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08/12/2003
R!i �1►`I17_1 Augus't 12, 2003 7:00 P.M. RLE Copy South Coast Air Quality Management District Government Center Building Auditorium 21865 East Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Tye Dan Nolan Joe Ruzicka Jack Tanaka Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept of Community & Development Services, located at 21825 E. 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. In an effort to comply with the requirements of Title // 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 accornmodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. DI ION BA Please refrain from smoking, eating or drinking in the Auditorium The City of Diamond Bar usis—i6-cy-dldidfiaper and encourages you to do the same City of Diamond Bar Planning Commission 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 and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS,. Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839.7030 email: info @ci.dianr »d-h.tr.ca.us Next Resolution No. 2003-23 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, August 12, 2003 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Tye, Vice -Chairman Dan Nolan, Steve Nelson, Joe Ruzicka, and Jack Tanaka Pi 3. 4. R1 I LA 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 Sr)eaker's Card for the recordina Secretary (Completion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. APPROVAL OF AGENDA: Chairman CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: July 22, 2003. OLD BUSINESS: 5.1 Sign Regulations - This item will be discussed at the Adjourned Regular Meeting on August 13, 2003. NEW BUSINESS: 6.1 2002 General - Plan -An nual- Report 7. PUBLIC HEARINGS: 7.1 Development Review No. 2003-14 (pursuant to Code Sections 22.48.020(A) is a request to construct a two story, single family .1 residence of approximately 11,358 gross square feet including balconies, porch, attached four car garage I August 12, 2003 Page 2 PLANNING COMMISSION and two site retaining walls with a maximum exposed height of six feet and forty-two inches. Project Address: 3068 Windmill Drive (Lot 5 of Tract No. 48487) Diamond Bar, CA 91765 Property Owner: Windmill Estates, LLC 3480 Torrance Blvd. #300 Torrance, CA 90503 Applicant: Richard Gould 13480 Torrance Blvd. #300 Torrance, CA 90503 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48487 according to the California Environmental Qudlity Act of 1970 (CEQA) and guidelines promulgated there under, Section 15162(a) of Article 11 of the California Code of Regulation. No further environmental review is necessary. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2003-14, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2003-121MInor Conditional Use Permit No. 2003-10 (pursuant to Code Sections 22.48.020, 22.56, and 22.42.080(3)) is a request for an intensification of land use in the commercial center's retail suites to a restaurant use with'outdoor dining ("It's A Grind"). Project Address: 1121/1123 Diamond Bar Boulevard Diamond Bar, CA 91765 Property Owner: Diamond Bar/Grand LLC 2717 West Coast Highway Newport Beach, CA 92663 Applicant: Sunmin Won 364 E. Trabuco Canyon Brea, CA August 12, 2003 Page 3 PLANNING COMMISSION Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(a), the City has determined that this project is Categorically Exempt. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2003-12/Minor Conditional Use Permit No. 2003-10, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3 Development Review No. 2003-16/Minor Conditional Use Permit No. -2003-11 (pursuant to Code Sections 22.48.020, 22.56, and 22.42.080(3)) is a request for an intensification of land use in a commercial center's retail suite from a take out use to a restaurant use and outdoor dining ("Coldstone Creamery"). Project Address: 1127 Grand Avenue Diamond Bar, CA 91765 Property Owner: Diamond Bar/Grand LLC 2717 West Coast Highway Newport Beach, CA 92663 Applicant: Cold Stone Creamery, Ken Hamilton 1127 Grand Avenue Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(a), the City has determined that this project is Categorically Exempt. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2003-16/Minor Conditional Use Permit No. 2003-11, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.4 Conditional Use Permit No. 2000-030) (pursuant to Code Section 22.66.060(2)) is a request. to modify the existing permit to add 1,300 square feet from an existing adjoining retail -$-UitEF:to - be: used -for- the -Montessori � .. Elementary School and to convert the existing -elementary classroom to child day care use. Project Address:xn 23555 Palomino Drive - Diamond Bar, CA 91765 August 12, 2003 Page 4 PLANNING COMMISSION Property Owner: AP Diamond Bar LLC 12383 Lewis Street, # 200 Garden Grove, CA 92840 Applicant: Diamond Bar Montessori Academy .23555 Palomino Drive Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(a), the City has determined that this project is Categorically Exempt. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2000-03(1), Findings of Fact, and conditions of approval -as listed within the draft resolution. 7.5 Conditional Use Permit No. 2003-04 (pursuant to Code Section 22.58) is a request for a women's exercise facility identified as Contours Express in an existing shopping center. Project Address: 968 North Diamond bar Boulevard Diamond Bar, CA 91765 Property Owner: Beal Bank 6000 Legacy Drive Piano, TX 75024 Applicant: Suzette Douglas 4195 Chino Hills Pkwy., #258 Chino Hills, CA 91709 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15303(c), the City has determined that this project is Categorically Exempt. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2003-04, Findings of Fact,-- and �. conditions of approval as listed -within the draft resolution.,;w... 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:.:;_z� August 12, 2003 PLANNING COMMISSION 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Home of the Month - Homeowner recognition program. 9.2 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: CALTRANS MONTHLY Wednesday, August 13, 2003 - 6:30 p.m. MEETING: Government Center/AQMD Auditorium 21865 E. Copley Drive CONCERTS IN THE PARK: Wednesday, August 13, 2003 - 6:30 p.m. "Neil Diamond Tribute" 8:00 p.m., Sycamore Canyon Park 22930 Golden Springs Dr. TRAFFIC AND Thursday, August 14, 2003 — 7:00 p.m. TRANSPORTATION Government Ctr/AQMD Hearing Board Room COMMISSION MEETING: 21865 E. Copley Drive CITY COUNCIL MEETING Tuesday, August 19, 2003 - 6:30 p.m. Government Center/AQMD Auditorium 21865 E. Copley Drive ADMINISTRATIVE REVIEW: Tuesday, August 26, 2003 - 6:00 p.m. Government Center/AQMD Auditorium 21865 E. Copley Drive PLANNING COMMISSION Tuesday, August 26, 2003 - 7:00 p.m. Government Center/AQMD Auditorium 21865 E. Copley Drive PARKS AND RECREATION Thursday, August 28, 2003 - 7:00 p.m. COMMISSION MEETING: Government Ctr/AQMD Hearing Board Room 21865 E. Copley Drive 11. ADJOURNMENT: The Planning Commission will adjourn to an Adjourned Regular Meeting on Wednesday, August 13, 2003, at 5:30 p.m. at City Hall, Conference Room B, 21825 East Copley Drive, Diamond Bar, CA. r-- Fidi _ on - end is ria yd for Mi i n ing DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION J U LY 22, 2003 CALL TO ORDER: Vice Chairman Nolan called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Ruzicka led the pledge of allegiance. 1. ROLL CALL: Present: Vice Chairman Dan Nolan; and Commissioners Joe Ruzicka; and Jack Tanaka. Chairman Steve Tye and Commissioner Nelson were excused. Also present: James DeStefano, Deputy City Manager; Ann Lungu, Associate Planner; Linda Smith, Development Services Assistant; and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As presented. 4.- CONSENT CALENDAR: 5. 4.1 Approval of July 8, 2003, Regular Meeting minutes. C/Ruzicka moved, CfTanaka seconded, to approve the July 8, 2003, minutes as presented. Without objection, the motion was so ordered with VC/Nolan abstaining and C/Nelson and Chair/Tye being absent. OLD BUSINESS:.__'!,'. None. N NEW BUSINESS: ,one. LiKAFT JULY 22, 2003 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 Development Review No. 2001-04(2) and Minor Variance No. 2001-09(2) (pursuant to Code Section 22.66.060(A)(3)) is a request to revise the hours of operation from 11:30 a.m. to 10:00 p.m. daily. Current hours of operation are 6:30 p.m. to 10:00 p.m. Monday through Friday and 11:30 a.m. to 10:00 p.m. Saturday and Sunday. PROJECT ADDRESS: 2020 Brea Canyon Road, Suite A-7 (Lot 180, Tract 30578) Diamond Bar, CA 91765 PROPERTY OWNER: Nathaniel Williams 3029 Wilshire Boulevard #202 Buena Park, CA 90620 APPLICANT: Akbar Ali 8481 Holder Street Buena Park, CA 90620 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2001-04(2) and Minor Variance No. 2001-09(2), Findings of Fact, and conditions of approval as listed within the resolution. DCM/DeStefano reported that staff received three letters today in support of the project. C/Tanaka asked if the shared parking agreement was instituted because there is one owner. DSA/Smith responded that C/Tanaka's assumption was correct. The same owner owned it but there was not a reciprocal parking agreement in effect. Parcel 3 and 4 are not within a 300 -foot radius. VC/Nolan opened the -public -hearing Peggy Guess, Diamond Danceweari-2020 Brea Canyon Road #A5, felt the original parking study determined there -was -not adequate parking. ng. -The surveys )re done on April 18 and April 22. April 18 was Good Friday and there w.- - no cam parked in that parking lot. April 22 is a holiday for the Z eFT JULY 22, 2003 PAGE 3 PLANNING COMMISSION Walnut Valley and Chino Valley School District. She did not receive a mailing. She said she was also representing Martin-Brattrud Properties, the managing general -partner, who said he also did not receive a notice. He wrote a letter opposing the opening of the restaurant and he is adamantly opposed to the restaurant opening earlier because overflow parking from the center parks in his parking lot. She felt the Commission should take into consideration the dates of the survey and that this project will harm the existing businesses. Don Ferderer, insurance agent, 2020 Brea Canyon Road, wanted to go on record as opposing the longer hours for the restaurant. He felt that even though the survey was conducted by an outside source, it was not a true sampling of the situation. Many times he returns from lunch and has to circle his building in order to find a parking space. The restaurant opens at 5:00 p.m. instead of 5:30 p.m., -a violation ofits original agreement ... - Paul Park, 2020 S. Brea Canyon Road #2, deli owner, returns from deliveries about 12:30 to 12:45 and cannot find a parking space except way in the back of a different building, a long walk to his business. Mondays are especially busy because 130 real estate agents meet at 10:00 a.m., and usually stay to conduct business well after noon. He does not oppose the restaurant owner making money and should be open as much as possible. If approved, this will hurt his business because he is open only for lunch. If Mr. Ali is allowed to open for lunch the deli may have to close. Mr. Park responded to VC/Nolan that his business hours are 10:00 a.m. to 4:00 p.m. Mary Ferderer, Don Ferderer Insurance, 2020 Brea -Canyon- Road, presented photographs taking at various times during the day showing- the parking congestion at the center. She- said that one photograph :clearly_showe.d.Mr. Ali's restaurant open at 5:00 p.m. It was-fier un'do.rstan-,ding--the,.restaurant-. was not to open until 5:30 p.m. She- ia-very=-.concGr in a-_*d:tabL0_Ut-.' loslng< business. Naznin Allos, real estate agent, next door to .the restaurant, has workedat the location for several years. She feels that if the restaurant were open for lunch it would not take away any additional, parking spaces. Most of the customers for the deli and Chinese restaurant are the real estate agents: All of the realtors walk from their business to the restaurant or deli. Others who work in the center also walk to the restaurants. She did not feel it was right to J U LY 22, 2003 i i,� 777' L�Lb-N� E, L L. deny the applicant to open for lunch. During weekdays, his business will come mostly from people within the center. She did not feel any other businesses would suffer for having this restaurant open during the lunch hour. Parking is a problem because Chuck E. Cheese customers occupy most of the parking spaces. Ghazala Khan, agent for Ali Akbar, said her understanding from day one was that there was adequate parking. Third party consultants conducted two parking studies that revealed adequate parking for this business. Her office is located across the street from the center. She concurred with comments made by Ms. Allos. She believed that there was adequate parking. She agreed that from time to time, one must drive around the center to find parking. However, there has never been a time when there were no parking spaces available. The restaurant owner has three small children. When his restaurant burned down in Orange County, he was asked to relocate in Diamond Bar. She believed this applicant should be given equal opportunity to conduct business. There being no one else who wished to speak on this matter, VC/Nolan closed the public hearing. DCM/DeStefano stated that two years ago staff's original recommendation for this restaurant was to approve the use for both lunch and dinner. The Planning Commission chose to condition the approval to a dinner business only with a startup time of 5:30 p.m. on weekdays. In July 2001, the applicant came back to the Planning Commission for a modification to allow for a catering business prior to the dinner business startup time of 5:30 p.m. The applicant has the ability to go into the facility to prepare meals for catering with table seating to commence at 5:30 p.m. This current application comes to the Planning Commission with a recommendation for approval for adding lunch business to the existing dinner operation. In June 2001, a parking study was conducted and ultimately reviewed and approved by the City's traffic engineer, Warren Siecke and Associates. In July 2003, staff was supported by a parking study review by a different traffic consultant. Both traffic consultants concluded that there is sufficient parking on-site for —7 .the lunch business. C/Ruzicka asked if staff or the traffic engineers determined the number of additional cars that would visit the site if this review were approved. r L JULY 22, 2003 PAGE 5 PLANNING COMMISSION DCIVI/DeStefano explained that such information would depend on the mix of use and what was occurring at any given hour. According to the parking study there was a peak -parking requirement for 20 parking spaces at lunch for this particular use. C/Ruzicka asked if a condition could be added to require a six-month or annual review of the project. DCM/DeStefano explained that the Commission could require a review or termination time period. C/Tanaka felt the parking survey should be done on days other than holidays. He had a problem with the restaurant posting hours of operation 30 minutes prior to the hour of approval. VC/Nolan asked who picked the dates for the survey? DCIVI/DeStefano explained that the parking study was done by the applicant's parking engineer and selected the dates. It is difficult to say whether the holidays were appropriate days for the study. The only way to be certain would be to conduct the survey on non -holiday days. VC/Nolan felt the center was one of the most difficult locations in Diamond Bar. Absent an adequate study it would not be responsible of this Commission to render a decision. He felt that the bulk of the traffic would be foot traffic due to the types of businesses located in the center. If the agreement was that the business opened at 5:30 p.m. it should adhere to that agreement. He was troubled by the lack of compliance by the business owner. C/Tanaka said that the application is for the business to be open from 10:00 a.m. to 10:00 p.m., not just to add on hours for lunch. He felt that the center would experience a rush of traffic when school let out in the afternoon. C/Ruzicka felt the applicant could have been more careful about how he runs his businessaAt the same-time;the appl icFantig7concerned. aboutoperatiqga,-;-.,.,, business in a section of the City that likely needs this businessaHe was not sure how much the 'parking situation could be improved in the center.- . t�,- According to the analysis of the City's experts there is"adequate parking. He believed the beallowed to operate and that the Commission should place a condfiliun -C.r:-the op::.;J*.,Ii=fin that would give the applicant due notice that he would oper&Ie, like a neighbor, J U LY 22, 2003 PAGE 6 PLANNING COMMISS101 C/Tanaka said he would like to see a new parking survey done on a more appropriate day of the week, not on holidays. He would also like for the applicant to correct his hours of operation. Ms. Kahn explained that the dates chosen for the parking survey were purely coincidental and not intentional. Tuesday and Friday were days of the week encouraged by staff. None of the businesses are closed on Good Friday and they are not aware that the school district is off. If anything, those days may offer increased traffic. The study can be repeated. She asked for clear direction about what days should be selected. With respect to adhering to the hours of business, the applicant indicated that it was most likely a new employee who scratched different hours on the sign. C/Ruzicka moved, C/Tanaka seconded, to reopen the public hearing and continue consideration of Development Review No. 2001-04(2) and Minor Variance No. 2001-09(2) to September 9, 2003. Ms. Kahn responded to C/Tanaka that the applicant's intention was to open from 11:30 a.m. to 2:30 p.m. She said she would clarify the issue of time for the September 9, 2003, hearing. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Tanaka, VC/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nelson, Chair/Tye 7.2 Development Review No. 2003-10 (pursuant to Code Section 22.48.020) is a request to construct a two-story, single-family residence of approximately 12,354 gross square feet including balconies, porch, covered patio, four -car garage, and a site retaining wall with a maximum,exposed height of six feet. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 2878 Crystal Ridge Road ,(Lot A, Tract 47850) Diamond Bar, CA 91766 Diamond F3..,ir West, LLC/ Richard Gf,,.od- 0 348 `', Boulevard #300 17 90503 JULY 22, 2003 F;U04fi PLANNING COMMISSION DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2003-10, Findings of Fact, and conditions of approval as listed within the resolution. DSA/Smith clarified for C/Tanaka that the building height is 33 feet. Kurt Nelson, applicant, said he appreciated staff's thorough report and concurred with the conditions of approval. VC/Nolan opened the public hearing. There being no one present who wished to speak on this matter, VC/Nolan closed the public hearing. C/Ruzicka moved, C/Tanaka seconded, to approve Development Review No. 2003-10, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Ruzicka, Tanaka, VC/Nolan None Nelson, Chair/Tye 8. PLANNING COMMISSION COMMENTS: C/Tanaka asked if the meeting with CA/Jenkins could be moved to August 20 instead of August 13, the last night of the Concerts in the Park series. 114 VC/Nolan looked forward to meeting with CA/Jenkins regardless of a conflict with the Concerts in the Park series. DCM/D.eStefano said he would check schedules. Optionally, the meeting could take place -at -5:30 p.m. in order to allow for attendance at the concert. 114 ITR I - I ivi E -t 10. SCHEDULE OF- FUTURE EVENTS: As listed in the Agenda.. - None Offered. pc..� r.: . �. ►'-+ rev-. 'i JULY 22, 2003 PAGE 8 PLANNING COMMISSION ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Tye adjourned the meeting at 8:14 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Vice Chairman Dan Nolan TO: Chairman and Planning Commissioner FROM: Ann J. Lungu, Associate Planner A SUBJECT: Item 6.1 (New Business) — 2002 General Plan Annual Report DATE: July 29, 2003 IN ff-;T*Tuaq Government Code Section 65400 (b) requires that an annual report be presented to the local legislative body, the Govemor's Office of Planning and Research, and the Department of Housing and Community Development on the status of the General Plan. The annual report shall include the progress in the General Plan's implementation, and in meeting its share of regional housing needs pursuant to Government Code Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. The General Plan Annual Report will be presented to the Planning Commission on August 12, 2003 and will be forwarded to the City Council for review pursuant to the requirements of the Government Code. This report is the fourth annual report and includes the General Plan's progress from January 1, 2002 to December 81, 2002. Staff recommends that the Planning Commission approve the report and forward a copy to the City Council for review. CIENERAL PLAN ANNUAL REPORT Period beginning January 1, 2002 and ending December 31, 2002 INTRODUCTION On July 25, 1995, the City Council adopted the City of Diamond Bar's General Plan. A General Plan is a State mandated document that a city uses to plan the framework for its future physical, social and economic development. A General Plan is considered a long- term document that steers development within a community for 15 to 20 years. By projecting conditions and needs into the future, the General Plan establishes a basis for evaluating current policy and providing insight on future policy. The City of Diamond Bar General Plan consists of six elements as identified below: Land Use Public Health and Safety Housing Circulation Resource- Management Public Services and Facilities The following information provides the implementation status of .each General Plan element. LAND USE Since the adoption of the Land Use Element, development in Diamond Bar has occurred pursuant to the goals, objectives and policies of the General Plan. Diamond Bar is primarily a residential community. Single family detached units represent a majority of the City's housing stock; however multi -family housing exists along Diamond Bar Boulevard, south of Grand Avenue and on Golden Springs Drive, north of Diamond Bar Boulevard. No single-family residential or multi -family subdivisions were approved in the year 2002. However, construction permits were issued for 73 new single-family residences in the year 2002. At the adoption of the General Plan, the existing commercial/ industrial square footage was estimated at 5,865,000 square feet. Since the General Plan's adoption approximately, 538,000 square feet of commercial development has been constructed. In 2002, the City approved a two-story building in the Industrial zone of approximately 36,200 square feet currently under construction and a two-story office building of approximately 25,000 square feet within Gateway- Corporate_.ICenter.The City has also approved several new retail businesses in 2002 which occupy would be vacant retail units. These projects advance General Plan Objective 1.3 that states "Designate adequate land for retail and service commercial, professional services, and other revenue generating uses insufficient quantity to meet the City's needs" and related strategies. These projects also advance General 1 Plan Objective 2.1 and 3.2 which relate to promoting land use patterns and intensities that are consistent with the Resource Management and Circulation Elements and the yielding of a pleasant working environment that attracts the interest of residents, worker, shoppers, and visitors as a result of exemplary design. The design of six medians was approved in 2002. These medians are located at Diamond Bar Boulevard/Temple Avenue, Diamond Bar Boulevard between Maple Hill Road/Mountain Laurel Way, Pathfinder Road/Evergreen Springs Drive, Brea Canyon Road/ Gemdal Street, Golden Springs Drive/Adel Avenue and the northerly segment of Grand Avenue. Construction of these medians will take place in 2003. The installation of new residential street signs with City logo/identification began in 2002. These projects implement General Plan Objective 3.1 and related strategies to create visual points of interest as a means of highlighting community identity and by adding landscaping to medians as an aesthetic feature for the community. The construction of a community/senior center is now underway. This facility will be approximately 22,500 square feet and will be located in Summitridge Park. The facility will provide a dedicated citizen center and a banquet room that will accommodate 50 for dining. The banquet room will have a stage area with video and audio capabilities. Also, there will be specialized rooms available for youth recreational programs. A walking path will be constructed that connects with several trails. The community/senior center implements General Plan Objective 1.4 and its strategies which relates to the designation of adequate land for educational, cultural, recreational and public service activities that meet the needs of Diamond Bar residents. HOUSING The purpose of the Housing Element is to identify and make provisions for existing and projected housing needs. Based on the Strategies within the Housing Element several programs have been implemented. In partnership with Los Angeles County, Diamond Bar continues to offers a first time homebuyers program and Mortgage Credit Certificates. Diamond Bar continues to distribute information regarding the activities of the City to assist the Long Beach Fair Housing Council in the resolution of housing discrimination cases. Assistance in the rehabilitation of homes occurs in conjunction with the Diamond Bar Improvement . Association (DBIA — "Paint -the Town" program) and Community Development Block Grant (CDBG) funds. In 2002, the City has initiated a Home Improvement Program using CDBG funds to assist low/moderate income owners, (owner occupied property) with rehabilitation. This program implements GeneralPlan Objectives -3.1 and 3.2 and.related strategies: ,,,These objectiveis-... relate to maintaining and encouraging the improvement of the quality and integrity of exiting residential neighborhoods by ensuring on going maintenance and rehabilitation of housing units. Also to implement Objective 3.2, information regarding this program is on the City's web site. I, The City continues to enforce its Property Maintenance Ordinance, thereby maintaining the quality of existing neighborhoods. The City implements a proactive Neighborhood Improvement Program by conducting neighborhood inspections on a regular basis and notifying property owners of code violations which are subject to a citation if not addressed. As part of this program, the neighborhood improvement officers refer property owners to the above mentioned programs. The enforcement and assistance also implements General Plan Objective 3.1. RESOURCE MANAGEMENT Issues related to open space and conservation overlap in Diamond Bar. As a result, the City combined its Open Space Element and Conservation Element into one Resource Management Element. The Resource Management Element addresses open space and visual resources, biological resources, and parks and recreation. Additionally, this element establishes strategies for effectively managing local and natural resources to prevent waste, destruction, or neglect. To further Objectives 1.3 of this element and related strategies, the City adopted the Recreational Trails and Bicycle Route Master Plan on May 1, 2001. In 2002, the City designed a trail and head trail for Sycamore Canyon Park that will be constructed in 2003. The City has also designed two picnic shelters for Pantera Park that will be constructed in 2003. In continuing to implement this objective with strategies that encourages improving and enhancing existing recreational areas, the City has designed the ADA retrofit for Starshine Park that will be constructed at a later date. Additionally, the community/senior center also implements Objective 1.3 in that another recreational facility will be available as an active recreational area in the City. To implement General Plan Objective 2.2 related to efficient use of energy by minimizing the consumption of energy resources, the City has installed motion detectors in restroom buildings, timers on HVAC systems and photo cells on security lights in City park facilities. Wherever feasible, the City continues to encourage new development to utilize reclaimed water and the City established Water Efficiency Landscape Standards. City medians continue to utilize reclaimed water, thereby implementing Objective 2.1. Energy conservation is continually encouraged through the City's Subdivision Ordinance and Building and Safety Division requirement. To implement Objective 2.5 and related strategies, Diamond Bar continues to implement its mandatory Source Reduction and Recycling Element with programs that exceed industry standards for residential, commercial and industrial generator of waste and Household Hazardous Waste Element. The City continues -to implement a residential. curbside waste program for recycling materials and green waste as well as continuing curbside pickup of used oil. In 2002, fifty-three percent of the waste collect in the City is being recycled. The City continues to provide a Hazardous Waste Management Program. 3 This year the City received an award, "Best New Program", from Cal -EPA Household Hazardous Waste/Used Oil Program To continue implementing General Plan Objective 2.5 and related strategies, in 2002, the City continues composting of approximately ninety-three percent of its collected street sweeping debris as a means to help meet the AB 939 diversion mandate. The City now has a program that requires the removal of motor vehicles from the streets on street sweeping days. This program was introduced so that the City can be more compliant with the NPDES requirements, Trees are an important natural resource contributing to the environment by replenishing oxygen and counteracting pollution. Trees abate noise, reduce soil erosion and runoff and protect against the risk of flood hazards and landslides. Trees are an aesthetic asset that enhances the visual environment and provide scale, color, aroma, shade, visual buffers between land uses, and increased property value. In the year 2002, the City of Diamond Bar was again named "Tree City USA", thereby implementing Objective 1.1. To continue implementing this General Plan Objective, the City offers a street tree planting program free of change to residents who do not have a tree in front of their home in the public right- of-way. The City will provide 100-200 trees each year. The Public Health and Safety Element contains provisions that relate to the protection of life, health, and property from natural hazards and man-made hazards. It identifies areas where public and private decisions on land use need to be sensitive to hazardous conditions caused by slope instability, seismic activity, flood, fire, and wind. To implement Objectives 1.1 and 1.2, the City in conjunction with the Uniform Building Code continues to mandates site-specific geotechnical investigations to determine appropriate design parameters for the construction of public and private facilities in order to minimize the effects of geologic and seismic hazard on development. Drainage studies are required to ensure that proposed development will be adequately protected, and the development proposal will not create new downstream flood hazards. To implement Objective 1.5 and related strategies which deal with minimizing the risk and fear of crime and create a level of public awareness and support for crime prevention, the City and the Los Angeles County Sheriff Department continue to operate a service center/outpost within a commercial shopping center with operating hours of Monday through Friday from 9:00 a.m. to 5:00 p.m. The Los Angeles County Sheriff Department also continues to maintain several offices within City Hall, thereby allowing deputies to be more readily available to the citizens of Diamond Bar and to administer services and special programs to our community more efficiently. In 2002, tho City Council adopted a resolution approving the Diamond Bar Public Safety Program. The purpose of this program is to educate the community on the City's public 4 safety efforts. This program outlines the partnership between the City, Los Angeles County Sheriff's Department, Inland Valley Humane Society and member of our community that will document the public safety efforts of the City and give all residents a defined set of resources,. goals and objective for. law enforcement services in Diamond Bar. It emphasizes long-term solutions to problems affecting the community, while addressing urgent needs. This program will also assist in implementing General Plan Objective 1.5 and related strategies. The implementation of the City's Emergency Operations Center and EOC program took place in 2002. This program carries out General Plan Objective 1.7 and related strategies for effective emergency preparedness and response programs. CIRCULATION The Circulation Element defines the transportation needs of the City and presents a comprehensive transportation plan to accommodate those needs. The focus of this element is the identification and evaluation of local circulation needs, balancing those needs with regional demands and mandates. The City continues to sell monthly MTA and Metro link passes and Foothill Transit Zone 31 day passes. The City also continues to offer its Diamond Ride program to senior and disabled residences. These programs assist the City in the implementation of General Plan Objective 2.1 that relates to maximizing the use of alternative transportation modes within and through the City in order to reduce the reliance on single -passenger automobiles. In 2002, the City approved a two-story building in the Industrial zone of approximately 36,200 that is currently under construction. A condition of approval for this project incorporates a reduction in parking in exchange for transportation demand management programs, thereby implementing General Plan Objective 4.1 and related strategies. Diamond Bar implements Objective 1.1 and related strategies by continuing to participate in local and regional transportation planning and decision making by implementing the guidelines of the Los Angeles County Congestion Management Plan and participating in the Four Corners Transportation Study and Alameda Corridor -East (ACE) Construction of Authority Project. The City also participates in Pomona Valley ITS Program, an ongoing study for regional traffic management on regionally significant arterial streets. Furthermore, the City has been working with neighboring communities and CalTrans for the construction of a new bridge to link HOV lanes between the Orange Freeway and the Pomona Freeway in Diamond Bar.—This project also includes the realigning of Grand Avenue on-ramp to westbound Route,60 to extend Brea Canyon Road, constructing a new collector road adjacent to westbound Route 60 and adding an auxiliary lane to Grand Avenue off -ramp from eastbound Route 60. Construction for this project will begin in 2003. 5 Through the Capital Improvement Program (CIP), the City continues to make improvements to its system of streets, thereby implementing Objectives 1.2, 1.3 and 3.1 and related strategies. Sidewalks, retaining walls and drive approaches were installed at Grand Avenue, Golden Springs Drive and Propectors Road. Additionally in the year 2002, slurry sealing for residential neighborhoods was completed in Area 4, which in one of the five residential areas that are slurry sealed on a rotation basis. New traffic signals were installed at Diamond Bar Boulevard/Silver Hawk Drive, Diamond Bar Boulevard/ Clear Creek Canyon Drive, 57 Freeway northbound on-ramp and Golden Springs Drive/Sylvan Glen Road. To provide more traffic safety, stop signs were added to the following intersections: Leyland Drive/Wynnwood Drive; Leyland Drive/Newberry Way; Highland Valley Road/Overlook Ridge Road; Sunset Crossing Road/Propectors Road; Cliffbranch Drive/Round Tree Circle; and Gold Rush Drive/ Chandelle Place. In 2002, the City began a citywide Traffic Signalization Timing Plan to reduce traffic delays and implement the free flow of traffic. In 2002, the City implemented stripping modifications to Diamond Bar Boulevard at Gold Rush Drive to improve safety and efficiency of the left turn movement traffic flow. Left turn traffic signals have also been incorporated into intersections at Golden Springs Drive/Temple Avenue/Avenida Rancheros as part of Los Angeles County signal synchronization project. The City installed speed humps in a pilot project area (Navajo Springs Road/Decorah Road between Sunset Crossing Road and Platina Road) to investigate the effectiveness of speed humps in reducing speed levels in residential neighborhoods. The City also completed a $2,000,000.00 traffic flow improvement project on Brea Canyon Road/Pathfinder Road and south to the City limits. The Traffic Safety Program was adopted December 2001 continues in 2002. The Traffic Safety Program provides the City with a means by which to judge the effectiveness of traffic related programs in three areas of concern: Traffic issues involving major roadways; residential traffic issues; and traffic issues related to schools. The program will also develop and market information to all residents concerning driver safety and other traffic related items. This program implements Objective 1.2. PUBLIC SERVICES AND FACILITIES The ' Public Services and Facilities Element deals with the long term provision of municipal services and facilities, and what types of facilities are needed to support those services. This element focuses on: identifying City facilities and services needed to sustain the community's quality of life; long-range planning to fund City services and buildings; and coordinating and cooperating with various local agencies to provide those services not provided by the City. The construction of the new community/senior center implements-General..PlarT Objective 1.4 and 1.5. These objectives relate to pursuing a multi -use community center and provide opportunities for the community no matter age, occupation, income, race, interests and religion to interact, exchange ideas and establish and realize common goals. - 1.1 Diamond Bar maintains a public information program to inform residents of community events. The City continues to maintain community bulletin boards at major locations throughout the City, a web site and Info -To -Go which are constantly updated, City News and City of Diamond Bar Community Recreation Guide. In the year 2002, the City newsletter went from bi-monthly to monthly, accessible on line and through mail. In 2002, the City enhanced DBTV (channel 17), thereby offering more information to the public. In 2002, the City established a new web site that now offers the Municipal Code as well as other additional information. The City has established a Customer Request Management System that will make requests for service and communications to customers more convenient. This system will be implemented in 2003. The City also purchased an information kiosk for the City Hall lobby to be installed in 2003. This year, a crime prevention/information television show identified as "Cop Talk" was launched. The public information services provided by the City implement Objective 1.5 and related strategies. Conclusion For the City of Diamond Bar, the General Plan continues to direct all land use decisions and remains an effective guide for future development. This year several Development Code Amendments were adopted to ensure further implementation of the General Plan. The City continues to pursue economic development to increase city revenues, address traffic related issues and preserve open space. The City looks forward to the completion of the community/senior center building. The City continues to create a community environment that nurtures social, cultural, religious, educational and recreational opportunities for it citizens. 7 City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 7.1 REPORT DATE: August 1, 2003 MEETING DATE: August 12, 2003 CASE/FILE NUMBER: Development Review No. 2003-14 APPLICATION REQUEST: A request to construct a two story, single family residence of approximately 11,358 gross square feet including balconies, porch, attached four car garage and two site retaining walls with a maximum exposed height of six feet and forty-two inches. PROPERTY LOCATION: 3068 Windmill Drive (Lot 5, Tract 48487) PROPERTY OWNER: Windmill Estates, LLC 3480 Torrance Blvd. Ste. 300 Torrance, CA 90503 APPLICANT: Richard Gould 3480 Torrance Blvd. Ste. 300 Torrance, CA 90503 The property owner, Windmill Estates and applicant, Richard Gould are requesting an approval of Development Review No. 2003-01 pursuant to Code Section 22.48.020. A. Approval of this request will allow the construct of a two-story single-family residence with a four car garage, balconies and porch for a total of approximately 11,358 gross square feet. Additionally, the request includes two site retaining walls with a maximum exposed height of six feet and forty-two inches. The project site is located at 3068 Windmill Drive, Diamond Bar, California. The project site is the vacant Lot 5 of Tract 48487, a 15 -lot subdivision with graded buildable pads approved by the City Council on October 20, 1995. Tract 48487 is adjacent to the Country Estates. The rectangular shaped lot has a flat buildable pad and the balance of the lot slopes downward to the canyon and is part of a slope, drainage and maintenance 1 easement. There is a sewer and 30 feet utility easement at the front of the lot. There are also easements for access and street purposes and an easement for sanitary purposes. The lot is approximately .92 gross acres and the buildable pad area is .30 acres. The pad area will remain the same size except for 10 feet that will be expanded on the north side yard to meet required side yard setback regulations from pads edge. The property contains protected/preserved California Black Walnuts trees in the 'rear, due to the mitigation monitoring program located outside of the buildable pad. The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC and zoning designation of Single Family Residence -Minimum Lot Size 20,000 Square Feet (R-1-20,000). Generally, the following zone surrounds the project site: to the north and east is R-1-20,000; to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2); and the west is R-1-20,000 and Single Family Residence -Minimum Lot Size 9,000 Square Feet (R-1-9,000). ANALYSIS: Development Review The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. In this case, the process will also ensure that the proposed project's development yield a pleasant living environment for the residents and visitors as the result of consistent exemplary design. Pursuant to Development Code Section 22.48.020. A., an application for Development Review is required for residential projects, which involve construction on a vacant parcel and new structures, additions to structures, and reconstruction projects which are equal to 50 percent or greater of the floor area of existing structures on site, or have a minimum 10,000 square feet of combined gross floor area. The proposed residential project is on a vacant lot with a gross floor area of approximately 11,358 square feet; therefore Development Review is required with the Planning Commission as the review authority. The following is a comparison matrix of the development standards set forth by the City's Development Code and approved Tract Map No. 48487 and the project's proposed development standards. K CITY'S DEVELOPMENT STANDARDS AS PROPOSED PROJECT'S DEVELOPMENT APPROVED THROUGH TRACT MAP 50314 STANDARDS SETBACKS: MINIMUM FROM PROPERTY LINES SETBACKS: FROM PROPERTY LINES Residence: Residence: • Front yard — 25 ft. from front property line; • Front yard — 32.50 ft.; • Side yard —10 & 15 ft. from the buildable pad's • Side yard —10 & 18 ft from buildable pad's edge; 40' between neighboring structures edge; 40' between neighboring structure • Rear yard — 25ft from buildable pad's edge; • Rear yard —25ft. from buildable pad's edge; BUILDING HEIGHT: BUILDING HEIGHT: • Two stories — maximum 35 ft. from natural or • Two stories with a basement — 35 ft from natural finished grade; or finished grade; PARKING: PARKING: • Minimum two car garage (20' x 20' each); • Garage — 20 ft. X 36 ft. = 720 sq. ft. which will provide a minimum of 4 parking stalls; FENCING/WALLS: FENCING/WALLS: • Maximum exposed height within the side and • Maximum exposed height within north side 6 ft. rear setback — 6 ft; and 42" within the front yard setback. • Maximum exposed height within the front setback — 42 inches; LOT COVERAGE: LOT COVERAGE: Maximum — 30 percent. • 14.86 percent. The proposed project's development standards are in compliance with the required development standards as specified in the Development Code and Tract Map No. 48487 Development Standards. Architectural Features and Colors The proposed residence's architectural style, as referred to in the application is Mediterranean. This style is compatible with other residences in "The Country Estates," and this Tract, due to the eclectic architectural style that is existing in this area. Prominent architectural features include the portico with round arches supported by stylized columns, balconies with baluster railings, quoins and cornices surrounding windows and doors. A materials/colors board has been submitted which delineates the following: Stucco Colors Merlex — P-141 Bisque (light cream base) Roof Eagle- #3555 Alhambra (red) Stone Country Castle — Lompoc — (cream) Colorado Fascia Trims Oyster — SP 511 — (beige) Dunn Edwards Columns White — SP 1 — (white) Dunn Edwards Ballusters & Window Trims Phoenix Villa -SP 2750- (off white) Dunn Edwards The proposed materials/colors board is compatible with other residences within the area. Floor Plan The proposed single-family structure contains two stories. The first floor contains a four car garage, a porch, powder room, living room, dining room, wet bar, kitchen, dirty kitchen, pantry, library, bedroom with walk in closet and bathroom, laundry room and work area with bathroom which may be used as an additional bedroom. The second floor contains a master bedroom with sitting area master bathroom and walk-in closet, four bedrooms of which have their own bathroom and walk in closet, and a linen closet. The work area is included in the number of total bedrooms. A total of 7 bedrooms are proposed with a garage that can park four cars and with the additional driveway that can park three cars. Therefore, staff believes that the number of bedrooms in relationship to the number of parking spaces provided will be adequate. Retaining Walls The City's Development Code permits wall/retaining walls with a maximum exposed height of six feet and forty-two inches within the front yard setback. For this project the retaining wall is proposed at a maximum exposed height of six feet at north side. A Portion of the wall lies within the front yard setback that portion of the wall must be forty-two inches of exposed height. E! View Impact The terrain in the vicinity of Windmill Drive is hilly. The subject site is in the middle of the tract and at a lower elevation than its northerly neighbors are. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. Landscaping/I rrigation[Trees. A landscape/irrigation plan was not submitted with this project's application. The applicant is required to submit landscape/irrigation plans at a later date, reflecting the landscaping guidelines and restrictions set forth by Tract Map No. 48487 for the City's review and approval. Also, prior to issuance of occupancy permits, California Black Walnut trees shall be installed according to ratio, locations, and palette mix specified in EIR No. 91-2. Buyer's Awareness A condition of approval for Tract No. 48487 requires the preparation of a "Buyers' Awareness Package". This includes, but is not limited to: 1. Information pertaining to geologic issues regarding the properties; 2. Wildlife corridors; 3. Oak and walnut preservation issues; 4. The existence and constrains pertaining to Significant Ecological Area No. 15 and Tonner Canyon; . 5. Explanatory information pertaining to restrictions on use of the properties as necessary; 6. And, similar related matters. A program was instituted to include delivery of a copy of the "Buyers' Awareness Package" to each prospective purchaser. This program incorporated a signed receipt by the prospective purchaser verifying receipt of the Package and that the prospective purchaser read the information within the Package. This program also required that a copy of this receipt be forwarded to the City. To ensure the effectiveness of this program, it will be a condition of approval that the applicant submits to the City a copy of this receipt signed by the prospective buyer before the issuance of Certificate of Occupancy. In the event no buyer has purchased the property, then receipt is to be forwarded before approval of future improvements (i.e. hardscapes, pool/spa, retaining walls, additional landscaping.) Additional Review The City's Public Works and Building and Safety Divisions reviewed this project. Their recommendations are within the attached resolution. A ENVIRONMENTAL ASSESSMENT: The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48487 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162 (a) of Article 11 of the California Code of Regulation. No further environmental review is necessary. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on July 29, 2003. Public hearing notices were mailed to approximately 29 property owners within a 500 -foot radius of the project site on July 23, 2003. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on July 24, 2003. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 2003- 14, Findings of Fact and conditions of approval as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: The design and layout of the proposed development is consistent with the General Plan, City Design Guidelines, development standards of the applicable district, and architectural criteria for special areas, (e.g. theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the City's Development Code, the General Plan, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. 1.1 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Lorena Godinez, Planning Intern Attachments: 1. Draft Resolution 2. Exhibit "A" - site plan, floor plan, elevations, and colors/materials board dated August 12, 2003 3. Application 4. Tree Statement 5. Re -Vegetation plan 6. Architectural Rendering 7. Aerial Com munityDevelopment/LorenaGodinezlstaff reports/DR-03-14 7 DEVELOPMENT REVIEW RESOLUTION NO. 2003 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2003-14. A REQUEST TO CONSTRUCT A TWO STORY, SINGLE FAMILY RESIDENCE OF APPROXIMATELY 11,358 GROSS SQUARE FEET INCLUDING BALCONIES, PORCH, ATTACHED FOUR CAR GARAGE AND TWO SITE RETAINING WALLS WITH A MAXIMUM EXPOSED HEIGHT OF SIX FEET AND FORTY-TWO INCHES. THE PROJECT SITE IS LOCATED AT 3068 WINDMILL DRIVE (LOT 5, TRACT 48487), DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Windmill Estates, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2003-14, for a property located at 3068 Windmill Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application." 2. On April 24, 2003, 29 property owners within a 500 -foot radius of the project site were notified by mail on July 23, 2003 and a notice of public hearing on a display board was posted at the project site and displayed at least 10 days before the public hearing. On July 29, 2003, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, three other sites were posted within the vicinity of the application. 3. On August 12, 2003 the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 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 that the project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Nos. 47850, 47851 and 48487 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environment review is necessary. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and. conditioned upon the proposed project set forth in the application, there is no evidence before the Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, the Planning . Commission hereby finds as follows: (a) The project site address is 3068 Windmill Drive, Diamond Bar, California. It is the vacant Lot 5 of Tract 48487, a 15 -lot subdivision with graded buildable pads adjacent to the Country Estates approved by the City Council on October 20, 1995. (b) The rectangular shaped lot has a flat buildable pad and the balance of the lot slopes downward to the canyon and is part of a slope, drainage and maintenance easement. There is a sewer and 30 feet utility easement at the front of the lot. There are also easements for access and street purposes and an easement for sanitary purposes. The lot is approximately .92 gross acres and the buildable pad area is .30 acres. The pad area will remain the same size except for 10 feet that .will be expanded on the north side yard to meet required side yard setback regulations. (c) The property contains protected/preserved California Black Walnuts trees in the rear, due to the mitigation monitoring program located outside of the buildable pad. (d) The project site is zoned Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000). Its General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC. (e) Generally, the following zones surround the subject site: to the north, south and east is R-1-20,000; to the south is Heavy Agricultural - Minimum Lot Size 2 Acres (A-2-2); and R-1-9,000 to the west. K (f) The application is a request to construct of a two-story single-family residence with a four car garage, balconies and porch for a total of approximately 11,358 gross square feet. Additionally, the request includes two site retaining walls with a maximum exposed height of six feet and forty-two inches. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. Originally, Tract Map No. 48487 was an approved Vesting Tentative Tract Map in June 1992. At that time, the city was operating under a draft General Plan. The General Plan was adopted on July 25, 1995 and the Final Tract Map No. 48487 was approved on October 20, 1995. However Vesting Tentative Tract Map No. 48487 was designed at 25 percent below the maximum allowable density and has an overall average density of 1.33 dwelling units per acre which complies with the land use designation of Rural Residential (Maximum 1 DU/AC) identified in the adopted General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space, the City's Design guidelines. The project is consistent with the Tract Map's Development Standards. Furthermore, the proposed project is compatible with the eclectic architectural style and design, materials, and colors of existing homes within the surrounding area. There is no specific or additional community planned development for the site. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. Tract Map No. 48487s Master Environmental Impact Report No. 91-2, certified by the City, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. The project site is an undeveloped lot within an approved tract designed for single-family homes. Windmill Drive and access roads in the vicinity, Wagon Train Lane and Steeplechase Lane, adequately serve the project site. These private streets are designed to handle minimum traffic created by residential development. - Therefore, the use of a single-family 3 residence will not interfere with the use and enjoyment of neighboring existing or future development will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The project's architectural features include the porticolentry with round arches supported by stylized columns, a stone face, balconies with baluster railings, quoins and a stucco exterior with stucco details of cornice and window treatments for styling. These features and the varying rooffines add texture and contrast The proposed materials/colors board was compared with previously approved boards in the vicinity. The combinations of off-white, beige palette and the building's architecture blend and complement the overall streetscape. The selected materials and colors are consistent and the style is compatible with the eclectic architectural style of other homes in neighboring Tract 48487, 47850 and 50314, and the Country Estates, yet allow variation in the overall palette and textures. Therefore, the proposed project is consistent with and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines. There is no applicable specific plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in the above findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. 4 Structural plan check, City permits, and inspections; soils report and Fire Department approvals, are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. Additionally, the terrain in the vicinity of Windmill Drive is hilly. The subject site is at the middle of the tract and at a lower elevation than its northerly neighbors are. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. Additionally, due to the arrangement of the floor plan a Covenant and Agreement is required and runs with the land to maintain a single- family residence. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental impact Report No. 91-2 for Tract Map Nos. 477850, 47851, and 48487 according to the California Environmental QualityAct of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulation. No further environmental review is necessary. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated August 12, 2003, as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition that 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 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 5 contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. The fence shall remain at the buildable pad to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until the Building Official approves its removal. Sanitation facilities shall be provided during construction. PUBLIC WORKS (d) In addition to the specifications in the approved Erosion Control Plan for Tract No. 48487Best Management Practices (BMP's) shall be implemented and maintained for all construction activities. (e) The site plan shows a wall proposed in back of the home at the top of slope. The Tract's rough grading plan shows the rear of the lot sloping downwards. Applicant shall indicate the purpose of a fence wall at its proposed location. (f) The berm constructed at the tope of slope and subdrain shown on the rough grading plan shall not be disturbed. The berm serves as protection from surface water runoff going onto the slopes. Furthermore, the subdrain serves as part of the.slope stability system of a shear key. A precise grading/drainage plan shall be submitted to the Public Works Division for review. (g) Drainage pattern shall be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (h) The Building and Safety Division shall review retaining walls: (1) Retaining wall shall not be constructed of wood or wood products; (2) Retaining wall shall be required to be ornamental by using stucco or decorative block; (3) Engineered calculations shall be submitted with retaining walls; (4) Indicate retaining wall locations on grading plan with standard R detail and delineate: (a) Top of wall; (b) Top of footing; (c) Finish Surface; (d) Structural calculations; and (5) Retaining wall. exposed height shall not exceed six feet and forty-two inches within the front yard setback. (i) Dirty kitchen shall not be used as a second unit. 0) Any future pool and spa or tennis court shall require separate permits. (k) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements. (1) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (m) The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class A"; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All unenclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (n) This single-family structure shall meet the State Energy Conservation Standards. (o) Smoke detectors shall be provided in conformance with the 2001 California Building Codes. (p) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (q) Building setback from any slopes (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 7 All sleeping rooms shall have windows with egress requirements. (s) All balconies shall be designed for 401b. live load. (t) Hand rails and guardrails shall be designed for 201b. load applied laterally at the top of the rail. (u) . Shall clearly, show any/all easements on site plan. (v) Shall provide window and door schedules. (w) Surface water shall drain away from building at a 2% minimum slope. BUYERS' AWARENESS (x) A condition of approval for Tract No. 48487 requires the preparation of a "Buyers' Awareness Package". This includes, but is not limited to: 1. Information pertaining to geologic issues regarding the properties; 2. Wildlife corridors; 3. Oak and walnut preservation issues; 4. The existence and constraints pertaining to Significant Ecological Area No. 15 and Tonner Canyon; 5. Explanatory information pertaining to restrictions on use of the properties as necessary; 6. And, similar related matters. (y) Applicant shall deliver a copy of the "Buyers' Awareness Package" to each prospective purchaser. A signed receipt by the prospective purchaser verifying receipt of the Package and that the prospective purchaser read the information within the Package shall be forwarded to the City. Applicant shall submit to the City a copy of this receipt signed by the prospective buyer before the issuance of Certificate of Occupancy. In the event no buyer has purchased the property, then receipt is to be forwarded before approval of future improvements (i.e. hardscapes, pool/spa, retaining walls, additional landscaping.) (z) Applicant shall make an application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. 1 (aa) Within sixty days of the Certificate of Occupancy, the applicant shall be required to submit a landscape/irrigation plan for the City's review and approval. The plan shall reflect the guidelines set forth by Tract 48487 and delineate the type of planting materials, color, size, quantity and location. Landscape and irrigation shall be installed within six (6) months of the Certificate of Occupancy issuance. (bb) Applicant shall submit a detailed driveway design including pattern and color for Planning Division review and approval. (cc) Applicant shall comply with Planning and Zoning; Building and Safety Division; and Public Works Division; and the application shall be approved by the Fire Department. (dd) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (ee) The owner shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to the issuance of a building permit. (ff) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one - (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Deputy City Manager will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (gg) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the 9 conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees.. 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 Windmill Estates, LLC, owners, and applicant, Richard Gould, at 3480 Torrance Boulevard, #300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 12th DAY OF AUGUST 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Joe Ruzicka, Chairman 1, James DeStefano, 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 July 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary LORENA/RESOLUTIONS/3068 WINDMILL DRIVE DR 03-14 Ice Record Owner Name Windmill Estates, LLC (Last name first) Address 3480 Torrance Blvd.//'300 City Torrance Zip 90503 CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT. SERVICES DEPARTMENT/Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 Phone (909)396-5676 Fax (909)861-3117 l ADMINISTRATIVE DEVELOPMENT REVIEW 0 DEVELOPMENT REVIEW APPLICATION Applicant Richard Gould (Last name first) same as owner Phone( ) 310. 540.3990 Phone ( ) Phone Fax( ) _ .,It o _ 31 6.713 Fax.( ) Fax ( ; L_ z 00 Case # A bte . 2003- 11 Deposit $ 2000.00 i Receipt By 7 Date Recd (n- 1-1 -o,-2, FOR CITY USE Applicant's Agent (Last name first) An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The applicatign fee is either a flat fee ora deposit plus payment of the City's processing costs computed on an hourly basis.. The applicable fee orl deposit amount for this application is indicated above. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs are less than the deposit; a refund will be paid. NOTE: It is. the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, laddresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent of Owners: I certify that I am the owner of the herein -described property and permit the applicant to file this request. Print Name Windmill Estates. LLC (All record owners) SignedDate rte' / (fill record owners) ichard Gould -Windmill Estates, LLC Certification of Applicant: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge.j Print Name Richard Gould ^� (A licant or Ag W) Signed -7 Date (Applicant or Agent) -' Location '3068 Windmill Drive — Tract 48487 Lot 5 (Street address or tract and lot number) Zoning R-1-20,000 House Numbering Map/aerial Previous Cases n/a Present Use of Site vacant lot Use applied for dew Single Family residence - City Of Diamond Bar DEVELOPMENT REVIEW/ADMINISTRATIVE DEVELOPEMNT REVIEW APPLICATION .LEGAL DISCRIPTION (All ownership comprising. the proposed lot(s)/parcel(s). Tract No. 48487 Lot No. 5 Areaidevoted to structures _ 5,615 sf % Landscaping/Open space34,460 sf % Project Size/(gross square feet): 9,071 sf Lot Coverage 14.86 % Proposed density j (Units/Acres) Styleof Architecture Mediterranean Number of Floors Proposed 2 Slope,of Roof 5:12 Grad(ng If Yes, Quantity Cut Fill Impott If Yes, Quantity Export If ,Yes; Quantity Retaining Walls Maximum Exposed Height Complete pages 3 and 4 Burden of Proof [ ] The subject property contains no oak, walnut, sycamore, willow, or naturalized California Pepper trees. ttl The subject property contains one or more oak, walnut, sycamore, willow, or V4 naturalized California Pepper trees. The applicant anticipates that no activity (grading and/or construction) will take place within five (5) feet .of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. [ j The subject property -contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant states that activity (grading and/or construction) wall take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. A Tree Permit has been or will be applied for prior to any activity taking place on the property. (Applicant's Signa re) D:WORD-LSNDA\FORMs1T'REE STATEMENT'.= CUA -7_5 (Dat CITY OF DIAMOND BAR Site Coverage Calculation: Lot 5 Tract 48487 3068 Windmill Dr. Diamond Bar, Ca First Floor 4628 sq. feet Garage 759 sq. feet Accessory. structures 572 sq. feet (as described- below) Additional Footprint sq. feet Total square feet 5959 sq. feet Total square feet (from above) Lot area square feet = 14.86 percent (shall not exceed 40%) 40,089 s.f. Effective Jan. 2002 Site Coverage. The percentage of total site area occupied by structures. Structures/building coverage includes the primary structure, all accessory structures (e.g., chimneys, balconies, decks above the first floor, porches, stairs, etc. Structures/building coverage is measured from exterior wall to _:_._._._._._._.___._.� exterior wall. i k_ Landscaped area L* 130ding Revised 5102 Zoningbearance /Plot Plan Application 8 ;ovcragc'a1.'-' P-141 Bisque (A base) STUCCO STONE SP 511 OYSTER FASCIA & TRIMS SP 1 WHITE COLUMNS SP 2750 PHOENIX VILLA BALLUST ERS & WINDOW T RIMS PRoposED E..NTERI®R MATERML, SPECIFICATION 3068 WINDMILL DRIVE TRACT 48487 / LOT 5 CITY OF DIAMOND BAR = `: Presented by IMNDMILL ESTATES, LLC 95/9.Q/2000/NT Scale 1:2289 _il Eli 91 —1 k'W 38 UII� gE fln a° 311 !} e is @3 j P flill @g 3z= g 5a er CEgPhB 91 91, 33B3 gypy g3 flgF€E$R � �gj3� � g 333 fl E�;� a€ €& A A �.a ifl o3e n°.o8 Z6 fle�I pll fl��6 °�9C .es8 gg•�E���" �� ea °'$ �5gg{' 2�P€ eE4°6��g5 g9g5 9� fl�� �E eR � � H" a 3 °Gai k���7➢g '3 c I s I @flfl €eke ee I RE a �E3n ffl fl I b °eae f' n I I=, N K PROPOSED RESIDENCE FOR R GOULD & ASSOC., INC, na+Gntts.luclzs,Ala PLOT PLAN DR. JOHN & BRENDA FONMIN a p CRYSTAL voce ESTATES 0 E 5 1 G N a P L A N N I N G J ff WNWn i fN i . RiAuoxn RAR. CA Ell 11 ieI-ill, co ISMOTHY . RACISZ, IUA R GOULD & ASSOC., INC. .... IS E s I G N . PLANHING ri T,)R�m BLVD. .1. mm TDRRA� VX `W,� app --M - — (XID) (310) �] mo t 17 PROPOSED RESIDENCE FOR 5. 1 T DR. JOHN & BRENDA FONMIN ELEVATION CRYSTAL L RIDGE ESTATES 3068 YANDMILL DRIVE . DIAUDND SAP CA LDT 5 TRACT 48487, CO. OF LOS ANrELFS m RACISZ, &M R LD & ASSOC., 111C. Gouns r 0 E s I G N I P L A N H I IN G 3480 TCN M O.W. MITE WB -M PROPOSED RESIDE NCE FOR DR. JOHN & BRENDA FONMIN 6 ELEVATIONS CRYSTAL RIDGE ESTATES 1 WINDMILL DRIVE , DIAUDND BAR. CA LOT 5 TRACT 48487, CO. OF LOS MCELES A AGENDA ITEM NUMBER: t-7- �— REPORT DATE: August 4, 2003 MEETING DATE: August 12, 2003 CASE/FILE NUMBER: Development Review No. 2003-12/Minor Conditional Use Permit No. 2003-10 APPLICATION REQUEST: A request for a land use intensification in the commercial centers retail suites of 1,400 square feet to a restaurant use with outdoor dining PROPERTY LOCATION: 1221/1223 Diamond Bar Boulevard PROPERTY OWNER: Diamond Bar Grand LLC, 2717 W. Coast Highway, Diamond Bar, CA 91765 APPLICANT: Sunmin Won, 364 E. Trabuco Canyon, Brea, CA 92821 It's a Grind, Coffee Shop The property owner, Diamond Bar Grand LLC, and applicantlagent, Sunmin Won, request approval for a land use intensification to modify 1,400 square feet of retail suites (travel agency and nail salon) to a restaurant use with outdoor dining. The Application, It's a Grind, does not include alcoholic beverages, and/or entertainment. The owner/applicant is required to obtain additional approvals for either of these uses should they be requested in the future. The address is 1221/1223 Diamond Bar Boulevard. The suites are at the southwest corner of Diamond Bar Boulevard and Grand Avenue and are part of the 6.76 acre existing shopping with two buildings that includes Albertsons and the Pomona First Federal. This center is on five lots/parcels and has a reciprocal parking and access agreement. The mixed uses include small retailers, grocery store, restaurants, and service uses. The project's General Plan land use designation is General Commercial (C), which provides for regional, freeway oriented, and/or community retail and service commercial uses. The project is zoned Unlimited Commercial -Billboard Exclusion (C -3 -BE) that uses C-3 regional commercial district development standards. The proposed Application is a restaurant use and is consistent with the General Plan and Zoning. The following zones and uses surround the project site: Unlimited Multiple Residence - Minimum Lot Size -8,000 square feet -25 units per acre (R -3-8000-25U) Zone is to the north and west; and the Unlimited Commercial (C -3 -BE Zone) is to the south and east. REVIEW AUTHORITY Per Municipal Code Sections 22.48.020, 22.56 and 22.42.080(3), an intensification of use requires Development Review and outdoor dining approval requires a Minor Conditional Use Permit. These reviews are acted upon concurrently and the highest authority, Planning Commission, makes the final determination. This review process establishes consistency with the General Plan through the promotion of high aesthetic and functional standards and ensures that new development and/or intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors. Municipal Code standards promote development that respects the community and the site's physical and environmental characteristics. The Minor Conditional Use Permit reviews the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare. ANALYSIS: DEVELOPMENT REVIEW/MINOR CONDITIONAL USE PERMIT ® Tenant Improvements The existing uses are a travel agency and a nail salon. The proposed intensification adds tables for indoor seating in the combined 1,400 square feet suites and requests an outdoor dining area. The restaurant is proposed to seat 20 inside and as amended 16 outside. The restaurant serves coffees, other beverages, sandwiches, salads, and pastries. The food products are ready made and brought to the restaurant. ® Outdoor Seating/Dining The proposed outdoor seating area is on the Grand Avenue and Diamond Bar Boulevard sidewalks. There is existing outdoor dining at the Taco Factory and a separate request for the Cold Stone to extend that outdoor dining area. The wrought iron area helps to define the outdoor dining area and eliminate pedestrian travel where food and beverage are served. Staff recommends that the outdoor dining area be restricted to the Diamond Bar 2 Boulevard facing sidewalk only. A condition has been added for the Owner/Applicant to redesign the outdoor dining plan to eliminate tables and chairs on the sidewalk facing Grand Avenue. Also, for the Owner/Applicant to redesign the outdoor dining plan for the sidewalk facing Diamond Bar Boulevard to include the following and submit the plan to the Planning Division for approval: 1. Install wrought iron similar to Taco Factory on the existing sidewalk facing Diamond Bar Boulevard so that a minimum of four (4) feet sidewalk path of travel is provided for pedestrians; 2. Install concrete bumper strips in the parking stalls adjacent to the sidewalk of the subject revisions to prevent overhang on the pedestrian walkway; 3. The use or span of the umbrellas shall not extend into the pedestrian path of travel. The following is a table of the City requirements and the proposed project's for outdoor dining: City Requirements Project's 22.42.080(C) - Outdoor dining and seating areas. Outdoor dining and seating areas are allowed subject to the approval of a Minor Conditional Use Permit, in compliance with Chapter 22.56 (Minor Conditional Use Permits) and the following standards: 1. Alcoholic beverage sales. Areas in which alcoholic beverages will be served shall comply with the standards established by the State Department of Alcoholic Beverage Control, and None the following standards: a. Accessible. The dining area shall be accessible from inside the restaurant only, unless No the Director waives this requirement in circumstances where this is not feasible or alcohol - practical; waived b. Physically defined. The dining area shall be clearly and. physically defined. It shall be clearly a part of the restaurant it serves; and c. Supervision. The dining area shall be supervised by a restaurant employee to ensure Cond. compliance with laws regarding on-site consumption of alcoholic beverages. 2. Parking requirements. Outdoor dining and seating areas shall comply with the following off-street parking requirements: a. Parking calculations. Off-street parking requirements shall be calculated in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). The Director may Meets reduce or waive parking requirements for outdoor dining areas less than 400 square feet Code in area that are operated on a seasonal basis; and b. Additional off-street parking. Outdoor dining areas that are not part of a specific N/A restaurant, but are used in common with several restaurants or tenants within a commercial center shall not be required to provide additional off-street parking for these common outdoor areas. 3. Clean-up facilities. Outdoor dining areas, whether part of a restaurant or seating in cc ' mmon, shall provide adequate clean-up facilities, and associated procedures, in the following manner: a. Cleaning schedule. Outdoor dining areas shall be cleaned on a continual basis for Cond. removal of lifter and food items which constitute a nuisance to public health and safety; 3 b. Waste receptacles. Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees. Cond. 4. Design compatibility. Outdoor dining and seating areas are subject to Development Review in compliance with Chapter 22.48 (Development Review). To ensure compatibility Cond. with surrounding uses and a high standard of design quality, the following standards shall be implemented: a. Compatible elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas or other physical elements which are Cond. visible from the public rights-of-way, shall be compatible with the overall design of the main structure(s); b. Entertainment. Outdoor dining and seating areas that provide dancing, entertainment or amplified music shall require the preparation of a noise analysis with appropriate Cond. mitigation measures to ensure that noise levels will not exceed those specified in Chapter 22.28. (Noise Control); c. Pedestrian experience. The use of awnings, plants, umbrellas and other human scale elements is encouraged to enhance the pedestrian experience; Meets. d. Potential impacts. Outdoor dining and seating areas and their relation to churches, Code hospitals, public schools and residential uses shall be considered by the review N/A authority. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise; e. Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or pedestrian traffic flow and not necessitate the removal of existing pedestrian or vehicular Cond. movement areas; f. Separation requirements. Outdoor dining and seating areas shall be separated from residential uses, at a minimum distance of 200 feet, except in mixed-use projects; N/A g. Setbacks. Outdoor dining and seating areas shall be setback a minimum of five feet from property lines or parking lots; Cond. h. Waste receptacles. Waste receptacles shall be provided in outside seating areas, where and when appropriate. Cond. 5. One year review required. Minor Conditional Use Permits for outdoor dining and seating areas are subject to review after one year, at which time the Director shall Cond. conduct a study to determine if adverse. impacts have resulted from the use. If none are found, then a permanent Conditional Use Permit may be granted. ® Hours of Operation/Number of Employees The restaurant plans to operate from 5:30 a.m. to 11:30 p.m., Monday through Thursday, and until 12:00 a.m. on Friday through Sunday. Many of the businesses in this area close at 6:00 p.m. The restaurant is expected to have eight employees, two per shift. 4 ® Parking Sufficient parking exists on-site. Restaurants require one parking space per each 75 square feet of gross floor area for patrons, plus one parking space for each 300 square feet of service area. Staff estimates the square feet for patrons is 840 square feet and the service is 560 square feet. for a total parking requirement of 13 spaces. The revised outdoor dining at approximately 360 square feet requires four (4) spaces at one space for each 100 square feet. This is a total requirement of 17 spaces, however, six parking spaces are required for a 1,400 square feet retail use; therefore, this use requires 11 more parking spaces than the current mix of uses. The shopping center has a reciprocal parking and access agreement. Per Municipal Code Section, 22.30.040, Table 3-10, shopping centers over 50,000 square feet require one (1) parking space for each 300 square feet. The attached analysis of existing uses with. their operating hours requires a total of 262 parking spaces, and 290 are provided (Attachment "3"). At full capacity, adequate parking exists on site to accommodate the uses with 28 excess spaces calculated. Attachment "3" indicates that the intensified parking requirement for Cold Stone and the It's a Grind approvals require 13 spaces, leaving 15 spaces over the needed Municipal Code requirement. A site visit indicates the parking lot is in good condition. The driveway approaches are also in good condition. Therefore, the Application is not required to re -surface, re -stripe, and/or repair the parking lot and driveway approaches. ® Landscaping The project site contains existing landscaping. A site visit indicates that the landscaping is in a reasonably good condition. Therefore, the Application is not required to provide additional landscape. improvements. However, the potted plants as noted above Item 4 are a required addition to the landscaping. . . ® Signage Signage is not a part of this application. Proposed signage will be reviewed at a later date. • :Mvil The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the conditions of approval. M On July 24, 2003, 571 property owners within the project site's 700 feet radius were mailed a public hearing notification, and the public hearing notification was posted at three other public places in the application's vicinity. On July 29, 2003, this project's public hearing notification was made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers, and the public hearing notification was posted at the site on a display board. IZ-14*1Jd :4 ki The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15301(a). No further review is required. Staff recommends that the Planning Commission approve Development Review No. 2003- 12 and Minor Conditional Use Permit No. 2003-10, Findings of Fact, and conditions of approval, as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and. attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public; as well as, its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). L^-` I DEEM] I -P 111 111111 1 . The proposed use is allowed within the subject zoning district with approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing ad future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. Draft Resolution; 2. Applications; 3. Parking tenant information; 4. Restaurant photo; 5. Aerial; 6. Exhibit "A" - site plan, floor plan, elevations, dated August 12, 2003. a DRAFT A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSIO APPROVING DEVELOPMENT REVIEW NO.2003-12, MINO - CONDITIONAL USE PERMIT NO. 2003-10 AND CATEGORIC EXEMPTION, A REQUEST FOR A LAND USE INTENSIFICATION I THE COMMERCIAL CENTEWS RETAIL SUITES OF 1,400 SQUAR] FEET TO A RESTAURANT USE WITH OUTDOOR DINING. TH PROJECT ADDRESS IS 1221/1223 DIAMOND BAR BOULEVAR DIAMOND BAR, CALIFORNIA. A. RECITALS 1 The property owner, Diamond Bar Grand LLC, and applicantlagent, Sunmin Won, have filed an application to approve Development Review No. 2003- 12, Minor Conditional Use Permit No. 2003-10, and Categorical Exemption, for a property located at 1221/1223 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On July 24, 2003, 571 property owners within the project site's 700 feet radius were mailed a public hearing notification and three other public places in the application's vicinity were posted. On July 29, 2003, this project's public hearing notification was made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers, and the public hearing notice was posted at the site on a display board. 3. On August 12, 2003, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. UNERMOX"Mea NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: ' 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 that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines 1 DRAFT ATTACHMENT "l " promulgated thereunder. This is pursuant to Section 15301(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project address is 1221/1223 Diamond Bar Boulevard. The project's suite is in a 6.76 acre existing shopping center at the southwest comer of Diamond Bar Boulevard and Grand Avenue. The shopping center has a reciprocal parking and access agreement for the five lots/parcels. (b) The project's General Plan land use designation is General Commercial (C) and is zoned Unlimited Commercial -Billboard Exclusion (C -3 -BE). (c) The following zones and uses surround the project site: Unlimited Multiple Residence -Minimum Lot Size -8,000 square feet -25 units per acre (R -3-8000-25U) Zone is to the north and west; and the Unlimited Commercial (C -3 -BE Zone) is to the south and east. (d) The Application is a request for a land use intensification in the commercial center's retail suites of 1,400 square feet to a restaurant use with outdoor dining. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site's General. Plan land use designation is General Commercial (C). This land use designation provides for regional, freeway oriented, and/or community retail and service commercial 2 DRAFT ATTACHMENT "l " uses. The proposed project is considered a retail commercial use and is consistent with the General Plan. There is no change to the building's exterior and the current site's architectural style, construction materials and colors are consistent and compatible with the surrounding commercial sites. An existing outdoor dining use is located nearby. An outdoor dining area will be created on the sidewalk facing Diamond Bar Boulevard, while leaving ample pedestrian path of travel. As amended herein, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan and Design Guidelines. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is zoned Unlimited Commercial -Billboard Exclusion (C -3 -BE). The C-3 Zone permits a restaurant service and with the appropriate approvals outdoor dining. There is no change to the building's exterior and the current site's architectural style, construction materials, and colors are consistent and compatible with the surrounding commercial sites. An existing outdoor dining use is nearby. An existing outdoor dining use is located nearby. An outdoor dining area will be created on the sidewalk facing Diamond Bar Boulevard, while leaving ample pedestrian path of travel. As amended herein, the current site is adequate in size and shape to accommodate the use, the parking and loading facilities, landscaping and other development features prescribed in the Code, or as required in order to integrate said use with the uses in the surrounding area. Grand Avenue and Diamond Bar Boulevard adequately serve the project site. Grand Avenue and Diamond Bar Boulevard are designed to provide an ingress/egress to the project site and to handle traffic created by this type of development. Therefore, the design and layout will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. There are no changes proposed in the architectural design of the project site's existing retail shopping center. The site's current 3 DRAFT ATTACHMENT "1" architectural exterior design is consistent with the City's Development Review standards in that the project has an orderly and harmonious appearance to the existing structures, existing and new outdoor dining areas, parking area, landscaping, and has an existing architectural design that is compatible with the surrounding commercial uses. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in the above findings (f) and (g), the project site's current exterior design and outdoor dining areas are consistent with the applicable elements of the General Plan and development standards of the zone through its design, use of materials, colors, and landscaping. Therefore, the design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, inspections, Fire Department, and Health Department approvals are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in the vicinity. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15301(a). MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject zoning district with approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. 4 DRAFT ATTACHMENT "l " Per Diamond Bar's Municipal Code, Chapter 22. 10. Table 2-6, the proposed restaurant with outdoor dining/seating is permitted in the C- 3 Zone with the review and approval of a Minor Conditional Use Permit. As conditioned, the proposed use will comply with all other applicable provisions of the Development Code. The proposed use is consistent with the General Plan and any applicable specific plan. The project site's land use designation is General Commercial (C). This land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a retail use and is consistent with the General Plan. There is no applicable specific plan. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. A portion of the sidewalk facing Diamond Bar Boulevard will become an outdoor dining area. There is an existing outdoor dining area nearby the proposed use. The creation of the outdoor dining area will not substantially alter the center's physical appearance. Operating characteristics will be compatible with the existing and future land uses in the vicinity as conditioned through the Minor Conditional Use Permit process. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. There is an existing outdoor dining area nearby and the addition of an additional outdoor dining area on the sidewalk facing Diamond Bar Boulevard will not substantially alter the center's physical appearance. The site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints, Furthermore, the project site contains an adequate number of parking spaces needed for the proposed use and other tenants as required by Municipal Code 22.30.040, Table 3-10. Therefore, the subject site is physically suitable for the type and densitylintensity of use being proposed. 5 DRAFT ATTACHMENT "I" (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. Structural plan check, City permits, inspections, Fire Department, and Health Department approvals are required. These processes and operational conditions listed within this resolution indicate that the granting of the Minor 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 which the property is located. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15301(a). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, and floor plans collectively labeled as Exhibit "A" dated August 12, 2003, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that 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 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. (c) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. DRAFT ATTACHMENT 1 " PUBLIC WORKS/BUILDING AND SAFETY (d) The applicant shall be responsible for acquiring the appropriate industrial waste permits with Los Angeles County and obtain approval from the Los Angeles County for the grease trap. Additionally, the applicant shall ' conform to the NPDES requirements for food waste disposal and Health Department requirements for food service. (e) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements. (f) Plans shall meet all B -2 -occupancy requirements. (g) Applicant shall comply with State Handicap Accessibility Regulations (i.e. van parking, shortest route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooms, ramps, distance in service area, aisles, etc.). (h) Men's and Women's restrooms shall be provided if the restaurant establishment employs four or more employees at any given time. (i) The existing restroom shall meet current handicap accessibility requirements. The restroom access doors shall be clearly marked with symbols. (k) One seating space in the restaurant patron area shall be provided for handicap use. (1) Applicant shall obtain Health Department approval. (m) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (n) The applicant shall comply with the requirements of the Fire Department; City Planning, Building and Safety, and Public Works Divisions. (o) Hours of operation shall be between 5:30 a.m. to 11:30 p.m., Monday through Thursday, and until 5:30 a.m. to 12:00 a.m., Friday through Sunday. IN DRAFT ATTACHMENT 1 " (p) Alcoholic beverages, and/or entertainment are not a part of this approval process and shall not be provided. (q) Owner/Applicant shall redesign the outdoor dining plan to eliminate tables and chairs on the sidewalk facing Grand Avenue. (r) Owner/Applicant shall redesign the outdoor dining plan for the sidewalk facing Diamond Bar Boulevard to include the following and submit the plan to the Planning Division for approval: � 1. Install wrought iron similar to Taco Factory on the existing sidewalk facing Diamond Bar Boulevard so that a minimum of four (4) feet sidewalk path of travel is provided for pedestrians; 2. Install concrete bumper strips in the parking stalls adjacent to the sidewalk of the subject revisions to prevent overhang on the pedestrian walkway; (s) Umbrella span and use shall not extend into pedestrian path of travel. W This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one - (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Deputy City Manager will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (u) This grant shall not be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (v) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 0 FITI-XV2_1 Uyl I—ITO] 0 1 & 1: a 01 k a a 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 owner, Diamond Bar Grand LLC, 2717 W. Coast Highway, Diamond Bar, CA 91765, applicantlagent, Sunmin Won, 364 E. Trabuco.Canyon, Brea, CA 92821. APPROVED AND ADOPTED THIS 12th DAY OF AUGUST 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Steve Tye, Chairman 1, James DeStefano, 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 August 2003, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: James DeStefano, Secretary �9 MAY 27-03 RON 3:43 PM ATTACHMENT "2" FAX 1110. E62 BL- 5;' CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT/planning Division 21825 F. Cooley Drove Icasev ifqe, Diamond Bar, CA 91765 (Deposit 2000.00. 110 � Phone (909)396-5676 Fax Meceititn' 191)9)861.3117 lay 10ale Rec'c 1851 ,C ADMINISTRATIVE DEVELOPMENT REVIEW FOR cirrus )2rr)EVELOPMENT REVIEW APPLICATION Record Owner -Name Applicant s Agen, li-a-St name first) Sun (Last norno first) �"4'6 (Last name i.rsj) City -ALL -u 4-B Phone ( Phone Fax LLJCIL: Phone Fax( ) L -aa , .1 An application fee in accordance with Section 22.44.0 Fax eltrier a flat fee Or a deposlt plus payment 40 of the MUtl,C,Paf Code must A P�?_ ------- of the Crr/"; Processing c LtOmPany this Applicalion. The aPPIlcation fee is amount for IN3 application is indicated OsIs Computed on the deposit Prior 10 issuance of the permit; above. It It is a deposit, the ap an hourly basis. The if processin Plicant shall Pay any processing AP0110ble fee or deposif 9 Costs are Idles than U* costs that exceed he amount d9POsft, 8 refund will Im-pald. of NOTE: It is the aDolicant's responsibility to MONY the City in writing Of any Change Of the processr.,Ig 'Drl"'Pals Involved during the of this case (Attach seoarate sneei. if necessary, including narnes. 200resses, and signatures or members of Parinersn'Ds. io,nt ventures ano directors of corDoral'ons.) Consent of Dwners.. this request. certifY that I 0M fhe Owner of the hersin-described property and permit the applicant to fiffe Pfirt Name Date Certification of AiDWICant. 1. theunders'Uned. Provided is co"re" to the best Of my knowlect9ri"ereby certify under penetift e. Gn^t Pana infOrmiltiory herein Aj I.,111-can1N Agent! �QC81jor 12 2.1 g 1 - Date --L7—aTHouse Nurribenng Majyjaeria) Pres-%—: use cl S -1E I , Previous Case, Use aPPliev Record Owner rAX N0. 562 803 551? CRY OF VIAMOND &AR Dl:lt'EIOPMMUNRY AND MENT DEPARTMENT Planning division 21825 ECopley Co Diamond Bar, y Drive Phone (go Diamond 396• CA 81765 e-mail3 5676 f=ax (909) 861-3117 ®ci diamond-bar.ca.us b CONDITIONAL. USt: pZRMNT MliVOR CONDITIONAL. USi' PE Deposit 14 cetpt tx '"_---- --i IBY Name SIT Applicant (last name fir i) �� Applicant's Agent Address /r •.�_!,(,�CTii �+ (Last name first) ._ _ti/ y---�„2r 7- (Last Zip �ctC'dx• Hanle first) �3 _ Phone ( )�--�"�--------...r...-- Fax I i SZ;` Phone el Fa- i v 2. � f Phone""'--- -...._._ •,.�„•, mss, c da ee —_i_�_ An application f '�/`'�, j,% ,� x Application. The a f li accordance with S - 2-e -QC,, J S costs computed PP cation tee ectfon 22,44,040 —�'— above o puted On an hours is either a flat fee or a de f the Municipal Code it is a deposit y basis. The applicable vee Posit Pam tntist acro deposit prior the applicant or de Pius y ent o/ the mPany this to is shah Posit arnount for City s•processin Of the permit; if Proc®ssiany Processing costs this epAtic 9 g costs are less than the deposited e exceed cation is indicated NOTE: it is the amount ProcessingaPPitcant's res Posita refund will be f the DartnefsnI°' tn's case tAuaPionsiPU,ty to notify the Paid. Ds, lo�nl "entcas and se orate sheet, it Cin writing of an �luectors of corporations) necessary. includin V change of the principals Consent: t certify th '' 9 names, addresses, involved during request. aKem l/re owner and signatures the the of members o f r9 -described property and peroait the Signed Yapplicant to Isle this t e roe47 p�„�., yrs f und Certification !, the Cate- _ -7/ er correct to the best of Signed, mY hereby certify frnowtedgeunder persalt p ^"`�--"'.-.---- Print Name yOf perjury rA o cap Or A—ge�nG �, motion herein provided is rn t , Stgnec �•-- ,•�-L Location�n` r iADPnc. ol D oteCl-- �----_ Date _-'�T'� '--- t5treetadar LL/ ? ess Or tract ana tot numpe� ni�a . t, 6 Oning — 'evtous Cases Numbertng Map Revised 2/5103 [Date] Letter of Intent to Lease VIA FACSIMILE & REGULAR MAIL [Landlord's Name] [Landlord's Address] [City, State ZIP] Dear [XYZ], It's A Grind Coffee was founded in 1994 and is one of the nation's premier specialty coffee franchise companies. Their stores offer fresh micro -roasted whole bean coffees, traditional and espresso based coffee drinks, iced and blended coffee drinks, bagels, sandwiches, salads, pastries and desserts. It's A Grind's unique roasting allows them to provide an Espresso that when used in any beverage (i.e. cappuccino, latte, mocha) maintains its rich, fall flavor. They are proud of their store layout and the investment they make in creating an inviting, cozy and clean atmosphere. Unlike other concepts, they design and manufacture their own furniture to ensure their look is complimentary of the center's aesthetics. This letter is intended to summarize the basic terms of a proposed lease by [name of franchisee or franchisee's company] as Tenant, for a new [1,250] square foot It's a Grind Coffee House store located in the [Manhattan Marketplace at the Southeast corner of Rosecrans Ave. and Apollo St.] This letter is only a proposal and does not contain all of the terms that will eventually need to be agreed upon. On behalf of my client, we are pleased to present to you the following proposal. Thank you for your consideration. TENANT: [XYZ], dba, "It's A Grind Coffee House" LANDLORD: [Insert Landlord Name] PREMISES ADDRESS: [Insert Premises Address] PREMISES: Approximately [1,250] square feet at the Minimum Monthly Rent sent forth below. Tenant shall also have the right to use all of the patio and sidewalk space adjacent to the Premises at no charge to Tenant. Ten (10) years. Rev. 3/03 Page 1 of 11 MAY -27-03 MON 3'44 PM PAL A -TONES PAX NO. 562 BE r. � TREE PRESERVATION STATEMENT The subject property is % acre or less and is exempt from Tree Preservation Requirements. (✓j The subject property contains no native oak, walnut, sycamore, willow, or naturalized California Pepper trees. j The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant anticipates that no activity (grading and/or construction) will take place within five (3) feet of the outer dripline of any oak, walnut. sycamore, willow, or naturalized California Pepper tree. ( J The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant states that activity (grading and/or construction) will take puce within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized Califomia Pepper tree. 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I TOWNE CENTRE VILLAGE Diamond Bar, California SHOPSB S PS H= D A LB-cATso N:T SHOPS 70* LU TT11T1T1T1*1I-IAjj-M III [I I PO MI > < 0 < LILL FL I h SHOPS 50, BANK I (Not a part Li _j 1 tk) i iii DIAMOND BAP BOULEVARD H - Handicap Parking Stall 0 - Handicap Access Ramp 280 -Parking Stalls 10 - Handicap Parking Stalls 290 -TOTAL PARKING STALLS �- E � 14-f 0 f T 1, A il k 0 3 - I `6' qqI F"t CINIUDYsat City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: -_7 REPORT DATE: August 4, 2003 MEETING DATE: August 12, 2003 CASE/FILE NUMBER: Development Review No. 2003-16/Minor Conditional Use Permit No. 2003-11 APPLICATION REQUEST: A request for a land use intensification in a commercial center's 1,149 square feet retail suite from a take out use to a 6& with indoor and outdoor seating 1 PROPERTY OWNER: Diamond Bar Grand LLC, 2717 W. Coast Highway, Diamond Bar, CA 91765 APPLICANT: Ken Hamilton, Cold Stone Creamery, 1127 S. Grand Avenue, Diamond Bar, CA 91765 BACKGROUND: The property owner, Diamond Bar Grand LLC, and applicantlagent, Ken Hamilton, Cold Stone Creamery, request approval for a land use intensification in a commercial center's 1,149 square feet retail suite from a take out use to a use with indoor and outdoor seating. The Application includes outdoor dining, but does not include alcoholic beverages, and/or entertainment. The owner/applicant is required to obtain additional approvals for either of these uses should they be requested in the future. The suite's address is 1127 S. Grand Avenue. The project's suite at the southwest corner of Diamond Bar Boulevard and Grand Avenue is part of the 6.76 acre existing shopping with two buildings that includes Albertsons and the Pomona First Federal. This center is on five lots/parcels and has a reciprocal parking and access agreement. The mixed uses include small retailers, grocery store, restaurants, and service uses. The project's General Plan land use designation is General Commercial (C), which provides for regional, freeway oriented, and/or community retail and service commercial uses. The project is zoned Unlimited Commercial -Billboard Exclusion (C -3 -BE) that uses C-3 regional commercial district development standards. The proposed Application is a restaurant use and is consistent with the General Plan and Zoning. The following zones and uses surround the project site: Unlimited Multiple Residence - Minimum Lot Size -8,000 square feet -25 units per acre (R -3-8000-25U) Zone is to the north and west; and the Unlimited Commercial (C -3 -BE Zone) is to the south and east. REVIEW AUTHORITY Per Municipal Code Sections 22.48.020, 22.56 and 22.42.080(3), an intensification of use requires Development Review and outdoor dining approval requires a Minor Conditional Use Permit. These reviews are acted upon concurrently and the highest authority, Planning Commission, makes the final determination. This review process establishes consistency with the General Plan through the promotion of high aesthetic and functional standards and ensures that new development and/or intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors. Municipal Code standards promote development that respects the community and the site's physical and environmental characteristics. The Minor Conditional Use Permit reviews the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare. ANALYSIS: DEVELOPMENT REVIEW/MINOR CONDITIONAL USE PERMIT 0 Tenant Improvements The existing use is a take out ice cream parlor. The proposed intensification adds two tables for indoor seating in the 1,149 square feet suite. Approximately 64 square feet will be utilized for seating. Cold Stone's previous approvals were to operate as a take out use. No square footage will be added to the indoor restaurant structure. The proposed outdoor dining adds seating for 16. e Outdoor Seating/Dining The proposed outdoor seating area is next door to the Taco Factory that has an outdoor dining use area. This has been created by eliminating parking spaces, adding concrete for the pedestrian path of travel, and adding wrought iron around the dining area. The wrought iron area helps to define the outdoor dining area and eliminate pedestrian travel where food and beverage are served. Potted plants were added in the parking area. 2 The following is a table of the City requirements and the proposed project's for outdoor dining: City Requirements Project's 22.42.080(C) - Outdoor dining and seating areas. Outdoor dining and seating areas are allowed subject to the approval of a Minor Conditional Use Permit, in compliance with Chapter 22.56 (Minor Conditional Use Permits) and the following standards: 1. Alcoholic beverage sales.. Areas in which alcoholic beverages will be served shall comply with the standards established by the State Department of Alcoholic Beverage Control, and the following standards: a. Accessible. The dining area shall be accessible from inside the restaurant only, unless the Director waives this requirement in circumstances where this is not feasible or practical; b. Physically defined. The dining area shall be clearly and physically defined. It shall be clearly a part of the restaurant it serves; and c. Supervision. The dining area shall be supervised by a restaurant employee to ensure compliance with laws regarding on-site consumption of alcoholic beverages. 2. Parking requirements. Outdoor dining and seating areas shall comply with the following off-street parking requirements: a. Parking calculations. Off-street parking requirements shall be calculated in compliance with Chapter 22.30 (Off -Street Parking and Loading Standards). The Director may reduce or waive parking requirements for outdoor dining areas less than 400 square feet in area that are operated on a seasonal basis; and b. Additional off-street parking. Outdoor dining areas that are not part of a specific restaurant, but are used in common with several restaurants or tenants within a commercial center shall not be required to provide additional off-street parking for these common outdoor areas. 3. Clean-up facilities. Outdoor dining areas, whether part of a restaurant or seating in common, shall provide adequate clean-up facilities, and associated procedures, in the following manner: a. Cleaning schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and b. Waste receptacles. Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees. 4. Design compatibility. Outdoor dining and seating areas are subject to Development Review in compliance with Chapter 22.48 (Development Review). To ensure compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented: a.. Compatible elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, fumiture, umbrellas or other physical elements which are visible from the public rights-of-way, shall be compatible with the overall design of the main structure(s); K None No alcohol - waived Meets Code N/A Cond. Cond. Cond. Cond. b. Entertainment. Outdoor dining and seating areas that provide dancing, entertainment or amplified music shall require the preparation of a noise analysis with appropriate mitigation measures to ensure that noise levels will not exceed those specified in Chapter 22.28. (Noise Control); c. Pedestrian experience. The use of awnings, plants, umbrellas and other human scale elements is encouraged to enhance the pedestrian experience; d. Potential impacts. Outdoor dining and seating areas and their relation to churches, hospitals, public schools and residential uses shall be considered by the review authority. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise; e. Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or pedestrian traffic flow and not necessitate the removal of existing pedestrian or vehicular movement areas; f. Separation requirements. Outdoor dining and seating areas shall be separated from residential uses, at a minimum distance of 200 feet, except in mixed-use projects; g. Setbacks. Outdoor dining and seating areas shall be setback a minimum of five feet from property lines or parking lots; h. Waste receptacles. Waste receptacles shall be provided in outside seating areas, where and when appropriate. 5. One year review required. Minor Conditional Use Permits for outdoor dining and seating areas are subject to review after one year, at which time the Director shall conduct a study to determine if adverse impacts have resulted from the use. If none are found, then a permanent Conditional Use Permit may be granted. ® Staff's Revised Outdoor Dining Recommendation Meets Code N/A •1_ N/A Cond. Cond. Cond. Staff recommends that the outdoor dining design submitted be reconfigured. Staff's recommendation matches the existing Taco Factory outdoor dining facility next door, meets Diamond Bar's Municipal Code and Building Code requirements. Next to the subject site is the Taco Factory (see Attachment "4 -aerial). The existing Taco Factory outdoor dining area allows adequate pedestrian right-of-way and maintains the five (5) feet from the parking lot. Parking spaces have been removed to provide a barrier between pedestrians, diners, and the vehicles. Staff has included the following conditions of approval and recommends that the Cold Stone be required to provide outdoor dining similar to the Taco Factory's, which requires the following: 1. Remove an additional parking space in front of the Cold Stone and extend stripping on parking lot to include the Cold Stone frontage; 2. Pour additional sidewalk for a minimum five (5) feet pedestrian sidewalk (5 feet from the curb); 3. Install wrought iron similar to Taco Factory so that a five (5) feet walkway is provided for pedestrians; 4 4. Add additional potted plants (like the existing pots in the parking lot) to prevent vehicle parking in the enlarged area; 5. Install a concrete bumper strip in the parking stall south of the subject revisions to prevent overhang on the pedestrian walkway; 6. Paint new curb red. A condition has been added that the use or span of the umbrellas shall not extend into the pedestrian path of travel. A site visit indicates the parking lot is in good condition. The driveway approaches are also in good condition. Therefore, the Application is not required to re -surface, re -stripe, and/or repair the parking lot and driveway approaches. ® Hours of Operation/Number of Employees Cold Stone is open 11:00 a.m.-10:00 p.m. Sunday through Thursday and until 11:00 p.m. on Fr . iday and Saturday. Mr. Hamilton indicates that 70 percent of the business is after 6:00 p.m. and on weekends. Many of the businesses in this area close at'6:00 p.m. The restaurant is expected to have 3-4 employees per shift. ® Parking Sufficient parking exists on site for the intensification of use. Restaurants require one parking space per each 75 square feet of gross floor area for patrons, plus one parking space for each 300 square feet of service area. The proposed restaurant contains approximately 75 square feet for patrons and 1,125 square feet for service and one space for each 100 square feet of outdoor dining, for a minimum of six (6) parking spaces required. As a retail use, five (5) parking spaces are required. This is a net increase of one (1) space. The shopping center has a reciprocal parking and access agreement. Per Municipal Code Section, 22.30.040, Table 3-10, shopping centers over 50,000 square feet require one (1) parking space for each 300 square feet. The attached analysis of existing uses with their operating hours requires a total of 262 parking spaces, and 290 are provided (Attachment "3"). At full capacity, adequate parking exists on site to accommodate the uses with 28 excess spaces calculated. Attachment "3" indicates that the intensified parking requirement for Cold Stone and the It's a Grind approvals require 13 spaces, leaving 15 spaces over the needed Municipal Code requirement. ® Landscaping The project site contains existing landscaping. A site visit indicates that the landscaping is in a reasonably good condition. Therefore, the Application is not required to provide additional landscape improvements. However, the potted plants as noted above Item 4 are 5 a required addition to the landscaping. ADDITIONAL REVIEW The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the conditions of approval. NOTICE OF PUBLIC HEARING: On July 24, 2003, 571 property owners within the project site's 700 feet radius were mailed a public hearing notification, and the public hearing notification was posted at three other public places in the application's vicinity. On July 29, 2003, this project's public hearing notification was made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers, and the public hearing notification was posted at the site on a display board. ENVIRONMENTAL ASSESSMENT: The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15301(a). No further review is required. Staff recommends that the Planning Commission approve Development Review No. 2003- 16 and Minor Conditional Use Permit No. 2003-11, Findings of Fact, and conditions of approval, as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public; as well as, its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; I 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED MINOR CONDITIONAL USE PERMIT FINDINGS: 1 The proposed use is allowed within the subject zoning district with approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing ad future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. Draft Resolution; 2. Applications; 3. Parking tenant information; 4. Aerial; 5. Exhibit "A" - site plan, floor plan, elevations, dated August 12, 2003. 7 DRAFT ATTACHMENT "1" PLANNING COMMISSION RESOLUTION NO.2003-xx A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO., 2003-16, MINOR CONDITIONAL USE PERMIT NO. 2003-11, AND CATEGORICAL EXEMPTION, A REQUEST FOR A LAND USE INTENSIFICATION IN A COMMERCIAL CENTER'S RETAIL SUITE OF 1,149 SQUARE FEET FROM A TAKE OUT USE TO A USE WITH INDOOR AND OUTDOOR SEATING. THE PROJECT ADDRESS IS 1127 GRAND AVENUE, DIAMOND BAR, CALIFORNIA. A. RECITALS 1. The property owner, Diamond Bar Grand LLC, and applicant/agent, Ken Hamilton, Cold Stone Creamery, have filed an application to approve Development Review No. 2003-16, Minor Conditional Use Permit No. 2003- 11, and Categorical Exemption, for a property located at 1127 S. Grand Avenue, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review, Minor Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On July 24, 2003, 571 property owners within the project site's 700 feet radius were mailed a public hearing notification and three other public places in the application's vicinity were posted. On July 29, 2003, this project's public hearing notification was made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers, and the public hearing notice was posted at the site on a display board. 3. On .August 12, 2003, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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 that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines 1 DRAFT ATTACHMENT "1" promulgated thereunder. This is pursuant to Section 15301(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project address is 1127 S. Grand Avenue. The project's suite is in a 6.76 acre existing shopping center at the southwest corner of Diamond Bar Boulevard and Grand Avenue. The shopping center has a reciprocal parking and access agreement for the five lots/parcels. (b) The project's General Plan land use designation is General Commercial (C) and is zoned Unlimited Commercial -Billboard Exclusion (C -3 -BE). (c) The following zones and uses surround the project site: Unlimited Multiple Residence -Minimum Lot Size -8,000 square feet -25 units per acre (R -3-8000-25U) Zone is to the north and west; and the Unlimited Commercial (C -3 -BE Zone) is to the south and east. (d) The Application is a request for a land use intensification in a commercial center's retail suite of 1,149 square feet from a take out use to a use with indoor and outdoor seating. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the, General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site's General Plan land use designation is General Commercial (C). This land .use designation provides for regional, freeway oriented, and/or community retail and service commercial 2 DRAFT ATTACHMENT "1" uses. The proposed project is considered a retail commercial use and is consistent with the General Plan. There is no change to the building's exterior and the current site's architectural style, construction materials and colors are consistent and compatible with the surrounding commercial sites. An existing outdoor dining use is next to this request The parking lot has been stripped accordingly. As amended herein, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan and Design Guidelines. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is zoned Unlimited Commercial -Billboard Exclusion (C -3 -BE). The C-3 Zone permits a restaurant service and with the appropriate approvals outdoor dining. There is no change to the building's exterior and the current site's architectural style, construction materials, and colors are consistent and compatible with the surrounding commercial sites. An existing outdoor dining use is next to this request. The parking lot has been stripped accordingly to accommodate the use. By adding additional sidewalk to accommodate pedestrians, the current site is adequate in size and shape to accommodate the use, the parking and loading facilities, landscaping and other development features prescribed in the Code, or as required in order to integrate said use with the uses in the surrounding area. Grand Avenue and Diamond Bar Boulevard adequately serve the project site. Grand Avenue and Diamond Bar Boulevard are designed to provide an ingress/egress to the project site and to handle traffic created by this type of development. Therefore, the design and layout will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. There are no changes proposed in the architectural design of the project site's existing retail shopping center. The site's current architectural exterior design is consistent with the City's Development Review standards in that the project has an orderly and harmonious DRAFT ATTACHMENT "I" appearance to the existing structures, existing outdoor dining area, parking area, landscaping, and has an existing architectural design that is compatible with the surrounding commercial uses. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in the above findings (f) and (g), the project site's current exterior design and outdoor dining area is consistent with the applicable elements of the General Plan and development standards of the zone through its design, 'use of materials, colors, and landscaping. Therefore, the design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, inspections, Fire Department, and Health Department approvals are required for construction. These processes will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious' to the properties or improvements in the vicinity. (j) The proposed project has been reviewed in compliance with the . provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelinesof the CaliforniaEnvironmental Quality Act (CEQA), Section 1530)(a). (a). MINOR CONDITIONAL USE PERMIT (k) The proposed use is allowed within the subject zoning district with approval of a Minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. Per Diamond Bar's Municipal Code, Chapter 22.10: Table 2-6, the proposed restaurant with outdoor dining/seating is permitted in the C- 2 DRAFT ATTACHMENT "'I " 3 Zone with the review and approval of a Minor Conditional Use Permit. As conditioned, the proposed use will comply with all other applicable provisions of the Development Code. The proposed use is consistent with the General Plan and any applicable specific plan. The project site's land use designation is General Commercial (C). This land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a retail use and is consistent with the General Plan. There is no applicable specific plan. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The sidewalk and outdoor dining area will be altered. There is an existing outdoor dining area next to the proposed use. The extension of the outdoor dining area will not substantially alter the center's physical appearance. Operating characteristics will be compatible with the existing and future land uses in the vicinity as conditioned through the Minor Conditional Use Permit process. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. There is an existing outdoor dining area next to the proposed use and the extension of this area to accommodate additional outdoor dining will not substantially alter the center's physical appearance. The site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; Furthermore, the project site contains an adequate number of parking spaces needed for the proposed use and other tenants as required by Municipal Code 22.30.040, Table 3-10. Therefore, the subject site is physically suitable for the type and density/intensity of use being proposed. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. 5 DRAFT ATTACHMENT "1" Structural plan check, City permits, inspections, Fire Department, and Health Department approvals are required. These processes and operational conditions listed within this resolution indicate that the granting of the Minor 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 which the property is located. (p) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)- The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15301(a). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, and floor plans collectively labeled as Exhibit "A" dated August 12, 2003, as submitted to, amended herein, and approved by the Planning Commission. (b) The subject site shall be maintained in a condition that 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 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. (c) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. PUBLIC WORKS/BUILDING AND SAFETY (d) The applicant shall be responsible for acquiring the appropriate industrial waste permits with Los Angeles County and obtain approval from the Los Angeles County for the grease trap. Additionally, the A DRAFT ATTACHMENT I" applicant shall conform to the NPDES requirements for food waste disposal and Health Department requirements for food service. (e) The single-family structure shall meet the 2001 California Codes: Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the 2001 National Electrical Code requirements. - (f) Plans shall meet all B -2 -occupancy requirements. (g) Applicant shall comply with State Handicap Accessibility Regulations (i.e. van parking, shortest route to accessible entrance, shortest pedestrian route to the closest pedestrian entrance, restrooms, ramps, distance in service area, aisles, etc.). (h) Men's and Women's restrooms shall be provided if the restaurant establishment employs four or more employees at any given time. (i) The existing restroom shall meet current handicap accessibility requirements. 0) The restroom access doors shall be clearly marked with symbols. (k) One seating space in the restaurant patron area shall be provided for handicap use. (1) Applicant shall obtain Health Department approval. (m) Prior to the issuance of any construction permits, the applicant shall submit construction plans to the Los Angeles County Fire Department for review and approval. (n) The applicant shall comply with the requirements of the Fire Department; City Planning, Building and Safety, and Public Works Divisions. (o) Hours of operation shall be between 11:00 a.m. and 10:00 p.m. Sunday through Thursday and until 11:00 p.m. on Friday and Saturday. (p) Alcoholic beverages, and/or entertainment are not a part of this approval process and shall not be provided. (q) Owner/Applicant shall redesign the outdoor dining plan to extend the existing area to include the following and submit to the Planning Division for approval: a DRAFT ATTACHMENT " 1" 1. Remove an additional parking space in front of the Cold Stone and extend parking lot white stripping to include the Cold Stone frontage; 2. Install additional sidewalk for a minimum five (5) feet pedestrian sidewalk (5 feet from the curb); 3. Install wrought iron similar to Taco Factory so that a five (5) feet walkway is provided for pedestrians; 4. Add additional potted plants (like the existing potted plants in the parking lot) to prevent vehicle parking in the enlarged area; 5. Install a concrete bumper strip in the parking stall south of the subject revisions to prevent overhang on the pedestrian walkway; 6. Paint new curb red. (r) Umbrella span and use shall not extend into pedestrian path of travel. (s) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one - (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Deputy City Manager will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (t) This grant shall not be effective for any purpose until the permittee and owners of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (u) If the Department of.Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project ' is not exempt from a filing fee . imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution by certified mail to owner, Diamond Bar Grand LLC, 2717 W. Coast Highway, D DRAFT ATTACHMENT "1" Diamond Bar, CA 91765, applicant/agent, Ken Hamilton, Cold Stone Creamery, 1127 S. Grand Avenue, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 12th DAY OF AUGUST 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. a Steve Tye, Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 12th day of August 2003, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: James DeStefano, Secretary 9 Record Owner Name (Last name first) Address Cit} Zip 1 CITY OF DIAMOND BAR Lt, p A i l ACHMENT "2" / IMMUNITY AND DEVELOPMENT SERV ;S DEPARTMENT/Planning Division !Case %' i`t l 21825 E. Copley Drive (Deposit Diamond Bar, CA 91765 (Receipt Phone (909)396-5676 Fax (909)861-3117 IBy (Date Recd ^u ADNISTRATIVE DEVELOPMENT REVIEW FOR CITY USE DEVELOPMENT REVIEW APPLICATION Applicant (Last name firit—) Phone ( ) Phone ( ) o$P Fax ( ) Fax( Applicant's Agent (Last name first) Phone( Fax ( ) An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The application fee is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated above. If it is a.deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; If processing costs are less than the deposit, a refund will be paid. NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals invdved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures. and directors of corporations.) Consent of Owners: 1 certify that / am the owner of the herein -described property and permit the applicant to file this request. Prin; Name e ;or-- owners Sicnec recc•c owne,s Date Certification of Applicant: /, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Pr! Name tAomicant or Aoent i S;cnec �/'— Date taco ca t or pen t Location f5iree: address or tract and tot numt>er) Zon nc House Numbering Map/aerial.—Previous Cases— Present Use of Site Jse apprted for 1 01/14/2003 03:33 9053600677 C�DSTC�306 CITY 01- tat tQu a.� ut+fITY D DEVEL ENT SERVICES DEPARTIAENT/P1®nning lalwWon 21825 E. Copley Drive Diamond Bar CA 91705 Phone (909)396-58f6 Fax (908)861.311 7 ❑ ADMINISTRATIn DEVELOPMENT REVIEW ^u DEVELOP ENT REVIEW APPLICATION ®cid Owner AAP�iGci�f No est name ff t Ad (Las, name first) Crt Ph 9 cl Phptla Fa. y'�!q Fax) Phone j Fax ( ) An )n fee in accordance with Section ,22,44,040 of 1119 Municipal Code W at co elthl fee or a aemosit plus paynWnt of the CK�r'ti Processing Conti COtpOiR®t c 8hourlythis bion. The application fee is he his ao issulionance is f the pe d above If it is a deAoait, the applicant shall t$DAiicabie fee or deposit Cha +tor to rlsuance of the permit; if processing Costo are less than the pay any areeessing cOBU trial exceed the amount of depoett, a refund will be paid. NO tr►e aamicant's resoonstulty 10 notify the City ,n writing f pro c' tars case (Anech separate sheet, It necessary. meiudat; nam�aaddrossese Of e and $i0matu►esioftlntem"n,! the PaR principal rom; ventures anti orrectors of co j� ►PorBpons.) co r r Owners: I certt�/ am the Owner of the htareto-d scribed prepwIt..y arrd permit the applicant to Rle tht9 tt IDepatut S ZQoo.oc ►Recerpt a l®y IDiiR9cc '<oa cm use APPltcalt's Agent (Last name first ,j PASS 61 Pnr, Sign pro Pun ,to� I Loc 2 or, Pre, Date n of gpplicanr /, trip undersrgnr+d, hereby comity under penSity of Per that the in1amratiovt herein Correct to the best of my knowledge. ,4: oi:G�ri c A�lnl IACD--r.. Dr AoeMi Date -er aomess or vacs ano •ot numprn Mouse Numbering k4ap/ae•ta, PrpviOuS CaIL95 of Srte fpr 1 DEVELOPMENT REVIEW AND ADMINISTRATIVE DEVELOPMENT REVIEW BURDEN OF PROOF In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Planning Division/Planning Commission the following facts: (Answers must be detailed and complete. Attach additional sheets of paper if necessary.) 1. The design and. layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existina or future developments, and will not create traffic or pedestrian hazards, The arcnitectural design of the proposed development is compatible with the character of the surrounding neicnoorn000 and will maintain and enhance the harmonious, orderly and attractive development contemplated oy tne Development Code, General Plan, or any applicable specific 'plan; Tne clesion of the or000sed development will provide a desirable environment for its o'ccupan . ts and visiting Dublic as well as it neignoors through good aesthetic use of materials, texture and color, and will remain aestneticaii,Y apoeaiing. and 5. The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on the property values or resale(s) Of Property) to the properties or improvements in the vicinity. 0 Record Owner Name (Last name first) Address City Zip Phone Fax ( CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT DEPARTMENT q0 03;P- Case # tf,/' Planning Division Deposit $ / G. 21825 E. Copley Drive/'Receipt # , Diamond Bar, q5—Q*5BY. Phone (909) 396-5676"Fax (909) 861-3117 Date Redd --2 7X, e-mail-info@ci.diamond-bar.ca.us FOR CITY USE D CONDITIONAL USE PERMIT MINOR CONDITIONAL USE PERMIT P`4 '''` i Applicant Applicant's Agent g A24— (Last name first) (Last name -first) Phone ( ) 9,->c3- Fax ( ) �©19 - Phone ( ) Fax ( ) An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The application fee is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated above. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs are less than the deposit, a refund will be paid. NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case (Attach separate sheet, if necessary, including names, addresses, and signatures of members of parinershibs. Joint ventures. and directors of corporations.) Consent: I certify that / am the owner of the herein -described property and permit the applicant to file this request. Sionec Date iAli record owners) Certification:. 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name (Apoiicant or Agent) Signed_ 2E;:---Z�- (APPha3r**15-r Agent) Location of oroject (Street address or tract and lot number) .Zoning _ Previous Cases Revised 2/,5/03 Numbering Map Date. -- de. ft 3 107/14/2003 03:3: 90936'^r,77 COLDSTONE306 PAGE B? CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT DEPARTMENT Planning Division 211325 E. Copley Drave Diamond Bar, CA 91765 Phone (909) 396.5676 Pax (909) 861-3117 e-mail-anfo&i.dtamona-bar.ce us p CONDITIONAL USE PERMIT o MINOR CONDITIONAL USE PERMIT Recc`rd Owner Applicant (Last name first) (La-st nam brat) 9--� f`i 4 9 (� � 4, Prone i ) 9'-t9%L`IG�"f��l� —I=q Fax ) Phone ( ; FBY( ) Case a Deposit g ! 'Receipt a ,BY IDate Applicants Agent (60St name first) ippltcatton fee in accordance with Section 22,44.040 of the Municipal Code must accompany this ucatlon. The application fee is either a fiat fee or a deposit plus payment of the City's proc®salttg s computed on an hourly basis. The applicable fee or deposit amount for thls application is Indicated re tt !l is a deposit, the applicant Shall pay any processing costs that exceed the ameunt of the )sit prior to issuance of the permit; if processing costs are less than the deposit, a refund will be paid. 1 -s the aponcant's respons,wity, to notify the City to writing of any change of the principals involved during the ,g of this case fAnach separate sncei. if necessary. including names, addresses, and signatures of memberr. of -bs rant vantures and directors of coMoratrons ) I certify th am the owner of the herein -described property and permit the applicant' to fila this .�r eau recrord owner ! Date ® .2 1�6417'166 Oi^ 0" 6'PwZF a ®/c; pW4i4ric GLS fico. 1, the undersigned, hereby certify under penally of perjury that the infomiation herein prnv/ded is o the rest of my knowledge. -+e Iticcucant ar Agcnit ' Date of orgeci Numbering Map Gases 3evased 215,03 Qllmvjgo 9 1 BURDENOF PROOF A Development Review or Administrative Development Review application shall be reviewed by the applicable review authority identified in Section 22.48.050 (Responsibility for Development Review), below and shall be approved, with or without condition, only if the following findings are made: 1. The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria special areas (e.g., them areas, specific plans, cotmpunity plans, boulevards o�lanned developments);_Z' is IE 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards; 3 The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this Chapter, the General Plan. or any applicable specific plan;,�a t. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetally appealing; ems// ---�,a �, ,,.� �, ®, � �•... �G7F�'�-- e", t'+� C--: 7"/`•r e� .ii r+. ar.a �9 in i.+Y -.�..s c 9�.� � s..,. // 5. 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('31, "AD. -M, lz47 aj tZ; 01 WW SrAMIC 71 i�I 1� � � 1 U` YO Y _ IV V� z"' AGENDA ITEM NUMBER: REPORT DATE: August 5, 2003 MEETING DATE: August 12, 2003 CASE/FILE NUMBER: City of Diamond Bar PLANNING COMMISSION Staff Report Conditional Use Permit No. 2000-03(1) APPLICATION REQUEST: A request to modify the existing permit to add 1,300 square feet from an adjoining retail suite to be used for the Montessori elementary school and to convert the existing elementary classroom use to child day care use PROPERTY LOCATION: 23555 Palomino Drive, Diamond Bar, CA(Lot 2, Parcel Map 2757) PROPERTY OWNER: AP Diamond Bar, LLC, 310 Golden Shore, #300, Long Beach, CA 90802 APPLICANT: Diamond Bar Montessori Academy, 23555 Palomino Drive, Diamond Bar, CA 91765 The property owner, AP Diamond Bar, LLC, and applicant, Diamond Bar Montessori Academy, request approval to modify the existing Conditional Use Permit No. 2000-03. The request is to add 1,300 square feet from an adjoining retail suite to be used for the Montessori elementary school and to convert the existing elementary classroom use to child day care use. The Planning Commission Resolution No. 2000-14 approved the child day care and elementary school uses in August 2000. The combined uses are for children ages 2-11. The project's address is 23555 Palomino Drive. The suites are in the commercial center located on Lot 2, Parcel Map 2757, that is approximately 3.3 gross acres. The legal non -conforming shopping center contains mixed uses of professional office, restaurants with alcohol sales, personal care services for hair/nails, medical use, Asian -deli, and the Montessori school and child day care center. Planning Commission Resolution No. 2002-44 approved a retaining wall and portable classroom. construction behind the shopping center. The classroom will be used as a computer lab for an 0 unlimited time. Construction has not commenced; however, the Planning approval is valid until November 2004. ., The project's General Plan land use designation is General Commercial (C), which provides for regional, freeway oriented, and/or community retail and service commercial uses. The proposed project is the service commercial use expansion and is consistent with the General Plan and zoning. The project is zoned Community Commercial -Billboard Exclusion (C -2 -BE). The following zones surround the project site: to the north are the SR 57 and SR 60 freeway junction; to the west is the Neighborhood Commercial (C-1) Zone; to the east is the Low Density Residential Zone (R -01- 8000); R-01-8000); and to the south is the Community Commercial -Billboard Exclusion (C -2 -BE) Zone. ANALYSIS: REVIEW AUTHORITY Pursuant to Municipal Code Section 22.66.060(2), this application requires the Planning Commission, the original review authority, to consider changes that were a part of the review authority's consideration. The change in the number of students applies. CONDITIONAL USE PERMIT APPROVAL ® Legal Non -conforming Status Products developed legally before the 1998 Development Code adoption that do not comply with the current standards have legal non -conforming status._ As discussed in the previous Conditional Use Permit approval, the center's existing Montessori's suite does not meet the currentf ront and side setback. This application does not change the existing structure and therefore the shopping center's buildings maintain the legal non -conforming status with a conforming use. ® Development Standards for Classrooms/Playgrounds The proposed use will occupy approximately 1,300 square feet of the vacant retail suite adjacent to the existing 5,000 square feet school. With the proper approvals, a new opening will be made to provide access to the existing Montessori school. The child day care licensing standards require 35 square feet per child for indoor play space and 75 square feet per child of outdoor play space, and one toilet and one sink for every 15 children. The previous Fire Department and Planning Commission approvals allowed total occupancy of 104, equating to 98 children and six teachers. The number of children in the existing building remains at 98-. California Department of Social Services approval is required for the change in use from elementary classroom to child day care. The application meets Diamond Bar standards. Development Code Standards include: 1 Fence or wall. The fence surrounding the child day care facility is decorative six-foot wrought iron and block wall in the front, side yard, and areas in the rear. The site is irregularly shaped. At the alleyway adjoining the existing school, the fence is chain link with wood slats. However, this is not the parcel's property line. The chain link fence with wooden slats will be relocated to include the 1,300 square feet suite. Also, new fencing will be placed around the existing gas meters. The site fencing is consistent with the Development Code requirements regarding visibility, controlled entry, and setbacks. 2. Indoor play areas. There are four classrooms in the existing suite totaling approximately 3,800 square feet. At 35 square feet per child 109 students could be accommodated. The occupancy approval by the Fire Department is 104, 98 children and 6 teachers. The conditions of approval require the applicant to obtain the State's final approval before changing the uses. 3. Outdoor play lot There are many play areas. Staff's playground measurements indicate approximately 6,800 square feet including the area added by moving the fence to encompass the new suite. The State's requirement for a child day care facility play lot is 75 square feet per child. Based upon this requirement 90 children can be on the playgrounds at one time. The attached playground schedule indicates that children of different ages will not be sharing the play areas at the same time. The additional 1,300 square feet suite has an E-2 (educational) occupancy. This has been calculated at total occupancy of 24 including teachers and aides. At one toilet and one sink for every 15 children, eight are needed and ten are provided. Other Agency Approvals The following agencies are required to review, approve and/or license this application: Los Angeles County Fire Department, California Department of Social Services, State Department of Education, and the Los Angeles County Business License Department. Review, approval, and licensing are a conditional of approval before changing the uses. ® Hours of Operation/Number of Employees'' The child day care center and Montessori school will operate from 6:00 a.m. to 6:30 p.m. Monday through Friday. Special event operating hours will be reviewed and approved by the Planning Division. 3 ® Parking/Parking Lot Area/Lighting The previous Conditional Use Permit approval included parking Minor Variance No. 2000-11. The mix of uses required 120 spaces and 114 are provided onsite. The existing building required a total of 16 parking spaces which does not change. Three spaces are required for the new elementary classroom; however, the previous retail use required 5 spaces. Therefore, no revision is required for the Minor Variance approval. Parking is adequate. There are five, 15 minute green curb pick-up and drop-off parking spaces for these combined uses in front of the school. All businesses' employees are required to park behind the center. Parking lot lighting requirements were met with the original approval. A site visit indicates the site is being maintained. ® Landscaping The project site contains existing landscaping. A site visit indicates that the landscaping is maintained. The plants are green and free of weeds. ® Signage Signage is not a part of this application. Proposed signage will be reviewed at a later date by staff. • -� The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the conditions of approval. NOTICE OF PUBLIC HEARING: On July 24, 2003, 264 property owners within the project site's 700 feet radius were mailed a public hearing notification, and the public hearing notification was posted at three other public places in the application's vicinity. On July 29, 2003, this project's public hearing notification was made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers, and the public hearing notification was posted on a display board at the site. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(a). No further review is required. 4 RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2000-03(1), Findings of Fact, and conditions of approval, as listed within the attached resolution. ZUTRUI-9:40 4 a 1,117 11 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. 2. The proposed use is consistent with the General Plan and any applicable 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. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. 5. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. Draft Resolution of Approval; 2. Resolution No. 2000-14; 3. Application; 4. State of California Playground Waiver Request; 5. Exhibit "A" - site plan, floor plan, dated August 12, 2003. 5 F'-2 ATTACHMENT "1" PLANNING COMMISSION RESOLUTION NO.2003-xx A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISION APPROVING CONDITIONAL USE PERMIT 2000-03(1)' AND CATEGORICAL EXEMPTION, A REQUEST TO MODIFY THE EXISTING PERMIT TO ADD 1,300 SQUARE FEET FROM AN ADJOINING RETAIL SUITE FOR THE MONTESSORI ELEMENTARY SCHOOL USE AND TO CONVERT THE EXISTING ELEMENTARY CLASSROOM USE TO CHILD DAY CARE USE. THE PROJECT ADDRESS IS 23555 PALOMINO DRIVE (LOT 2, PARCEL MAP 2757), DIAMOND BAR, CA. A. Recitals 1. The property owner, AP Diamond Bar, LLC, and applicant, Diamond Bar Montessori Academy, have filed an application for Conditional Use Permit 2000-03(1) for a property located at 23555 Palomino Drive, Diamond Bar, Los Angeles County, California as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Categorical Exemption shall be referred to as the "Application." 2. On August 8, 2000, the Planning Commission conducted a duly noticed public hearing on Conditional Use Permit No. 2000-03 and Categorical Exemption, and approved such per Planning Commission Resolution No. 2000-14. 3. On July 24, 2003, 264 property owners within the project site's 700 feet radius were mailed a public hearing notification, and the public hearing notification was posted at three other public places in the application's vicinity. On July 29, 2003, this project's public hearing notification was made in the San Gabriel Valley, Tribune and the Inland Valley Daily Bulletin newspapers, and the public hearing notification was posted on a display board at the site. 4. On August 12, 2003, the Diamond Bar Planning Commission conducted and concluded a duly noticed public hearing on the Application. 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. 171 DRAFT ATTACHMENT "1" 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated there under. This is pursuant to Section 15301(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated d into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon, substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project's address is 23555 Palomino Drive. The suites are in the legal non -conforming commercial center located on Lot 2, Parcel Map 2757, that is approximately 3.3 gross acres. The existing commercial shopping center has mixed uses of community retail and service. (b) The General Plan Land Use designation is General Commercial (C) and Community Commercial -Billboard Exclusion (C -2 -BE) is the zoning. (c) The following zones surround the project site: to the north are the SR 57 and SR 60 freeway junction; to the west is the Neighborhood Commercial (C-1) Zone; to the east is the Low Density Residential Zone (R-01-8000); and to the south is the Community Commercial - Billboard Exclusion (C -2 -BE) Zone. (d) The application requests to modify the existing permit to add 1,300 square feet from an adjoining retail suite for the Montessori elementary school use and to convert the existing elementary classroom use to child day care use. CONDITIONAL USE PERMIT (e) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other VI DRAFT ATTACHMENT "1" applicable provisions of this Development Code and the Municipal Code. Per Municipal Code Section 22.66.060(2), the original review authority, Planning Commission, shall consider changes that were a part of the review authority's consideration. The change in the number of students applies. Per Municipal Code Section 22.10.030, Table 2-6, a child day care center is permitted in the C -2 -BE Zone with the review and approval of a Conditional Use Permit, which analyzes specified activities and uses whose effect on the surrounding area cannot be determined before being proposed fora particular location. A private school, Montessori school, is permitted with a Zoning Clearance. As conditioned, the proposed uses comply with all other applicable provisions of the Development Code and Municipal Code. The proposed use is consistent with the General Plan and any applicable specific plan. The General Plan land use designation is General Commercial (C). This land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The uses are service commercial and consistent with the General Plan. There is no change to the site's exterior configuration. The site's architectural style, construction materials and colors, are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent. with the applicable elements of the City's General Plan. A specific plan does not exist for the project site. (g) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed uses are within an existing legal non -conforming commercial center processed by Los Angeles County in 1979. The center does not meet the current Development Code's setback requirements. There are no changes, expansion, or structural alterations to this existing legal non -conforming structure. The existing site is within the Community Commercial — Billboard Exclusion Zone (C -2 -BE). The C -2 -BE Zone permits a child day care center with the approval of a Conditional Use Permit and Montessori school with a Zoning Clearance. Both are conforming uses. There is no change to the site's exterior configuration, and the current site is adequate in size and shape to accommodate the yards, walls, 9 DRAFT ATTACHMENT "1" fences, parking and loading facilities, landscaping and other development features prescribed in the Code, oras required in order to integrate the use with the uses in the surrounding area. The site's existing architecture, construction materials, and colors are consistent and compatible with the surrounding commercial sites. The proposed project enlarges the child day care center and school uses. The Applicant is required to obtain approvals from the Los Angeles County Fire Department and State of California, Health and Welfare Agency. The operating characteristics will be compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use Permit process. (h) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The proposed project involves adding square footage for the Montessori elementary school use and converting the existing elementary classroom use to child day care use. This adds students to the enrollment and requires the Conditional Use Permit to be reviewed and approved. However, the additional square footage does not alter the commercial center's physical appearance in which the use is located. Access for the site exists and is adequate. Utilities exist and are adequate to serve the proposed use. (i) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. State of California, Health and Welfare Agency, Los Angeles County Fire Department and City Building and Safety inspections and approvals are required for the addition of 1,300 square feet to the existing use. The inspections and appropriate licenses and operational conditions listed within this resolution will ensure that the facility will not be detrimental to the public interest, health, safety, convenience, or welfare, of the City. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California 90 J Environmental Quality Act (CEQA), Section 15301(a). 0 DRAFT ATTACHMENT "1" 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plans, and elevations collectively labeled as Exhibit "A" dated August 12, 2003 as ,submitted and amended herein. (b) Planning Commission Resolution No. 2000-14 shall remain in full force and effect except as amended herein. (c) The shopping center site shall be maintained in a condition that is free of debris both during and after the implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, shall be done only by the property owner, applicant or by 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. (d) The two uses, Montessori elementary school and child day care center, shall not use the outdoor play area at the same time. (e) The Applicant shall comply with the requirements of the State Department of Social Services, State Department of Education, Fire Department, Los Angeles County Business License Department, Los Angeles County Health Department, and City Planning, Building and Safety, and Public. Works Divisions. The Applicant shall be in compliance with all requirements of said agencies at all times and receive all approvals and licenses prior to change in use as approved in Planning Commission Resolution'No. 2000-14. (f) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodical review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added. (g) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one -(1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning DRAFT ATTACHMENT "1" Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (h) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (i) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a derninimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 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 AP Diamond Bar, LLC, 310 Golden Shore, #300, Garden Grove, CA 92840 and Diamond Bar Montessori Academy, 23555 Palomino Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 12th DAY OF AUGUST 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Steve Tye, Chairman 1.1 DRAFT ATTACHMENT "'I" 1, James DeStefano, 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 August, 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary ATTACHMENT "2" PLANNING COMMISSION RESOLUTION NO. 2000-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT 2000-03 AND CATEGORICAL EXEMPTION 15301, A REQUEST TO OPERATE A CHILD DAY CARE CENTER IN CONJUNCTION WITH A MONTESSORI SCHOOL IN AN EXISTING SHOPPING CENTER. THE PROJECT SITE IS 23555 PALOMINO DRIVE (LOT 2, PARCEL MAP 2757), DIAMOND BAR CA. A. Recitals 1. The property owner, AP Diamond Bar, L.L.C., and applicant, Diamond Bar Montessori Academy, have filed an application for Conditional Use Permit 2000 -03 -for a property located at 23555 Palomino Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit and Categorical Exemption shall be referred to as the "Application." 2. On July 25, 2000, 264 property owners within a 700 -foot radius of the project site were notified by mail. On July 28, 2000, notification of the public hearing for this project was provided in the San Gabriel Valle Tribune and Inland Valley Daily Bulletin newspapers and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of the application. 3. On August 8, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. 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. M 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15301 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there isnoevidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 23555 Palomino Drive (Lot 2, Parcel Map 2757), Diamond Bar, CA, a suite within an existing commercial shopping center with mixed uses of community retail and service. The project site is 3.323 acres. (b) The General Plan Land Use designation of General Commercial (C). The project site is zoned Community Commercial -Billboard Exclusion (C -2 -BE). (c) Generally, the following zones and uses surround the project site: to the north is the SR 57 and SR 60 freeway junction; to the west is the Neighborhood Commercial (C-1) Zone; to the east is the Low Density Residential Zone (R-01-8000); and to the south is the Community Commercial -Billboard Exclusion (C -2 -BE) Zone. (d) The application is a request to operate a child day care center in conjunction with a Montessori school in an existing shopping center for a maximum occupancy of 104. CONDITIONAL USE PERMIT (e) 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 Table 2-6, Allowed Uses and Permit Requirements for Commercial/Industrial Zoning Districts, of the Development Code, a child day care center is permitted in the C -2 -BE Zone with the review and approval of a Conditional Use Permit. The Montessori School is permitted with a Zoning Clearance. As conditioned, the proposed, uses will comply with all other applicable provisions of the Development Code and Municipal Code. (f) The proposed use is consistent with the General Plan and any applicable specific plan. The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a service commercial use and as such is consistent with the General Plan. As there is no change to the site's exterior configuration, the current site's architectural style, construction materials and colors are consistent and compatible with the surrounding commercial sites. Therefore, the design and layout of the proposed project is consistent with the applicable elements of the City's General Plan. Additionally, a specific plan does not exist for the project site. (g) The design, location, size and operating characteristics of the proposed use•are compatible with the existing and future land uses in the vicin,i-t-y. The proposed uses are within an existing legal non- conforming commercial center process by Los Angeles County in 1979 that does not meet the current Development Codes setback requirements. There are no changes, expansion, or structural alterations to this existing legal non -conforming structure. The existing site of the proposed project is within the Community Commercial - Billboard Exclusion Zone (C -2 -BE). The C -2 -BE Zone permits a child day care center- with the approval of a Conditional Use Permit and Montessori School with a zoning Clearance. Both are conforming uses. There is no change to the site's exterior configuration, and the current site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in the Code, or as required in order to integrate said use with the uses in the surrounding area. The site's existing architecture, construction materials, and colors are consistent and compatible with the surrounding commercial sites. Since the proposed project affects the re -opening of a child day care center and school, and have received the approval of the Los Angeles County Fire Department and State of California, Health and Welfare Agency, the operating characteristics will be compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use Permit process. (h) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As referenced in Item (h..) above, the proposed project involves the re -opening of a child day care center and school. Though the current Development Code requires a Conditional Use Permit review and approval, the re -opening of the use does not alter the physical appearance of the structure or the commercial center in which the use is 'located. Although this is an existing development, the proposed project would be permitted with the appropriate - approvals. Access for the site is existing and is adequate. Utilities are existing and are adequate to serve the proposed use. 4 (i) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. State of California, Health and Welfare Agency, Los Angeles County Fire Department and City Building and Safety inspections and approvals are required for the use of child day care although this is an existing facility needing no 'construction permits. The inspections and appropriate licenses and operational conditions listed within this resolution will ensure that the facility will not be detrimental to the public interest, health, safety, convenience, or welfare, of the City. (j) The proposed project has been reviewed in compliance -with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt -pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301. (k) The proposed project will be in substantial compliance with the adopted Economic Revitalization Area. The proposed project is located within the Economic Revitalization Area. The proposed project is consistent with the Economic Revitalization Area Plan in that the proposed project implements the applicable policies as present in the City's General Plan and complies with development limits and standards established by the City's Development Code; and promotes the economic development of the Project Area by providing an attractive, well serviced, well protected environment for all residentsand- visitors; and promotes local. job opportunities. 5. Based upon the findings and conclusion se ' t.forth above,. the Planning Commission hereby approves this Application subject to the following conditions: 5 (a) The project shall substantially conform to site plan, floor plans, and elevations collectively labeled as Exhibit "A" dated August 8, 2000 as submitted and as amended herein. (b) The shopping center site shall be cleaned and maintained in a condition that is free of debris both during and after the implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, shall be done only by the property owner, applicant or by 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. (c) 'Applicants shall be required to designate the five (5) parking spaces in front of the school as 15 -minute with green curb. (d) Applicant shall obtain a Minor Variance for the decrease in the number of required off-street parking spaces. (e) Employees of the shopping center and school shall utilize parking in the rear of the shopping center. (f) Regular hours of operation shall be limited to between 6:00 a.m. and 6:30 p.m. Monday through Friday. Special event operating hours shall be reviewed and approved by the Planning Division. (9) The two uses, Montessori School and Child Day Care Center, shall not use the outdoor play area at the same time. (h) Applicant shall replace missing wooden slats in the rear fencing and gate. (i) Play equipment in the front outdoor play area shall be portable. (i) The Applicant shall comply with the requirements of the State Department of Social Services, State Department of Education, Fire Department, Los Angeles County Business License Department, Los Angeles County Health Department, and City 0 Planning, Building and Safety, and Public Works Divisions. The Applicant shall be in compliance with all requirements of said agencies at all times and receive all approvals and licenses prior to opening for students. (k) To ensure compliance with all conditions of approval .and applicable codes, the Conditional Use Permit shall be subject to periodical review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be ,added. (1) This grant is valid for two (2) years and shall be exercised (i.e., construction) within that period or this grant shall expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (m) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (n) 'If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project* is not exempt from a filing fee imposed because- the project has more than a deminimis- 4-.nact on fish and wildlife, the applicant shall a -.3o pay to the Department of -Fish and Game any sural fee and any fine which the Departqent d,i2-,..:rmi.nes to be owed. 7 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 AP Diamond Bar, L.L.C., 12383 Lewis St., Suite 200, Garden Grove, CA 92840, and Diamond Bar Montessori Academy, 1861 Paseo La Paz, Pomona, CA 91768. APPROVED AND ADOPTED THIS 8th DAY OF AUGUST 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: (Ava_< .Y . Steve Nelson, Chairman I, James DeStefano, 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 8th day of August, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Ruzicka, Tye, Kuo, Vice Chairman Zirbes, Chairman Nelson DeStefano,- Secre 7'"ORD-Lit.DA/PLANCOMM/PROJECTS/CUP 2000-03 23555 PALOMINO/RESO toiU»Tv OF LOS ANGCLES � SS CITY OF DIAMOND- $-AR I. LYNDA BURGESS, CITY -CLERK OF' THE- CITY OF DIAMOND BAR. DO HEREBY CERTIFY UNDER PENALTY -OF PERJUR _`I1NDE12'THE`CAWS OF THE STATE OF CALIFORNIA *THE FORGOING TO, BE A FULL, TRUE AND CORP.F.C.T' COPY OF THE ORIGINAL AS SAME APPEARS ON FILE IN MY OFFICE. IN WITNESS WHF.RrOF. I HAVE HEREUNTO SET MY HAND AND AFFIXED_ THE OF THE CITY :M OFD OND LIAR, THIS =44 OF G��GL� a — DAY LYNDA OU��RR�GESS, CITY CLERK 07/18/2003 13:35 7149924719 %Ju I-les-Ud U12:33P MW :DDnmteatrarl 0 HWA M t4o. T2 ATTACHMENT _3" jul. a6 am j3:52ptrr pp IF r ftM t We I 9 •a-! o© pftm 19 Fin fq ` ..�. An appArVW (at iet SCMVdo= Wft SSCft 1 ,, �,1L t agtwr a dot Yeo ora omeft � T sMOM for "'a m&Mif a is a =Mpmd�+ * the Rash pdorto latuso= 40 Va • ppammoftc2m42=0 � � makwumew r ft NOTE, rt ,r a+a ,�vA!ica�tr:- ' M to food go Impm ArOCassing of thtsfy&SgMhft � tat My Mgnp a, Me "COW Pd hlos. �o�l ae"Wte L Mrw dj eewta o{ .1 off � coastvtt at ch"" s: this r+equart. Prnr Name i �� _ ,� � f^n�lo i P...,, CaRi/it;Nion of Apto/icanc vroureteo is coroeer to the 6est of mq IMO wof 1� � P, Prim.' Alarme _ i W lemur ft ---- Spnap LAcahon =n� .~'~ & a0arete e� tgp, ,;np •at rr M I" Zoning y�usc �viaetr� P?Gamm Use of $tie We appl,etd for > 07/18/2003 13:35 7149924719.. TICS PAGE 08 DEVELOPMENT REWMW AN® ADMINGTRATIVE DEVELOPMENTW BURDEN OF PROM in addition to the information required in the application, tips applicant shell substantiate Planning Division/Planning Commission the fo0owing facts: ( rs mast be nd the satisfaction c the additional shoots of paper if n®cessary.) '' Attachh 1. The design and layout of the proposed development we cormfistant vufbt the General Plan, development standards of the applicable district, rel s ith th for areas. specific fans, community n gutdelines,pand specWI areas (e.g.. theme p nY pians, boulevards tanned d Ernm, I. 2. The design and layout of the proposed development will not inter#e existing or future developments, and ,e tn�ith utas and enjoyment of naighborinB _ :,:till not create traffic or Me %J -%C r!,c A3.0. w _ _ hazards,. Ea S. The architectural design of the proposed development is compatible WWth lite nelohborhood and will maintain and enhance the harmonioUS, Orde and cttaraCter Of the surrounding by the Development Code, Genera: piani� development contemplated , or an '76" u � _ Y appiicar�le specific an: 4 The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as it neighbors through good aesthetic use of materials, texture and color, and Will remain aesthetieally apAealing; and s a ; 0*. . }ik��;tno►�_; i� � -y G�uSSY+�o� .- �— -t+ar W�� ��lt pry t7f iq�i� K 07/18/2003 13:35 7149924719 TIGE Pfd 10 Waiver ' •rr• • Bar Man+=wf••wr Request: To use the same playgrounds and stagger play times into age appropriate groups. Reason: We have three playgrounds and four different age groups of children. The front pIgyground. Plaound 1: This playground is for the students between the ages of 16 months -4 year olds. This playground will be shored by 2 different groups of ages, at different times: 1. The 18-30 month old children will play first 2. The 2-4 year olds will play second The middle playground. Pisymod This playground is for our preschool (2-6 yrs aid) and school age (6-10 yr old) students. This playground is shared by two different groups of ages, at different times. 1. The 3-6 year olds will play together 2. The 5-10 year olds will play together each in their own groups. The back plavaround. ElgXMpd 3: 'this playground is for our preschool (2-6 yrs old) and school age (6-10 yr old) students. The two different age groups will not play at the same time together. 1. The 3-6 year olds will play together 2. The 5-10 year olds will play together each in their own groups. To summarize, each age group: toddler, preschool and school-age, are not mingling with the next group. They will not share the some playground at the same time. 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E iit}:j�rtfil`ifttI {1` Efi ' i a° � q s9 " 11 !' �a4l� ;E P ''' (t �j!y'� !it i [ •a SCJ " Fll�lt��l� n1 % r• ! �� '' ; � i �.�i-�:: ! � � �,g• ',,i�•rt»: agr a � L. _ f''• i J ' S kk 1•:alt 7._._ 11'�e��a � 'a��,�•� a1�1 ��iYi pii8i��iiiiara+�� � � i •t• ri 1 to a 9 t a - i �igli o � !•g�'��t � �gl�Elip�E�+���i°,��+ 1! i � � �� � ;�,~ 2 �' iidai+�` '�1t� '°°/�QINQ►�r°j �j '� O >�atv yy'ab ,Yp�O Q �� L'• a a � O N O vvay o to �s o �„ N t•. ps°a INS as ntOi^''r`C a y�ia aha a°o H,�oy Ha on ty �px 'aY U 2 pa 2 p C:13 p wy q OCh N Q v __.ail `\ \ G� v >�atv yy'ab ,Yp�O Q �� L'• a a � O N O vvay o to qtp r OHO �„ a kb� t•. ps°a INS as ntOi^''r`C a y�ia aha a°o H,�oy Ha on ty �px 'aY 2 pa 2 p C:13 p wy q OCh N Q v a•c' Tits .b.,,,ecT. _w..�.._ ..s•.. �C t -- PA4ilAL S(fd P.rN .:A ^ril'Y -PONT DESIGN 1 ;` 5 PALOY YO Darer iMOKZP BARCALrrOR•4u .�.-...�.a �.o..�..o.,, —• _ 1766 . ;... �.. City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: u REPORT -DATE. MEETING DATE: PROJECT LOCATION: =141:14ol• August 5, 2003 August 12, 2003 Conditional Use Permit No. 2003-04 To install a women's exercise facility in an existing shopping center 968 Diamond Bar Boulevard, Diamond Bar, CA 91765 Beal Bank, 6000 Legacy Drive, Piano, TX 75024 Suzette Douglas, 4195 Chino Hills Parkway, #258, Chino Hills, CA 91709 The property owner, Beal Bank, and applicant, Suzette Douglas, are requesting Conditional Use Permit No. 2003-04 approval for a women's exercise facility identified as Contours Express in an existing shopping center. The project address is 968 Diamond Bar Boulevard and is a suite in the Oak Tree Plaza center at the northeast corner of Diamond Bar Boulevard and Highland Valley Road. The center is on two parcels of approximately 5.25 acres. The center consists of two buildings, the bowling center and the adjacent strip center. Some of the shops were destroyed by fire in 2002 and re-established as it existed. Uses within the shopping center are retail, restaurant, personal services, and a bowling center. The General Plan land use designation is Commercial/Office (CO), which provides for diverse mixed uses of commercial retail, office, and service properties. This proposed project is service commercial use and is consistent with the General Plan. The zoning is Commercial Manufacturing (CM), which equates to Commercial Office building standards. The use is allowed with a Conditional Use Permit approval. The following zones surround the project site: Multiple Residence -Minimum Lot Size 8,000 Square Feet -25 Units per Acre (R -3-8,000-25U) zone is to the north; C -M zone is to the south; Multiple Residence -Development Plan (R -2 -DP) zone is to the east; and the Pomona (SR -60) Freeway is to the west. 1 ANALYSIS: REVIEW AUTHORITY Health/fitness facilities require a Conditional Use Permit approval per Municipal Code Section 22.10.030, Table 2-6, and Chapter 22.58. The Planning Commission is the review authority. A Conditional Use Permit process is established for specified activities and uses whose effect on the surrounding area cannot be determined for a particular location. A Conditional Use Permit is reviewed for the location, design, configuration and potential impacts to ensure that the proposed use will protect the public health, safety and welfare. CONDITIONAL USE PERMIT The application request is to operate a women's exercise facility identified as Contours Express in an existing shopping center. The applicant proposes to lease a 1,600 square foot suite. The suite will consist of an exercise area, office, two dressing rooms, and a restroom. The suite's exterior will not be altered. Contours Express is a ladies -only fitness and weight loss studio that offers a 29 -minute "Cardio Fit" workout that combines strength training with aerobic exercise. There are 16 training stations that alternate training machines with aerobic stations. The machines are not electrical. ® Hours of Operation The proposed project's operating hours are: Monday through Friday. for 6:00 a.m. to 1:00 p.m. and 3:00 p.m. to 8:00 p.m., Saturday from 9:00 a.m. to 1:00 p.m. and closed on Sunday. One employee will work each shift. This use is similar to the Curves use that was recently established at Golden Springs Drive and Diamond Bar.Boulevard. It is anticipated that like its competition, Curves, the peak hours during the week will be between 8:00 a.m. to 10:00 a.m. and 4:30 p.m. to 7:30 p.m. and on Saturday from 8:00 p.m. to 11:00 a.m. ® Parking Conditional Use Permit No. 2002-10 (Gamers X use) per Municipal Code Section 22.30.040 established and found adequate the on-site parking for this mixed use shopping center. The center provides 310 parking spaces. Though the mix of uses would normally require 360 parking spaces, it was determined that the businesses varying uses and peak usage found the site parking to be adequate. This use requires five (5) more spaces than the previous Conditional Use Permit No. 2002- 10 approval. A retail use requires six (6) spaces and Contours Express requires 11. Based upon the uses' timing differences, the extra five (5) spaces are provided. During the 0 daytime hours, many of the bowling center's allocated 229 spaces can are reallocated to this Application's five space requirement. The bowling centers peak hours are in the evenings and weekends. For the evening and weekend hours, it has been determined that at full capacity Gamers X and the bowling center would require 279 parking spaces. This use does not require weekend evening parking. During the week, four businesses close at 6:00 p.m., two at 7:00 p.m. These businesses have an allocated 30 spaces that can be reallocated to this Application's requirement of five. Therefore, parking on-site is adequate. The operation hours and peak hours are as follows: BUSINESS HOURS OF OPERATION PEAK HOURS OF OPERATION 990 OAK TREE Monday-Sunday:9:00 a.m.-2:00a.m. Weekdays: 6:00 p.m. -9:00 p.m. LANES Saturday: 9:00 a.m.-11:00 a.m. (34,980SF) Sunday: 5:00 p.m. -8:00 p.m. 968 SUBJECT Monday -Friday: 6:00 a.m.-1:00 p.m. and Weekdays: 8:00 a.m.-10:00 a.m. and APPLICATION 3:00 p.m. -8:00 p.m. 4:30 p.m. 7:30 p.m. (1 600SF) Saturday 9:00 a.m.-1:00 p.m. Saturday: 8:00 p.m. -11:00 a.m. CLOSED SUNDAY 966 DENTIST Monday -Saturday: 9:00 a.m.-6:00 p.m. (1600 SF) CLOSED SUNDAY 962 GAMERSX Monday -Sunday: noon to 12:00 a.m. After school and weekends (1 600SF) 960 GIUSEPPE'S Monday -Saturday: 10:00 a.m.-7:00 p.m. Monday through Friday 8:00 a.m. - (1550 SF) CLOSED SUNDAY 9:30 a.m. Monday through Saturday 11:00 a.m. - 1:30 p.m. and 4:00 p.m. - 6:00 p.m. 954 TOUCH OF Monday -Saturday - 10:00 a.m.-6:00 p.m. SAME CLASS HAIR CLOSED SUNDAY SALON (1400 SF) 950 NAVY Monday -Friday: 9:00 a.m.-6:00 p.m. (1355 SF) CLOSED SUNDAY 944 M.K.R. DANCE Monday -Thursday: 3:00 p.m. -8:30 p.m. SAME STUDIO Friday 4:00 p.m. -6:30 p.m. (3867 SF) Saturday 9:30 a.m.-12:00 p.m. CLOSED SUNDAY 938 EAST VALLEY Monday -Friday: 6:00 p.m. - 8:00 a.m. Weekends Saturday 12:00 p.m. - EMERGENCY Weekends Saturday 12:00 p.m. to Monday Monday a.m. PET CLINIC 8:00 a.m. 3 932 SW BOARDERS Monday through Sunday: 10:00 a.m.-7:00 Retail (1200SF) p.m. 920 VACANT Retail vacant (2400 SF) 916 KS CLEANERS Monday through Sunday: 9:00 a.m.-6:00 Retail (1200 SF) p.m. 912 VACANT Retail (11200 SF) 908 VACANT Retail (1200 SF) 900 OAK TREE Monday through Sunday: 8:00 a.m. - 11:00 Daily 4:00 p.m. - 7:00 p.m. LIQUORS & p.m. MARKET 2400 SF) Staff believes that the project site provides adequate parking for existing uses, vacancies, and the proposed Contours Express considering the opening, closing, and probable peak operating hours of businesses on site. ADDITIONAL REVIEW The Building and Safety Division and the Public Works Division have reviewed this project. Their comments are included in the report and the conditions of approval. ENVIRONMENTAL ASSESSMENT: The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15303(c). NOTICE OF PUBLIC HEARING: On July 22, 2003, 143 property owners within the project's site 700 feet radius were notified by mail and three other public places were posted within the application's vicinity. On July 29, 2003, this project's public hearing notification was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and posted at the site on a public hearing display board. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2003-04, Findings of Fact and conditions of approval as listed within the attached draft resolution. 0 1 The proposed use is allowed within the subject zoning district with the approval of a Conditional Use permit/Minor Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operation characteristics of the proposed use are compatible with he existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being o I prposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; 5. Granting the Conditional Use Permit/Minor 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 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Linda Kay Smith, Development Services Assistant Attachments: 1. Draft Resolution; 2. Application; 3. Interior photo sample; 4. Aerial; 5. Exhibit "A" - site plan 6. and floor plan dated August 12, 2003. DRAFT 1TTACHMENT"1" PLANNING COMMISSION RESOLUTION NO. 2003 -XX A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2003-12 AND CATEGORICAL EXEMPTION, TO OPERATE A WOMEN'S EXERCISE FACILITY IN AN EXISTING SHOPPING CENTER. THE PROJECT ADDRESS IS 968 DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA A. RECITALS The property owner, Beal Bank and applicant, Suzette Douglas, have filed an application for Conditional Use Permit No. 2003-04 and categorical exemption for a property located at 968 Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as -the "Application." 2. On July 22, 2003, 143 property owners within the project site's 700 feet radius were notified by mail and three other public places were posted within the application's vicinity. On July 29, 2003, this project's public hearing notification was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and posted at the site on a public hearing display board. 3. On August 12, 2003, the Planning Commission 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 Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant Section 15303(c) of Article 19 of Chapter 3 of Title 14 the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and DRAFT ATTACHMENT "I" conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project address is 968 Diamond Bar Boulevard, a suite in the Oak Tree Plaza center at the northeast corner of Diamond Bar Boulevard and Highland Valley Road. The center is on two parcels of approximately 5.25 acres. The center consists of two buildings, the bowling center and the adjacent strip center. The shops' portion of the center was destroyed by fire in 2002 and re-established as it existed prior to the fire. (b) The General Plan land use designation is Commercial/Office (CO) and the Zoning designation is Commercial Manufacturing (C -M), which equates to Commercial Office (CO) Zone standards. (c) The following zones and use surround the project site: to the north is the Multiple Residence -Minimum Lot Size 8,000 Square Feet -25 Units per Acre (R -3-8,000-25U) zone; to the south is the C -M zone; to the east is the Multiple Residence -Development Plan (R -2 -DP) zone; and to the west is the Pomona (SR -60) Freeway. (d) The application request is to operate a women's exercise facility identified as Contours Express in an existing shopping center. The applicant proposes to lease a 1,600 square foot suite. The suite will consist of an exercise area, office, two dressing rooms, and a restroom. The suite's exterior will not be altered. CONDITIONAL USE PERMIT (e) 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 the Development 'Code and the Municipal Code. The proposed Contours Express, a women's exercise facility, is permitted in the CO Zone with the review and approval of a Conditional Use Permit, which analyzes specified activities and uses whose effect on the surrounding area cannot be determined before being proposed fora particular location. As conditioned, the proposed 2 DRAFT ATTACHMENT "l " use complies with all other applicable provisions of the Development Code and Municipal Code. The proposed use is consistent with the General Plan and any applicable specific plan. The General Plan land use designation is CommerciallOffice (CO) This land use designation provides for diverse mixed uses of commercial retail, office, and service properties. This proposed project is consistent with the General Plan. (g) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The project site is approximately 5.25 acres and developed with an existing shopping center with landscaping and approximately 360 parking stalls. The proposed project will occupy an existing vacant suite. No additional square footage will be added to the project suite and the shopping center will not change physically in any way. Parking is based on use and square footage. The proposed use will require a total of 11 parking spaces, five more than a retail use. The existing uses, vacancies and the proposed project with their operating hours and peak operating hours have been considered. The City believes adequate parking exists on site to accommodate the proposed use, existing uses and vacancies when leased. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (h) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The proposed project meets the required development standards for CO zone with a Conditional Use Permit approval and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Shopping center access center exists and is adequate. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints (i) 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 3 DRAFT ATTACHMENT "1" in which the property is located; As conditioned, the project meets the City's minimum development standards. Prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, 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. G) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); The City's environmental evaluation has determined that this project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15303(c). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A" dated August 12, 2003, as submitted and amended herein. (b) 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. (c) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (d) Operating hours shall be: Monday through Friday, 6:00 a.m. to 1:00 p.m. and 3:00 p.m. to 8:00 p.m.; Saturday, 9:00 a.m. to 1:00 p.m.; and closed on Sunday. If the applicant desires to modify the hours of operation, the modified hours of operation shall be presented to the Planning staff for review and approval. 4 DRAFT ATTACHMENT "1" (e) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodical 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. (f) Prior to final inspection, applicant/property owner shall install appropriate handicapped signs at entries. (g) Prior to issuance of any City permits, applicant/property owner shall submit a revised site plan delineating (striping) the path of travel from parking lot to building and path of travel from the curb to building for the City's review and approval. Path of travel shall not exceed a two percent cross slope. (h) Plans shall conform to State and Local Building Codes (i.e., 2001 editions of the California Building Code, Plumbing Code, Mechanical Code, and National Electrical Code). (i) Prior to issuance of any City permits, the applicant shall submit plans to the Los Angeles County Fire Department for review and approval. Floor shall be designed for special loads per Table 23-A of the 2001 California Building Code. (k) Changing rooms shall be handicapped equipped and accessible. (1) This grant is specifically for a women's fitness center identified as Contours Express. In the future, if a use that is more intense and requires a Conditional Use Permit leases the Contours Express suite, a new Conditional Use Permit shall be submitted to the Planning Commission for review and approval. (m) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (n) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if 5 DRAFT ATTACHMENT "1" this project is not exempt from a filing fee imposed because the project has more thama deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. 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: Beal Bank, 6000 Legacy Drive, Piano, TX 75024 and Suzette Douglas, 4195 Chino Hills Parkway, #258, Chino Hills, CA 91709 APPROVED AND ADOPTED THIS 12TH OF AUGUST 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Tye, Chairman 1, James DeStefano, 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 August 2003, by the following vote: AYES: Commissioners: NOES: None ABSENT: None ABSTAIN: None ATTEST: James DeStefano, Secretary 6 Record Owner Name. OW (Last name first) Address (�00(' 0._r City � A Zip Phone ( ) 4 t,11l`i- L41,7 Fax( ) CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT DEPARTMENT Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 Phone (909) 396-5676 Fax (909) 861-3117 e-maii-info@ci.diamond-bar.ca.us OCONDITIONAL USE PERMIT o MINOR CONDITIONAL USE PERMIT =0 ATTACHMENT -.2,, JCase # CUI° 2003 -04 Deposit 5 Z ce>o. ao Receipt # By. Date Rec'd -7-9-35 FOR CITY USE Applicant's Agent _-Dougla F�.l (Last name first) (Last name first) s C�iau D ll� Phone( ) Phone( ) Fax( ) Fax ( ) An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The application fee is either a fiat fee or a deposit plus payment of the City's -processing costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated above. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs are less than the deposit, a refund will be paid. NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of pannersnips, joint ventures, and directors of corporations.) Consent: if certify that I am the owner of the herein -described property and permit the applicant to file this request. Signec Date (Ali recoro owners) / .— .`.� L.n(,'C.� Certification.- 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Name IAppucant or Agent) Signec _ (' or Age trees address or tract and lot number) )1% rf"I _6ca2. q Zoning C Numbering Map Previous Cases C Revised 2/5/03 1 C��yt _ a : !gym'`- 3"��►"` City of Diamond Bar CONDITIONAL USE APPLICATION Present Use ofSite Use applied for Project Size (gross ooreo)MW%a CC-n�� Prohw�t ' _�6 ~~ ' Previous Cases Present Use of Site For Domestic Water Source D 6�& Company/District ~~ Method )l— Gracing or lots by Applicant? YES NO Z Amount (Show necessary g ) ~� .' �radm� YES NO p |���. �uan�y: |mPorl YES ______ND______Ifyes, Expon YES ______NO/fyes, Quantity: Pa,mng To/a| �---' Stai Compact Handicap Landscaping Square feet LEGAL D/SCR/PODN(All ownership comprising' the proposed lot(s)/parcels(s). Area devoted to structures qa Landscaping/Open space Revised 2/5/03 ,�u��r~� ' '—nao li l•Y. J. i.UUV V�IJnl�+ 111VY llVll 1\Yi1Y1 Ul, Vi 111 V. Record Owner NnMt BEAL 8h= tLaSt name filet) "dfPSS 6000 Legacy Dr. Cily Plano. Te=$ Zti1 7$024 Phony i _ ) 469-467-5504 %Dk CITY OF DIIA ONpD OAR COMMUMffY DEVELOPMENT DEPAffMONT Planning Divl3lotn 21825 E. Copley Drive Diamond Bar, CA 91765 Phone (909) 396.5678 Fax (909) 881-3117 8.m3jj into®ct.diamono-bar.ca.us r r • r ,:I " WTIRLI RAM -Ll 0 r l , A®plicant H4� �. J..• 1 J3J 1 . i„�/� �Deposlt S I limch�pt Q ®y Date QeC'Q t Rot C1M YSE Applicant's Agent Phone ( ) Fax ( ) hast name first) An apptieation fee in accordance with Section 22.44.040 of the Municipal Code mast accompany this Application. The appli63tlon fee is either a flat fee or a caposit plus paytnont of the C11WIG .prneessing costs computed on an hourly Calsis, The applicable fee or deposit amount f®r this application is indicated ahowe, If it is a deposit, the applicant shall pay any processing costs that exceed the amount o1 the deposit pnor to issuance of the permit., If processing costs are toss than tete deposit, a refund will he paid. NOTE; 11 is Inc, apptteanrs responsibility to notify the City In w0ting o! any change of the prineioals involved during the Drot.'sssinel of ;nIs case (Attach separate sheet, It n®ceSsary. Including narttsa, addresses, and signatures Of ttf9mders of eanncrsmos enmt vrnu:res. ana dit=rs of corporations.) Consent • i sanity that I am the owner of the harein•desscribad property and permit the tappl/Cant to file this request. Signed • r Date 7446 �.. t<n riearc aw'forst W. T. Saurardnann Senior V.P., Cert!/ica tion: 1, the uhdersignad, hereby certify Under penally of periury that the in(+rnalion horatn provided is correct to tho Drsr or my hnonvledlge. 966 N, Diannond Bar Blvd. tSv_ei 800res9 ai trail ahc lot njrnprn i Zoning Numbering Map P.,evtous Cases Revised 2/5/03 1 IUL-06-2803 14 15 7147723372 96% P -e2 TOTAL P.02 CONDITIONA H MINOR CONDITIONAL BURDEN O A Development Review or Administrative Development Review application shall be reviewed by the applicable review authority identified in Section 22.48.050 (Responsibility for Development Review), below and shall be approved, with or without condition, only if the following findings are made: The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., them afeas, specific plans,�eommuroV plans, boult~vards orvlanned develnnmF-MC)- _ 2. The design and layout of the proposed development will not interfere with the use and enjoyment of nemhbor g existing or future devet rrteMnts, and wi I not vreate traffic or pedestrian hazards; c. h,, , �. 1 n� a L�rl I. h n. t w t _ n The architectural design of the proposed development is compatible with the character of the surrounding new,hborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated this Chapter. the Genual Plap, or anv applicable specifid [)Ian: 1"he design to the proposed development will provide a desirable environment for its occupants and visiting puhh, a, %yell as its neighbors through good aesthetic use of materials, texture and color, and will remain �heti�alk a�pcalin(, The proposed development will not be detrimental to the public health, safety or welfare or materially injurious ie.g.. negative affect on property values or resale(s) of property) to the properties or improvements in the �initti�,and _ _ nEA:S •L! �,L �a�E�l"� A Kre"vw:: F NG. r air v REAR F*et N'r !� L. 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II I .IIII I I iI ..IIII II III II I iI III III ...iII. III IIIII • E IIIiI V I 258477196 US P.O ZIP Code. On of Delivery ' _ ;.. Fiat Rate Envelope IDate In ❑ N r<t ❑ Second ❑ Postage Mo:Da Year '❑a2 Noone: Time In ❑ a PM _; 7 Military Retum Recelpt Fee ❑ AM -❑.2nd Doy ❑ PM Q 31 Day ..�;. ,�.. . Weight - Int'I All Coun Code F - - by COD Fee Insurance Fee lbs. ozs. No Delivery Acceptance Clerk Initials Total Postage &Fees ❑Weekend ❑Holldoy METHOD OF PAYMENh yy y ✓'� Express Mail corporate Acct. No. ,.tp i..�, E,�,l .. ._ . FROM: (PLEASE PRINT) PHONE ( 90 rj .,,,p,y y }� 6 ;"j 6 7. 6. C I Ty OF DIAMOND I8 5 C0PLEY DP, 1J � Customer Copy ' 4 �(I�/ ESS Label 11-F June 2002 1 "L�/[G 11 UNITED STATES POSTAL SERVICEo Post OfficeToAddressee a ,o Delivery Attempt .Time o . Employee Signature Mo. Day❑AM ❑PMi DelWeryAttempt Time 6 _ Employee Signature Mo.pe ❑AM ❑'PM „ Delivery Data Time j Employee Signature Mo Da ❑ AM ❑ PM � xbQS%r1ATURl��mesttpD�l�ddi�Qnatmu,'ren o�raeinaurat,aa,Ia �ytE � p ( j elver ate 'x'a .£p4�T r raddr IB{ralute taraqusaffid Clv{sFy tl�pvary tNb yy lodatio`�"n ano� gGyedsaee sagant Q� daMe y eLnPtoi e lhaT ¢arca Ing 31Bnatdty w I � r�tfiat de'flvety etnWoyde a's � bale i secure s. - ;NDDELIIi�RY 3 n S 4ir �; I:,.k:Q�Snri, 1 i +S.rrt yl'ii in k �E Tia a, L til L: .. Y.n,.,r.e +c.F.2x.Gustomer�gnalUra ..-1, . FedorW Agency Acct No. or Postal SeMca Acct No. .. _ .:; TO: (PLEASE PRINT) .. r PHONE I ) , �= 63 I / I J i NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On August 12, 2003, at 7:00 P.M., the Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District, 21865 East Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. 1, Stella Marquez declare as follows: I am employed by the City of Diamond Bar. On August 8, 2003, 1 posted a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on August 12, 2003, at the following location: South Coast Quality Management Heritage Park District Auditorium 2900 Brea Canyon Road 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on August 12, 2003, at Diamond Bar, California. Stella Marquez Community and Development Services Department gA\affidavitposting.doc