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HomeMy WebLinkAbout03/12/2013 PC AgendaPLANNING FILE COPY COMMISSION AGENDA March 12, 2013 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 I/ 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. WL' NR 8M M4 i:m Please refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar uses recycled 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, General Agendas (909) 839-7030 email: info(a)ci diamond-bar.ca.us Cassette Tapes of Meetings (909) 839-7030 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, March 12, 2013 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2013-06 1. ROLL CALL: COMMISSIONERS: Chairman Jimmy Lin, Vice Chairman Steve Nelson, Frank Farago, Jack Shah, Tony Torng 2. REORGANIZATION OF PLANNING COMMISSION: Selection of Chairman and Vice Chairman. 3. 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. 4. APPROVAL OF AGENDA: Chairman 5. 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: 5.1 Minutes of Regular Meeting: 6. OLD BUSINESS: None. 7. NEW BUSINESS: None. 8. CONTINUED PUBLIC HEARING(S): February 26, 2013. 8.1 One Year Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 — Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant, Joe Kwok, submitted a request for a one year extension of time to begin construction on a nine -unit residential condominium project on a 0.62 acre lot. The project was approved MARCH 12, 2013 PAGE 2 PLANNING COMMISSION AGENDA on November 20, 2007, with a three (3) year time frame to obtain building permits and begin construction. On February 4, 2011, the project was approved for a one-year time extension, and on April 3, 2012, the project was approved for an additional one-year time extension. (Continued from February 26, 2013) Project Address: 23671 Golden Springs Drive Property Owner: GSDB Investment LLC 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 Applicant: Joseph Kwok 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City Council adopted Negative Declaration No. 2007-03 on November 20, 2007. No further environmental review is required to extend the time limit for the approved project. Recommendation: Staff recommends that the Planning Commission recommend that the City Council approve the One Year Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 9. PUBLIC HEARING(S): 9.1 Conditional Use Permit No. PL2012-1107 — Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant, U.S. Arts & Design, and the property owner, Kenny Yu, are requesting a Conditional Use Permit to operate a 2,600 square -foot art school within Golden Springs Plaza, a 52,460 square - foot center. The subject property is zoned Regional Commercial (C-3) with an underlying General Plan land use designation of General Commercial. Project Address: 20657 Golden Springs Dr., Unit 210 Property Owner: Kenny Yu 20657 Golden Springs Dr., Unit 102 Diamond Bar, CA 91765 MARCH 12, 2013 PAGE 3 PLANNING COMMISSION AGENDA Applicant: U.S. Arts & Design 17412 Colima Rd. Rowland Heights, CA 91748 Environmental Determination: The 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 Article 19 under Section 15301(a) (interior alterations involving such things as interior partition, plumbing, and electrical conveyances) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. PL2012-1107, 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: 10.1 Public Hearing dates for future projects: 12. SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: CITY COUNCIL MEETING: STATE OF THE CITY ADDRESS: PLANNING COMMISSION MEETING: Thursday, March 14 - 7:00 p.m. Diamond Bar City Hall Windmill Community Room 21810 Copley Drive Tuesday, March 19, 2013 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, March 21, 2013 — 6:00 p.m. Diamond Bar Center 1600 Grand Avenue Tuesday, March 26, 2013 Diamond Bar City Hall Windmill Community Room 21810 Copley Drive MARCH 12, 2013 PARKS AND RECREATION COMMISSION MEETING: 13. ADJOURNMENT: PAGE 4 PLANNING COMMISSION AGENDA Thursday, March 28, 2013 Diamond Bar City Hall Windmill Community Room 21810 Copley Drive _1 D -1 A FT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 26, 2013 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: Vice Chairman Nelson led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Jack Shah, Tony Torng, Vice Chairman Steve Nelson, and Chairman Jimmy Lin. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Natalie Tobon, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of February 12, 2013. None. C/Shah moved, VC/Nelson seconded, to approve the Minutes of the Regular Meeting of February 12, 2013, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 One Year Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 — Under the authority of Diamond Bar Municipal Code Section 22.66.050, applicant Joe Kwok submitted a request for a one-year extension of time to begin construction on a nine - unit residential condominium project on a 0.62 acre lot. The project was FEBRUARY 26, 2013 PAGE 2 PLANNING COMMISSION approved on November 20, 2007, with a three (3) year timeframe to obtain building permits and begin construction. On February 4, 2011, the project was approved for a one-year time extension and on April 3, 2012, the project was approved for an additional one-year time extension. PROJECT ADDRESS: PROPERTY OWNER: 23671 Golden Springs Drive Diamond Bar, CA 91765 GSDB Investment, LLC 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 APPLICANT: Joseph Kwok 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 CDD/Gubman stated that since this matter has been advertised in the local paper and a public hearing noticed has been placed, it would be appropriate to open the public hearing in case there are any respondents to those notices and continue the public hearing to March 12, 2013. As stated in the agenda, this is an extension of time request for a nine -unit condominium project that would be a reuse of land currently occupied and used by Diamond Jim's Dairy. The reason for the continuance is that the City did not receive from the applicant in a timely manner, the mailing list for the property owners within a 500 foot radius of the property which must be mailed at least 10 days prior to the public hearing date. Because staff did not have the opportunity to get the notices out in that 10 -day period it is compelled to continue the hearing to March 12, 2013. Chair/Lin opened the public hearing. There was no one present who wished to speak on this matter. C/Torng moved, VC/Nelson seconded to continue the matter to March 12, 2013. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS Farago, Shah, Torng, VC/Nelson, Chair/Lin None None 7.2 Development Review Conditional Use Permit and Comprehensive Sign Program No. PL2012-444 — Under the authority of Diamond Bar Municipal Code Sections 22.48, 22.58 and 22.36.060, applicant Glen Ross, representing Architekton and property owner Richard Yeh, FEBRUARY 26, 2013 1"i DR AFT PAGE 3 PLANNING COMMISSION representing Country Hills Holding, LLC, requested that the Commission grant the following entitlements: Development Review approval to construct a 3,431 square foot building for occupancy and use as a bank; Conditional Use Permit approval to incorporate a 517 square foot canopy and stacking lanes to accommodate drive-through banking services; and, Comprehensive Sign Program approval for all signage associated with the bank use. The project site is located within the located on the westerly side of Dian Springs Road and Cold Springs L require the demolition of an existinc through restaurant. The subje Commercial (C-2) with an underlyinc General Commercial. Diamond Hills Plaza Shopping Center and Bar Boulevard between Fountain ne. Development of the project will 4,070 square foot Burger King drive- ct property is zoned Community General Plan land use designation of PROJECT ADDRESS: 2717 S. Diamond Bar Boulevard Diamond Bar, CA 91765 PROJECT OWNERS; Richard Yeh Country Hills Holding, LLC 8115 Preston Road, Suite 400 Dallas, TX 75225 APPLICANT: Glen I. Ross, Architekton 464 S. Farmer Avenue Tempe, AZ 85281 AP/Tobon presented staff's report and recommended Planning Commission approval of Development Review, Conditional Use Permit and Comprehensive Sign Program No. PL2012-444, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah commented that the turning radius of the drive-through lane did not appear to be sufficient. CDD/Gubman responded that the grading plan shows a turning radius of what appears to be 20 feet 7 inches to the outside curb. The inside radius is 14 feet which would appear to provide an adequate turning radius for an SUV. C/Shah was not satisfied that there was sufficient turning radius. CDD/Gubman said that the applicant can respond or staff can require that as part of the plan check submittal, the applicant provide diagrams showing turning templates for various FEBRUARY 26, 2013 PAGE 4 PLANNING COMMISSION sizes and wheel bases of vehicles that would be using the drive -though. If necessary, staff will make adjustments to the inside and outside curbs to provide the adequate turning radius. C/Shah concurred. C/Shah further commented that the allocation of parking spaces does not appear to be adequate. He asked how many parking spaces are required for the bank use and considering that the entire shopping center is filled to capacity will the last use have sufficient parking? AP/Tobon responded that the parking ratio for the bank is one space for every 300 square feet. The bank will be 3,431 square feet which would require 12 parking spaces and the site is already providing more parking spaces than required. Staff used the same parking study table that was submitted in the past but continues to update the study with all of the new businesses that come in to the shopping center and the updated version is provided to the Commission and the updated study shows that adequate parking is provided for new businesses. VC/Nelson asked if the proposed through -lane was the same size as the current drive-through lane and AP/Tobon responded that the applicant can comment on VC/Nelson's question. VC/Nelson asked if the turn radius is the same as the Starbuck's turn radius in the same shopping center. Although it is a fairly tight turn radius, VC/Nelson comfortably maneuvers his SUV through that drive-through. VC/Nelson asked if there was a walkup for the ATM. AP/Tobon confirmed that there is a walkup at the front of the bank. VC/Nelson commented that if the Commission could compare the proposed drive-through turning radius for the proposed bank to the current drive-throughs for Burger King and Starbucks it would be helpful. C/Farago asked the hours of operation for the bank and AP/Tobon responded 9:00 a.m. to 6:00 p.m. with the drive-through providing 24-hour service. C/Torng asked if the Chase signage would be visible to Diamond Bar Boulevard traffic. AP/Tobon explained that after cutting four feet the project will import dirt to fill the pad back up to its current level and the signage should be visible from Diamond Bar Boulevard. Jose Gandara, 1713 Harbor Way, Seal Beach, on behalf of Architekton and Chase, said his firm laid out the plans and are pleased to present this project to Diamond Bar. He stated that he read the Conditions of Approval and asked for a correction on the Draft Resolution which states that the signage is to exist on the south and east elevations. Staff's report is correct that the signage is to exist on the south and west elevations. With respect to the radius of the drive-through, he used the site plan with the FEBRUARY 26, 2013 PAGE 5 1PLANNING COMMISSION queue showing the inside radius of 14 feet which is acceptable to most vehicles. He would love to see the drive-through filled with 15 cars as shown, but it is very unlikely and this exaggerated example proposes to show the worst-case scenario. The inside radius is 14 feet and the outside radius is 20 feet and any one of the vehicles can enter any one of the three lanes. In the event that they cannot make the turn, the third lane is an escape lane which does not provide ATM access. There will be a "headache" bar installed which will provide oversized vehicles from entering the drive-through lane. The drive-through is intended for SUV's and large passenger cars which would typically be seen in that type of environment. With respect to parking, the bank proposed to provide 15 parking spaces, which is two spaces less than what is currently existing for the Burger King. However, the drive-through will accommodate two vehicles at a time so most customers will use the drive-through rather than park. The bank has improved on the 'existing Burger King drive-through because the existing Burger King has only one drive-through lane. The bank hours are from 9:00 a.m. to 6:00 p.m. The bank does not get any deliveries so there will be no standing trucks to provide motor noise for the residents. The drive-through hours are 24/7. The area will be well -lighted and protected with cameras. The signage is intended to address Diamond Bar Boulevard at the south and west elevations. A sign study was done and the applicant looked at the signage along Diamond Bar Boulevard to locate the signage in ideally visible locations where it would be visible from that roadway. C/Farago asked what kind of pedestrian safeguards will be in place at the three -lane exit site. Mr. Ross responded by showing the Commission the location of a striped path using the plan map. Graphics will be placed at the bottom and in addition to vertical stop signs there is a visible stop sign printed on the pavement visible to the motorists driving out of the lanes. Drivers will be required to stop before driving out. C/Farago said that potentially, there could be three vehicles stopped at that crossing at the same time which did not feel right to him. CDD/Gubman said he would use the example of a gas station at a Costco which is an example of side-by-side jockeying for exiting position. Chair/Lin asked staff to have Public Works look at the safety issue of the exiting. VC/Nelson suggested that below the stop signs the bank install "Watch for Pedestrian" signs. Chair/Lin opened the public hearing. With no one present who wished to speak on this matter, Chair/Lin closed the public hearing. FEBRUARY 26, 2013 PAGE 6 PLANNING COMMISSION C/Shah moved, VC/Nelson seconded, to approve Development Review, Conditional Use Permit and Comprehensive Sign Program No. PL2012-444. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Code Amendment and Conditional Use Permit No. PL2013-022 — Diamond Bar Municipal Code (DBMC) Section 22.10.030 requires gas stations to be located at least 150 feet from any' school in order to be eligible to sell packaged alcoholic beverages. The DBMC broadly defines "school' to include not only K-12 education but also a wide array of commercial uses including art, dance and martial arts studios, fitness training, commercial tutoring centers, and establishments that provide courses via Internet. Under the authority of DBMC Section 22.70, applicant Ryan Farsai is requesting approval to amend Table 2-6 of DBMC Section 22.10.030 to limit the above described 150 -foot distance requirement to elementary, middle, and high schools only. Concurrently, under the authority of DBMC Section 22.58, the applicant requested approval of a Conditional Use Permit to upgrade an existing Alcoholic Beverage Control License from Type 20 (Beer and Wine) to Type 21 (General) for offsite consumption in conjunction with the sale of motor fuel at an existing AMPM Mini -Mart and Arco Service Station. The subject property is zoned Neighborhood Commercial (C-1) with a consistent underlying General Plan land use designation of General Commercial (C). PROJECT ADDRESS: 3302 S. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNERS: Farsai and Farsai, Inc. 23276 S. Pointe Drive #100 Laguna Hills, CA 92653 APPLICANT: Ryan Farsai 23276 S. Pointe Drive #100 Laguna Hills, CA 92653 CDD/Gubman stated that the Commission was being asked to take recommendation action on two distinct but related requests somewhat unlike a normal land use decision that the Commission would be making I'if1d 3 R A FTru FEBRUARY 26, 2013 PAGE 7 PLANNING COMMISSION on an agenda item. The first request for a Development Code amendment has citywide applicability. This Code amendment has to do with narrowing or refining what constitutes a "school" for the purposes of determining appropriate locations for the sale of alcohol. This Code amendment would need to be in effect in order to enable the applicant to apply for a permit to upgrade the current beer and wine license to sell alcohol. Although they are different in scope, one is citywide and one is project -specific, yet both are being requested by the applicant because ultimately, the applicant would need the legislative action of amending the Code to enable the issuance of a land use permit. The Commission could potentially recommend approval for both resolutions or recommend approval for the Code amendment but say in this particular case, it does not think it appropriate to sell alcohol at the requested location. That is not staff's recommendation; however, that scenario is one of the alternatives in the recommendations that the Commission will be making as it deliberates on this two -fold matter. Chair/Lin asked why the two related issues were presented together. If this is a Code amendment how does the City advertise this matter? CDD/Gubman responded that this is addressed in state law. When a potential land use decision such as a code amendment and the scope of a planning decision is so broad it does not make sense to individually notice or expect that everyone who would be affected by something would receive a personal notice, state law allows for the publication of a larger advertisement in the local newspaper which was done in this case, and that is how staff deals with citywide applicable planning matters. SP/Lee pointed out that this is stated on Page 10 of staff's report. SP/Lee presented staff's report and recommended that the Planning Commission Adopt Attachment No. 1, a resolution recommending City Council approval of Development Code Amendment, and Attachment No. 2, a resolution recommending City Council approval of Conditional Use Permit No. PL2013-0222, based on the Findings of Fact, and subject to conditions of approval as listed within the resolution. VC/Nelson asked if staff was including both public and private schools when speaking of middle and high schools and SP/Lee responded "yes." She further stated that this includes any and all schools "with a campus setting." VC/Nelson said he believed this item should be handled as two separate motions because there is a chance it could be misconstrued as favoritism Q, k�F"'T — d� FEBRUARY 26, 2013 PAGE 8 PLANNING COMMISSION with respect to this particular project. VC/Nelson recommended that the Commission consider the Code amendment first and the project second. Chair/Lin concurred. C/Torng asked if the ampm mini mart location violated the current code because there is no school within 150 feet. SP/Lee responded that there are no grade schools, per se, but there are private learning facilities such as tutoring centers. C/Torng said he thought the rule was 600 feet and SP/Lee responded "no." SP/Lee explained that the existing Beer and Wine License at 3302 S. Diamond Bar Blvd. is "grandfathered" in. C/Torng asked if there was any school within 150 feet of the ampm mini mart and SP/Lee explained that there are no public schools but there are private learning facilities. C/Torng said he believed the Montessori School is more than 150 from the project. C/Torng asked if the shopping center across the street from the project was within 150 feet and SP/Lee responded "yes, it is approximately 100-110 feet." To answer C/Torng's question about the liquor store at the corner of Pathfinder Road and Brea Canyon Road, CDD/Gubman explained that existing locations are grandfathered, and the liquor store in question was in existence prior to the 2000 ordinance that set forth the 150 foot distance limitation. In fact, the ordinance that was passed applied only to alcohol sales from gas stations. Although a liquor store still requires a Conditional Use Permit, the real intent of the year 2000 ordinance was to ensure that the Chevron Station across the street from Diamond Bar High School could not apply for a Conditional Use Permit. It is reasonable to surmise that without the year 2000 ordinance and that station having applied for a license, because of parent and school district objections, that permit would probably be denied by the Planning Commission or upon appeal, by the City Council. With or without this ordinance being in place, there is still the controlling factor of the Conditional Use Permit in looking at specific sites and for the Commission to determine, through that permit process, whether it is appropriate or whether there are land use conflicts that would say that this is not the right place to allow alcohol sales to occur. C/Torng said he felt that in this instance it was okay because it was across the street and he did not believe students would walk across the street. He said he believed the 150 feet should be reconsidered at different locations because if it is in the same plaza, 150 feet is not that far away. The private schools are for young students and the adults can go out anytime they wish. He said that was his major concern. Chair/Lin said he believed that 150 feet was from property line to property line and not building to building. He said he believed that Diamond Bar FEBRUARY 26, 2013 PAGE 9 PLANNING COMMISSION Boulevard was about 100 feet of right-of-way and that is why even the properties across the street are within 150 feet. SP/Lee stated that Chair/Lin was correct. Ryan Farsai, applicant, representing Arco ampm of Diamond Bar. He thanked the Commission for its support of the small business owners and for considering this evening's request. His family bought into this business in 1992 and has owned the property since 2003. In 2004, he and his brothers became operators of the station and their mother is their landlord. The reason the Code Amendment change is being made is because of the neighborhood center across the street from the project which consists of five big buildings and is 110 feet from the subject property line. The property across the street includes the Montessori School which has students from age 0 to 5 and after school programs. The reason for the request is that it is not possible to sell alcohol to children aged 0 to 5 and he believes that a definition of this school is one in which parents drop off their children in the morning and pick them up in the afternoon. The children have recess and lunch periods on their campus. His business has a perfect 20 -year track record with ABC. With respect to the 110 foot property line, there is a secured fence protecting that property because it adjacent to the SR57 northbound. The students would have to leave the building, go all of the way around to the driveways and those driveways are 275 feet and 325 feet respectively from his building. In addition, he was concerned about the Montessori School and if the school included elementary, junior high and high school and students were arriving and departing without adult supervision, it would be a concern. However, that is not the case for his location. Mr. Farsai stated that with respect to the CUP, the site has been operating since 1992. In the years 1993 to 1997 this business paid for his college education. The station was pumping 500,000 gallons per month and is now doing 250,000, a 50 percent reduction. The site is currently generating in about $12 million taxable dollars for the City but since the oil spill in 2010 there has been an eventual downfall of BP and eventual mass US divestiture of assets including the ARCO brand, the refinery and distribution rights to over 700 sites in southern California. There is currently a pending sale by BP/PLC to Tesoro which is a refiner based out of EI Paso Texas and as a result, he will get less profit on the gas. As a result of these impending events, his business is taking a proactive stance to create revenue to improve the business. Profits are down and he is competing with big supermarkets that are now offering gasoline and other products at lower prices. He feels his site offers a good atmosphere for sale of alcohol which will. provide a convenience for his customers on a 24/7 basis. His business has been awarded a priority application for an upgrade by ABC. He hopes the NFL Stadium will come to fruition and in m ere FEBRUARY 26, 2013 PAGE 10 PLANNING COMMISSION anticipation of future growth he is doing his best to prepare for this eventuality. He estimates a 25 percent growth in revenue from the sale of alcohol and a 30-40 percent growth in alcohol and another 15-20 percent growth in the store with an NFL Stadium. He thanked staff for helping him through this process. VC/Nelson said that intuitively, to sell any kind of liquor at a gas station makes no sense ever. The reality is that people who want to drink will get it whether it is sold at a gas station or not. When talking about people or children potentially coming to buy alcohol, and Mr. Farsai is talking about pre-school age, it is ridiculous turning down his application. No five year- old will walk into Mr. Farsai's store and say he wants to purchase alcohol, for example. As far as the stadium possibly being developed nearby, most people he knows that tailgate bring their alcohol with them and do not stop off and buy alcohol at an ARCO station or liquor store so he does not see that as a problem. In terms of a code for the City VC/Nelson believes there needs to be a Code for the City, but when you break it down, a person can run 150 feet in five seconds and can walk it in less than a minute to purchase alcohol. Therefore, he believes that 150 feet is a silly number and a more appropriate number would be a quarter of a mile which he is by no means suggesting. But the honest answer is that if some kid wants to hop the fence of a high school and go and get liquor, under the current restrictions, he can do it in less than one minute if he has a fake ID. He believes the City needs a Code but does not personally believe it is meaningful and to apply it in this situation makes no sense to him whatsoever. VC/Nelson said he had no problem with Mr. Farsai's project. C/Shah congratulated Mr. Farsai on a very detailed and well-prepared presentation. He said he agreed with VC/Nelson that 150 feet did not make sense. Alcohol is alcohol as far as he is concerned. Chair/Lin opened the public hearing. With no one present who wished to speak on this matter, Chair/Lin closed the public hearing. C/Farago asked CDD/Gubman about the definition of the school because the Code currently reads from any school, elementary, middle and high school which would include private schools and asked if there was any way to clarify that in this instance. CDD/Gubman said the City did not want to say it was applicable to only private schools or only to public schools. There are potentially private schools and one example in the City is the Institute of Knowledge, the Islamic School at the end of Via Sorella which is a private school that has grades K through 12. Staff did not want FT) FEBRUARY 26, 2013 PAGE 11 PLANNING COMMISSION to distinguish between a public and private school because their operating characteristics can be somewhat similar and staff believes that the intent when this regulation was originally written was to reduce the opportunity for students that have the mobility to move on and off campus without parental or adult supervision to be exposed to a retail establishment that is advertising and/or selling alcohol. C/Farago said he understood the point of the regulation, his question was if CDD/Gubman believed that the way it was written now included both private and public without it so stating that fact because that will be a deciding factor when he votes. CDD/Gubman said the language could be amended to say public and private to take away any ambiguity and C/Farago felt that would be beneficial. C/Torng asked if this amendment was passed if it would apply to gasoline stations, liquor stores and grocery stores. CDD/Gubman responded that was not correct. For alcoholic sales in conjunction with motor fuel, this is the only type of off-site alcohol retail establishment that this existing Code applies to and staff did not attempt to debate or re-evaluate whether 150 feet makes sense or whether this footnote that applies only to gas stations makes sense. It is what is in the Code, and in light of the fact that the City has this regulation and the way it is written that says it applies to a gas station 100 feet from any school, and any school includes a Pilates studio so that is what is constraining this business enterprise from being competitive, staff can understand the proximity concern with schools and children that have independent mobility but what staff does not understand is the issue with applying that distance restriction in light of the very, very broad definition of "school' in the Code which would include a Curves Fitness Center, for example. Staff is attempting to get away from the issue of whether it makes sense for this restriction to apply only to gas stations and not to liquor stores and grocery stores because that could be a debatable issue for another time. The same holds true with the 150 foot rule. Staff is attempting only to be very surgical in its recommendation which does not want to get into the 150 feet debate or the "why does it apply to gas stations and not liquor stores or grocery stores" debate, staff is merely saying why does it apply to any school when in Diamond Bar there is an exponential growth of tutoring centers that is going to zone out every other type of use unless the language becomes more precise about what the existing restriction was meant to apply for. C/Torng said that if for example, the Chase Bank location at Diamond Hills Plaza were to become a liquor store and at the same plaza there existed a number of tutorial schools, in his mind he would try to minimize the situation under that condition. However, that same condition is very difficult to apply to this project. CDD/Gubman said that one thing to remember is that even if the Chase Bank converted to a liquor store it would require a Conditional Use Permit and while they are not excluded FEBRUARY 26, 2013 PAGE 12 COMMISSION from applying for a Conditional Use Permit there, the Commission could deny that use permit because it may find that a liquor store is not a compatible use in the middle of the center near an Orchepia School of Music or just the exposure of the advertising or whatever other land use conflicts one might find to exist if the liquor store were located in that setting. Chair/Lin said that the amendment under consideration would include a Costco with gasoline sales, for example and CDD/Gubman responded that Chair/Lin was correct. VC/Nelson moved to recommend City Council approval of Development Code Amendment to revise Tables 2-5 and 2-6 of the DBMC Section 22.10.030 to limit the above described 150 -foot distance requirement to elementary, middle and high schools only, based on the Findings of Fact, and subject to conditions of approval as listed within the resolution, with the addition of the language amended to include public and private schools. Discussion ensued. C/Torng seconded the motion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson, Chair/Lin None None C/Shah moved to recommend City Council approval of Conditional Use Permit No. PL2013-022, based on the Findings of Fact, and subject to conditions of approval as listed within the resolution. VC/Nelson seconded the motion. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: Chair/Lin said he planned to attend a company workshop beginning tomorrow. If he learns something new he will report back to the Commission. FEBRUARY 26, 2013 PAGE 13 y L u PEANNING COMMISSION 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future pr`oiects. CDD/Gubman reminded the Commission that its reorganization meeting will take place at the regularly scheduled March 12 meeting. Two items are scheduled for Planning Commission action — one is the continued public hearing for the nine unit condo project and the second is a Conditional Use Permit for an Arts School at the two-story commercial building at Banning Way and Golden Springs Drive just up the street from the Lemon Avenue intersection. The City has received six proposals in response to the RFP for City Attorney services. The firm of Jenkins and Hogan has given the City notice that it will be terminating their contract with Diamond Bar in April. City Council will go into Closed Session next Thursday morning to interview the candidates and as early as March 19 the selection could be confirmed at the City Council meeting. Chair/Lin said he would not be present for the March 12 reorganization meeting and voiced his support of VC/Nelson to serve as Chair of the Planning Commission. 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 8:35 p.m. The foregoing minutes are hereby approved this 12th day of March, 2013. Attest: Respectfully Submitted, Greg Gubman Community Development Director Chairman 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: 8.1 MEETING DATE: March 12, 2013 CASE/FILE NUMBER: Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 PROJECT LOCATION: 23671 Golden Springs Drive (Los Angeles County Assessor's Parcel Number 8281-028-030) PROPERTY OWNER: GSDB Investment Group LLC 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 APPLICANT: Joseph Kwok 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 Summary The applicant is requesting a one-year time extension to obtain permits and begin construction of a nine -unit residential condominium development on the site presently occupied by Diamond Jim's Dairy, located at 23671 Golden Springs Drive. The City Council initially approved the project on November 20, 2007, with a three year time frame to obtain building permits and begin construction. The City Council approved the first time extension on February 15, 2011. A second time extension was approved on April 3, 2012. Since the previous time extension, the grading and sewer plans have been approved by the Public Works/Engineering Department. The applicant is currently preparing structural, electrical, mechanical, and plumbing plans to submit for plan check to the Building and Safety Division. The extension of time does not change the approved project in any way and the conditions of approval will not change with the approval of an extension of time. After evaluating the application, staff finds that the applicant has made a good faith effort to obtain permits. Therefore, staff recommends that the Planning Commission recommend approval to the City Council for an additional one-year time extension of Development Review No. 2006-11 and Conditional Use Permit No. 2007-10, based on the findings of fact, and subject to the conditions of approval contained in the attached Resolution. BACKGROUND: On September 11, 2007, the Planning Commission recommended approval to the City Council for Tentative Tract Map No. 64881, Negative Declaration No. 2007-03, Zone Change No. 2006-01, Conditional Use Permit No. 2007-10, and Development Review No. 2006-11, to construct a nine -unit, detached residential condominium subdivision at 23671 Golden Springs Drive. The property is located in the High Density Residential - Planned Development Overlay (RH-PD) zone with an underlying General Plan designation of High Density Residential. The approval for the entitlements included a three (3) year time frame to obtain building permits and begin construction. The staff report and resolution from the November 20, 2007, City Council meeting is included in Attachment 4. On February 15, 2011, a one-year time extension was approved by the City Council for the Conditional Use Permit and the Development Review applications. The staff report and resolution from the February 15, 2011, City Council meeting is included as Attachment 3. A second extension was approved on April 3,'2012, by the City Council. The staff report and resolution from the April 3, 2012, City Council meeting is included as Attachment 2. Review Authority (Diamond Bar Municipal Code Section 22.66.0501 An extension of time may be granted up to a maximum of one year when a request for an extension of time, with good cause, is submitted to the Community Development Department. Any subsequent extensions are approved by the Planning Commission. However, because the project was originally approved by the City Council, the City Council is asked to extend below the time to establish an approved permit. As explained on the following page (see Project Status), the applicant is in the process of submitting to the Building and Safety Division for plan check. The applicant has obtained approval for grading and sewer plans in July 2012. Therefore, the applicant has been unable to start construction prior to the expiration date of the City Council approval, and as a result submitted a request for an extension of time to the City on November 28, 2012. A time extension is not required for the Tentative Tract Map pursuant to Assembly Bill (AB) 333, Subdivision Map Act Extension. AB 333 automatically extends subdivision maps that do not expire prior to January 1, 2011, for an additional two years. This extension is additional to the automatic one year time extension granted by Senate Bill 1185. The automatic time extensions do not include time extensions for entitlements associated with tentative maps that have been automatically extended. Project Status Since the previous time extension, the grading and sewer plans have been approved by the Public Works/Engineering Department. The applicant is currently working on the covenant, conditions, and restrictions (CC&Rs) to submit to the City for approval and to obtain the grading permit. In addition, the applicant is also currently preparing structural, Page 2 of 3 CD: Staff Reports-PC/Golden Springs 23671 Time Extension 3-12-13.docx electrical, mechanical, and plumbing plans to submit for plan check with the Building and Safety Division. The extension of time request does not change the approved project, and the conditions of approval set forth in City Council resolution No. 2007-63 will not change with the approval of all extensions of time. NOTICE OF PUBLIC HEARING: On February 19, 2013, public hearing notices were mailed to property owners within a 500 -foot radius of the project site, and on February 15, 2013, the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. The project was continued from the February 26, 2013 Planning Commission meeting because staff did not receive the mailing labels to send the public hearing notices. Because the public hearing was opened, the project did not require renoticing and readvertising in the newspapers. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City Council adopted Negative Declaration No. 2007-03 on November 20, 2007. No further environmental review is required to extend the time limit for the approved project. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) recommending approval to the City Council for a one year extension of time for Conditional Use Permit 2007-10 and Development Review 2006-11, based on the findings of Diamond Bar Municipal Code Section 22.66.050, subject to conditions of approval as listed within the draft resolution. Prepared by: Natalie Tobon Assistant Planner Attachments: Reviewed by: Gr . Lee Senior Planner 1. Draft Planning Commission Resolution No. 2013 -XX 2. City Council Staff Report dated April 3, 2012, and Resolution No. 2012-16 3. City Council Staff Report dated February 15, 2011, and Resolution No. 2011-04 4. City Council Staff Report, Resolution No. 2007-62, and Resolution No. 2007-63 dated November 20, 2007 Page 3 of 3 CD: Staff Reports-PC/Golden Springs 23671 Time Extension 3-12-13.docx PLANNING COMMISSION RESOLUTION NO. 2013 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL FOR A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2007-10 AND DEVELOPMENT REVIEW NO. 2006-11 TO CONSTRUCT A NINE -UNIT RESIDENTIAL CONDOMINIUM LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA 91765 (APN 8281-028-030). A. RECITALS 1. On September 11, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to construct a new nine -unit residential condominium located at 23671 Golden Springs Drive, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Proposed Project." At that time, the Planning Commission adopted Resolution No. 2007-63 recommending City Council approval of the application. 2. On November 20, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Proposed Project. This approval included an initial three-year expiration date for the applicant to commence construction. 3. The subject property is made up of one parcel totaling 0.62 acres. It is located in the High Density Residential -Planned Development Overlay (RH-PD) zone with an underlying General Plan designation of High Density Residential. 4. The legal description of the subject property is Tract 24725 Lot 20. The Assessor's Parcel Number is 8281-028-030. 5. Diamond Bar Municipal Code Section (DBMC) 22.66.050 authorizes the Planning Commission to recommend approval to the City Council for a time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions. 6. On October 19, 2010, applicant, Joe Kwok, on behalf of GSDB Investment Group, LLC, filed a request for a one-year extension of time for the Project. 7. On January 11, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 8. On February 15, 2011, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. The City Council approved a one year time extension for the applicant to commence construction. 9. On November 11, 2011, applicant, Joe Kwok, on behalf of GSDB Investment Group, LLC, filed a request for a one-year extension of time for the Project. 10. On January 13, 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 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 11. On January 24, 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. 12. On April 3, 2012, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. The City Council approved a one year time extension for the applicant to commence construction. 13. On November 28, 2012, applicant, Joe Kwok, on behalf of GSDB Investment Group, LLC, filed a request for a one-year extension of time for the Project. 14. On February 15, 2013, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. On February 19, 2013, public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 15. On February 26, 2013, the Planning Commission of the City of Diamond Bar opened the public hearing to accept testimony from the public. The 2 Planning Commission Resolution No. 2013 -XX item was then continued because the City did not receive the mailing labels in order to send public hearing notices at least 10 days prior to the public hearing date. 16. On March 12, 2013, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. 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. On September 11, 2007, the Planning Commission determined the Project required a Negative Declaration (ND). ND No. 2007-03 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 -day public review period for the ND began August 16, 2007, and ended September 4, 2007. Furthermore, the City Council has reviewed and approved the ND and related documents in reference to the Project. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Extension of Time Findinas Based on the findings and conclusions set forth herein and as prescribed under DBMC Section 22.66.050, this Planning Commission hereby finds as follows: 1. There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code applicable to the project since the approval of the Development Review; There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code. The construction of a nine -unit residential condominium is consistent with the zoning designation and will not be altered in any way by approving the requested extension of time and all conditions of approval adopted by City Council Resolution No. 2007-62 and 2007-63 will remain in full force and effect.. 2. There have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project; and 3 Planning Commission Resolution No. 2013 -XX Since the time the Planning Commission recommended approval of the project to the City Council, there have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project. 3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Since the time the Planning Commission recommended the approval of the project to the City Council, there have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools, so that there is no longer sufficient remaining capacity to serve the project. Based on the findings and conclusions set forth above and as prescribed under DBMC Section 22.66.050, this Planning Commission hereby recommends to City Council the approval of the Application subject to the following conditions: 1. The project shall substantially conform to the approved plans as submitted and approved by the City Council and on file with the Community Development Department. 2. All conditions of approval for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 approved by City Council Resolution No. 2007-63 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to November 20, 2013. The Planning Commission shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to Mr. Joe Kwok, GSDB Investment Group, LLC, 625 Fair Oaks Avenue, #115, South Pasadena, CA 91030. 4 Planning Commission Resolution No. 2013 -XX APPROVED AND ADOPTED THIS 12" DAY OF MARCH 2013, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. In 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 12th day of March, 2013, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 Planning Commission Resolution No. 2013 -XX COUNCIL Attachment 2 Agenda # Meeting Date: 7.1 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager TITLE: Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 PROPERTY OWNER: GSDB Investment Group, LLC, 625 Fair Oaks Avenue #115, South Pasadena, CA 91030 APPLICANT: Joseph Kwok, 625 Fair Oaks Avenue, #115, South Pasadena, CA 91030 PROJECT LOCATION: 23671 Golden Springs Drive (Los Angeles County Assessor's Parcel Number 8281-028-030). RECOMMENDATION: Approve SUMMARY: The applicant is requesting a one-year time extension to obtain permits and begin construction of a nine -unit residential condominium development on the site presently occupied by Diamond Jim's Dairy, located at 23671 Golden Springs Drive. Because the applicant has been actively working with the Public Works/Engineering Department to finalize the grading plan, staff supports the applicant's request for a one year extension of time to begin construction. The extension of time does not change the approved project in any way. The conditions of approval set forth in the City Council Resolution No. 2007-62 and 2007-63 will not change with the approval of an extension of time. BACKGROUND: On November 20, 2007, the City Council approved Tentative Tract Map No. 64881, Negative Declaration No. 2007-03, Zone Change No, 2006-01, Conditional Use Permit GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687, EIR No. 2007-02 Page 1 No. 2007-10, and Development Review No. 2006-11, to construct a nine -unit, detached residential condominium subdivision at 23671 Golden Springs Drive. The property is located in the High Density Residential -Planned Development Overlay (RH-PD) zone with an underlying General Plan designation of High Density Residential. The approval for the entitlements included a three (3) year time frame to obtain building permits and begin construction. The City Council staff report and resolution approving the project is included in Attachment 3. On February 15, 2011, the City Council approved a one-year time extension to November 20, 2011 for the Conditional Use Permit and the Development Review applications. On November 7, 2011, the applicant requested a second time extension to complete the outstanding prerequisites to permit issuance. On January 24, 2012, the Planning Commission recommended that the City Council approve an additional one-year time extension of the Conditional Use Permit No. 2007- 10 and Development Review No. 2006-11, The Planning Commission staff report and resolution approving the time extension is included in Attachment 2. On February 27, 2012, the Public Works/Engineering Department approved the grading plan. According to the applicant, the draft CC&Rs will be completed shortly, and will then be submitted to the City for approval prior to recordation with the Los Angeles County Recorder's Office. Upon recordation of the CC&Rs and completion of a few minor conditions or approval, the Public Works/Engineering Department will be able to grant a grading permit. Upon commencement of construction, the project entitlements will be vested. r,VL•\9E9T:� Pursuant to Diamond Bar Municipal Code Section 22.66.050, an extension of time may be granted up to a maximum of one year when a request for an extension of time, with good cause, is submitted to the Community Development Department. Because the applicant has been diligently working with the Public Works/Engineering Department to obtain a grading permit, staff supports the applicant's request for a one- year extension of time. Therefore, staff recommends that the City Council adopt the attached Resolution (Attachment 1) to approve a one year time extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the findings of Diamond Bar Municipal Code Section 22.66.050, subject to conditions of approval as listed within the draft resolution. GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687, EIR No. 2007-02 Page 2 NOTICE OF PUBLIC HEARING: On March 23, 2012, public hearing notices were mailed to property owners within a 500 - foot radius of the project site, and on March 23, 2012, the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City Council adopted Negative Declaration No. 2007-03 on November 20, 2007. No further environmental review is required to extend the time limit for the approved project. Prepared by: Natalie Tob n Planning Tec nician Reviewed by: David D e Assistant City Manager Attachments: Reviewed by: Greg Gubman, ACP Community Development Director 1. City Council Resolution No. 2011 -XX 2. Planning Commission Resolution No, 2012-02 dated January 24, 2012 3. City Council Resolution No. 2007-62 and 2007-63 dated November 20, 2007 GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687, EIR No. 2007-02 Page 3 CITY COUNCIL RESOLUTION NO. 2012-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2007-10 AND DEVELOPMENT REVIEW NO. 2006-11 TO CONSTRUCT A NINE -UNIT RESIDENTIAL CONDOMINIUM LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA 91765 (ASSESSOR'S PARCEL NUMBER 8281.028-030). A. RECITALS 1. Property Owner and Applicant, Joe Kwok, on behalf of GSDB Investment Group, LLC, has filed an application request for a one-year extension of time for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to construct a new nine -unit residential condominium located at 23671 Golden Springs Drive, Diamond Bar, Los Angeles County, California ("Project Site'). Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Proposed Project" 2. On November 20, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Proposed Project. At that time, the City Council adopted Resolution No. 2007-62 and 2007-63 approving the project. This approval included an initial three-year expiration date for the applicant to commence construction. 3. On February 15, 2011, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. At that time, the City Council adopted Resolution No. 2011-04 approving a one-yeartime extension. . 4. The subject property is made up of one parcel totaling 0.62 acres. It is located in the High Density Residential -Planned Development Overlay (RH-PD) zone with an underlying General Plan designation of High Density Residential. 5. The legal description of the subject property is Tract 24725 Lot 20. The Assessor's Parcel Number is 8281-028-030. 6. Diamond Bar Municipal Code Section (DBMC) 22.66.050 authorizes the Planning Commission to recommend approval to the City Council for a time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions. T On January 23, 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 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. B. On January 24, 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. At that time, the Planning 2012-16 Commission recommended that the City Council approve the time extension, subject to conditions. 9. On March 23, 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 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 10. On April 3, 2012, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of.the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. On November 20, 2007, the City Council determined the Project required a Negative Declaration (ND) and approved the ND and related documents in reference to the Project. ND No. 2007-03 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 -day public review period for the ND began August 16, 2007, and ended September 4, 2007. Furthermore, the no further environmental review is required to extend the time limit for the approved project. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code Section 22.66.050, this City Council hereby finds as follows: Extension of Time Findings 1. There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code applicable to the project since the approval of the Development Review; There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code. The construction of a nine -unit residential condominium is consistent with the zoning designation and will not be altered in any way by approving the requested extension of time and all conditions of approval adopted by City Council Resolution No. 2007-62 and 2007-63 will remain in full force and effect. 2. There have been no changes to the character of the site or its surroundings that City Coundi RwWloo Na. 2012-M 2012-16 affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project; and Since the time that the City Council approved the project, there have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project. 3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Since the time that the City Council approved the project, there have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools, so that there is no longer sufficient remaining capacity to serve the project. Based on the findings and conclusions set forth herein and as prescribed under DBMC Section 22.66.050, the City Council hereby finds and approves the time extension of Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, subject to the following conditions: 1. The project shall substantially conform to the approved plans as submitted and approved by the City Council and on file with the Community Development Department. 2. All conditions of approval for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 approved by City Council Resolution No, 2007-62 and 2007-63 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to November 20, 2012. The City Council shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution,by certified mail to Mr. Joe Kwok, GSDB Investment Group, LLC, 625 Fair Oaks Avenue, #115, South Pasadena, CA 91030. APPROVED AND ADOPTED THIS 3rd DAY OF APRIL 2012, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Lin ang, Ma City council Re Won No. 2012-x 2012-16 Attachment 3 Agenda #71, Meeting Date: February 15, 2011 CITY COUNC illillilillPOPAGENDA REPORT raa� TO: Honorable Mayor and Members 1offtthe City Council VIA: James DeStefano, City Mare P TITLE: Time Extension for Conditional se Permit No. 2007-10 and Development Review No. 2006-11 PROPERTY OWNER: GSDB Investment Group, LLC, 625 Fair Oaks Avenue #115, South Pasadena, CA 91030 APPLICANT: Joseph Kwok, 625 Fair Oaks Avenue, #115, South Pasadena, CA 91030 PROJECT LOCATION: 23671 Golden Springs Drive (Los Angeles County Assessor's Parcel Number 8281-028-030). SUMMARY: The applicant requests approval of a one-year time extension to obtain permits and begin construction of a nine -unit residential condominium development on the site presently occupied by Diamond Jim's Dairy, located at 23671 Golden Springs Drive. The City Council initially approved the project on November 20, 2007, with a three (3) year time frame to obtain building permits and begin construction. The applicant has been working with the adjacent homeowners association to resolve drainage issues that have delayed the project. However, after numerous unsuccessful attempts, the applicant submitted another method of site drainage to the Public Works/Engineering Department, and received initial approval. The applicant is finalizing the grading plan and anticipates obtaining final approval of the grading plan by the end of March. Because the applicant has been actively working with the Public Works/Engineering Department to finalize the grading plan, staff supports the applicant's request for a one year extension of time to begin construction. The extension of time does not change the approved project in any way. The conditions of approval set forth in the City Council Resolution No. 2007-62 and 2007-63 will not change with the approval of an extension of time. RECOMMENDATION: If the City Council concurs with the recommendation of the Planning Commission, then approve the project, subject to conditions. BACKGROUND: On November 20, 2007, the City Council approved Tentative Tract Map No. 64881, Negative Declaration No. 2007-03, Zone Change No. 2006-01, Conditional Use Permit No. 2007-10, and Development Review No. 2006-11, to construct a nine -unit, detached residential condominium subdivision at 23671 Golden Springs Drive. The property is located in the High Density Residential -Planned Development Overlay (RH-PD) zone with an underlying General Plan designation of High Density Residential. The approval for the entitlements included a three (3) year time frame to obtain building permits and begin construction. The City Council staff report and resolution approving the project is included in Attachment 3. On January 11, 2011, the Planning' Commission recommended approval to the City Council for the one year time extension of the Conditional Use Permit No. 2007-10 and Development Review No. 2006-11. The Planning Commission staff report and resolution approving the time extension is included in Attachment 2. site Pian GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687, EIR No. 2007-02 Page 2 -1 R P16 l ]II ■�p��j� p site Pian GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687, EIR No. 2007-02 Page 2 sw,N flm nw m s ,.o s (d—t... wQ OMEN WRNGS4 VAAWN 1-1 Elevations ANALYSIS: Review Authority (Diamond Bar Municipal Code Section 22.66.050) An extension of time may be granted up to a maximum of one year when a request for an extension of time, with good cause, is submitted to the Community Development Department. As explained below (see Project Status), the applicant has not yet obtained a grading permit, which is required prior to building permit issuance. Therefore, the applicant has been unable to start construction prior to the expiration date of the City Council approval, and as a result submitted a request for an extension of time to the City on October 18, 2010. A time extension is not required for the Tentative Tract Map pursuant to Assembly Bill (AB) 333, Subdivision Map Act Extension. AB 333 automatically extends subdivision maps that do not expire prior to January 1, 2011, for an additional two years. This extension is additional to the automatic one year time extension granted by Senate Bill 1185. The automatic time extensions do not include time extensions for entitlements associated with tentative maps that have been automatically extended. GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687,EIR No. 2007-02 Page 3 The extension of time request does not change the approved project in any way. The conditions of approval set forth in the City Council Resolution No. 2007-62 and 2007-63 will not change with the approval of an extension of time. Project Status The applicant is currently working on the final design of the grading plan and anticipates obtaining final approval of the plan by the end of March from the Public Works/Engineering Department. Because the applicant has been actively working with the Public Works/Engineering Department to finalize the grading plan, staff supports the applicant's request for a one year extension of time. NOTICE OF PUBLIC HEARING: On February 4, 2011, public hearing notices were mailed to property owners within a 500 -foot radius of the project site, and on February 4, 2011, the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting sites. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City Council adopted Negative Declaration No. 2007-03 on November 20, 2007. No further environmental review is required to extend the time limit for the approved project. RECOMMENDATION: Staff recommends that the City Council adopt the attached Resolution (Attachment 1) to approve a one year time extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, based on the findings of Diamond Bar Municipal Code Section 22.66.050, subject to conditions of approval as listed within the draft resolution. Prepared by: Reviewed by: _ __ Grade S. Lee Greg GubnTan, AICP Senior Planner Community Development Director GPA No. 2007-03, ZC No. 2007-04, SP No. 2007-01, TTM No. 70687, EIR No. 2007-02 Page 4 Reviewed by: fto— David Doyle Assistant City Manager Attachments: J. Draft City Council Resolution No. 2011 -XX 2. Planning Commission Minutes dated January 11, 2011 3, Planning Commission Resolution No. 2011-02 dated January 11, 2011 4. City Council Staff Report, Resolution No. 2007-62 and 2007-63 dated November 20,2007 GPA —N,,2007-03, ZC No. 2007-04, SP No. 2007-01, Page 5 TTM No. 70687, EIR No. 2007-02 CITY COUNCIL RESOLUTION NO. 2011- 04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR CONDITIONAL USE PERMIT NO. 2007-10 AND DEVELOPMENT REVIEW NO. 2006-11 TO CONSTRUCT A NINE -UNIT RESIDENTIAL CONDOMINIUM LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA 91765 (ASSESSOR'S PARCEL NUMBER 8281-028-030). A. RECITALS Property Owner and Applicant, Joe Kwok, on behalf of GSDB Investment Group, LLC, has filed an application request for a one-year extension of time for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to construct a new nine -unit residential condominium located at 23671 Golden Springs Drive, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Conditional Use Permit and Development Review shall be referred to as the "Proposed Project." 2. On November 20, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Proposed Project. At that time, the City Council adopted Resolution No. 2007-62 and 2007-63 approving the project. This approval included an initial three-year expiration date for the applicant to commence construction. 3. The subject property is made up of one parcel totaling 0.62 acres. It is located in the High Density Residential -Planned Development Overlay (RH-PD) zone with an underlying General Plan designation of High Density Residential. 4. The legal description of the subject property is Tract 24725 Lot 20. The Assessor's Parcel Number is 8281-028-030. 5. Diamond Bar Municipal Code Section (DBMC) 22.66.050 authorizes the Planning Commission to recommend approval to the City Council for a time extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions. 6. On December 31, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. 7. On January 11, 2011, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. At that time, the Planning Commission recommended that the City Council approve the time extension, subject to conditions. 2011••04 8. On February 4, 2011, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was posted with a display board. g. On February 15, 2011, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. On November 20, 2007, the City Council determined the Project required a Negative Declaration (ND) and approved the ND and related documents in reference to the Project. ND No. 2007-03 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 -day public review period for the ND began August 16, 2007, and ended September 4, 2007. Furthermore, the no further environmental review is required to extend the time limit for the approved project. C, FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code Section 22.66.050, this City Council hereby finds as follows: Extension of Time Findings 1. There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code applicable to the project since the approval of the Development Review; There have been no changes to the provision of the General Plan, any applicable specific plan, the Subdivision Ordinance, or the Development Code. The construction of a nine -unit residential condominium is consistent with the zoning designation and will not be altered in any way by approving the requested extension of time and all conditions of approval adopted by City Council Resolution No. 2007-62 and 2007-63 will remain in full force and effect. 2. There have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project; and 2 Since the time that the City Council approved the project, there have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of the Subdivision Ordinance or the Development Code apply to the project. 3. There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Since the time that the City Council approved the project, there have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools, so that there is no longer sufficient remaining capacity to serve the project. Based on the findings and conclusions set forth herein and as prescribed under DBMC Section 22.66.050, the City Council hereby finds and approves the time extension of Conditional Use Permit No. 2007-10 and Development Review No. 2006-11, subject to the following conditions: 1. The project shall substantially conform to the approved plans as submitted and approved by the City Council and on file with the Community Development Department. _ 2. All conditions of approval for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 approved by City Council Resolution No. 2007-62 and 2007-63 shall remain in full force and effect except as amended herein. 3. This approval shall extend the expiration date of Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 to November 20, 2011. The City Council shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution, by certified mail to Mr. Joe Kwok, GSDB Investment Group, LLC, 625 Fair Oaks Avenue, #115, South Pasadena, CA 91030. APPROVED AND ADOPTED THIS 15" DAY OF FEBRUAY 2011, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. By: Steve Tye, May/or 3 City Council Resolution No. 2017 -XX I, Tommye Cribbins, City Clerk of the City of Diamond Bar, d o hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the City Council held on the 151h day of February, 2011, by the following vote: AYES: Council Member: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: Council Member: None ABSENT: Council Member: None ABSTAIN: Council Member: None 0 Tomm e Cribbins, City Clerk City of Diamond Bar 4 City Council Resolution No. 2011 -XX nAttachment 4 Agenda # 7 Meeting Date: November20 2007 �apll�i�',c''/ " AGENDA coUNCIL REPORT �- TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: NEGATIVE DECLARATION NO. 2007-03, ZONE CHANGE NO. 2006-01 AND PLANNED DEVELOPMENT OVERLAY DISTRICT, TENTATIVE TRACT MAP NO. 6481, NO82006-11_CONDITIONALANNE UNIT RESIDENTIAL CONDOMINIUM PROJECT REVIEW E AT31671 GOLDEN SPRINGS DRIVE, RECOMMENDATION: Upon conclusion of the public hearing adopt the following: • Ordinance No. _____ (2007) approving first reading of Zone Change No. 2006-01 and Planned Overlay District; • Resolution No. 2007-_ approving Tentative Tract Map No. 64881 and adopting Negative Declaration No. 2007-03; and • Resolution No. 2007-_, approving Conditional Use Permit No. 2007-10 and Development Review No. 2006-11. BACKGROUND: On September 11, 2007, the Planning Commission concluded a noticed public hearing on Tentative Tract Map No. 64881, the project Negative Declaration and all requested entitlements and recommended approval of the project to the City Council. Approval of this project will allow the property owners Joe Kwok and GSDB Investment Group, LLC to subdivide 0.62 acres into a nine unit, detached, residential condominium complex. The project site is located at 23671 Golden Springs Drive and is currently developed with a mini -mart drive-thru known as Diamond Jim's Dairy. ANALYSIS: On September 11, 2007, the Planning Commission conducted a noticed public hearing for the proposed project. One person spoke and three letters from residents were submitted to the Planning Commission. The residents expressed opposition to the proposed project because of concerns 1 related to losing a landmark and the convenience of the dairy, and because of concerns that the proposed project will generate additional traffic. The Planning Commission had concerns related to adequate guest parking, common open space and traffic. The Commission's concerns were addressed as follows: 1, Guest Parking. The Development Code does not address guest parking for detached condominium units. However, each unit provides a two -car garage as required for a single- family residence. Furthermore, one guest parking space is provided for each unit. Staff finds that the parking provided is adequate for the project and Commission concurred with staff. 2. Common Open Space. The Development Code does not have a minimum requirement for common open space and recreation areas for condominium or apartment projects. It does have a minimum landscape requirement of 15 percent of the project site. The project exceeds this minimum requirement and 24 percent of the project area will be landscaped. Additionally, each condominium unit has a private patio area. Since the proposed project complies with the Code's landscape requirement, the Commission was satisfied that the proposed project meets the landscaping and general requirement for open space. 3. Traffic. The traffic study prepared by Lin consulting, Inc. for this project indicates that the mini -mart generates 36 trip ends in the AM peak hours 69 trip ends in the PM peak hours. The proposed project will generate 7 trip ends in the AM peak hours and 8 trip ends in the PM peak hours. Since the proposed project will generate fewer trips than the mini -mart, the study concludes traffic improvement measures are not required. According to the City's traffic impact analysis guidelines, the proposed project is not large enough in size and does not generate enough daily trip ends to warrant traffic improvement measures. As a result, the Commission agreed that traffic improvement measures are not required for this project. The Commission concluded that the proposed project meets the City's Code requirements and design standards and felt that this property is a good location for much needed housing in Southern California. Therefore, the Planning Commission unanimously recommended approval of the project to the City Council. The attached Planning Commission staff report represents all the technical information related to the project along with a Negative Declaration that addresses environmental impacts. The review period for the Negative Declaration began August 16, 2007 and ended September 4, 2007. During the review period, the City did not receive any comments from the agencies notified. The City Council may approve the proposed project as recommended by the Planning Commission. The Concilval concurssu withothe Planning ay add oCfconditions omm sion recommendation, tforth ' o ndat on, th nadoption of resolutions.n the Council the resolution and ordinance should be in the following sequence: 1. Adopt City Council Resolution No. 2007 -XX approving Tentative Tract Map No. 64881 and adopting Negative Declaration No. 2007-03; 2 2. Approve the first reading of Zone Change Ordinance No. XX (2007); and 3. Adopt City Council Resolution No. 2007 -XX approving Conditional Use Permit No. 2007-10 and Development Review No. 2006-11. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and San Gabriel Valley Tribune on November 8, 2007. On November 2, 2007, public hearing notices were mailed to approximately 210 property owners within a 500—foot radius of the project site and posted in three public places. Additional, the public notice was place on a display board at the project site on November 5, 2007. PREPARED BY: nn J. un ssociate Planner REVI David Doyle, Director Assistant City Manager Attachment: 1. City Council Zone Change Ordinance No. XX (2007); 2007 -XX adopting Negative Declaration No. 2007-03 and 2. City Council Resolution No. approving Tentative Tract Map No. 64881; Council Resolution No. 2007 -XX, approving Conditional Use Permit No. 2007 10 and 3. City Development Review No. 2006-11; 4. Planning Commission Minutes dated September 11, 2007; 5. Planning Commission Staff Report for September 11, 2007 meeting; 6. Planning Commission Resolution Nos. 2007-44, 2007-45 and 2007-46; Tentative Tract Map No. 64881, grading plan, site 7. Exhibit "A" dated September 11, 2007 — plan, elevations, sections, and landscape, hardscape and irrigation plans and colors and material board; 8. Exhibit "B" Negative Declaration No. 2007-03; g. Three correspondences from residence; and 10. Aerial photo. 3 RESOLUTION NO. 2007- 6u A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR - APPROVING TENTATIVE TRACT MAP NO. 64881 AND ADOPTING NEGATIVE DECLARATION NO. 2007-03 SET FORTH THEREIN FOR A NINE UNIT CONDOMINIUM RESIDENTIAL SUBDIVISION LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA (APN NO.'.8281-028-030). A. RECITALS 1. The property ownerlapplicant, Joe Kwok, GSDB Investment Group, LLC, has filed an application for approval of Tentative Tract Map No. 64881 and adoption of Negative Declaration No. 2007-03 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Map and Negative Declaration. shall be referred to as the "Application." - - 2. On September. 11, 2007, the Planning Commission. of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. At that time, the Planning Commission adopted Resolution. No.2007-45 recommending City Council approval of the application 3 On November. 2, 2007, public hearing notices were mailed to approximately 210 property owners of record within a 500 -foot radius of the project site, a copy of the legal notice was posted at the City's designated community posting sites, and a public notice display board was posted at the site. On November 8, 2007 notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.. 4. On November 20, 2007, the City Council of the City of Diamond Bar conducted and 'concluded e duly noticed public hearing on the Application. - - B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: - 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2, . The City Council hereby finds. that the project -identified above in this Resolution .. required City, Declaration (ND). ND No. 2007-03 has been prepared according to the requirements'of.the California Environmental.Quafity Act (CEQA) and guidelines promulgated thereunder.- The 20 day public review period for the NO began August 16, , 2007, and ended September 4, 2007. Furthermore, the City Council has reviewed the ND and related documents in reference to the Application. The City Council hereby specifically finds and determines that, havig a�d (alterations 3. the findings set forth below, and changes record as a whole; including on the proposed project set forth application, there is tie evidence before this City Council that the project proposed which have been incorporated into and conditioned up p - in the app uponnwhiIt have the ch the wildlitat ife depends. Based uponial of an adverse esubstantliawildh evidence, ctin 7 is City Cofe resources Or the uncil hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of -the CaliforniaCodeof Regglations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: - - shaped lot located on the northerly side' of approximately 27,003 square (a) The project site is an irregularly ro ernes Golden Springs Drive west of'Platina Drive. ft is appy the project site was occupied feet (0.62 acres) in area. The site is elevated above the surrounding p W remodeled into amini-ma t by retaining. walls and slopes: From site b it 1988, by a service station. In 1986, the im' building with drive-thru known as Diamond Jim's Dairy (b) The project site hNsaa General Plan land use designatn of High Den ximum 20 DUTAC which authorizes a maximum ity of 20� " Residential (RH) dwelling units per acre, zone. However; Vic) The project site is within the Neighborhood Commercial (es Zone Change No. 2006-01Cwuoc(1 sppnove he zone iv chaIg Commission nge from c-1 ofOZHigh recommends that the City Density -Residential -Planned Development (RH-PD) for General Plan compliance.ound- (d) Generally the following zones and uses surrZone the projec'sites I PI n r meal Project High Density Resitlenaai-I. Commercia4 Site Maximum 20 Dwelling Unit - Per A re RH) C 1 and R 1 6 000 Wesl- R-3-8,000 I l:nura, .I - Low Density Residential South M ximum 3 Dwelling L g Units , Per aote (e) The,Application request includes the following'- (1) :Negative Declaration No, 2007-03 to address impacts that the proposed) project may have on the, environment (2) :Zone Change application to change the ptojectsite's zoning from C-1ao RH-PD-20 DwellingUnitslPer Acre for General ,Plan compliance, (3) Subdivision application to create a tract map for condominium purposes; (4) Conditional Use Permit application to establish a Planned Development Overlay District (PD) to modify setbacks and wall heights that are appropriate for the property characteristics, and the type of development proposed forthe, site; and (5) Development Review application to demolishtheexisting mini -mart with drive-thru and to review .the project's overall design and site plan _ configuration and its effect on surrounding properties, Tentative Map Findings Pursuant to. Subdivision Code Section 21.20 .the City Council has made the following required findings: (f) The General Plan land use designation for the project site is High Density Residential (RH). The General Plan describes this designation as a residential_ land Lisacategoryfor town homes, condominiums, apartments, .mobile homes and other multiple family residential properties,. This land use category.can - - maintain a maximum density of 20 dwelling units per acre. The proposed map is a non -gated subdivision for a .nine unit detached condominium development with private entry and drive aisle. The allowed density for the.High Density Residential General Plan designation and zoning district is ..20 units' per acre. The project is 27,003 square feet (0.62 acres) could be developed with a maximum density of 12 units. In order to meet the. City's development standards. and provide the appropriate access and drive isles, landscaping, and condominium units that are marlcetable.in size, the projet is - proposed at 9 units which is 25 percent below the General Plan .and .zoning - allowed density. Furthermore, the proposed land use represents an extension of the existing development pattern in the project area which is condominiums and single-family residential, As a result; TTM 64881 is consistent with the General - Plan including its design and improvements. (g) The project site is approximately 0.62 gross acres (27,003 square feet) in area. TTM 64881 proposes to create a common -interest subdivision to facilitate the - development of 9 detached residential condominium units with two car garages and guestparking for each unit; landscaping and private patios. In accordance to the General Plan density provisions; it is permissible to develop up to12 condominium units. However,, the proposed density of 9 units is 25 percent below Genera) Plan and zoning potential density:. Additionally, the NO prepared for this . - project reviewed the suitability of the project site, circulation, grading, aesthetics,. land use, etc. The. ND concluded that the proposed map would not have.a significant effect on the environment and with the incorporation of conditions of approval: Therefore, the project site is physically suitable forthe.proposed -type of development and density; - - n) The ND for this project analyzed whether or notthe proposed their would cause substantial environmental damage or inju`over as discussed r wildlife ri hthe Ne fish c)D; tis he ND concluded that with conditions ofiranpacts would be reduced to a level "less . anticipated that the prop than significant" and the design of the subdivision . the proposed improvements snot likely to cause substa cntial environmental damage or Injure fish or wildlife or their habitat. Thee ND analyzed impacts related to the design of the subdivision the and �) improvements related. to the project. The design oI the antf the project Design Guidelines. The standards set forth in Development u Itle standards specified in the Design project's design maintains. the quality Proposed project's Guidelines and Development Code. It is slte.pAslalresult, the propng residential neighborhood that surrounds the. proje - design or type of improvements is not likely. to cause serious public health or - safety problems. - - - scussed in �) There are no easementspf record for the project f development. Therefore,' the. above, the project site is suitable fopnof is type above, conflict with design of the subdivision onthe type easements, acquired by the pubiic at large for access through or use of prose ty within the proposed subdivision. I. According to the' ND discharge sewerage prepared for this project and issues related to hydrology and water quality are "less than significant' and: �k) f existing requihe California rements prescribed by would not result in violation. o Regional Water Quality Control Board. -we by the City. The ct and MVIe (I) A geotechnical reportoedn. with coepared nditions onsfor this that are incorporated porated into he project ith he _ reportwas app prepared for this project Indicates that with the Additionally, the ND prep applicable Municipal Practices will ensure - implementation of -these conditions .in 00ate'entgineeiion tng-p Gode and UBC. requirements and approp - impacts related to geology Will be "cess than significanf'. (m), The.proposedsubdivision is consistent with the applicable provisions of Title 21;- the City's. Subdiv Sion Ordinance Subdivision Map Act' and the DeveloQment Code as discussed in the above findings unGi hefeby ts 5 Based on the findings anthe City GO d conclusions set foRVe bTTM 648BI subject lto the followpng Negative Declaration No.;2007 03'and app .�- conditLve. and Standard Conditions attached and referenced herein' a GENERAL - - - 1. This approval shall be null and void and of no effect unless the Negative Declaration No. 2007-03- is adopted and Zone Change, No. 2006-01, Planned Development overlay, Conditional Use Permit No. 2007-10 and. - - - Development Review No. 2006-11 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved . in accordance to Development Code Section 22.66. b. SITE DEVELOPMENT _ 1. Approximately �t0 lineal feet of a retaining wall located at the west property line and a wall in thesamearea which encloses the side yard for unit one is shall not exceed an exposed height of eight feet. 2. Exterior or perimeter walls shall be constructed from split face block with a decorative cap. Interior walls may be stucco in a colorto match and/or. complement the condominium" units. Sample of said construction materialsand.colors shall be'.submitted to the Planning Division for review and approval prior to plan check submittal. . 3.. -Uses permitted-in.theRH zoning district as listed in the Development. . Code shall be the only uses allowed in the RH-PD zoning designation for ... the projectsite. 4.. - Prior to final map, the applicant shall provide a final landscape and _ irrigation plan listing all plant species, size quantity and location for Planning Division review and: approval. All landscaping and irdgation,shall be installed prior to final inspection or Certificate of Occupancy 5. Prior to plan check submittal,.the applicant shall submit an exterior lighting. _ - - planandphotometric study for Planning Division review and approval:- All lighting shall be designed to confine direct rays to the subject property. Spillage beyond the property lines shall not be permitted. Lighting shall be. on a time -clock or photo -sensor system. c. BUILDING AND SAFETY DIVISION 1 i` Prior, to final map. approval, applicant shall submit to the Building and Safety Division the design of all retaining walls for review and approval; concurrently with the grading plan check: d, LOS ANGELES COUNTY FUZE PREVENTION {. Access shall comply with Section.902 of the Fire Code,"vdnich requires alll weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of " any exterior portion of all structures. 3. Where driveways extend further than 300 feet and. are of single access - "design, turnarounds suitable for fire. protection equipment use shall be . provided and shown on the final map—Turnarounds shall be designed, constructed :and maintained -to insure their integrity. for Fire Department -- - use. Where topography"dictates, -turnarounds shall be",provided for . " driveways that extend over150 feet inlength. - 4, Private driveways shall be indicated on the final map as 'Private Driveway " and Fire Lane'. with the widths clearly depicted and shall be maintained in . accordance with the Fire Code. - - 5. Vehicular access must. be provided and maintained- -serviceable throughout construction to all required fire hydrants All required fire hydrants shall be installed, tested and accepted prior to construction. 6. Applicant shall provide Fire_ Department or City approved street signs and I building access numbers prior to occupancy, 7. Applicant shall _provide water mains, fire hydrants and -fire flows, as equired by the County of Los Angeles Fire Department for all land shown . on map which shall be recorded. g, Fire hydrant shalI conform to the, following requirements: (a) Install one fire hydrant; (b) -_ Measure 6" x4" x 2'W' brass or bronze, conforming 'to current AW WA standards .C503.or approved equal;. (c), On site hyclmntsshallbenstalled'a minimum of 25 feet form-a. -. - structure or protected by two hour fire wall. g. The required fire flow for public fire hydrants _at this location shall be 15DD gallons per minute at 20 psi forAuratio.n of two hours, over and. above maximum daily domestic: demand. `Two,hydranf flowing simultaneously, may be used to achieve the required'fire flow ' C ' All regmred fire hydrants-shall be installed tested and accepted or bonded for pnor to hnalmap approval I UCCHtcuvtcdv r . . T AN DARD. USE PERMITS, COCV mERCiAL. AND RESIDENTIAL: NEW AND REMODELED STRUCTURES 2. Applicant shall include signed copies of the City Council PesoluBon Nos. 2007-44; - - 2007-46, 2007467Standard Conditions, and all environmental 'mitigations -shall be ncluded on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities. and are not required to be wet sealed/stamped by a licensed Engineer/Architect: . 3. Revised plans (such as but not limited to sitaplan, elevations, Iandscapelirrigatiori plan, grading plan, etc.,) incorporating all Conditions of Approval shall be, submitted for Planning Djvision review and approval prior to the plan check. 4. NotwithstandinganypreJioussubsectionoftheresolution,theDepartmentofFish and Game requires payment of the fee pursuant to Section 711 .4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approvals 5. The project site shall.be maintained and operated in full compliance with the - ll laws, or other applicable regulations conditions of approval and a 6. ._ Approval of this request shall -not, waive compliance with. all sections of the :. Development Code, all other applicable City Ordinances; and any app(kable -,Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such. as grading, tree'.. removal, encroachment, budding, etc.) or prior -to final map approval in the case of . a custom lotsubdivision; or approved use has commenced; Whichever comes first. prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. _ 13.- FFESIDEPOSITS 1; Applicant shall pay development fees (including but riot limited to Planning; ` Budding and Safety'. Divisions, Public WokkslEngineering Department and Building Monitoring)'at the established rates, priorto final ma a roval,: issuance of building or grading -permit (whirhever comes first); as required by the City School fees shall be paid prior. to the issuance of building permit In addition, tha applicant shall pay all remaining prorated City, project review and processing fees prior to the mars recordation or, issuance of building permit, whichever.come first.. 2 Prior to final map apptoval, the applicant shall pay afee to the City m lieu of dedication for. parkjand pursuantfo Subdivision Ordinance Chapter 21 32. 3. Prior to any public hearing or final. map approval all deposct accounts for the., processing'of this project shall have no deficits 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game required payment of the fee pursoantto Section 711-.4 of that Fish and - Game Code: Said payment shall be made by the applicant to the city within five days .of this grant's approval. C. TIME LIMITS 1.. This approval shall not be effective for any purpose until the applicant and owner, of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar Community. Development Department/ Planning Division an Affidavit of Acceptance_ stating that they are aware of and agree to accept all the conditions of this approval. - 2. In accordance w;Vh.the Subdivision Map Act; Section 66463 5 TTM No. 6488t is valid for three years. An extension of time may be requested in writing and shall _ only be consideredif submitted to.the, city,no less than, 60 days prior to the- appmval's expiration date. Final map approval will,not be granted unless the map is in substantial compliance with 77M No. 64881including all conditions and the - - - applicant' has.. entered into - a:subdivision - improvement agreement to the satisfacfion of the City Attorney:.__ - D. SITE DEVELOPMENT - 1 The project site shall be developed in substantial conformance with TTM `No. 64881 except :as conditions 'herein, :arid as conditioned in Conditional:Use PermiYNa. 2007-10 and Development Review No; 2006-11 submitted to 'a. d commended. approval by the City Council to the City. Council collectively referenced herein as Exhibit "A" - the subdivision map.and site plan, elevations, grading plan sections, landscapertrrigation plans, and colorsandmaterials board, - Exhibit. "B"- Negative Declaration No. 2007-03 dated -September 11, 2007," as .modified herein: - 2. f.A Home Owner's Association (HOA) shall. be formed. The HOA shat( have - Conditions -and Restriction_ s (CC&R's) and Articles of Incorporation of the HOA are subject .fo-the approval .of.Planning �DivisIon'and Public Works/Engineering, - Department _and the CityAttomey The CC&R'sshall be recorded concurrently:with the finalmap or pdorto.the issuance of any City permits, which ever occurs:tirst, A recorded copy she[ be provided to the Ci y Engineer.:.The HOA shall submit to the Planning Division'a list of the names and addresses of the officers on orbefore 'january l of each and every year and whenever said information changes. 3 All ground mounted utility zppu tenances such as transformers, air conditioning condensecs ,etcq; shall be located out:of public vieW.anH ad equ-atelyscreened hrough the use of a combination of concrete or masonry walls, :berms and/or landscapingto.the"satisfaction of the Planning Division: 4 Pri& to final map approval or issuance of, building permit whichever come first street names shall be submitted for City review and apprl S ovatreet names "shall ' not duplicate existing streets within the City of Diamond Bars postal service zip.. code areas. 5. House numbering plans shall be submitted to and approved by the City prior to Issuance of building. permits. All building numbers and individual units shall be identif ed in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City.Engineer priorto- issuance of building permits. 6. All. lignting.fixtures adjacent to Interior property lines shall be approved by the Planning Division asto type, orientation and height 7. A detailed on. -site lighting plan including a photometric diagram, shall be reviewed and approved` by the Planning Division prior to the issuance of building permits.- - Such plan -shall indicate'style,.-illumination,: location,.. height, and-method_of - shieldingso as nottD adversely affect adjacent properties. E. -LANDSCAPE, PRESERVED AND PROTECTED TREES _ 1, Priorto final map approval, a detailed-landscapehrrigation.pians shall be prepared - :by a licensed landscape architect and submitted to the PlanningDivisiOnfOrrevievi - an I approval prior to issuance. of buiidin permits and recordation of the map, which ever occurs first. - - F. SOLID WASTE j, The site shall be maintained in a condition, which is free of debris both during and '.after the construction, addition; or, implementation of the entitlement granted .. herein. The removal of all trash, debris, and refuse, wheth4during orsubsequent, - to construction shall :.be done only by the property owner, applicant or by a duly permitted waste contractor, who. has been`authorizedby the Gity to provide' - collection,transportation; anddisposol of solidwaste from residential, commercial; `.construction, --and industrial areas within the City it shall be, the'.applicant's ,- obligationtoi sure thatthe-waste. contractor utilized has obtainedpermitsfrom the. city of Diamond Bar to provide such services. _ Z Mandatory solid waste disposal services shall be provided .by the Cityfranchised tt waste hauler to all. parcels/lots or uses affected by approval of this project. 3 If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from publiaview, APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (90.9) 839-7040 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS A.'_. GENERAL I ' 1 and fiat A title reporflguarantae showing all fee owners, interest holders �ure of'. 11 ' interest shall be submitted for final map plan 6heck. An'updated title repo ttguarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval 2:: A permit from the Los Angeles County Public Works Department shall be required ., for work within its right-of-way or connection fo its facilities. 3.��. Prior to, hal map approval, written certification that all utility ser vicesandanyOther service related to the sita shall be available to serve the proposed project andshall be submitted to -the -City.. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days pdor to final map approval.: 4. Prior to final map approval, applicant shall submit to the City Engineer the detail `.'cost estimates for bonding purposes of all public improvements. - 5. Pdorto final map approval, if any public or private fmprovenents required as part of. this map hava.not ,been .completed:by applicant'and accepted by.#he,City, applicant shall enter into a subdivision agreement with the:City and shall -post the appropriate security: ` 6, Prior to foal map approval all site grading, landscaping, irrigation, sheet, sewer and storm drain improvement plans shall be approved by the City Engineer, "surety -shall be posted, and'an agreement executed guaranteeing oot7ipletion of all public " and.private improvements. 7 Prior to issuance ofgrading permits, surety shall be_posted and an agreement " executed, guaranteeing completion of all` -drainage facilities:necessary"for dewatering all parcels ,to the�satisfaction of the City.Engineer. ,. 6: Any details or notes wpich may be inconsistent with requirement or ordinances," general conditions,"or approval; or City policies shalt be specif Cally approved in' other corid'itions or ordinance requirements are modified to those shown an the tentative parcel mag upon approval by the Advisory ;agency_ ..g_ -Aft fdentfied geologic hazards within the vesting tentative tract map boundaries - which cannbt be eliminated as approved bythe"City Engineer shall beindicated on the final map as "Restricted Use Area' subjectto:geologic hazard: The applicant shall. dedicate to the City the right toprohibit tho::erection of. buildings or other structures within. such restricted Use areas shown on the final map,,.. - 10` Easements for disposal of drainage water onto orover adjacent parcels shall be delineated and shown pn the final map, as approved..bythe ,City.Engineer Prior to'any work performed.in the street right of way; fees shalt be paid and a _ construction permit: shall be obtained from the` Public Works,:Department:in addition to any other;permits required - 12 Applicant.haillabel and delineateonthe.tinaimapanyprivate drives orfirelanes to."ttiesatisfachon-of:theCity Engineer; : ' =`19 i 13. Easements, satisfactory to the City Engineer and the utility companies, for public shall be offered and shown on the final map for utility and, public services purposes dedication.to the City. 14. After th16final map records,applicant-shallsubmittathe Public Works/Engineering . Department, at no cost to the City, a full size reproducible copy. of the recorded - map. Final approval of the public improvements shall not be given until the copy of the recorded map.is received by, the Public Works/Engineering Department., 15. Priorto occupancy, the applicant shall provfdeto the City as built mylars, stamped' by appropriate individuals certifying'the pianfof all improvements at no cost, the City 16. Applicant shall contribute funds to a separate engineering trust deposit against which charges. can be made by the City. or its representatives for.services - : Charges shall be on an hourly basis and shall include any City 7endered administrative costs. 17. 'Applicant shall provide digitized information in a format defined by the City for all elated plans, at no,cost to the City. 18 'All act tvitieshmprovements proposed for this TTM No. 64881 shall, be wholly contained within the boundaries of the map. Should any off-site, activities/,improvemen b@ required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. - - 'g;-. GRADING - .. 1, No grading or any staging or construction shall be performed prior to final map approval by the city council and. map recordation_ All pertinent improvement: plans shalt be approved by the City Engineer prior to final map approval by the City Council. 2 :Retaining wall location shall be shown on the grading plan' and submitted with a � Retairepo t to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. aton of 3. 'EN tenor nt grading and,eDostruchon actrvrt e nd the uiansport i ment shall beegmr edeto and materials and. operation'of.heavy grad . 9 q p between the hours of 7100, a.m. and 5:00 .p,m:','Monday through Saturday. Dust .gener:ated by grading :and Construction activities shall be reduced by Watering the'" soil pnor to'' and: during the activities and in accordance. with Soutfi,Coast AiC Quality Management District Rule. 402 and Rule 403 Reclaimed water shall be utilized Whenever possible Additio )ally all construction eqm uipent shall be . :properly muffled to,reduce norseaevels : ` , —,13 - 4 All equipment staging areas shall be located on the project site. Staging area,. . including material stockpile and equipmentstorage area, shall be enclosed within .. a six foot-high chain link fence.-Altaccesspoints in the defense shall be locked _ whenever the construction site is not supervised. 5. Precise grading plans for each,lot shall be submitted to the..Community Development Department/Planning-Division for approval. prior to Issuance of building permits. (This may on an incremental or composite basis). 6. Grading of the subject property, shall be in accordance with the California Building Code, City Grading OrdinanparHillside Management Ordinance and,_ acceptable' grading practices: 7. The maximum grade; of driveways. serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings .with a minimum 16 feet deep and shalt not exceed five (5) percent gradeorass- required by the City. Engineer.. Driveways with a slope of 15 percent shall . incorporate grooves..fDt.traction into, tha co struction as required: by the City Engineer. 8. At the time of submittal of the. 4' -scal 6 graoin g planfDr pl an check, a detailed soils and geology report shall be submitted ,tothe City Engineer for approval Said - report shall be prepared by qualified engineer and/or geologist licensed by the.: . ' State of California.. Prior.to`tlie.issuance `of a grading permit, the reporCshall - �. _address, but riot tie timfled.,to thefollovilO . a. Stability an of daylight shear. keys with a 1:1i projection from daylight to'slide-plane; a.projection plane shall have a safety factor of 1.5. All soils and geotechnical. constraints _(I.e.,:landslides, shear keylocations; - . etc:-,) shall. be delineated, in detail with respect to -proposed building .envelopes Restricted use areas and structurat setbacks shall be - considered and: delineated prior to-recordatioh'ofthe final map .' - c. Soil remediation measures shall be. designed fora "worst case' geologic': :interpretation subject to verification 10the,fleld during grading. d. The extent of any remedial grading', Into natural areas shall be clearly defined on the grading plans. e. Areas of potential for debris flow shall be defined and: proper remedial -- measures:implemented as approved by the City:Engiheer: -. f Gross stability.of all fill slopes "shall be analyzed: as part of geotechnical report, including remedial fill that replaces, natural slope g `Stability of all proposed slopes shall be conf[med by analysis as approved by the City Engineer, , h ki geologicdata including Iarids Iides and exploratoryexcavations mustbe _shown on a consolidated geotechnical'.map using the40-scalefinal;gradiog plan as a base All geotechnical and, sods related findings and recommendations shall be _ reviewed and approved by the. City Engineer prior to issuance of •any:- - grading permits and recordation of the final map. 9. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public works Department. and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. .10. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in final repot shall be incorporated into the grading plans. Final grading plans' shall be signed and stamped by a California registered Civil Engineer, registeredGeofechnicalEngineerand-registered Engineering Geologist- - and -approved bythe City.Engineer.. - - 11. A Standard.Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is.required to be incorporated into the grading planand approved bythe City Engineer. the applicant shall' incorporate Structural or Treatment Control Best Management: Practices forstorm water runoff_ into the grading plans for construction and post-construction activities respectively. 12. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's'NPDES requirements. 13, "Submit a stockpile plan 'showing the-proposed location for stockpile for grading export materials, and the route of- transport.. - 14. Prepare a horizontal control plan and submit concurrently with the grading plan for .- --reviewand approval. - 15 Priorto the issuance of Buildin6 Permits; a pre-construction meeting must be held atthe project site with the grading contractor; applicant, and city grading inspector at least 413 hours, prior to commencing grading operations! 16. Rough Grade certifications by project soils' engineer shall be submitted prior to., issuance of budding permits for the foundations of structures. Retaining-wall permit; may. be issued without 2 rough grade certificate. 17. Final Grade certifications. by project, soils engineer and civil engineers shall be submitted to the Public. Works/Engineerind Dspartment.prior to the issuance of any project'final inspections/ce tificate of occupancy C DRAINAGE 1 All terrace drains and drainage channshall be constructed in muted tones. es:not to irppart adverse visual impacts._ Terrace- drains, shall follow landform _ slope, configuration and shall not be placed in an;exposed positrons. All down drains shall be, hidden in swales diagonally or curvilinear across:a slope face. 2- - All drainage improvements necessary fordewateririg and protecting the subdivided properties shall be installed prior to issuance.of building permits, for construction upon any parcel that maybe subject to drainage flows entering; leaving, or within a Weal relative to which a buftling permit is,requested.. -3 All identified flood hazard locations within the tentative map boundaries which ... _ Gab not be eliminated as approved by the City Engineer shall be shown on th fina] ;map and delineated as "Flood Hazard Area." 4. Storm drainage facilities shall be constricted within the street right-of-way or in - easementsaatisfacfoiy to the,City Engineer and the Los Angeles County Flood Control Distncts. All sform drain facilities plans shalfbe plan checked by the City - and County.of Los Angeles and all fees required shall be paid. bythe applicant. 5 A final drainage study and final drainagelstorm drain plan in a 24"-x 36" sheet format shall be submitted to and approved by the City Engineer and Los Angeles -Public Workss-Department prior. to grading permit; All drainage facilities shall be designed and constructed as required 'bythe,City Engin0a-and in accordance with County of Los Angeles Standards:,Private(ap(Afiuture) easements for storm drain purposes shatl beoffered and shown on the fnal map for dedication to the City. 6-:Prior .tothe issuance -`of a grading permita complete hydrologyand hydraulic study shall be prepared by a Civil: Engineer registered in the.$tate of California to the calls action of the City Engineer and Los Angeles Public Works Department. .7.`'Acomprehedsivemaintenanceplanlprogramshallbesubmitted'coneurrenttywith the storm drain plan's to the Public Works/Engineering Department for review and approval bythe City Engineer. -. :- D. STREET IMPROVEMENT . - 1. • The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public,Works, Survey;Diyision. - - 2 Prior to the issuance of any. City permits,:the applicant. shall. provide written permission to the satisfaction of the City from any property owners which will be `- affected by offsite grading 3 Pnor to building occupancy applicant shall const uct.base and pavement for streets in accordance with soils repgrt prepared, by a=California registered soils engineer and approved by the City Engineer or as.otherwise directed by the City_ Engineer: E, UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public blic services purposes shall be offered and shown on the detailed site utility and pu plan for dedication to the City. 2, Prior to final map approval; a water system with appurtenant facilities to serve all trict lots/parcels in the land division designedito the_.Watnut Valley Engineer. orD�sThe (WVVVD) specifications shall be provided and. approved bythe City system shall include fire hydrants of the -type and location as determined by the Los Angeles County Fire.. Department' The water mains shall be: sized to to the satisfaction of the City accommodate the total domestic and fire flows Engineer; WVWD'and Fire Department. 3. 'Prior to final map 'approval, the applicant shall construct or enter into an with the City guaranteeingcoristruction of the necessary improvement agreement improvements totheexisting water system according to Walnut Valley Water `.-mmodatethetotaldomestic_andfireflows. District(WVWD)spebifiGations�to.acco- as imaybe required by the City Engineer, WVWD and Fire Department 4 Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility` services and; any oilier se vice related to the site shall be available to servethe proposed project and shall be submitted tothe City SiCin Such letters shall be issued bythe district, utility and cable ter of grading p erm ts: company, if applicable; within ninety" (90) days prior issuance 5_ Prior to recordation of final map;, applicant shall provide separate underground utility services to. each parcel per Section 21.3D -of title 21 of,the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utilitEasements-required by the utility. y company standards - ,companies shall be approved by the. City Engineer. 6: Applicant shall relocate and underground any.existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 7- Underground utilities shall not,be constructed within the drip line of any mature `,. tree except asapprove dbya_registered arborist _ F. SEWERS 1 Prior to final map approval, applicant shall submit a sanitary sewer area study for the City and County Engineer to. verify that capacity is,available in the sewerage' system to be used a5 the outfall for: the sewers in this, land division.,"If the system, 'is'found to.be of> irisuificient, capacity, the problem shall be resolved to the Satisfaction'of the Cougty Engineer not Whic I, 2 . Each dwelling unit shall be served, by aSe earsystem servmgate sewer tlhe tract $ haul be -.-: cross any:other lot lines. The sanitary ';17 - connected to the City o[Disfrict sewer system. Said ;system Shall be -of the size, _ grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement" executed prior, to approval of the final reap." 3. � _ Applicant shall obtain conoectiml pecmit(s) from the City and County Sanitation. _ ".District prior to. issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance' District and appropriate easements for all sewer main, and trunk lines shall be shown on the final.map and offered, for dedication on the final map. 4. Appticant,.at applicant's sole cosi and expense, shall construct the sewer system in accordance with fhe City, Los Angeles County Public Works Division and. county Sanitation District Standards prior fo occupancy. APPLICANT �SHALL CONTACT THE BUILDING AND.SAFF.TY�DIVISION,. (909) 83,0'wr 0, FOR cOMPLIANCE:WITH THE FOLLOWING.CONDI.TIONS: 1 �Plans shall conform lto State -and Loca,I Buildinq`Code. (i. e., 2001 California Bmlding'�Code, California Plumbing Code, California Mochanical:Code, and the - .2001 National Electrical Code) requirements and all otherapplicable construction - codes; ordinances and: regulations in effect atthe time -of plan check submittal. Occapancy of the facilities shalt not commence until such time:as all ,Unifo,r n Building'Code and State Fire Marshal regulations:have been met. The buildings shall be inspected'for compliance'prior to occupancy., 3. The minimum design load for wind -in this area is 80 MR -K exposures"C" and the " site" is. within seismic zone four. (4). The applicant shall submit drawingsand .. calculations prepared. by a California State IicensedArchdect/Engineer with wet stamp and signafure: 4 - . This project shall comply with the energy conservation requirements of the State of C61ifomia Energy Commission. Kitchen and bathroom lights shall be fluorescent 5 Submit:Pub(ic Works/Fngineering Department approved grading plans showing "..cfearfy;al{finish elevations; drainage,. and retaining vdalls locations. - - 6. Number of plumbi fixtures shall in be compliance with CBC Appendix29 7, All balconies shall ba designed for 601b liveload B. Guardrails shall be. for. 20 load applied laferally at the 6p tate raiG.: Submitgrading plans' shov✓Ing,clearly all finish elevations, dtainage,:and retaining W" ll IocaUops.,.No,.building is per shall�,be sued:prior to su"bmittIng a.pad certification. CITY COUNCIL RESOLUTION NO. 2007- 63 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING OF NEGATIVE DECLARATION NO. 2007.03 AND APPROVING PLANNED DEVELOPMENT OVERLAY DISTRICT CONDITIONAL USE PERMIT NO. 2007-10 AND DEVELOPMENT REVIEW NO. 2006-11 FOR TENTATIVE TRACT MAP NO. 64881, A NINE UNIT DETACHED RESIDENTIAL CONDOMINIUM SUBDIVISION, LOCATED AT 23671 GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA (APN NO. 82814.028.030) A. RECITALS The property owner/applicant, Joe Kwok, GSDB Investment Group, LLC, has filed an application for Planned Development Overlay District Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 for Tentative Tract Map No. 64881 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Planned Development Overlay Conditional Use Permit and Development Review shall be referred to as the "Application" 2. On September 11, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. At that time, the City Council adopted Resolution No.2007.46 recommending City Council approval of the application On November 2, 2007, public hearing notices were mailed to approximately 210 property owners of record within a 500 -foot radius of the project site, a copy of the legal notice was posted at the City's designated community posting sites, and a public notice display board was posted at the site. On November 8, 2007 notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 4. On November 20, 2007, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically Inds that all ofthe facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that the project identified above in this Resolution required a Negative Declaration (ND). NO No. 2007-03 has been 1. r.n 0...cv prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. The 20 day public review period for the ND began August 16, 2007, and ended September 4, 2007. Furthermore, the City Council has reviewed the ND and related documents in reference to the Application. 3, The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this City Council that the project proposed herein will have the potential of an adverse effect on wildlife resources orthe habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project site is an irregularly shaped lot located on the northerly side of Golden Springs Drive west of Platin Drive. It is approximately 27,003 square feet (0.62 acres) in area. The site is elevated above the surrounding properties by retaining walls and slopes. From 1966 to 1986, the project site was occupied by a service station. In 1986, the site building was remodeled into a mini-martwith drive-thru known as Diamond Jim's Dairy. (b) The project site has a General Plan land use designation of High Density Residential (RH) Maximum 20 DU/AC which authorizes a maximum density of 20 dwelling units per acre. (c) The project site is within the Neighborhood Commercial (C-1) zone. However, Zone Change No. 2006-01 within City Council Resolution No. 2007-44 recommends that the City Council approve the zone change from C-1 to High Density Residential -Planned Development (RH-PD) for General Plan compliance. (d) Generali the followin zones and uses surround the roe ect site: Site General Plan Zone Uses Project High Density Residential - Neighborhood commerc Site Maximum 20 Dwelling Unit Commercial (C-1) Maximum 3 bwelling units ;007--63 (e) The Application request includes the following: (1) Negative Declaration No. 2007-03 to address impacts that the proposed project may have on the environment; (2) Zone Change application to change the project site's zoning from C-1 to RH-PD -20 Dwelling Unfts/Per Acre for General Plan compliance; (3) Subdivision application to create a tract map for condominium purposes; (4) Conditional Use Permit application to establish a Planned Development Overlay District (PD) to modify setbacks and wall heights that are appropriate forthe property characteristics and the type of development proposed for the site; and (5) Development Review application to demolish the existing mini - mart with drive-thru and to review the project's overall design and site plan configuration and its effect on surrounding properties. Conditional Use Permit for Planned Development Overlay District In accordance to Municipal Code Section 22.22.150, pertaining to required findings for a Conditional Use Permit for Planned Development Overlay District, the City Council finds as follows: (f) Zone Change 2006-01 will change the existing zoning from C-1 to High Density Residential (RH) which is consistent with the General Plan land use designation for the project site. However, the Planned Development Overlay is needed because units 7 through 9 will not maintain the required 20 foot front setback. Unit 7 will maintain a varying front setback of 20 to 17.5 feet. Units 8 and 9 will maintain a setback of 17.5 feet. Because of the irregular shape of the site, the angle of the rear property line and the requirement to maintain a minimum 26 foot wide drive isle for backing out of the garages, and to have an end product that marketable in terms of livable square footage, a consistent 20 foot front setback can not be maintained. Considering the about of patio and planting areas in the front yards and common area between units 7 and 8, staff believes that the front setbacks provided for these units is appropriate for this project, For approximately 10 lineal feet a retaining wall with an exposed height of nine feet is proposed at the west property line. Another wall in the same area which encloses the side yard for unit one is proposed at the same height. These walls are needed because of the grade difference between the neighboring property and the project site. Almost all of the exposed height of the walls will be viewed from inside the project site. The applicant believes that the exposed height of the walls could be reduced to eight feet. Because of the grade 2007-53 differences and the lineal feet of the walls is minimal and the wells will be viewed from inside the project site, staff believes that the height of the walls is appropriate for this project. since the rear of each condominium unit faces the center of the project site and drive isle that is 26 to 30 ft. wide, there is no rear yard. However, considering that 24 percent of the project site Is landscaped which exceeds the minimum 15 percent requirement and the garages are not part of the streetscape, staff believes that the placement of the units is appropriate. Additionally, the purpose of setbacks is to provide light and separation between structures. The drive isle provides this. (g) The proposed map is a non -gated subdivision fora nine unit detached condominium development with private entry and drive isle. The allowed density for the High Density Residential General Plan designation and zoning district is 20 units per acre. The project is 27,003 square feet (0.62 acres) could be developed with a maximum density of 12 units. In order to meet the City's development standards and provide the appropriate access and drive isles, landscaping, and condominium units that are marketable in size, the project is proposed at nine units which is 25 percent below the General Plan and zoning allowed density. Furthermore, the proposed land use represents an extension of the existing development pattern in the project area which is condominiums and single-family residential. As a result, TTM 64881 is consistent with the General Plan including its design and improvements. (h) As discussed in Finding (g), (j), (1) and (o) above, the design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, ando and the absence f physical constraints as described in Findings (g), 0), (1) ( )above. (j) The ND reviewed issues related to public interest, health, safety and improvement related to this project. It was found that the project will not have a significant effect on these issues. In some instances mitigation measures are incorporated into the project to ensure that the project's effect on these Issues will be "less than significant". Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. 2007-63 (k) The proposed project has been reviewed In compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project required a Negative Declaration (ND). ND No. 2007-03 has been prepared according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. 5. ' Based on the findings and conclusions set forth above, the City Council hereby recommends that the City Council approve Conditional Use Permit No. 2007-10 Planned Development Overlay and Development Review No. 2006-11 for TTM No. 64881 subject to the following conditions and Standard Conditions attached and referenced herein: a. GENERAL This approval shall be null and void and of no effect unless the Negative Declaration No. 2007-03 is adopted and TTM No. 64881, Zone Change No. 2006-01, Planned Development Overlay Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 are approved. This approval is valid for three years. Two extensions of time, one year each, may be approved pursuant to Development Code Section 22.66. b. SITE DEVELOPMENT 1. Approximately ten lineal feet of a retaining wall located at the west property line and a wall in the same area which encloses the side yard for unit one is shall not exceed an exposed height of eight feet. 2. Exterior or perimeter walls shall be constructed from sptit face block with a decorative cap. Interior walls maybe stucco in a color to match and/or complement the condominium units. Sample of said construction materials and colors shall be submitted to the Planning Division for review and approval prior to plan check submittal. 3. Uses permitted in the RH zoning district as listed in the Development Code shall be the only uses allowed in the RH- PD zoning designation for the project site. 4. Priortofinal map,the applicantshall provide afinal landscape and irrigation plan listing all plant species, size quantity and location for Planning Division review and approval. All landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy 5. Prior to plan check submittal, the applicant shall submit an exterior lighting plan and photometric study for Planning Division review and approval. All lighting shall be designed to confine direct rays to the subject property. Spillage beyond the property lines shall not be permitted. Lighting shall be on a time -clock or photo -sensor system. C. BUILDING AND SAFETY DIVISION 1. Prior to final map approval, applicant shall submit to the Building and Safety Division the design of all retaining walls for review and approval concurrently with the grading plan check. LOS ANGELES COUNTY FIRE PREVENTION i. Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access my require paving. 2. Fire Department access shall be extended to within 150 feet distance of any exterior portion of all structures. 3. Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to insure their integrity for Fire Department use. Where topography dictates, turnarounds shall be provided for driveways that extend overt 50 feet in length. 4. Private driveways shall be Indicated on the final map as "Private Driveway and Fire Lane" with the widths clearly depicted and shall be maintained -in accordance with the Fire Code. 5. Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested and accepted prior to construction. 6. Applicant shall provide Fire Department orCity approved street signs and building access numbers prior to occupancy. 7. Applicant shall provide water mains, fire hydrants and fire flows as required by the County of Los Angeles Fire Department, for all land shown on map which shall be recorded. '1.007••63 8. Fire hydrant shall conform to the following requirements: (a) Install one fire hydrant; (b) Measure 6" x 4" x 2%" brass or bronze, conforming to current AW WA standards C503 or approved equal; (c) On site hydrants shall be installed a minimum of 25 feet from a structure or protected by two hour fire wall. 9. The required fire flow for public fire hydrants at this location shall be 1500 gallons per minute at 20 psi for duration of two hours, over and above maximum daily domestic demand. Two hydrant flowing simultaneously, may be used to achieve the required fire flow 10. All required fire hydrants shall be installed, tested and accepted or bonded for prior to final map approval. The City Council shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Mr. Joe Kwok, GSDB Investment Group, LLC, 625 Fair Oak Avenue, #115, South Pasadena, CA 91030 APPROVED AND ADOPTED THIS 20TH DAY OF NOVEMBER 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY:/�y((-- 'Steve Tye( Mayor D 2007--53 I, Tommye Cribbins, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the "� day of w 1 r , 2007 by the following vote: AYES: Council Members: Chang, «:verett, iierrera,. XVJO/TzkD zka., /'fye NOES: Council Members: 'mune ABSENT: Council Members: tion ABSTAIN: Council Members: acne Tommye Cribbins, City Clerk, City of Diamond Bar 1007••63 IDIA,I1IO�rD B�P.�� DEVELOPMENTCOMMUNITY Wtl�n ���i :ter, DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT#: TTM No. 64881. ND No. 2007-03, ZC No. 2006-011Planned Development Overlay, CUP No. 2007-11 and DR No. 2006-11 SUBJECT: Nine unit, detached, residential condominium subdivision APLICANT: Joe Kwok 23671 Golden Springs Drive LOCATION: 23671 Golden Springs Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack; set-aside, void or annul, the approval of Tentative Tract No. 64881 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. Applicant shall include signed copies of City Council Resolution Nos. 2007- 44, 2007-45, 2007-46, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised pians (such as but not limited to site plan, elevations, landscape/irrigafton plan, grading plan, etc.,) incorporating all Conditions of Approval shall be submitted for Planning Division, review and approval prior to the plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 6 Prir to any use of the hereon all conditions of approvall shalroject site or l be completed.usiness bing commenced B. FEESIDEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to final map approval, the applicant shall pay a fee to the City in -lieu of dedication for parklandpursuant to Subdivision Ordinance Chapter 21.32. 10 3. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game required payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this grant's approval. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of this map, at the City of Diamond Bar Community Development Department/ Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. In accordance with the Subdivision Map Act, Section 66463.5, TTM No. 64881 is valid for three years. An extension of time may be requested in writing and shall only be considered If submitted to the city no less than 60 days prior to the approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with TTM No. 64881 including all conditions and the applicant has entered into a subdivision improvement agreementto the satisfaction of the City Attorney. D. SITE DEVELOPMENT The project site shall be developed in substantial conformance with TTM No. 64881 except as conditions herein, and as conditioned in Conditional Use Permit No. 2007-11 and Development Review No. 2006-11 submitted to and recommended approval by the City Council to the City Council collectively referenced herein as Exhibit "A" - the subdivision map and site plan, elevations, grading plan, sections, landscape/irrigation plans, and colors and materials board, Exhibit "B% Negative Declaration No. 2007-03 dated September 11, 2007, as modified herein. 2. A Home Owner's Association (HOA) shall be formed. The HOA shall have Conditions and Restrictions (CC&R's) and Articles of Incorporation of the HOA are subject to the approval of Planning Division and Public Works/Engineering Department and the City Attorney. The CC&R's shall be recorded concurrently with the final map or prior to the issuance of any City permits, which ever occurs first. A recorded copy shall be provided to the City Engineer. The HOA shall submit to the Planning Division a list of the names and addresses of the officers on or before January 1 of each and every year and whenever said information changes. 3. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and 11 adequately screened through the use of a combination of concrete or masonrywalls, berms, andlor landscaping to the satisfaction of the Planning Division. 4. Prior to final map approval or issuance of building permit, whichever come first, street names shall be submitted for City review and approval. Street names shall not duplicate existing streets within the City of Diamond Bar's postal service zip code areas. 5. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. 6. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the Planning Division prior to the issuance of building method of shielding shall as indicate to adversely illumination, location, affe t andadjacent properties. E. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Prior to final map approval, a detailed landscapelirrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits and recordation of the map, which ever occurs first, P. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. osal services be provided by the 2 francdatory solid hised wase hauler tolall parcels/lots or uses affected by approval of this project. 12 3. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. APPLICANT SHALL CONTACT THE PUBLIC WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title reporUguarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. 3. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, within ninety (90) days prior to final map approval. ® 4. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 5. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by. the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. 6. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 7. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 8. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 9. All identified geologic hazards within the vesting tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as 'Restricted Use Area" subject to 13 geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. of dinage water onto or over adjacent parcels shall 10, be delineated nents 'dshownonthefinalmap, asappovedbytheCity Engineer. 11. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. 12. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 13. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 14. After the final map records, applicant shall submit to the Public WorkslEngineering Department, at no costto the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. ty as lt 15. Prior to occupancy,appropriate individuals certifying the plan for licant shall provide to the all improvementsirat stamped by app p no cost to the City. 16. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the its services rendered, Charges shall be on an hourly r urlybasis and shalI l include any City administrative costs. 17. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 18. All activities/improvements proposed for this TTM No- 64881 shall y off-site wholly contained within the boundaries of the map. Should activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. GRADING 1. No grading or any staging or construction shall be performed prior to final map approval by the City Council and map recordation. All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 14 2. Retaining wall location shall be shown on the grading plan and submitted with a soils report to the Public Works/Engineering Department for review and approval concurrently with the grading plan check. 3. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soft prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval priorto issuance of building permits. (This may be on an incremental or composite basis). 6. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 7. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 10 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 6. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineerfor approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: a. Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5. b. All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.,) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map. 15 res esiged C. geologiceidnterpretationusubject alt bvednfcation in "Worst soil remiation the field during grading. d. The extent of any remedial grading into natural areas shall be clearly defined on the grading pa e. Areas of potential fordebris flow shall be defined and proper remedial measures implemented as approved by the City Engineer. f. Gross stability of ail fill slopes shall be analyzed as. part of geotechnical report, including remedial fill that replaces natural slope. g. Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer. h. All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 - scale final grading plan as a base. I. All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. g. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and Los Angeles County Public Works nd an gDeartmet and surety uaran eeing completion of shall ll d ainagefacilities es to theagreement sa sfaction of the City Engineer. 10. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the tans shall be signed band stamped byincorporated ta the grading plans. Final grading p California registered Civil Engineer, registered Geotechnical he Engine er and registered Engineering Geologist and approved by City Engineer. 11. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 12. An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. 13. g ading exportmaterials, and the rout stockpile of proposedlocationfor stockpile for 16 14. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 15, Priorto the issuance of Building Permits, a pre -construction meeting must be held atthe project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 16. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 17. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final Inspections/certificate of occupancy. C. DRAINAGE 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed priorto issuance of building,permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. All Identified flood hazard locations within the tentative map boundaries which cannot be eliminated as approved bythe City Engineer shall be shown on the final map and delineated as "Flood Hazard Area." 4. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the City and County of Los Angeles and all fees required shall be paid by the applicant. 5. Afinaldrainage study and fiinaldrainage/storm drain plan ina24"x36"sheet format shall be submitted to and approved by the City Engineer and Los Angeles Public Works Department prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. Private (and future) easements for storm drain purposes shall be offered and shown on the final map for dedication to the City. 17 6. PrIlorto the issuance of a grading permit, a coMPlete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. 7. A comprehensive maintenance pian/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for review and approval by the City Engineer. D. STREETIMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Prior to the issuance of any City permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. 3. Priorto building occupancy, applicant shal`construct arse andPa remQnt or all streets in accordance with soils report p Paby soils engineer and approved by the City Engineer or as otherwise directed by the City Engineer. E. UTILITIES �. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and app ved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. 4. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be 18 submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 5. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 29.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 6. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERS 1. Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Each dwelling unit shall be served by a separate sewer lateralwhich shall not cross any other lot lines. The sanitary sewer system serving the tract shall be connected to the City or District sewer system. Said system shall be of the size, grade and depth approved by the City Engineer, County Sanitation District and Los Angeles County Public Works and surety shall be provided and an agreement executed prior to approval of the final map. 3. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Consolidated Sewer Maintenance District and appropriate easements for all sewer main and trunk lines shall be shown on thefinal map and offered for dedication on the final map. 4. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. . APPLICANT SHALL. CONTACT THE BUILDING AND SAFETY DIVISION, (909) 639-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable 19 construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is so M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. Submit Public Works/Engineering Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 6. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 7. All balconies shall be designed for 601b. live load. & Guardrails shall be designed for 20 load applied laterally at the top of the rail. g. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 1o. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 11. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. APPLICANT SHALL TFOLLOWING CONTACT HE ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 20 11 3. Prior to recordation, the final map shall comply with all Fire Department requirements. 21 f^-7kk1f 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: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: PROPERTY OWNER: X March 12, 2013 Conditional Use Permit No. PL 2012-1107 20657 Golden Springs Dr., Unit 210 Diamond Bar, CA 91765 (APN 8763-007-022) Kenny Yu 20657 Golden Springs Dr., Unit 102 Diamond Bar, CA 91765 APPLICANT: U.S. Arts & Design 17412 Colima Rd. Rowland Heights, CA 91748 Summary The applicant is requesting a Conditional Use Permit to operate an art school (U.S. Arts & Design) in a 2,600 square -foot space on the second floor of Golden Springs Plaza, an existing 52,460 square -foot, two-story, multi -tenant commercial building. A Conditional Use Permit is required for art schools (specialized education and training non -degree schools) on or above the second floor of a commercial building in the C-3 zone. The existing unit is currently vacant. The applicant proposes to provide fundamental art instruction in a classroom setting and portfolio consulting services to children (4-8 years old) and teenage students. U.S. Arts & Design is proposing to operate during after school hours on Wednesdays and Fridays, and all day on Saturdays and Sundays. The proposed art school is compatible with other existing businesses at Golden Springs Plaza, and shares similarities with other operators, such as the Yamaha Music Center (music school). 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. PL 2012-1107, subject to the conditions of approval contained in the attached Resolution. BACKGROUND: On July 20, 2004, the City Council approved Golden Springs Plaza, a 52,460 square -foot, two-story commercial building located at the northwest corner of Golden Springs Drive and Banning Way. The center was constructed with 243 parking spaces. On November 18, 2008, the City Council approved Ordinance No. 6 (2008), amending Table 2-6 of Section 22.10.030 of the Diamond Bar Municipal Code, to allow specialized education and training non -degree schools on or above the second floor of a commercial building in the C-3 zone, subject to approval of a Conditional Use Permit. Project Description The applicant proposes to occupy a 2,600 square -foot lease area and operate an art school on the second floor of Golden Springs Plaza, located behind a small-scale shopping center, bounded by Golden Springs Drive to the south, S. Lemon Avenue to the west, and Banning Way to the east. The commercial building consists of retail, restaurants, cafe's; professional offices, and service uses. The applicant has over 13 years of experience in providing art instruction classes and portfolio consulting services to students in many communities. Currently, U.S. Arts & Design operates art schools in three different locations in Southern and Northern California (Irvine, CA, Rowland Heights, CA, and Pleasanton, CA). In addition, it has affiliations with three other art schools (Torrance, CA, San Diego, CA, and Chantilly, VA). U.S. Arts & Design is an art teaching center that provides art classes, instruction, an open studio, and portfolio consulting services to children as young as 4 years old to teenagers. The proposed hours of operation are during after-school hours on Wednesdays between 4-6 p.m., Fridays between 3-7 p.m., and Saturdays and Sundays between 9 a.m. to 6 p.m. (see table below). Classes are scheduled in two-hour intervals with 3-6 students per class, taught by a trained art instructor. There will be a maximum of 30 students and 7 staff members at any one time. The lease area will include four classrooms, a reception area, office and conference rooms, a studio room, and a portfolio consultation room. Proposed Hours of Operation Conditional Use Permit No. PL 2012-1107 Page 2 of 6 Site and Surrounding General Plan, Zoning and Land Uses The project site is located in a commercial center on Golden Springs Drive between Banning Way and Lemon Avenue. Site Aerial Conditional Use Permit No. PL 2012-1107 Page 3 of 6 General Plan Designation Zoning District Land Use Site General Commercial (C) C-3 General Retail, Restaurant, Office, and Personal Services North N/A N/A Nursery and SR -60 (Freeway) South Low Density Residential (RL) RL Single -Family Residential Southwest General Commercial (C) C-3 General Retail, Restaurant, Liquor Store East General Commercial (C) C-3 Professional Offices West General Commercial (C) C-2 General Retail, Restaurant, Office, and Personal Services Site Aerial Conditional Use Permit No. PL 2012-1107 Page 3 of 6 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-3 zone requires approval of a CUP for a non -degree specialized education and training school on or above the second floor of a commercial building in the C-3 zone 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 art school 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. ANALYSIS: Required Parking 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. Golden Springs Plaza consists of a 52,460 square -foot building with 115 surface parking spaces and 128 subterranean parking spaces, providing a total of 243 off-street parking spaces. Currently, the center requires a minimum of 201 parking spaces. The proposed art school requires one parking space for every 200 square feet of gross floor area and one parking space for each employee. Since the art school will occupy 2,600 square feet of gross floor area and maintain a maximum of 7 employees at any one time, a minimum of 20 parking spaces are required. City's Development Code Parking Requirement Shopping Center 47,589 1/300 square feet 159 Yamaha Music Center 2'271 1 space per 200 sq. ft. 33 (According to CUP Planning Case (Music School) plus 1 space / employee No. 2010-263 Proposed Art School 2,600 1 space per 200 sq. ft. 20 plus 1 space / employee Total 52,460 212 243 Conditional Use Permit No. PL 2012-1107 Page 4 of 6 Parking Demand 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 varying uses result in a range of peak business hours and parking demands. The peak parking demand occurs on weekdays from 9 a.m. to 6 p.m. The proposed art school will have limited classes on weekdays. Most classes are held on weekends, when half the businesses at the shopping center are not open. As a result, there will be limited demand for parking spaces during the school's operating hours. Based on the business proposal, there will be a maximum of 7 staff members and 30 students at any one time, resulting in 37 parking spaces. However, an overlap between trips on Fridays may result in a peak demand of 67 parking spaces during the brief period of transition between outgoing and incoming students. During this transition, assuming all other businesses are experiencing peak operations (a highly unlikely scenario) the center's parking demand could reach 259 spaces. Since 243 parking spaces are available, there could thus be a shortage of 16 spaces during the 5 p.m. class turnover. However, given the expected pattern of trip generation throughout the day, it is unlikely for parking to be deficient during the brief periods of student turnover. Also, most students will be dropped off by their parents, who would most likely leave the premises while class is in session, so the spike in parking demand would be for a very short duration. Therefore, even under the worst case scenario, the impact would be negligible. Moreover, staff is recommending a condition of approval to review the application in six months, to assess the operations of the use and parking impacts. Compatibility With Neighborhood The shopping center has a variety of uses, including restaurants, professional offices, personal services, and other retail and service uses. In addition, there is an existing music school, which is compatible with the proposed art school by providing after-school educational and artistic opportunities for local children. Given the proposed hours of operation, the availability of parking, and the types of adjoining uses, it is expected that the art school would be a compatible use with the uses in the center. Project Site Conditional Use Permit No. PL 2012-1107 Page 5 of 6 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 February 25, 2013, and the notice was published in the Inland Valley Daily Tribune and San Gabriel Valley Tribune newspapers on March 1, 2013. 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 -2012-1107, to allow an art school, based on the findings of DBMC Section 22.58, subject to conditions of approval as listed within the draft resolution. Prepared by: sue -spino Planner Attachments: Reviewed by: Gr ee Senior Planner 1. Draft Resolution No, 2013 -XX and Conditions of Approval 2. Site Plan and Floor Plan Conditional Use Permit No. PL 2012-1107 Page 6 of 6 PLANNING COMMISSION RESOLUTION NO. 2013 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL2012-1107, TO OPERATE AN ART SCHOOL IN AN EXISTING 2,600 SQUARE -FOOT LEASE SPACE ON THE SECOND FLOOR OF GOLDEN SPRINGS PLAZA, 20657 GOLDEN SPRINGS DRIVE, UNIT 210 DIAMOND BAR, CA (ASSESSOR'S PARCEL NO. 8763-007-022). A. RECITALS 1. Property owner, Kenny Yu, and applicant, U.S. Arts & Design, have filed an application for Conditional Use Permit No. PL 2012-1107 to operate an art school in a 2,600 square -foot space on the second floor of Golden Springs Plaza. The project site is more specifically described as 20657 Golden Springs Drive, Unit 210, Diamond Bar, Los Angeles County, California ("Project Site'). 2. The subject property is comprised of a 2.22 gross acre parcel. It is located in the Regional Commercial (C-3) zone and is consistent with the General Commercial land use designation of the General Plan. 3. The legal description of the subject property is described as Assessor's Parcel Number is 8763-007-022. 4. On March 1, 2013, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500 -foot radius of the Project site on February 25, 2013, and public notices were posted at the City's designated community posting sites on February 28, 2013. 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 March 12, 2013, 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) Section 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, an art school is permitted in the C-3 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 art school meets Strategy 1.3.3 because the proposed art school 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 CUP PL2012-1107 The Proposed Use is located within a multi -tenant shopping center occupied by various retail, restaurants, cafes, professional offices, and service uses, and shares similarities with other operators, such as the Yamaha Music Center (music school). The varying uses result in a range of peak business hours and parking demands. The additional parking demand generated by the art school will result in the need for additional spaces at the shopping center. However, given the expected pattern of trip generation throughout the day, it is unlikely for parking to be deficient during the brief periods of student turnover. As such, the operational characteristics and parking demands 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 densitylintensity 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 a music school. 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. In addition, 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 CUP P,L2012-1107 D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves Conditional Use Permit No. PL2012-1107 subject to the following conditions: 1. The establishment is approved as an art school as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. PL2012-1107 dated March 12, 2013, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to an art school. 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 20657 Golden Springs Drive, Unit 210, 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. 5. This approval does not specify limitations on class size or business hours based on the presumption that the proposed use will operate in a manner that does not deviate significantly from the operating characteristics described in the Conditional Use Permit application, as summarized below: Business hours — Wednesday from 4:00 p.m. to 6:00 p.m., Friday from 3:00 p.m. to 7:00 p.m., and Saturday and Sunday from 9:00 a.m. to 6:00 p.m.; and 30 or fewer students and 7 staff members at any one time. If, at any time, the City finds that the Use is the cause of a parking deficiency or other land use impact, the Community Development 4 CUP PL2012-1107 Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to address such impacts. 6. The Conditional Use Permit shall be reviewed six months after approval to allow the Commission to assess the adequacy of the parking, operations of the use, and generated noise. Staff shall review any calls for service or any enforcement issues related to these matters. This would give the Commission the ability to further condition the project if actual operating experience within the six months showed it necessary, by imposing additional mitigation or conditions to help relieve the concern. 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, Kenny Yu, 20657 Golden Springs Drive, Unit 102; and applicant, U.S. Arts & Design, 17412 Colima Road, Rowland Heights, CA 91748. APPROVED AND ADOPTED THIS 12TH DAY OF MARCH 2013, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. W 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 12th day of March 2013, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 5 CUP PL2012-1107 COMMUNITY • �I DIAPIOND BARDDEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. PL2012-1107 SUBJECT: To to allow an art school in a 2,600 square -foot space on the second floor of Golden Springs Plaza PROPERTY Kenny Yu 20657 Golden Springs Drive Unit 102 OWNER(S): Diamond Bar, CA 91765 APPLICANT: U.S. Arts & Design 17412 Colima Road Rowland Heights, CA 91748 LOCATION: 20657 Golden Springs Drive Unit 210 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 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 2012-1107 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. 6 CUP PL2012-1107 (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 Conditional Use Permit No. PL 2012-1107 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. CUP PL2012-1107 B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public Works Department) at the established rates, prior to issuance of building permits, as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit No. PL2012-1107 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., currently the 2010 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code but the 2013 version will apply if plan check applied after January 1, 2014) 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 Monday — Saturday between the hours of 7:00 a.m. and 7:00 p.m. 8 CUP PL2012-1107 5. 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. 6. If applicable, all equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6' high fence. 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 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 11346.2.1. 9. Number of plumbing fixtures shall be in compliance with CPC T-4-1. 10. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 11. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height C. Type of construction d. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 12. Verify adequate exit requirements. The distance between required exits shall be Y2 of the building diagonal. 13. Specify location of tempered glass as required by code. 14. AQMD notification is required at least 10 days prior to any demolition. 9 CUP PL2012-1107 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. 17. Upgrades for disabled access is required which include signage (including at parking stall $250 fine sign, basement parking, bathrooms, and elevators), truncated domes at curb ramps, and path of travel to street per CBC 113413.2.1. 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Items for consideration are listed on the attached agenda. I am employed by the City of Diamond Bar. On March 8, 2013, 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 21800 Copley Drive Diamond Bar, CA 91765 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 March 8, 2013, at Diamond Bar, California. Stella Marquez Community De, CD:\zstella\affidavitposting.doc 3' ii, 3 nl;'n( c^ v �� ✓�� _1U �O'•C•'J�iJiimgi�`i9 iDi�•iJ i -- sir —rr�rr IF NON -RATED PARTITION W/ BRACE I ,p �cKEIZ rYP�caL iNj. boo12 [�� � NflVW011fAtSiRW^fgN