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HomeMy WebLinkAbout04/10/2012 PC AgendaFILE COPY PLANNING COMMISSION AGENDA April 10, 2012 7:00 P.M. City Hall Windmill Community Room 21810 Copley Drive Diamond Bar, CA 91765 Chairman Vice Chairman Commissioner Commissioner Commissioner Jimmy Lin Steve Nelson Frank Farago Jack Shah Tony Torng Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21810 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21810 Copley Drive, Diamond Bar, California, during normal 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 need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday; and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(LDci diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, April 10, 2012 UWA M CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2012-10 1. ROLL CALL: COMMISSIONERS: Chairman Jimmy Lin, Vice Chairman Steve Nelson, Frank Farago, Jack Shah, Tony Torng 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (completion of this form is voluntary) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: March 13, 2012. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. PL2012 43 — Under the authority of Diamond Bar Development Code Section 22.48, applicant/property owner, Che Tang, is requesting Development Review approval to construct a new 434 square foot addition to the front of an existing single family residence on a 15,760 square foot lot. The lot is zoned Low Density Residential (RL) with a consistent underlying General Plan land use designation of Low Density Residential. APRIL 10, 2012 PAGE 2 PLANNING COMMISSION AGENDA Project Address: 21927 Paint Brush Lane Property Owner/ Chen Tang Applicant: 21927 Paint Brush Lane Diamond Bar, Ca 91765 Environmental Determination: The City has determined that this project is exempt from the provisions of the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEAQ, pursuant to Article 19 under Section 15303 (e) (additions to existing structure) of the CEQA Guidelines Recommendation: Approve Development Review PL2012-43, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution 7.2 Conditional Use Permit No. PL2011-412 — Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant, Suh Ling Wang, and property owner, Robert Ko, are requesting Conditional Use Permit approval for a Buddhist Education Center for True Enlightenment. The Center will offer classes on Saturday and Sunday from 9:00 a.m. to 6:00 p.m. and office hours only Monday through Friday from 5:00 p.m. to 10 p.m. The subject property is zoned Industrial (1) with an underlying General Plan land use designation of Industrial. Project Address: 825 Lemon Avenue Property Owner: Walnut Business Park Robert Ko 20107 Covina Hills Road Covina, CA 91724 Applicant: Suh Ling Wang 1405 Bodega Way, #5 Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is exempt from the provisions of the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEAQ, pursuant to Article 19 under Section 15303 (a) (interior alterations involving such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines APRIL 10, 2012 10. PAGE 3 PLANNING COMMISSION AGENDA Recommendation: Approve Conditional Use Permit No. PL2011-412, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future protects: SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: CITY BIRTHDAY PARTY: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Thursday, April 12, 2012 - 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Saturday, April 14, 2012 11 a.m. — 5 p.m. Pantera Park, 738 Pantera Park Drive Tuesday, April 17, 2012 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, April 24; 2012 — 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Thursday, April 26, 2012 Diamond Bar City Hall Windmill Community Room 21810 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 13, 2012 CALL TO ORDER: Chairman Shah called the meeting to order at 7:00 p.m. in the City Hall Windmill Community Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Lin led the Pledge of Allegiance. 1. ADMINISTRATION OF OATH OF OFFICE FOR PLANNING COMMISSIONERS: ADMINISTERED BY TOMMYE CRIBBINS, CITY CLERK. 2. ROLL CALL: Present: Commissioners Frank. Farago, Jimmy Lin, Steve Nelson, Jack Shah and Tony Torng. Also present: Greg Gubman, Community Development Director; Brad Wohlenberg, Assistant City Attorney; Katherine Laufenburger, Senior Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Administrative Coordinator. 3. REORGANIZATION OF PLANNING COMMISSION: Selection of Chairman and Vice Chairman. Commissioner Torng nominated Commissioner Nelson to serve as Chairman. C/Shah nominated C/Lin to serve as Chairman. C/Nelson nominated C/Shah to serve as Chairman. C/Farago seconded the nomination of C/Shah. C/Shah declined nomination to serve as Chairman. C/Lin was selected to serve as Chairman of the Planning Commission by the following voice vote: C/Farago C/Lin C/Lin C/Lin C/Nelson Abstained stating he felt C/Lin would better serve as Vice Chair C/Shah C/Lin C/Torng C/Lin C/Shah nominated C/Nelson to serve as Vice Chairman. C/Torng seconded the nomination. C/Nelson was selected to serve as Vice Chairman of the Planning Commission by the following vote: MARCH 13, 2012 PAGE 2 C/Farago C/Nelson C/Lin C/Nelson C/Nelson C/Nelson C/Shah C/Nelson C/Torng C/Nelson LJI 'CL'{(' PLANNING COMMISSION 4. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 5. APPROVAL OF AGENDA: C/Shah requested that Item 7.1 be moved to immediately following Agenda Item 10.2. C/Nelson said he would recuse himself from Agenda Item 10.2. 6. CONSENT CALENDAR: 6.1 Minutes of the Regular Meeting of February 28, 2012 C/Torng moved, VC/Nelson seconded, to approve the Minutes of the Regular Meeting of February 28, 2012, as amended by Chair/Lin. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 8. NEW BUSINESS COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None 9. CONTINUED PUBLIC HEARINGS: Farago, Torng, VC/Nelson, Chair/Lin None Shah None 9.1 Development Code Amendment No. PL2011-454 — Under the authority of Diamond Bar Municipal Code Section 22.70) this was a request to amend the following sections of Title 22 of the Diamond Bar Municipal Code: 22.43; 22.10.040; 22.10.030 Table 2-5 and Table 2-6; 22.42.100; 22.38.030; 22.36.130 Table 3-14; 22.34.030; 22.42.130(g)(3)(d); 22.56.020; 22.47.020; 22.68.030(b); 22.66.050(c) and (d); 22.80.020; 22.22.080(b)(6); 22.16.060; 22.22.120; 22.20.040; 22.22.080(b)(7); 22.42,110(c); 22.42.060(2)0); 22.22.100(a). PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar MARCH 13, 2012 h@ DRAFT PAGE 3 PLANNING COMMISSION CDD/Gubman presented staff's report explaining that the Development Code has been updated and refined as needed to reflect any new adopted ordinances or to reflect any requirements of state law. From time to time issues come up as a result of the routine use of the Development Code where language may be unclear or where there may be internal conflicts within various sections of the Code. As those items are encountered, staff compiles the corrections for periodic code cleanup. At this point staff has compiled a number of minor changes that are being brought to the Commission this evening to make the document more user-friendly and in certain cases, reduce the bureaucratic hurdles that no longer provide a benefit to the community. He cited examples and discussed each of 14 minor changes of the total 16 changes (2 of which were typographical errors) that are considered under the general classification within the California Environmental Act as being exempt, and responded to Commissioner's questions and concerns. The Commission requested. that Code 22.22.100(a) be tabled for a future meeting, and directed staff to provide more information. Chair/Lin reopened the public hearing. With no one present who wished to speak on this item, Chair/Lin closed the public hearing. C/Shah moved, C/Torng seconded, to approve Development Code Amendment No. PL2011-454, based on the Findings of Fact and subject to the conditions of approval as listed within the resolution, with the exception of Code 22.22.100(a). Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 10. PUBLIC HEARINGS: Farago, Shah, Torng, VC/Nelson, Chair/Lin None None 10.1 Development Review No. PL2010-191 — Under the authority of Diamond Bar Municipal Code Section 22.48, applicant Fares Ennabe, requested approval to demolish an existing single family residence and construct a new 12,890 square foot single family residence on a 2.36 gross acre a �� F MARCH 13, 2012 PAGE 4 PLANNING COMMISSION (103,672.8 square feet) lot. The lot is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: APPLICANT: 1524 Derringer Lane Diamond Bar, CA 91765 Fares Ennabe 1524 Derringer Lane Diamond bar. CA 91765 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review PL2010-191, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Christine Lee stated that this lot is 1 '/� acres and the house is 21 percent of the total lot coverage so there is still a lot of landscape area allowed, most of which will be retained as natural landscape along the street edge. Some of the improvements will be on the existing pad for the enjoyment of the client in the area of the pool and cabana located toward the rear of the lot so there would be no adverse public impact. She asked that the Planning Commission approve the project. C/Shah asked if the demolished materials would be hauled away from the site or reused for filling the area. Ms. Lee said she believed the impact to the ground would be minimal except for the excavation of the pool and the soil excavated from the pool will be used for the landscape area. C/Shah said he was concerned about the demolished material and in particular, the concrete as to whether it would be reused or removed from the site. Mr. Ennabe said he felt the project would be a very good improvement for "The Country Estates" which was approved by the architectural committee. Chair/Lin opened the public hearing. With no one present who wished to speak on the matter, Chair/Lin closed the public hearing. C/Farago asked if the City had a construction and demolition waste requirement for recycling and CDD/Gubman responded yes, and the demolition permit will be processed with the City's Solid Waste MARCH 13, 2012 PAGE 5 PLANNING COMMISSION Coordinator. In addition to the SCAQMD permits, the City is required to divert as much demolition material from the landfills as possible. C/Farago moved, C/Torng seconded, to approve Development Review No. PL2010-191, 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: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None VC/Nelson stated that the reason for recusal on the next item is that he works for a company that has a contract with Lewis Companies. VC/Nelson recused himself from participation in Item 10.2 and left the meeting room.. 10.2 Development Agreement Amendment No. PL2011-57- Under the authority of Diamond Bar Municipal Code Section 22.62, the applicant and property owner, JCCL South Pointe West, LLC requested approval to extend the expiration date of the existing development agreement between the City of Diamond Bar and JCCL-South Pointe West, LLC. South Pointe West is a 99 unit single family residential condominium project comprised of approximately 34.52 acres generally located south of Larkstone Drive, east of Morning Sun Avenue, and West of Brea Canyon Road. The original development agreement was approved by the City Council on March 20, 2007, and went into effect on April 19, 2007, and is set to expire on April 19, 2012. The proposed amendment extends the Development Agreement by another five (5) years to April 19, 2017. PROJECT ADDRESS: The project site is located south of Larkstone Drive, east of Morning Sun Avenue, West of Brea Canyon Road and northwest of Peaceful Hills Road Diamond Bar, CA 91765 PROPERTY OWNER/ JCCL-South Pointe West, LLC APPLICANT: 1156 N. Mountain Avenue Upland, CA 91785 CDD/Gubman gave a brief presentation on the history of the Tract Map and Development Agreement which remain unchanged. SP/Laufenburger presented staff's report, responded to Commissioner's questions and �D Ra G, F 71 MARCH 13, 2012 PAGE 6 PLANNING COMMISSION recommended Planning Commission approval for the time extension of Development Agreement Amendment No. PL2011-57, and in addition, the removal of Section 4.4.1.2 from the Agreement, which requires the developer place $500,000 into an escrow account after the 49th dwelling is occupied, which is unlikely to result in any benefit to the City, and based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution,. Omar Dandashi, Vice President, Lewis Operating Corporation, speaking on behalf of JCCL-South Pointe West, LLC, said he was present to answer Commissioner's questions and concerns. C/Torng asked when Mr. Dandashi felt this project could be completed. Mr. Dandashi said it was somewhat unpredictable. The market is stabilizing in 2012 and is tough to predict but feels that within the timeframe requested, there will be definite development. Chair/Lin opened the public hearing Kingdon Chew, 20447 Tam Oshanter Drive, Rowland Heights, representing Walnut and Rowland Heights residents and the Royal Vista Golf Course community, opposes the project but understands the project is in Diamond Bar's jurisdiction. In the likelihood that this extension is approved, the community members ask that this agreement made in 2007 be fully honored between Rowland Heights, Walnut, Diamond Bar and the developer, and in particular, the agreement involving the emergency egress onto Morning Star because the immediate area has no sidewalks with some exception and the area sees much more foot traffic including joggers, seniors, caregivers, retirees, children and boomerang kids and their respective families as well as, those walking their dogs. In addition, the community would like to have another EIR and geological survey analysis done to reflect current circumstances and to include the impact variable of the future eastbound SR60 ingress/egress on Lemon Avenue. Beth Hojnacke, President, Rowland Heights Community Coordinating Council, asked if the Commission could notify the City of Rowland Heights when anticipating discussion on projects that abut Rowland Heights. Chair/Lin closed the public hearing. C/Shah asked staff to comment on the speaker's concerns regarding a secondary access for the South Pointe West project that connects to Morning Sun Avenue. Although this hearing process occurred before he MARCH 13, 2012 ...i i'•"�' �:-nth !j PAGE 7 PLANNING COMMISSION came on board, CDD/Gubman said that when this project was first brought to the City there were concerns about this becoming a full access point into the project and the potential impacts to the existing neighborhood of having the traffic coming through that point. To ensure that emergency access is still provided into the project the agreement was that that access would be gated and it would be accessible for emergency ingress/egress only. As a result, the residents of this community would be required to enter and exit the project at Larkstone Drive and not through the existing neighborhood of Rowland Heights which is an adopted plan condition. Chair/Lin said that ordinarily there is a time limit on the EIR. ACA/Wohlenberg responded that there is no strict time limit on the EIR. It depends on whether the analysis in the EIR applies to the project as proposed. Sometimes people talk about the "five year rule" which is actually the five-year rule of thumb. Staff is not recommending a review of the environmental document. This is the development agreement. The project is the same and staff expects that the impacts have not significantly changed and this time -extension should not make a material impact in the environmental review. CDD/Gubman stated that staff looked at the EIR that was certified for this project and looked to see if there was any change in circumstances or information that would lead to a re- evaluation of the EIR in further detail. Staff found there were no changes in circumstances or new information that would lead to such a conclusion. There is new CEQA legislation that applies to greenhouse gas emissions and when an EIR is done it must consider global warming impacts. This project, because it is only 99 units and they are essentially detached townhomes, the number of units will not reach the threshold for conducting a greenhouse gas emissions analysis. Therefore, staff concluded that the EIR remains adequate to allow this project to go forward. C/Shah asked if the City was required to place a memo to the file to that effect and CDD/Gubman responded that staff memorialized this in the resolution and the ordinance that will adopt the extension of the Development Agreement. C/Shah moved, C[Torng seconded, to approve Development Agreement Amendment No. PL2011-57, 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: n MARCH 13, 2012 PAGE 8 PLANNING COMMISSION AYES: COMMISSIONERS: Farago, Shah, Torng, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Nelson . VC/Nelson returned to the dais. C/Shah welcomed C/Farago and congratulated Chair/Lin and VC/Nelson on their appointments. C/Shah recused himself from Agenda Item 7.1 and left the meeting stating his recusal was because he knows the applicant quite well and is his friend. 7. OLD BUSINESS: 7.1 Revision to Development Review No. 2006-38 and Minor Variance No 2007-06 (Planning Case No. PL2011-387) — Resolution denying the requested revisions as directed by the Planning Commission at its February 28, 2012, regular meeting. PROJECT ADDRESS: PROPERTY OWNER: 22909 Ridge Line Road Diamond Bar, CA 91765 Paul Ghotra 1241 S. Grand Avenue Diamond Bar, CA 91765 APPLICANTS: Pete Volbeda 180 N. Benson Avenue, Suite D Upland, CA 91786 and Sam Bhogal 23415 Pleasant Meadow Diamond Bar, CA 91765 CDD/Gubman reported that the public hearing on this item was closed on February 28 with direction to staff to prepare a Resolution for Denial for consideration this evening. Of the six mandated findings to render a decision on the development review proposal, the consensus was that all but the second and fifth findings would hold with the proposed changes. However, the second and fifth finding would no longer be affirmative, but be negative findings, and because all six findings must be made in the affirmative to approve a Development Review request, the project must be denied. Based on the deliberations and direction of the Commission, staff ul r WW 61MWTiKW17�E PAGE 9 PLANNING COMMISSION prepared the Resolution which is attached to tonight's agenda item and crafted the second and fifth finding to reflect what staff believes were the Commission's conclusions about how these findings cannot be made. As a result, he focused his discussion on Finding B and E and recited the new findings and support of those findings. ACANVohlenberg reiterated the reasons there would be no further opportunity for public testimony on this item. ACA/Wohlenberg further stated that although Commissioner Farago was not yet officially a member of the Planning Commission he was present for the entirety of the hearing on this matter and has read the materials that are on the record. The City Attorney has stated that based upon this information, Commissioner Farago can and may participate and vote on this matter. C/Farago affirmed that he was in attendance at the February 28, 2012, Planning Commission hearing on this matter and read all materials associated with the project. In addition, he visited the site on March 11, 2012. ACA/VVohlenberg advised the Commission on its voting procedure and confirmed to Chair/Lin that any decision of the Planning Commission can be appealed to the City Council. VC/Nelson moved, C/Torng seconded, to deny Planning Case No. PL2011-387 and adopted the Resolution of Denial. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS Farago, Torng, VC/Nelson, Chair/Lin None Shah 11. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Farago thanked his colleagues and staff for their warm welcome upon the occasion of his joining this Commission. C/Torng welcomed C/Farago and congratulated Chair/Lin and VC/Nelson on their appointments. He said he looked forward to a good year for the Planning Commission and thanked staff for their efforts this evening. Chair/Lin welcomed C/Farago. i MARCH 13, 2012 PAGE 10 PLANNING COMMISSION 12. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman stated there will not be a Planning Commission meeting on March 27. The next meeting will be April 10, 2012. 12.1 Public Hearinq dates for future projects. 13. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission Chairman Linn adjourned the regular meeting at 9:17 p.m. to April 10, 2012. The foregoing minutes are hereby approved this 10th day of April, 2012. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jimmy Lin, Chairman PLANING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21810 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL. (909) 839-7030 -FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.1 MEETING DATE: April 10, 2012 CASE/FILE NUMBER: Development Review and Minor Conditional Use Permit No. PL2012-43 PROJECT LOCATION: 21927 Paintbrush Lane, Diamond Bar, CA 91765 (APN 8713-002-027) PROPERTY OWNER: Che Tang 21927 Paintbrush Lane Diamond Bar, CA 91765 APPLICANT: Same as above Summary The applicant is requesting Development Review (DR) approval to construct a 434 square foot room addition to the front and southwest side of an existing two-story 2,751 square foot single family residence. A Minor Conditional Use Permit (MCUP) is also requested to maintain an existing nonconforming distance of thirteen (13) feet between the subject residence and the neighboring house to the north (15' is required). The proposed addition will be located on the front of the residence (at the southwest corner) and will provide for a new living room and office. The new addition to the living room will have a two-story volume with large windows and cathedral ceilings. . After evaluating the application, staff finds that the proposed project complies with the City's development standards, and believes that the required DR and MCUP findings set forth in the Development Code can be made in the affirmative. Therefore, staff recommends that the Planning Commission approve Development Review No. PL2012-43, based on the findings of fact, and subject to the conditions of approval contained in the attached Resolution. BACKGROUND: Site Description: The project site is a 15,260 square foot (0.36 acre) flag lot located at the end of a cul-de-sac on Paint Brush Lane. In 1977, the property was developed under Los Angeles County standards with a 2,751 square -foot, two-story home. The new addition is proposed on the front of the exiting residence. The property is legally described as Lot 10 of Tract No. 31151, and the Assessor's Parcel Number (APN) is 8292-016-049. Project Description The applicant requests approval to construct a new 434 square foot room addition to the front and southwest side of the existing residence. The new addition will result in a new living room and the addition of an office to the first floor. The living room area will be two stories in height (open volume) and the office will be one story in height. In conjunction with the new addition, the applicant plans to remodel the interior of both the first and second floor, including the remodeling of all three bathrooms and the kitchen, and reducing the residence from a four (4) to three (3) bedroom house. The remodel will not result in any exterior changes other that the installation of two new windows at the second story over the garage. Single family residential homes in the Low Density Residential (RL) zone are required to have a side yard minimum between adjacent structures of 15 feet. The existing building is nonconforming due to an existing adjacent structure that is only 13 feet away. The new addition is not located on the same side as the non -conforming side yard. Site and Surrounding General Plan, Zoning and Land Uses Development Review No. PL 2012-43 Page 2 of 7 DesignationGeneral Plan Zoning District Land Use Site Low Density Residential RL Single -Family Residential North Low Density Residential RL Single -Family Residential South Low/Medium Density RLM Single -Family Residential. Residential East Low Density RL Single -Family Residential Residential West Low/Medium Density RLM Single -Family Residential Residential Development Review No. PL 2012-43 Page 2 of 7 ANALYSIS: Review Authoritv rDiamond Bar Municipal Code (DBMC) Chapters 22.48 and 22.56 The addition to a residence which results in a change to the front elevation requires Planning Commission approval of a Development Review (DR) application. Changes to an existing nonconforming structure require the approval of a'Minor Conditional Use Permit (MCUP) by the Hearing Officer. Because the DR application requires approval by the Planning Commission, the Planning Commission is reviewing the MCUP application concurrently. The MCUP and a DR review process were established to ensure compliance with the City's General Plan policies, Development Standards, and Design Guidelines to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. Development Review The following table compares the proposed project with the City's development standards for residential development in the RL zone: Development Review No. PL 2012-43 Page 3 of 7 .. 20 feet 86 feet 86 feet Yes 5 feet on one side and 7 feet north side 7 feet— north side .. 10 feet on the other 17'-6%" south side 10 feet— south side Yes side. 15 feet 13'-0"— north side 13'-0"— north side No' 37'-6'/z' — south side 30'-0" south side .. 20 feet 46 feet 46 feet Yes • Maximum of 30% 12.6% 18.6% Yes 35 feet 23'-2%" 23'-2%" Yes 2 -car garage 2 car garage 2 car garage Yes *Minor Conditional Use Permit is requested to allow the continuation of an existing nonconrormmg structure. Site and Grading Configuration: The site is on an existing graded building pad and no grading is required. Landscaping: A landscape plan is not required for the project because the addition is in an area already developed and will not have a negative impact on the yard. However, if landscaping is damaged during construction, it will be required to be restored upon project completion as indicated in the conditions of approval. Elevations: The existing architectural style is a 1970s tract home with Dutch gabled roofs, asphalt shingles, stucco, and wood and stone siding. The new addition will result in a gable roof at the front elevation with large glass windows and exposed rafter tails resulting in a more contemporary look to the existing residence. The existing front porch will be removed to allow for the new room addition, and the existing wood siding and stone work will be removed and replaced with stucco to match the existing exterior walls. New windows will be installed and are required to match all existing windows in color and material. Development Review No. PL 2012-43 Page 4 of 7 Minor Conditional Use Permit An MCUP is required because of an existing nonconforming separation between structures on adjacent parcels. Current development standards require a separation of 15 feet between structures on adjacent parcels. Currently, the separation between the subject project and the adjacent structure to the north is 13 feet. The City recognizes that property owners should be allowed to have an addition or make improvements to their properties, even with nonconformities. Therefore, the City has established the MCUP process for such additions, subject to the findings set forth in the Development Code. Staff believes that approving the MCUP as described above is appropriate and compatible with other residences in the neighborhood, based on the following facts and observations: The existing dwelling was built in 1977, prior to the incorporation of the City of Diamond Bar; Development Review No. PL 2012-43 Page 5 of 7 • The proposed addition is located at the southwest corner of the residence and will maintain and not further encroach into the existing nonconforming side setback of 13 feet on the north side; and • By maintaining the existing nonconforming setback, the proposed project is consistent with other homes within the neighborhood. Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The project will not negatively affect the existing surrounding land uses, and the design and appearance of the proposed addition is compatible with the surrounding community. The project is designed to be compatible and complementary to the neighborhood, and incorporates the principles of the City's Residential Design Guidelines as follows: • The addition accentuates the simplicity of the line and form of the existing residence and provides a restrained and understated elegance as opposed to the overly ornate. • The addition will conform with all setback requirements, which is consistent with other homes in the neighborhood; and • The addition will be visually integrated with the existing home by using matching colors and building materials. Additional Review The Public Works Department and Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: On March 30, 2011, public hearing notices were mailed to property owners within a 1,000 - foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the notice was posted at the City's three designated community posting sites. Public Comments Received At the time the staff report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Development Review No. PL 2012-43 Page 6 of 7 Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(e.2.b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) approving Development Review No. PL 2010-191 based on the findings in DBMC Sections 22.48, subject to conditions of approval as listed within the draft resolution. Prepared by: Reviewed by: Katherine Laufenburger Greg Gubman Senior Planner Community Development Director Attachments: 1. Draft Resolution No. 2012 -XX and Standard Conditions of Approval 2. Site Plan, Floor Plans, and Elevations Development Review No. PL 2012-43 Page 7 of 7 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2012 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW NO. PL 2012-43 TO CONSTRUCT A NEW 434 SQUARE FOOT ROOM ADDITION, ON A 0.36 GROSS ACRE 15,760 SQUARE -FOOT (0.36 GROSS ACRE) LOT LOCATED AT 21927 PAINT BRUSH LANE, DIAMOND BAR, CA 91765 (APN 8292-016-049). A. RECITALS 1. The property owner Che Tang has filed an application for Minor Conditional Use Permit and Development Review No. PL 2012-43 to construct a new 434 square -foot room addition to the front of an existing two-story single family home located at 21927 Paint Brush Lane, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this resolution, the subject Development Review shall collectively be referred to as the "Project." 2. The subject property is made up of one parcel totaling 15,760 square feet (0.36 gross acres). It is located in the Low Density Residential (RL) zone with an underlying General Plan land use designation of Low Density Residential. 3. The legal description of the subject property is Tract 31151 Lot 10. The Assessor's Parcel Number is 8292-016-049. 4. On March 30, 2012, 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 1,000 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on March 30, 2012. In addition to the published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations within the project vicinity. 5. On April 10, 2012, the Planning Commission oftheCity 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 Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19 Section 15301(e.2.b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. No further environmental review is required. 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, this Planning Commission hereby finds as follows: Development Review Findings (DBMC Section 22.48.040) 1. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and 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 design and layout of the proposed 434 square -foot room addition is consistent with the City's General Plan, City Design Guidelines and development standards. The proposed addition will result in an update to the facade of the existing residence and will be consistent with the existingcolors and materials. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 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 room addition to the existing residence will not interfere with the use and enjoyment of neighboring existing or future developments site is an existing residence in an established neighborhood.. The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single- family home because it is an addition to an existing residence and complies with the requirements for driveway widths and grades. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance 2 Development Review No. PL2012A3 the harmonious, orderly and attractive development contemplated by Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan; The new room addition is designed to be compatible with the character of the existing residence and surround neighborhood. 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, color, and will remain aesthetically appealing; The design of the new room addition maintains the existing architecture of the 1970's tract home while improving and updating the facade of the residence, and maintaining the existing building materials, and landscaping. 5. The proposed development will not be detrimental to 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 Los Angeles County Fire Department requirements. Through the permit and inspection process, the referenced agencies 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 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set. forth under Article 19 Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. Minor Conditional Use Permit Findings (DBMC Section 22.56.040 7. The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; The existing single-family dwelling is a permitted use in the RL zone. The existing side yard separation between structures of 13 feet renders the project nonconforming. The addition to a nonconforming structure requires approval of a Minor Conditional Use Permit. The proposed 434 square -foot 3 Development Review No. PL2012-43 addition complies with all development standards of the RL zone including setbacks, height and floor area. The proposed use is consistent with the general plan and any applicable specific plan; The proposed addition to a single-family residence is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. 9. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The existing single-family dwelling and the proposed 434 square -foot addition is consistent with the development standards for the site and the surrounding neighborhood. The design of the proposed addition is compatible with the neighborhood through the use of similar architectural features. 10. 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; and The subject site is physically suitable for the existing single-family residential dwelling, and the proposed addition. The existing and proposed use of land is consistent with the surrounding land uses. The proposed addition is consistent with the development standards for the RL zone. 11. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and The granting of the Minor Conditional Use Permit will allow the continuation of a nonconforming building separation, permitting an addition to the existing single-family dwelling in a manner similar with existing dwelling units located in the surrounding neighborhood. The proposed addition to the residence and will not negatively impact the public interest, health, safety convenience or welfare. Prior to 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 Department. 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, and materially injurious to the properties or improvements in the vicinity. 12. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 4 Development Review No. PL2012-45 The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. 1. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 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 the property owner, CheTang, 21927 Paint Brush Lane Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 13th DAY OF MARCH 2012, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 0 Planning Commission Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 13th day of March, 2012, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 Development Review No. PL201243 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review, No. PL 2010-191 SUBJECT: To construct a new 12,890 square -foot single family residence with an attached 1,318 square -foot five -car garage on a 2.36 gross acre (102,801guare-foot) lot. PROPERTY Fares Ennabe OWNER(S): 1524 Derringer Lane Diamond Bar, CA 91765 APPLICANT: Peter W. Douglas Fung 1008 S. Baldwin Ave. #B Arcadia, CA 91007 LOCATION: 1524 Derringer Lane, Diamond Bar, CA 91765 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 Development Review No. PL 2010-191 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. 7 Development Review No. PL2012-43 (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 No. PL 2010-191, 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 a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2012-07, 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. 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. 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 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, and roof plans, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The property owner/applicant shall remove the public hearing notice board within three 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. 8 Development Review No. PL2012-43 B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), 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 No. PL 2010-191 expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section (DBMC) 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1: The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached referenced as site plans, floor plans, architectural elevations, and landscape plans on file with the Planning Division, the conditions contained herein, and the 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 by the property owners/occupant. 5. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. 9 Development Review No. PL2012-43 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 1. An Erosion Control Plan shall be submitted concurrently with a drainage plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. 2. 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 used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. 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. C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site 10 Development Review No. FL2012A3 drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. D. OFF-SITE STREET IMPROVEMENTS (Not required) E. UTILITIES 1. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK 1. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City. Sewer plans shall be submitted for review and approval by the City Building and Safety Division. G. TRAFFIC MITIGATIONS (Not Required) 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., 2010 California Building Code, California Plumbing Code, California Mechanical Code, and the California 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 California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or work has discontinued and not been signed -off on the job card by the building inspector. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. — Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. The project shall be protected by a construction fence to the satisfaction of the Building Official. 6. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 7. Existing fencing shall remain in-placeduring construction including pool barrier fencing. Any alteration of the fencing may result in a discontinuation of construction until the fences are returned to its original state. 11 Development Review No. PL2012-43 8. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 9. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 10. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 11. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 119 and 150(k). 12. Prior to Building permit issuance, all school district fees must be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 13. Indicate all easements on the site plan. 14. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 15. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 16. Specify location of tempered glass as required by code. 17. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 18. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 19. AQMD notification is required at least 10 days prior to any demolition. 20. All workers on the job shall be covered by workmens compensation insurance under a licensed general contractor. 21. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 22. Footing depths shall be at least 24" embedment for exterior and 18" for interior with 2#4 top and bottom unless a soils report states otherwise. 23. Temporary shoring shall be provided until structural support is provided for the second floor structure. 12 Development Review No. PL2012-43 24. An interior shear wall or steel column design is required which includes the appropriate lower value for steel cantilever columns where applicable. 25. Glass railings shall be designed with a factor of safety of 4 with support on all 4 sides. 26. The interior alteration area shall be clearly labeled on plans including a breakdown on the first sheet of plans and the permit application consistent. 27. Structural observation is required for foundation, frame, and shear END 13 Development Review No. PL2012-43 ®Ynnd: eruYx bMmew beromagend pldw ermg®4lrxvtY h etturrbgln k. tk pW'<br ,WUR66tttuu rheY r^^ untie Pimmd 6y 1M end em M1.tYkM Ore other neer a 14e p"�. ePnle pJhxeY hr Ibt tanrntbrhvmtl,t xerXemb Ibtoyrlde k aNerN 101tde.4.ed.m.rmt m� 1dee11y, g 4mN Hort[ 4mnq, Mt ees u.tu.lYwr6n17 n.t 4teb Yme xotW nhlk h4mldt¢A114m title —YY —A—Iu eNht mred 1M1. —A-1bt r4lt 6eupd.doe. 11 .m, 1hel to 1 he ®ed,xgtu tl]mr141nQernoQrmnn rt=von.DY.mDt w or vn1 nru. BUST MOE EAeT 18T PLR. MID GARAGE=1511 AOdTON 16IFLOGN=13! TM& COVERAGE= 2D26 LOT SIZE- 15,]8 TOTAL LOTC0VER43& 12a% 036 M"NG PPftftOO��AADE HOU9E SRtEET NUMBER Mfl&EAND LEGIBLE FltaAlB CURB SITE PLAN 1/16 in = 1 ft EwsnNa Poo A HOUSE a. Gross lot size = 15,760 sq It b. Net Lot size = 10,871 sq It ( gross lot size minus slope) c. (E) Livable ares = 2,268 sq R d. (E) Garage = 483 sq It e. (E) Lot coverage = (1590) / "10,871"= 14.6% I. New addition= 434 sq It g. tat level new addition = "434" sq it h. 2nd level new addition = 0 aq It I. (N) Livable area = 2268 +"434" = 2,702 aq R j. (E) Garage = 483 aq ft k. (N) Lot coverage= (1107+483+"434")=2,024 /"10,871"=18.6% 1. (E) Architectural style is" California tract, stucco, Stone, Siding" m.(N) Architectural style is " California tract, Stucco" n. (E) Height = 23'-2" a. (N) Height= 23'-2" ATTACHMENT 2 PAGE A.2.0 3 of 17 R- ---------- --------- -------- ---- I \ -- IEI wIPi,gm lE1wa,,,� IEl anm, gM 1E,wi696 --- � IFI WI6P5@W IFl]MM9gM o--- LI \ I \.I Existing 2nd Floor 114 in = 1 ft EXISTING ELEVATION ------------------ \ / I I I I r� \\ CEIIL97f/B' FIR. ELEV. 107 bH• 127saft \ FLR ELEV 10)1A' �mNcwMaMly /f ------------------ --- --------- Ifl]fWPsgpTemrtwt IFI g3,P6g6T IE11m,P3MW aNa IE)WIWSg90' - I $ CEIL9)• I ux,nm S FLF. ELEV.O' 13) N I I I a I I I L ---__J I I I I" I I II IFI,IP6e I I I . M,b,P FAMILY IFl alae r ---55 I HALL m C L.97IA" HF. ELEV. 10,W ---- q "cu (EIm,E IE11taB --------------r WmCT I I I I I a I cu CELL97" FLR ELEV. 0' _ N y I 320&0x I I I ` I � I I Meemom� ELE9OO • ® oir MASTEF DDRM I I CEIL971A' I I FLR EIEVf0) fA" JEe3 rt I I r\ II M FLRE'AR ., igOHA' . o` \ 2 � E)W.I.PMIXO Z N 3 IFI WI6P5@W IFl]MM9gM o--- LI \ I \.I Existing 2nd Floor 114 in = 1 ft EXISTING ELEVATION ------------------ I I � PnTwcwMe I I I I r� I I I �mNcwMaMly ------------------ --- --------- Ifl]fWPsgpTemrtwt IFI g3,P6g6T IE11m,P3MW aNa IE)WIWSg90' Existing 1st Floor 114 in = 1 ft PAGE E.1.0 2 O,17 - NDON KITCHEN I CEIL.9T CEIL90' $ CEIL9)• FL= 0' i FLR. ELE�. O" I Wtl, r`fEll tl II � FLF. ELEV.O' 13) N L ---__J FAMILY W CELL97" FLR ELEV. 0' IU aKegb N 320&0x I b 2 � E)W.I.PMIXO Z N 3 3 _ MAINuwxc ELEV 0" J1 x IFlxaa ENTRY L9)' § VR FLR, ELEV. 19" a ® 09 tt i IAUMDR CE L9)" g FLR. ft O• H rt \ I 1O\ - 8 Fm 1 ,6g,3 I a I n � IFISJl6 IPm. ®d,,.w Y /1 I I \\ I I I I I I I \ I / I I II ItElcoxcwuxWAv I I I GARAGE_ I // I I II I I I I I I cEiuoa I / I I II I I I FLR. ELEV.-8" I Ie66 rt j m — I I r�--------------- I I r I I n I I I I I I I I I II II 1 I POLW I cE1L VA I I I rr--------------� FLR.+LE rtN)A tF II -----------------I \ Existing 1st Floor 114 in = 1 ft PAGE E.1.0 2 O,17 if actual agsea1ffiIstletl Eyy.NeIAmJMepn Ronal Sla�rl NSYMe skntlard. a 112.19.2. H. and S. Code, Seciian 17921.3.(8). STAIRS REQUIREMENTS 1. Porches, balconies or ni floor surfal located mom than 30' above Me tear or gentle below &hall have Wnlle not lees than 42' Ni measured vertically W. -T. the nosing of tha treads. Required guardrails shall have ouch M9e4'tllemekr.phmcannot psee Mmugh.Thetrlangukropuueningafo dby Bledeer, sdlrwanymaytim d such a ze Matt sphere 4 firelameter soonot pees through. 2. Sol maximum Hear height le 7 314' and minimum tread depth le 10'. Stands having more Man 3 risen reV Ins a handrail. Handnik are mqulmtlto be 34' 8" In II eight above Me nosing d the treads and shall be ccntheel Me full length 0 the talc E xis hall slips rete tl a hall l inet�M n we P. i Pr aa�ety terminak. T�. addPcap Par�en W the �iantlrall shall be not leas Man 1 114' nor more than 2 618' In eroeaaaeectlon dimension, or Me alp ceshell provide an quNaknt grlppin9 surface. R shalthave a smooth surface with no sharp comer. The minimum headroom clearance Is 6 -4 - measure tram Me nosing orthe treads. The minimum stairway width is 3', except 30' is acceptable d another stairway 3' elle Is proll ham the floor. (CBC) 3. Winding stain are required to ban a minimum Width oftrmtl net les. ttlan 6- and at bast 9' at a point 12' from the aide where .hall have wall& wen 618" gypsum BATHROOMS 1. The center line of water al l shall be not lass than 15" from adjacent walivi aNtions or 12" from a tub. A minimum 24" cearance is required in front of water dwek. 2. Strower wmpartments shall have at least 1,024 sq. in. of floor area and be of sufficient size to encompass a arcle with a diameter not less than 30'. 3. The wall area above bullNn tubs having shower heads and In shower compaltemnts shall be finished with a smooth, hard and non-absorbent surface to a height of not less than 7' above the floor If gypsum board is used as a base or backer board for adhesive application of file or similar material, it shall be a type manufactured for that use. 4. Bathrooms and water closets rooms shall he earned with glazing not less than 3 sq. It. f 2 of which must be operable, or a mechanical ventilation system. Ventilation shall be intermittent--50cOn. For rooms larger than 75 sq.R, the intermittent ventilation shall proWde 5 air �haaguie. r hour, Varnished shall be exhausted directly to e n THE MANUPO WINDOWS SHALL HAVEA LABEL ATTACHED CERTIFIED BYTHE NATIONAL FENESTRATION RATING COUNCIL (NFRC)AND SHOWING COMPLIANCE WITH THE ENERGY CALCULATIONS RELOCATED AND NEW IN EXISTING WINDOWS TO COMPLY WITH AND BEAR THE LABEL OF THE ENERGY STANDARDS OF D.40 U -VALUE & S.H.G.C. OF 0.35 MIN. OR AS PER ENERGYCALCS Cloth backed, dud tape Is no longer p rinided to be used as Ben sole wrrtrecgonfor machanical Nichol DW tape. as a miNmum, meeting Bis requirements of UL 181, 181 A, or 181 B. shag be wed or addi Tonal ductal attachment devicessuch as Us waps or ma.fie all be requidedfor instaglg mechanical ducting. or 1. deause aRPRW1Y �vnxosTEs Remodeled 1st Floor 1/4 in = 1 ft 7'-10" -1 3'-3 RAGE A.3.0 4 DEW / 1 lE7 NRRx In.. n.. _ L9I" FLF. ELEY a" __'�- Ndal¢x_m flM. 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RM.AREAATIas F I ' WdeM1e-li ewnzu,ppa,�lrvi ]SIORYC TIEOPAA roll rnXCR -leu e" sisal a Jrrs.orud W 1M e,Me w.vae.Rn Mw NM•r,....m"iozi�a Toon I"we"o.."ipso Ixl ensues rnrXerT eEsrEu 7, ZR— camels va xw TooaP.vraeoWvPf1 lw oi ` 'ce tYrAX%IGyXA Ta aw, X LEE . IwwT.'.xed RWuxYa F. -------------- Iwswwn M+se. w F I V I -- -- --- imp or 1. deause aRPRW1Y �vnxosTEs Remodeled 1st Floor 1/4 in = 1 ft 7'-10" -1 3'-3 RAGE A.3.0 4 DEW / NF\A/ RFmnp:PiNir: r1F PP:RAr)np:i Pn GRr)KIT NEW RENDERING OF REMODELED FRONT e',- Remodeled 2nd Floor 114 in = 1 ft PACE A.3.1 5 of 17 11'-212" 11'-2112" 1V-1012" 3'-0" 6-1" 13'-1012" 6-0' 2'3" p15mePs{p PS Mm' ixlzcsoxs®m. mnsgev x Rs®m-I� � 10v a New Metic BNm - Metlfoom3 v_ V/ OxR I CEILW frE' CEIL9H/9" 1 FLF. ELEV. 10]1/8' �xliae=_ FLR ELEV fO)1/B" RM.AREA36] ff RM. AREAff6s 0 New Retlroo� ELLS] 1/B ELEV, 10719" 3' fi RM. AREA 176 h RM. N � 1 N oil oil I� I 1X zee II all � II � __ ttVR BGL � I I � II um w PixoP.i R I I aLcxwm Exwrw SM E 3 � FKf WWWN = F Mew Ronu¢Rm. F p CEILB]1M" b — FLB EIEVfiH' RM. AREA 4227 11] X B OIVIWBB m 20--11 1q4 € • remB.ais I j - Pwu B.zxwx g a z ERT TO BE XIPOIBP9 pm' R1 e0�xP5@so'I RMER 6'R• I II I I II II I I II mom' I OPEN BELO F�EM�Bn P1roE FRI I FLREELEV, O' I I RM.ARFA P6s 11 II 2. II I cfiuva� I I zuafuo Eeww I I wO0145w I _rwuLl I _II II foPBrPoxrfwc II I II fwE wMmvre I I = I I I I I I I � 11'-912" 5'd 12" __ 3'-612" 192112' 39'-f0 12" Remodeled 2nd Floor 114 in = 1 ft PACE A.3.1 5 of 17 LEFT ELEVATION 114" REAR ELEVATION 114" RIGHT ELEVATION 114" PAGE A.4.0 6 of 17 PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.2 MEETING DATE: April 10, 2012 CASE/FILE NUMBER: Conditional Use Permit No. PL 2011-412 PROJECT LOCATION: 825 S. Lemon Avenue #A10, Diamond Bar, CA (APNs 8760-014-001 8760-014-014, 8760-014- 015) PROPERTY OWNER: Walnut Business Park, Robert Ko, 20107 Covina Hills Rd. Covina, CA 91724 APPLICANT: The Buddhist Education Center for True Enlightenment — LA Division represented by Suh Ling Wang, 1405 Bodega Way #5, Diamond Bar, CA 91765 Summary The applicant is requesting a Conditional Use Permit CUP to allow a place of religious assembly within an existing, currently vacant, business park tenant space. The subject property is zoned Industrial (1). The proposed establishment is known as the Buddhist Education Center for True Enlightenment, L.A. Division (BECTE-LA); and is currently based in Industry. The proposed use includes the following components: office hours Monday through Friday from 5:00 p.m. to 10:00 p.m.; three classes on Saturdays; and ceremonies once a month on Sundays. The applicant would like to establish a religious education center to provide education as well as proper guidance for participating members. The center proposes to have office hours Monday through Friday from 5:00 p.m. to 10:00 p.m., provide three classes on Saturday, and hold a ceremony once a month on Sunday. After evaluating the application, staff finds that the proposed Conditional Use Permit application complies with the City's development standards, and believes that the required CUP findings set forth in the Development Code can be made in the affirmative. Therefore, staff recommends that the Planning Commission approve Conditional Use Permit No. PL2011-412, subject to the conditions of approval contained in the attached Resolution. BACKGROUND: Site Description BECTE-LA proposes to locate within the Walnut Business Park, at the northwest corner of Lemon Avenue and Walnut Avenue. The business park was developed in 1987 under Los Angeles County standards. The 8.03 -acre site is comprised of three parcels of land developed with three buildings totaling 165,706 square feet. The business park includes retail uses, professional offices, wholesalers and manufacturing uses. The proposed location for the requested use is within a first -floor, 3,867 square -foot lease space within a 56,872 square -foot two-story building. Project Description BECTE-LA is a not for profit organization whose mission is to promote awareness and practice of true Buddhism to the general public through education, cultivation, charity activities and community involvement. BECTE-LA provides weekly classes and meditation practices, monthly religious ceremonies, semiannual Chan practice, continuous distribution of free books, and public education through media and publications. BECTE-LA is proposed to be open seven (7) days a week, Monday through Friday from 5:00 p.m. to 10:00 p.m. (office hours) and Saturday and Sunday from 9:00 a.m. to 7:00 p.m. The schedule for BECTE-LA is as follows: Classes: Intermediary Class: The Intermediary class is restricted to members who have completed the beginner class, a two and a half year program. The first hour of the class is meditation and the second hour of the class is lecture provided by the instructor. The class has a total of 16 students, one (1) instructor, one (1) teaching assistant and two (2) student volunteers. Sutra Class: The Sutra class is open to the general public and is estimated to have a total of 50 to 60 people that attend. The class is offered in a DVD format with no direct interaction between the lecturer and the audience. One (1) teaching assistant leads the class and two student volunteers assist to ensure there are no interruptions or disturbances. Conditional Use Permit No. PL 2011-412 Page 2 of 7 a Beginner Class: The Beginner class is a two (2) hour long class that has a current class size of 30 students, the class is restricted to only those students that have applied to attend. The first thirty (30) minutes of the class is meditation and the second hour and a half (1'/�) is lecture. The class will have one (1) instructor, one (1) teaching assistant and two (2) student volunteers. BECTE-LA expects a total membership of 110 people in the next 5 years. The schedule for the BECTE-LA is summarized in the table below: Time Mon Tues Wed T,hurs Fri Sat Sun 9:00 a.m. Preparation Office Hours for Ceremony 10:00 a.m. Intermediary Class 11:00 a.m. 12:00 p.m. Ceremony 1:00 P.M. Sutra Class 2:00 p.m. 3:00 p.m 4:00 p.m. Beginner Class Monthly Staff Meeting 5:00 p.m. Office Hours Only Office Hours Only Office Hours Only Office Hours Only Office Hours Only 6:00 p.m. Clean up - Clean Up 7:00 p.m. 8:00 P.M. 9:00 P.M. 10:00 P.M. Site and Surrounding General Plan, Zoning and Land Uses The project site is located in the Walnut Business Park at the northwest corner of Walnut Avenue and Lemon Avenue. Conditional Use Permit No. PL 2011-412 Page 3 of 7 ANALYSIS: Review Authority (Diamond Bar Municipal Code (DBMC) Section 22.58) Planning Commission approval of a Conditional Use Permit (CUP) is required for places of assembly. A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at aparticular location. Conditional Use Permit No. PL 2011-412 Page 4 of 7 General Plan Designation Zoning District Land Use Site Light Industrial I Business Park North City of Industry N/A Industrial South Li ht Industrial 1 Warehouse/Office East Medium Density Residential RM School West Li ht Industrial I Warehouse/Office ANALYSIS: Review Authority (Diamond Bar Municipal Code (DBMC) Section 22.58) Planning Commission approval of a Conditional Use Permit (CUP) is required for places of assembly. A CUP is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at aparticular location. Conditional Use Permit No. PL 2011-412 Page 4 of 7 When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health, and general welfare, then it must deny the request. When a CUP is approved, it runs with the land and all conditions placed on the CUP are " binding on all successors in interest. In other words, BECTE-LA were to close the proposed facility after it has begun operating, a new tenant could locate in the space and operate :the same type of use. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to expand the use without full review and approval by the Planning Commission. Compatibility With Neighborhood There are forty-six (46) tenant spaces in the Walnut Business Park with various types of uses, including wholesalers, professional offices, auto body repair, a travel agent, an art institute, and other light industrial and office uses. The majority of the businesses operate Monday through Friday with only 6 current businesses open on Saturdays. As such the operational characteristics of the proposed use are compatible with the various uses currently operating in the business park. Parking and Circulation Multi -tenant sites that do not qualify as a shopping center are required to provide the aggregate number of parking spaces for each separate use. The Walnut Business Park is considered a multi -tenant site and, therefore, is required to provide parking based on each individual use. BECTE-LA proposes to occupy a 3,867 square foot tenant space. Churches and other places of worship such as BECTE-LA are required to provide one (1) space for every 35 square feet of gross assembly area. BECTE-LA will be required to provide 110 parking spaces, based on the gross floor area of tenant space. When reviewing parking impacts the various uses and peak business hours for those uses are taken into consideration. The different uses result in a range of peak business hours and parking demands. The applicant provided -a list of all businesses located in the business park that included the business name, use, unit square footage, and hours of operation. Staff has revised this list to also include parking requirements (Attachment 2). A total of 278 spaces are currently required, the site provides 289 spaces. The majority of business within the business park operate Monday through Friday from 9:00 a.m. to 6:00 p.m. Since BECTE-LA proposes to operate Monday through Friday from 5:00 p.m. to 10:00 p.m. and Saturday from 9:00 a.m. to 7:00 p.m. the additional 110 Conditional Use Permit No. PL 2011-412 Page 5 of 7 spaces required for parking will not impact existing businesses or result in a shortage of parking, therefore, the existing parking supply is adequate and can accommodate the proposed use. Staff reviewed the application and determined that a separate traffic and parking analysis would not be required because the intensification to the center would not impact existing businesses. In addition, the existing parking supply is adequate and can accommodate the proposed use. 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 500 -foot radius of the project site on March 30, 2012 and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on March 30, 2012. 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. PUBLIC COMMENT: At the time the staff report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) approving Conditional Use Permit No. PI -2011-412, to allow a place of religious assembly based on the findings of DBMC Section 22.58, subject to conditions of approval as listed within the draft resolution. Conditional Use Permit No. PL 2011-412 Page 6 of 7 Prepared by: Reviewed by: Katherine Laufenburger Greg Gubman, AICP Senior Planner - Community Development Director Attachments: 1. Resolution No. 2011-XX 2. Walnut Business Park Tenant Summary and Parking Analysis 3. Buddhist Education Center for True Enlightenment — L.A. Divison Business Plan 4. Site Plan and Floor Plan Conditional Use Permit No. PL 2011-412 Page 7 of 7 PLANNING COMMISSION RESOLUTION NO. 2012 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING MINOR CONDITIONAL USE PERMIT AND DEVELOPMENT REVIEW NO. PL 2012-43 TO CONSTRUCT A NEW 434 SQUARE FOOT ROOM ADDITION, ON A 0.36 GROSS ACRE 15,760 SQUARE -FOOT (0.36 GROSS ACRE) LOT LOCATED AT 21927 PAINT BRUSH LANE, DIAMOND BAR, CA 91765 (APN 8292-016-049). A. RECITALS 1. The property owner Che Tang has filed an application for Minor Conditional Use Permit and Development Review No. PL 2012-43 to construct a new 434 square -foot room addition to the front of an existing two-story single family home located at 21927 Paint Brush Lane, City of Diamond Bar, County of Los Angeles, California. ` Hereinafter in this resolution, the subject Minor Conditional Use Permit and Development Review shall collectively be referred to as the "Project. 2. The subject property is made up of one parcel totaling 15,760 square feet (0.36 gross acres). It is located in the Low Density Residential (RL) zone with an underlying General Plan land use designation of Low Density Residential. 3. The legal description of the subject property is Tract 31151 Lot 10. The Assessor's Parcel Number is 8292-016-049. 4. On March 30,2012, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley DaiIV Bulletin newspapers. Public hearing notices were mailed to property owners within a 1,000 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on March 30, 2012. In addition to the published and mailed notices, the project site was posted with a display board. 5. On April 10, 2012, 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: C 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; and 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19 Section 15301(e.2.b) (additions to existing structure provided that the addition will not result in an increase of more than 10,000 square feet if the area in which the project is located is not environmentally sensitive) of the CEQA Guidelines. No further environmental review is required. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.48, this Planning Commission hereby finds as follows: Development Review Findings (DBMC Section 22.48.040) 1. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and 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 design and layout of the proposed 434 square -foot room addition is consistent with the City's General Plan, City Design Guidelines and development standards. The proposed addition will result in an update to the facade of the existing residence and will be consistent with the existing, colors and materials. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 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 room addition to the existing residence will not interfere with the use and enjoyment of neighboring existing or future developments site is an existing residence in an established neighborhood.. The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single- family home because it is an addition to an existing residence and complies with the requirements for driveway widths and grades: 2 MCUPIOR No. PL2012-43 - 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 Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan; The new room addition is designed to be compatible with the character of the existing residence and surround neighborhood. 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, color, and will remain aesthetically appealing; The design of the new room addition maintains the existing architecture of the 1970's tract home while improving and updating the facade of the residence, and maintaining the existing building materials, and landscaping. 5. The proposed development will not be detrimental to, 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 Los Angeles County Fire Department requirements. Through the permit and inspection process, the referenced agencies 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 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. Minor Conditional Use Permit Findings (DBMC Section 22.56.040) 7. The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; The existing single -family dwelling is a permitted use in the RL zone. The existing side yard separation between structures of 13 feet renders the project nonconforming. The addition to a nonconforming structure requires 3 MCUP/DR No. PL2012-43 approval of a Minor Conditional Use Permit. The proposed 434 square -foot addition complies with all development standards of the RL zone including setbacks, height and floor area. 8. The proposed use is consistent with the general plan and any applicable specific plan; The proposed addition to a single-family residence is consistent with the City's adopted General Plan. The site is not subject to the provisions of any specific plan. 9. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The existing single-family dwelling and the proposed 434 square -foot addition is consistent with the development standards for the site and the surrounding neighborhood. The design of the proposed addition is compatible with the neighborhood through the use of similar architectural features. 10. 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; and The subject site is physically suitable for the existing single-family residential dwelling, and the proposed addition. The existing and proposed use of land is consistent with the surrounding land uses. The proposed addition is consistent with the development standards for the RL zone. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and The granting of the Minor Conditional Use Permit will allow the continuation of a nonconforming building separation, permitting an addition to the existing single-family dwelling in a manner similar with existing dwelling units located in the surrounding neighborhood. The proposed addition to the residence and will not negatively impact the public interest, health, safety convenience or welfare. Prior to 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 Department. 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, and materially injurious to the properties or improvements in the vicinity. 12: The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 4 MCUPIDR No. PL2012-43 The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a) (addition to an existing structure of less than 10, 000 square feet) of the CEQA Guidelines. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing regarding this proposed project. 1. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. 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 the property owner, CheTang, 21927 Paint Brush Lane, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 10th DAY OF APRIL 2012, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 10`h day of April, 2012, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 MCUPIDR No. PL2012-43 ~- , �� . COMMUNITY DEVELOPMENT DEPARTMENT . STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Minor Conditional Use Permit and Development Review, No. PL2012-43 SUBJECT: To construct a a new 434 square foot room addition to the front of an existing single family home on a .36 gross acre Iota PROPERTY Che Tang OWNER/ 21927 Pain Brush Lane APPLICANT: Diamond Bar, CA 91765 LOCATION: 21927 Paint Brush Lane Diamond Bar CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISIONAT (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 Minor Conditional Use Permit and Development Review No. PL2012-43 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 theCity defendants. The City shall promptly notify ,the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 6 MCUP/DR No. PL2012-43 k . 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 Minor Conditional Use Permit and Development Review No. PL2012-43, 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 a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. , 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. 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: 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 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, and roof plans, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The property owner/applicant shall remove the public hearing notice board within three 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, Public: Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading 7 MCUP/DR NO..PL2012-43 permit (whichever comes first), 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 Minor Conditional Use Permit and Development Review No. PL2012-43 expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section (DBMC) 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached referenced as site plans, floor plans, architectural elevations, and landscape plans on file with the Planning Division, the conditions contained herein, and the 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 by the property owners/occupant. 5. All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or replaced upon project completion. 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, 8 MCUP/DR No. PL2012-43 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. If 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 1. An Erosion Control Plan shall be submitted concurrently with a drainage plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to NationalPollutant Discharge Elimination` System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. 2. 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 used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. 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. C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. D. OFF-SITE STREET IMPROVEMENTS (Not required) E. UTILITIES - 9 MCUPOR No. PL2012-43. _ 1: Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK 1. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City. Sewer plans shall be submitted for review and approval by the City Building and Safety Division, G. TRAFFIC MITIGATIONS (Not Required) 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., 2010 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code) requirements and all other applicable construction nodes, 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 California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. Every permit issued by the Building and Safety Division shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit or work has discontinued and not been signed -off on the job card by the building inspector. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. - Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. The project shall be protected by a construction fence to the satisfaction of the Building Official, 6. All structures and property shall be maintained in a safe and clean manner during construction. The property shall be free of debris, trash, and weeds. 7. Existing fencing shall remain in-place during construction including pool barrier fencing._ Any alteration of the "fencing may result in a discontinuation of construction until the fences are returned to its original state. - 8. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 9. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 10 MCUP/DR No. PL2012-43 10. The minimum design load for wind in this area is 85 M.P.H. exposures "C and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 11. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 119 and 150(k). 12. Prior to Building permit issuance, all school district fees must be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 13. Indicate all easements on the site plan. 14. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 15. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 16. Specify location of tempered glass as required by code. 17. Special inspections and structural observation will be required in conformance to CBC 1704 to 1709. 18, 19. 20. 21. 22. 23. 24, 25. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org: AQMD notification is required at least 10 days prior to any demolition. All workers on the job shall be covered by workmens compensation insurance under a licensed general contractor. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. Footing depths shall be at least 24 embedment for exterior and 18" for interior with 2#4 top and bottom unless a soils report states otherwise. Temporary shoring shall be provided until structural support is provided for the second floor structure. An interior shear wall or steel column design is required which includes the appropriate lower value for steel cantilever columns where applicable. Glass railings shall be designed with a factor of safety of 4 with support on all 4 sides: 11 MCUPIOR No. PL2012-43 26. The interior alteration area shall be clearly labeled on plans including a breakdown on the first sheet of plans and the permit application consistent. 27. Structural observation is required for foundation, frame, and shear. END MCUP/DR No. PL2012-43 Attachment 2 Walnut Business Park Tenant Summary and Parking Analysis Unit Full Name Business Type Square Footage Business Hours Parking Required Parking Needed 735 Platon Communications, Inc Software Company 1,296 9am-6pm, Mon -Fri 1/400 3.24 755 Rams Direct, Inc Importer 1,095 9am-6pm, Mon -Fri 1/1000 1 80 David Xu DBA K&W Auto Body Auto Accessory/Auto Body 6,858 9am-6pm, Mon -Sat 4 spaces per bay 803 Chin Yun Lu DBA Pony Art House Art Institution 1,110 1 9am-6pm, Mon -Sat 1/50+ 1 space per employee 7.4 805 Formosa logistics, Inc Exporter/Importer 1,600 9am-6pm, Mon -Fri 1/1000 1.6 807 IVacant 2,675 n/a n/a — 2.7 809 My Hot Shoes Shoe Store 7,019 9am-6pm, Mon -Sat 1/250 28 813 Prosys Laser Technology, Inc Medical Devices 3,088 9am-6pm, Mon -Sat 1/250 12.4 817 Cagi Wholesale, Inc Coffee & Tea Wholesale 3,088 9am-6pm, Mon -Sat 1/1000 3.1 20507 Progressive Interest Corporation Flash Card Distributor 5,969 1 9am-6pm, Mon -Fri 1/1000 6 20511 Longstar Health Pro, Inc Wholesale & Manufacturing -Dietary Supplemets 2,800 9am-6pm, Mon -Fri 1/1000 2.8 20517 Global Irrigation, Inc Lawn Sprinkler System 10,421 9am-6pm; Mon -Fri 1/200 1 41.7 20519 GI Toys, Inc Toy Importer/Distributor 16,700 9am-6pm, Mon -Fri 1/1000 16.7 20533 K&W Auto Body Inc Auto Body Repair 10,110 9am-6pm, Mon -Sat 4 spaces per bay 20545 Meister Watches Watch Wholesale 2,800 9am-6pm, Mon -Fri 1/1000 2.8 749-A2 Shanchen Computer Company Wholesale/Computer 12,494 9am-6pm, Mon -Fri 1/1000 12.5 821-A9 T&L Specialty Company Software Company 4,883 9am-6pm, Mon -Fri 1/400 12.2 20537-A Vacant n/a 800 n/a n/a 0.8 20537-C Edward Lu, CPA CPA 1,900 9am-6pm, Mon -Fri 1/400 4.75 20539-A Vacant n/a 600 n/a n/a 0.6 20539-B Mei Chen DBA Palm Cedarl.Y. Recycling 533 9am-6pm, Mon -Fri CUP approval 20539-E Century Vacation Corporation Travel Agent 750 9am-6pm, Mon -Sat 1/400 1.9 20539-F S.F. System (Group), LTD Software Company 675 9am-6pm, Mon -Fri 1/400 1.7 20539-H Eaglerise E&E (USA), Inc Yellow/White page 1,075 9am-6pm, Mon -Fri 1/400 2.7 20539-1 Vacant n/a 175 n/a n/a 0.2 Attachment 2 20547-D Green Bay Industrial, Inc Aluminum Products- Show Room 331 9am-6pm, Mon -Fri 1/250 1.3 20547-E Abraham Guo/Liu Yong DB Software 330 9am-6pm, Mon -Fri 1/400 0.8 20547-F Vacant n/a 592 n/a n/a 0.6 20547-G Vacant n/a 680 n/a n/a 0.7 20547-H Daniel B. Roan, CPA R&L Acct CPA 998 9am-6pm, Mon -Fri 1/400 2.5 745A1A United Consol Line, Inc Computer PC 1,100 9am-6pm, Mon -Fri 1/250 4.4 745A1E Vacant n/a 1,467 n/a n/a 1.5 825-A10 3,875 SITE 829-A11A Venita Sadowski Tax Services 408 9am-6pm, Mon -Fri 1/400 1 829-A11B Rupert Mok & Architects Architects 680 9am-6pm, Mon -Fri 1/400 1.7 829-A11C Chung & Chung Accountancy lCorporation Accountant 717 9am-6pm, Mon -Fri 1/400 1.8 829-A11D Vacant n/a 500 n/a n/a 0.5 831-A11A Superior International Group, Inc Freight Transportation Arrangement 1,167 9am-6pm, Mon -Fri 1/400 2.9 831-A11B Queenie Enterprises Corporation Agent 535 9am-6pm, Mon -Fri 1/400 1.3 831-A11C IVacant n/a 985 1 n/a n/a 1 20515-C TCT IMAGING, Inc Writing Ink 9,682 9am-6pm, Mon -Fri 1/400 24.2 20529B Vacant n/a 11,627 n/a n/a 11.7 205318 Vacant n/a 11,838 n/a n/a 11.8 20535B ElectroMed Engineering, Inc Medical Products Manufacturing 11,624 9am-6pm, Mon -Fri 1/1000 11.7 2053963 Dorothy Pang DBA Pang & Associates Real Estate Agent 196 9am-6pm, Mon -Fri 1/400 0.5 20543B Pacific Rim Crafts, Inc Whoesale 5,877 9am-6pm, Mon -Fri 1/1000 5.9 255.59 23.25 Total 277.84 ATTACHMENT 3 The Detailed Business Plan for 825 S. Lemon Ave Diamond Bar, CA 91789 THE DETAILED BUSINESS PLAN OF THE BUDDHIST EDUCATION CENTER FOR TRUE ENLIGHTENMENT, LA DIVISION (BECTE-LA) BECTE-LA is a not for profit organization. Its mother entity, Taipei Buddhist True Enlightenment Practitioners' Association, was founded by the highly -respected Venerable Pings Xiao in 1997. Venerable Pings Xiao started by teaching the followers a practice method that enhances practitioners' concentration. Accompanied by the well -organized classes on the Buddha's teachings, Venerable Pings Xiao has since helped and guided a lot of practitioners to get enlightened—to realize the true -self that is ever -lasting, the origin of life. The teaching of the true Buddhist dharma has since spread, more members applied to attend classes and learn to practice. Subsequently, more divisions were established. The teaching was introduced world-wide, and a few interested practitioners in the greater Los Angeles area started to gather together and studied in someone's residence. In 2007, with the growth of participants, it was decided a corporation should be formed, and the application to the Secretary of State and IRS were approved under the Corporation name of The Buddhist Education Center for True Enlightenment -LA Division (BECTE-LA). A non-profit corporation license was issued by the State of California, and Tax-exempt status has been granted to BECTE-LA. Since the formation of BECTE-LA, the number of the students has increased to 46, with an audience of approximately 55 for Sutra class in DVD format given by Ven. Pings Man. In this plan, the components included are mission, purpose, vision, summary of schedules of the classes provided, and proposed use of the prospect site. I . The mission of the BECTE-LA is to promote awareness and practice of true Buddhism of the general public through education, cultivation, charity activities and community involvement. To achieve this mission, The BECTE-LA organizes weekly classes and meditation practices, monthly religious ceremonies, semiannual Chan practice, continuous distribution of free books, and public education through media or publications. With the above mentioned classes, DVD watching, and meditation practice, the audience will obtain a better understanding of the true Buddhist sutra and the meaning of true Buddhism; participating members will eventually elevate their level of knowledge towards Buddhism, be able to apply the knowledge in their daily activities, and achieve higher spirituality. In addition, the participating members will be able to distinguish the right teaching from the wrong. The Detailed Business Plan for 825 S. Lemon Ave Diamond Bar, CA 91789 2 2. The purpose of the establishment of the education center is to provide education as well as proper guidance for participating members. With diligent practice, the participating members can strive to seek for real -self, hence; ultimately, the participating members can eventually attain enlightenment. In addition to providing classes to participating members, BECTE-LA also makes its best effort to introduce the Buddhist teachings to the general public by distributing books written by Venerable Pings Xiao and the teachers who have been validated by Ven. Pings. Inheriting the tradition of the mother entity and the teaching of Venerable Pings Xiao, BECTE-LA makes spreading of True Buddhist Teachings its primary and upmost goal with the most sincere intention and hope that no Buddhist will ever be misguided and the Buddhists will always be on the right path to Buddhahood. 3. The vision of the Education Center is to promote societal peace, extend compassion to all man -kind, and spread true Buddhist teachings by offering classes of different levels that are carefully designed for practitioners of different stages. Furthermore, it is the founder -Venerable Pings Xiao's wish to ensure that all those who are interested in the Buddhism have an opportunity to access the true teachings of the Buddha and be able to inspect all the works of Buddhist masters and thereby stay away from the wrong teachings. BECTE-LA inherits the Venerable Pings' vision and does its best to carry out the vision by promoting the true Buddhist teaching by distributing books, offering classes, and inviting the general public to the Sutra classes. 4. All the classes, meditation sessions, activities, and ceremonies provided by the Center are purely educational, religious and are free to participate. The mother entity, Taipei Buddhist True Enlightenment Practitioners' Association owns the membership of the participants; BECTE-LA collects annual membership fee for the mother entity annually. BECTE-LA also offers a large selection of free publications, with a rough estimate of 50 books of different titles. Currently, the classes offered by BECTE-LA take place on Saturdays and religious ceremonies are held on Sundays. Business hours for the BECTE-LA will be from 5pm to I Opm on Mondays to Fridays, and 9am to 7pm on Saturdays and Sundays. The classes/business schedules are illustrated in the following page: The Detailed Business Plan for 825 S. Lemon Ave Diamond Bar, CA 91789 Time Monday Tuesday Wednesday Thursday Friday Saturday Sunday 9:00 AM Office hour Preparation for ceremony 10:00AM Intermediary class 11:OOAM 12:OOAM Ceremony 1:00 PM Sutra class** 2:00 PM 3:00 PM 4:00 PM Beginner Class*** Monthly staff meeting 500 PM Office only ***** Office only ***** Office only ***** Office only ***** Office only ***** 6:00 PM Clean up Clean up 7:00 PM 8:00 PM 9:OO PM 1_0 3 *—Intermediary class; restricted to those members who have completed the Beginner Class which is 2 Y years long. Currently, the class size is 16 students. The I" hour of the class is meditation, and the 2nd hour of the class is lecture provided by the instructor. During the one-hour meditation time, the instructor is available to answer student's questions in regards to the class content or the practice method; these sessions are conducted in one-on-one format with the company of the teaching assistant by the side. The class has 1 instructor, I teaching assistant, and 2 volunteer workers. **=Sutra Class; this class is open to the general public. This class is intended to offer on Saturdays when majority of other tenants are not open for business so that the potential, possible disturbance is minimized. Currently, it is estimated that the size of the audience is in the range of 50 to 60; this number includes the 3 teaching assistants for thea classes and 5 staffs This class is offered in DVD format; hence there is no direct interaction between the lecturer and the audience. The content of the class is mainly comprised of the interpretation of the Sutra that has been selected for the class. This class has I teaching assistant who leads the class and 2 volunteer workers whose main duties are to ensure the DVD class takes place with no interruptions or disturbances. The audience is comprised of the students from the Intermediary and Beginner Classes. ***=Beginner Class; this class is restricted to those students who have applied to attend. Before the students determine to apply for the class, 3 "trial" classes are offered. Currently, the class size is 30 students. The 1"30 minutes of the class is meditation, and the remaining 1 Yz hrs of the class is lecture provided by the instructor. During the half -an -hour meditation time, the instructor is available to answer student's questions in regards to the class content or the practice method; these The Detailed Business Plan for 825 S. Lemon Ave Diamond Bar, CA 91789 0 sessions are conducted in one-on-one format with the company of the teaching assistant by the side. This class has one instructor, 1 teaching assistant, and 2 volunteer workers. Application to this class is accepted at any time. ****=Ceremonies; all the ceremonies are scheduled to take place once a month on the second Sundays. The ceremonies are generally 4 hours long, and usually end before 1 pm. The number of participants usually ranges from 30 to 45. In addition to monthly ceremony, four times a year, the Center offers all day meditation sessions and these meditation sessions take place on the last Sundays of February (2-26-2012), March (3-25-2012), August (8-26-2012), and September (9-23- 2012); the schedule of these meditation sessions is 8i00am to 5:00pm. Ceremonies will take place every second Sunday of each month. For year 2012, the dates of the ceremonies will be: 1-8-2012, 2-12-2012, 3-11-2012, 4-8-2012, 5-13-2012, 6-10-2012, 7-8-2012, 8-12-2012, 9- 9-2012, 10-14-2012, 11-11-2012, and 12-09-2012. *****=office only; currently, no class is offered during weekdays. The office will be open to make free books available to members and the general public. There will be 5 staffs/volunteers during office hours. 4ALL THE INSTRUCTORS, TEACHING ASSISTANTS, STAFFS ARE ON NO -PAY, VOLUNTEER BASIS. ->Number of total students enrolled: total 46 students enrolled for 2 classes, the Beginner class and the Intermediary class, combined. (16 from the Intermediary class, and 30 from the Beginner class.) --> No enrollment is required for the Sutra class since it is open to the general public. However, currently, the Sutra class is comprised of the students from the intermediary and the beginner classes + staff + teaching assistants. Hence, the total number of the audience of the Sutra class is: 16 from the Intermediary class+30 from the Beginner class+5 staff =51, and this is the total number of current participants (total enrollment + staff ) of the Education Center. >Number of total instructors: 2 ->Total number of teaching assistants: 3 4Total number of staff: 5 4Total number of members expected to be in the next 5 years: t 10 5. Proposed use of the prospect site: The size of the prospect site is approximately 3,850 square foot consisting of one decent size reception area, one large office, one rest room, one small break area with a kitchen cabinet and a sink, and a large empty area in the back. The projected site was previously used for commercial purpose—a shoe store; the business grew and therefore the business owner decided to move to a larger site. There are 2 public restrooms (1 for woman and I for man) in the buildings owned by the landlord; the public restrooms are located on the second floor right next to the proposed site, and in addition, there are 4 restrooms (2 for women 2 for men) in the building behind owned by the same The Detailed Business Plan for 825 S. Lemon Ave Diamond Bar, CA 91789 5 owner; the participants will not experience any inconvenience. The seating arrangement is such that students/audience will sit on the mats that are laid on the floor prior to the classes, and the class room will be located in the large empty area in the back of the site, the class room will also be used for ceremonies and meditation session (worship room); the front of the class room is on the west side of the large empty room, as indicated on the plan. Small, low chairs are offered to those who are not feeling well and cannot sit on the floor. The mats are stored away after the classes. The large office will be used for question/answer sessions between the instructor and students, and it is called a "Dharma Room". The reception area will remain as reception area to greet students and the general public. Some desks and tables will be moved in the site; included are 4 bookcases to display the entire collection of Buddhist Sutras and a whole set of books written by Ven. Pings, tables will be used in the "Dharma Room" to provide a consultation area, some will be used as computer desks as well as conference table for the staffs, and some customized stands for Buddha statues, and some desks to be located in the reception area. Two projector screens will be moved in to the proposed class room area for the purpose of projecting the texts for classes. 20507-20519 WALNUT DR. Q91)f® LLL 6 :F� PARKING LOT ITT PROPERTYLINE IT TOTAL 300 PARKING fl 20529-20547 WALNUT DR. 1:11I111111lCN LLU 1 SIDEWALK- �_ EIW11 ALNUT DR. J T_ IEE CE E 9'HGH SILO 1,111110111 / t / 745-83150 LEMON AVE., 3� , ,h =11 / 616I I E o Golden SPnn9s Dr J� _ �TE4ns�de O1 G SCALE: 114"=1'-0" 141 VICINITY MAP N.T.S. SCALE: 114" =1'-0" 2 ECEENSION FEMALE RESTROOM 12015E ) 3. PANTHER OFFICE Yt (155 S.F) 4. PARTITION EQUIPMENT RWM X1(130 SE.) 5. PARTTON OFFICE n TIN S,R) 0. PARTTON STORAGEpM S.E ) 7. PARTITION EQUIPMENT RWM X2 (124 SE) B, PARTITION CIA66ROIXA (1.656 RE) TOTALREMOOELINGAREA 3SMS F. 5. AFTERAODITON: FLOOR WING AREA: S.BG SE NO CHANGE 6. NUMBER OF STORIES:1 7, CONSTRUCTONTYPE: ELLEN] 6. W6UPANCYGROUP;A3 IT FLOOR USE �FLONZAREA PDROUGERMT PROJECT FLOOR CTPABT LGAG GOLD. RM, 11 SITE VE IN EQUIP. MI. IT \ 124 j ?, OFFICE#2 1. UB 2 STORAGE NG — PATH OF T L I TOTAL PLOT PLAN SCALE: 11fi4"=1'-0" wy\ i / COMMERCIAL REMODEL 1. OWNER: SUN WANG A / 1 1405DJOEGAWAYYS• \\ / CODE : DT. \ LOA BASED]65 -MIO GA PLUG LNG GORE RIVED ON ON 2W] EDITION OFTHE IBC. 20IGGAPEDMPINGCODERAPEDON2CO]UPC . ��� � -M10 CA MECXANICN.COOE. PAGED ON 2W]UMC. / 3010 CA EEEGT RIEEED NEC. / r 3009 CA BTTGSTAND RGY EFFIOIENCYSTANDARDR ENER YEFF - �' UUMUND CITY OF OWAONO BAR OPOINANCE6. SIDEWALK---""- 3. EX ,., 3,e67SR �� TOTALSPAGE- 4 PROFGGED: i ADD M4LE RET'NOM1 (1645E) E o Golden SPnn9s Dr J� _ �TE4ns�de O1 G SCALE: 114"=1'-0" 141 VICINITY MAP N.T.S. SCALE: 114" =1'-0" 2 ECEENSION FEMALE RESTROOM 12015E ) 3. PANTHER OFFICE Yt (155 S.F) 4. PARTITION EQUIPMENT RWM X1(130 SE.) 5. PARTTON OFFICE n TIN S,R) 0. PARTTON STORAGEpM S.E ) 7. PARTITION EQUIPMENT RWM X2 (124 SE) B, PARTITION CIA66ROIXA (1.656 RE) TOTALREMOOELINGAREA 3SMS F. 5. AFTERAODITON: FLOOR WING AREA: S.BG SE NO CHANGE 6. NUMBER OF STORIES:1 7, CONSTRUCTONTYPE: ELLEN] 6. W6UPANCYGROUP;A3 IT 10, WCUPANTLOAD: NO 11, FIRE SPRINKLER: YES 1T �PRPPOSE9USE:EQU 13 jDMNG: DIRE TRY REVISIONS DATE NO •� n z O F z' 0 U ui > U Q K Z Q O p� 2 O w Z .- tn � N Q � w O zo LIZ NCDW>1-- CDC, 2Z Jaz VOa watt O pO a c-2 kle 2-24-2012 sul. ASSHOWN Da KL Jah 1202 snore A-1 FLOOR USE �FLONZAREA PDROUGERMT PROJECT FLOOR CTPABT LGAG GOLD. RM, 11 VE IN EQUIP. MI. IT �md 124 OFFICE#2 1. UB 2 STORAGE NG vs 2 I TOTAL 10, WCUPANTLOAD: NO 11, FIRE SPRINKLER: YES 1T �PRPPOSE9USE:EQU 13 jDMNG: DIRE TRY REVISIONS DATE NO •� n z O F z' 0 U ui > U Q K Z Q O p� 2 O w Z .- tn � N Q � w O zo LIZ NCDW>1-- CDC, 2Z Jaz VOa watt O pO a c-2 kle 2-24-2012 sul. ASSHOWN Da KL Jah 1202 snore A-1 WALLLEGEND EXISTING WALL TO BE REMOVED EXISTING WALL TO REMAIN NEW WALL EXISTING BUILDING LINE ® EXIT SIGN DOOR NOTES DOOR SIZE AND CONSTRUCT SEE PLAN WINDOW NOTES S.C.: SOLID CORE ( 1-3/4" THICKNESS) H.C.: HOLLOW CORE (1-3/8" THICKNESS) F.D.: FRENCH DOOR (TEMPERED GLASS) G.L.: GLASS SLIDING DOOR (TEMPERED GLASS) B.P.: BY-PASS DOORS B.F. BI -FOLDING DOOR O.H : GARAGE DOOR (ROLL -UP, SECTIONAL DOOR) P.D.: POCKET DOOR WINDOW SIZE AND TYPE CALL -OUT: SHE EXAMPLE: T -0"(W) X 4'-0"(H)/2'-8"(SILL HT.) S.L(WINDO W TYPE) WINDOW TYPE: FRAME S.L.: HORIZONTAL SLIDING FE): TEMPERED GLASS S.H.: SINGLE HUNG (A): ARCH WINDOW F.X.: FIXED (R/HR) : ROUND/ HALF -ROUND WINDOW OS.: CASEMENT (0): OBSCURE GLASS G.W.: GARDEN WINDOW (E) : EXISTING S.D.: SIDE LIGHT(TEMPERED GLASS) (N): NEW INSTALLATION DOOR SCHEDULE SYMBOI SHE TYPE CORE FRAME RATINC REMARK W THK OE �/ EXISTING DOOR (ALL EXISTING DOOR SHALL BE 3'-0' GOOF AND HANDICAPPED LEVE R -TYPE L CK(S) ) DOOR NOTES 1. EXIT DOORS SHALL SWING IN THE DIRECTION OF EXIT TRAVEL WHEN SERVING ANY HAZARDOUS AREA OR WHEN SERVING AN OCCUPANCY LOAD OF 50 OR MORE 2. EXIT DOORS SHALL BE EQUIPPED WITH PANIC HARDWARE (CRASH BARS) WHEN SERVING AN OCCUPANCY LOAD OF 100 OR MORE 3. EXIT DOORS SHALL BE OPENABLE FROM THE INSIDE WITHOUT USE A KEY OR ANY SPECIAL KNOWLEDGE OR EFFORT 4. PROVIDE SIGN "THIS DOOR REMAIN UNLOCKED DURING BUSINESS HOURS" IN ALL EXIT DOORS PER U.B.C. 1004.3 5. SECURITY ALARM ACTIVATED DOOR(S) SHALL BE DESIGNATED BYOWNER 6. FOR ALL NON -ACCESSIBLE EXIT DOORS AND EXTERIOR DOORS NOT DESIGNATED AS EXIT DOORS; 7. POST SIGN AT 60" ABOVE FLOOR STATING "USE OTHER DOOR FOR EXIT" WITH ARROW POINTING TO THE ACCESSIBLE EXIT DOOR(S) REVISIONS DATE NO Q Z O, 0 C) w a JN Vo Z O' U b m t` W >a Q U O Z a O m � U W Z J O N � N Q m O 8 z g 0 0 0 LL w O 0 F LL' � a 2-24-2012 AS SHOWN naw � KL 1202 A-2 LP C O C O G O C O C O C O C O C O > Z W O- a a m a m a m a m a m s m a m W N m O� 7) U o 0 0 0 0 o o o Z W U)Q� a ' m m- m rn rn rn m m O K U` � W ,ro zQQg> = OU Q v Z W U Ur Q� IN O O O O O O O U W Z U Or` O Z 0-0 .Q .Q .Q .Q. .n .Q 'Q a_ Z a J ❑ H ,�. n azo Z 11II II II = U w C) aXo. aQU a N. O O O O O O O O ❑ W oo o o 0 0 0 0 W m m m m m m m m m m m m mm m m m _ uE `-'E uE of 2E uE r.. Uo; _ Z -. d' no C no C no C n0 C no no no no W ; Q Q Q Q Q CL LU co C �� (D WZ >G Z W a. Q O O W G G D m W O W L U m O O N N a m ❑ @ Y C Q O O N a U z ❑a a x }0 U r,. J r r r r r z z N N W a a a. a d aO a d U- a a U a :U a' Of M Of aa a- (D a 7 K a U _ ., ❑ U ... Z ❑ ❑ U U ❑ D U WDf .' ❑ O ; a. Y W W w N N -. O U J O W N N U O ~ N C m m J U L u O U N t N N WN o C n U W o O >,_ U N E= a =c > U c � N' 0 CIC N c m a_ m c U OCE m Q c..0 a`,, m0 U pm -O U: Q Ol - .O 3_ K O � C N O m d) U (0 d L N �:..rn m U E m m N.c m ❑ 'U` co o.E Z a w E U m Uac: m m o U. O m O Q N ;•. w o Z r E J u z E r m-. o =' oa c9 E❑ o ¢,.: J m o M -o = ' 0 m MQ� o 0 012 0 z W a N co Q Ma' o N O 0 M Z MU W .- '-Z m r Q NZ d- N W,. Q N N d N M N N N a. Q` w m a F `u 9 w m m m m C O 0 O 0 O 0 O =o 0 0 0 m m m m 0 0 0 0 m m rn m c c c c 3 3 3 3 I I I C I C C C O O O O fe(n.l Q Q Q Q m m m m N N N N E E E E 0 0 0 0 U U U U C C C G O O O O N N N N w k k w O O O O C C O C C O C C O C C O > m m m m m m m E o f a E a E '1 QO QO -aO -ap -O 6V- Qv- Qw Qw C i' 1: U' > n n Y W 0 J Z Z U` Z z Z J' o M O ik f a O J d O m C y C O U v o U m U w N v (0 N N m � N U � N c J J m a a `o` d' a.Z aZ NQ Nz a' d Nm CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR I, Stella Marquez, declare as follows: On April 10, 2012, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at City Hall, Windmill Community Room, 21810 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I am employed by the City of Diamond Bar. On April 5, 2012, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on April 9, 2012, at Diamond Bar, California. Stella Marquez Community Development CD:\zsteI a\arfldavi tposting.doc T