PROJECT LOCATION: 23671 Golden Springs Drive (Los Angeles County Assessor's Parcel Number 8281-028-030). SUMMARY: The applicant requests approval of a one-year time extension to obtain permits and begin construction of a nine-unit residential condominium development on the site presently occupied by Diamond Jim's Dairy, located at 23671 Golden Springs Drive. The City Council initially approved the project on November 20, 2007, with a three (3) year time frame to obtain building permits and begin construction. The applicant has been working with the adjacent homeowners association to resolve drainage issues that have delayed the project. However, after numerous unsuccessful attempts, the applicant submitted another method of site drainage to the Public Works/Engineering Department, and received initial approval. The applicant is finalizing the grading plan and anticipates obtaining final approval of the grading plan by the end of March. Because the applicant has been actively working with the Public Works/Engineering Department to finalize the grading plan, staff supports the applicant's request for a one year extension of time to begin construction. The extension of time does not change the approved project in any way. The conditions of approval set forth in the City Council Resolution No. 2007-62 and 2007-63 will not change with the approval of an extension of time. i . RECOMMENDATION: If the City Council concurs with the recommendation of the Planning Commission, then approve the project, subject to conditions. BACKGROUND: On November 20, 2007, the City Council approved Tentative Tract Map No. 64881, Negative Declaration No. 2007-03, Zone Change No. 2006-01, Conditional Use Permit No. 2007-10, and Development Review No. 2006-11, to construct a nine-unit, detached residential condominium subdivision at 23671 Golden Springs Drive. The property is located in the High Density Residential-Planned Development Overlay (RH-PD) zone with an underlying General Plan designation of High Density Residential. The approval for the entitlements included a three (3) year time frame to obtain building permits and begin construction. The City Council staff report and resolution approving the project is included in Attachment 3. On January 11, 2011, the Planning Commission recommended approval to the City Council for the one year time extension of the Conditional Use Permit No. 2007-10 and Development Review No. 2006-11. The Planning Commission staff report and resolution approving the time extension is included in Attachment 2. X: ® ICA", AN \61V 12 111ne detached sin. Goj'9 eV7 SPR/NGS" DR/VE so address:H--"p Site Plan GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687, EIR No. 2007-02 Page 2 i a+• -- rr HOME 9 HOME 8 HOME 7 HOME 6 . .rte SOUTH ELEVATION OF 5 thru 9 (at motorcourt) HOME 5� 5ECR01V C - C— HOME 1 and 2 HOME 3 and 4 DE SPRINGS ELEVAATION Elevations ANALYSIS: Review Authority (Diamond Bar Municipal Code Section 22.66.050) An extension of time may be granted up to a maximum of one year when a request for an extension of time, with good cause, is submitted to the Community Development Department. As explained below (see Project Status), the applicant has not yet obtained a grading permit, which is required prior to building permit issuance. Therefore, the applicant has been unable to start construction prior to the expiration date of the City Council approval, and as a result submitted a request for an extension of time to the City on October 18, 2010. A time extension is not required for the Tentative Tract Map pursuant to Assembly Bill (AB) 333, Subdivision Map Act Extension. AB 333 automatically extends subdivision maps that do not expire prior to January 1, 2011, for an additional two years. This extension is additional to the automatic one year time extension granted by Senate Bill 1185. The automatic time extensions do not include time extensions for entitlements associated with tentative maps that have been automatically extended. GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687, EIR No. 20.07-02 Page 3 The extension of time request does not change the approved project in any way. The conditions of approval set forth in the City Council Resolution No. 2007-62 and 2007-63 will not change with the approval of an extension of time. Proiect Status The applicant is currently working on the final design of the grading plan and anticipates obtaining final approval of the plan by the end of March from the Public Works/Engineering Department. Because the applicant has been actively working with the Public Works/Engineering Department to finalize the grading plan, staff supports the applicant's request for a one year extension of time. NOTICE OF PUBLIC HEARING: On February 4, 2011, public hearing notices were mailed to property owners within a 500-foot radius of the project site, and on February 4, 2011, the notice was published in the Inland Vallev Daily Tribune and San Gabriel Valley Tribune newspapers. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City Council adopted Negative Declaration No. 2007-03 on November 20, 2007. No further environmental review is required to extend the time limit for the approved project. RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution (Attachment 1) to approve a one year time extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the findings of Diamond Bar Municipal Code Section 22.66.050, subject to conditions of approval as listed within the draft resolution. Prepared by: Reviewed by: -6�e S. Lee e Greg Gubman, AICP Senior Planner Community Development Director GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 7.0687, EIR No. 2007-02 Page 4 Reviewed by: David Doyle Assistant City Manager Attachments: 1. Draft City Council Resolution No. 2011-XX 2. Planning Commission Minutes dated January 11, 2011 3. Planning Commission Resolution No. 2011-02 dated January 11, 2011 4. City Council Staff Report, Resolution No. 2007-62 and 2007-63 dated November 20, 2007 i i i GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, i TTM No. 70687, EIR No. 2007-02 Page 5 i Attachment 1 CITY COUNCIL RESOLUTION NO. 2011-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2007-10 AND DEVELOPMENT REVIEW NO. 2006-11 TO CONSTRUCT A NINE-UNIT RESIDENTIAL CONDOMINIUM LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA 91765 (ASSESSOR'S PARCEL NUMBER 8281-028-030). A. RECITALS 1. Property Owner and Applicant, Joe Kwok, on behalf of GSDB Investment Group, LLC, has filed an application request for a one-year extension of time for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to construct a new nine-unit residential condominium located at 23671 Golden Springs Drive, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Conditional Use Permit and i Development Review shall be referred to as the "Proposed Project." 2. On November 20, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Proposed Project. At that time, the City Council adopted Resolution No. 2007-62 and 2007-63 approving the project. This approval included an initial three-year expiration date for the applicant to commence construction. 3. The subject property is made up of one parcel totaling 0.62 acres. It is located in the High Density Residential-Planned Development Overlay (RH-PD) zone with an underlying General Plan designation of High Density Residential. 4. The legal description of the subject property is Tract 24725 Lot 20. The Assessor's Parcel Number is 8281-028-030. 5. Diamond Bar Municipal Code Section (DBMC) 22.66.050 authorizes the Planning Commission to recommend approval to the City Council for a time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions. 6. On December 31, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500-foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 7. On January 11, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. At that time, the Planning Commission recommended that the City Council approve the time extension, subject to conditions. 8. On February 4, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500-foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 9. On February 15, 2011, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION, NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The,City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. On November 20, 2007, the City Council determined the Project required a Negative Declaration (ND) and approved the ND and related documents in reference to the Project. ND No. 2007-03 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20-day public review period for the ND began August 16, 2007, and ended September 4, 2007. Furthermore, the no further environmental review is required to extend the time limit for the approved project. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code Section 22.66.050, this City Council hereby finds as follows: Extension of Time Findings 1. There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code applicable to the project since the approval of the Development Review; There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code. The construction of a nine-unit residential condominium is consistent with the zoning designation and will not be altered in any way by approving the requested extension of time and all conditions of approval adopted by City Council Resolution No. 2007-62 and 2007-63 will remain in full force and effect. 2. There have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project; and 2 City Council Resolution No.2011-XX Since the time that the City Council approved the project, there have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project. 3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Since the time that the City Council approved the project, there have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools, so that there is no longer sufficient remaining capacity to serve the project. Based on the findings and conclusions set forth herein and as prescribed under DBMC Section 22.66.050, the City Council hereby finds and approves the time extension of Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, subject to the following conditions: 1. The project shall substantially conform to the approved plans as submitted and approved by the City Council and on file with the Community Development Department. 2. All conditions of approval for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 approved by City Council Resolution No. 2007-62 and 2007-63 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to November 20, 2011. The City Council shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to Mr. Joe Kwok, GSDB Investment Group, LLC, 625 Fair Oaks Avenue, #115, South Pasadena, CA 91030. APPROVED AND ADOPTED THIS 15th DAY OF FEBRUAY 2011, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. By: Steve Tye, Mayor 1, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the City Council held on the 15th day of February, 2011, by the following vote: 3 City Council Resolution No.2011-XX AYES: Council Member: NOES: Council Member: ABSENT: Council Member: ABSTAIN: Council Member: ATTEST: Tornmye Cribbins, City Clerk City of Diamond Bar i i i 4 City Council Resolution No.2011-XX Attachment 2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 11, 2010 CALL TO ORDER: Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Nolan led the Pledge of Allegiance. 1 ROLL CALL: Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack Shah, Vice Chairman Kathy Nolan, and Chairman Tony Torng. Also present: Greg Gubman, Community Development Director; Brad Wohlenberg, Assistant City Attorney; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of December 14, 2010. C/Lee moved, C/Shah seconded, to approve the December 14, 2010, minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review No. PL 2010-296— Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant requested approval for an addition of 1,566 square feet to an existing 1,507 square foot single-family residence. The subject property is zoned Low Density Residential (RL)with JANUARY 11, 2011 PAGE 2 PLANNING COMMISSION a consistent underlying General Plan Land Use designation of Low Density Residential. PROJECT ADDRESS: 24201 High Knob Road Diamond Bar, CA 91765 PROPERTY OWNER: Kalathur and Anuradha Pattabiraman 24201 High Knob Road Diamond Bar, CA 91765 PT/Tobin presented staff's report and recommended Planning Commission approval of Development Review No. PL 2010-296, based on the findings of fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Kalathur Pattabiraman said he and his family have lived in Diamond Bar for 20 years and wish to make their current home their final home by improving the property and asked for Commission approval. Mr. Pattabiraman responded to Chair/Torng that he read staff's report and concurred with the conditions of approval. Chair/Torng closed the public hearing. VC/Nolan thanked the applicant for choosing to remain in Diamond Bar and said she was pleased to see this type of request before the Commission for consideration. VC/Nolan moved, C/Shah seconded, to approve Development Review No. PL 2010-296, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None JANUARY 11, 2011 PAGE 3 PLANNING COMMISSION 7.2 Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 — To recommend approval to the City Council for a one-yeartime extension fora nine-unit residential condominium project on a 0.62 acre lot. Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant submitted a request for a one-year extension of time to begin construction. The project site is zoned High Density Residential-Planned Development Overlay(RH-PD)with a consistent underlying General Plan land use designation. The project was approved on November 20, 2007, with a three (3) year timeframe to obtain building permits and begin construction. PROJECT ADDRESS: 23671 Golden Springs Drive Diamond Bar, CA 91765 PROPERTY OWNER: GSDB Investment Group LLC 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 APPLICANT: Joseph Kwok 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 PT/Tobin presented staff's report and recommended the Planning Commission recommend approval to the City Council of the time extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Joseph Kwok, applicant, said that as a result of drainage requirements imposed by the City's Public Works Department, the property owner is working with the contiguous homeowners association to resolve those issues and need the time extended to resolve those issues. C/Shah asked what kind of drainage issues the applicant was dealing with and what kind of time was needed to resolve those issues. Mr. Kwok responded that originally the Public Works Department hoped that the applicant could drain the surface water naturally through the condominium complex next door to their project but the applicant has not been able to get the board to agree to meet with them to discuss the possibility with their JANUARY 11, 2011 PAGE 4 PLANNING COMMISSION homeowners. There is an alternative proposal to get the surface water drained from the site via a sump pump so that if the contiguous association board does not agree to the first option, the applicant will move forward with the alternative plan. Since the applicant has pursued the association's board for the past two years his firm has decided to move forward to get an agreement from the Public Works Department to cease further attempts to get the board's approval and move to the alternate proposal by the end of January 2011. Chair/Torng closed the public hearing. VC/Nolan moved, C/Nelson seconded,to recommend City Council approval of a one-year time extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163 — The applicant requested to construct a 36,142 square foot new three-story professional office building on a 41,110 square foot(0.94 acre), Community Commercial (C-2)zoned parcel with an underlying General Plan Land Use designation of General Commercial (GC). A Tentative Tract Map is requested to subdivide air space for a 30-unit office condominium; a Variance is requested to increase the building height from 35 feet to 39 feet; a Parking Permit is requested to share access and parking between the proposed development and Diamond Hills Plaza, the existing shopping center, and a Comprehensive Sign Program is requested for the signage on the building. PROPERTY ADDRESS: 2705 Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNER: Country Hills Holdings, LLC 8115 Preston Road #400 Dallas, TX 75225 JANUARY 11, 2011 PAGE 5 PLANNING COMMISSION APPLICANT: THL Investments, LLC 17528 Rowland City of Industry, CA 91748 SP/Lee presented staff's report and recommended the Planning Commission adopt the resolution recommending City Council approval of Development Review,Tentative Tract Map,Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163, based on the findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah asked if trees would be added on the street side of the building and SP/Lee said there were no trees proposed within the 10 foot setback. There is limited space providing room for a walkway and shrubs and vines in the area. There are no existing trees in the setback area, only existing trees along Fountain Springs Road (six trees) which will be retained prior to and after construction. i C/Lee asked why the setback is being reduced from the usual 15 feet to 10 feet and SP/Lee said that applicant was proposing a larger building and in order to fit in the number of required parking spaces and maximize the parking spaces within the property the minimum requirement was 10 feet. C/Nelson asked if the six trees on Fountain Springs Road were on City property and SP/Lee responded no, that they were on the applicant's property. C/Nelson asked what the City's remedy would be if the trees had to be removed to accommodate the property. SP/Lee referred C/Nelson to Condition 3, Page 11. There is no specific condition that specifically prohibits removal. If the applicant wished to remove any or all of the trees they would have to review the condition with staff to determine whether removal was allowed. C/Nelson said he was concerned that the trees should remain in place and be certain that the neighbors were informed if for some unforeseen reason, they would have to be removed because it would significantly increase the massing and reduce the screening from the back yards across Fountain Springs Road. CD/Gubman proposed including a condition to read that should the applicant need or request removal of the trees that it would require that they obtain a permit from the City for removal and with that permit,the City would require a certain ratio of replacements to help ameliorate the visual impacts the current stand of trees would provide. C/Nelson felt that contrary to staff's statement that the line of site from the third story of the proposed building would be less intrusive than it would be from the second story because in his opinion, it was a little bit more intrusive but not significantly intrusive. JANUARY 11, 2011 PAGE 6 PLANNING COMMISSION C/Nelson said he appreciated that the applicant provided the cross-sections because the applicant has, as indicated during the workshop, demonstrated that the proposed improvement will not be significantly more intrusive than the existing improvement. He asked if there was a balcony on the third floor or if it had been eliminated and SP/Lee responded that the third floor balcony had been eliminated. However, there are access ways for maintenance purposes only with no public access. VC/Nolan asked if there was a point at which the parking would be so large that it would be subdivided to accommodate certain other businesses in the center. SP/Lee said there was no particular formula for areas within the shopping center. It is based on an aggregate of shared parking. VC/Nolan asked if the proposed parking for this building would offer a reasonable walking distance to other businesses within the shopping center. SP/Lee explained that there is currently less activity on the north side of the shopping center and there are not many parking space utilized in that area so staff would not anticipate a problem with the new three-story building. CDD/Gubman said that C/Nelson's observation regarding line of site was a good observation. The vantage point starts at a higher elevation at the tree than it did for the two story building because the downward site line is at a steeper angle for the three story building than it is for the two-story building. What the applicant is attempting to show is that the third floor parapet which would have been the railing for the balcony effectively cuts off the view angle when one is looking down. With respect to parking,where the formertheater was located, the new multi-space building includes a large parking area that is essentially vacant and unused. Staff hopes the new development produces a little parking congestion to help the other retail buildings and businesses, and staff is very comfortable there will be no adverse parking issues due to the current inventory of underutilized parking. C/Shah said his opinion was that people in the building would be able to look into the back yards of the homes across Fountain Springs Road. There were no ex parte disclosures. Chair/Torng opened the public hearing. Peichin Lee, project developer and Diamond Bar resident said she was present to answer any questions the Commission might have and thanked them for giving her the opportunity to move forward with the proposed project. She responded to Chair/Torng that she reviewed staff's report and JANUARY 11, 2011 PAGE 7 PLANNING COMMISSION concurs with staff's recommendations including the most recent condition discussed this evening involving possible tree mitigation. Christopher Chung, 21470 Cold Spring Lane, felt the proposed use was compatible with the shopping center and would be a great addition and provide synergy to the northern end of the center. He is amazed that the City is able to attract a qualified developer who is able to get the financing to produce this type of development during these difficult economic times. He believes the project has been thoroughly vetted and supports the project. Chair/Torng closed the public hearing. C/Lee said he was in support of the project and stressed that the condition regarding the trees should be maintained to minimize the impacts to the street and to the residence on the opposite side of Fountain Springs Road. C/Shah moved, C/Lee seconded,to adopt the resolution recommending City Council approval of Development Review, Tentative Tract Map, Variance, Parking Permit, and Comprehensive Sign Program No. PL 2010-163, based on the findings of Fact, and subject to the conditions of approval as listed within the resolution, with the addition of the condition regarding tree mitigation as recommended by staff. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/IN FORMATIONAL ITEMS: C/Nelson said that in all of his years serving on and dealing with Planning Commissions he did not believe he had ever experienced a Planning Commission that worked together as well as this Planning Commission. Congratulations to all of his colleagues and to staff and Happy New Year to all. C/Shah said he concurred with C/Nelson and thanked staff for their expertise. He wished everyone a prosperous New Year. VC/Nolan announced that she would be resigning from the Planning Commission. She and her husband Dan have sold their Diamond Bar home and are moving away from the City. This is a bittersweet change for them and since their children have moved on it is time for them to do so as well. She thanked staff for their exhaustive JANUARY 11, 2011 PAGE 8 PLANNING COMMISSION help to the Commission and thanked her colleagues and M/Tye for their support and said it had been a pleasure to serve the City. C/Lee wished everyone a Happy New Year. He wished VC/Nolan well in her future ventures. C/Nelson said he and his colleagues would miss VC/Nolan. Her perspective on this Commission has been greatly appreciated and he thanked her for her contributions. C/Shah said he would miss VC/Nolan, a great friend and colleague. Chair/Torng said it was an honor to work with everyone and said he would miss VC/Nolan. The Planning Commission is a great group and it is wonderful to have staff's support. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDID/Gubman said staff learned of VC/Nolan's resignation earlier today and are sorry to have her leave. He thanked C/Nelson for his comments. CIDD/Gubman has been in this line of work for 21 years and this Commission is the most enjoyable group to work with in his years of service to four different cities. It is his privilege to serve as the Commission's staff and it means a lot to him to hear such kind words. CDID/Gubman stated that the January 25 Planning Commission meeting would be canceled due to lack of agenda items and other staff business including conducting the City's biennial homeless count to get a sense of the homeless population and where to allocate the homeless services. When the homeless count was taken in 2009 it was scheduled for a Thursday evening from 8:00 p.m. until midnight and no homeless persons were found in the City. With the current economic climate, it will be interesting to find out what changes in the upcoming homeless count. CDID/Gubman announced that the Winter Snowfest would be held on Saturday, January 15 and if Commissioners are attending they are asked to come to the stage area at 11:00 a.m. for the welcome speech. Planners Institute is scheduled for March 9-11, 2011. Commissioners who wish to attend are asked to advise staff by February 1. CDID/Gubman asked Commissioners who no longer needed the three-story office building plans to please return them to staff to recycle and use for the upcoming Council hearings in an effort to reduce reproduction costs. JANUARY 11, 2011 PAGE 9 PLANNING COMMISSION CDD/Gubman stated that with respect to the new City Hall location, the conceptual design phase is complete and staff is moving into the construction documents phase. The process is moving forward as planned and staff intends to move the operation to the new location by the end of 2011. Further, it is likely that most of the Planning Commission meetings will be held in the new building except when there are large projects and larger audience participation is anticipated. He wished everyone a Happy New Year. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 8:03 p.m. to February 8, 2011 The foregoing minutes are hereby approved this 8th day of February, 2011. Attest: Respectfully S itted, Greg Gubman Community Development Director Torng, Chairl-n'- i i I i Attachment 3 PLANNING COMMISSION RESOLUTION NO. 2011-02 A RESOLUTION OF THE PLANNING .COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2007-10 AND DEVELOPMENT REVIEW NO. 2006-11 TO CONSTRUCT A NINE-UNIT RESIDENTIAL CONDIMUNIUM LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA 91765 (APN 8281-028-030). A. RECITALS 1. On September 11, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to construct a new nine-unit residential condominium located at 23671 Golden Springs Drive, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall.,be referred to as the "Proposed Project." At that time, the Planning Commission adopted, Resolution No. 2007-63 recommending City Council approval of the application. 2. On November 20, 2007, the .City Council of the City of Diamond. Bar conducted and concluded a duly,noticed public hearing on the Proposed Project. This approval included an initial three-year expiration date for the applicant to commence construction. 3. The subject property is made up of one parcel totaling .62 acres. It is located in the High Density Residential-Planned Development Overlay (RH-PD) zone with an underlying General Plan designation of High Density Residential. 4. The legal description of the subject property is Tract 24725 Lot 20. The Assessor's Parcel Number is 8281-028-030. 5 Diamond Bar Municipal Code Section (DBMC) 22.66.050 authorizes the Planning Commission to recommend approval to the City Council for a time extension for approved projects, provided that certain findings can be made to establish goon cause for such time extensions. 6. Applicant, Joe Kwok, on behalf of GSD13 Investment Group, LLC, has filed a request for a one-year extension of time for the Project. 7: On December 31, 2010, notification of the public hearing for this project was published in San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to. property owners within a 500-foot radius'of the Project site and public notices ,were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 8. On January 11, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. Since the time the Planning Commission recommended the approval of the project to the City Council, there have been no changes to the capacities of community resources, including but not limited. to water supply, sewage treatment or disposal facilities, roads or schools, so that there is no longer sufficient remaining capacity to serve the project. Based on the findings and conclusions set forth above and as prescribed under DBMC Section 22.66.050, this Planning Commission hereby recommends to City Council the approval of the Application subject to the following conditions: 1. The project shall substantially conform to the approved plans as submitted and approved by the City Council and on file with the Community Development Department. 2. All conditions of approval for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 approved by City Council Resolution No. 2007-63 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to November 20, 2011. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to Mr. Joe Kwok, GSDB Investment Group, LLC, 625 Fair Oaks Avenue, #115, South Pasadena, CA 91030 APPROVED AND ADOPTED THIS 11" DAY OF JANUARY 2011, BY. THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: T orng, ChairMan, -'� 1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced; passed, and adopted, at aregular meeting of the Planning Commission held on the 11th day of January, 2011, by the following vote: AYES: Commissioners: Lee, Nelson, Shah,- VC/Nolan, Chair/Torng NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ! ATTEST: iGreg Gubm an, Secretary 3 i. Extension for Conditional Use Permit No.2007-10 Attachment 4 Agenda # 7 . 2 Meeting Date: November 20, 2007 r' IT -rc-rn-rr CITY COUNCILAGENDA REPORT � rr nRP()R�t� TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: NEGATIVE DECLARATION NO. 2007-03; ZONE CHANGE NO. 2006-01 AND PLANNED DEVELOPMENT OVERLAY DISTRICT, TENTATIVE TRACT MAP NO. 64881, CONDITIONAL USE PERMIT NO. 2006-10, AND DEVELOPMENT REVIEW NO. 2006-11— A NINE UNIT RESIDENTIAL CONDOMINIUM PROJECT AT 23671 GOLDEN SPRINGS DRIVE. RECOMMENDATION: Upon conclusion of the public hearing adopt the following: • Ordinance No. (2007) approving first reading of Zone Change No. 2006-01 and Planned Overlay District; • Resolution No. 2007- approving Tentative Tract Map No. 64881 and adopting Negative Declaration No. 2007-03; and • Resolution No. 2007- , approving Conditional Use Permit No. 2007-10 and Development Review No. 2006-11. BACKGROUND: On September 11, 2007, the Planning Commission concluded a noticed public hearing on Tentative Tract Map No. 64881, the project Negative Declaration and all requested entitlements and recommended approval of the project to the City Council. Approval of this project will allow the property owners Joe Kwok and GSDB Investment Group, LLC to subdivide 0.62 acres into a nine unit, detached, residential condominium complex. The project site is located at 23671 Golden Springs Drive and is currently developed with a mini-mart drive-thru known as Diamond Jim's Dairy. ANALYSIS: On September 11, 2007, the Planning Commission conducted a noticed public hearing for the proposed project. One person spoke and three letters from residents were submitted to the Planning Commission. The residents expressed opposition to the proposed project because of concerns I 1 i 6 related to losing a landmark and the convenience of the dairy, and because of concerns that the proposed project will generate additional traffic. The Planning Commission had concerns related to adequate guest parking, common open space and traffic. The Commission's concerns were addressed as follows: 1. Guest Parking. The Development Code does not address guest parking for detached condominium units. However, each unit provides a two-car garage as required for a single- family residence. Furthermore, one guest parking space is provided for each unit. Staff finds that the parking provided is adequate for the project and Commission concurred with staff. 2. Common Open Space. The Development Code does not have a minimum requirement for common open space and recreation areas for condominium or apartment projects. It does have a minimum landscape requirement of 15 percent of the project site. The project exceeds this minimum requirement and 24 percent of the project area will be landscaped. Additionally, each condominium unit has a private patio area. Since the proposed project complies with the Code's landscape requirement, the Commission was satisfied that the proposed project meets the landscaping and general requirement for open space. 3. Traffic. The traffic study prepared by Lin consulting, Inc. for this project indicates that the mini-mart generates 36 trip ends in the AM peak hours 69 trip ends in the PM peak hours. The proposed project will generate 7 trip ends in the AM peak hours and 8 trip ends in the PM peak hours. Since the proposed project will generate fewer trips than the mini-mart, the study concludes traffic improvement measures are not required. According to the City's traffic impact analysis guidelines, the proposed project is not large enough in size and does not generate enough daily trip ends to warrant traffic improvement measures. As a result, the Commission agreed that traffic improvement measures are not required for this project. The Commission concluded that the proposed project meets the City's Code requirements and design standards and felt that this property is a good location for much needed housing in Southern California. Therefore, the Planning Commission unanimously recommended approval of the project to the City Council. The attached Planning Commission staff report represents all the technical information related to the project along with a Negative Declaration that addresses environmental impacts. The review period for the Negative Declaration began August 16, 2007 and ended September 4, 2007. During the review period, the City did not receive any comments from the agencies notified. The City Council may approve the proposed project as recommended by the Planning Commission. The Council may add or modify conditions of approval set forth in the resolutions. If the Council concurs with the Planning Commission recommendation, then adoption of the resolution and ordinance should be in the following sequence: 1. Adopt City Council Resolution No. 2007-XX approving Tentative Tract Map No. 64881 and adopting Negative Declaration No. 2007-03; 2 2. Approve the first reading of Zone Change Ordinance No. XX (2007); and 3. Adopt City Council Resolution No. 2007-XX approving Conditional Use Permit No. 2007-10 and Development Review No. 2006-11. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and San Gabriel Valley Tribune on November 8, 2007. On November 2, 2007, public hearing notices were mailed to approximately 210 property owners within a 500—foot radius of the project site and posted in three public places. Additional, the public notice was place on a display board at the project site on November 5, 2007. PREPARED BY: nn J. un , ssociate Planner REVIE ED B ancy Fo CP David Doyle, Communi Develo ent Director Assistant City Manager Attachment: 1. City Council Zone Change Ordinance No. XX (2007); 2. City Council Resolution No. 2007-XX adopting Negative Declaration No. 2007-03 and approving Tentative Tract Map No. 64881; 3. City Council Resolution No. 2007-XX, approving Conditional Use Permit No. 2007-10 and Development Review No. 2006-11; 4. Planning Commission Minutes dated September 11, 2007; 5. Planning Commission Staff Report for September 11, 2007 meeting; 6. Planning Commission Resolution Nos. 2007-44, 2007-45 and 2007-46; 7. Exhibit "A" dated September 11, 2007 — Tentative Tract Map No. 64881, grading plan, site plan, elevations, sections, and landscape, hardscape and irrigation plans and colors and material board; 8. Exhibit "B" Negative Declaration No. 2007-03; 9. Three correspondences from residence; and 10. Aerial photo. 3 --------------------- - RESOLUTION NO. 2007- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE TRACT MAP NO. 64881 AND ADOPTING NEGATIVE DECLARATION NO. 2007-03 SET FORTH THEREIN FOR A NINE UNIT CONDOMINIUM RESIDENTIAL SUBDIVISION LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 8281-028-030.). A. RECITALS 1. The property ownerlapplicant, Joe Kwok, GSDB Investment Group, LLC, has filed an application for approval of Tentative Tract Map No. 64881 and adoption of Negative Declaration No. 2007-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Map and Negative Declaration shall be referred to as the "Application." 2. On September 11, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. At that time, the Planning Commission adopted Resolution No.2007-45 recommending City Council approval of the application 3 On November 2, 2007, public hearing notices were mailed to approximately 210 property owners of record within a 500-foot radius of the project site, a copy of the legal notice was posted at the City's designated community posting sites, and a public notice display board was posted at the site. On November 8, 2007 notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 4. On November 20, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1 This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and.correct. 2. The City Council hereby finds that the project identified above in this Resolution required a Negative Declaration (ND). ND No. 2007-03 has been prepared according to the requirements of the California, Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 day public review period for the ND began August 16, 2007, and ended September 4, 2007. Furthermore, the City Council has reviewed the ND and related documents in reference to the Application. 3. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this City Council that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project site is an irregularly shaped lot located on the northerly side of Golden Springs Drive west of Platina Drive. It is approximately 27,003 square feet (0.62 acres) in area. The site is elevated above the surrounding properties by retaining walls and slopes. From 1966 to 1986, the project site was occupied by a service station. In 1986, the site building was remodeled into a mini-mart with drive-thru known as Diamond Jim's Dairy. (b) The project site has a General'Plan land use designation of High Density Residential (RH) Maximum 20 DU/AC which authorizes a maximum density of 20 dwelling units per acre. (c) The project site is within the Neighborhood Commercial (C-1) zone. However, Zone Change No. 2006-01 within Planning Commission Resolution No. 2007-44 recommends that the City Council approve the zone change from C-1 to High Density Residential-Planned Development (RH-PD) for General Plan compliance. (d) Generally the following zones and uses surround the project site: Site General Plan Zone Uses Project High Density Residential- Neighborhood Commercial Site Maximum 20 Dwelling Unit Commercial (C-1) Per Acre RH North & RH C-1 and R-1-8,000 Residential & West Condoms South Low Density Residential R-3-8,000 Church Maximum 3 Dwelling Units Per acre(RL) c (e) The Application request includes the following: (1) Negative Declaration No. 2007-03 to address impacts that the proposed project may have on the environment; (2) Zone Change application to change the project site's zoning from C-1 to RH-PD-20 Dwelling Units/Per Acre for General Plan compliance; I (3) Subdivision application to create a tract map for condominium purposes; (4) Conditional Use Permit application to establish a Planned Development Overlay' District (PD) to modify setbacks and wall heights that are appropriate for the property characteristics and the type of development proposed for the site; and (5) Development Review application to demolish the existing mini-mart with drive-thru and to review the project's overall design and site plan configuration and its effect on surrounding properties. Tentative Map Findings Pursuant to Subdivision Code Section 21.20 the City Council has made the following required findings: (f) The General Plan land use designation for the project site is High Density Residential (RH). The General Plan describes this designation as a residential land use category for town homes, condominiums, apartments, mobile homes and other multiple family residential properties. This land use category can maintain a maximum density of 20 dwelling units per acre. The proposed map is a non-gated subdivision for a nine unit detached condominium development with private entry and drive aisle. The allowed density for the High Density Residential General Plan designation and zoning district is 20 units per acre. The project is 27,003 square, feet (0.62 acres) could be developed with a maximum density of 12 units. In order to meet the City's development standards and provide the appropriate access and drive isles, landscaping, and condominium units that are marketable in size, the project is proposed at 9 units which is 25 percent below the General Plan and zoning allowed density. Furthermore, the proposed land use represents an extension of the existing development pattern in the project area which is condominiums and single-family residential. As a result, TTM 64881 is consistent with the General Plan including its design and improvements. (g) The project site is approximately 0.62 gross acres (27,003 square feet) in area. TTM 64881 proposes to create a common-interest subdivision to facilitate the development of 9 detached residential condominium units with two car garages and guest parking for each unit, landscaping and private patios. In accordance to the General Plan density provisions, it is permissible to develop up to12 condominium units. However, the proposed density of 9 units is 25 percent below General Plan and zoning potential density. Additionally, the ND prepared for this project reviewed the suitability of the project site, circulation, grading, aesthetics, land use, etc. The ND concluded that the proposed map would not have a significant effect on the environment and with the incorporation of conditions of approval. Therefore, the project site is physically suitable for the proposed type of development and density, h) The ND for this project analyzed whether or not the proposed map would cause substantial environmental damage or injure fish or wildlife or their habitat. The ND concluded that with conditions of approvat as discussed in the ND, it is anticipated that the proposed map's impacts would be reduced to a level "less than significant" and the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. (i) The ND analyzed impacts related to the design of the subdivision and improvements related to the project. The design of the project meets the standards set forth in Development Code and the City's Design Guidelines. The project's design maintains the quality standards specified in the Design Guidelines and Development Code. It is compatible with the existing residential neighborhood that surrounds the project site. As a result, the proposed project's design or type of improvements is not likely to cause serious public health or safety problems. There are no easements of record for thb project site. As discussed in findings above, the project site is suitable for this type of development. Therefore, the .design of the subdivision or the type of improvements- will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. (k) According to the' ND prepared for this project, environmental issues relatedto hydrology and water quality are "less than significant" and discharge sewerage would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. (1) A geotechnical report was prepared for this project and reviewed by the City. The report was approved with conditions that are incorporated into the project design. Additionally, the ND prepared for this project indicates that with the implementation of these conditions in combination with applicable Municipal Code and UBC requirements and appropriate engineering practices will ensure impacts related to geology will be "less than significant". (m) The proposed subdivision is consistent with the applicable provisions of Title 21, the City's Subdivision Ordinance, Subdivision Map Act and the Development Code as discussed in the above findings. 5. Based on the findings and conclusions set forth above, the City Council hereby adopts Negative Declaration No. 2007-03 and approves TTM 64881 subject to the following conditions and Standard Conditions attached and referenced herein: a. GENERAL 1 This approval shall be null and void and of no effect unless the Negative Declaration No. 2007-03 is adopted and Zone Change No. 2006-01, Planned Development Overlay, Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved in accordance to Development Code Section 22.6.6. b. SITE DEVELOPMENT 1 Approximately 1.0 lineal feet of a retaining wall located at the west property line and a wall in the same area which encloses the side yard for unit one is shall not exceed an exposed height of eight feet. 2. Exterior or perimeter walls shall be constructed from split face block with a decorative cap. Interior walls may be stucco in a color to match and/or complement the condominium units. Sample of said construction materials and colors shall be submitted to the Planning Division for review and approval prior to plan check submittal. 3. Uses permitted in the RH zoning district as listed in the Development Code shall be the only uses allowed in the RH-PD zoning designation for the project site. 4. Prior to final map, the applicant shall provide a final landscape and irrigation plan listing all plant species, size quantity and location for Planning Division review and approval. All landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy 5. Prior to plan check submittal, the applicant shall submit an exterior lighting plan and photometric study for Planning Division review and approval. All lighting shall be designed to confine direct rays to the subject property. Spillage beyond the property lines shall not be permitted. Lighting shall be on a time-clock or photo-sensor system. G. BUILDING AND SAFETY DIVISION 1. Prior to final map approval, applicant shall submit to the Building and Safety Division the design of all retaining walls for review and approval concurrently with the grading plan check. d. LOS ANGELES COUNTY FIRE PREVENTION requires all 1 Access shall comply with Section 902 of the Fire Code, which weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 300 feet and are of single access - design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend ovei-160 feet in length. 4. Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. 5. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 6. Applicant shall provide Fire. Department or City approved street signs and building access numbers prior to occupancy. 7. Applicant shall provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. B. Fire hydrant shall conform to the following requirements: (a) Install one fire hydrant; (b) Measure 6" x 4" x 21/2"brass or bronze, conforming to current AWWA standards C503 or approved equal; (c) On site hydrants shall be installed a minimum of 25 feet form a structure or protected by two hour fire wall. 9. The required fire flow for public fire hydrants at this location shall be 1500 gallons per minute at 20 psi for duration of two hours, over and above maximum daily domestic demand. Two hydrant flowing simultaneously, may be used to achieve the required fire flow 10. All required fire hydrants shall be installed, tested and accepted or bonded for prior to final map approval. Fhe City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Joe Kwok, GSDB Investment Group, LLC, 625 Fair Oak Avenue, #115, South Pasadena, CA 91030 PASSED, APPROVED AND ADOPTED This 20th Day of November 2007. � ev'(;Tye, TYor 1, To m'mye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of.Nove.-aber 2007 by the following vote: AYES: Council Members: aia Rerrera, 14PT/Tannaka, NOES: Council Members: 4one ABSENT: Council Members: XL.one ABSTAIN: Council Members: Tommyetribbins, City Clerk, City of Diamond Bar COMMUNITY DEVELOPMENT DEPARTMENT STAND' ARD C"' ONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: TTM No. 64881 ND No. 2007-03, ZC No. 2006-01/Planned Development Overlay, CUP No. 2007-10 and DR No. 2006-11 SUBJECT: Nine unit, detached, residential condominium subdivision APLICANT: Joe Kwok, 23671 Golden Springs Drive LOCATION: 23671 Golden Springs Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from, any claim, action, or.proceeding to attack, set-aside, void or annul, the approval of Tentative Tract No. 64881 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 8 ---------------- 2. Applicant shall include signed copies of the City Council Resolution Nos. 2007-44, 2007-45, 2007-46, Standard Conditions, and all environmental mitigations shall be included an the plans (full size). The sheet(s)are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised plans (such as but not limited to site plan, elevations, landscape/irrigation plan, grading plan, etc.,) incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the plan check. 4. Notwithstanding any previous subsection of the resolution,the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading,tree removal, encroachment, building, etc.)or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced,whichever comes first. 8. - Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 1 Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in-lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 3. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 9 4. Notwithstanding any previous subsection of the resolution.,the Department of Fish and Game required payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this grant's approval. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the 'City of Diamond Bar Community Development Department/ Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval: 2. In accordance with*the Subdivision.Map Act, Section 66463.5, TTM No. 64881 is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to the approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with TTM No. 64881 including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT 1. The project site shall be developed in substantial conformance with TTM No. 64881 except as conditions herein, and as conditioned in Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 submitted to and recommended approval by the City Council to the City Council collectively referenced herein as Exhibit "A" - the subdivision map and site plan, elevations, grading plan, sections, landscape/irrigation plans, and colors and materials board, Exhibit "B"- Negative Declaration No. 2007-03 dated September 11, 2007, as modified herein. 2. A Home Owner's Association (HOA) shall be formed. The HOA shall have Conditions and Restrictions (CC&R's)and Articles of Incorporation of the HOA are subject to the approval of Planning Division and Public Works/Engineering Department and the City Attorney.The CC&R's shall be recorded concurrently with the final map or prior to the issuance of any City permits, which ever occurs first. A recorded copy shall be provided to the City Engineer. The HOA shall submit to the Planning Division a list of the names and addresses of the officers on or before January 1 of each and every year and whenever said information changes. 3. All ground-mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 4. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall 10 not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 5. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 6. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method, of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to final map approval, a detailed landscape/irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits and recordation of the map, which ever occurs first. F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection,transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of 1 interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Prior to final map approval,written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 4. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 5. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 6. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 7. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. B. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 9. All identified geologic hazards within the vesting tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 10. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 11. Prior to any work performed ,in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. 12. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 12 --- ----------- 13. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 14. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map.is received by the Public Works/Engineering Department. 15. Prior to occupancy,the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 16. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 17. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 18. All activities/improvements proposed for this TTM No. 64881 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING 1. No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 2. Retaining wall location shall be shown on the grading plan and' submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 13 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot-high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas drivewaygrades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer, Driveways with a slope of 15 percent shall incorporate grooves for traction. into the construction as required by the City Engineer. 8. At the time of submittal of the 40-scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following; a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e:, landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. C. Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas -shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part,of geotechnical report, including remedial fill that replaces natural slope. 9. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40-scale final grading plan as a base. 14 i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 9. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works Department and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 10. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and,approved by the City Engineer. 11. A Standard Urban Stormwater Management Plan (SUSMP) conform'ing to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post-construction activities respectively. 12. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 13. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 14. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 15. Prior to the issuance of Building Permits, a pre-construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 16. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 17. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final ins pections/certificate of occupancy. C. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landf6rm 15 slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject* to drainage flows entering, leaving, orwithin a parcel relative to which a building permit is requested. 3. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 4. Storm drainage facilities shall be 'constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the City and County of Los Angeles and all fees required shall be paid by the applicant. 5. A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future)easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. 6. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. 7. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. D. STREET IMPROVEMENT 1 The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 3. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. 16 E. UTILITIES I Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD)specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the e Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water,system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree-except as approved by a registered arborist. F. SEWERS 1 Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate sewer lateral Which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be 17 connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map. 3. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. 4. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. . APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures"C" and the site is within seismic zone four (4). 'The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 7. All balconies shall be designed for 601b. live load. 8. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 9. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 18 10. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for Combustible Construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. Prior to recordation, the final map shall comply with all Fire Department requirements. END 19 CITY COUNCIL RESOLUTION NO. 2007- 63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING OF NEGATIVE DECLARATION NO. 2007-03 AND APPROVING PLANNED DEVELOPMENT OVERLAY , DISTRICT CONDITIONAL USE PERMIT NO. 2007-10 AND DEVELOPMENT REVIEW NO. 2006-11 FOR TENTATIVE TRACT MAP NO. 64881, A NINE UNIT DETACHED RESIDENTIAL CONDOMINIUM SUBDIVISION, LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 82814-028-030) A. RECITALS I The property owner/applicant,Joe Kwok, GSD13 Investment Group, LLC, has filed an application for Planned Development Overlay District Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 for Tentative Tract Map No. 64881 as described in the title of this Resolution. Hereinafter in this Resolution,the subject Planned Development Overlay Conditional Use Permit and Development Review shall be referred to as the "Application." 2. On September 11, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. At that time,the City Council adopted Resolution No.2007-46 recommending City Council approval of the application 3 On November 2, 2007, public hearing notices were mailed to approximately 210 property owners of record within a 500-foot radius of the project site, a copy of the legal notice was posted at the City's designated community posting sites, and a public notice display board was posted at the site. On November 8, 2007 notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 4. On November 20, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that the project identified above in this Resolution required a Negative Declaration (ND). ND No. 2007-03 has been 1 r prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 day public review period for the ND began August 16, 2007, and ended September 4, 2007. Furthermore,the City Council has reviewed the ND and . related documents in reference to the Application. 3. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this City Council that the project proposed herein will have the potential of an adverse effect on wildlife.resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project site is an irregularly shaped lot located on the northerly side of Golden Springs Drive west of Platina Drive. It is approximately 27,003 square feet (0.62 acres) in area. The site is elevated above the surrounding properties by retaining walls and slopes. From 1966 to 1986, the project site was occupied by a service station. In 1986, the site building was remodeled into a mini-mart with drive-thru known as Diamond Jim's Dairy. (b) The project site has a General Plan land use designation of High Density Residential (RH) Maximum 20 DU/AC which authorizes a maximum density of 20 dwelling units per acre. (c) The project site is within the Neighborhood Commercial (C-1) zone. However, Zone Change No. 2006-01 within City Council Resolution No. 2007-44 recommends that the City Council approve the zone change from C-1 to High Density Residential-Planned Development (RH-PD) for General Pian compliance. (d) Generally the following zones and uses surround the pro'ect site: Site General Plan Zone Uses Project High Density Residential- Neighborhood Commercial Site Maximum 20 Dwelling Unit Commercial (C-1) Per Acre RH j North & RH C-1 and R-1-8,000 Residential & West Condoms South Low Density Residential R-3-8,000 Church Maximum 3 Dwelling Units _. Per acre RL i 2 2007--53 (e) The Application request includes the following: (1) Negative Declaration No. 2007-03 to address impacts that the proposed project may have on the environment; (2) Zone Change application to change the project site's zoning from C-1 to RH-PD -20 Dwelling Units/Per Acre for General Plan compliance; (3) Subdivision application to create a tract map for condominium purposes; (4) Conditional Use Permit application to establish a Planned Development Overlay District(PD)to modify setbacks and wall heights that are appropriate forthe property characteristics and the type of development proposed for the site.; and (5) Development Review application to demolish the existing mini- mart with drive-thru and to review the project's overall design and site plan configuration and its effect on surrounding properties. Conditional Use Permit for Planned Development Overlay District In accordance to Municipal Code Section 22.22.150, pertaining to required findings for a Conditional Use Permit for Planned Development Overlay District, the City Council finds as follows: (f) Zone Change 2006-01 will change the existing zoning from C-1 to High Density Residential (RH) which is consistent with the General Plan land use designation for the project site. However, the Planned Development Overlay is needed because units 7 through 9 will not maintain the required 20 foot front setback. Unit 7 will maintain a varying front setback of 20 to 17.5 feet. Units 8 and 9 will maintain a setback of 17.5 feet. Because of the irregular shape of the site, the angle of the rear property line and the requirement to maintain a minimum 26 foot wide drive isle for backing out of the garages, and to have an end product that marketable in terms of livable square footage, a consistent 20 foot front setback can not be maintained. Considering the about of patio and planting areas in the front yards and common area between units 7 and 8, staff believes that the front setbacks provided for these units is appropriate for this project. For approximately 10 lineal feet a retaining wall with an exposed height of nine feet is proposed at the west property line. Another wall in the same area which encloses the side yard for unit one is proposed at the same height. These walls are needed because of the grade difference between the neighboring property and the project site. Almost all of the exposed height of the walls will be viewed from inside the project site. The applicant believes that the exposed height of the walls could be reduced to eight feet. Because of the grade 3 3 differences and the lineal feet of the walls is minimal and the walls will be viewed from inside the project site, staff believes that the height of the walls is appropriate for this project. Since the rear of each condominium unit faces the center of the project site and drive isle that is 26 to 30 ft. wide, there is no rear yard. However, considering that 24 percent of the project site is landscaped which exceeds the minimum 15 percent requirement and the garages are not part of the streetscape, staff believes that the placement of the units is appropriate. Additionally, the purpose of setbacks is to provide light and separation between structures. The drive isle provides this. (g) The proposed map is a non-gated subdivision for a nine unit detached condominium development with private entry and drive isle. The allowed density for the High Density Residential General Plan designation and zoning district is 20 units per acre. The project is 27,003 square feet (0.62 acres)could be developed with a maximum density of 12 units. in order to meet the City's development standards and provide the appropriate access and drive isles, landscaping, and condominium units that are marketable in size,the project is proposed at nine units which is 25 percent below the General Plan and zoning allowed density. Furthermore, the proposed land use represents an extension of the existing development pattern in the project area which is condominiums and single-family residential. As a result, TTM 64881 is consistent with the General Plan including its design and improvements. (h) As discussed in Finding (g), (j), (1)and (o)above,the design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints as described in Findings (g), (j), (1) and (o) above. (j) The ND reviewed issues related to public interest, health, safety and improvement related to this project. it was found that the project will not have a significant effect on these issues. In some instances mitigation measures are incorporated into the project to ensure that the project's effect on these issues will be "less than significant". Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. 4 2007-63 (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project required a Negative Declaration (ND). ND No. 2007-03 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. 5. Based on the findings and conclusions set forth above, the City Council hereby recommends that the City Council approve Conditional Use Permit No. 2007-10 Planned Development Overlay and Development Review No. 2006-11 for TTM No. 64881 subject to the following conditions and Standard Conditions attached and referenced herein: a. GENERAL 1. This approval shall be null and void and of no effect unless the Negative Declaration No. 2007-03 is adopted and TTM No. 64881, Zone Change No. 2006-01, Planned Development Overlay Conditional Use Permit No. 2007-1,0 and Development Review No. 2006-11 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved pursuant to Development Code Section 22.66. b. SITE DEVELOPMENT 1. Approximately ten lineal feet of a retaining wall located at the west property line and a wall in the same area which encloses the side yard for unit one is shall not exceed an exposed height of eight feet. 2. Exterior or perimeter walls shall be constructed from split face block with a decorative cap. Interior walls may be stucco in a color to match and/or complement the condominium units. Sample of said construction materials and colors shall be submitted to the Planning Division for review and approval prior to plan check submittal. 3. Uses permitted in the RH zoning district as listed in the Development Code shall be the only uses allowed in the RH- PD zoning designation for the project site. 4. Prior to final map,the applicant shall provide a final landscape and irrigation plan listing all plant species, size quantity and location for Planning Division review and approval. All landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy 5 5. Prior to plan check submittal, the applicant shall submit an exterior lighting plan and photometric study for Planning Division review and approval. All lighting shall be designed to confine direct rays to the subject property. Spillage beyond the property lines shall not be permitted. Lighting shall be on a time-clock or photo-sensor system. C. BUILDING AND SAFETY DIVISION 1. Prior to final map approval, applicant shall submit to the Building and Safety Division the design of all retaining walls for review and approval concurrently with the.grading plan check. d. LOS ANGELES COUNTY FIRE PREVENTION 1. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed,constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend over150 feet in length. 4. Private driveways shall be indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained,in accordance with the Fire Code. 5. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 6. Applicant shall provide Fire Department or City approved street signs and building access numbers prior to occupancy. 7. Applicant shall provide water mains,fire hydrants and fire flows as required by the County of Los Angeles Fire Department,for all land shown on map which shall be recorded. I 6 �zGU7--63 8. Fire hydrant shall conform to the following requirements: (a) Install one fire hydrant; (b) Measure 6" x 4" x 2Y2" brass or bronze, conforming to current AWWA standards C503 or approved equal; (c) On site hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall. 9. The required fire flow for public fire hydrants at this location shall be 1500 gallons per minute at 20 psi for duration of two hours,over and above maximum daily domestic demand. Two hydrant flowing simultaneously, may be used to achieve the required fire flow 10. All required fire hydrants shall be installed, tested and accepted or bonded for prior to final map approval. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Joe Kwok, GSDB Investment Group, LLC, 625 Fair Oak Avenue,#115, South Pasadena, CA 91030 APPROVED AND ADOPTED THIS 20TH DAY OF NOVEMBER 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR., BY:— �-�Steve TyMayor 7 20G7--63 1, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day ofi;� FX_ , 2007 by the following vote: AYES: Council Members: tt �:�3ctI1[3, ±':Vert?�..c., Herrera, XITye f NOES: Council Members: i ojie ABSENT: Council Members: sone ABSTAIN: Council Members: une Tommye Cribbins, City Clerk, City of Diamond Bar I I 8 007-63 COMMUNITY DEVELOPMENT Y L DEPARTMENT AitJkY(IItKf' ' ,014k A=11L L I INNh, fr& LIS Epalik T Am NN ND& A K'"% ED& U U N U I T I U 1'4 USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: TTM No. 64881, ND No. 2007-03 ZC No. 2006-01/Planned Development Overlay, CUP No. 2007-11 and DR No. 2006-11 SUBJECT: Nine unit, detached, residential condominium subdivision APLICANT: Joe Kwok, 23671 Golden Springs Drive LOCATION: 23671 Golden Springs Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Tentative Tract No. 64881 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: i (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 9 2. Applicant shall include signed copies of City Council Resolution Nos. 2007- 44, 2007-45, 2007-46, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised plans (such as but not limited to site plan, elevations, landscape/irrigation plan, grading plan, etc.,)incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to the pian check. 4. Notwithstanding any previous subsection of the resolution,the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances,and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit(whichever comes first),as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review j and processing fees prior to the map's recordation or issuance of building permit, whichever come first. I 2. Prior to final map approval, the applicant shall pay a fee to the City in-lieu of dedication for parkland pursuant to Subdivision Ordinance Chapter 21.32. 10 3. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 4. Notwithstanding any previous subsection of the resolution,the Department of Fish and Game required payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this grant's approval. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar Community Development Department/ Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. In accordance with the Subdivision Map Act, Section 66463.5, TTM No. 64881 is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to the approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with TTM No. 64881 including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. D. SITE DEVELOPMENT 1. The project site,shall be developed in substantial conformance with TTM No. 64881 except as conditions herein, and as conditioned in Conditional Use Permit No. 2007-11 and Development Review No.2006-11 submitted to and recommended approval by the City Council to the City Council collectively referenced herein as Exhibit "A" - the subdivision map and site plan, elevations, grading plan, sections, landscape/irrigation plans, and colors and materials board, Exhibit "B"- Negative Declaration No. 2007-03 dated September 11, 2007, as modified herein. 2. A Home Owner's Association (HOA) shall be formed. The HOA shall have Conditions and Restrictions (CC&R's) and Articles of Incorporation of the HOA are subject to the approval of Planning Division and Public Works/Engineering Department and the City Attorney. The CC&R's shall be recorded concurrently with the final map or prior to the issuance of any City permits, which ever occurs first. A recorded copy shall be provided to the City Engineer. The HOA shall submit to the Planning Division a list of the names and addresses of the officers on or before January 1 of each and every year and whenever said information changes. 3. All ground-mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 4. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 5. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits.All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 6. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building permits. Such plan shall indicate style, illumination,location, height, and method of shielding so as not to adversely affect adjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to final map approval, a detailed landscape/irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits and recordation of the map, which ever occurs first. F. SOLID WASTE 1. The site shall be maintained in a condition,which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse,whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. j 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 12 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1 A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Prior to final map approval,written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. 4. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 5. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 6. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 7. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 8. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 9. All identified geologic hazards within the vesting tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to 13 geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 10. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map,as approved by the City Engineer. 11. Prior to any work performed in the street right-of-way,fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. 12. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 13. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 14. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 15. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 16. Applicant shall contribute funds 'to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 17. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 18. All activities/improvements proposed for this TTM No. 64881 shall be wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. GRADING I No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 14 2. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible.Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot-high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 f6et deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 8. At the time of submittal of the 40-scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. 15 C. Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading. d. The extent of any remedial grading into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40- scale final grading plan as a base. i. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. 9. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works Department and surety shall be posted and an agreement executed - guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 10. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 11. A Standard Urban Stormwater Management Plan (S.USMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post-construction activities respectively. 12. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 13. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. i i 16 I 14. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 15. Prior to the issuance of Building Permits, a pre-construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 16. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 17. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. C. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. All identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 4. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the City and County of Los Angeles and all fees required shall be paid by the applicant. 5. A final drainage study and final drainage/storm drain plan in a 24"x 36"sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. 17 6. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. 7. A comprehensive maintenance plan/program shall be s*ubmitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. D. STREET IMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Prior to the issuance of any City permits, the applicant shall provide written, permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 3. Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES 1: Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer,WVW D and Fire Department. 4. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be 18 submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable,within ninety(90)days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services.to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS 1. Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate sewer lateral which shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map. 3. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County.Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. 4. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code,.California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable 19 i construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 7. All balconies shall be designed for 601b. live load. 8. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 9. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 10. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. I j APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. i 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water ! supply for fire protection is available pending completion of the required fire protection system. 20 3. Prior to recordation, the final map shall comply with all Fire Department requirements. END f 21 res9' NOTICE OF. PUBLIC HEARING City of Diamond Bar, 21825 Copley Drive, Diamond Bar, CA 91765 (909) 839-7030 TO: Property Owners within a 500 foot radius of subject site FROM: City of Diamond Bar, City Council NOTICE IS HEREBY GIVEN, That the City Council will conduct a public hearing on the,following item to determine whether or not the subject request shall be approved under the provision of State law and the Diamond Bar Municipal Code (DBMC). DATE AND TIME OF HEARING: Tuesday, February 15;2011, 6:45 P.M. (or as soon thereafter that the matter can be heard) PLACE OF HEARING: South Coast Air Quality Management District Auditorium j 21865 Copley Drive,Diamond Bar, CA 91765 SUBJECT:. Time Extension for Conditional Use Permit No. 2007-10 and Development Review No.2006-11 ("Project") REQUEST: ` One-year time extension for nine-unit residential condominium project on a 0.62 acre lot. Under the authority of DBMC Section 22.66.050, the applicant submitted a request for a one year extension of time to begin construction. The project was approved on November 20, 2007 with a three(3)year time frame to obtain building permits and begin construction. PROJECT ADDRESS: 23671 Golden Springs Drive, Diamond Bar, CA.91765 PROPERTY OWNER: . GSDB Investment LLC, 625 Fair Oaks Avenue#115, South Pasadena, CA 91030 PROJECT APPLICANT: Joseph Kwok, 625 Fair Oaks Avenue#115, South Pasadena, CA 91030 ENVIRONMENTAL DETERMINATION: This project has been reviewed for compliance with the California Environmental Quality_ Act (CEQA)., Based on that assessment, the City Council adopted Negative Declaration No. 2007-03 on November 20;2007. No further environmental review is required to extend the time limit for the approved project. I . Published in:. San Gabriel Valley Tribune: Friday, February 4 2011 . .. Inland Valley Daily Bulletin: Friday, February 4, 2011 I . If you are unable to attend the public hearing, but wish to.send written comments, please write to the City of Diamond Bar Community Development Department/Planning Division at the address given below. To preview case materials or for further information on this subject, please contact Senior Planner Grace S. Lee at(909)839-7081. i If you challenge this application and project in.court, you may be. limited to raising only those issues you or someone else raised at the P1 tins rive public hearing described in this.notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. CASE ,% / PG MATERIALS are available for review between, the hours of 7:30 a.m. f� ' ,5 and 5:30 p.m. Monday.through Thursday and 7:30 a.m. to 4:30 p.m. ° Z r fk on .Friday, at the Community Development Department/Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765.1.. PG POR 5: �3 SHEETS 2,371 PG ' } T _ wcumrrw xnaun ' \., `._ mramiwwordawu cv,wxuucu . \ m !o. w,rvuaeouieme'e,rc� ro+uw:u,uvuur > '•� tT lr uanc oxuu t Agenda # s 1 Meeting Date: February 15, 2011 IT CITY COUNCIL 40�RroR�SAGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mana TITLE: Resolution No. 2011-XX approving Fiscal Year 2010-2011 Budget Amendment RECOMMENDATION: Approve BACKGROUND: The City Council adopted Resolution No. 2010-17 on May 18, 2010 approving the FY10-11 Municipal Budget. The City Council has approved additional appropriations as they have occurred throughout the year. It is City policy for staff and the City Council to periodically review the annual budget and make adjustment as deemed necessary. DISCUSSION: Budget for FY10-11 includes anticipated resources of The City's current adjusted General Fund g p $31,432,930. It is recommended that estimated resources be increased by $18,789 to $31,451,719. The current approved General Fund appropriations budget equals $31,349,038. It is recommended that this budget be decreased by $129,729 to $31,219,309. In addition the use of fund balance reserves should be increased by $228,022 for the CIP program ($211,000).and to subsidize LLAD 41 ($17,022). The use of fund balance reserves for economic development is recommended to be decreased $50,000. These recommended changes in the General Fund estimated resources and appropriations will result in an estimated $18,423,524 in General Fund unreserved fund balance at the end of the fiscal year. Current Budget Amendment Adjusted Budget Resources Annual Revenue $19,004,966 $18,789 $19,023,755 Use of Fund Balance Reserve 12,427,964 0 12,427,964 Total Resources $31,432,930 $18,789 $31,451,719 Total Appropriations 31,046,403 (129,729) 30,916,674 Impact to Fund Balance $386,527 $148,518 $535,045 Unreserved Fund Balance @ Beg of FY $30,797,100 $30,797,100 Less Prior Year Encumbrances C/O (302,635) (302,635) Less Uses of Unreserved Fund Bal (12,427,964) (178,022) (12,605,986) Estimated Unreserved Fund Bal @ End of FY $18,453,028 ($29,504) $18,423,524 I General Fund Revenues: When the FY10-11 Budget was adopted careful consideration went into the preparation of the revenue estimates. The state of the economy continues to be a major concern to the City of Diamond Bar. So in preparation for the mid-year budget review, staff spent a considerable amount of time examining the City's revenues to ensure valid revenue estimates in this time of economic uncertainty. • Property Taxes—The recommended adjustment to property tax revenues is to decrease the projected apportionments by $37,880. Property tax revenue growth is expected to be insignificant, since base year values actually declined in 2010/11 by .237%, based on the California Consumer Price Index (CCPI) for all items, and has been determined to grow only .753% in 2011/12. The CCPI for property tax base year values is determined from the October to October period each fiscal year. • Other Taxes — Included in the other taxes category are Sales Tax, Transient Occupancy Tax, Property Transfer Tax and Franchise Tax. This category of revenue has been adjusted upward by $212,000, due to a slight turnaround in retail sales, as a result of an improving economy, but the primary increase in this category is an increase in the distribution of Property taxes in lieu of Sales tax, due to an under-allocation of revenues in the prior year. Property tax in lieu of Sales tax is also known as the "triple flip" revenue, which is the 25% of sales tax diverted by the State in prior years to assist in bailing the State out of its financial insolvency. Transient Occupancy taxes are being adjusted upward by $21,000 due to better than expected results thus far in 2010-11. • State Subventions— Motor Vehicle in Lieu (VLF) revenues are also showing better than expected results thus far in the fiscal year. This category of revenue is being adjusted upward by $45,000 i from the adopted budget. • Current Service Charges—This category includes various development related fees and contract classes fees which have been on the decline due to the weak economy. It is recommended that the revenue projections be reduced by $50,750 to recognize the lower amounts received thus far in the fiscal year compared to budgeted amounts for the first six months of 2010-11. • Use of Money and Property— Investment yields have remained uncommonly low this fiscal year resulting in lower than anticipated investment revenue. Although this has affected the City's revenue stream the lower yields have resulted in interest savings on the City's outstanding bond issue. The overall change in Use of Money and Property is a reduction of$48,390. • Transfers in — Other Funds —The major change in this due to the reduction in the transfer from the Gas Tax fund for road maintenance activities. Revenues in this fund have been reduced resulting in less funds being available for this purpose. The overall change in this category is a reduction of$101,101, the amount of a deficit in the Gas Tax fund that was carried over from 2009-10. However, a new General Fund revenue from the Trash Hauler contract will offset $85,000 of this reduction in transfers to the General Fund. The impact to GF revenue of all of the above changes is a net increase of$18,789 as outlined in Exhibit A. 2 General Fund Appropriations: When the budget was adopted in May, 2010 the General Fund appropriations equaled $31,039,350 ($30,824,350 plus $215,000) including the transfer for the Capital Improvement Program. Prior to this budget amendment the City Council authorized additional appropriations of$524,688 for a total of $31,564,038. These additional appropriations consisted of: Description Amount Architectural and consulting services-Civic Center design 392,640.00 Contract for land planning services for Site D 48,826.00 Security Services at Diamond Bar Center 22,700.00 Retrospective deposit for JPIA Liability insurance program 60,522.00 $524,688.00 The uncertainty over the State's fiscal problems continues to hang over all cities in the state. Although propositions passed by voters over the past few years to protect local revenues have certainly helped, the State is yet again proposing shifting costs to the local level by having local government assume responsibility for services currently provided by the State. It is unknown what impact this could have on services provided to City residents, and so City management has chosen to leave certain vacant positions in the City unfilled. As result, an additional savings of$82,250 for those vacant positions has been factored into the mid-year adjustments. The following are the highlights of the changes in the General Fund appropriations: City Attorney—This budget has been increased by $80,000, due to an increase in code enforcement activity, an increase in the hourly rate of the City prosecutor (the first rate increase since 2002), and increases in the hourly rates and the need for increased services of the City Attorney. • Finance—This department's budget has been reduced by $36,314 to reflect expected salary/benefit savings from the vacant part time Sr. Office Specialist position, and Director of Finance position. • General Government—As mentioned in the revenue discussion, interest rates have been unusually low this fiscal year. This has resulted in a reduction in the cost of debt service on the City's variable rate lease revenue bond issue. As a result the General Government budget has been reduced by $112,341. • Economic Development—The economic development budget has been reduced by $50,000, due to the slowdown in the economy, and the lack of economic development opportunities. • Building and, Safety—The Building and Safety budget has been increased by $60,850 due to an increase in costs for the contract provider, as a result of a change in the contractor used to provide these services, and a change from a commission basis to an hourly rate basis. 3 • Community Services Admin —This budget has been reduced by $34,600 which is additional salary/benefit savings expected from the vacant Admin Assistant position. • Park Operations — This budget has been increased by $20,176 to provide funds for improvements at Pantera and Peterson parks, and for materials to re-key all park buildings • Recreation —This budget has been reduced by $26,500. This expected savings in appropriations is due to a reduction in appropriations for contract classes, as a result of declining enrollments, offset by an slight increase for teen night out and armed forces banner replacements, • Public Works Admin —This budget has decreased $11,000. This is due to expected additional salary/benefit savings of the Sr. Management Analyst position vacancy. • Engineering — Appropriations for plan checking services has been reduced by $15,000 as a result of a slowdown in building activity from the economic recession. • Transfer out— LLAD #41 — In the 2010-11 budget, projected expenditures for LLAD #41 exceeded projected revenues by $18,873, yet no transfer from the General Fund to subsidize this deficit was included. LLAD #41 ended 2009-10 with a surplus of$1,851, but an additional transfer of$17,022 ($18,873 - $1,851) is needed to eliminate the deficit. All three LLAD's now need General Fund subsidy. The 2010-11 budget includes a subsidy of $14,807 for LLAD # 38, and a subsidy of $57,042 for LLAD #39. The total General Fund subsidy of the assessment districts for 2010-11 is expected to be nearly $89,000, and will grow in future years due to inflationary factors. The effect of all of these changes to General Fund appropriations is a net reduction of$129,729. There are brief explanations of all of the adjustments to the General Fund appropriations on page 3 of Exhibit A. Capital Improvement Projects (CIP) and Other Funds: The Mid Year Budget Amendment includes changes to four of the projects in the City's CIP program resulting in a decrease of$52,457.65. The following are the highlights of these changes: • Brea Canyon Cutoff@SB 57 On/Off Ramp —The change in this project is only a change in the funding source from developer fees to General Fund reserves. The developer fees were collected in prior years, and deposited into the General Fund. Therefore, the funds are now actually part of General Fund reserves, not current year revenues. • Sunset Crossing Traffic Calming Project— Savings from this project in the amount of $21,047.40 are available for other projects. $7,589.75-will be transferred to the slurry seal project below. The remaining $13,457.65 will be returned to fund balance in the Traffic Improvement Fund. • Arterial Slurry Seal-Zone 3 and 4-Increase of$7,589.75 as explained above. • Brea CanyonNia Sorella Drainage Improvements-Savings from this project will be returned to General Fund reserves in the amount of$39,000. 4 Gas Tax Fund The Gas Tax Fund had a deficit of$101,101 at the end of 2009-10. Therefore, the transfers out of the Gas Tax Fund to the General fund are being reduced by the $101,101. This reduction of transfers to the General Fund is offset by a new General Fund revenue in the amount of$85,000 from the waste hauler franchise agreement, which specifically sets out a new revenue of$85,000 earmarked for street sweeping expenditures. Proposition A Fund Due to an increase in the sale of transit passes, both the revenues and expenditures of the Proposition A Fund need to be increased from the adopted budget by a net amount of$50,000 in appropriations. The amount is to account for the subsidy of the transit passes provided to City residents from the Proposition A Transit Tax. E Byrne Justice Assistance Grant (JAG) Fund Additional revenues need to be recognized for the three JAG grants, the JAG ARRA ($49,756), for the amounts that were not included in the adopted budget, including City of Los Angeles administrative costs, the 2009 JAG ($11,377), a revised amount to include LA administrative costs, and the 2010 JAG, for grant funds awarded 8/31/2010. These revenues will remain in the fund balance of the JAG Fund until they are needed. LLAD #41 Fund The adopted budget for 2010-11 did not include a transfer from the General Fund for a projected deficit in the LLAD #41 Fund, as discussed earlier. A transfer in from the General Fund in the amount of$17,022 has been included in the mid-year adjustments to correct this oversight. FINANCIAL IMPACT: General Fund The Mid-Year Budget Amendment includes an increase in estimated revenue for the General Fund in the amount of $18,789 and a decrease in General Fund appropriations in the amount of $129,729 and are outlined in Exhibit A. Capital Improvement Projects Changes to the Capital Improvement Projects (Exhibit A) list include total changes amounting to a decrease of$52,457.65. Special Funds Changes to the other funds are outlined in Exhibit A. The following is a brief recap of the changes: 5 Revenue Appropriations Fund Bal Increase/ Increase/ Net Increase (Decrease) (Decrease) _(Decrease) Special Funds Gas Tax Fund (101,101) 101,101 Proposition A Fund 200,000 250,000 (50,000) E Byrne JAG Fund 72,933 72,933 LLAID 38 Fund 17,022 17,022 Capital Improvement Projects Fd (52,458) 52,458 Total Special Fund Changes $289,955 $96,441 $193,514 General Fund Changes 18,789 48,293 (29,504) Grand Totals $308,744 $144,734 $164,010 Overall the Mid Year Budget amendment proposes an increase in Estimated Revenue of $308,744 for all funds and an overall increase in Appropriations of$144,734 for all funds. PREPARED BY: Glenn L. Steinbrink Interim Finance Director REVIEWED BY: fJ Interim Finance Director Assistant Ci Manager Attachments: Resolution and Exhibit A - Budget Worksheets 6 RESOLUTION NO. 2011- A 011-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE FY10-1 1 MUNICIPAL BUDGET. WHEREAS, the City Council has adopted Resolution No. 2010-17, A Resolution of the City Council of the City of Diamond Bar approving and adopting a budget for the City of Diamond Bar for the Fiscal Year commencing July 1, 2010 and ending June 30, 2011 including maintenance and operations, special funds and capital improvements and appropriating funds for accounts departments, divisions, object and purposes therein set forth (herein referred to as the "Budget"); and WHEREAS, the City Council may choose to amend the Budget from time to time throughout the fiscal year; and WHEREAS, an amendment to the FY 2010-11 Budget is attached as Exhibit A; and WHEREAS, the Amendment has been presented to the City Council at a City Council meeting; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by,the City Council of the City of Diamond Bar as follows: Section 1. The City Council hereby finds and determines that the FY10-11 Annual Budget be amended as set forth in the attached Exhibit A. Section 2. There are hereby appropriated for obligations and expenditures by the City Manager the amounts shown on the attached Exhibit. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of 2011. Steve Tye, Mayor 7 I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk of the City of Diamond Bar 8 Exhibit A CITY OF DIAMOND BAR FY2010-2011 MID YEAR BUDGET AMENDMENT GENERAL FUND Adopted Previous Current Mid Year Budget Adjustments Budget Amendment Adj Budget Estimated Resources Property Taxes 3,840,000 3,840,000 (37,880) 3,802,120 Other Taxes 5,222,000 5,222,000 212,140 5,434,140 State Subventions 4,610,000 333,000 4,943,000 44,770 4,987,770 From Other Agencies 10,000 10,000 0 10,000 Fines and Forfeitures 523,500 523,500 0 523,500 Current Service Charges 1,872,628 1,872,628 (50,750) 1,821,878 Use of Money&Property 1,169,500 22,700 1,192,200 (48,390) 1,143,810 Transfers-In Other Funds 1,401,638 1,401,638 (101,101) 1,300,537 Fd Balance Reserves 12,427,964 12,427,964 0 12,427,964 Total Estimated Resources 31,077,230 355,700 31,432,930 18,789 31,451,719 Appropriations City Council 163,000 163,000 1,100 164,100 City Attorney 185,000 185,000 80,000 265,000 City Manager/City Clerk 1,003,990 1,003,990 (16,800) 987,190 Finance 438,520 438,520 (36,314) 402,206 Human Resources 206,280 206,280 206,280 Information Technology 739,785 739,785 6,700 746,485 General Government 1,320,400 1,320,400 (112,341) 1,208,059 Civic Center 12,053,615 392,640 12,446,255 12,446,255 Public Information 515,470 515,470 515,470 Economic Development 196,600 48,826 245,426 (50,000) 195,426 Law Enforcement 5,549,800 5,549,800 5,549,800 Volunteer Patrol 9,250 9,250 9,250 Fire 11,500 11,500 11,500 Animal Control 131,780 131,780 131,780 Emergency Preparedness 76,140 76,140 76,140 Community Development/Planning 517,770 517,770 517,770 Building&Safety 339,150 339,150 60,850 400,000 Neighborhood Improvement 310,750 310,750 310,750 Community Svcs Admin 317,190 317,190 (34,600) 282,590 Diamond Bar Center-Operations 851,800 22,700 874,500 4,000 878,500 Park Operations 892,050 892,050 20,176 912,226 Recreation 1,702,455 1,702,455 (26,500) 1,675,955 Public Works-Admin 591,850 591,850 (11,000) 580,850 Engineering 299,850 299,850 (15,000) 284,850 Road Maintenance 1,211,500 1,211,500 1,211,500 Landscape Maintenance 341,500 341,500 341,500 Transfer-Out Other Funds 847,355 60,522 907,877 907,877 Total Appropriations 30,824,350 524,688 31,349,038 (129,729) 31,219,309 Excess Resources over Appropriations 252,880 (168,988) 83,892 148,518 232,410 Fund Bal Reserves @ Beginning of Yr 29,021,958 1,775,142 30,797,100 30,797,100 Available Resources 29,274,838 30,880,992 148,518 31,029,510 Uses of Fund Balance Reserves: City Hall Purchase 9,917,000 9,917,000 9,917,000 City Hall Expansion/Move 2,111,615 2,111,615 2,111,615 Economic Development 112,500 112,500 (50,000) 62,500 Transfer out-LLADS 71,849 71,849 17,022 88,871 Transfer out-CIP Fund 215,000 215,000 211,000 426,000 Subtotal 12,427,964 12,427,964 178,022 12,605,986 Estimated Fd Bal Reserves @ 06/30/11 16,846,874 1,606,154 18,453,028 (29,504) 18,423,524 9 Exhibit A FY2010-2011 MID YEAR BUDGET AMENDMENT GENERAL FUND REVENUES Current Mid Year Account# Budget Amendment Adj Budget Explanation Property Taxes Current Secured 001-30010 3,525,000 3,060 3,528,060 Property Tax Adjs based upon Current Unsecured 001-30020 165,000 3,580 168,580 current year receipts compared Supplemental Roll 001-30050 110,000 (38,820) 71,180 to the prior year Prior Year Property Taxes 001-30100 5,000 (13,210) (8,210) Misc Property Tax 001-30200 15,000 (13,230) 1,770 Interest Penalties and Deliquencies 001-30250 20,000 20,740 40,740 3,840,000 (37,880) 3,802,120 Other Taxes Sales Tax 001-31010 2,350,000 70,330 2,420,330 HDL Sales Tax Comp Fund 001-31011 766,000 120,810 886,810 New estimate from State DOF Transient Occupancy Tax 001-31200 570,000 21,000 591,000 Property Transfer Tax 001-31250 230,000 230,000 3,916,000 212,140 4,128,140 State Subventions Motor Vehicle in Lieu 001-31700 155,000 44,770 199,770 VLF-Property Tax in Lieu 001-31701 4,420,000 4,420,000 4,575,000 44,770 4,619,770 Current Service Charges Building Permit Fees 001-34110 215,700 215,700 Plumbing Permit Fees 001-34120 18,130 18,130 Electrical Permit Fees 001-34130 21,800 21,800 Mechanical Permit Fees 001-34140 14,500 14,500 Permit Issuance Fees 001-34200 34,200 34,200 Inspection Fees 001-34250 8,000 8,000 Plan Check Fees 001-34300 154,000 154,000 Plan Retention Fees 001-34350 4,000 4,000 Current Planning Fees 001-34430 55,000 55,000 Business License Fees 001-34560 15,000 15,000 Business License Delinquency Fees 001-34561 1,000 1,000 Engr-Plan Check Fee 001-34610 45,000 (20,000) 25,000 Engr-Permit Issuance Fee 001-34620 3,500 3,500 Engr-Encroachment Permit 001-34630 8,000 7,000 15,000 Engr-Inspection Fee 001-34640 20,000 20,000 Engr-Soils/Traffic/Misc Engr Fees 001-34620 50,000 (10,000) 40,000 Traffic Mitigation-Engineering 001-34660 67,000 67,000 Contract Classes 001-34780 315,000 (27,750) 287,250 1,049,830 (50,750) 999,080 Use of Money&Property Investment Revenue 001-36100 300,000 (13,890) 286,110 Lower Yields Rents and Concessions 001-36610 186,000 5,500 191,500 DB Center Rental 001-36615 615,000 (35,000) 580,000 Park&Field Rentals 001-36625 25,000 (5,000) 20,000 Decreased Park Usage 1,126,000 (48,390) 1,077,610 Transfers In-Other Funds Transfer in-Gas Tax Fund 001-39111 946,060 (101,101) 844,959 (101,101) Total General Fund Revenue Adjustment $18,789 10 ....... .... Exhibit A MID YEAR BUDGET AMENDMENT GENERAL FUND APPROPRATIONS Current Mid Yr Adjusted Description Account# Budget Amendment Budget Explanation City Council Meetings 42325 0.00 1,100.00 1,100.00 Appropriation not included in adopted budget City Manager Salary Savings 40099 (16,800.00) (16,800.00) (33,600.00) Sr.Mgmt.Analyst position City Attorney General Legal Services 44020 110,000.00 40,000.00 150,000.00 Prof Svcs-Spl legal 44023 40,000.00 40,000.00 80,000.00 Increased Code Enforcement activity and an 150,000.00 80,000.00 230,000.00 increase in the hourly rates Finance Salary Savings 40099 283,500.00 (34,642.00) 248,858.00 Salary savings from vacant Finance Director City paid benefit savings 40070 4,600.00 (702.00) 3,898.00 position Retirement savings 40080 53,600.00 (11,466.00) 42,134.00 Workers Comp savings 40083 2,450.00 (524.00) 1,926.00 STD/LTD savings 40084 1,900.00 (400.00) 1,500.00 Medicare savings 40085 4,450.00 (950.00) 3,500.00 Benefit allotment savings 40090 42,600.00 (5,400.00) 37,200.00 Professional Services 44000 1,500.00 37,620.00 39,120.00 Cost of Interim Director Salary Savings 40099 (19,850.00) (19,850.00) (39,700.00) Senior Office Specialist 374,750.00 (36,314.00) 338,436.00 Information Systems Professional Services 44000 44,900.00 5,000.00 49,900.00 PS-Data Processing Services 44030 40,840.00 1,200.00 42,040.00 Computer Equip-Hardware 46230 1,000.00 500.00 1,500.00 86,740.00 6,700.00 93,440.00 General Government Rental/Lease-Real Property 42140 763,180.00 (100,000.00) 663,180.00 Bond Interest Savings Professional Services 44000 59,800.00 (25,000.00) 34,800.00 Expected appropriation savings Professional Services 44000 135,000.00 12,659.00 147,659.00 Increased property tax admin.Fees 957,980.00 (112,341.00) 845,639.00 Economic Development Professional Services 44000 148,826.00 (50,000.00) 98,826.00 Slowdown in economy reduced the opportunities for economic development Building&Safety Contr Svcs-Bldg&Sfty 45201 239,150.00 60,850.00 300,000.00 New contractor and increase in the contract rates from commission to an hourly rate Neighborhood Improvement Printing 42110 2,000.00 (1,000.00) 1,000.00 Contract Services-Property 45214 0.00 1,000.00 1,000.00 Appropriation not included in adopted budget abatements 2,000.00 0.00 2,000.00 4,000.00 4,000.00 Community Services Admin Salary Savings 40099 (34,600.00) (34,600.00) (69,200.00) Admin Assistant-Vacancy Diamond Bar Center Miscellaneous equipment 46250 3,000.00 4,000.00 7,000.00 Warranty replacement of dance floor 11 Exhibit A MID YEAR BUDGET AMENDMENT GENERAL FUND APPROPRATIONS Current Mid Yr Adjusted Description Account# Budget Amendment Budget Explanation Park Operations Building and Grounds Maint 42210 0.00 4,000.00 4,000.00 Level infields at Peterson,Pantera Parks 4,212.00 4,212.00 Replace foul ball nets at Pantera 7,507.00 7,507.00 Material to level infields at Peterson,Pantera 2,860.00 2,860.00 Rhino gate and installation at Pantera 1,597.00 1,597.00 Materials to re-key all park buildings 20,176.00 20,176.00 Recreation CS-Community Services 45300 98,765.00 3,500.00 102,265.00 Teen night out donation from Comm.Foundation and Armed Forces banners replacement CS-Contract Classes 45320 198,960.00 (30,000.00) 168,960.00 Reduced Enrollment 297,725.00 (26,500.00) 271,225.00 Public Works Admin Salary Savings 40099 (11,000.00) (11,000.00) (22,000.00) Sr Mgt Analyst-Vacancy CS-Engineering 45221 Multi Year CIP Plan (11,000.00) (11,000.00) (22,000.00) Engineering CS-Plan Checking 45223 (15,000.00) (15,000.00) Slowdown in building activity requiring fewer plan checks than expected Road Maintenance PS-Engineering 44520 (20,000.00) (20,000.00) Transfer to Road Maintenance for purchase of Road Maintenance Supplies 41250 20,000.00 20,000.00 replacement storm drain grates Total Appropriation Change 12 Exhibit A MID YEAR FY 2010-2011 CHANGES IN CAPITAL IMPROVEMENT PROJECTS Current Project 4 Description Funding Mid Yr Adj Adj Budget 14699 Brea Cyn Cutoff@ SB 57 On/Off Ramp Developer Fees 250,000.00 (250,000.00) 0.00 General Fund Reserves* 0.00 250,000.00 250,000.00 *Project to be funded with developer fees that were deposited into the General Fund in prior years, and thus are now in reserves 23307 Sunset Crossing Traffic Calming Project Traffic Improvement Fund 45,435.00 (21,047.40) 24,387.60 Transfer to 23909 and balance to fund balance in Traffic Improvement Fund 23909 Arterial Slurry Seal-Zone 3&4 Traffic Improvement Fund 100,000.00 7,589.75 107,589.75 To replace ARRA funds 26711 Brea Cyn/Via Sorella Drainage Improvements General Fund 165,000.00 (39,000.00) 126,000.00 Funds not needed 13 Exhibit A FY 2010-2011 MID YEAR BUDGET AMENDMENT SPECIAL FUNDS CHANGES Current Mid Year Account# Budget Amendment Adj Budget Gas Tax Fund Appropriations Transfer out-General Fund 111-9915-49001 1,547,146 (101,101) 1,446,045 (101,101) Reduce transfer due to deficit from 09/10 Proposition A Fund Transit Subsidy Program Revenue 112-34850 1,000,000 200,000 1,200,000 Transit Subsidy Program 112-5553-45533 250,000 50,000 300,000 Transit Subsidy-Fares 112-5553-45535 1,000,000 200,000 1,200,000 To increase the revenues and appropriations of the transit fund to account for an increase in the cost of the City subsidy as a result of increased transit pass sales E Byrne Justice Assistance Grant(JAG) Appropriations EB Justice Assistance Revenue 129-31651 0 72,933 72,933 72,933 Amount not included in original budget(49,756), revised amount,including City of LA Admin costs(11,377),and grant awarded 8/31/2010(11,800) LLAD 41 Fund Revenue Transfer in-General Fund 141-39001 0 17,022 17,022 17,022 Anticipated deficit in LLAD 41 fund at fiscal year end CIP Fund Revenue Transfer in-General Fund 250-39601 215,000 211,000 426,000 Brea Canyon Cutoff @57 On/Off Ramp(250,000) Iess:Brea CynNia Sorella Drainage Imps(-39,000) 14 STUDY SESSION # 1 REFER TO COUNCIL CONSIDERATION AGENDA ITEM NO. 8.1 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �a 'i 1 �C �✓1 DATE: ADDRESS: VfD PHONE: CI' ORGANIZATION: AGENDA#/SUBJECT: L(a-r,.c) S'rAPF_ I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. f ; Signature This document is a public record subject to disclosure un r the Public Records Act. `arlxrunficv � V VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK r— � DATE: FROM: ADDRESS: PHONE: ORGANIZATION: I'-1 al-JM Cly= AGENDA#/SUBJEGT: � � PtN�..l@Jr1�CL.-. t;.S; �•s� .i �-i Ivw I expect to address the Council on the subject agenda/subject item. Please h.av6 the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. 1 ~ 'fffRfYIRT�j \y—f VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: C�6TE: ADDRESS: PHONE: ORGANIZATION: AGENDA#/SUBJECT: I expect to address'the Council on the'subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. 'This document is a public record subject to disclosure under the Public Records Act. Cil .. .._.—.. �t Y- .' \ �orernna<`�j VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: Z/ /zQ l 1 ADDRESS: tzVWlAA 61,0 0rzV4=LNA HONE: E4A6 3 3 ORGANIZATION: � � -Z � �% �� L L-C- AGENDA#/SUBJECT: I expect to address the Council on.the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This docuiment is a public.record subject to disclosure under the Public Records Act.