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HomeMy WebLinkAbout05/08/2012 PC AgendaPLANNING F May 8, 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 FILE COPY 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 accommodations) 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 smokinoeatino or drinking in the Auditorium The Citv of Diamond Bar uses recvcled paper 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(a)ci diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, May 8, 2012 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2012-12 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: April 10, 2012. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Conditional Use Permit No. PL2012-86 — Under the authority of Diamond Bar Development Code Section 22.58, the applicant, Matt Jong, and the property owner, Country Hills Holding, LLC are requesting Conditional Use Permit approval to permit a tutoring center. The tutoring center will offer classes Monday through Saturday with hours that are adjusted in accordance with the school year. The subject property is zoned C-2 (Community Commercial) with an underlying General Plan designation of General Commercial. Approval of a MAY 8, 2012 PAGE 2 PLANNING COMMISSION AGENDA Conditional Use Permit is required to operate a business offering tutoring services. Project Address: 21349 Cold Spring Lane Property Owner: Country Hills Holding, LLC c/o Sarofim Realty Advisors Co. 8115 Preston Road, Suite 400 Dallas, TX 75225 Applicant: Matt Jeng 713 W. Duarte Road, #G303 Arcadia, CA 91007 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 CEQA, pursuant to Article 19 under Section 15301(a) (interior alterations involving such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines. Recommendation: Approve Conditional Use Permit No. PL2012-86, 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. PL2012-44 - Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant, Matt Jeng, and the property owner, Country Hills Holding, LLC, are requesting Conditional Use Permit approval to permit a fitness studio. The subject property is zoned Community Commercial (C-2) with an underlying General Plan land use designation of General Commercial. Project Address: 2753A Diamond Bar Blvd. Property Owner: Country Hills Holding LLC c/o Sarofim Realty Advisors Co. 8115 Preston Road, Suite 400 Dallas, TX 75225 Applicant: Matt Jeng 713 W. Duarte Road, #G303 Arcadia, CA 92007 Environmental Determination: The City has determined that this project is exempt from the provisions of the California Environmental Quality Act (CEQA). MAY 8, 2012 0 E 10 PAGE 3 PLANNING COMMISSION AGENDA 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 15301(a) (interior alterations involving such things as interior partitions, plumbing, and electrical conveyances) of the CEQA Guidelines. Recommendation: Approve Conditional Use Permit No. PL2012-44, 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 projects: SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: 23`d ANNUAL CITY BIRTHDAY PARTY: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Thursday, May 10, 2012 - 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Saturday, May 12, 2012 11 a.m. — 5 p.m. Pantera Park, 738 Pantera Park Drive Tuesday, May 15, 2012 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, May 22, 2012 — 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Thursday, May 24, 2012 Diamond Bar City Hall Windmill Community Room 21810 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR a REGULAR MEETING OF THE PLANNING COMMISSION APRIL 10, 2012 CALL TO ORDER: Chairman Lin called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: C/Torng led the Pledge of Allegiance. 1 2. ROLL CALL: Present: Commissioners Frank Farago, Tony Torng, Vice Chairman Steve Nelson, and Chairman Jimmy Lin. Absent: Commissioner Jack Shah was excused. Also present: Greg Gubman, Community Development Director; Katherine Laufenburger, Senior Planner; and Stella Marquez, Administrative Coordinator. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of March 13, 2012. C/Torng moved, C/Farrago seconded, to approve the Minutes of the Regular Meeting of March 13, 2012, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS 7 COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None Farago, Torng, VC/Nelson, Chair/Lin None Shah PUBLIC HEARINGS: 7.1 Development Review No. PL2012-43 — Under the authority of Diamond Bar Development Code Section 22.48, the applicant and property owner, Chen Tang, requested 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, PROJECT ADDRESS: 21927 Paint Brush Lane Diamond Bar, CA 91765 APRIL 10, 2012 PAGE 2 PLANNING COMMISSION PROPERTY OWNER/ APPLICANT: Chen Tang 21927 Paint Brush Lane Diamond Bar, CA 91765 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review No. PL2012-43, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution as revised. Chen Tang, owner/applicant, explained the request and asked for Planning Commission approval for his project. Chair/Lin opened the public hearing. Richard Abad, 21917 Paint Brush Lane, said he was glad the owner was improving his home. He asked how long the construction would take and how much equipment would be parked in the street. CDD/Gubman responded to Mr. Abad that the City's Municipal Code has limitations on construction hours so construction may not occur prior to 7:00 a.rn, and construction must conclude by 8:00 p.m., although typically, it concludes much earlier. Equipment must be limited to the property (be placed on the premises) and any proposal to stage equipment in the street would require an encroachment permit from the City's Public Works Department. Mr. Tang said his contractor told him the addition would take about two and one-half months so he is planning on three months or more for the construction period. He further stated that he would make certain the contractors would not block anyone's driveway. He understands that parking spaces are very limited on the street. Chair/Lin closed the public hearing. VC/Nelson cornmented that Diamond Bar has a long history of making sure that families that come to. Diamond Bar have the ability to stay in Diamond Bar as they grow. The Planning Commission has granted approval to many projects similar to this project where variances were continued because they were approved under the County of Los Angeles, and he sees no reason not to approve this request. VC/Nelson moved, C/Farago seconded, to approve Development Review No. PL2011-43, 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: APRIL 10, 2012 PAGE 3 AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS PLANNING COMMISSION Farago, Torng, VC/Nelson, Chair/Lin None Shah 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, requested Conditional Use Permit approval for an education center named "The 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 frorn 5:00 p.m. to 10:00 p.m. The subject property is zoned Industrial (1) with an underlying General Plan land use designation of Industrial. PROPERTY ADDRESS PROPERTY OWNER APPLICANT: 825 Lemon Avenue Diamond Bar, CA 91765 Walnut Business Park Robert Ko 20107 Covina Hills Road Covina, CA 91724 Suh Ling Wang 1405 Bodega Way #5 Diamond Bar, CA 91765 CDD/Gubman explained that under the U.S. Constitution when places of assembly are considered, religious institutions must be treated the way that any other place of assembly would be treated. Therefore, this project is reviewed strictly on the basis of the land use compatibility, appropriateness of the use, and capacity to accommodate the use at the intensity proposed. SP/Laufenburger presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. PL2011-412, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Suh Ling Wang, applicant, thanked the Commission for considering this application. She believes the center will bring positive impacts to the society. C/Torng asked how many individuals were anticipated to be present during weekday office hours. Ms. Wang said that current plans were to have some staff present to accommodate the public and members with book sales. She does not anticipate there would be more than 20 individuals present during the weekday office hours. APRIL 10, 2012 PAGE 4 ED,a1--, PLANNING COMMISSION Chair/Lin asked what temple or church the center was affiliated with and Ms. Wang responded "none." Chair/Lin opened the public hearing. With no one present who wished to speak on this matter, Chair/Lin closed the public hearing. C/Torng asked staff if the building had a capacity lirnit and SP/Laufenburger said there was a capacity limit which had been reviewed by the City's Building Department and that the occupancy numbers are posted inside the building and controlled by the Building Department. C/Farago moved, C/Torng seconded, to approve Conditional Use Permit No. PL2011-412, 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 NOES: COMMISSIONERS ABSENT: COMMISSIONERS Farago, Torng, VC/Nelson, Chair/Lin None Shah 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: Chair/Lin said he understood the City Council had filed an application without taking any action on the matter of Foothill Transit's proposal to build a parking structure at the Park and Ride Facility. CDD/Gubman explained that Foothill Transit is looking at the existing surface Park and Ride Facility on Diamond Bar Boulevard just south of Sunset Crossing. There is a very narrow strip on the west side and a larger area on the east side that abuts the SR60, which is one of the potential lots being considered for a multi-level Park and Ride Parking structure. There are a number of questions and issues, one of which is that as part of the SR57/60 "Big Fix" project there would be a connector that would pass diagonally through that site which would present an interesting design challenge for placement. Staff is looking at potential opportunities to create a rnulti-use parking structure elsewhere in the City, particularly at the Kmart site if there is any opportunity to do a more ambitious redevelopment project because the City would like to see something at that location which would provide a certain number of Park and Ride dedicated spaces but also be a multi-purpose parking structure to accommodate redevelopment of that site. VC/Nelson asked if there is any additional information staff can release on the Ralph's site and CDD/Gubrnan responded that the last he heard things were moving forward but staff has been asked to continue to honor the request of the potential tenant to keep the details confidential. There may be a larger scale rollout of several stores opening in the region and the potential tenant asks for the City's assistance with logistics, permitting requirements, etc. and has provided limited information accordingly. Other than that, the City is under a gag order. APRIL 10, 2012 PAGE 5 9. STAFF COMMENTS/INFORMATIONAL ITEMS: i PLANNING COMMISSION CDD/Gubman reported that due to lack of quorum/agenda items, the April 24, 2012, meeting will be canceled. Therefore, tonight's meeting will be adjourned to May 8, 2012, and Commissioners will be advised as the agenda for that meeting takes shape. CDD/Gubman reminded Commissioners that the Ethics Training is next Thursday, April 19 at the Diamond Bar Center. The City Clerk will provide information on the training as well as the opportunity to take the ethics training through an alternative venue including online training. CDD/Gubman updated the Commission on the Shell Station project. The City is moving forward with filing civil action against the property owners for failing to perform the work and will be seeking an injunction in civil court and as a follow up to that request, is asking the Court to order the project to be completed. Staff will also be requesting that the judge turn the property over to a receiver to ensure completion of the project. Once the project has gone through the legal channels and if the City prevails, construction should be taken over by the Court ordered receiver and the project should be completed within about three months. Once completed, the property will likely be sold to an individual or company that has the ability to provide the cash down payment and have the necessary license work in place to begin resuming business. 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Lin adjourned the regular meeting at 7:25 p.m. to May 8, 2012. The foregoing minutes are hereby approved this 10th day of April, 2012. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jimmy Lin, Chairman SIT DIE1PIO11D BARS PLANNING , • / AGENDA AGENDA ITEM NUMBER: 7.1 MEETING DATE: May 8, 2012 CASE/FILE NUMBER: Conditional Use Permit No. PL 2012-86 PROJECT LOCATION: 21349 Cold Spring Lane, Diamond Bar, CA 91765 (APN 8285-020-034) PROPERTY OWNER: Country Hills Holdings LLC c/o Sarofim Realty Advisors Co. 8115 Preston Road, Suite 400 Dallas, TX 75225 APPLICANT: Matt Jeng 713 W. Duarte Rd. #G303 Arcadia, CA 91007 Summary The applicant is requesting a Conditional Use Permit to allow a tutoring center in an existing 1,322 square -foot unit located towards the south end of Diamond Hills Plaza. A Conditional Use Permit is required for specialized education businesses in the C-2 zone. The existing unit is currently vacant. The applicant proposes to relocate an existing home based tutoring business to a new retail location to expand their existing. services. Pine Edu is a tutoring center that specializes in helping students with the Scholastic Aptitude Test (SAT) and well as other standardized testing for high school students. The applicant proposes two different operation schedules that coincide with the school year. During the school year Pine Edu will operate Monday through Thursday from 12:30 p.m. to 9:30 p.m., Friday by appointment only and Saturday from 8:30 a.m. to 5:30 p.m. During school vacations Pine Edu will operate Monday through Friday from 8:30 a.m. to 5:30 p.m. and Saturdays from 8:30 a.m. to 12:30 p.m. The proposed tutoring center is compatible with other businesses in the Diamond Hills Plaza, and shares similarities with uses, such as the music schools, taekwondo studio, and child daycare center. After evaluating the application, it is staff's conclusion that the proposed Conditional Use Permit application complies with the City's development standards and that the required Conditional Use Permit 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. PL2012-86, subject to the conditions of approval contained in the attached Resolution. -• l The applicant proposes to occupy an existing 1,322 square -foot unit located at the south end of Diamond Hills Plaza, a 17.2 -acre shopping center located at Diamond Bar Boulevard between Cold Spring Lane and Fountain Springs Road. The shopping center consists of retail, restaurants, fast-food take-out, professional offices, an AAA office building (under separate ownership from the remainder of the center) totaling 166,922 square feet of floor space, and a new 36,142 square -foot, three-story professional office building at the north end of the center. The shopping center developed incrementally over time since the early 1970s. In 2008, the first phase of a major renovation was completed at Diamond Hills Plaza. The planned build -out of the renovation included an exterior- fagade remodel for the former theatre building and removal of two buildings at the southerly end of the center (the currently proposed freestanding daycare building and a multi -tenant shop building) to facilitate the construction of a three-story medical office building. A two-story retail/office building was also approved on the vacant pad at the north end of the shopping center. In 2009, the three story medical office and two story retail/office building projects were terminated, and the Planning Commission approved plans to renovate the existing two buildings instead. In addition, the Planning Commission approved the demolition of the theatre building and the construction of a new inline shop building in its place. On February 15, 2011, a new three story professional office building was approved by the City Council in place of the two story retail/office building and is currently under construction. The project site is legally described as Lot 3 of Parcel Map No. 18722, and the Assessor's Parcel Number (APN) is 8285-020-034. Site and Surrounding General Plan Zoning and Land Uses Conditional Use Permit Nage 2 or i No. PL 2012-86 General Plan Zoning District Land Use D-signa ion Site General Vacant Commercial 77C-2 Retail, Office and Restaurant North General Commercial2 Uses South Low -Medium Density RLM Single -Family Residential Residential East General Commercial C-2 Vacant Voest Low -Medium Density RLM Single -Family Residential Residential Conditional Use Permit Nage 2 or i No. PL 2012-86 ANALYSIS: Project Description Pine Edu is an existing home based business located in the City of Diamond Bar that uses the Socratic teaching method. Currently Pine Edu has 35 students ranging in age 14 to 19. The applicant wishes to expand their services by locating to a retail location. The proposed hours of operation change with the school year. The schedule is provided below: School Year Hours Monday — Thursday: 12:30 p.m. — 9:30 p.m. Friday: By appointment only Saturday: 8:30 a.m. — 5:30 p.m. Sunday: closed School Vacation Hours Monday — Friday: 8:30 a.m. — 12:30 p.m. Saturday: 8:30 a.m. — 12:30 p.m. Sunday: Closed Conditional Use Permit Page 3 of 7 No. PL 2012-86 The maximum number of students that will be attending classes at the tutoring center at any one time will be limited to 15 students. The applicant states there will be 4-6 classes per session and that each class will consist of one instructor and two (2) to three (3) students per class, for a total of up to 15 students at a time. In addition to the 15 students, there will be a maximum of 5 employees on site for a total of 20 people on site at any one time. The proposed floor plan includes four (4) classrooms, a reception area, lounge area, study room, office, restroom, lunch room and two (2) storage rooms. Proposed Floor Plan Review Authority (Diamond Bar Municipal Code (DBMC) Section 22.58) A Conditional Use Permit (CUP) is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. The C-2 zone requires approval of a CUP for specialized education businesses. 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, if the owners of the proposed tutoring center were to close the business after it has begun operating, a new tenant could locate in the space and operate the same type of tutoring center. The new tenant would be required to comply with the same conditions as the previous tenant and would Conditional Use Permit Nage 4 of r No. PL 2012-86 54'-4' L 1 I i q � a i 1 Proposed Floor Plan Review Authority (Diamond Bar Municipal Code (DBMC) Section 22.58) A Conditional Use Permit (CUP) is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. The C-2 zone requires approval of a CUP for specialized education businesses. 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, if the owners of the proposed tutoring center were to close the business after it has begun operating, a new tenant could locate in the space and operate the same type of tutoring center. The new tenant would be required to comply with the same conditions as the previous tenant and would Conditional Use Permit Nage 4 of r No. PL 2012-86 not be permitted to expand the tutoring center without full review and approval by the Planning Commission. Parking and Circulation Shopping centers over 50,000 square feet in size are required to provide one parking space for every 300 square feet of gross floor area. Diamond Hills Plaza and the AAA office building (under separate ownership), the new three-story professional office building, as well as the child daycare center have a shared parking agreement. The existing gross floor area of the shopping center excluding the AAA office building is 183,056 square feet, therefore, requires 690 parking spaces. The AAA office building is 20,000 square feet, therefore, requires 50 spaces. A recycling facility occupies 3 spaces, and there are specialized education and training uses as well as foot massage services that generate additional parking demand. The proposed learning center requires a minimum of 12 parking spaces per the Development Code. There are 926 spaces provided on-site, and will exceed the requirement by providing a surplus of 171 spaces. However, based on the business proposal, there will be a maximum of 20 persons at the location at any one time. Because there is a surplus of parking spaces, staff does not foresee any parking issues resulting from the proposed use. Parking Requirement When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services, retail, and Conditional Use Permit rage o or No. PL 2012-86 Use Sq. Ft. Parking Ratio Required Provided Shopping Center 116,625 1/300 square- feet 389 Fast Food 7,467 1/100 sq. ft., plus 1/100 75 outdoor dining Sakura Foot Massage 1,138 1/300 sq. ft. plus 1 per 8 em to ee Tae Kwon Do Martial 3,142 1 space per 150 sq. ft. 29 Arts and 1 per employee 1 space per 200 sq. ft. 67 Music Academy 10,200 plus 1 per employee AAA Office 20,000 1/400 sq. ft. 50 Recycling Center N/A N/A 3 Three Story Office 36,134 1/400 sq. ft. 90 Building 1 space per 10 children, Child Daycare Center 7,450 plus 1 space for each 25 employee Kumon Learning Center 1 space per 200 sq. ft. 20 900 plus 1 per employee Proposed Pine Edu 1,322 1 space per 200 sq. ft. 20 lus 1 er em to ee Total 115,303 776 926 When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services, retail, and Conditional Use Permit rage o or No. PL 2012-86 specialized education and training uses. The different uses result in a range of peak business hours and parking demands. A supplemental traffic and parking assessment was prepared by Linscott, Law & Greenspan for the approved child daycare center. This assessment stated that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. Since the proposed tutoring center requires 20 additional parking spaces, staff does not foresee any parking supply or traffic and circulation issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed learning center. In a worst-case — although unlikely — scenario, the business would require a maximum of 35 parking spaces due to the transition period between lessons (i.e., 15 students arriving, plus 15 students departing and 5 staff members). Staff does not foresee a parking issue because there would still be a surplus of 150 parking spaces. Staff reviewed the application and determined that a separate traffic and parking analysis would not be required because the intensification to the center- would be negligible. In addition, the existing parking supply is adequate and can accommodate the proposed learning center. Compatibility With Neighborhood The shopping center has a numerous diversity of uses, including a grocery store, restaurants, professional offices, an AAA office building, and other retail and service uses. In addition, there are three specialized education businesses located at Diamond Hills Plaza: Soma Music School (approved on November 14, 2006), Orchepia School of Music (approved on May 11, 2010), and Y.I.0 Taekwondo (formally Olympian Taekwondo approved on September 14, 2004). As such, the operational characteristics of the proposed learning center are compatible with the existing uses in the shopping center. Additional Review The Public Works Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site on April 27, 2012, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on April 27, 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. Conditional Use Permit Nage n or i No. PL 2012-86 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. Staff recommends that the Planning Commission adopt the attached Resolution (Attachment #1) approving Conditional Use Permit and Parking Permit No. PL2012-86, to allow a tutoring center, based on the findings of DBMC Section 22.58, subject to conditions of approval as listed within the draft resolution. Prepared by: Katherine Laufenburger Senior Planner Attachments: Reviewed by: Greg Gubman Community Development Director 1. Draft Resolution No. 2011 -XX and Conditions of Approval 2. Site Plan, and Floor Plan Conditional Use Permit Nage or No. PL 2012-86 PLANNING COMMISSION RESOLUTION NO. 2012 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL0212-86, TO OPERATE A TUTORING CENTER IN AN EXISTING 1,322 SQUARE -FOOT LEASE SPACE WITHIN DIAMOND HILLS PLAZA, 21349 COLD SPRING LANE., DIAMOND BAR, CA (ASSESSOR'S PARCEL NO. 8285-020-034). A. RECITALS 1. Property owner, Country Hills Holdings, LLC, and applicant, Matt Jong, have filed an application for Conditional Use Permit No. PL 2012-286 to operate a tutoring center ("Proposed Use") in an existing 1,322 square - foot unit towards the south end of Diamond Hills Plaza. The project site is more specifically described as 21349 Cold Spring Lane, Diamond Bar, Los Angeles County, California ("Project Site"). 2. The subject property is comprised of 20 parcels totaling 17.2 acres. It is located in the Community Commercial (C-2) zone and is consistent with the General Commercial land use designation of the General Plan. 3. The legal description of the subject property is Lot 3 of Parcel Map No. 247-28-31. The Assessor's Parcel Number is 8285-020-034. 4. On April 27, 2012, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Vallev Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 700 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on April 27, 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 May 8, 2012; the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing to consider the Proposed Use, 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. 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(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Therefore, 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 22.58 this Planning Commission hereby finds and approves as follows: Conditional Use Permit Review Findings (DBMC Section 22.58) 1. The Proposed Use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code; Pursuant to DBMC Section 22.10.030, Table 2-6, a specialized education and training and non -degree school is perrnitted in the C-2 zoning district with approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with neighboring uses in the shopping center. 2. The Proposed Use is consistent with the general plan and any applicable specific plan; The Proposed Use is consistent with General Plan Strategy 1.3.3: ("Encourage neighborhood serving retail and service commercial uses') in that the proposed learning center meets Strategy 1.3.3 because the proposed tutoring center provides services to Diamond Bar residents. The Project Site is not subject to the provisions of any specific plan. 3. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity; 2 Planning Commission ResolOon No. 2012 -XX The Proposed Use is located within a multi -tenant shopping center occupied by various restaurants, office, and similar uses such as two music schools, taekwondo studio, and child daycare center. As such, the operational characteristics are compatible with the existing uses within the shopping center. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with the other uses within the shopping center. 4. The subject property 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; The Project Site is located within an existing commercial shopping center that currently has similar educational uses such as two music schools, taekwondo studio and a child daycare center and learning center. The Proposed Use is physically suitable with the subject site because it will be located in an existing building and no additional square -footage is being proposed. Additionally, the Proposed Use is intended to operate within an existing shopping center and will be using existing access and parking in the shopping center. 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and Prior to the issuance of any city permits, the Proposed Use is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division, 6. The Proposed Use 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(x) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. 3 Planning Commission Resolution No. 2012 -XX D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2012-86 subject to the following conditions: 1. The establishment is approved as a tutoring center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2012-86 dated May 8, 2012, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The use shall be limited to a tutoring center. 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 3. This. Conditional Use Permit shall be valid only for 21349 Cold Spring Lane, as depicted on the approved plans on file with the Planning Division. If the Proposed Use moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. No changes to the approved scope of services comprising the use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission and/or City Council. 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 owners, Country Hills Holdings LLC, c/o Sarofim Realty Advisors Co., 8115 Preston Road, Suite 400, Dallas, TX 75225; and and applicant, Matt Jeng, 713 W. Duarte Rd., Arcadia, CA 91007. 4 Planning Commission Resolution No. 2012 -XX APPROVED AND ADOPTED THIS 8T" DAY OF MAY 2012, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. I ylo Jimmy Lin, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of May 2012, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 5 Planning Commission Resolution No. 2012 -XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2012-86 SUBJECT: To allow a tutoring center in an existing 1.322 square -foot unit located towards the south end of Diamond Hills Plaza PROPERTY County Hills Holdings LLC c/o Sarofim Realty Advisors, OWNER(S): 8115 Preston Road Suite 400 Dallas TX 75225 APPLICANT: Matt Jeng 713 W. Duarte Rd. Arcadia, CA 91007 LOCATION: 21349 Cold Spring 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 Conditional Use Permit No. PL 2011-86 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant 6 Planning Commission Resolution No. 2012 -XX 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 Conditional Use Permit No. PL 2012-86 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. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval 9. The applicant shall comply Building and Safety Divisions Department. B. FEES/DEPOSITS with the requirements of City Planning, , Public Works Department, and the Fire 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as 7 Planning Commission Resolution No. 2012 -XX 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 Conditional Use Permit No. PL2012-86 shall expire within two (2) years frorn the date of approval if the use has not been exercised as defined per DBMC 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. 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. Fire sprinkler plans shall be approved by LA County Fire Department prior to frame inspection. 4. 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. 5. 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. 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. 8 Planning Commission Resolution No. 2012 -XX 7. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 8. This project shall comply with the energy conservation requirements of the State of California Energy Commission. 9. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(0). 10. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Existing components shall be upgraded to current code per CBC 1134B.2.1. 11. "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 12. Plumbing fixtures is based on CPC 412.3 exception 3. Any changes to layout may be subject to upgrade of plumbing fixture count per CPC T- 4-1 and 412.3. 13. AQMD notification is required at least 10 days prior to any demolition. 14. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. 15. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 16. The existing bathroom must be completely accessible and if there are any deficiencies, shall be upgraded to current accessibility standards per CBC 1115B and 11348.2.1: 17. Existing accessible parking shall make and necessary upgrades including signage to meet current accessibility standards per CBC 1129B and 1134B.2.1. mm 9 Planning Commission Resolution No. 2012 -XX. ANODA DI,sRDN COMHER[IPL 0 RES.N..NT.PlM DIGN , '1. T..IM0, lPX nd � -tI: da,I-u No. Oote Rev W/18/2012 CVPSREV- Bt➢G 0 BIDI" 8 t7 L OX PINE EDU Attachment �a m lW z 2 0 U � LD a W Z z J FH LD d 2 � a TUTORING CENTER 0 7 M 21349 COLD SPRING LN., DIAMOND BAR, CA 91765 I RECEPTION AREA f 1 STUDY ROOM - „L g APPXCANTTMADFTA INC CONTACT:RTE JENO PFRUECTSVMMMY: CONVERTEUMIXOOFFICETOTOTORIXOCENTER TOTAIAREA 1A2]S.F. RECEPTION q bESKgy.tO"N. .!b,j F.. ,y h � nsw.OVARTERO.,pGdB3 ggcAOIACAetom IF.: (SBI TYPE OFCONSTRVCTION: VA AFIRE SPRIXXIEREO) IS , Q' . OCCUPANCYIYPE B Q, o oIlsl; a MIN. PL F y M U EXCE"ON 3.INBUSI PERCPC4IR.S,E%CEP110N9: IN BUSINESS AND MERCANTILE r"4 OCGVPANIES WNNATOTALAREA OF I$W SF.ORLESS, ONE(1)TOI ET ♦" ., �' �' " ro o- FAC0.RY, OESIGNEO FOROSE BY NOMORE TINH ONE(1)PERSOHATA TIME. SNAV. SATISFY THE REQ DINEFOR SERVING COSTOMERSPA9 osti EMPLOYEES OF BOIN SEXES. y OCCUPANTLOAOFXMIATION: 1,u39E.9y ILO $E OROSS PE0.PENSON=1I RERSQYS _PE ONLYONED)EXRREOWRED. J OFFICE CLASSROOM91 Cy It Os PROJECT D m `ted VICINITY MAP ur" ` 3 PROJECT CONTACTS ;: 2 PROJECT SUMMARY kc -TAY -Cl -F(��O-Q 2925... 2797 .tt1Nf LOGNGEAREA CLASSROOM tl3 I ix u N ii 1 U Fa Sts CIMART e=� B ✓' v y tl aJ?� �e1-1 I 2751 - SFLO yTl V,.,i �) o D ` - rI I o II IT -- T r Grp Im a - , ' IS (E) HC PARKI D -I x,366 5 . ...__ _ -t a 1, 21337 �+ g y 341 I� 21393 STORAGE CLASSROOM o 2J f3' L E HCP+ETH ,ISI 2/ 21335 1 nam _-0TRAVEL �;'.I 7J III a a I l I I � � � I r I 4 a CLASSROOMR7 STORAGE � � �„� I s�pn Diamond Bar Boulevard Number Tenant Name SF Rate Number Tenant Name SF Rate Number Tenant Name SF Rate 2709 KFC 2,473 2775A Soma Music 1,214 2837 Starbucks 1,754 -i 2711 Burger King 3,240 2775B Red Persimmon Nail 1,214 2839A Kobe Tofu Grill 2,205 ;o LEI RESIRoOM LUNCHROOM m - 2751 OrchePia Music 10000 2777 Pho Hana Restaurant 1,759 28398 VACANTIRestaurant 1,408 DO 2753 A VACANT 2,300 2779 VACANTIRestaurant 2,999 2841 A & B Smiles Dentistry 3,038 2753 B VACANT 2,200 2783 HSBC Bank 2,600 2841C BBQ Chicken 1,373 2781 Bora Clothing 2,400 2843 AAA Auto Insurance 20,560 2755 Total Image Salon 900 2757 Kumon 900 2785 Radioshack 2,920 21335 YIC Tae Kwon Do 31142 2759 Tea Rush 903 2797 Rite Aid 21,440 21341 Hair Masters 910 - 2761 Cherry on Top 1,112 2801 Palace Beauty 2,400 21343 Sakura Foot Massae 11138 t8 -t7 2763 Good Times Cafe 1,698 2803 Shabu Station 2,400 21345 VACANT 1,395 21347 GNC 1,194 2767 Mc G's Pizzeria 907. 2807 Cleaners 1,600 1,212 Restaurant A &Optomet r Bank 2,066 4' 2769 Optometry 1,214 28P5 SuperH Mart 45,000 21385 Yard PENDINGIDe4 are i 450 2773 Shiseido Cosmetics 1,214 2825A Bank of America ATM 150 FLOOR PLAN a 5 SITE PLAN "-T 4 r_B ANODA DI,sRDN COMHER[IPL 0 RES.N..NT.PlM DIGN , '1. T..IM0, lPX nd � -tI: da,I-u No. Oote Rev W/18/2012 CVPSREV- Bt➢G 0 odea: oz/za/zmz ...I'd By 4B :«BrM SITE PLAN/ VICINITY MAP / PROJECTINFO Shee, Na A-1 BIDI" H OX �a m lW z 0 U � LD a W Z z J FH LD d 2 � a 0 7 M N odea: oz/za/zmz ...I'd By 4B :«BrM SITE PLAN/ VICINITY MAP / PROJECTINFO Shee, Na A-1 PLANNING 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: 7.2 MEETING DATE: May 8, 2012 CASE/FILE NUMBER: Conditional Use Permit No. PL 2012-44 PROJECT LOCATION: 2753A S. Diamond Bar Blvd., Diamond Bar, CA 91765 (APN 8285-020-043) PROPERTY OWNER: Country Hills Holdings LLC C/o Sarofim Realty Advisors Co. 8115 Preston Road, Suite 400 Dallas, TX 75225 APPLICANT: Matt Jeng 713 W. Duarte Rd. #G303 Arcadia, CA 91007 Summary The applicant is requesting a Conditional Use Permit to allow a fitness studio (doing business as Happy Dance Fitness) in an existing 2,300 square -foot unit located towards the north end of Diamond Hills Plaza. A Conditional Use Permit is required for health and fitness facilities in the C-2 zone. The existing unit is currently vacant. The applicant proposes to provide instruction in "Zumba," a Latin dance -inspired fitness program. The applicant is proposing to operate Monday through Saturday. The proposed studio is compatible with other existing businesses at Diamond Hills Plaza, and shares similarities with uses such as the music schools and the taekwondo studio. After evaluating the application, it is staff's conclusion that the proposed Conditional Use Permit application complies with the City's development standards and that the required Conditional Use Permit 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. PL2012-44, subject to the conditions of approval contained in the attached Resolution: BACKGROUND: The applicant proposes to occupy an existing 2,300 square -foot unit located at the north end of Diamond Hills Plaza, a 17.2 -acre shopping center located at Diamond Bar Boulevard between Cold Spring Lane and Fountain Springs Road. The shopping center consists of retail, restaurants, fast-food take-out, professional offices, an AAA office building (under separate ownership from the remainder of the center) totaling 166,922 square feet of floor space, and a new 36,142 square -foot, three-story professional office building at the north end of the center. The shopping center developed incrementally over time since the early 1970s. In 2008, the first phase of a major renovation was completed at Diamond Hills Plaza. The planned build -out of the renovation included an exterior facade remodel for the former theatre building and removal of two buildings at the southerly end of the center (the currently proposed freestanding daycare building and a multi -tenant shop building) to facilitate the construction of a three-story medical office building. A two-story retail/office building was also approved on the vacant pad at the north end of the shopping center. In 2009, the three story medical office and two story retail/office building projects were terminated, and the Planning Commission approved plans to renovate the existing two buildings instead. In addition, the Planning Commission approved the demolition of the theatre building and the construction of a new inline shop building in its place. On February 15, 2011, a new three story professional office building was approved by the City Council in place of the two story retail/office building and is currently under construction. The project site is legally described as Lot 9 of Parcel Map No. 247-28-31, and the Assessor's Parcel Number (APN) is 8285-020-043. Site and Surrounding General Plan Zoning and Land Uses DesignationGeneral Plan District Retail, Office and Restaurant Site General Commercial C_2 S Uses North Low -Medium Density RLM Single -Family Residential Residential South Medium High Density RMH Multi -Family Residential Residential East Rural Density Residential RR Sin le-Famil Residential West Low -Medium Density RLM Single -Family Residential Residential Conditional Use Permit No. PL 2012-44 Page 2 of ti J fes: � .� w ,�"• 4 f SL RLM l C t Y l x> J`' d4e ZAf C2 RR 14411 '-f - le 4t tir, RLMAX 0 �,�� <J 3`a�� �,� ♦�. RMH 4 All V4 Am Monday Tuesday Wednesday Thursday Friday Saturday Review Authority (Diamond Bar Municipal Code (DBMC) Section 22.58) A Conditional Use Permit (CUP) is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. The C-2 zone requires approval of a CUP for a health and fitness facility. 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, if the owners of the proposed Zumba fitness studio were to close the business after it has begun operating, a new tenant could locate in the space and operate the same type of business. The new tenant would be required to comply with the same conditions as the previous tenant and would not be permitted to expand the studio without full review and approval by the Planning Commission. Parking and Circulation Shopping centers over 50,000 square feet in size are required to provide one parking space for every 300 square feet of gross floor area. Diamond Hills Plaza and the AAA office building (under separate ownership), the new three-story professional office building, as well as the recently approved child daycare center have a shared parking agreement. The existing gross floor area of the shopping center excluding the AAA office building is 183,056 square feet, therefore, requires 690 parking spaces. The AAA office building is 20,000 square feet, therefore, requires 50 spaces. A recycling facility occupies 3 spaces, and there are specialized education and training uses as well as foot massage services that generate additional parking demand. The proposed Zumba fitness studio requires a minimum of 17 parking spaces per the Development Code. There are 926 spaces provided on-site, and will exceed the requirement by providing a surplus of 166 spaces. However, based on the business proposal, there will be a maximum of 42 persons at the location at any one time. Because there is a surplus of parking spaces, staff does not foresee any parking issues resulting from the proposed use. Conditional Use Permit No. PL 2012-44 Page 4 of 6 Parking Requirement When reviewing parking. impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services, retail, and specialized education and training uses. The different uses result in a range of peak business hours and parking demands. A supplemental traffic and parking assessment was prepared by Linscott, Law & Greenspan for the recently approved child daycare center. This assessment stated that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. Since the proposed fitness studio requires 42 additional parking spaces, staff does not foresee any parking supply or traffic and circulation issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed fitness studio. Staff reviewed the application and determined that a separate traffic and parking analysis would not be required because the intensification to the center would be negligible. In addition, the existing parking supply is adequate and can accommodate the proposed fitness studio. Compatibility With Neighborhood The shopping center has a numerous diversity of uses, including a grocery store, restaurants, professional offices, an AAA office building, and other retail and service uses. In addition, there are three specialized education businesses located at Diamond Hills Plaza: Soma Music School (approved on November 14, 2006), Orchepia School of Music (approved on Conditional Use Permit No. PL 2012-44 Page 5 of 6 Parking Parking Sq. Ft. Parking Ratio 1/300 square feet Required 381 ProvidedUse Shopping Center 114,325 Fast Food 7,467 1/100 sq. ft., plus 1/100 75 outdoor dining Sakura Foot Massage 1,138 1/300 sq. ft. plus 1 per 8 employee Tae Kwon Do Martial 3,142 1 space per 150 sq. ft. 29 Arts and 1 per employee Music Academy 10,200 1 space per 200 sq. ft. 67 plus 1 eremployee AAA Office 20,000 1/400 sq. ft. 50 Recycling Center N/A N/A 3 Three Story Office 36,134 1/400 sq. ft. 90 Building 1 space per 10 children, Child Daycare Center 7,450 plus 1 space for each 25 employee Kumon Learning Center 900 1 space per 200 sq. ft.lus 20 1 per employee Proposed Happy Dance 2,300 1 space per 150 sq. ft. 42 Fitness and 1 per employee Total 203,056 790 926 When reviewing parking. impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from restaurants, offices, personal services, retail, and specialized education and training uses. The different uses result in a range of peak business hours and parking demands. A supplemental traffic and parking assessment was prepared by Linscott, Law & Greenspan for the recently approved child daycare center. This assessment stated that the peak hours and parking needs do not conflict with existing uses, allowing for adequate parking for each use within the shopping center. Since the proposed fitness studio requires 42 additional parking spaces, staff does not foresee any parking supply or traffic and circulation issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed fitness studio. Staff reviewed the application and determined that a separate traffic and parking analysis would not be required because the intensification to the center would be negligible. In addition, the existing parking supply is adequate and can accommodate the proposed fitness studio. Compatibility With Neighborhood The shopping center has a numerous diversity of uses, including a grocery store, restaurants, professional offices, an AAA office building, and other retail and service uses. In addition, there are three specialized education businesses located at Diamond Hills Plaza: Soma Music School (approved on November 14, 2006), Orchepia School of Music (approved on Conditional Use Permit No. PL 2012-44 Page 5 of 6 May 11, 2010), and Y.I.0 Taekwondo (formally Olympian Taekwondo approved on September 14, 2004). As such, the operational characteristics of the proposed fitness studio are compatible with the existing uses in the shopping center. Additional Review The Public Works Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site on April 27, 2012, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on April 27, 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. PL2012-44, to allow a Zumba fitness studio, based on the findings of DBMC Section 22.58, subject to conditions of approval as listed within the draft resolution. Prepared by: Natalie Tobon Planning Technic) n Attachments: Reviewed by: Grabe Senior Planner 1. Draft Resolution No. 2012 -XX and Conditions of Approval 2. Site Plan and Floor Plan Conditional Use Permit No. PL 2012-44 Page 6 of 6 PLANNING COMMISSION RESOLUTION NO. 2012 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2012-44, TO OPERATE A FITNESS STUDIO IN AN EXISTING 2,300 SQUARE -FOOT LEASE SPACE WITHIN DIAMOND HILLS PLAZA, 2753A DIAMOND BAR BLVD., DIAMOND BAR, CA (ASSESSOR'S PARCEL NO. 8285-020-043). A. RECITALS 1. Property owner, Country Hills Holdings, LLC, and applicant, Matt Jeng, have filed an application for Conditional Use Permit No. PL 2012-44 to operate a fitness studio ("Proposed Use") in an existing 2,300 square - foot commercial lease space located in the northerly portion of Diamond Hills Plaza. The project site is more specifically described as 2753A Diamond Bar Blvd., Diamond Bar, Los Angeles County, California ("Project Site"). 2. The subject property is comprised of 20 parcels totaling 17.2 acres. It is located in the Community Commercial (C-2) zone and is consistent with the General Commercial land use designation of the General Plan. 3. The legal description of the subject property is Lot 9 of Parcel Map No. 247-28-31. The Assessor's Parcel Number is 8285-020-043. 4. On April 27, 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 700 -foot radius of the Project site and public notices were posted at the City's designated community posting sites on April 27, 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 May 8, 2012, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing to consider the Proposed Use, 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. 2. The Planning Commission hereby determines the Proposed Use to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. Therefore, 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 22.58 this Planning Commission hereby finds and approves as follows: Conditional Use Permit Review Findinqs (DBMC Section 22.58) 1. The Proposed Use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code; Pursuant to DBMC Section 22.10.030, Table 2-6, a health and fitness facility is permitted in the C-2 zoning district with approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the proposed use will be compatible with neighboring uses in the shopping center. 2. The Proposed Use is consistent with the general plan and any applicable specific plan; The Proposed Use is consistent with General Plan Strategy 1.3.3: ("Encourage neighborhood serving retail and service commercial uses") in that the proposed learning center meets Strategy 1.3.3 because the proposed learning center provides services to Diamond Bar residents. The Project Site is not subject to the provisions of any specific plan. 2 Planning Commission Resolution No. 2012 -XX 3. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity; The Proposed Use is located within a multi -tenant shopping center occupied by various restaurants, office, and similar uses such as two music schools and a taekwondo studio. As such, the operational characteristics are compatible with the existing uses within the shopping center. Through compliance with the conditions of approval stipulating the manner in which the use must be conducted, the Proposed Use will be compatible with the other uses within the shopping center. 4. The subject property 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; The Project Site is located within an existing commercial shopping center that currently has similar uses such as two music schools, taekwondo studio and a recently approved child daycare center. The Proposed Use is physically suitable with the subject site because it will be located in an existing building and no additional square -footage is being proposed. Additionally, the Proposed Use is intended to operate within an existing shopping center and will be using existing access and parking in the existing shopping center. 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; and Prior to the issuance of any city permits, the Proposed Project is required to comply with all conditions of approval within the attached resolution, and the Building and Safety Division. 6. The Proposed Use has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The Proposed Use is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(a) (Interior alterations involving partitions and electrical conveyances) of the CEQA Guidelines. 3 Planning Commission Resolution No. 2012 -XX D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission. hereby approves Conditional Use Permit No. PL2012-44 subject to the following conditions: 1. The establishment is approved as a fitness studio as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2012-44 dated May 8, 2012, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to a physical fitness studio. 2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. 3. This Conditional Use Permit shall be valid only for 2753A Diamond Bar Boulevard, as depicted on the approved plans on file with the Planning Division. If the proposed use moves to a different location or expands into additional tenant spaces, the approved Conditional Use. Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire without further action by the City. 4. No changes to the approved scope of services comprising the use shall be permitted unless the applicant first applies for an amendment to this Conditional Use Permit, pays all application processing fees and receives approval from the Planning Commission and/or City Council. 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 owners, Country Hills Holdings LLC, c/o Sarofim Realty Advisors, 8115 Preston Road, Suite 400, Dallas, TX 75225; and applicant, Matt Jeng, 713 W. Duarte Rd. #G303, Arcadia. CA 91007 4 Planning Commission Resolution No. 2012 -XX APPROVED AND ADOPTED THIS 8TH DAY OF MAY 2012, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. W Jimmy Lin, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of May 2012, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 5 Planning Commission Resolution No. 2012 -XX COMMUNITY DEVELOPMENT DEPARTMENT USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2012-44 SUBJECT: To allow a fitness studio in an existing 2,300 square -foot unit located towards the north end of Diamond Hills Plaza PROPERTY County Hills Holdings, LLC, 8115 Preston Road, OWNER(S): Suite 400, Dallas, TX 75225 APPLICANT: Matt Jong, 713 W. Duarte Rd. #G303, Arcadia, CA 91007 LOCATION: 2753A Diamond Bar Blvd, 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 Conditional Use Permit No. PL 2012-44 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant 6 Planning Commission Resolution No. 2012 -XX 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 Conditional Use Permit No. PL 2012-44 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. The business owners and all designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as 7 Planning Commission Resolution No. 2012 -XX 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 Conditional Use Permit No. PL2012-44 shall expire within two (2) years from the date of approval if the use has not been exercised as defined per DBMC 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC Section 22.60.050(c) for Planning Commission approval. 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. Where fire sprinklers existing, LA County Fire Department approval is required prior to frame inspection. 3. 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. 4. 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. 5. 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. 8 Planning Commission Resolution No. 2012 -XX 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. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 8. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. 9. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the Title 24 accessibility requirements. Existing components shall be upgraded to current code per CBC 11348.2.1. 10. "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 11. Number of plumbing fixtures shall be in compliance with CPC T-4-1. 12. Specify location of tempered glass as required by code. 13. 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.orq. 14. AQMD notification is required at least 10 days prior to any demolition. 15. All workers on the job shall be covered by workman's compensation insurance under a licensed general contractor. 16. Any changes to approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 9 Planning Commission Resoldon No. 2012 -XX 5'-Q„ a 0 (TENANT IM,,PROVEMENT ( NCE I' • i:'' i i 1 • I:' APPLICANT: ANOKIA, JIC. CONTACT: MATT JENG 713 W. DUARTE RD., OG303 ARCADIA, CA 91007 TELEFAX: (888) 765-8982 IT, RAVEL. i B -:i. .", 1 i Tl ....... . .. RAVEL. 17 ...... Z473 M KFG m ust. R _4 283T Star backs Burger Kin 32,40 27; Rad'F4rolm Mill 12-14 sa4b� m r. . ............ 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WOO -282: per H.Mdrt 46.1*.0.06 .277a .28ZA nk- OfAmerica AT .5.0 «2 -,LL a - i i «2—,LL „0—,�L CN W w r O i \ g a w a =Z Q w o O w a O ¢ 5i Q O O a= mC0 Jm N O, MO, > W z X O F �m W v �p< a - i i «2—,LL „0—,�L 11 Z BUJ O� OC�(n W z In C' Z W Z 2i> J Q=TUU QU = J O F- U W Z Z O ma0z�} dfL 0 (L < U aaU II Z II II II II 2 II 2U KU LLXaLLQU N U m m m m m m m m m C C c 0 0 0 0 0 0 0 0 0 0 a a a a a a a a a N O:n�amCOc@UnmN{CNCOpCmTCC-I OmCcUn@NFCNNCCmN(I O mCc0vnmJa :3naOLmc.ivQ@UCNCC@rNnI" :3.anQmCSJc@UanmNaNGNCOJdC@QZGI :3HaoQmCc@UamNCNCCmNpQI :a3aoCcmdFUQ@NCNGC@QNmI :3aLnmCc@ULYHa@NCNGC@QnocTI U 0 0 0 0 0 0 macwvvNCi o n a U) m a m m a J" aN NCONCCmNaI n E n E n E Q E Q E E E E E 0 O UO O UO UO O o O O O O o O O U O O O o O o O o C@E 0 0 0 0 0'0 0 '�wCmoC iVCm-w '✓C@aom wm0 _arNNOa>mN _a'r7Na>N' E E E E E E a E o E .a Qo no nvo o`o`o` o 0 4 QC QC Q C Q.0 Q Q C Q.9 o Q C QQ Q U to O Oo • iN 1 Q -DL ' z . dz 0 Z Z Z z C9 Z (7 O w m 'T c�nv��DC CS . O O a a a a oa No a ¢ cc p O O D O C) C) L O OawWZO0 K� =co ° ° Co Wa _W 0 0mN C p m J W J J m @'C a �'r� C N E U N O -0 Q X U a 0 W 1 O W O >, U ~ N > E 3U o U N U LL aU O O O N _m N O U C 42 m Z U c D@ aj z m o U m B c O C� o U i Z rn '�= Q .n z .- U@ E � @ N V o Q 0 -o m 3 c0 0 3 ro= o_,u 3 a d' V c M C N] C Z a N N <D O N N N M m N X .G N a 7 N J I N O Q U Z W d Q Z M K N m Z M U M M W— -U ` Z N Q 2' N I. N N Z BUJ O� OC�(n W z In C' Z W Z 2i> J Q=TUU QU = J O F- U W Z Z O ma0z�} dfL 0 (L < U aaU II Z II II II II 2 II 2U KU LLXaLLQU u m a z Z w }FUaN'mNm w ma~Z LLJ ZOOw LLO Sl aJw}O 6Z� NnmCcU_aa@}�NccZIZ .=_ :3a¢mCC��Udd@m�U9NCppIm �` :3aNE 0 m c c c c c c O O O O O O O 0 0 n¢o O O OOO O`mGO a o a aE E E E F cU_aa@E O O UO O O O CC CCCC O O O O O O O O O O O OC O oO O O O O O NcZCnI� � aaZ> m c' m w @ m . E U E .2 E L) E P E .0 E L) E oao aa4oavo a a o o O > m w 2 Y W m Z Z Nc�@3p m � O 4 O O O O N O aW J d J J J d d J a a a C� a tt of v :D D� uOD0000 00c .c o UJ N N N N N O W y 0 C U_ ° Df 0 EIL 3 swo m c c U L N Qf U ll Vl .� N U U N@ OJ O Ul 16 N W 0 O M N N'p OJ N U N U NM N 7< N. Z d. d N Z N¢ N Z a- Z d Z N m N¢ N Z. 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 May 8, 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 May 3, 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 May 3, 2012, at Diamond Bar, California. STella Marquez Community Development epartment CD:\zstelIMail idavitposting.doc