HomeMy WebLinkAbout06/28/200510j'At AN N I N G
Comm I ISSION FILE COPY
South Coast Air Quality Management District
Government Center Building - Auditorium
21865 Copley Drive
Diamond Bar, CA
Chairman
Joe McManu
ViceChairman
Ruth M. Low
Commissioner
Dan Nolan
Commissioner
Steve Tye
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 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. 11 of the Americans with
Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any
type of special equipment, assistance or accommodation(s) in order to communicate at a
City public meeting must inform the Department of Community & Development Services at
(909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
drinking in the Auditorium and encourages you to do the same
City of Diamond Bar
Planning Commission
PUBLIC INPUT
The me I etings 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: infoe-ci.diamond-bar.ca.us
Next Resolution No. 2005-25
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, June 28, 2005
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Joe McManus, Vice -Chairperson
Ruth M. Low, Dan Nolan, Steve Tye
2. RECOGNITION OF OUTGOING COMMISSIONER. Jack Tanaka.
3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the
Planning Commission on any item that is within their jurisdiction, allowing the public an
opportunity to speak on non-public hearing and non -agenda items. Please complete a
Speakers Card for the recording Secretary (Completion of this form is voluntary.)
There is a five-minute maximum time limit when addressing the Planning Commission.
5. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are
approved by a single motion. Consent calendar items may be removed from the
agenda by request of.the Commission only:
5.1 Minutes of Study Session: June 14, 2005.
5.2 Minutes of Regular Meeting: June 14, 2005.
6. OLD BUSINESS: None.
7. NEW BUSINESS: None.
8. PUBLIC HEARING(S):
8.1 Amendment to Development Agreement 2004-01. - Between the City of
Diamond Bar and Lewis -Diamond Bar, LLC for the Diamond Bar Village
Specific Plan, a 71 -acre development consisting of 180 multi -family residential
units and up to 270,000 square feet of commercial, retail and institutional uses.
The proposed amendment is to consider proposed changes to the financial
terms of the contract and the minor changes to the schedule of performance.
JUNE 28, 2005 PAGE 2 PLANNING COMMISSION
Project Address: South of Grand Avenue, east of Golden Springs Drive
Property Owner/ Lewis -Diamond Bar, LLC
Applicant: 1156 N. Mountain Ave
Upland, CA 91785
Environmental Determination: On June 29, 2004, the City Council approved
an Addendum to the previously certified Final Environmental Impact Reports,
SCH No. 91121027 and No. 96111047 for the related General Plan, Zone
Change, and Diamond Bar Village Specific Plan. The proposed amendment to
the Development Agreement makes changes to the financial terms and the
schedule of performance, which is covered in the previous addendum,
therefore, additional CEQA review is not required.
Recommendation: Staff recommends that the Planning Commission adopt a
resolution recommending City Council approval of Amendment to Development
Agreement 2004-01.
8.2 Development Review 2004.34 - In accordance to Chapter 22.48 of the City of
Diamond Bar Development Code, the applicant has requested approval of
plans to construct an approximate 8,076 square foot addition to an existing
2,777 square foot two-story single-family dwelling on an existing 9.10 acre R-1
9,000 zoned parcel with a consistent underlying General Plan Land Use
designation of Low Density Residential (RL). The development also includes an
attached 1,008 square foot 4 -car garage, swimming pool, tennis court,
basketball court, and detached gazebo.
Project Address: 701 Featherwood Drive, Diamond Bar, CA 91765
Property Owner/ Randy and Olga Rodriguez
Applicant: 701 Featherwood Drive,
Diamond Bar, CA 91765
Recommendation: Due to technical issues that need to be resolved, staff is
recommending that this project's review be continued to July 26, 2005
8.3 Development Review No. 2005-14 In accordance to Code
Section 22.48.020.(a)(1), this is a request to construct a three-story single-
family residence with two car garage and balconies totaling to approximately
5,187 square feet. The request also includes retaining walls within the front,
side and rear yards not to exceed an exposed height of six feet.
JUNE 28, 2005
PAGE 3 PLANNING COMMISSION
Project Address: 1198 Chisolm Trail
Property Owner: Mr. Mitchell Won
5719 Paramount Lane
Pico Rivera, CA 90660
Applicant: Mr. Brent Hallam
Westwood Design
133 E. Bonita Ave., Ste. 202
-San Dimas, CA 91773
Environmental Determination: Pursuant to the provisions of the California
Environmental Quality Act (CEQA), Section 15303(a), the City has determined
that this project is categorically exempt.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. 2005-14, Findings of Fact, and conditions of approval
as listed within the draft resolution.
8.4 Development Review No. 2005-19/Minor Variance No. 2005-05/Minor
Conditional Use Permit No. 2005-05/Tree Permit No. 2005-11 - In
accordance to Code Sections 22.48.020.(a)(1), 22.56., 22.30.080.(5) and 22.28,
this is a request to construct a three-story single-family residence with three car
garage, balconies and deck totaling to approximately 7,100 square feet. The
request also includes walls, retaining and non -retaining, within the front, side
and rear yards not to exceed an exposed height of eight feet. The Minor
Variance is for a 20 percent reduction in the required 30 foot front yard setback.
The Tree permit is related to the removal/replacement/protection of oak and
walnut trees. The Minor Conditional Use Permit is for a driveway wider than the
maximum 14 feet allowed at the street property line.
Project Address: 2141 Rusty Spur
Property Owner/ Mr. and Mrs. Saeid Shantiyai
Applicant: 1250 Valley View Ave.
Pasadena, CA 91107
Environmental Determination: Pursuant to the provisions of the California
Environmental Quality Act (CEQA), Section 15303(a), the City has determined
that this project is categorically exempt.
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. .2005-19/Minor Variance No. 2005-05/Minor
JUNE 28, 2005 PAGE 4 PLANNING COMMISSION
Conditional Use Permit No. 2005-05/Tree Permit No. 2005-11, Findings of Fact,
and conditions of approval as listed within the draft resolution.
8.5 Development Review No. 200445 - In accordance to Code
Section 22.48.020(A)(2), this is a request to establish private college
classrooms, University of Phoenix, in existing office business park suites.
Project Address: 1470 S. Valley Vista Drive
Property Owner: 1470 S. Valley Vista Drive, LLC
4641 District Boulevard
Vernon, CA 90058
Applicant: Apollo Group, Inc., Harlan Lindholm
4305 Hidden Oaks
Yorba Linda, CA 92886
Agent: CB Richard Ellis, Inc., Travis Boyd
3501 Jamboree Road, Suite 100
Newport Beach, CA 92660
Environmental Determination: The City has determined that this project is
Categorically Exempt per the California Environmental Quality Act (CEQA),
Section 15303(c).
Recommendation: Staff recommends that the Planning Commission approve
Development Review No. 2004-45, Findings of Fact, and conditions of approval
as listed within the draft resolution.
9. PLANNING COMMISSION COMMENTS I INFORMATIONAL ITEMS:
10. STAFF COMMENTS I INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
11. SCHEDULE OF FUTURE EVENTS:
CONCERTS IN THE PARK: June 29, 2005 - "Soundbytes" (60's -90's)
6:30 p.m. - 8:00 p.m.
Sycamore Cyn Park, 22930 Golden Spgs. Dr.
(Every Wednesday, June 29 through August 10, 2005)
JUNE 28, 2005
PAGE 5 PLANNING COMMISSION
4TH of JULY - CONCERT Monday - 6:00 p.m. - 9:30 p.m.
IN THE PARK: Sycamore Cyn Park, 22930 Golden Spgs. Dr.
Fireworks Show - 9:00 p.m.
"Ticket to Ride" (Beatles Tribute Band)
CITY COUNCIL MEETING: Tuesday, July 5, 2005 - 6:30 p.m.
SCAQMD/Government Center - Auditorium
21865 Copley Drive
CONCERTS IN THE PARK: July 6, 2005 - "Chico" (Latin)
6:30 p.m. - 8:00 p.m.
Sycamore Cyn Park, 22930 Golden Spgs. Dr.
(Every Wednesday, June 29 through August 10, 2005)
INDUSTRY BUSINESS
CENTER TOWNHALL
MEETING:
PLANNING COMMISSION
MEETING:
Thursday, July 7, 2005 - 6:30 p.m.
Neil Armstrong Elementary School
22750 Beaverhead Drive
Tuesday, July 12, 2005 - 7:00 p.m.
SCAQMD/Government Center - Auditorium
21865 Copley Drive
CONCERTS IN THE PARK: July 13, 2005 - "Sevilles" (50's & 60's)
6:30 p.m. - 8:00 p.m.
Sycamore Cyn Park, 22930 Golden Spgs. Dr.
(Every Wednesday, June 29 through August 10, 2005)
TRAFFIC AND
TRANSPORTATION
COMMISSION MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
Thursday,'July 14, 2005 - 7:00 p.m.
SCAQMD/Government Center
Hearing Board Room - 21865 Copley Drive
Thursday, July 28, 2005 - 7:00 p.m.
SCAQMD/Government Center
Hearing Board Room, 21865 Copley Drive
Pi
404V by
_;i r
f:_ .
MINUTES OF THE CITY OF DIAMOND BAR
PLANNING COMMISSION STUDY SESSION
JUNE 14, 2005
Chairman McManus called the study session to order at 5:40 p.m. in Room CC -2 of the
South Coast Air Quality Management District/Government Center, 21865 Copley Drive,
Diamond Bar, California 91765.
1. ROLL CALL:
Present: Chairman Joe McManus, Vice Chairperson Ruth Low,
and Commissioners Dan Nolan, Jack Tanaka and Steve Tye.
Also present: Nancy Fong, Planning Manager, Ann Lungu, Associate
Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Senior
Administrative Assistant.
PM/Fong stated that staff was not seeking a decision during tonight's, study session
because the decision would be made during a future public hearing. The purpose of
tonight's study session was to familiarize the Commissioners with the proposed changes
and to seek discussion and direction from the Commission.
® ZONE CHANGE NO. 2005-01 — AssocP/Lungu presented staffs report.
Sunset Crossing/Diamond Bar Boulevard. (Wienerschnitzel and vacant
lot) The existing zoning is CM (Commercial Manufacturing) and the General
Plan is General Commercial. Staff recommended a change to C-2 for
consistency and because the site is adjacent to residential use.
Chair/McManus said the off -ramp has serious geotechnical problems on the
corner.
C/Tye asked if the City would be opening itself to uses that were not
compatible uses in Diamond Bar. AssocP/Lungu referred C/Tye to the Table
2-5 & 6 of the City's Development Code for uses allowed under C-2.
Chair/McManus noted that there is a center median in the area and that in
the event of a commercial project a left turn pocket would need to be
included.
VC/Low asked if staff followed objective standards when recommending C-1,
C-2 or C-3. PM/Fong said it depended on the location and whether it is next
JUNE 14, 2005
=1
D S, *'
R -i? Ai- FF
PLANNING COMMISSION
STUDY SESSION
to a residential area or commercial area. If the location were next to a
residential area staff would be very concerned about having compatible uses
and the lowest intensity of uses. If the location were next to commercial and
close to a freeway it could involve higher intensity of uses.
C/Nolan said that under the General Plan definition it could not be zoned
C-3. AssocP/Lungu responded that the General Plan called for the location
to be C — General Commercial and the Development Code definition of the
zoning districts tells staff more specifically whether a C-2 or C-3 zone would
be appropriate.
2) Diamond Bar Blvd/Palomino Dr.: (Chevron Station) General Plan is C
(General Commercial), the existing zoning is C-2 and the proposed zoning is
C-3 (Regional Commercial) because the site is next to two freeways and staff
believes that a change from C-2 to C-3 is appropriate for the site. The
proposed zoning designation will provide a broader range of uses that will
foster economic development.
3) Diamond Bar Blvd between Palomino Dr and Golden Springs Dr.
(Von's/Savon/Mobil Station/Bank) Staff is recommending a C-3 Regional
Commercial zone for the area because the designation will provide a broader
range of uses that will foster economic development. The office building
designated C (General Commercial) and zoned C-2 will remain C2 because
the site is adjacent to a residential use.
4) Monteflno and Diamond Bar Boulevard- Office Building designated CO
and zoned C-3 is proposed to change to CO for General Plan consistency.
5) Diamond Bar Blvd/Cold Springs Dr/Fountain Springs: (Country Hills
Towne Center) Existing is C-1 and staff recommends C-2 to provide for
possible economic development and a wider range of uses than the existing
zone. Due to the size of the sight it could be considered for C-3. The Office
building designated OP (Office Professional) in the General Plan has an
existing zoning designation of C-1 and is proposed to be changed to OP in
compliance with the General Plan.
C/Tye asked why the City would not consider CO or OP? AssocP/Lungu
explained that C-2 would allow some uses in the CO or OP and General Plan
consistency.
JUNE 14, 2005 Page 3 PLANNING COMMISSION
STUDY SESSION
C/Nolan asked how staff arrived at recommending C-2 instead of C-3.
AssocP/Lungu said she felt the defining point was the location. C-3 may be
more appropriate due to the acreage of the shopping center. However, this
site is located near residential.
VC/Low argued that in reality every commercial parcel resides in close
proximity to residential. AssocP/Lungu said if a commercial center backed up
to a freeway staff would most likely have recommended C-3 zoning. VC/Low
asked if the parcel owner realized an economic benefit based upon the
zoning. PM/Fong said the owner would benefit from permitted uses if he did
not have to go through a re -zoning process. C/Nolan stated it as follows: The
more flexible the code the easier it will be for the property owner to rent/lease
the property.
6) Brea Canyon Rd/Diamond Bar BI (EV Free Church) is designated C in
the General Plan, the existing zoning is R-1-7,500 and staff is recommending
C-1 (Neighborhood Commercial) for consistency with the General Plan and
because C-1 is appropriate since it is adjacent to residential.
7) Brea Canyon Rd/Diamond Bar B (Adjacent Flood Channel and Site
"D") The General Plan designation is C and the existing zoning is CPD. Staff
recommends C-1 for consistency with the General Plan.
8) Grand Ave between Montefino Ave and Diamond Bar Blvd. Existing
zoning is C-3. General Plan designation if OP. Staff recommends zoning
OP.
9) Golden Springs Dr/Grand Ave: (Across the street from the proposed
Target store) General Plan designation is OP. Existing zoning is C-3 and
proposed zoning is OP; parking lot, offices, restaurant General Plan is CO,
existing zoning C-3 and proposed zoning is CO for consistency with the
General Plan.
10) Golden Springs QrXia Sorelly: (Walnut Pools, CalTrans yard) — General
Plan CO, zoning comprised of a variety of zones (C-2, MPD -BE C-2, and R-
1-8,000). Staff recommends CO for consistency with the General Plan
11) Brea Canyon Rd lVia Sorella: (two churches, architect's office, repair shop)
General Plan CO with a variety of zones (C -H -PD, C-3, R-1-8,000, CPD, R-1-
8,000)
-1-8,000) staff recommends CO for General Plan consistency.
JUNE 14, 2005
Page 4
D R13 A F T
PLANNING COMMISSION
STUDY SESSION
12) Golden Springs between Lemon Ave,/Brea Canyon Rd:
(McDonald's/Chevron to Charlie's Sandwich Shop) — At present, a General
Plan designation of C. Zone was changed to C-2 for the Banning Way
Project. The remaining parcels have a variety of zones (e.g., A-1-1-15,000,
C -2 -BE, C -2 -DP, CPD and C -3 -DP). Because the site is adjacent next to the
freeway, staff believes that C-3 zoning designation for the entire area is more
appropriate and that the zoning designation will provide a broader range of
uses that will foster economic development.
C/Nolan asked if there were any businesses in any of the areas that would
no longer be compatible with the recommended zone changes.
AssocP/Lungu responded that staff tried not to create any legal non-
conforming issues.
13) Golden Springs/Lemon Ave: (Jubei Japanese Cuisine, Korean
Restaurant) — General Plan designation of C with a zoning designation of
C-2 DP -BE. Staff recommends changing it to C-2 only which is consistent
with General Plan consistency and this designation will be consistent with the
City's Development Code.
14) Pathfinder Rd./Brea Canyon Rd.Mest of SR57: General Plan designation
is OP. Staff recommends a zone change from C-2 and CPD to OP for
General Plan consistency.
15) SIM Comer of PathrinderRdISrea Canyon Rd: General Plan designation of
CO with zoning of CPD and staff recommended that the zone be changed to
OP (Office Professional) to conform to the General Plan.
16) Gateway Corp. Center., General Plan designation is OP, existing zoning is
C -M and proposed zoning is OB (Office, Business Park) for General Plan
Consistency and because OB is consistent with the Development Code
designation for large scale headquarters -type office facilities and business
park development.
17) North of Sunset Crossin-glSouth of appy Hollow Rd) (Little League ball
fields, YMCA) — General Plan designation is PR (Private Recreation),
existing zoning is MPD -BE and for the Union Pacific RR the current zoning is
M 1.5 & A-1-1. Staff recommended REC (Recreation) for consistency with
the General Plan and the Development Code zoning designation for PR.
JUNE 14, 2005
Page 5
D RAFY
PLANNING COMMISSION
STUDY SESSION
C/Tye pointed out that it appeared the map showed two sections, one for the
Little League fields and YMCA and one for the railroad tracks. AssocP/Lungu
said she would research the matter.
18) Washington St /East of Brea Canvnn Rd.: General Plan designation is
RMH and I. Existing zoning is C -M -BE and M 1.5. Proposed zoning is RMH
and I for consistency with the General Plan
C/Tye pointed out that the berm at the end of Washington Street is gone and
there is now clear access through the gate to City of Industry. The street no
longer looks like I a cul-de-sac as designated in the General Plan.
AssocP/Lungu said that staff would look into it. Chair/McManus felt that
trucks would look for the quickest access and if Washington Street is not
blocked it will become a through street.
19) North of Lycoming beeen Lemon Ave. and Bre- (Shea
Center) General Plan designation is I. Existing Zoning is M -1.513E. (Pinefalls
Ave. and Penarth Ave.) General Plan designation is zoning MPD. Staff
proposes that the entire area be zoned I for General Plan consistency.
20) North of Lycomm g between Brea Can on Rd. and Lemon Ave.:
(warehouse and industrial) General Plan designation is I. Existing zoning
M 1.5 -BE. Staff recommends I for General Plan Consistency.
21 West of Lemon Ave /North of SR60 to City boundanL. (Union Pacific RR
and industrial development and Yellow Brick Road Industrial Park) General
Plan
an designation is I. Existing zoning is M 1.5 -BE. Staff recommends I for
General Plan consistency.
22) North of60FWYlSouth of comma between Lemon Ave- and Glen,, -,ick
Ave.: (WVUSD) General Plan designation is I. Existing zoning isR-A-8,000.
Staff proposes I zoning for General Plan consistency.
The Planning commissioners concurred to direct staff to prepare for a public
hearing to consider changing zoning classifications to comply with the City's
General Plan.
JUNE 14, 2005
A15- F
PLANNING COMMISSION
STUDY SESSION
ADJOURNMENT: With no further business before the Planning Commission,
Chair/McManus adjourned the study session at 6:58 p.m.
Respectfully Submitted,
Nancy Fong, Planning Manager
Attest:
Joe McManus, Chairman
e
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JUNE 14, 2005
CALL TO ORDER:
Chairman McManus called the meeting to order at 7:03 p.m. in Room CC -2 of the South
Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond
Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Tanaka led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Joe McManus, Vice Chairperson Ruth Low,
and Commissioners Dan Nolan, Jack Tanaka and Steve Tye.
Also present: Nancy Fong, Planning Manager, Ann Lungu, Associate
Planner, Linda Smith, Development Services Assistant and Stella Marquez, Senior
Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of May 24, 2005.
C/Nolan moved, C/Tye seconded to approve the minutes of the Regular
Meeting of May 24, 2005, as amended. Motion carried by the following Roll
Call vote:
AYES:
NOES:
ABSENT:
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
None
V/C Low, Nolan, Tanaka, Tye,
Chair/McManus
None
None
JUNE 14, 2005
Page 2 PLANNING COMMISSION
7. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS:
C/Tye congratulated Commissioner Jack Tanaka on winning the election to fill the
City Council vacancy. C/Nolan concurred and wished Commissioner Tanaka well in
his service on the City Council.
C/Tanaka thanked M/Chang for giving,him the opportunity to serve on the Planning
Commission and thanked staff, and most especially SAA/Marquez, for their
assistance. He thanked past Planning Commissioners Joe Ruzicka, Steve Nelson
and Osman Wei and most importantly the current Planning Commissioners. He felt
he learned a lot serving on the Commission and what he learned would be a good
foundation for serving on the City Council.
VC/Low congratulated C/Tanaka on his ascension to the City Council. She also
congratulated C/Tye on running a spirited campaign. Chair/McManus congratulated
C/Tanaka and wished him well in his new endeavor.
8. STAFF COMMENTS AND INFORMATIONAL ITEMS: None Offered.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nolan adjourned the meeting at 7:09 p.m.
Respectfully Submitted,
Nancy Fong, Planning Manager
Attest:
Joe McManus, Chairman
DWI
PLANNING COMMISSION
• REPORT
21925 COpLEy DRIVE — DIAMOND BAR, CA 91765 — TEL. (909) 839-7030 — FAX (909) 861-3117 — www.CityofDiamondBar.com
AGENDA ITEM NUMBER:
MEETING DATE:
REPORT DATE:
CASE/FILENUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
PROPERTY OWNERS:
APPLICANT:
STAFF RECOMENDATION:
M
June 28, 2005
June 23, 2005
Amendment No. 1 to Development
Agreement No. 2004-01
Southeast corner of Grand Avenue and
Golden Springs Drive (Assessors Parcel
Numbers: 8293-045-004, 8293-045-005,
8293-045-006, 8293-045-007, 8293-045-
008 and 8293-045-009.)
Amendment to the existing agreement to
consider proposed changes to the
financial terms and the schedule of
performance.
Hidden Manna Corporation
22324 Golden Springs Drive
Diamond Bar, CA 91765
(APN 8293-045-006, 007, 008 & 009)
and
Lewis - Diamond Bar, LLC
1156 N. Mountain Avenue
Upland, CA 91785
Lewis - Diamond Bar, LLC
Adopt resolution recommending City
Council approval.
In June 2004, the City Council approved Development Agreement No. 2004-01. The
previously approved Development Agreement and this amendment were processed
pursuant to Government Code Section 65864, et seq. and Chapter 22.62 of the
Development Code. The Development Agreement was crafted to guide future
development of the approximate 70 -acre site located at the southeast corner of
Grand Avenue at Golden Springs Drive.
The approval established the framework to permit future construction upon the site
with the intended mixture of Commercial Retail / Institutional, High Density
Residential, Office / Business Park, and Open Space land uses. The Development
Agreement permitted a maximum development potential of 200 multiple family
residential condominiums, 170,000 square feet of commercial -retail space, 50,000
square feet of new institutional use, 50,100 square feet of office / business park use
and retained a substantial portion of an existing church facility (Calvary Chapel),
associated church surface parking and preservation of approximately 25.5 acres of
the 70 -acre site as open space.
The proposed use of the 70 -acre property involves a multi -phased land development
project of the Developer, Lewis -Diamond Bar, LLC, and a substantial monetary
investment. The purpose of the Agreement is to reduce the developer's risk by
locking in the development approvals and related project fees for a period of time.
This assures the developer that future City development policy changes or
regulation changes will not affect the approved project. In exchange, the City
receives assurance that the project will be developed as proposed by the Developer..
with commitments and contributions to the City that meet our community objectives.
Key components of the Agreement include a binding five-year term. This locks in the
provisions of the agreement. The agreement incorporates the Diamond Village
Specific Plan that establishes development standards for the properties.
The public benefits associated with the Agreement include park development fees
(Quimby Fee), roadway improvements on Grand Avenue and Golden Springs Drive
and a fair share contribution toward future improvements necessary to reduce area
wide traffic impacts. In consideration of the entitlement of existing commercial
property (formerly owned by Citrus Valley Health Partners) for 200 -residential
condominium units, the Developer agreed to pay the City a Development Agreement
Fee in the amount of $2,000,000 and provide a Commercial Anchor development
guarantee to the City. The Developer agreedto pay the City the Development
Agreement Fee based upon a payment schedule outlined within the Agreement. In
addition, the Developer agreed to provide and has posted a $2,000,000 Letter of
Credit, which was established to guarantee the commencement of construction of
the Commercial Anchor by June 2005 and completion of the Commercial Anchor by
April 2006. This LOC assures the City that construction of the anchor retailer will
commence timely providing retail sales tax dollars to the City for future municipal
purposes.
K
The Agreement established the quality and type of commercial anchor retail tenant
for the center. While a specific anchor tenant and restaurant operator were not
known at that time, the agreement set forth the establishment of high quality tenants
such as Target.
Both parties to the Development Agreement, Lewis — Diamond Bar, LLC and the
City, have worked cooperatively to implement the terms of the agreement.
Circumstances related to the ultimate size and configuration of the Commercial
Anchor parcel and the selection of the Commercial Anchor have resulted in a
request by Lewis -Diamond Bar, LLC for City approval of Amendment No. 1 (attached
as Exhibit "A") to the existing Development Agreement No. 2004-01 approved by the
City Council on June 29, 2004.
In summary, the developer's requested amendments will:
1 Revise Section 4.2.1, City Traffic _Fee to memorialize the City
and Developer's previous agreement regarding the fair share
cost of applicable traffic improvements; extending the date for
2. Revise Section 4.5, Commercial Fee by
commencement of construction of the Commercial Anchor from
June 1, 2005 to September,1, 2005 and by extending the date
of the opening of the Commercial Anchor from April 2006 to
October 2006; Section 4.5, the previous City
3. Acknowledge, in furtherance of
Planning Commission adoption of Resolution No. 2005-18
which approved the Target development application; and a City
agreement to not impose any additional development exactions
or development impact fees other than those set forth in the
Target Resolution or the Development Agreement as conditions
of approval of the pending boundary (lot) line adjustment
application or the future Parcel Map.
In exchange for these proposed amendments, and as a result of extensive
negotiations with the City, the Developer will:
1. Deliver the approved Commercial Anchor (Target) to the City in October
2006;
2. Guarantee the $2,000,000 Residential Fee regardless of the number of
dwelling units constructed;
3. Increase the amount of the Residential Fee per dwelling unit and therefore
accelerate the payment schedule.
3
ENVIRONMENTAL ASSESSMENT:
On June 29, 2004 the City Council approved an Addendum to th I e previously
certified Final Environmental Impact Reports SCH No. 91121027 and No. 96111047
for the related General Plan, Zone Change, Development Agreement and Diamond'
Village Specific. The proposed amendment to the Development Agreement makes
no changes to the land use plan for the 70 -acre site. The amendments only pertain
to financial terms and the schedule of performance; therefore additional CEQA
review is not required.
PUBLIC HEARING NOTICE:
Public Notice for the City Council public hearing was published in the Inland Valley
Bulletin and the San Gabriel Valley Tribune on June xx, 2005. Public Notices were
mailed to all property owners within a 700 -foot radius of the project site on June xx,
2005. The project site was posted with a display board and the public notice has
been posted in three public places within the City.
James DeStefano
Assistant City Manager
ATTACHMENTS:
1. Draft Planning Commission Resolution
2. Amendment No. I to Development Agreement
3. Development Agreement No. 2004-01
rd
PLANNING COMMISSION
RESOLUTION NO. 2005- XX
A RESOLUTION OF THE PLANNINGCOMMISSION
THE CITY
CITY OF DIAMOND BAR RECOMMENDING
COUNCIL APPROVE AMENDMENT NO. 1 TO DEVELOPMENT
AGREEMENT NO. 2004-01 REGARDING PROPERTY LOCATED
AT THE SOUTHEAST CORNER OF GRAND AVENUE AND
GOLDEN SPRINGS DRIVE COMPRISED OF APPROXIMATELY
70 ACRES AND IDENTIFIED AS ASSESSORS PARCEL
NUMBERS - 8293-045-004, 8293-045-005, 8293-045-006,
8293-045-007, 8293-045-008 and 8293-045-009.
A. RECITALS
The applicant, Lewis -Diamond Bar, LLC (Lewis), acting as a property
owner and as an agent for property owner Hidden Manna Corporation,
has filed an application for an Amendment to Development Agreement
No. 2004-01 regarding development of a site comprised of approximately
70 -acres generally located at the southeast corner of Grand Avenue and
Golden Springs Drive and identified as Assessors Parcel Numbers -
8293-045-004, 8293-045-005, 8293-045-006, 8293-045-007, 8293-045-
008 and 8293-045-009 Hereinafter in this Resolution, the subject
application shall be referred to as the "Application," and the proposed
development as the
It
2. The applicant has specifically requested the City to approve Amendments
to Development Agreement No. 2004-01 concerning terms and conditions
of the development of the residential and commercial components of the
Diamond Bar Village on the Property.
3. On June 17, 2005, notification of the public hearing for this application was
provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin
newspapers. Furthermore, public hearing notices were mailed to
approximately 552 property owners of record within a 700 -foot radius of
the project. Furthermore, the project site was posted with a required
display board and public notices were posted in three public places.
4. The Community and Development
endment No. 1 Services e
partment has determined
that the proposed Am to t eDevelopment Agreement
represents a consistent, logical, appropriate and rational implementing tool
that furthers the goals and objectives of the City General Plan and it is in
the public interest.
5. On June 28, 2005, the Planning Commission of the City of Diamond Bar
conducted and concluded a public hearing on the Application.
6. The documents and other materials constituting the administrative record
of the proceedings upon which the City's decision is based are located at
the City of Diamond Bar, Department of Community and Development
Services, Planning Division, 21825 Copley Drive, Diamond Bar, CA
91765.
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 I of this Resolution are true and correct.
2. Based on the findings and conclusions set forth herein, the Planning
Commission hereby finds and recommends that the City Council approve
Amendment No. 1 to Development Agreement No. 2004-01 as outlined
within Exhibit "A" attached to this Resolution.
3. California Environmental Quality Act (CEQA): The Addendum for
Diamond Bar Village, which is an addendum to the Medical Plaza and
Revitalization EIRs, considers potential environmental impacts of Diamond
Bar Village and the Specific Plan and meets all requirements for
compliance with CEQA.
4. The Planning Commission does hereby recommend to the City Council
approval of the proposed Amendment No. 1 to Development Agreement
No. 2004-01, with finalization and execution by the City Manager, based
on the following findings, as required by 22.62.030(e) of the Municipal
Code and in conformance with California Government Code
Section 65864 et seq.:
a. Amendment No. I to Development Agreement would be in the best
interest of the City.
b. Amendment No. 1 to Development Agreement No. 2004-01
implements the proposed Diamond Bar Village project and will
provide certainty to the City and the Applicant regarding the
development time table, impact fees, applicable ordinances, overall
development standards._ and-. similar matters. Because of this, the
Agreement is in the best interest of the City and its residents.
2
71-N
C. The amendment to the Development Agreement is consistent with
the General Plan, any applicable Specific Plan and the
Development Code. The subject of the amendment to
Development Agreement 2004-01 is consistent with the General
Plan and meets all applicable standards of the Development Code.
The administrative record and findings of this Resolution
demonstrate conformance with City requirements.
d. Amendment No. I to Development Agreement would promote the
public interest and welfare of the City. Development Agreement
No. 2004-01 implements this development plan and thus promotes
the public interest and welfare.
e. The proposed amendment to the Development Agreement,
prepared in accordance with Government Code Section 65864
et seq., and Chapter 22.62 of the Development Code establishes a
mutually beneficial agreement between the City and the applicant
setting forth obligations and benefits to the City and the developer.
5. The Planning Commission does' hereby recommend to the City Council
that Amendment No. 1 to Development Agreement No. 2004-01 attached
as Exhibit A and incorporated herein by reference.
The Planning Commission shall:
(1) Certify to the adoption of this Resolution; and
(2) Forthwith transmit a certified copy of this Resolution to the City
Council forthwith.
APPROVED AND ADOPTED THIS 28TH DAY OF JUNE 2005, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
Joe McManus, Chairman
3
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 28th day of June 2005, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
James DeStefano, Secretary
El
Recorded at request of
Clerk, City Council
City of Diamond Bar
When recorded return to
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Attention: City Clerk
6/7/05 Draft
Redlined Against 5111105 Draft
June 22, 2005 Draft
EXHIBIT "A"
Exem t from --j- - Fees Gov. Code -section 6103
DIAMOND BAR VILLAGE
AMENDMENT NO. I TO DEVELOPMENT AGREEMENT NO. 2004-01
between
CITY OF DIAMOND BAR
a California municipal corporation
M11
LEWIS-DIAMOND BAR, LLC,
a Delaware limited liability company
("Developer")
AMENDMENT NO. I TO DEVELOPMENT AGREEMENT
("Amendment")
This Amendment is dated this day of , 2005 for reference
purposes and amends that certain Development Agreement effective August 7, 2004, (the
"Development Agreement") by and between the City of Diamond Bar (hereinafter "CITY"), and
Lewis -Diamond Bar, LLC, a Delaware limited liability company (hereinafter "DEVELOPER").
All capitalized terms shall have the meanings given those terms in the Development Agreement
unless otherwise defined herein.
RECITALS
WHEREAS, DEVELOPER has requested CITY to amend the Development Agreement
and the CITY has conducted all proceedings required to amend the Development Agreement in
accordance with the DA Laws and all other rules and regulations of CITY; and
WHEREAS, the terms and conditions of this Amendment have undergone review by
CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, all actions taken and approvals given by CITY for this Amendment have
been duly taken and approved in accordance with all applicable legal requirements for notice,
public hearings, findings, votes, and other procedural matters.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual
covenants hereinafter contained and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties agree to amend the
Development Agreement as follows:
Section 4.2.1, City Traffic Fee, and Schedule 3, are amended as follows: DEVELOPER
and CITY agree that the "fair share" cost of the traffic improvements allocable to the
Property and Annexable Property as set forth on Schedule 3 'and the timing for payment
are:
$233,604.50 Residential -- prior to the issuance of
the first certificate of occupancy
$964,323.50 Commercial -- prior to the issuance
of the certificate of occupancy for the Commercial
Anchor
2. - Section 4.4.1, Residential Fees, is deleted and the following inserted in place thereof:
4.4.1 Residential Fees. DEVELOPER agrees to pay to the CITY development
agreement fees in the total amount of $2,000,000 at the issuance of certificates of
occupancy for each DU in the Project as follows:
$ 10,000 per DU for the first 60 DUs = $600,000
$11,000 per DU for the second 60 DU's = $660,000
$12,333 per DU for the final 60 DUs = $740,000
If less than one hundred eighty (180) DU's are developed by DEVELOPER, the amount
equal to the difference between $2,000,000 and the total amount of Residential Fees paid
as of the date the final certificate of occupancy is issued by City for the'Project, shall be
paid concurrent with City's issuance of that final certificate of occupancy. The City may
use the Residential Fees for any purpose permitted by the City's Municipal Code and any
other applicable laws.
3. Section 4.5, Commercial Fee, is amended by extending the dates (i) for commencement
of construction of the Commercial Anchor from June 1, 2005 to September 1, 2005, and
(ii) for opening of the Commercial Anchor to the general public from April 2006 to
October 2006. City agrees to cooperate with DEVELOPER, at no cost to City, to amend
the Letter of Credit as necessary to provide for these extensions.
4. CITY acknowledges and agrees that in furtherance of Section 4.5 of the Development
Agreement and consistent with the Development Plan for the Project, Target Corporation
("Target") filed its applications for Conditional Use Permit No. 2005-03 and
Development Review No. 2005-16 (collectively the "Target Development Application")
which was approved by the CITY by Planning Commission Resolution No. 2005-18 on
April 26, 2005 (the "Target Resolution"). CITY further acknowledges that Target and
DEVELOPER will be processing (i)a Boundary Line Adjustment in the form of
Exhibit "A" to this Amendment to create the final boundaries of the Annexable Property
(as set forth in Exhibit "B" of the Development Agreement) and of the Commercial
Component within the Annexable Property under Section 4.5.1 of the Development
Agreement, and (ii) a parcel map to create the two (2) retail pads fronting Golden Springs
Drive and the remainder parcel of the Commercial Component to be developed by Target
as the Commercial Anchor all as identified in the Target Development Application (the
Parcel Map"). CITY agrees that no Development Exactions or Development Impact
Fees other than those set forth in the Target Resolution or Development Agreement shall
be imposed by CITY as conditions on the BLA or Parcel Map. CITY acknowledges that
this covenant is material to the decision of Target to proceed with the acquisition and
development of the Annexable Property and Commercial Component.
5. Except as amended above, the Agreement shall remain in full force and effect.
IN WITNESS WBEREOF, the parties hereto have executed this Agreement on the day
and year set forth below.
Dated:
Dated:
LEWIS-DIAMOND BAR, LLC
a Delaware limited liability company
By: LEWIS INVESTMENT COMPANY, LLC,
a California limited liability company
Its Managing Member
By: LEWIS OPERATING CORP.,
a California corporation — sole manager
Name:
Title:
"CITY"
By:
Name:
Title:
Exhibit A — Boundary Line Adjustment
STATE OF CALIFORNIA )
ss.
COUNTY OF
On before me, , a Notary Public in and for
said county and state; personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
) ss.
On before me, , a Notary Public in and for
said county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
This page is part of your document- Do NOT DISCARD
RECORDEDIFILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
05/23105 AT 08:00am
TITLE(S)
A
L E A D S H E E T
D.T.T
FEE
M FFk-EE
.E
CODE
20
CODE
19
CODE
9
Assessor's Identification Number (AIN) black ink.
To be completed by Examiner OR Title Company in
THIS FORM NOT TO BE DUPLICATED
Number of AIN's.Shown
Recorded at request of
Clerk, City Council
City of Diamond Bar
When recorded return to
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Attention: City Clerk
- �/�c��5�'�'X �� Exempt from Filine Fees Gov Code section 6103
DIAMOND BAR VILLAGE
DEVELOPMENT AGREEMENT NO. 2004-01
A STATUTORY DEVELOPMENT AGREEMENT
between
CITY OF DIAMOND BAR
a California municipal corporation
Q)
and
LEWIS-DIAMOND BAR, LLC,
r.,
a Delaware limited liability company
`' ("Developer")
DEVELOPMENT AGREEMENT
This Development Agreement (hereinafter "Agreement") is entered into effective on the
Effective Date (defined below) by and between the City of Diamond Bar (hereinafter "CITY"), and
Lewis -Diamond Bar, LLC, a Delaware limited liability company (hereinafter "DEVELOPER"):
RECITALS
WHEREAS, CITY is authorized to enter into binding development agreements with persons
having legal or equitable interests in real property for the development of such property, pursuant to
Section 65864, et seg. of the Government Code and Chapter 22.62 of the City's Municipal Code
(collectively the "DA Laws"); and
WHEREAS, DEVELOPER, as of the Effective Date, owns the real property which is the
subject of this Agreement (the "Property") and has an option to acquire certain additional real
property which may be annexed into this Agreement at a later date -and made a part of the Property
(the "Arinexable Property"); and
WHEREAS, DEVELOPER has requested CITY to enter into a development agreement and
proceedings have been taken in accordance with the DA Laws and all other rules and regulations of
CITY; and
WHEREAS, all of the rights and benefits of the Agreement shall inure to the benefit of the
Property and to DEVELOPER.
WHEREAS, by electing to enter into this Agreement, CITY shall bind future City Councils
of CITY by the obligations specified herein and limit the future exercise of CITY's ability to
regulate development on the Property; and
WHEREAS, the terms and conditions of this Agreement have undergone extensive review by
CITY and the City Council and have been found to be fair, just and reasonable; and
WHEREAS, the best interests of the citizens of the City of Diamond Bar and the public
health, safety and welfare will be served by entering into this Agreement; and
WHEREAS, all of the procedures of the California Environmental Quality Act have been met
with respect to the Project and the Agreement, including the subsequent annexation of the Annexable
Property (as defined herein); and
WHEREAS, this Agreement and the Project are consistent with the Diamond Bar General
Plan and any Specific Plan applicable thereto; and
WHEREAS, all actions taken and approvals given by CITY have been duly taken or
approved in accordance with all applicable legal requirements for notice, public hearings, findings,
votes, and other procedural matters; and
WHEREAS, development of the Property in accordance with this Agreement will provide
substantial benefits to CITY and will further important policies and goals of CITY; and
WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the
orderly development of the Property, ensure progressive installation of necessary improvements,
provide for public ser -vices appropriate to the development of the Property, and generally serve the
purposes for which development agreements under the DA Laws are intended; and
WHEREAS, DEVELOPER has incurred and will in the future incur substantial costs in
excess of the generally applicable requirements in order to assure vesting of legal rights to develop
C,
the Property in accordance with this Agreement.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual covenants
hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:
1. DEFINITIONS AND EXHIBITS.
1.1 Definitions. The following terms when used in this Agreement shall be defined as
follows:
1.1.1 "Agreement" means this Development Agreement.
1.1.2 "Annex able Property" means the real property described on Exhibit "A-2" and
shown as a portion of Planning Area I on Exhibit "B".
1.1.3 "CITY" means the City of Diamond Bar, a municipal corporation and general
law city.
1.1.4 "City Council" means the City Council of the CITY.
1.1.5 "Condominium" means an estate in real property as defined in Civil Code
Sections 783 and 1351(f); Condominium units as defined in Civil Code Section 135 1 (f) are DU's as
defined in this Agreement.
1.1.6 "Current Development Approvals" mean all Development Approvals
approved or issued prior to the Effective Date. Current Development Approvals includes the
Approvals incorporated herein as Exhibit "C" and all other Development Approvals that are a matter
of public record on the Effective Date.
1.1.7 "Development" means the improvement of the Property for the purposes -of
completing the structures, improvements and facilities comprising the Project including, but not
I
limited to: grading; the construction of infrastructure and public and private facilities related to the
Project whether located within or outside the Property; the construction of buildings and structures;
and the installation of landscaping. "Development" does not include the maintenance, repair,
reconstruction or redevelopment of any building, structure, improvement or facility after the
construction and completion thereof.
1.1.8 "Development Approvals" mean all permits and other entitlements for use
subject to approval or issuance by CITY in connection with development of the Property including,
but not limited to:
(a) specific plans and specific plan amendments;
(b) tentative and final subdivision and parcel maps;
(c) conditional use permits and site plans;
(d) zoning;
(e) design review approvals; and
(� grading and building permits.
1.1.9 "Development Exaction" means any requirement of CITY in connection with
or pursuant to any Land Use Regulation or Development Approval for the dedication of land, the
construction of improvements or public facilities, or the payment of fees in order to lessen, offset,
mitigate or compensate for the impacts of development on the environment or other public interests.
1.1.10 "Development Impact Fee" means a monetary exaction other than a tax or
special assessment, whether established for a broad class of projects by legislation of general
applicability or imposed on a specific project on an ad hoc basis, that is charged by a local agency to
the applicant in connection with approval of a development project for the purpose of defraying all or
a portion of the cost of public facilities related to the development project, but does not include fees
specified in Government Code Section 66477; fees collected by CITY for other public agencies other
than the CITY, fees for processing applications for governmental regulatory actions or approvals,
fees collected under development agreements adopted pursuant to Article 2.5 (commencing with
Section 65864 of Chapter 4 of the Government Code), or fees collected pursuant to agreements with
redevelopment agencies which provide for the redevelopment of property in furtherance or for the
benefit of a redevelopment project for which a redevelopment plan has been adopted pursuant to the
Community Redevelopment Law (Part 1 (commencing with Section 33000) of Division 24 of the
Health and Safety Code). "Development Impact Fee" expressly excludes processing fees and charges
of every kind and nature imposed by CITY to cover the estimated actual costs to CITY of processing
applications for Development Approvals or for monitoring compliance with any Development
Approvals granted or issued, including, without limitation, fees for zoning variances; zoning
changes; use permits; building inspections; building permits; filing and processing applications and
petitions filed with the local agency formation commission or conducting preliminary proceedings or
proceedings under the Cortese -Knox -Hertzberg Local Government Reorganization Act of 2000,
Division 3 (commencing with Section 56000) of Title 5 of the Government Code; the processing of
5123105
maps under the provisions of the Subdivision Map Act, Division 2 (commencing with Section
66410) of Title 7 of the Government Code; or planning services under the authority of Chapter 3
(commencing with Section 65100) of Division 1 of Title 7 of the Government Code, fees and
charges as described in Sections 51287, 56383, 57004, 65104, 65456, 65863.7, 65909.5, 66.013,
66014, and 66451.2 of the Government Code, Sections 17951, 19132.3, and 19852 of the Health and
Safety Code, Section 41901 of the Public Resources Code, and Section 21671.5 of the Public
Utilities Code, as such codes may be amended or superceded, including by amendment or
replacement.
1.1.11 "Development Plan" means the Current Development Approvals and the
Existing Land Use Regulations applicable to development of the Property.
1.1.12 "DEVELOPER" means Lewis -Diamond Bar, LLC, and its successor in
interest to all or any part of the Property.
1.1.13. "DU's" means single-family and Condominium/townhouse residential
dwelling units, including detached and attached units for sale to the general public but do not include
residential units developed for rental purposes.
1.1.14 "Effective Date" means the date that is 31 days following the date that this
Agreement is approved by the City by final action of the City Council.
1.1.15 "EIR Addendum" means that certain Addendum to Environmental Impact
Report Nos. SCH No. 91121027 and 96111047 as described in Exhibit "C" attached hereto.
1.1.16 "Existing Land Use Regulations" mean all Land Use Regulations in effect on
the Effective Date. Existing Land Use Regulations include the Regulations incorporated herein as
Exhibit "D" and all other Regulations that are a matter of public record on the Effective Date.
1.1.17 "Land Use Regulations" mean all ordinances, resolutions, codes, rules,
regulations and official written policies of CITY governing the development and use of land,
including, without limitation, the permitted use of land, the density or intensity of use, subdivision
requirements, the maximum height and size of proposed buildings, the provisions for reservation or
dedication of land for public purposes, and the design, improvement and construction standards and
specifications applicable to the development of the property, as modified or supplemented by the
Current Development Approvals. "Land Use Regulations" does not include any CITY ordinance,
resolution, code, rule, regulation or official policy, governing:
(a) the conduct of businesses, professions, and occupations;
(b) taxes and assessments;
(c) the control and abatement of nuisances;
(d) the granting of encroachment permits and the conveyance of rights and
interests that provide for the use of or the entry upon public property; or
•;
1
(e) the exercise of the power of eminent domain.
1.1.18 "Lot" means a legal subdivided lot.
1.1.19 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of
trust or any other security -device lender, and their successors and assigns.
1.1.20 "Project" means the development of the Property as contemplated by the
Development Plan as such Plan may be further defined, enhanced or modified pursuant to the
provisions of this Agreement.
1.1.21 Property means the real property described on Exhibit "A-1" and shown as
Planning Areas 2, 3, and 4 on Exhibit "B" to this Agreement. The Property shall include the
"Annexable Property" upon recordation of a Notice of Annexation by Developer in the form of
Exhibit "A-3".
1.1.22 "Reservations of Authority means the rights and authority excepted from the
assurances and rights provided to DEVELOPER under this Agreement and reserved to CITY under.
Section 3.6 of this Agreement.
1. 1.23 "Specific Plan" means the Diamond Bar Village Specific Plan No. 2004-01
approved June 29, 2004 by the City, Ordinance No. 03(2004).
1.1.24 "Subsequent Development Approvals" means all Development Approvals
approved by the City subsequent to the Effective Date in connection with development of the
Property.
1.1.25 "Subsequent Land Use Regulations" means any Land Use Regulations adopted
and effective after the Effective Date of this Agreement.
1.2 Exhibits. The following documents are attached to, and by this reference made apart
of, this Agreement:
Exhibit "A-1" -- Legal Description of Property.
Exhibit "A-2" - Description of Annexable Property
Exhibit "A-3" — Notice of Annexation
Exhibit "B" -- Map of Specific Plan Area
Exhibit "C" -- Current Development Approvals.
Exhibit "D" -- Existing Land Use Regulations.
Exhibit "E" — Grand Avenue Improvements.
Exhibit "F-1" — Commercial Component Description
Exhibit 7-2" — Letter of Credit Form
Schedule 1 — List of Pre -Approved Developers
Schedule 2 — Entitlement Processing Schedule
Schedule 3 — Project Impact Fees
G3ee iJOHA iQ iC4
5123105
2. GENERAL PROVISIONS.
2.1 Binding Effect of Agreement. The Property is hereby made subject to this Agreement.
Development of the Property is hereby authorized and shall be carried out only in accordance with
the terms of this Agreement.
2.2 Ownership/Option. DEVELOPER represents and covenants that, as of the Effective
Date, it is the owner of the fee simple title to the Property and has an agreement to purchase the
Annexable Property. The Annexable Property is not owned or controlled by DEVELOPER and is
not a part of this Agreement; provided CITY and DEVELOPER agree that if DEVELOPER acquires
title to the Annexable Property, DEVELOPER agrees (i) to record a Notice of Annexation to annex
that Annexable Property into this Agreement within thirty (30) days after its acquisition of title to the
Annexable Property, (ii) that the Annexable Property will be developed by DEVELOPER consistent
with the Specific Plan and this Agreement; (iii) that the annexation of the Annexable Property is not
a discretionary act and is not a project within the meaning of CEQA, and (iv) that the environmental
consequences of annexing the Annexable Property have been evaluated in the Addendum. In the
event DEVELOPER fails to record the Notice. of Annexation within the aforementioned 30 -day
period, the CITY shall have the unilateral right to execute and record that Notice of Annexation
without DEVELOPER's signature on the Notice.
2.3 Term. The term of this Agreement shall commence on the Effective Date and shall
continue for a period of five (5) years thereafter. This Agreement shall be void and of no force and
effect if DEVELOPER is not the owner of fee simple title to the Property as of the Effective Date.
2.4 Assignment.
2.4.1 Right to Assign. DEVELOPER shall have the right to sell, transfer or assign
the Property in whole or in part (provided that no such partial transfer shall violate the Subdivision
Map Act, Government Code Section 66410, et to anyperson, partnership, joint venture, firm or
corporation at any time during the term of this Agreement; provided, however, that any such sale,
transfer or assignment shall include the assignment and assumption of the rights, duties and
obligations arising under or from this Agreement and be made in strict compliance with the
following conditions precedent:
(a) No sale, transfer or assignment of any right or interest under this Agreement
shall be made unless made together with the sale, transfer or assignment of all or a part of the
Property.
(b) Concurrent with any such sale, transfer or assignment, or within fifteen (15)
business days thereafter, DEVELOPER shall notify CITY, in writing, of such sale, transfer or
assignment and shall provide CITY with an executed agreement, in a form reasonably acceptable to
CITY, by the purchaser, transferee or assignee and providing therein that the purchaser, transferee or
assignee expressly and unconditionally assumes all the duties and obligations of DEVELOPER
under this Agreement.
•
12310 5
r..,.
Any sale, transfer or assignment not made in strict compliance with the foregoing
conditions shall constitute a default by DEVELOPER under this Agreement. Notwithstanding the
failure of any purchaser, transferee or assignee to execute the agreement required by Paragraph (b) of
this Subsection 2.4.1, the burdens of this Agreement shall be binding upon such purchaser, transferee
or assignee, but the benefits of this Agreement shall not inure to such purchaser, transferee or
assignee until and unless such agreement is executed, and the CITY approves of such purchaser,
transferee, or assignee, which approval shall not be unnecessarily withheld so long as the
requirements for Release of DEVELOPER are met in Section 2.4.2 below.
2.4.2 Release of DEVELOPER. Notwithstanding any sale, transfer or assignment,
DEVELOPER shall continue to be obligated under this Agreement as to that portion of the Property
sold, transferred or assigned unless DEVELOPER is given a release in writing by CITY, which
release shall be provided by CITY upon the full satisfaction by DEVELOPER of the following
conditions:
(a) DEVELOPER no longer has a legal or equitable interest in all or any part of
the Property sold;
(b) DEVELOPER is not then in default under this Agreement;
(c) DEVELOPER has provided CITY with the notice and executed agreement
required under Paragraph (b) of Subsection 2.4.1 above;
(d) The purchaser, transferee or assignee provides CITY with security equivalent
to any security previously provided by DEVELOPER to secure performance of its obligations.
hereunder; and
(e) The purchaser, transferee, or assignee is a merchant home builder of DUs
and/or a developer of commercial/retail/office projects generally recognized by the Southern
California Building Industry Association as a quality, financially sound, developer, such as those
developers listed in Schedule 1 attached hereto.
2.4.3 Subsequent Assignment. Any subsequent sale, transfer or assignment after an
initial sale, transfer or assignment shall be made only in accordance with and subject to the terms and
conditions of this Section.
2.4.4 Partial Release of Purchaser Transferee or Assignee of Lot. A purchaser,
transferee or assignee of a Lot, that has been finally subdivided as provided for in the Development
Plan and for which a site plan for development of the Lot has been finally approved pursuant to the
Development Plan, may submit a request, in writing, to CITY to release said Lot from the obligations
under this Agreement relating to all other portions of the Property. Within thirty (30) days of such
request, CITY shall review, and if the above site pian condition is satisfied shall approve the request
for release and notify the purchaser, transferee or assignee in writing thereof. No such release
approved pursuant to this Subsection 2.4.4 shall cause, or otherwise effect, a release of
DEVELOPER from its, duties and obligations under this Agreement as to the remainder of the
Property (exclusive of such Lot).
2.4.5 Termination of Agreement With Respect to Individual Lots Upon Sale to
Public and Completion of Construction. The restrictions and requirements of Subsection 2.4.1 shall
not apply to the sale or lease (for a period longer than one year) of any (i) Lot that has been finally
subdivided and/or any (ii) Condominium unit that is described on a condominium plan approved by
the City as defined in Civil Code Section 1351(e) (the "Condominium Plan") individually (and not in
"bulk") to a member of the public or other ultimate user. Notwithstanding any other provisions of
this Agreement, this Agreement shall terminate with respect to any Lot or Condominium unit and
such Lot or Condominium unit shall be released and no longer be subject to this Agreement without
the execution or recordation of any further document upon satisfaction of both of the following
conditions:
(a) The Lot has been finally subdivided and individually (and not in "bulk") sold
or leased (for a period longer than one year) to a member of the public or other ultimate user;
(b) The Condominium unit is described on a Condominium Plan approved by the
City and individually (and not in bulk) sold or leased (for a period longer than one year) to a member
of the public or other ultimate user; and,
(c) A final certificate of occupancy or similar certificate has been issued for a
building on the Lot or for the Condominium unit, and the fees set forth under Section 4 of this
Agreement have been paid.
2.5 Amendment or Cancellation of Agreement. This Agreement may be amended or
cancelled in whole or in part only by written consent of all parties or their respective successors or
assigns with respect to their respective portions of the Property in the manner provided for in
Government Code Section 65868. This provision shall not limit any remedy of CITY or
DEVELOPER as provided by this Agreement.
2.6 Termination. This Agreement shall be deemed terminated and of no further effect
upon the occurrence of any of the following events:
(a) Expiration of the stated term of this Agreement as set forth in Section 2.3.
(b) Entry of a final judgment setting aside, voiding or annulling the adoption of
the ordinance approving this Agreement.
(c) The adoption of a referendum measure overriding or repealing the ordinance
approving this Agreement.
(d) Completion of the Project in accordance with the terms of this Agreement,
including, without limitation, issuance of all required occupancy permits and acceptance by CITY or
applicable public agency of all required dedications.
Termination of this Agreement, except for termination under Section 7.4, shall not
constitute termination of any other land use entitlements approved for the Property. Except as
provided in Section 4, upon the termination of this Agreement, no party shall have any further right
or obligation hereunder except with respect to any obligation to have been performed prior to such
termination or with respect to any default in the performance of the provisions of this Agreement that
has occurred prior to such termination or with respect to any obligations that are specifically set forth
as surviving this Agreement.
2.7 Notices.
(a) As used in this Agreement, "notice" includes, but is not limited to, the
communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver,
appointment or other communication required or permitted hereunder.
(b) All notices shall be in writing and shall be considered given either: (i) when
delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return
receipt, after deposit in the United States mail in a sealed envelope as either registered or certified
mail with return receipt requested, and postage and postal charges prepaid, and addressed to the
recipient named below; or (iii) on the date of delivery shown in the records of the telegraph company
after transmission by telegraph to the recipient named below. All notices shall be addressed as
follows:
If to CITY:
City of Diamond Bar
21825 Copley Drive
Diamond Bar, CA 91765
Attention: City Manager
with a copy to:
Jenkins & Hogin
1230 Rosecrans Ave., Suite 110
Manhattan Beach, CA 90266
Attn: Michael Jenkins, Esq.
If to DEVELOPER:
Lewis -Diamond Bar, LLC
Attn: John M. Goodman
P. O. Box 670
Upland, CA 91785-0670
1156 N. Mountain Avenue
Upland, CA 91786-3633
512310 5
with a copy to:
Lewis Operating Corp.
Attn: W. Bradford Francke, Esq.
P. O. Box 670
Upland, CA 91785-0670
1156 N. Mountain Avenue
Upland, CA 91786-3633
(c) Either party may, by notice given at any time, require subsequent notices to be
given to another person or entity, whether a party or an officer or representative of a party, or to a
different address, or both. Notices given before actual receipt of notice of change shall not be
invalidated by the change.
3. DEVELOPMENT OF THE PROPERTY.
3.1 Rights to Develop. Subject to the terms of this Agreement including the Reservations
of Authority, DEVELOPER shall have a vested right to develop the Property in accordance with, and
to the extent of, the Development Plan. The Project shall remain subject to all Subsequent
Development Approvals required to complete the Project as contemplated by the Development Plan.
Except as otherwise provided expressly in this Agreement, the permitted uses of the Property, the
density and intensity of use, the maximum height and size of proposed buildings, the design,
improvement, and construction standards applicable to development of the Property, and provisions
for reservation and dedication of land for public purposes and Development Exactions shall be those
set forth in the Development Plan. Without limiting the foregoing, CITY and DEVELOPER agree
that the maximum density permitted for the Property is 200 DUs as provided in the Specific Plan,
3.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided
expressly under the terms of this Agreement including the Reservations of Authority, the rules,
regulations and official policies of the City governing permitted uses of the Property, the density and
intensity of use of the Property, the maximum height and size of proposed buildings, and the design,
improvement and construction standards and specifications applicable to development of the
Property shall be the Existing Land Use Regulations as modified by the Specific Plan and as
reflected in the other Current Development Approvals. In connection with any Subsequent
Development Approval, CITY shall exercise its discretion in accordance with the Development Plan,
and as provided by this Agreement. including, but not limited to, the Reservations of Authority. CITY
shall accept for processing, review and action all applications for Subsequent Development
Approvals, and such applications shall be processed in the normal manner for processing such
matters, provided CITY shall use its best efforts to comply with the processing schedule attached
hereto as Schedule 1.
3.3 Timing of Development. The parties acknowledge that DEVELOPER cannot at this
time predict when or the rate at which phases of the Property will be developed. Such decisions
depend upon numerous factors that are not within the control of DEVELOPER, such as market
orientation and demand, interest rates, absorption, completion and other similar factors. Since the
California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1980 37 Cal.3d
11 05 11983.2
465, that the failure of the parties therein to provide for the timing of development resulted in a later
adopted initiative restricting the timing of development to prevail over such parties' agreement, it is
the parties' intent to cure that deficiency by acknowledging and providing that DEVELOPER shall
have the right to develop the Property in such order and at such rate and at such times as
DEVELOPER, in its sole and absolute discretion deems appropriate, subject only to any timing or
phasing requirements set forth in the Development Plan.
3.4 Phasing Plan. Development of the Property shall be subject to all timing and phasing
requirements established by the Development Plan.
3.5 Changes and Amendments. The parties acknowledge that development of the Project
will require Subsequent Development Approvals and may include changes that are appropriate and
mutually desirable in the Current Development Approvals. In the event DEVELOPER finds that a
change in the Current Development Approvals is necessary or appropriate, DEVELOPER shall apply
. for a Subsequent Development Approval to effectuate such change and CITY shall process and act
on such application in accordance with the Existing Land Use Regulations, except as other -wise
provided by this Agreement, including, without limitation, the Reservations of Authority. If
approved, any such change in the Current Development Approvals shall be incorporated herein as an
addendum to Exhibit "C", and may be further changed from time to time as provided in this Section.
Unless otherwise required by law, as determined in CITY's reasonable discretion, a change to the
Current Development Approvals shall be deemed "minor" and not require an amendment to this
Agreement but instead require only the approval of the City Manager (or its designee) provided such
change does not:
(a) Alter the permitted uses of the Property as a whole; or,.
(b) Increase the density or intensity of use of the Property as a whole; or,
(c) Increase the maximum height of permitted buildings; or,
(d) Delete a requirement for the reservation or dedication of land for public
purposes within the Property as a whole or modify the Development Exactions; or,
(e) Constitute a project requiring a subsequent or supplemental environmental
impact report pursuant to Section 21166 -of the Public Resources Code; or
(f) Pen -nit material changes to the architecture, design, or materials provided for
in the Current Development Approvals or Subsequent Development Approvals for the Project; or
(g) Extend the term of this Agreement; or
(h) Reduce the benefits to the CITY or Development Exactions provided for in
this Agreement.
3.6 Reservations of Authority.
3.6.1 Limitations Reservations and Exceptions. Notwithstanding any other
provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the
development of the Property.
(a) Processing fees and charges of every kind and nature imposed by CITY to
cover the estimated actual costs to CITY of processing applications for Development Approvals or
for monitoring compliance with any Development Approvals granted or issued.
(b) Procedural regulations relating to hearing bodies, petitions, applications,
notices, findings, records, hearings, reports, recommendations, appeals and any other matter of
procedure.
(c) Regulations governing construction standards and specifications including
without limitation, the CITY's Building Code, Plumbing Code, Mechanical Code, Electrical Code,
Fire Code and Grading Code that are applied uniformly and on a City-wide basis to all development
projects of a similar type as the Project.
(d) Regulations imposing Development Exactions except as set forth in this
Agreement; provided, however, that no such subsequently adopted Development Exaction shall be
applicable to development of the Property unless such Development Exaction is applied uniformly to
development, either throughout the CITY or within a defined area of benefit that includes the
Property. No such subsequently adopted Development Exaction shall apply if its application to the
Property would prevent or increase the cost of development of the Property for the uses and to the
density or intensity of development set forth in the Development Plan. In the event any such
subsequently adopted Development Exaction fulfills the same purposes, in whole or in part, as the
fees set forth in Section 4 of this Agreement, CITY shall allow a credit against such subsequently
adopted Development Exaction for the fees paid under Section 4 of this Agreement to the extent
such fees fulfill the same purposes.
(e) Regulations that maybe in conflict with the Development Plan but that are
reasonably necessary to protect the public health and safety of the residents of the Project or
immediate community. To the extent possible, any such regulations shall be applied and construed so
as to provide DEVELOPER with all of the rights and assurances provided under this Agreement.
(f) Regulations that are not in conflict with the Development Plan. Any
regulation, whether adopted by initiative or otherwise, limiting the rate or timing of development of
the Property shall be deemed to conflict with the Development Plan and shall therefore not be
applicable to the development of the Property.
(g) Regulations that are in conflict with the Development Plan provided
DEVELOPER has given written consent to the application of such regulations to development of the
Property.
and/or fees, includingRegulations
b t nolimitedtt franchiose se fees or1bus business ax sldupon all residents e taxes. nor
13 � 1198312
nonresidential users (commercial or industrial) of real property in the CITY similar to the DUs or the
Commercial Component but not including any Development Exaction or other fee designed to
mitigate the impacts of the development of the Project..
3.6.2 Subsequent Development Approvals. This Agreement shall not prevent CITY,
in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations
that do not conflict with the Development Plan, nor shall this Agreement prevent CITY from denying
or conditionally approving any Subsequent Development Approval on the basis of the Existing Land
Use Regulations or any Subsequent Land Use Regulation not in conflict with the Development Plan.
Without limiting the foregoing, DEVELOPER acknowledges that nothing in this Agreement limits
the right of the City to conduct design review in accordance with its Existing Land Use Regulations
prior to issuing any building permits for improvements on the Property. DEVELOPER further
acknowledges that such design review may result in modifications to the conceptual elevations and
site plans included in the Specific Plan.
3.6.3 Modification or Suspension by State or Federal Law. In the event that State or
Federal laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude
compliance with one or more of the provisions of this Agreement, such provisions of this Agreement
shall be modified or suspended as may be necessary to comply with such State or Federal laws or
regulations, provided; however, that this Agreement shall remain in full force and effect to the extent
it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not
render such remaining provisions impractical to enforce.
3.6.4 Intent. The parties acknowledge and agree that CITY is restricted in its
authority to limit its police power by contract and that the foregoing limitations, reservations and
exceptions are intended to reserve to CITY all of its police power that cannot be so limited. This
Agreement shall be construed, contrary to its stated terms if necessary, to reserve to CITY all such
power and authority that cannot be restricted by contract.
3.7 Public Works. If DEVELOPER is required by this Agreement to construct any
improvements that will be dedicated to CITY or any other public agency upon completion, and if
required by applicable laws to do so, DEVELOPER shall perform such work in the same manner and
subject to the same requirements as would be applicable to CITY or such other public agency should
it have undertaken such construction.
3.8 Provision of Real Property Interests by CITY. In any instance where DEVELOPER is
required to construct any public improvement on land not owned by DEVELOPER, DEVELOPER
shall at its sole cost and expense provide or cause to be provided, the real property interests
necessary for the construction of such public improvements. In the event DEVELOPER is unable,
after exercising commercially reasonable efforts, for a period of ninety (90) days, to acquire the real
property interests necessary for the construction of such public improvements, and if so instructed by
DEVELOPER and upon DEVELOPER'S provision of adequate security for costs CITY may
reasonably incur, CITY shall negotiate the purchase of the necessary real property interests to allow
DEVELOPER to construct the public improvements as required by this Agreement and, iffiecessary,
in accordance with the procedures established by law, use its power of eminent domain to acquire
such required real property interests. DEVELOPER shall pay all costs associated with such
5123105
acquisition or condemnation proceedings. This Section 3.8 is not intended by the parties to impose
upon the DEVELOPER an enforceable duty to acquire land or construct any public improvements on
land not owned by DEVELOPER, except to the extent that the DEVELOPER elects to proceed with
the development of the Project, and then only in accordance with valid conditions consistent with the
Development Plan imposed by the CITY upon the development of the Project under the Subdivision
Map Act or other legal authority.
3.9 Regulation by Other Public Agencies. It is acknowledged by the parties that other
public agencies not within the control of CITY possess authority to regulate aspects of the
development of the Property separately from or jointly with CITY and this Agreement does not limit
the authority of such other public agencies.
3.10 Tentative Tract Map Extension. Notwithstanding the provisions of Section 66452.6 of
the Government Code, no tentative subdivision map or tentative parcel map, heretofore or hereafter
approved in connection with development of the Property, shall be granted an extension of time
except in accordance with the Existing Land Use Regulations.
3.11 Vesting Tentative Maps. If any tentative or final subdivision map, or tentative or final
parcel map, heretofore or hereafter approved in connection with development of the Property, is a
vesting map under the Subdivision Map Act (Government Code Section 66410, et seg.) and if this
Agreement is determined by a final judgment to be invalid or unenforceable insofar as it giants a
vested right to develop to DEVELOPER, then and to that extent the rights and protections afforded
DEVELOPER under the laws and ordinances applicable to vesting maps shall supersede the
provisions of this Agreement. Except as set forth immediately above, development of the Property
shall occur only as provided in this Agreement, and the provisions in this Agreement shall be
controlling over any conflicting provision of law or ordinance concerning vesting maps.
4. PUBLIC BENEFITS.
4.1 Intent. The parties acknowledge and agree that development of the Property will result
in substantial public needs that will not be fully met by the Development Plan and further
acknowledge and agree that this Agreement confers substantial private benefits on DEVELOPER
that should be balanced by commensurate public benefits. Accordingly, the parties intend to provide
consideration to the public to balance the private benefits conferred on DEVELOPER by providing
more fully for the satisfaction of the public needs resulting from the Project. Developer's obligations
under this Section 4 shall survive any termination of this Agreement except termination under
Section 7.5.
4.2 Development Impact Fees/Traffic Fee.
4.2.1 City Traffic Fee. DEVELOPER shall pay to the City a development impact
fee (the "City Traffic Impact Fee") equal to the "fair share" cost of those traffic improvements
allocable to the Property (and allocable to the Annexable Property when annexed to this Agreement)
as determined by the Project traffic study in accordance with Government.Code Section 66000 et
seq.
1500' 0
1198312
51NIU 5
4.2.2 Time of Payment. The City Traffic Fee required pursuant to Subsection 4.2.1
for the Property (and for the Annexable Property) shall be paid to CITY on the dates set forth in
Schedule 3. During the term of this Agreement, commencing as of the Effective Date, the City
Traffic Fee shall not be increased with respect to this Project,
4.2.3 In -Lieu Construction. DEVELOPER shall be entitled to credit against the
City Traffic Fee for the construction of any of the improvements for which those fees are paid. Such
credit shall be equal to the City's program costs for such improvement(s) listed on the "Fair Share"
studies used by City to determine those fees.
4.3 Proiect Park Requirement.
4.3.1 Quimby Fees. DEVELOPER currently contemplates the construction of 200
Condominium/townhouse DU's for which DEVELOPER shall pay Quimby Act Fees in the amount
and at the times set forth in Schedule 3 attached hereto irf accordance with Chapter 21.32.040(D) of
the City's Municipal Code (the "Quimby Act Fees"). CITY agrees that the Quimby Act Fees shall
not be increased during the term of this Agreement. CITY and DEVELOPER agree that the Quimby
Act Fees were determined by using the fair market value of land located in the CITY reasonably
suitable for park purposes as mutually agreed by CITY and DEVELOPER.
4.3.2 Improvement Credits. DEVELOPER shall receive credit against the Quimby
Act Fees for any offsite park improvements or land dedications made by DEVELOPER.
4.3.3 Private Park Improvements. DEVELOPER shall design and construct private
park improvements for the exclusive use of the future residents of the DU's (the "Private Park
Improvements") of a type, size and quality reasonably approved by CITY. CITY and DEVELOPER
shall engage in good faith negotiations following execution of this Development Agreement for the
purpose of developing a conceptual design of the Private Park Improvements. DEVELOPER's
construction of the Private Park Improvements and payment of the Quimby Act Fees fully and
completely satisfies DEVELOPER's Quimby Act Fee obligation imposed against the DU's
constructed in the Project.
4.3.4 Park Credit. DEVELOPER maybe entitled to credit against the Quimby Act
Fees for the value of private open space within the Property which is improved with Private Park
Improvements for active recreational uses in accordance with Goveminent Code Section 60477(c) as
determined by the City in its reasonable discretion.
4.4 Development Agreement Fees.
4.4.1 Residential Fees. Developer agrees to pay to the CITY a development
agreement fee at the issuance of certificates of occupancy for each DU in the Project as follows:
$5,000 per DU for the first 75 DU's
$12,000 per DU for the second 75 DU's
$14,500 per DU for the final 50 DU's
MME
5JZJ/U 5
4.5 Commercial Fee.
ti
4.5.1 Commercial Anchor/Letter of Credit. DEVELOPER acknowledges that the
development of the DU's will result in fiscal impacts to the CITY by reason of the need to famish
CITY services, including, without limitation, police, fire, and utility services for which the DU's do
not generate tax revenue to offset the cost of those services. DEVELOPER intends to purchase the
Annexable Property and to develop that Property in accordance with the Specific Plan for the
commercial and retail uses described in Exhibit "F -l" attached hereto (the "Commercial
Component") that will generate significant sales tax revenue to the CITY. DEVELOPER
acknowledges and agrees that CITY would suffer the fiscal impacts of the DU's if DEVELOPER
fails to purchase the Annexable Property and/or timely develop the Commercial Component with a
Home Depot, Target, Lowes, or comparable sales tax generator reasonably approved by the CITY,
containing at least 130,000 square feet (the "Commercial Anchor"). As such, DEVELOPER agrees,
within thirty (30) days following the Effective Date of this Agreement, and provided there are no
lawsuits filed challenging ' this Agreement or any of the Current Development Approvals, or the
Project's CEQA compliance, to post a Two Million Dollar ($2,000,000.00) Letter of Credit to the
City to ensure timely development of the Commercial Anchor. The Letter of Credit shall be in the
form of Exhibit "F-2" attached hereto. If construction of a Commercial Anchor does not commence
on the Annexable Property on or prior to June 1, 2005, of if the Commercial Anchor is not open to
the general public by April, 2006, (each an "LC Default"), then the CITY may draw down the Letter
of Credit at the rate of Forty-one Thousand Six Hundred Sixty-six Dollars ($41,666.00) per month
until the earlier of (i) the date the applicable LC Default is cured, or (ii) until the $2,000,000 Lett eir of
Credit is exhausted.
following: 4.5.2 The right of the CITY to draw down the Letter of Credit is conditioned on the
(a) Permitted delays set forth in Section 10.10 of this Agreement.
(b) Timely CITY processing of Subsequent Development Approvals,
as provided in Section 3.6.2 and Schedule 2 herein.
(c) Final CITY approval of all Subsequent Development Approvals
required for construction of the DU's and for construction of the
Commercial Anchor.
(d) CITY completion of the Grand Avenue Improvements described in
Exhibit "E" benefitting the Commercial Component, within the
schedule set forth in Exhibit "E".
(e) CITY shall not otherwise be. in material default under this
Agreement.
4.5.3 The Letter of Credit, and CITY's rights to draw against the Letter of Credit,
shall be the sole remedy available to CITY if DEVELOPER fails to acquire the Annexable Property
or timely develop the Commercial Anchor. CITY acknowledges that DEVELOPER shall not be
17 05 1198312
5123105
liable for any failure of the Commercial Component, including the Commercial Anchor, after
completion thereof, to generate sales tax revenue in amounts projected or anticipated by the CITY.
4.6 No Additional Impact Fees. Except for the City Traffic Fee and the Quimby Fees, the
City may not impose any new, additional, or increased Development Impact Fees upon the Property
during the term of this Agreement.
REVIEW FOR COMPLIANCE.
5.1 Periodic Review. The City Manager (or its designee) shall review this Agreement
annually, on or before the anniversary of the Effective Date, in order to ascertain the good faith
compliance by DEVELOPER with the terms of the Agreement. DEVELOPER shall submit an
Annual Monitoring Report, in a form acceptable to the City Manager (or its designee), within 30
days after written notice from the City Manager (or its designee). The Annual Monitoring Report
shall be accompanied by an annual review and administration fee sufficient to defray the estimated------------ - —
costs of review and administration of the Agreement during the succeeding year. The amount of the
annual review and administration fee shall be set annually by resolution of the City Council.
5.2 Special Review. The City Council may order a special review of compliance with this
Agreement at any time. The City Manager (or its designee) shall conduct such special reviews.
5.3 Procedure.
(a) During either a periodic review or a special review, DEVELOPER shall be
required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof
on this issue shall be on DEVELOPER.
(b) Upon completion of a periodic review or a special review, the City. Manager
(or its designee) shall submit a report to the City Council setting forth the evidence concerning good
faith compliance by DEVELOPER with the terms of this Agreement and his or her recommended
finding on that issue.
(c) If the City Council finds on the basis of substantial evidence that
DEVELOPER has complied in good faith with the terns and conditions of this Agreement, the
review shall be concluded.
(d) If the City Council makes a preliminary finding that DEVELOPER has not
complied in good faith with the terms and conditions of this Agreement, the City Council may
modify or terminate this Agreement as provided in Section 5.4 and- Section 5.5. Notice of default as
provided under Section 7.4 of this Agreement shall be given to DEVELOPER prior to or concurrent
with, proceedings under Section 5.4 and Section 5.5.
5.4 Proceedings Upon Modification or Termination. If, upon a finding under Section 6.3,
CITY determines to proceed with modification or termination of this Agreement, CITY shall give
written notice to DEVELOPER of its intention so to do. The notice shall be given at least ten
calendar days prior to the scheduled hearing and shall contain:
(a) The time and place of the hearing;
(b) A statement as to whether or not CITY proposes to terminate or to modify the
Agreement; and,
(c) Such other infon-nation as is reasonably necessary to inform DEVELOPER of
the nature of the proceeding.
5.5 Hearing on Modification or Termination. At the time and place set for the hearing on
modification or termination, DEVELOPER shall be given an opportunity to be heard. DEVELOPER
shall be required to demonstrate good faith compliance with the terms and conditions of this
Agreement. The burden of proof on this issue shall be on DEVELOPER. If the City Council finds,
based upon substantial evidence, that DEVELOPER has not complied in good faith with the terms or
conditions of the Agreement, the City Council may terminate this Agreement or modify this
Agreement and impose such conditions as are reasonably necessary to protect the interests of the
CITY. The decision of the City Council shall be final, subject only to judicial review pursuant to
Section 1094.5 of the Code of Civil Procedure.
5.6 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special
review, DEVELOPER is found to be in compliance with this Agreement, CITY shall, upon request
by DEVELOPER, issue a Certificate of Agreement Compliance ("Certificate") to DEVELOPER
stating that after the most recent periodic or special review and based upon the information known or
made known to the City Manager (or its designee) and City Council that (1) this Agreement remains
in effect and (2) DEVELOPER is not in default. The Certificate shall be in recordable form, shall
contain information necessary to communicate constructive record notice of the finding of
compliance, shall state whether the Certificate is issued after a periodic or special review and shall
state the anticipated date of commencement of the next periodic review. DEVELOPER may record
the Certificate with the Los Angeles County Recorder.
Whether or not the Certificate is relied upon by assignees or other transferees or
DEVELOPER, CITY shall not be bound by a Certificate if a default existed at the time of the
periodic or special review, but was concealed from or otherwise not known to the City Manager (or
its designee) or City Council.
6. PREVAILING WAGES.
6.1 Public Works Determination. DEVELOPER has been alerted to the requirements of
California Labor Code section 1770 et seq., including, without limitation S.B. 975, which require the
payment of prevailing wage rates and the performance of other requirements if it is determined that
this Development Agreement constitutes a public works contract. - It shall be the sole responsibility
of DEVELOPER to determine whether to pay prevailing wages for any or all work required by this
Development Agreement. As a material part of this Development Agreement, DEVELOPER agrees
to assume all risk of liability arising from any decision not to pay prevailing wages for work required
by this Development Agreement.
•
6.2 Indemnification. As a further material part of this Development Agreement,
officials, officers,
DEVELOPER agrees to indemnify, defend and hold harmless the CITY, its off
employees, consultants and agents from any and all claims, liability, loss, costs, damages, expenses,
fines and penalties, of whatever type or nature, including all costs of defense and attorneys' fees,
arising from any alleged failure of the DEVELOPER or DEVELOPERs contractors to comply with
the prevailing wage laws of the State of California. If the CITY or any of the other indemnified
parties is named as a party in any dispute arising from the failure of DEVELOPER or
DEVELOPER's contractors to pay prevailing wages, DEVELOPER agrees that the CITY and those
other indemnified parties may appoint their own independent counsel, and DEVELOPER agrees to
pay all attorneys' fees and defense costs of the CITY and the other indemnified parties as billed, in
addition to all other damages, fines, penalties, and losses incurred by the CITY and those other
indemnified parties as a result of the action.
10 tl
7.1 Remedies in General. It is acknowledged by the parties that neither party would have
entered into this Agreement if it were to be liable in damages under this Agreement, or with respect
to this Agreement or the application thereof.
In general, each of the parties hereto may pursue any remedy at law or equity available for the
breach of any provision of this Agreement, except that neither party shall be liable in damages to the
other party, or to any successor in interest of such party, or to any other person, and each party
covenants not to sue for damages or claim any damages:
(a) For any breach of this Agreement or for any cause of action that arises out of
this Agreement; or
(b) For the taking, impairment or restriction of any right or interest conveyed or
provided under or pursuant to this Agreement; or
(c) Arising out of or connected with any dispute, controversy or issue regarding
the application or interpretation or effect of the provisions of this Agreement. -
7.2 Specific, Performance. The parties acknowledge that money damages and remedies at
law generally are inadequate and specific performance and other non -monetary relief are particularly
appropriate remedies for the enforcement of this Agreement and should be available to all parties for
the following reasons:
(a) Money damages are unavailable against CITY or DEVELOPER as provided in
Section 7.1 above; provided nothing in this Agreement precludes CITY from exercising its rights to
enforce bonds or other security furnished by DEVELOPER to CITY as required in the Development
Plan.
(b) Due to the size, nature and scope of the Project, it may not be practical or
possible to restore the Property to its natural condition once implementation of this Agreement has
begun. After such implementation, DEVELOPER may be foreclosed from other choices it may have
had to utilize the Property or portions thereof. DEVELOPER has invested significant time and
20 05 11983412
5123105
resources and performed extensive planning and processing of the Project in agreeing to the terms of
this Agreement and will be investing even more significant time and resources in implementing the
Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of
money that would adequately compensate DEVELOPER for such efforts.
7.3 Release. Except for nondamage remedies, including the remedy of specific
performance as provided in Section 7.2, and judicial review as provided for in Section 5.5,
DEVELOPER, for itself, its successors and assignees, hereby releases the CITY, its officials,
officers, agents and employees from any and all claims, demands, actions, or suits of any kind or
nature arising out of any liability, known or unknown, present or future, including, but not limited to,
any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California
Constitution, the Fifth Amendment of the United States Constitution, or any other law or ordinance
that seeks to impose any other liability or damage, whatsoever, upon the. CITY because it entered
into this Agreement or because of the terms of this Agreement.
7.4 Termination or Modification of Agreement for Default of DEVELOPER. Subject to
the provisions contained to Subsection 5.5 herein, CITY may terminate or modify this Agreement for
any failure of DEVELOPER to perform any material duty or obligation of DEVELOPER under this
Agreement, or to comply in good faith with the terms of this Agreement (hereinafter referred to as
"default"); provided, however, CITY may terminate or modify this Agreement pursuant to this
Section only after providing written notice to DEVELOPER of default setting forth the nature of the
default and the actions, if any, required by DEVELOPER to cure such default and, where the default
can be cured, DEVELOPER has failed to take such actions and cure such default within 60 days after
the effective date of such notice or, in the event that such default cannot be cured within such 60 day
period but can be cured within a longer time, has failed to commence the actions necessary to cure
such default within such 60 day period and to diligently proceed to complete such actions and cure
such default.
7.5 Termination of Agreement for Default of CITY. DEVELOPER may terminate this
Agreement only in the event of a default by CITY in the performance of a material term of this
Agreement and only after providing written notice to CITY of default setting forth the nature of the
default and the actions, if any, required by CITY to cure such default and, where the default can be
cured, CITY has failed to take such actions and cure such default within 60 days after the effective
date of such notice or, in the event that such default cannot be cured within such 60 day period but
can be cured within a longer time, has failed to commence the actions necessary to cure such default
within such 60 day period and to diligently proceed to complete such actions and cure such default.
8. THIRD PARTY LITIGATION.
8.1 General Plan Litigation. CITY has determined that this Agreement is consistent with
its General Plan, and that the General Plan meets all requirements of law. DEVELOPER has
reviewed the General Plan and concurs with CITY's determination.
CITY shall have no liability in damages under this Agreement for any failure of CITY to
perform under this Agreement or the inability of DEVELOPER to develop the Property as
contemplated by the Development Plan of this Agreement as the result of a judicial determination
21 0 ��.�C7►ei.Y.�
that on the Effective Date, or at any time thereafter, the General Plan, or portions thereof, are invalid
or inadequate or not in compliance with law.
8.2 Third Party Litigation Concerning Agreement. DEVELOPER shall defend, at its
expense, including attorneys' fees, indemnify, and hold harmless CITY, its agents, officials, officers,
independent contractors, subcontractors, and employees from any claim, action or proceeding against
CITY, its agents, officials, officers, independent contractors, subcontractors, or employees to attack,
set aside, void, or annul the approval of this Agreement or the approval of any Subsequent
Development Approval granted pursuant to this Agreement. CITY shall promptly notify
DEVELOPER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If
CITY fails to promptly notify DEVELOPER of any such claim, action or proceeding, or if CITY
fails to cooperate in the defense, DEVELOPER shall not thereafter be responsible to defend,
indemnify, or hold harmless CITY. CITY may, in its discretion, participate in the defense of any
such claim, action or proceeding.
8.3 Indemnity. In addition to the provisions of Section 8.2 above, DEVELOPER shall
indemnify and hold CITY, its officials, officers, agents, employees ' and independent contractors free
and harmless from any liability whatsoever, based or asserted upon any act or omission of
DEVELOPER, its officers, agents, employees, subcontractors and independent contractors, for
property damage, bodily injury, or death (DEVELOPER's employees included) or any other element
of damage of any kind or nature, relating to or in any way connected with or arising, from the
activities contemplated hereunder, including, but not limited to, the study, design, engineering,
construction, completion, failure or conveyance of the public improvements, save and except claims
for damages to the extent arising through the gross active negligence or willful misconduct of CITY.
DEVELOPER shall defend, at its expense, including attorneys' fees, CITY, its officers, officials,
agents, employees, subcontractors and independent contractors in any action or proceeding based
upon such alleged acts or omissions. CITY may, in its discretion, participate in the defense of any
such action or proceeding.
8.4 Environment Assurances. DEVELOPER shall indemnify and hold CITY, its officers,
officials, agents, independent contractors, subcontractors, and employees free and harmless from any
liability, based or asserted, upon any act or omission of DEVELOPER, its officers, agents,
employees, subcontractors, predecessors in interest, successors, assigns and independent contractors
for any violation of any federal, state or local law, ordinance or regulation relating to industrial
hygiene or to environmental conditions on, under or about the Property, including, but not limited to,
soil and groundwater conditions, and DEVELOPER shall defend, at its expense, including attorneys'
fees, CITY, its officers, officials, independent contractors, subcontractors, agents and employees in
any action based or asserted upon any such alleged act or omission. CITY may, . in its discretion,
participate in the defense of any such action.
8.5 Reservation of Rights. With respect to Sections 8.2, 8.3 and 8.4 herein, CITY reserves
the right to either (1) approve the attorneys) that DEVELOPER selects, hires or otherwise engages
to defend CITY hereunder, which approval shall not be unreasonably withheld, or (2) conduct its
own defense, provided, however, that DEVELOPER shall reimburse CITY forthwith for any, and all
reasonable expenses incurred for such defense, including attorneys' fees, upon billing and accounting
therefor.
8.6 Survival. The provisions of this Sections 8.1 through 8.6, inclusive, shall survive the
termination of this Agreement.
9. MORTGAGEE PROTECTION.
The par -ties hereto agree that this Agreem' ent shall not prevent or limit DEVELOPER, in any
manner, at DEVELOPER's sole discretion, from encumbering the Property or any portion thereof or
any improvement thereon by any mortgage, deed of trust or other security device securing financing
with respect to the Property. CITY acknowledges that Mortgagees providing such financing may
require certain Agreement interpretations and modifications and agrees upon request, from time to
time, to meet with DEVELOPER and representatives of such Mortgagees to negotiate in good faith
any such request for interpretation or modification. CITY will not unreasonably withhold its consent
to any such requested interpretation or modification provided such interpretation or modification is
consistent with the intent and purposes of this Agreement. Any Mortgagee of the Property shall be
entitled to the following rights and privileges:
(a) Neither entering into this Agreement nor a breach of this Agreement shall
defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good
faith and for value, unless otherwise required by law.
(b) The Mortgagee of any mortgage or deed of trust encumbering the Property, or
any part thereof, which Mortgagee, has submitted request in writing to the CITY in the manner
specified herein for giving notices, shall be entitled to receive written notification from CITY of any
default by DEVELOPER in the performance of DEVELOPER's obligations under this Agreement.
(c) If CITY timely receives a request from a Mortgagee requesting a copy of any
notice of default given to DEVELOPER under the terms of this Agreement, CITY shall provide a
copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to
DEVELOPER. The Mortgagee shall have the right, but not the obligation, to cure the default during
the remaining cure period allowed such party under this Agreement.
(d) Any Mortgagee who comes into possession of the Property, or any part
thereof,
. pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure,
shall take the Property, or part thereof, subject to the terms of this Agreement. Notwithstanding any
other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty
under this Agreement to perform any of DEVELOPER's obligations or other affirmative covenants
of DEVELOPER hereunder, or to guarantee such performance; provided, however, that to the extent
that any covenant to be performed by DEVELOPER is a condition precedent to the performance of a
covenant by CITY, the performance thereof shall continue to be a condition precedent to CITY's
performance hereunder, and further provided that any sale, transfer or assignment by any Mortgagee
in possession shall be subject to the provisions of Section 2.4 of this Agreement.
23 05 1198sao
IQ
5,123105
10. MISCELLANEOUS PROVISIONS.
10.1 Recordation of Agreement. This Agreement and any amendment or cancellation
thereof shall be recorded with the Los Angeles County Recorder by the City Clerk within the period
required by Section 65868.5 of the Government Code.
10.2 Entire Agreement. This Agreement sets forth and contains the entire understanding
and agreement of the parties, and there are no oral or written representations, understandings or
ancillary covenants, undertakings or agreements that are not contained or expressly referred to
herein. No testimony or evidence of any such representations, understandings or covenants shall be
admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions
of this Agreement.
10.3 Severability. If any term, provision, covenant or condition of this Agreement shall be
determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected
thereby to the extent such remaining provisions are not rendered impractical to perform taking into
consideration the purposes of this Agreement. Notwithstanding the foregoing, the provision of the
public benefits set forth in Section 4 of this Agreement, including the payment of the fees set forth
therein, are essential elements of this Agreement and CITY would not have entered into this
Agreement but for such provisions, and therefore in the event such provisions are determined to be
invalid, void or unenforceable, this entire Agreement shall be null and void and of no force and
effect whatsoever.
10.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder
shall be governed and interpreted in accordance with the laws of the State of California. This
Agreement shall be construed as a whole according to its fair language and common meaning to
achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect
that ambiguities are to be resolved against the drafting party shall not be employed in interpreting
this Agreement, all parties having been represented by counsel in the negotiation and preparation
hereof.
10.5 Section Headings. All section headings and subheadings are inserted for convenience
only and shall not affect any construction or interpretation of this Agreement.
10.6 Singular and Plural. As used herein, the singular of any word includes the plural.
10.7 Time of Essence. Time is of the essence in the performance of the provisions of this
Agreement as to which time is an element.
10.8 Waiver. Failure by a party to insist upon the strict performance of any of the
provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon
the default of the other party, shall not constitute a waiver of such party's right to insist and demand
strict compliance by the other party with the terms of this Agreement thereafter.
10.9 No Third PartyBeneficiaries. This Agreement is made and entered into for the sole
protection and benefit of the parties and their successors and assigns. No other person shall have any
right of action based upon any provision of this Agreement.
24 05 11983.2
5123/05
10-10 Force Maieure. Neither party shall be deemed to be in default where failure or delay
in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other
Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the
party's control, (including the party's employment force), government regulations, court actions (such
as restraining orders or injunctions), or other causes beyond the party's control. If any such events
shall occur, the term of this Agreement and the time for performance by either party of any of its
obligations hereunder may be extended by the written agreement of the parties for the period of time
that such events prevented such performance, provided that the term of this Agreement shall not be
extended under any circumstances for more than five (5) years.
10.11 Mutual Covenants. The covenants contained herein are mutual covenants and also
constitute conditions to the concurrent or subsequent performance by the party benefitted thereby of
the covenants to be performed hereunder by such benefitted party.
10.12 Successors in Interest. The burdens of this Agreement shall be binding upon, and the
benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement.
All provisions of this Agreement shall be *enforceable as equitable servitudes and constitute
covenants running with the land. Each covenant to do or refrain from doing some act hereunder with
regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of
the Property; (b) runs with the Property and each portion thereof, and, (c) is binding upon each party
and each successor in interest during ownership of the Property or any portion thereof.
10.13 Counterparts. This Agreement maybe executed by the parties in counterparts, which
counterparts shall be construed together and have the same effect as if all of the parties had executed
the same instrument.
10.14 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or
brought by a party hereto for the purpose of enforcing, cons1truing.or determining the validity of any
provision of this Agreement shall be filed and tried in the Superior Court of the County of Los
Angeles, State of California, and the parties hereto waive all provisions of law providing for the
filing, removal or change of venue to any other court.
10.15 Proie A as a Private Undertaking. It is specifically understood and agreed by and
between the parties hereto that the development of the Project is a private development, that neither
party is acting as the agent of the other in any respect hereunder, and that each party is an
independent contracting entity with respect to the terms, covenants and conditions contained in this
Agreement. No partnership, joint venture or other association of any kind is formed by this
Agreement. The only relationship between CITY and DEVELOPER is that of a government entity
regulating the development of private property and the developer of such property.
10.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide
reasonable assistance to the other to the extent contemplated hereunder in the'performance of all
obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the
request of either party at any time, the other party shall promptly execute, with acknowledgment or
affidavit if reasonably required, and file or record such required instruments and writings and take
any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent
25 05 1198312
2.7
and to fulfill the provisions of this Agreement or to evidence or consummate the transactions
contemplated by this Agreement.
10.17 Eminent Domain. No provision of this Agreement shall be construed to limit or
restrict the exercise by CITY of its power of eminent domain.
10.18 Agent for Service of Process. In the event DEVELOPER is not a resident of the State
of California or it is an association, partnership or joint venture without a member, partner or joint
venturer resident of the State of California, or it is a foreign corporation, then in any such event,
DEVELOPER shall file with the . City Manager (or its designee), upon its execution of this
Agreement, a designation of a natural person residing in the State of California, giving his or her
name, residence and business addresses, as its agent for the purpose of service of process in any court
action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any
process in any such action shall constitute valid service upon DEVELOPER. If for any reason service
of such process upon such agent is not feasible, then in such event DEVELOPER may be personally
served with such process out of Los Angeles County and such service shall constitute valid service
upon DEVELOPER. DEVELOPER is amenable to the process so served, submits to the jurisdiction
of the Court referenced in Section 10.14 so obtained and waives any and all objections and protests
thereto. DEVELOPER for itself, assigns and successors hereby waives the provisions of the Hague
Convention (Convention on the Service Abroad of Judicial and Extra Judicial Documents in Civil or
Commercial Matters, 20 U.S.T. 361, T.I.A.S. No. 6638).
10.19 Authority to Execute. The person or persons executing this Agreement on behalf of
DEVELOPER warrants and represents that he or she/they have the authority to execute this
Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and
represents that he or she/they has/have the authority to bind DEVELOPER to the performance of its
obligations hereunder.
10.20 DEVELOPER ACKNOWLEDGES AND AGREES THAT DEVELOPER
THOROUGHLY REVIEWED THIS AGREEMENT THE RIGHTS AND OBLIGATIONS OF
DEVELOPER UNDER THIS AGREEMENT, WITH LEGAL COUNSEL, AND DEVELOPER
HAS EQUAL BARGAINING POWER AND THE REQUISITE EXPERIENCE,
SOPHISTICATION, AND FINANCIAL STRENGTH TO UNDERSTAND, INTERPRET, AND
AGREE TO THE TERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION,
THE TERMS OF SECTION 4.4 OF THIS AGREEMENT. DEVELOPER ACKNOWLEDGES
AND AGREES THAT IT HAS EVALUATED THE RISKS AND MERITS OF OBLIGATIONS
AND BENEFITS OF THIS AGREEMENT AND IS WILLING AND ABLE TO BEAR THE
ECONOMIC RISK OF THIS AGREEMENT AND ALL REMEDIES RELATED THERETO.
26 O 1198312
� Y.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
and year set forth below.
Dated: 14 "/0
"DEVELOPER"
LEWIS-DIAMOND BAR, LLC
a Delaware limited liability company
By: LEWIS OP TING CORP.,
a Californ c oration — sole anager
By:
Name: David R. Lewis
Title: Vice PresIdent/Director of Multifamily
"CITY" Development/Secretary
CITY OF DIAMOND BAR
Dated: By:
i Ta—m e:
0 40
Title:
WBF:km\949\G2303D-DevAgint;062904
27
STATE OF CALIFORNIA )
) ss.
COUNTY OF 51948 �A-Malb_'WQ )
On before me, 1 z?(JA /I . Jo we'd , a Notary
Public in and for said county and state, personally appeared [7fh/=D ,2. 1-25urgs
personally known to me ( ) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal. ®°` '
Ef)NA A. JOHNSON
Commfssfon i 419983
.,�; Nofary Pu1�Bc - Cadtania
San lsmanio County
Signature My Comm. Expires Jun 4, 2007
STATE OF CALIFORNIA. }
ss.
COUNTY OF c�_)
On es' 4200___before me, 76ram q e_ ne. .r) rNs , a Notary
Public irl and for said'county and state, personally appearedpfd P Zti(bc-.:,
personally known to me ( ) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
JSignature ,
TOMMYE ANNE !ZABBINS
Commission # 1411077
t'yr Notary Pulte.- Catfomia
Los An 1C 60Y
My comm AM26, 2007'
19"
��n"o. �,w�dlk,..ri...�.. .s•.:dl).,.a:3aw
x
TOlvi(Y''E ANNE ;
issi 411077
No u California
Los Angeles .
'
my Comm AM*
7
EXHIBIT "A-1"
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
Legal Description of Property
THE LAND SITUATED IN THE STATE OF CALIFORNIA, CITY OF DIAMOND BAR, COUNTY
OF LOS ANGELES:
PARCEL A:
PARCELS 2 AND 3 OF PARCEL MAP NO. 14819, IN THE CITY OF DIAMOND BAR, COUNTY
OF LOS ANGELES, STATE OF CALIFORNIA AS PER MAP FILED IN BOOK 154, PAGES 27
TO 30 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPT THEREFROM ALL OIL & GAS AND OTHER HYDROCARBONS AND MINERALS
NOW OR AT ANY TIME HEREAFTER SITUATED THEREIN AND THEREUNDER AS
RESERVED IN DEED OF TRANSAMERICA DEVELOPMENT COMPANY, A CORPORATION,
RECORDED MARCH 29, 1968, BOOK D3955 PAGE 185, OFFICIAL RECORDS. AND RE-
RECORDED JUNE 19, 1969, BOOK D4407, PAGE 591, OFFICIAL RECORDS. ALL SURFACE
RIGHTS TO A DEPTH OF 500 FEET WERE QUITCLAIMED BY INSTRUMENT RECORDED
OCTOBER 9, 1981 AS INSTRUMENT NO. 81-1004553, OFFICIAL RECORDS.
PARCEL Al:
THOSE CERTAIN NON-EXCLUSIVE PERPETUAL ROAD EASEMENTS GRANTED IN
ACCORDANCE WITH SECTIONS 5.01, 5.02, AND 5.03 OF THAT CERTAIN DECLARATION
OF RESTRICTIONS, SLOPE DEVELOPMENT, MAINTENANCE AND EASEMENT DATED
MARCH 2,-1983, AND RECORDED MARCH 2, 1983 AS INSTRUMENT NO. 83-237794,
OFFICIAL RECORDS.
Exhibit "A-1 " 05 1198312
EXHIBIT "A-211
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
Description of Annexable Property
Annexable Property is that portion of Planning Area 1 which provides for commercial -retail
development of the type generally shown on Exhibit "F-1" attached hereto.
Exhibit "A -2"I
6 ;5 1.4 9 8 312
EXHIBIT. "A-3."
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
Notice of Annexation
Recording requested by:
TITLE COMPANY
Order No.
When recorded return to:
(Space Above This Line for Recorder's Use Only)
NOTICE OF ANNEXATION
FOR
DIAMOND BAR VILLAGE
Exhibit "A -Y 05 1198312
512310 5
EXHIBIT. "A-3."
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
Notice of Annexation
Recording requested by:
TITLE COMPANY
Order No.
When recorded return to:
(Space Above This Line for Recorder's Use Only)
NOTICE OF ANNEXATION
FOR
DIAMOND BAR VILLAGE
Exhibit "A -Y 05 1198312
NOTICE OF ANNEXATION
DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
THIS NOTICE OF ANNEXATION ("Notice of Annexation") is executed by the City of
Diamond Bar ("City") and Lewis -Diamond Bar, LLC, a Delaware limited liability company
("Developer") this day of )200 — pursuant to and in accordance with
that certain Diamond BarVillageDevelopment Agreement between the City of Diamond Bar and
Developer approved June 29, 2004 (Ordinance 04(2004) (the "Development Agreement").
RECITALS
Developer is the owner of that certain real property located in the City of Diamond Bar, County
of Los Angeles, State of California, more particularly described and set forth in
Exhibit "A!' attached hereto and incorporated herein by this reference (the "Annexable
Property").
Section 1.1.22 of Development Agreement requires that Developer annex the Annexable
Property into the Development Agreement within thirty (30) days after its acquisition of
title to the Annexable Property.
NOW, THEREFORE, in accordance with the foregoing recitals and pursuant to
Section 1.1.22 of the Development Agreement, City and Developer agree as follows:
ARTICLE 1
ANNEXATION
1.1 Annexation of Annexable Property. City and Developer hereby declare that the
Annexable Property is annexed to and made part of the Property already subject to the
Development Agreement. This Notice of Annexation constitutes a notice of annexation
as described in Section 1.1.20 of the Development Agreement. By virtue of such
annexation, the Annexation Property is and shall be part of the Property and subject to
each and all of the terms and conditions of the Development Agreement.
ARTICLE 2
GENERAL PROVISIONS
2.1 Amendment. This Notice of Annexation may be amended only in accordance with the
provisions of the Development Agreement.
2.2 Inurement. This Notice of Annexation, and each of the covenants, conditions,
restrictions, reservations, easements, liens and charges set forth in the Development
Agreement, shall run with the Annexable Property and shall inure to the benefit of and be
binding upon Developer and its successors -in -interest to the Annexable Property, for such
duration and according to such terms and provisions as set forth in the Development
Agreement.
Exhibit "A -Y 05 1198312
Assignment / Notice of Annexation
Page 2
2.3 Defined Terms. Unless otherwise defined herein, all capitalized words and phrases used
in this Notice of, Annexation shall have the same meanings given them in the
Development Agreement.
IN WITNESS WHEREOF, the City and Developer have executed this Notice of
Annexation as of the date first above written to be effective upon its recordation in the Official
Records of Los Angeles County, California.
"CITY"
CITY OF DIAMOND BAR
By:
Name:
Title:
"DEVELOPER"
LEWIS-DIAMOND BAR, LLC,
a Delaware limited liability company
By: LEWIS OPERATING CORP.,
a California corporation
By:
Name:
Title:
Exhibit "A-3"
Ff M
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On before me, , a Notary
Public in and for said county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
) ss.
COUNTY OF )
Onbefore me, , a Notary
Public in and for said county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person
whose name is subscribed to the within instrument and acknowledged to me that he executed the
same in his authorized capacity, and that by his signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Exhibit "A-3" U 5 1198312
,• �
Exhibit "A-3" 05 1198312
5123105
EXHIBIT "B"
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
Map of Specific Plan Area
Exhibit "B" 0 a 119 8 312
5/2310 5
EXHIBIT
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
Map of Specific Plan Area
1198312
EXHIBIT "C"
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
Current Development Approvals
General Plan Amendment No. 2004-01 Resolution No. 2004-36
Zone Change No. 2004-02
Diamond Bar Village Specific Plan No. 2004-01
Addendum to Medical Plaza Final Environmental
Impact Report, SCH No. 91121027 and
Diamond Bar Economic Revitalization Area
Final Environmental Impact Report,
SCH 96111047
Development Agreement No. 2004-01
Exhibit "C"
Ordinance No. 02(2004)
Ordinance No. 03(2004)
Resolution No. 2004-35
Ordinance No. 04(2004)
512310 5
EXHIBIT "D"
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
Existing Land Use Regulations
1. City of Diamond Bar, Development Code Adopted November 3, 1998.
2. City of Diamond Bar, General Plan Adopted July 25,1995.
95 1198312
Exhibit "D"
W���/0�/�V/Vo
EXHIBIT nE^
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
Grand Avenue Improvements
The proposed Grand Avenue Beaudfioetion/Bettomnerd Project consists of
oddio�done�mmprovennanbs0nthm existing center median ie|onda. architectural treatment eaUnent and
rn tbo the roadway and inhsneecUmna The center median modifications will
aesthetic enhancement h |i�aUonoy'roOjo rup|@oernentofexia�nQinigaUon
inc|udereoonatruutionofcurb�forProPerc anne traffic,
syotan�' landscape, hardyoape'p|anUng, and concrete improvements. Includeddu
ded in this
Bea uUfication/Bstterme»tProject willbetraffic safety enhancements such agstreet widening inthe
vicinity ofGolden Springs Drive, installation and/or modification ofsignals, street lights, signal timing
synchronization, striping, drainage improvements and otharstneataoope improvements
Description and Construction Schedule
' �n�l�0�5
S��Of - '-r'- '
Connpldionofconstruct'oo-
March 2806
Exhibit "E" �� ��������
��� ���0��.&��
EXHIBIT 66F-1"
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
Commercial Component Description
Exhibit "F-1" 05 1198312
E)MBIT c
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT .0
(•DO
4a
m
�==rflT-lllV-Hlu
E
- 0j. mp.
'Eg
ca
Exhibit "F-1"
Page 1 oft
EXHIBIT 66F-1"
■
Milli ! I l!1! illi
0.
III
, it!il
v€ m
m `og
,1 I ..n. _
p
it I Ilt ! 1
lid
m
3��ws
SII !j I Itlf !
Ot7ri;1
��ayo
Its a „
M111111111 fill! Ili i
o _�E
`o
ill ili I1
-_ @itilu!�I1111111In _-
-
EXHIBIT 66F-1"
■
Emco
c
0.
III
v€ m
m `og
a'
o� �31c
�m o`im
c9
N„p-,9
m
3��ws
��ayo
o _�E
`o
r
Egg'
9mmp9 �'
e
mmyoa�
Q
m
_mp�c
Ro
.Omcti
pp
m
p.
mm=i 49
m "Es�gm
zaE_a=m8<
1
Emco
c
m °
m
am Em
v€ m
m `og
o� �31c
�m o`im
c9
N„p-,9
m
3��ws
��ayo
o _�E
`o
r
Egg'
9mmp9 �'
e
mmyoa�
Q
m
_mp�c
Ro
.Omcti
pp
m
p.
mm=i 49
m "Es�gm
zaE_a=m8<
uT
EXHIBIT "F-2"
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
Letter of Credit Form
FINANCIAL INSTITUTION NAME
ADDRESS
Contact Phone:
Email:
Letter of Credit No.:
City of Diamond liar 2004
21825 Copley Drive Date:
Diamond Bar, CA 91765
Ladies and Gentlemen:
At the request and for the account of Lewis -Diamond Bar, LLC, a Delaware limited liability
company, 1156 North Mountain Avenue, Upland, California 91786, we hereby establish our
Irrevocable Letter of Credit in favor of the City of Diamond Bar in the amount of Two Million and
00/100 United States Dollars (US $2,000,000.00) available with us at our above office by payment of
your draft(s) drawn on us at sight accompanied by your signed and dated statement worded pursuant
to either A or B below:
A. "The undersigned, an authorized representative of the City of Diamond Bar, hereby
certifies that:
1. Lewis -Diamond Bar, LLC, a Delaware limited liability company, has failed to
timely perform its obligations under Section 4.5.1 of that certain Diamond Bar Village Development
Agreement (the Development Agreement") dated , 2004, by and between
the City of Diamond Bar, a municipal corporation of the State of California ('Beneficiary"), and
Lewis -Diamond Bar, LLC, a Delaware limited liability company ("Lewis"), with respect to the
development of the Commercial Component as defined in the Development Agreement; and
2. None of the conditions in Section 4.5.2 of the Development Agreement apply;
and
3. Written notice of default and intent to draw on this Letter of Credit was
delivered by Beneficiary to Lewis thirty (30) days prior to the date of this request to draw on the
Letter of Credit; and therefore,
Exhibit "F-2"
Aft, A 4 ^nft
r• �f
4. Pursuant to Section 4.5.1 of the Development Agreement, a monthly draw in the
Amount of $41,666.00 is due and payable to. Beneficiary on , 200_
and on the same day of each month thereafter until written notice that Lewis is not in default is
executed by Beneficiary and delivered to us; or
B. "The undersigned, an authorized representative of the City of Diamond Bar, hereby
certifies that:
1. Lewis -Diamond Bar, LLC, a Delaware limited liability company, has failed to
meet its obligations under Section 4_5 of that certain Development Agreement for the (the
Development Agreement") dated , 2004, by and between the City of
Diamond Bar, a municipal corporation of the State of California ('Beneficiary"), and Lewis -
Diamond Bar, LLC, a Delaware limited liability company ("Lewis"), because [FINANCIAL
INSTITUTION NAME] delivered written notice not to extend the Letter of Credit and Lewis failed
to deliver a replacement Letter of Credit or to extend term of this Letter of Credit at least ten (10)
days before expiration of this Letter of Credit; and therefore,
2. Pursuant to Section 4.5.1 of the Development Agreement, the Amount of
$ is due and payable to Beneficiary."
Each draft must be accompanied by the original of this Letter of Credit for our
endorsement on this Letter of Credit in the amount of our payment on such draft.
Each draft drawn hereunder must be marked 'Drawn under [FINANCIAL,
INSTITUTION NAME] Letter of Credit No. , dated , 2004".
This Letter of Credit expires at our above office on
2005 but shall be automatically extended, without written amendment, first to
2006, then to , 2007, and then to, but not beyond , 2008 unless we
have sent written notice to you at your above address by registered mail or express courier that we
elect not to extend this Letter of Credit beyond the date specified in such notice, which date will be
, 2005, or , 2006, or �2007and
be at least thirty (30) calendar days after the date we send you such notice.
Partial drawings are permitted (more than one draft may be drawn and presented
under the Letter of Credit).
The aggregate amount of all drafts presented to us under and in compliance with the
terms of this Letter of Credit on or before 2005, or the. expiration date as
extended, may not exceed $2,000,000.00.
This Letter of Credit is subject to the Uniform Customs and Practice for Documentary
Credits (1993 Revision), International Chamber of Commerce Publication No. 500.
Exhibit "F-2"
5123105
We hereby engage with you that all drafts drawn under and in compliance with the
terms of this Credit will be duly honored by us *If drawn and presented for payment at our office on or
before the expiration date as specified herein.
FINANCIAL INSTITUTION NAME
R -A
Name:
Title:
Exhibit "F-2" 05 li98312
SCHEDULE1
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
Brookfield
Home Depot, Lowes, Target
List of Pre -Approved Developers
Schedule
INVIncroyezyr.
5Ii310 5
SCHEDULE
Mi OIRRIM
Entitlement Processing Schedule
To be determined
Schedule 2
5 119R.,;1n
SCHEDULE3
TO DIAMOND BAR VILLAGE DEVELOPMENT AGREEMENT
FEE DESCRIPTION
City Traffic Fee
Quimby Fee
Project Impact Fees
AMOUNT TIME OF PAYMENT
[To be Determined per Section 4.2. 11 Residential — prior to each certificate of
occupancy
Commercial — prior to each certificate of
occupancy
$2,175 per DU Prior to each certificate of occupancy
Schedule
DUMONDRAR
MEMORANDUM CommuNiTy & DEVELOPMENT SERVICES
PLANNING DIVISION
TO: Chairman and Planning Commissioners
FROM: Ann J. Lungu, Associate Planner
DATE: June 23, 2005
SUBJECT: Development Review No. 2004-34 located at 701 Featherwood Drive
Due to technical issues that need to be resolved, staff is recommending that this
project's review be continued to July 26, 2005.
PLANNING COMMISSION
AGENDARUORT
N.
I
--g--70:50 - FW-WUNT-M
CrffOFDIAM0NDBAR- 21825 COPLEY DRIVE - DIAMOND BAI� CA91765 - TEL(909Y83
AGENDA ITEM NUMBER. e, `y
MEETINGDATE- June 28, 2005
REPORTDATE- June 9, 2005
CASE/FUNUMBER- Development Review 2005-14
PROJECT LOCATION: 1198 Chisolm Trail
(Tract 37873, Lot 14)
Diamond Bar, CA 91765
APPLICATION REQUEST Approval to construct a three-story
single-family residence of approximately
5,187 square feet which includes
balconies, porch, and attached two -car
garage and retaining walls within the
front, side and rear yards not to exceed
an exposed height of six feet.
PRoPERTYOWNERS: Mr. Mitchell Won
5719 Paramount Lane
Pico Rivera, CA 90660
APPLICANT- Mr. Brent Hallam
Westwood Design
133 E. Bonita Ave., Ste. 202
San Dimas, CA 91773
STAFF RECOMMENDATION: Approve Development Review No.
2005-14.
BACKGROUND:
The project site is located at 1198 Chisolm Trail (Lot 14, Tract No. 37873). It is an
irregular shaped vacant lot of approximately 13,330 square feet and slopes from the
street (Chisolm Trail) to rear property line (Grand Avenue). The project site does not
contain a "restricted use area" or easements.
SrIl AND SURROUNDING ZONING:
The General Plan land use designation for the project site is Low Density Residential (RL)
Maximum 3 DU/Acre. The zoning designation is Single Family Residence -Minimum Lot
Size 8,000 Square Feet (R-1-8,000). Generally, the following zones and uses surround
the project site: To the north is the R-1-8,000 and R-3-8,000 30U zones and Sycamore
Canyon Park; to the south is the R-1-8,000 zone and Grand Avenue; to the east is the R-
1-8,000 zone; and to the west is the R-4-41-1 (condominiums) zone.
ANALYSIS:
A. Development Application/Review Authority:
The proposed project requires a Development Review application with the Planning
Commission as the review authority. It is for arch itectural/site plan design review as
required by Development Code Section 22.48.020(a)1 for new single family construction
on a vacant parcel.
B. 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 compliment and add
to the economic, physical, and social character of the City. The process also ensures that
new development and intensification of existing development yields a pleasant living,
working, or shopping environment and attracts the interests of residents, workers,
shoppers, and visitors as the result of consistent exemplary design.
The comparison matrix below shows that the proposed project has met the development
standards for the R-1-8,000/RLM zoning district.
Development Feature
8-1-8,000/RLZoning
District
Proposed
Meet
Requirement
Minimum Lot Area
5 DUA
13,330 gross square feet
Yes
(existing parcel)
DR 2005-14 Ne 2
C. Architectural Features/Colors and Materials/Floor Plan Layout:
The City's Design Guidelines have been established to encourage a better compatible
building and site design that improves the visual quality of the surrounding area through
aesthetically pleasing site planning, building design, and landscape architecture.
Additionally, a primary objective is to promote compatibility with adjacent uses in order to
minimize any potential negative impacts. In this case, the proposed project is a single-
family residence to be located among other single-family homes of comparable size.
The proposed three-story residence has five bedrooms, office, kitchen, living and dinning
rooms, family room and wet bar, game room, laundry room and wine cellar. There is a
two car garage, which meets the Development Code parking requirement.
The proposed architectural style is Mediterranean. Architectural features such as
columns that flank the front entry, window arrangement and style, varying levels and
planes on the front, rear and right side elevations creates interest and reduces the
massive appearance of the proposed residence. The cupola -like structure on the roof
DR 2005-14 Pa8e 3
R-1-8,000/RL Zoning
District
Proposed
Meet
Requirement
Development Feature
1 Single -Family Dwelling
Unit
1 Single -Family Dwelling
. Unit
Yes
Residential Density
Front yard setback
20 feet
22 feet (plus 6 feet of City
property)
Yes
5 & 10 feet from property
line
10 & 10 feet from
_rt �
property line
Yes
Side yard setbacks
20 feet from property line
go f :"t f rm property
29 feet from property Hine
Yes
Rear setback
35 feet from natural or
finished grade (max.)
35 feet from natural or
finished grade
Yes
Building height limit
15 feet
18 feet from approved(not
built) residence at 1196
Chisolm Trail; and 15 feet
from approved (not
built) residence at 1200
Chisolm Trail
Yes
Separation between
adjacent residential
structures
40 percent(maximum)
23 percent
Yes
Lot coverage
2 car garage fully
enclosed (minimum)
2 car attached garage
Yes
Parking
F
C. Architectural Features/Colors and Materials/Floor Plan Layout:
The City's Design Guidelines have been established to encourage a better compatible
building and site design that improves the visual quality of the surrounding area through
aesthetically pleasing site planning, building design, and landscape architecture.
Additionally, a primary objective is to promote compatibility with adjacent uses in order to
minimize any potential negative impacts. In this case, the proposed project is a single-
family residence to be located among other single-family homes of comparable size.
The proposed three-story residence has five bedrooms, office, kitchen, living and dinning
rooms, family room and wet bar, game room, laundry room and wine cellar. There is a
two car garage, which meets the Development Code parking requirement.
The proposed architectural style is Mediterranean. Architectural features such as
columns that flank the front entry, window arrangement and style, varying levels and
planes on the front, rear and right side elevations creates interest and reduces the
massive appearance of the proposed residence. The cupola -like structure on the roof
DR 2005-14 Pa8e 3
provides light through the center of the residence and ventilation at the main floor and it is
an architectural feature that is necessary to the homeowner. However, staff believes that
as designed, it does not related to the roof line and window style of the front fagade of the
residence. Staff is requiring that the cupola -like structure's height be reduced by
approximately 1.5 feet in order to following the roofline of the proposed residence.
Furthermore, it is required that an architectural treatment be added to the top of the
chimney.
The proposed building materials consist of charcoal color tile for the roof, cream color
stucco, culture stone accent and bone color fascia and weathered brown color door and
trim. Staff is also requiring that the stone accent be added to the columns that flank the -
front entry. With the required change to the cupola -like structure and additional stone
accent, staff believes the proposed residence complie's with the City's Design Guidelines
and the proposed architectural style, colors and materials are compatible with other
homes in the surrounding neighborhood.
D. Grading/Retaining Wall:
The conceptual grading plan indicates that proposed project will generate approximately
zero cubic yards of cut and 1,800 cubic yards of import fill. The fill is related to creating
the pad and recreational area within the rear yard.
The proposed retaining walls vary in exposed height from less than 1.5 feet to 6 feet. The
purpose of the retaining walls is to create the pad for the proposed residence by
containing the fill. Retaining walls within 20 foot front yard setback shall not exceed 42
inches. Pursuant to the tract map for this neighborhood, the first six feet of the front yard
is City property. As a result, walls/retaining walls or other structures shall not be
constructed within this six feet. The proposed retaining wall adjacent to the north
property line shall begin behind the six feet.
E. Landscaping:
The purpose of landscaping is to protect the public health, safety, and welfare by
preserving and enhancing the positive visual experience of the built environment (Section
22.24.010). Therefore, landscaping and irrigation are an integral part of the development
project.
A landscape plan was submitted with this project's application but it is incomplete. The
applicant will be required to submit a revised landscape/irrigation plan prior to the
issuance of any City permits. The revised landscape plan is required to include plant
species, location, size and quantity. For this project, it is required that the proposed
landscaping for the rear slope include larger size plants and vines to reduce the impact of
the rear walls as viewed from Grand Avenue. Also, it is required that Myraporum be
planted on the rear slope as was required for the other new homes approved on Chisolm
Trail. All landscaping and irrigation shall be installed prior the final inspection and
Certificate of Occupancy.
DR2005-14Pd,6e 4
G. —Additional Review:
The City's Public Works and Building and Safety Divisions reviewed this project. Their
recommendations are within the attached draft resolution.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section
15303(a), the City has determined that this project is categorically exempt.
NOTICE OF PUBLIC HEARING:
Notice for this project was published in the Inland Valley Bulletin and the San Gabriel
Valley Tribune on June 16, 2005. Public hearing notices were mailed to approximately 45
property owners within a 500 -foot radius of the project site and the public notice was
posted in three public places on June 11, 2005, 2005. Furthermore, the project site was
posted with a display board on June 15, 2005.
Staff recommends that the Planning Commission approve Development Review No.
2005-14, Findings of Fact and conditions of approval as listed within the attached
resolution.
Prepared by:
J. LunqU, A46ociatEWIanner
Attachments:
1. Draft Resolution;
2. Exhibit "A" - site plan, floor plan, roof plan, elevations, conceptual grading plan and
colors and materials board dated June 28, 2005; and
3. Aerial.
DR 2005-14 Pa6e 5
:t ;<'
:. �:
PLANNING COMMISSION ADi
RESOLUTION NO. 2005 -XX - ?4otr
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DIAMOND BAR
APPROVING
AL EXEMPT ON,DEVELOPMENT
A
REVIEW NO. 2005-14 AND CATEGORICAL
REQUEST TO CONSTRUCT A THREE STORY SINGLE-FAMILY
RESIDENCE WITH BALCONIES, PORCH AND AN ATTACHED
TWO -CAR GARAGE TOTALLING TO APPROXIMATELY 5,187
SQUARE FEET. THE APPROVAL ALSO INCLUDES RETAINING
WALLS WITHIN THE REAR AND SIDE YARDS NOT TO EXCEED
AN EXPOSED HEIGHT OF SIX FEET AND RETAINING WALLS
WITHIN THE FRONT SETBACK NOT TO EXCEED AN EXPOSED
HEIGHT OF 42 INCHES. THE PROJECT SITE IS LOCATED AT
1198 CHISOLM TRAIN (LOT 4, TRACT NO. 37873), DIAMOND
BAR, CALIFORNIA.
A. RECITALS.
1. The property owner, Mitchell Won and applicant, Brent Hallam of Westwood
Design have filed an application for Development Review No. 2005-14 and
categorical exemption for a property located at 1198 Chisolm Trail, Diamond
Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject
Development Review and categorical exemption shall be referred to as the
"Application."
2. On June 16, 2005, notification of the public hearing for this project was provided
in the San Gabriel Valley Tribune and Inland ValleV Daily Bulletin newspapers.
On June 11, 2005, public hearing notices were mailed to approximately 45
property owners within a 500 -foot radius of the project site and the public notice
was posted in three public places. Furthermore, on June 12, 2005, the project
site was posted with a display board.
3. On June 28, 2005, 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 finds that the project identified above in this
Resolution is categorically exempt pursuant to Section 15303(a) of the
1
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgement of the City of Diamond Bar.
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 on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to a site located at 1198 Chisolm Trail (Lot 14, Tract
No. 37873). It is an irregular shaped vacant lot of approximately 13,330
square feet and slopes from the street (Chisolm Trail) to rear property
line (Grand Avenue). The project site does not contain a "restricted use
area" or easements.
(b) The project site has a General Plan land use designation of Low Density
Residential (RL) Maximum 3 DU/Acre.
(c) The project site is within the Single Family Residence -Minimum Lot Size
8,000 Square Feet (R-1-8,000) Zone interpreted as Low Density
Residential (RL) Maximum 3 DU/Acre Zone.
(d) Generally, the following zone surrounds the project site: To the north is
the R-1-8,000 and R-3-8,000 30U zones and Sycamore Canyon Park; to
the south is the R-1-8,000 zone and Grand Avenue; to the east is the R-
1-8,000 zone; and to the west is the R -4-4U (condominiums) zone.
(e) The Application request is for approval to construct a three-story single-
family residence of approximately 5,187 square feet which includes
balconies, porch, and attached two -car garage. Additionally, the
application request includes retaining walls within the side and rear yards
not to exceed an exposed height of six feet and retaining walls within the
front setback not to exceed an exposed height of 42 inches.
Development Review
The design and layout of the proposed development is consistent with
the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of.the applicable district, design
guidelines, and architectural criteria for special areas (e.g., theme areas,
specific plans, community plans, boulevards or planned developments).
The project site is an existing vacant infill lot planned for residential
development and subdivided prior to the City's incorporation. The
proposed project as conditioned is consistent with the General Plan
adopted on July 25, 1995 in that it will maintain the integrity and not
degrade this residential area. Furthermore, it complies with the General
Plan land use designation of RL -Maximum 3 DU/AC since the project
site is 13,330 gross square feet.
The proposed project, as conditioned within this resolution, will maintain
the required. height for a residential structure; side and rear yard
setbacks; and lot coverage. Retaining walls will not exceed the exposed
height permitted by the Development Code.
The proposed project is consistent with the City's Design Guidelines
related to maintaining the integrity of residential neighborhoods and
open space. The proposed architectural style (Mediterranean) and
colors (earth tone) are compatible with other residences in the
surrounding neighborhood. The proposed residence is consistent in size
with other homes surrounding the project site.
(g) 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.
As referenced above in Finding (f), the proposed project is a single-
family residence, consistent with other single family residences
established and recently approved within this neighborhood. The project
site is large enough to accommodate the proposed project. As such,
the proposed residence is not expected to interfere with the use and
enjoyment of neighboring existing or future development. The proposed
residence is not expected to create traffic or pedestrian hazards due to
that fact that the use was planned with the tract's original approved
subdivision. Additionally, Chisolm Trail adequately serves the project
site (an existing vacant infill lot) and the existing neighborhood.
(h) The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain the
harmonious, orderly and attractive development contemplated by
Chapter 22.48.20. Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan.
The proposed project's architectural style (as referred to in the
application) is Mediterranean. This style is compatible with other
residences within Tract No. 37873
The proposed color palette is varying shades of earth tones. The
proposed materials (stone accent, stucco and wood and tile for the roof)
offer a variety of textures. Architectural features such as columns that
flank the front entry, window arrangement and style, varying levels and
planes on the front, rear and right side elevations creates interest and
reduces the massive appearance of the proposed residence. The
cupola -like structure on the roof provides light through the center of the
residence and ventilation at the main floor and is an architectural feature
that is necessary to the homeowner. However, staff believes that as
designed, it does not related to the roof line and window style of the front
facade of the residence. Staff is requiring that the cupola -like structure's
height be reduced by approximately 1.5 feet in order to following the
rooffine of the proposed residence. Staff is also requiring that the stone
accent be added to the columns that flank the front entry. With the
required change to the cupola -like structure and additional stone accent,
staff believes the proposed residence will provide a desirable
environment with good aesthetic use of materials, textures and colors
that will remain aesthetically appealing while offering variety. As a
result, the proposed project is compatible with the character of the
surrounding neighborhood and will maintain the harmonious, orderly and
attractive development contemplated by Chapter 22.48.20 Development
Review Standards, City Design Guidelines and the City's General Plan.
There is not an applicable specific plan for the project area.
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.
As referenced in the above Findings (f) through (h), 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 while offering variety in
color and texture related to stucco and stone accent and a low level of
maintenance.
(j) The proposed development will not be detrimental to 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
Before the issuance of any City permits, the proposed project is required
to comply with all conditions within the approved resolution and the
Building and Safety Division, Public Works Division, and Fire
Department requirements. The referenced agencies through the permit
and inspection process will ensure that the proposed project is not
detrimental to the public health, safety or welfare or materially injurious
to the properties or improvements in the vicinity.
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
0
Pursuant to the provisions of the California Environmental Quality Act
(CE0A), Section 15303(a), the City has determined that the project
identified above in this Resolution is categorically exempt. Furthermore,
the categorical exemption reflects the independent judgement of the City
of Diamond Bar.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
Planning Division
(a) The project shall substantially conform to site plan, grading plan, floor
plan, elevations, sections, final landscape/irrigation plan, and
colors/materials board collectively labeled as Exhibit "A" dated June 28,
2005, as submitted and approved by the Planning Commission, and as
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) Prior to the issuance of any City permits, the applicant shall submit a
final landscape/irrigation plan for the City's review and approval. Said
plan shall delineate species, location, size and quantity of all plant
material. Landscaping for the rear slope shall include larger size shrubs
and trees (varying in size with minimum five gallon) and vines to reduce
the impact of the rear walls as viewed from Grand Avenue. Also, it is
required that Myraporum be planted on the rear slope as was required
for the other new homes approved on Chisolm Trail. All landscaping
and irrigation shall be installed prior the final inspection and Certificate of
Occupancy
(d) Retaining walls within the rear and side yards shall not exceed an
exposed height of six feet as delineated in Exhibit "A". Retaining
walls/walls within the front yard setback shall not exceed an exposed
height of 42 inches. Rear retaining wall shall be faced with Suede
Drystack Ledgestone (CSV -2010) utilize on the residence and as
delineated on Sheet A 3.2 of Exhibit "A".
I
(e) Suede Drystack Ledgestone (CSV -2010) shall be added to the columns
at the front entry of the residence.
The first six feet of the front yards (as measured from behind the
sidewalk is City property. Retaining walls/ walls or structures shall not be
constructed within said six feet.
(g) Prior to plan check submittal, the applicant shall submit revised
elevations delineating a height reduction of approximately 1.5 feet of the
cupola -like structure's height, thereby following the roofline of the
residence. Additionally, an architectural treatment shall be added to the
top of the chimney.
(h) The single-family residence shall not be utilized
in a manner that creates adverse effects (i.e., significant levels of dust,
glare/light, noise, odor, traffic, or other disturbances) upon the
neighborhood and environmental setting. Additionally, the single-family
residence shall not result in significantly adverse effects on public
services or resources. No portion of the residence shall be rented, used
for commercial/institutional purposes, or otherwise utilized as a separate
dwelling. The property shall not be used for regular gatherings that
result in a nuisance or create traffic and parking problems in the
neighborhood.
BuildingandSafety Division
Prior to construction, the applicant shall install temporary construction
fencing along the project perimeter pursuant to the Building and Safety
Division's requirements.
Plans shall conform to State and Local Building Code (i.e., 2001 Uniform
Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and
the 2001 National Electrical Code) requirements.
(k) Footings shall be designed for expansive soil.
(1) All retaining walls shall be approved by the Building and Safety Division.
The proposed single-family residence is located within "high fire zone"
and shall meet all requirements of said zone.
(1) All roof covering shall be "Fire Retardant." Tile roof 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 or more than 1/2 inch in dimension except where such
51
openings are equipped with sash or door.
(4) Chimneys shall have spark arrests of maximum 1/2 inch screen.
(n) Construction plans shall be engineered to meet wind loads of 80 M.P.H.
with a "C" exposure.
(o) The residence shall be plan checked as a three story home and shall
require a second exist from the third story.
(p) The proposed residence shall comply with the State Energy
Conservation Standards.
(q) Surface water shall drain away from the proposed residence at a two -
percent minimum slope.
(r) On a revised site plan, the applicant shall delineate the location of the
balcony.
Public Works -Division
(s) Prior to the issuance of a building permit, a geotechnical report shall be
submitted by a Geotechnical Engineer, licensed by the State of
California, for approval by the City.
(t) Upon approval of the Geotechnical Report, the applicant shall submit a
drainage and grading plan prepared by a Civil Engineer, licensed by the
State of California, for approval by the City.
(u) Prior to the issuance of any City permits, the applicant shall submit a
grading plan, prepared by a civil engineer, licensed by the State of
California, in accordance with the City's grading requirements using the
correct title block format for the City's approval. The grading plan shall
delineate the following:
(1) Cut and fill quantities with calculations;
(2) Existing and proposed topography;
(3) Flow lines and drainage/drainage outlets;
(4) Delineate the location of all retaining walls; and
(5) Retaining walls' elevations at top of wall and finished grade onboth
sides of the wall, calculations and detail to show how runoffs
behind the retaining wall will be mitigated.
(v) Retaining wall calculations shall be submitted to the Building and Safety
Division for approval with the grading plan.
(w) The applicant shall provide service connection for water, sewer, gas,
electric, etc.
(x) Upon approval of the geotechnical report, the applicant shall submit an
erosion control plan concurrently with the grading plan clearly delineating
erosion control measures for the City's review and approval. These
measures shall be implemented during construction between October 15
and April 15. The erosion control plan shall conform to National
Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP's) during
and after construction. Additionally, the applicant shall obtain the
necessary NPDES permits.
(y) Applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City engineer. Best
Management Practices (BMP's) are required to be incorporated into the
project plans for both construction and post construction activities.
BMP's are detailed in the latest edition of the California Storm Water
Best Management Practices Handbook or BMP's Fact Sheets can be
obtained through the Public Works Division.
W All drainage/runoff from the subject property shall be conveyed from the
site to the natural drainage course. No on-site drainage shall be
conveyed to adjacent parcels. Prior to the issuance of any City permits,
the applicant shall submit a hydrology study for the City's review and
approval.
(aa) Prior to the issuance of any City permits, the applicant shall submit
calculations for the proposed rip -rap on the grading plan for City review
and approval.
(bb) Finished slopes shall conform to Development Code Section 22.22-080
indicating that the maximum allowed shall be 2:1.
(cc) Prior to the issuance of a building permit, a pre -construction meeting
shall be held at the project site with grading contractor, applicant, and
City grading inspector at least 48 hours prior to commencing grading
operations.
(dd) Rough grading certification by the project soils engineer shall be
submitted prior to issuance of building permits for the foundation of the
residential structure.
(ee) Final grade certification by the project soils and civil engineers shall be
submitted to the Public Work Division prior to the any final
inspections/certificate of occupancy.
(ff) Applicant shall construct a five-foot wide sidewalk (the length of the
subject property's frontage) behind the existing curb and.a new driveway
approach. All public improvement shall be approved by the City
Engineer, constructed with an encroachment permit and completed prior
to final inspection/certificate of occupancy issuance.
I
(gg) This approval is valid for two years and shall be exercised (i.e.,
construction started) within that period or this approval shall expire. A
one-year extension of time maybe 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.
(hh) This approval shall not be effective for any purpose until the permittee
and owner of the property involved (if other than the permittee) has filed,
within fifteen (30) days of this project's approval, 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 approval. Further, this approval shall not be effective until the
permittee pays remaining City processing fees, school fees and fees for
the review of submitted reports.
(ii) 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:
Mr. Mitchell Won, 5719 Paramount Lane, Pico Rivera, CA 90660 and Mr.
Brent Hallam, Westwood Design, 133 E. Bonita Avenue, Suite 202, San
Dimas, CA 91773
APPROVED AND ADOPTED THIS 28TH DAYOF JUNE 2005, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
43
Joe McManus, Chairman
I
I, 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 28th day of June
2005, by the following vote:
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
James DeStefano, Secretary
10
N
U)
��.:: -
o ;�:
NEW
°Qtl
rn
_
�P \� E to ( F�� OO
r 4 I G N
�� 3ADG�D u
nil N,
m
A
- d h7
cnPrz l -M
-drU 00n
rn
N n o
3-uOC7ti m
=1�htNin�O�m
Pyr
z
O
rr0�1i1���-n
y
-t03,zrnt„zA
li,
D
a
r 4
1w
>
z m
R
u
m
m
.11. JUL
112'.15
e
R
i
�.J
c1
v
o
a
U)
��.:: -
o ;�:
NEW
°Qtl
rn
_
�P \� E to ( F�� OO
r 4 I G N
�� 3ADG�D u
nil N,
m
A
- d h7
cnPrz l -M
-drU 00n
rn
N n o
3-uOC7ti m
=1�htNin�O�m
Pyr
z
O
rr0�1i1���-n
y
-t03,zrnt„zA
li,
D
a
r 4
1w
>
z m
R
u
m
m
.11. JUL
O
I
SITE —PLAN
��.:: -
o ;�:
NEW
°Qtl
rrom HM
11% CNILftM *MAL m
Ds= BAR, GA MUS
W
_
�P \� E to ( F�� OO
r 4 I G N
�� 3ADG�D u
nil N,
m
A
Pyr
z
040 S
���
D
a
SITE —PLAN
��.:: -
o ;�:
NEW
°Qtl
rrom HM
11% CNILftM *MAL m
Ds= BAR, GA MUS
W
_
�P \� E to ( F�� OO
r 4 I G N
U.D
Lu
al01
NEW NOME
mmcm WON PENDM=
IIM 01111.9011 7'RNL DIC
4 DIAMOND 6AR� CA 91765
w
ML fa on."a
WESTW0
O
. E 9 1 r N 1
'h. � 'n. � 'n.
- _____�__�� NEW HOME
w9ougow
WESTWOO]
��'
�h: ��:
Nl
I
c
0
-u
m
70
O
O
70
NEW 140ME
MM04EL NM RE&DENCE
w
11
STWOOE 8 a N
*SIAN
SVH=
1121'
/
/
/
/
/
/
f-- 25'-D"
211-311
`' - NEW NOME
H - MITCHA. WON RESIDENCE
Q{IL90F7 '1RAIL OR.
w OI &WO BAR, CA 4I7
66
S
W9
moME-
`'F
n. aawi a nas Beer
wan�'r�+a
WESTWOOD
n F e I a N _.
__
:t'
�h: h:
�.
.< .:t'
�. h: ��:
INK
a..�
CONCEPTUALGRADINGPLAN
N ' a ? 1198 Cffi90LM7RAIL DR "m
v �
�F
�. h:
�n:
N
�
R
IL
4
y
Y
v^J
`!
m
-----r
(Im
}u� LU
ECONCEPTUAL GRADING PLAN ffsomTRAM DR
ssnvanwox
o � �
y
Y
v^J
`!
R
Q
O
oe
y
4
(Im
}u� LU
ECONCEPTUAL GRADING PLAN ffsomTRAM DR
ssnvanwox
o � �
PLANNING COMMISSION
AGENDARUORT
CITY 0FDMOND BAR_ 21825COPLEYDRIVE - DIAMOND BAR, CA 91765 _ TEL (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NUMBER:
MEETING DATE:
REPORT DATE:
CASE/FILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
pRo-p-ERTyOWNER/APPLICANT:
STAFF RECOmNENDATION:
June 28, 2005
June 15, 2005
Development Review 2005-19/Minor
Variance 2005-05/Minor Conditional Use
Permit No. 2005-05Tree Permit No.
2005-11
2141 Rusty Spur Road
(Tract 30091, Lot 112)
Diamond Bar, CA 91765
Approval to construct a three story
single-family residence with a three -car
garage, balconies and deck totaling to
approximately 7,100 square feet and
retaining walls within the front, rear and
side yards not to exceed an exposed
height of eight feet. The request also
includes the following: A Minor Variance
for a 20 percent reduction in the front
yard setback; a Minor Conditional Use
Permit for a driveway wider than 14 feet
at the street property line; and a Tree
Permit to remove, replace and protect
walnut trees.
Mr. and Mrs. Saeid Shantiyai
1250 Valley View Avenue
Pasadena, CA 91107
Approve Development Review No.
2005-19, Minor Variance No. 2005-05,
Minor Conditional Use Permit No. 2005-
05 and Tree Permit No. 2005-11.
The project site is located at 2141 Rusty Spur Road (Lot 12, Tract No. 30091) within a
gated community identified as "The Country Estates". The project site is rectangular
shaped and descending in elevation toward the rear property line. According to the tract
map, the project site is approximately 2.40 gross acres (104,544 gross square feet). The
tract map indicates a flood hazard and restricted use area within the rear portion of the
project site which begins approximately 165 feet from the front property line. The
proposed development is not within the flood hazard or restricted use areas.
General Plan and Zoning•
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 40,000 square feet (R-1-40,000). Generally, to the north, south east and west the
project site is surrounded by the R-1-40,000 (Single Family Residential -Minimum Lot Size
40,000 square feet) zone.
ANALYSIS.
A. Development..Applications/Review Authoritv
The proposed project consists of four applications, Development Review, Minor Variance,
Minor Conditional Use Permit and Tree Permit.
1. Per Development Code Section 22.48.020(a)1, a Development Review application is
required for the design review of a custom home on a vacant parcel.
2. Per Development Code Section 22.52, a Minor Variance is required to reduce the
front yard setback from 30 feet to 24 feet, which is within the maximum 20 percent
reduction.
3. Per Development Code Section 22.30.080(5), the maximum driveway width allowed
is 14 feet at street property line for garages setback more than 24 feet from the
street property line. A Minor Conditional Use Permit is required because the
proposed driveway width is 33 feet and set back 28 feet from front property line.
4. The applicant is requesting to remove four walnut trees and preserve two walnut
trees. Per Development Code Section 22.38, a Tree Permit application is required.
Development Code requires all applications to be processed simultaneously and
reviewed by the highest review authority. Since Planning Commission is the highest
review authority for the Development Review application, the Minor Conditional Use
Permit, Minor Variance and Tree Permit applications are reviewed by the Planning
Commission.
DR 200519 Page 2
B. 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 compliment t and add
to the economic, physical, and social character of the City. The process also ensures that
new development and intensification of exng development yields a pleasant living,
working, or shopping environment and attracts the interests of residents, workers,
shoppers, and visitors as the result of consistent exemplary design.
The comparison matrix below shows that the proposed project has met the development
standards for the R-1-40,000/RR zoning district.
DR 200519 Page 3
RR Zoning District
Meet
Development Feature
Requirements
Proposed
Requirement
R-1 40,000
Minimum Lot Area
40,000 square feet.
2.40 gross acres
(104,544 gross square
Yes
feet
1 Single -Family Dwelling
1 Single -Family Dwelling
Yes
Residential Density
Unit
Unit
Front yard setback
30 feet
24 to 28 feet
No*
Side yard setback (each)
10 & 15 feet
23 & 25 feet
Yes
25 feet
300+ feet
Yes
Rear setback
35 feet from natural or
35 feet from natural or
Yes
finished grade
finished grade
Building height limit
maximum)
Separation between
25 feet
73 feet (Lot 113 & vacant
Yes
adjacent residential
(Lot 111)
structures
Lot coverage
30 percent (maximum)
4 percent
Yes
As required by Chapter
Approximately 70 percent
22.24 (Landscaping);
of front yard will be
Yes
Landscaping
50 percent of front yard
landscaped
shall be landscaped
DR 200519 Page 3
Development Feature
RR Zoning District
Requirements7Proposed
R-1 40,000
Meet
Requirement
Retaining Walls (height)
8 feet (maximum
exposed)
8 feet (maximum
exposed)
Yes
Parking
2 car garage fully
enclosed (minimum)
3 car attached garage
Yes
Minor Variance requested for 20 percent reduction in front yard setback.
1. Architectural Features/Floor Plan Layout
The City's Design Guidelines have been established to encourage . a better
compatible building and site. design that improves the visual quality of the
surrounding area through aesthetically pleasing site planning, building design, and
landscape architecture. Additionally, a primary objective is to promote compatibility
with adjacent uses in order to minimize any potential negative impacts. In this case,
the proposed project is a single-family residence to be located among other single-
family homes of comparable size.
The proposed three-story residence has four bedrooms, four bathrooms, rumpus
room, recreation room, office, study, kitchen with nook, living and dinning rooms,
family room and laundry room and a three car garage.
The proposed architectural style is Mediterranean and one story at the street level.
Architectural features such as columns that flank the arched front entry, keystones
above windows and doors, window arrangement and style, varying levels and planes
on the front, rear and side elevations creates interest and reduces the massive
appearance of the proposed residence.
A variety of building materials in earth tone colors are proposed as follows:
Roof Concrete tile, US Tile - two piece mission tile, De Anza Blend, (terra
cotta/tan)
Stucco Frazee #7781 W - Enchilada (dark cream)
Columns Frazee #7772W - Pale Adobe
Garage door Amarr, steel, Classica Collection Tuscany (carriage house) White
Trim Frazee #7783M - Toasted Tan
Windows Aluminum, (white)
Stone veneer accent Eldora do Stone - Santa Barbara Coursed Stone (varying shades of tan)
The proposed architectural style and colors and size of the proposed residence are
consistent with Other homes surrounding the project site as well as within "The
Country Estates". The applicant is working with "The Country Estates" Architectural
Committee for its approval.
DR 2005-19 Ne 4
2. 1.
The conceptual grading plan indicates that approximately 146 cubic yards of cut, 46
cubic yards of fill and 95 cubic yards of imported earthwork are necessary to
adequately prepare the site and create a buildable pad. The cut and fill earthwork
will occur within the front portion of the project site. However, as part of this project's
conditions of approval, the applicant will be required to submit a final grading plan
and soils report for the City's Public Works and Building and Safety Divisions' review
and approval. Additionally, the drainage patterns and techniques shall be reviewed
and approved by the Public Works Division prior to any permit
t issuance. Surface
water shall drain away from the building at a 2% minimum ope.
3. Retaining Walls
Retaining walls are proposed within the front, side and rear portions of the project
site. The retaining walls vary in height with an exposed height not to exceed eight
feet. The retaining walls within the front yard are adjacent to the front entry and
driveway and will not exceed an exposed height of 42 inches. The retaining wall
adjacent to the driveway varies in exposed height from approximately one foot to
eight feet at the point where the retaining wall meets the garage.
Two retaining walls are located at the rear of the proposed residence. The purpose
of these retaining walls is to support the deck and pad for the residence due to the
sloping topography of the project site. These walls vary in height with the maximum
exposed height of seven feet.
4. Landscaping
The purpose of landscaping is to protect the public health, safety, and welfare by
preserving and enhancing the positive visual experience of the built environment
(Section 22.24-010). Therefore, landscaping and irrigation are an integral part of the
development project.
A landscape plan was submitted with this project's application, but it is incomplete.
The applicant will be required to submit a final landscape/irrigation plan prior to the
issuance of any City permits. The final landscape plan is required to include plant
species, location, size and quantity. For this project, it is required that the proposed
landscaping for the rear slope include larger size trees, shrubs and vines to reduce
the view impact of the rear retaining walls. All landscaping and irrigation shall be
installed prior the final inspection and Certificate of occupancy.
C. Minor Variance for Reduction in Front Yard Setback
Development Code Section 22.08.040 requires that a 30 foot front yard setback be
maintain in the FIR zoning district which is applicable to the proposed project. The
applicant is requesting to reduce the required front yard setback by six feet or 20 percent;
thereby maintaining a varying front yard setback of 24 to 28 feet.
DR 2005-19 Pa6e 5
The project site's constraints are its steepness and grade difference of 35 feet from Rusty
Spur Road/edge of pavement to the rear yard retaining wall that supports the developable
pad. The applicant has taken advantage of these constraints and designed the residence
with one story at the street level and reasonably terraced the remainder of the structure
down the rear slope. By reducing the front setback, the applicant will avoid taller retaining
walls or an additional retaining wall. The one story design at the street level will appear
less massive than two stories. Additionally, the view impact from the street will be less
insignificant than a two story residence. Therefore, staff believes that the 24 to 28 foot
front setback is appropriate for this project'.
D. Minor Conditional Use Permit•
The proposed driveway is approximately 33 feet Wide at the street
eet property line, which
exceeds the maximum standard of 14 feet for a garage that setback 24 feet. However,
wider and circular driveways are not uncommon within this gated community because the
lots are wider and can accommodate this type of driveway. Additionally, the fire
department requires that the proposed construction must be within 150 feet of a vehicular
access driveway that is 20 feet wide.
E. Trees Permit
The City's Development Code protects oak, walnut, sycamore, and willow trees and
pepper trees where feasible with a trunk diameter of eight inches or greater at breast
height (DBH) located on properties of more than one-half acre. The project site is
approximately 2.40 gross acres and contains a total of six walnut trees according to a tree
report prepared by Arbor Essence, dated June 4, 2005 and submitted by the applicant.
The report assessed the walnut trees as follows:
Tree N Species
Location
Size D13H
Health
Action
64
Walnut
Front yard/driveway
511/6.5l'
C (Average)
Remove
65
Walnut
Front yard/driveway
10" stomp
c-
Remove
67
Walnut
Front/side yard
47611
c
Preserve
68
Walnut
Garage area
411-611
c-
Remove
69
Walnut
Garage area
47/718'
c
Remove
72
Walnut
Rear/side yard
311/4'1/611
C
Preserve
Two walnut trees will remain and will require protection pursuant to Development Code
Section 22.30.140. Four walnut trees located within the proposed pad will be removed.
It is required that all walnut trees be plotted on the grading plan. Walnut trees numbered
67 and 72 shall be plotted with the protective chain link fencing for Planning Division
review and approval prior to grading plan submittal. This fencing shall be installed by the
applicant and verified by a City inspector prior to the issuance of any City permits and
shall remain until final inspection occurs.
DR2005-IgPd6e 6
Walnut trees numbered 64, 65, 68, and 69 shall be designated for removal on the grading
plan. As prescribed by the Development Code, the replacement ratio shall be 3:1 with 24
inch boxed walnut trees. it is required that all replacement walnut trees be plotted on the
final landscape plan for Planning Division review and approval prior to the issuance of
any City permits.
F. Additional —--Rev1ev.
The City's Public Works and Building and Safety Divisions reviewed this project. Their
recommendations are within the attached draft resolution.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section
15303(a) (new construction of one single-family residence), the City has determined that
this project is Categorically Exempt.
NOTICE OF PUBLIC I-T-ARING:
Notice for this project was published in the Inland Valley Bulletin and the San Gabriel
Valley Tribune On June 16, 2005. Public hearing notices were mailed to approximately 40
property owners within a 700 -foot radius of the project site and the public notice was
posted in three public places on June 10, 2005. Furthermore, the project site was posted
with a display board on June 15, 2005.
Staff recommends that the Planning
2005-19, Minor Variance No. 2005-05,
Permit No. 2005-11, Findings of Fact
attached resolution.
Prepared by:
h J. Lu
ociat lanner
Attachments:
Commission approve Development Review No.
Minor Conditional Use Permit No. 2005-05, Tree
and conditions of approval as listed within the
1. Draft Resolution;
2. Exhibit "A" - site plan, floor plan, elevations, sections, grading plan, landscape plan
and colors and materials board dated June 28, 2005;
3. Applications; ement tMaintain a Single Family Residenc20e;
4. Covenant and Agre bor Essence dated June 4, 05; and
5. Arborist Report prepared boAr
Y
6. Aerial.
DR 2005-19 Pa6e 7
A.
A
PLANNING COMMISSION
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT
REVIEW NO. 2005-19, MINOR VARIANCE NO. 2005-05, MINOR
CONDITIONAL USE PERMIT NO. 2005-05, TREE PERMIT NO.
2005-11 AND CATEGORICAL EXEMPTION, A REQUEST TO
CONSTRUCT A THREE STORY SINGLE-FAMILY RESIDENCE
WITH A THREE CAR GARAGE, BALCONIES AND DECK
TOTALING TO APPROXIMATELY 7,100 SQUARE FEET AND
RETAINING WALLS IN THE FRONT, REAR, AND SIDE YARDS
WITH A MAXIMUM EIGHT FOOT EXPOSED HEIGHT. THE
REQUEST ALSO INCLUDES THE FOLLOWING: A MINOR
VARIANCE FOR A 20 PERCENT REDUCTION IN THE FRONT
YARD SETBACK; A MINOR CONDITIONAL USE PERMIT FOR A
DRIVEWAY WIDER THAN 14 FEET AT THE STREET PROPERTY
LINE; AND A TREE PERMIT TO REMOVE, REPLACE AND
PROTECT WALNUT TREES. THE PROJECT SITE IS LOCATED
AT 2141 RUSTY SPUR ROAD (LOT 112, TRACT NO. 30091),
DIAMOND BAR, CALIFORNIA.
RECITALS.
1. The property owner, Mr. and Mrs. Saeid Shantiyai has filed an application or
Development Review No. 2005-19, Minor Variance 2005-05, Minor Conditional
Use Permit No. 2005-05, Tree Permit No. 2005-11 and categorical exemption
for a property located at 2141 Rusty Spur Road, Diamond Bar, Los Angeles
County, California. Hereinafter in this Resolution, the subject Development
Review and categorical exemption shall be referred to as the "Application."
2. On June 16, 2005, notification of the public hearing for this project was provided
in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers.
On June 11, 2005, public hearing notices were mailed to approximately 40
property owners within a 700 -foot radius of the project site and the public notice
was posted in three public places. Furthermore, on June 15, 2005, the project
site was posted with a display board.
3. On June 28, 2005, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
Resolution.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1
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 finds that the project identified above in this
Resolution is categorically exempt 'pursuant to Section 15303(a) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgement of the City of Diamond Bar.
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 on the findings and conclusions set forth herein, this Planning
Commission hereby finds as follows:
(a) The project relates to a site located at 2141 Rusty Spur Road (Lot 112,
Tract No. 30091). The project site is rectangular shaped and
descending in elevation toward the rear property line. According to the
tract map, the project site is approximately 2.40 gross acres (104,544
gross square feet). The tract map indicates a flood hazard and restricted
use area within the rear portion of the project site which begins
approximately 165 feet from the front property line. The proposed
development is not within the flood hazard or restricted use areas.
(b) The project site has a General Plan land use designation of Rural
Residential (RR) Maximum 1 DU/AC.
(c) The project site is within the Single Family Residence -Minimum Lot Size
40,000 Square Feet (R-1-40,000) Zone interpreted as Rural Residential
(RR) Maximum 1 DU/Acre Zone.
(d) Generally, the following zone surrounds the project site: to the north,
south east and west of the project site is the R-1-40,000 zone.
(e) The Application request is for approval to construct a three story single-
family residence with a three -car garage, balconies and deck totaling to
approximately 7,100 square feet and retaining walls within the front, rear
and side yards not to exceed an exposed height of eight feet. The
request also includes the following: A Minor Variance for a 20 percent
reduction in the front yard setback; a Minor Conditional Use Permit for a
driveway wider than 14 feet at the street property line; and a Tree Permit
to remove, replace and protect walnut trees.
I
Development Review
The design and layout of the proposed development is consistent with
the applicable elements 'of the City's General Plan, City Design
Guidelines, and development standards of the applicable district, design
guidelines, and architectural criteria for special areas (e.g., theme areas,
specific plans, community plans, boulevards or planned developments).
The project site is an existing vacant infill lot planned for residential
development and subdivided prior to the City's incorporation. The
proposed project as conditioned is consistent with the General Plan
adopted on July 25, 1995 in that it will maintain the integrity and not
degrade this residential area. Furthermore, it complies with the General
Plan land use designation and density of RR -Maximum 1 DU/AC since
the project site is 2.40 gross square feet.
The proposed project, as conditioned within this resolution, will maintain
the required. height for a residential structure; side and rear yard
setbacks; lot coverage; and wall heights. Retaining walls will not exceed
an exposed height of eight feet in the rear and side yards and an
exposed height of 42 inches in the front setback as permitted by the
Development Code.
The proposed project is consistent with the City's Design Guidelines
related to maintaining the integrity of residential neighborhoods and
open space. The proposed architectural style (Mediterranean) and
colors (earth tone) are compatible with other residences in the
surrounding neighborhood. The proposed residence is consistent in size
with other homes surrounding the project site.
(g) 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.
As referenced above in Finding (f), the proposed project is a single-
family residence, consistent with other single family residences
established and recently approved within this neighborhood. The project
site is large enough to accommodate the proposed project. As such,
the proposed residence is not expected to interfere with the use and
enjoyment of neighboring existing or future development. The proposed
residence is not expected to create traffic or pedestrian hazards due to
that fact that the use was planned with the tract's original approved
subdivision. Additionally, Rusty Spur Road is a private street within 'The
County Estates'; maintained by the homeowners' association and
adequately serves the project site (an existing vacant infill lot) and the
existing neighborhood.
(h) The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain the
harmonious, orderly and attractive development contemplated by
9
Chapter 22.48.20. Development Review Standards, City Design
Guidelines, the City's General Plan, or any applicable specific plan.
The proposed project's architectural style (as referred to in the
application) is Mediterranean and one story at the street level.
Architectural'features such as columns that flank the arched front entry,
keystones above windows and doors, window arrangement and style,
varying levels and planes on the front, rear and side elevations creates
interest and reduces the massive appearance of the proposed
residence.
A variety of building materials in earth tone colors are proposed as
follows:
Roof
Concrete tile, US Tile — two piece mission tile, De Anza Blend,
(terra cotta/tan)
Stucco
Frazee #7781 W — Enchilada (dark cream)
Columns
Frazee #7772W —Pale Adobe
Garage door
Amarr, steel, Classica Collection Tuscany (carriage house)'
White
Trim
Frazee #7783M — Toasted Tan
Windows
Aluminum, (white)
Stone veneer accent
Eldora do Stone — Santa Barbara Coursed Stone (varying
shades of tan)
The proposed architectural style and colors and size of the proposed
residence are consistent with other homes surrounding the project site
as well as within 'The Country Estates" The applicant is working with
`The Country Estates" Architectural Committee for its approval.
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.
As referenced in the above Findings (f) through (h), 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 while offering variety in
color and texture related to stucco and stone accent and a low level of
maintenance.
The proposed development will not be detrimental to 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
Before the issuance of any City permits, the proposed project is required
to comply with all conditions within the approved resolution and the
N
Building and Safety Division, Public Works Division, and Fire
Department requirements. The referenced agencies through the permit
and inspection process will ensure that the proposed project is not
detrimental to the public health, safety or welfare or materially injurious
to the properties or improvements in the vicinity.
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
pursuant to the provisions of the California Environmental Quality Act
(CEOA), Section 15303(a), the City has determined that the project
identified above in this Resolution is categorically exempt. Furthermore,
the categorical exemption reflects the independent judgement of the City
of Diamond Bar.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves . the Application subject to the following
conditions:
ELannina Division
(a) The project shall substantially conform to site plan, grading plan, floor
plan, elevations, sections, final landscape/irrigation plan, and
colors/materials board collectively labeled as Exhibit "A" dated June 28,
2005, as submitted and approved by the Planning Commission, and as
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) Prior to the issuance of any City permits, the applicant shall submit a
final landscape/irrigation plan for the City's review and approval. Said
plan shall delineate species, location, size and quantity of all plant
material. Landscaping for the rear slope shall include larger size shrubs
and trees (varying in size with minimum five gallon) and vines to reduce
the impact of the rear walls as viewed from other properties. Also, it is
required that all replacement walnut trees (12 — 24 inch boxed size) be
plotted on the final landscape plan for Planning Division review and
approval prior to the issuance of any City permits. Furthermore, the final be
landscape plan shall delineate that 50 percent of the front yard will
9
landscaped with plant material. All landscaping and irrigation shall be
installed prior the final inspection,and Certificate of Occupancy
(d) Retaining walls within the rear and side yards shall not exceed an
exposed height of eight feet as delineated in Exhibit "A". Retaining
walls/walls within the front yard setback shall not exceed an exposed
height of 42 inches. Rear retaining wall shall be decorative block and
earth tone in color.
(e) The single-family residence shall not be used in a manner that
creates adverse effects (i.e., significant levels of dust, glare/light, noise,
odor, traffic, or other disturbances) upon the neighborhood and
environmental setting. Additionally, the single-family residence shall not
result in significantly adverse effects on public services or resources. No
portion of the residence shall be rented, used for commercial/institutional
purposes, or otherwise utilized as a separate dwelling. The property
shall not be used for regular gatherings that result in a nuisance or
create traffic and parking problems in the neighborhood.
The owner shall complete and record
Maintain a Single Family Residence"
City. The covenant must be comple
Angeles County's Recorder's Office
permit.
BuildincLand Safety Division
a "Covenant and Agreement to
on a form to be provided by the
ted and recorded with the Los
prior to the issuance of any City
(g) Prior to construction, the applicant shall install temporary construction
fencing along the project perimeter pursuant to the Building and Safety
Division's requirements.
(h) Residential structure shall be designed to meet Section 18 of the
Building Code (building setback from top of slope h/3). Additionally, a
geotechnical report shall address this design requirement.
W Residential structure shall be plan check as three stories.
Plans shall conform to State and Local Building Code (i.e., 2001 Uniform
Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and
the 2001 National Electrical Code) requirements.
(k) Footings shall be designed for expansive soil.
(1) All retaining walls shall be approved by the Building and Safety Division.
(m) The proposed single-family residence is located within "high fire zone"
and shall meet all requirements of said zone.
6
(1) All roof covering shall be "Fire Retardant." Tile roof 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 or more than 1/2 inch in dimension except where such
openings are equipped with sash or door.
(4) Chimneys shall have spark arrests of maximum 1/2 inch screen.
(n) Construction plans shall be engineered to meet wind loads of 8o M.P.H.
with a "C" exposure.
(o) The residence shall be plan checked as a three story home and shall
require a second exist from the third story.
(p) The proposed residence shall comply with the State Energy
Conservation Standards.
(q) Surface water shall drain away from the proposed residence at a two -
percent minimum slope.
(r) On a revised site plan, the applicant shall delineate the location of the
balcony.
Public Works Division
(s) Prior to building plan check, a geotechnical report shall be submitted by
a Geotechnical Engineer, licensed by the State of California, for approval
by the City.
(t) Upon approval of the Geotechnical Report, the applicant shall submit a
drainage and grading plan prepared by a Civil Engineer, licensed by the
State of California, for approval by the City.
(u) Prior to the issuance of any City permits, the applicant shall submit a
grading plan, prepared by a civil engineer, licensed by the State of
California, in accordance with the City's grading requirements using the
correct title block format for the City's approval. The grading plan shall
delineate the following:
(1) Cut and fill quantities with calculations;
(2) Existing and proposed topography;
(3) Flow lines and drainage/drainage outlets;
(4) Delineate the location of all retaining walls; and
(5) Retaining walls' elevations at top of wall and finished grade on both
sides of the wall, calculations and detail to show how runoffs
behind the retaining wall will be mitigated.
IN
(v) Retaining wall calculations shall be submitted to the Building and Safety
Division for approval with the grading plan.
(w) The applicant shall provide service connection for water, sewer, gas,
electric, etc.
(x) Upon approval of the geotechnical report, the applicant shall submit an
erosion control plan concurrently with the grading plan clearly delineating
erosion control measures for the City's review and approval. These
measures shall be implemented during construction between October 15
and April 15. The erosion control plan shall conform to National
Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP's) during
and after construction. Additionally, the applicant shall obtain the
necessary NPDES permits.
(Y) Applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City engineer. Best
Management Practices (BMP's) are required to be incorporated into the
project plans for both construction and post construction activities.
BMP's are detailed in the latest edition of the California Storm Water
Best Management Practices Handbook or BMP's Fact Sheets can be -
obtained through the Public Works Division.
(z) All drainage/runoff from the subject property shall be conveyed from the
site to the natural drainage course. No on-site drainage shall be
conveyed to adjacent parcels. Prior to the issuance of any City permits,
the applicant shall submit a hydrology study for the City's review and
approval.
(aa) Prior to the issuance of any City permits, the applicant shall submit
calculations for the proposed rip -rap on the grading plan for City review
and approval.
(bb) Finished slopes shall conform to Development Code Section 22.22.080
indicating that the maximum allowed shall be 2:1.
(cc) Prior to the issuance of a building permit, a pre -construction meeting
shall be held at the project site with grading contractor, applicant, and
City grading inspector at least 48 hours prior to commencing grading
operations.
(dd) Rough grading certification by the project soils engineer shall be
submitted prior to issuance of building permits for the foundation of the
residential structure.
(ee) Final grade certification by the project soils and civil engineers shall be
submitted to the Public Work Division prior to the any final
inspections/certificate of occupancy.
8
(ff) This approval is valid for two years and shall be exercised (i.e.,
construction started) within that period or this approval shall expire. A
one-year extension of time 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.
(gg) This approval shall not be effective for any purpose until the permittee
and owner of the property involved (if other than the permittee) has filed,
within fifteen (30) days of this project's approval, 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 approval. Further, this approval shall not be effective until the
permittee pays remaining City processing fees, school fees and fees for
the review of submitted reports.
(hh) 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:
Mr. and Mrs. Saeid Shantiyai, 1250 Valley View Avenue, Pasadena, CA
91107.
APPROVED AND ADOPTED THIS 28TH DAYOF JUNE 2005, BY THE
'K'LANNING COMMISSION OF THE CITY OF DIAMOND BAR.
in
Joe McManus, Chairman
I, 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 28th day of June
2005, by the following vote: I .
ATTEST:
AYES:
NOES:
ABSENT:
ABSTAIN:
James DeStefano, Secretary
n
RECORDING REQUEST BY:
City of Diamond Bar
WHEN RECORDED MAIL TO:
City of Diamond Bar
21825 Copley Drive,
Diamond Bar, CA 91765
COVENANT AND AGREEMENT TO
MAINTAIN A SINGLE FAMILY RESIDENCE
Murivir-im i p-1-mv
CONDITIONAL USE PERMIT N0.2005-05/TREE PERMIT N0.2005-11
The undersigned hereby certify that —is/are
the owner(s) of the hereinafter described real property located at 2141 Rusty Spur in
the City of Diamond Bar, County of Los Angeles, State of California, commonly known
as:
Legally described asLot. g Lot 112 of Tract No.300?....... 2 j_
Assessor's Rnnand Parcel Number APN 8713-031-015 �
And, I/we do hereby covenant and agree for ourselves, heirs, assigns,
transferees and successors, with the City of Diamond Bar (hereinafter "City") that the
above described property shall be used/maintained for single family residential
purposes only.
This covenant and agreement shall run with the land and shall be binding upon
ourselves, future owners, their heirs, and successors and assignees and shall continue
in effect until and unless approved otherwise by the City of Diamond Bar is specifically
intended that the benefits and burdens of this covenant run with the land.
If the City is required to bring legal action to enforce this covenant, then the city
shall be entitled to its attorney fees and court costs.
a
z
FA
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On this day of . 2005 before me the undersigned Notary
Public in and for said State, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that executed the same in
authorized capacity(ies), and that by signature(s)
on the instrument the person(s) or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Notary Public in and for said State
Arbo 0
ssence
CIT 't 0= r ! 1
GCS' r E.
2 CS 11s� —9 Pf 1a: L�9
June 4, 2005 . .
Mr. Saeid Shantiyai
1055 East Colorado Blvd., Suite 400
Pasadena, CA 91106
Regarding: Tree Report
2141 Rusty Spur Rd.
Diamond Bar, CA
Dear Mr. Shantiyai,
At your request I visited the above referenced project on June 3, 2005, to perform an
inventory and evaluation of trees on site as mandated by the- city of Diamond Bar.
The scope of work includes a complete inventory of all protected trees on site with hunk -
diameters of eight inches or greater. All trees have be tagged and assessed for health,
structural soundness and potential impact due to proposed construction. Mitigation
measures if required will also be provided to instire preservation of trees near areas of
development. In addition to the'above referenced criteria some trees measuring less than
8" are also included in this study.
All tree evaluations were performed from ground level; no extensive or invasive
diagnostics were employed for this tree study. Trunk diameter is measured at 54" above
ground level, tree heights are approximate and canopy spread is averaged. For
identification purposes, round aluminum numbered tags have been placed on the trunks
of all inventoried trees. Please refer to the site plan for tree locations. There is one tree
that was not tagged due to accessibility issues, the tree is a toyon (Heteromeles
arbutifolia) located at the s/w comer of the property.
Summary.
A total of (13) trees have been identified as part of this study. Protected trees were found
on the project site, these include (6) California walnut (Juglans californica) all others are
non -protected species.
Tree Report June 4, 20105
2141 Rusty Spur Rd. Page 2
The applicant proposes to remove all plant material in the immediate area of
construction; this includes (4) California walnuts, #64,65,68 & 69. .
Overview of site and Droinosed construction
Currently the site is an undeveloped vacant lot. Terrain is a steep slope facing south.
The site is covered in dense brush and trees making it nearly impenetrable.
Proposed development involves the construction of a single-family home, concrete
driveway and three -car garage. /
Potential project impacts to trees
All trees in the immediate construction area are to be removed; the large toyon, walnut
tree #67 & 72 and plants at the base of the slope will remain undisturbed as natural
habitat. Mitigation for the removal of the (4) protected tree species requires replacements
at 3:1, using .24 -inch box trees. Replacement trees can be planted anywhere in the
naturalized slope area using approved tree species; depending on species and
environment they may also be incorporated into the landscape.
Tree Condition and hating System
Please refer to spreadsheet for tree information.
A — Outstanding: A healthy, sound and vigorous tree characteristic of its species and
reasonably free of any visible signs of stress, structural. problems, disease or pest
infestation
B — Above average: A stealthy, sound and vigorous tree with minor signs of stress,
disease and or pest infestation
C — Average: Although healthy in overall appearance there exists an abnormal amount of
stress, pest infestation or visual signs of minor structural problems. Survivability of tree
not threatened.
D — Below Average/Poor: This tree is characterized by exhibiting a great degree of
stress, pests or diseases, and appears to be in a rapid state of decline. The degree of
decline can vary greatly and may include dieback or advanced stages of pests or diseases'
There may also be visual signs of structural problems such as cavities, decay or damaged
roots
F - Dead: This tree exhibits no sign of life whatsoever
Conclusion
With the exception of the large toyon and California walnuts #67 & 72, all other plant -
material is to be removed, based on, proposed development. The toyon and walnuts #67
& 72 ase well outside the construction area and will not be encroached upon or impacted.
Tree Report
2141 Rusty Spur Rd.
June 4, 2005
. Page 3
Recounnendations and Mitigation Measures
I Install protective fencing around the dripline of the toyon tree at the s/w comer of
the property and walnut trees #67 &12; fencing shall remain in place throughout
construction.
2. Construction in ' aterials or debris -shall not be stored or disposed of within the
protected zone of any tree
.3. Mitigation for the removal of protected tree species requires replacement trees at
3-1 ratio with a minimum size of 24 -inch box*. Recommended replacement
species is coast live oak (Quercus agrifolla), California pepper (Schinus molle),.
California sycamore (Platanus racemosa), or other species if approved by the
City.
It should be noted that the study of trees is not an.'exact science and arboriculture does not I
detect or predict with any ceitainty. The arborisf therefore is not responsible for tree
defects. or soil conditions that cannot be identified by a prudent and reasonable
inspection.
If you should have any questions or require other services please contact me at the
number listed below.
Respectfully,
Arbor Essence
Kerry Norman
ISA Certified Arborist #WC -3643
ASCA member, American Society of Consulting Arborists
RIP-PP.Pl i
-6
cr-
r.L
>m
0
E
cc
C4
W
E
co
0
-n
4-J
u
co
a
2
E
ID
V)(D
4-J>
�EwT�gr-a)-nw
-
(D
>
0-
>
ol
>
0-
a
0
E
o
E
41
In
'
E
0
E
0
E
o=
E
0
E
E
ECD
-owwo'
0
-W
=
o
i>
w o
w
E
0
8
E
0
AD
U)
CLI
CLto.
Tj-
u
u
0
*rl
O
L 0
E
OD
(n
0i
N
OD
It
LO
0
m
CQ
�n
b
�n
bi
b
b
CIJ
C\l
N
M
M
CQ
O
ED
w
Lo
to
O
b
to
En
rz
FQ
&J
b
—
—
—
—
—
CIQ
I
cn
E
E
C\i
C\j
(1)
4a
Cli
LO
a)
4'
co
U
0-1
C
rz
CL
JR,
q,
0
A2
-0
(D
-0
41
c:3;:E—EEErm-PE'u`
'S2
,
cl
0
E
Je
'2
'R
'2
o
E
o
E
E
ol
0
E
0
Qi
3
ca
u
m
u
cc I
-j
m
u
m
u
m
u
0
-j
a)
-j
w
u
w
-j
3
12
M
'R5
M
A't'
cn
st
LO
to
I*
4M0
Co.
O
CD
CD
w
CO
CD
CO
r-.
N
2141 Rusty Spur Rd.
Diamond Bar, CA
Photos taken 6/3/05
6
C
r
s
r
Q z =z m j o
o m i
000 00 S�Nr o a29p90°�� m es o
�o���«
z IM 6 room z mm c.aoe9` ogs: ai3Es° ° o� v
^n
HUM
� z z m�omrn zzr�og �� G8
y HUR n
a , 111 A Essfm
cn ilk
SS
A VC.
m S S
zq� m 3• z �t
-` IM10
C13 AMR
s a 1-0 —
a
;'
��: �� �h:
9-
I
9
€'
..�
_
. 1
h.
Z
D
m
U)
0
m
z
0
m
D
I
O
Ie
H
NO
101
EO
O
I
NI
0
101
EO
s
L
C
0
N
O
Z
D
m
U)
0
m
z
0
m
D
I
O
Ie
H
NO
101
EO
O
I
NI
0
101
EO
s
L
C
0
HIM
�o
m
y m
Cl)
M
4 p
VT)
.r
D
Z
m
U)
0
m
n
m
Vr
10 m
o G)
9 v
z
®
f
/
N2170'16Y
617.91'
T_7
I
OD
4pp��
�Zo
// //---
W N
I
--
If
iD9L4F 7J--�--
It
\
«<777
\
Vr
10 m
o G)
9 v
z
:� � �t ��'
--= �: '�-
|
i
|
i
|
|
�
|
i
. /
| |
| |
| |
i }
| |
| |
| |
| i
| |
�
|
\
i
\
|
i
�
i
| |
| |
| |
| |
| |
| |
| |
| |
| |
� � m
|
|
[~
�
| |
| |
|
cn
|
|
|
kc
| i
.
�
| \
\
10
\
\
\
|
\
/
\
\
\
\
|»
\
\ \
�
\ \
|
\ \
|
\ \
)
\ \
|
\ \
\
\ \
|
\ \
|
|
\ \
\ \
|
\
�
� � m
K~
.%
.
�
" ^K �
v
ON
za
�c
n�
m
-n c
z
5; E
gi
�' 1 ,t �� It„fj
m
'mz
z
00
”
b' 0
� 11
9
II Nm
A1
y {
O
0�
K
PLANTER
z
00
9
� 11
rn
r
O
�
A
z
Z
II Nm
A1
y {
O
0�
K
PLANTER
.��C .��C ..'C
A �.
No
1FRI
111g,
o
V/
Z
z
m
0
m
z
C)
P,
Cf)
T
..L
D
z
A
m
U)
0
m
z
u
e
e
a5S9m
0
O
91
RHOIll
ip
O
Cf)
T
..L
D
z
A
m
U)
0
m
z
u
e
e
a5S9m
Igo
CD
Z
z
m
C/)
5
m
z
0
m
3i
mm
EH M FFI
nq 8
Egg
;60
93
XM
9 C/3
EB EB
.�C ,�C
�. � �. � �.
0(D
r
m
0
z
Will
lip
I 'I
EB
EH 1B [H EB!
� �
5 1;4 j BP§ m
� kt
0(D
r
m
0
z
EB
EH 1B [H EB!
Sr
5 1;4 j BP§ m
�
)�§ ; m
lip
H
r
ED EH EB ER
>
z
EN ,
o
Z:�:
§ ) 2
0
n C m
\\
m
Z
0
m
B1 M-. ED
z
0
m
m EG HI EH M- ER EH ER co EH
P.z z Im,
g,
MCD
0
z
0
m
m EG HI EH M- ER EH ER co EH
P.z z Im,
g,
m
ri m
0
Cl)
m
>
z
O!i
Z I-
00 c
>
m
Cl)
z
m
z
0
m
RUT p
Rl Rl FQ
ED
EH ER
EB
EH
EH EH M M
All I, I a
�'C �F
..,F .��C ..�C
330
0
g
Cil
RONU
1
O
Kil-
Hill
Be
g1 H
� � X
l
91
gig
$ m
N I
A O
Z
� v
W
V
r
v z
o
ZA
m�
O:p
m
cn
!� o
m
z
n
m
a
w
a
C4
�a
A
eE)
p
a
alp
L•'
Opp
_ _ _ . . . . . " 9 P 9 : 0 0 pp
.. .
. ► . M
W• prU -�i ;I l Z o
a i�1�af
rn
oil off' -1
z 1� —1
EA
�� Z ° � ' N ��a � °pg •
3
N 3 v C
� X C"7
� p Z
a � �
N 'O
A
'�
E
S giggix
�A�
T
o
Y5
(
z
o
I
I
lr�
aY
�A�
Z
(
I
I
35 o
I
Y
co
a C
n
and p c g g 3
� g N
K
o Z
1
_
( I
I
I I z
,e
e G
PSP MED
1
1
1 I
I
C
\
�l
I
I
�A�
Z
N
0
a C
n
and p c g g 3
� g N
K
o Z
_
vi ml. / � <
70
I I z
,e
e G
PSP MED
PLANNING COMMISSION
AGENDA REPORT
839-7030—FAX (909) 861-3117—www.Cityofdiamondbar�com
21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909)
AGENDA ITEM NUMBER:
MEETING DATE: June 28, 2005
REPORT DATE: June 20, 2005
CASE/FILE NUMBER- Development Review No. 2004-45
PROJECT LOCATION: 1470 S. Valley Vista Drive
(APN: 8293-050-010)
APPLICATION REQUEST: A request to establish University of Phoenix private
college in a leased space of 8,560 square feet within
an existing office building
1470 S. Valley Vista Drive, LLC, 4641 District
PROPERTY OWNER. Boulevard, Vernon, CA 90058
APPLICANT: Apollo Group, Inc., Harlan Lindholm, 4305 Hidden
Oaks, Yorba Linda, CA 92886
APPLICANT'S AGENT: CB, Richard Ellis, Inc., Travis Boyd, 3501 Jamboree
Road, #100, Newport Beach, CA 92660
STAFF Approve
RECOMMENDATION:
DR 2004-45 - PAGE 1
IN -
Currently University of Phoenix is located at 1370 Valley Vista Drive. They need to expand
their facility and propose to lease approximately 8,560 square feet of office space for
setting up additional classrooms. The office complex they have chosen for the expansion
is immediately south of their existing facility within the Gateway Corporate Center. The
office complex (1470 Valley Vista Drive) sits on 3.59 -acre parcel and was developed in
1988 with a 52,153 gross square feet two story building and 188 parking spaces.
ANALYSIS:
A. Review Authority
The change in use from office to school is a substantial change or land use
intensification, which requires the discretionary Development Review process subject
to the Planning Commission review per the Diamond Bar Municipal Code (DBMC)
Section 22.48.020(a) (2).
The Development Review process establishes consistency with the General Plan
through the promotion of high aesthetic and functional standards to complement and
add to the City's economic, physical, and social character. The process ensures that
the intensification of existing development yields a pleasant living environment for the
residents and visitors as the result of consistent exemplary design.
B. Site and Surrounding Uses
General Plan designation - Professional Office (OP)
Zoning - Commercial Manufacturing Billboard Exclusion Unilateral Contract (CM BE U/C)
Surrounding Zones and Uses — To the north is the Pomona (SR 60) Freeway; to the south,
east and west are office/commercial uses and the CM -BE U/C zone.
C. The Proposed Commercial Land Use Intensification Project
1. Size and Use: The proposed use will occupy approximately 8,560 square feet of
the existing professional office space. The Office Professional (OP) zoning
designation, office business park (OB) standards, and the Gateway Corporate
Center Unilateral Contract permit the college use and other large scale,
headquarters -type office facilities and business park developments.
2. Hours of Operation/Parking: The City's parking standards are one parking space
for 400 gross square feet of office use but the parking requirement for the
Gateway Corporate Center Unilateral Contract is based on net square footage for
office use at one space for each 250 net square feet. The leased office space is
allocated 34 parking spaces (8,560 SF/250 SF = 34 spaces). However, the
change from office to school use intensifies the parking. It is staff opinion that the
realistic parking requirement for the adult school should be one space for each
DR 2004-45 -PAGE 2
student and staff member or occupancy. According to University of Phoenix, the
highest total number of occupants (students, staff and teachers) shown in the
table below is 160 persons for Saturday classes. The total number of parking
available on site is 188 spaces. Per the Diamond Bar Municipal Code Section
22.30.050 a parking permit may be approved for two uses to share the parking
spaces if the shared parking analysis/parking demand study supports it.
OCCUPANCY HOURS OF OPERATION
Weekday daytime usage 33 persons 8:00 a.m. to 5:00 P.M.
Weekday evening usage 140 persons 6:00 p.m. to 10:30 p.m.
Weekends - Saturdays 160 persons 8:00 a.m. to 6:00 P.M.
The City's Traffic Engineer, Steve Sasaki has reviewed the applicant's Parking
Demand Study done by LSA Associates, Inc. The City's Traffic Engineer
recommended that the total occupants for day time use shall not exceed 33
persons; and the maximum occupants for weekdays after 6:00 pm shall not
exceed 140 persons; and, shall not exceed 160 persons on Saturday. This
recommendation will address potential parking conflict between the school and
existing office tenants. A condition has been placed in the attached resolution of
approval.
3. Parking Lot and Stripping: The parking lot surface requires repair in many
places. Since the use will cause additional wear and tear over the driving surface,
a condition requires repair, slurry, and re -stripping.
Standard Urban Storm Water Mitigation Plan (SUSMP) requirements may be
required by the Engineering Division. Best Management Practices (BMP's) are
required for incorporation in the construction project's plans.
4. Signage The Unilateral Contract does not provide wall signage for the University
of Phoenix at this time.
5. Temporary Use Permit An applicant's application document dated March 9, 2005
indicates that periodically classes may be held during hours outside of those
requested during the week. This approval does not allow for such without a
Temporary Use Permit approval. This approval will only be granted if the applicant
is able to provide parking.
D. 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 approval conditions.
DR 2004145 - PAGE 3
E. General Plan/Design Guidelines/Compatibility with Neighborhood
The Land Use Element, Objective 1.4, and Strategy 1.4.7 speaks to Diamond Bar's
need for adequate land to meet the needs of Diamond Bar residents and to work with
neighboring jurisdictions and other agencies in the coordination and designation of
educational, cultural and recreational plans to include arterial highway access to
future schools. The Gateway Corporate Center is designed to take advantage of
freeway access and for large scale, headquarters -type office facilities, business park
developments, and the establishment of office -based working environments for
general, professional, administrative offices, and support uses.
The Office Business Park zoning land use designations and the Gateway Corporate
Center Design Guidelines allow a college use. Staffs review finds the application is
consistent with the General Plan, Municipal Code Standards, the City's Design
Guidelines and the project is compatible with the neighborhood.
On June 8, 2005, 36 property owners within a 700 -foot radius of the project site were
notified by mail. On June 14, 2005, the project's public hearing notification sign was placed
on site. On June 16, 2005, the project's public hearing notification was published in the
San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and three other
locations were posted within the application's vicinity.
ENVIRONMENTAL ASSESSMENT:
The City has determined that this project is categorically exempt per the 1970 California
Environmental Quality Act (CEQA), Section 15303(c).
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve Development Review No. 2004-
45, Findings of Fact, and conditions of approval, as listed within the attached resolution.
Prepared by: Linda Kay Smith, Development Services Associate
ATTACHMENTS:
1. Draft Resolution of Approval with required findings;
2. Parking Demand Study and City Engineer Comments.;
3. Aerial;
4. Exhibit "A" — Cover, site plan, and floor plan dated June 28, 2005.
Word:comdev/linda smith/plancomm/projects/DR 2004/DR 2004-45.../Report...
DR 200445 - PAGE 4
DRAFT
ATTACHMENT "I"
PLANNING COMMISSION
RESOLUTION NO. 2005-xx
A RESOLUTION OF THE DIAMOND BAR PLANNING COMMISSION
APPROVING DEVELOPMENT REVIEW NO. 2004-45 AND CATEGORICAL
EXEMPTION NO. 15303(c), A REQUEST TO ESTABLISH UNIVERSITY OF
PHOENIX PRIVATE COLLEGE CLASSROOMS IN EXISTING OFFICE
BUSINESS PARK SUITES. THE PROJECT SITE IS LOCATED AT 1470 S.
VALLEY VISTA DRIVE, DIAMOND BAR, CALIFORNIA.
A. -RECITALS.
1. The property owner, 1470 S. Valley Vista Drive, LLC, and applicant, Apollo
Group, Inc., Harlan Lindholm, have filed an application for Development
Review No. 2004-45 and categorical exemption for an existing commercial
office building located at 1470 Valley Vista Drive, Diamond Bar, Los Angeles
County, California. Hereinafter in this Resolution, the subject Development
Review and categorical exemption shall be referred to as the "Application."
2. On June 8, 2005, 36 property owners within a 700 -foot radius of the project
site were notified by mail. On June 14, 2005, the project's public hearing
notification sign was placed on site. On June 16, 2005, the project's public
hearing notification was published in the San Gabriel Valley Tribune and
Inland Valley Daily newspapers and three other locations were posted
within the application's vicinity.
3. On June 28, 2005, the City of 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 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 finds that the project identified above in
this Resolution is categorically exempt pursuant to the provisions of the
California Environmental Quality Act (CEQA) of 1970 and guidelines,
Section 15303(c).
3. The Planning Commission hereby specifically finds and determines that,
having considered the record as a whole including the findings set forth
DRAFT
ATTACHMENT "1"
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 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's assessor parcel number is 8293-050-010, addressed
1470 Valley Vista Drive (Lot 10 Tract 39679), Diamond Bar,
California. The parcel is approximately 3.59 gross acres: 156,380
gross and 117,176 usable square feet. The lot is irregularly shaped
in the office business park identified as Gateway Corporate Center.
The project use will occupy approximately 8,560 net square feet of
existing professional office space in the building completed in 1988.
(b) The project site has a General Plan land use designation of
Professional Office (OP). The project site is within the Commercial
Manufacturing Billboard Exclusion Unilateral Contract (CM BE U/C)
Zone which equates to Office Business Park building standards.
(c) The following zones and uses surround the project site: To the north
is the Pomona (SR 60) Freeway: to the south, east and west are
office/commercial uses and the CM -BE U/C zone.
(d) The Application is a request to establish University of Phoenix
private college classrooms in existing office business park suites.
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development is consistent
with the applicable elements of the City's General Plan, City Design
Guidelines, and development standards of the applicable district,
design guidelines, and architectural criteria for special areas (e.g.,
theme areas, specific plans, community plans, boulevards or
planned developments).
The project site has a General Plan land use designation .of
Professional Office (OP). Pursuant to the General Plan, this land
use designation provides for the establishment of regional, freeway -
oriented, and/or community retail and service commercial uses. The
zoning designation for the project site is Commercial Manufacturing
K
DRAFT
ATTACHMENT "1"
Billboard Exclusion Unilateral Contract (CM BE UIC) which allows
for a wide range of retail shopping and service uses. The proposed
project will serve Diamond Bar residents and regional educational
needs as described in the General Plan Land Use Element,
Objective 1.4, and Strategy 1.4.7 and is in compliance with the
zoning designation, and Gateway Corporate Center's Unilateral
Contract.
The project site is an existing commercial office building that was
constructed in 1988 and permitted by Los Angeles County per the
Gateway Corporate Center's Unilateral Contract Design Guidelines
and remains consistent with the applicable elements of the City's
General Plan, City Design Guidelines, and development standards
of the applicable district, design guidelines, and architectural criteria
for special areas.
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.
As referenced in Item (e), the proposed project is consistent with the
OB zoning district and Gateway Corporate Center's Unilateral
Contract. This is a change in use from office to adult school. A
parking demand study has been performed which indicates that
sufficient parking is available for limited enrollment and occupancy
on weekdays and weekends per the following:
OCCUPANCY
HOURS OF OPERATION
Weekday daytime usage 33 persons
8:00 a.m. to 5:00 p.m.
Weekday evening usage 140 persons
6:00 p.m. to 10:30 p.m.
Weekends - Saturdays 160 persons
8:00 a.m. to 6:00 p.m.
The existing commercial office building was constructed in 1988 and
permitted by Los Angeles County per the Gateway Corporate
Center's Unilateral Contract Design Guidelines and as conditioned
will not interfere with future development and will not create traffic or
pedestrian hazards.
(g) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will
maintain the harmonious, orderly and attractive development
contemplated by Chapter 22.48.20, Development Review
Standards, City Design Guidelines, the City's General Plan, or any
applicable specific plan.
DRAFT
ATTACHMENT "1"
As stated in item (e) and (0 above, this is a change in use from
office to adult school. A parking study has been performed which
indicates that sufficient parking is available for limited enrollment and
occupancy on weekdays and weekends as noted in Condition 5(0.
The existing commercial office building was constructed in 1988 and
permitted by Los Angeles County per the Gateway Corporate
Center's Unilateral Contract Design Guidelines. The building
remains compatible with the character of the surrounding
neighborhood and will maintain the harmonious, orderly and
attractive development contemplated by Chapter 22.48.20,
Development Review Standards, City Design Guidelines, the City's
General Plan, or any 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 Items (e), (0 and (g), the proposed
project retains and provides a desirable environment for its
occupants and visiting public as well as its neighbors by maintaining
good aesthetic use of materials, texture and color that will remain
aesthetically appealing while offering variety in color, texture and a
low level of maintenance.
(i) The proposed development will not be detrimental to 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
Before the issuance of any City permits, the proposed project is
required to comply with all conditions within the approved resolution
and the Building and Safety Division, Public Works Division, Fire
Department, and Health Department and Industrial Waste
requirements. The referenced agencies through the permit and
inspection process will ensure that the proposed project is not
detrimental to the public health, safety or welfare or materially
injurious to the properties or improvements in the vicinity.
The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the
Act (CEQA), Section 15303(c), I
project is categorically exempt.
a]
California Environmental Quality
7e City has determined that this
DRAFT
ATTACHMENT "I"
5. Based on the findings and conclusions set forth above, the Assistant City
Manager hereby approves the Application subject to the following
conditions:
(a) The project shall substantially conform to cover, site plan, and floor
plan collectively labeled as Exhibit "A" dated June 28, 2005 as
submitted and approved by the Planning Commission, and as
amended herein.
(b) The use shall not exceed seven (7) classrooms and accessory
offices per Exhibit "A" with maximum 140 person occupancy for
enrollment and staff at 5:30 p.m. weekdays. This number includes
both the weekday daytime and evening occupancy per the
following table: OCCUPANCY HOURS OF OPERATION
Weekday daytime usage 33 persons 8:00 a.m. to 5:00 p.m.
Weekday evening usage 140 persons 6:00 p.m. to 10:30 p.m.
Weekends - Saturdays 160 persons 8:00 a.m. to 6:00 p.m.
(c) The certified approval conditions shall be made a building plan
page.
(d) This approval shall not allow periodic classes during weekday
hours before 6:00 p.m. except as noted in condition 5(b).
Occasional weekday classes prior to 6:00 p.m. may only be
granted if the applicant is able to provide parking and obtain a
Temporary Use Permit approval.
(e) 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.
(f) The parking lot surface shall be repaired, slurry, and re -stripped,
and driveways and curb ramps shall be current ADA standards.
The path of travel from a handicap parking stall to building and
from the curb to the building shall not exceed a two percent slope.
(g) All roof mounted equipment shall be screened from public view.
11
DRAFT
ATTACHMENT "V
(h) All structures, including walls, trash enclosures, canopies, etc, shall
be maintained in a structurally sound, safe manner with 'a clean,
orderly appearance. All graffiti shall be removed within 72 hours by
the property owner/occupant.
Existing restroom(s) shall meet current handicap codes.
Prior to the issuance of any permits, the applicant shall submit
plans to the Los Angeles County Fire Department for fire code
compliance.
(k) Plans shall conform to State and Local Building Code (i.e., 2001
California Uniform Building Code, Uniform Plumbing Code, Uniform
Mechanical Code, and the 2001 National Electrical Code)
requirements and the State Energy Code.
Standard Urban Storm Water Mitigation Plan (SUSMP)
requirements may be required by the Engineering Division. Best
Management Practices (BMP's) are required for incorporation in
the construction project's plans.
(m) Best Management Practices (BMP's) shall be implemented for
construction activities related to this project incompliance with the
National Pollutant Discharge Elimination System (NPDES)
regulations.
(n) This grant is valid for two years and shall be exercised (i.e.,
construction started) within that period or thi's grant shall expire. A
one-year extension of time 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.
(o) 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.
(p) 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
FO
DRAFT
ATTACHMENT "1"
grant's approval, a cashiers 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 1470 S. Valley Vista Drive, LLC, 4641 District Boulevard,
Vernon, CA 90058; Apollo Group, Inc., Harlan Lindholm, 4305
Hidden Oaks, Yorba Linda, CA 92886; and CB Richard Ellis, Inc.,
Travis Boyd, 3501 Jamboree Road, #100, Newport Beach, CA
92660; CB Richard Ellis, Inc., Cloe Chan, 660 West Huntington
Drive, Arcadia, CA 91007.
APPROVED AND ADOPTED THIS 28th OF JUNE 2005, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
-0
Joe McManus, 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 28th day of June 2005, by the following vote:
AYES:
Commissioner:
NOES:
Commissioner:
ABSENT:
Commissioner:
ABSTAIN:
Commissioner:
ATTEST:
James DeStefano, Secretary
WoTd:comde0inda smith/plancomm/projects/M 2004/DR 200445. ./Reso...
7
/'2005 13: 13 71477 W, 9
APOLLO GROUP, INC.
AP0110 DevsLoPmrin C:ORPOUnON
umvuglry or P"O"NIX
INsTirun roy PROMBIONAL I)VVZLC)Pmzmr
COLLME POR FINANCLAt, PLANNING
W99TERN I NTERNATIoNAL L [Nivrmtry
E I
ATTACHMENT "2"
Linda Kay Smith June 2, 2005
Development Services Associate
21825 Copley Drive
Diamond Bar, CA 91765
PAGE 02
Re: Conditional Use Permit No. 2004-05/Development Review No. 2004-45, FP1. 2004-
120, for the Property Located at 1470 Valley Vista Drive
Dear Ms. Smith:
We have reviewed the comments from the engineer regarding the parking study
that was submitted on May 9, 2005. Comment Number 5 reflects the need for the
parking supply to exceed the demand in order to provide a "factor of safety". The
engineer suggests staggering the class starting times in order to provide for this "factor
of safety".
6-14
Since the University has a national standardized operational program, we do not
have the flexibility to stagger our classroom start times. Instead of staggering our class
start times, we would prefer to reduce cur maximum occupancy levels by ten percent to
provide for the "factor of safety" in regards to parking. This reduction would translate
into a maximum occupancy level of 144 personto between staff and students instead of
160 persons as previously proposed. This reduct4on of occupancy should provide the
"factor of safety" requested by the engif ir,
yo have
Thank you for your cooperation. If 17 any questions, please call me at
(714) 779-6071.
Sin rel L
an L�indt��m—`
Real Estate Associate
Apollo Development Corporation
4615 &tat Elwood,;treet
Phoenic, Arizona 86040
4110 966-5394
Fm 480 929-751%
SASAKI TRANSI='ORT,kTION SERVICES
MEn1ORAiN1)UM
DATE. May 2.9, 2005
TO: Kimberly Moli a
FROM: Steve Sasaki ;
SUBJECT. Review of the pdated Parking Study for the "University of Phoenix
Expansion" at 1470 Valley Vista — Diamond Bar
•]'his memorandum provides a review of the updated "Parking Demand Analysis" ("Parking
Study") (related to the proposed Conditional Use Permit (,CUP) H2004-05 and Develop rnent
Review 62004-45) for the "University of Phoenix Expansion" ("Project") prepared by LSA
Associates, Inc. ("LSA") dated Apri129, 2005. Th;. Project is planned to occupy 9,600 square
feet ("SF") of anoffice building loeatec at 1407 Valley Vista in (lie City of Diamond Bar.
Based on the updated Parking Study an(. submitted materials this memorandum summarizes
our review of the Parking Study. The following provides a reprint of the Previous comments
and our current findings in "Bold" for yo sr considurition.
Comments:
The Parkin-, Study should be signed/statnped by a State of California registered
Traffic and/or Civil Engineer wit.i proper experience in the preparation of these rypes
of studies. The citrrent (4/29/051 Parking Study is signed and stamped.
The Parking Study should identify the existing conditions of the building that the
Project is planning to occupy. The exi..ting conditions should include bun. not
necessarily be limited to; total SF of file b-idding„ amount of vacant space (if none
state in the report) at the Project site, existint; tenant infbi-mation/SP (e.e., if there. werc
a small church use it would show low weekday pocking, but if that were replact:d by
an office use in the fixture, a parking impact could occur), and any other pertinent
information. The existing conditions are outlined and the only the suite ideurified
as vacant is the proposed project location.
3. ldentifying the existing tenants may assist in determining the cause of the higher
parking demand generated on Thursday at `1:30 PM, as counpared to Monday at 5:30
PM (since Mondav is otlier-\visi; identifiec. as the peak day for parking denand).
Based on the tenant information it appears that the demand just extended longer
on Thursday.
P.O. 13OX 5159 LAGUNA MACH, CA :12652 (949) 376-661:3
May 30 OS 08.41a Sasaki Trans Serve
(9491464-1178 P•3
7
4. The Parking Study must account f )r the pari-Jng demands of any vacani bili Iding s )acc
(that is not part of the Project) an -9 incorpo 21.e the potential demands in the anal:'scs.
The proposed project location is noted as the only vacant suite.
5. The Parking Study identifies a p:u'king impact for the 5:30 PM time period on both
t
Mondav and "Thursday. The impacts must be addressed and mitigated within the
(�
Parking Study. The previous parking study (3/2/0.5) assumed a 100 parking space
t
demand for the 5:30-6:OOPIVI time frame. The current study appears to reference
Apollo Group Inc, information that anti6pates 140 students/staff on site for the
1
5:30-6:00PM period. if there is a desire •tv further insure the stud), assumptions,
�
of the classes could pmentiatly I)v "staggered" to start at 6:30PM rather
a portion
than 6:OOPM. This may be desirable riven the pat'king demand essent�allS'
matches the parking supply. It is often desirable to have the parking supply
exceed demand (the range can vary from say 5%-15*/6) to provide a "factor of
"
safety". This would translate to appn'oxintatelY 10%-20%t of the classes Martino
at 6:301'M.
6, The parking supply identified t ' in the Parking Study to be 158 spaces, with "IS"
standard and 5 disabled parking :;faces. There should be further
explanation/evaluation of the narking adequacy when the parking demands
rneet!exceed the parking supply and in addition the identified tapes of spaces are
included. This issue would be addressed L,.N some classes starting at 6:30PM.
7. Explanation that some students will arri\,c after 5:30 PM is not heliex,ed to he
w
sufficient mitigation for the Project parlC.t:g in7pacts that are documented in the
Parking Study. The study assumptions were revised.
S• The -Coll clus loll- section must idzt7tiij' the parking, impact that is identified earlier in
the Parking Study. Any mitigation t77easures that are developed for the Project shOuld
also be included in this section. Tile study findings Nvere updated.
We (rust these comments will be of as3istanee to you and the City of Diamond Bar, in
evaluating the impacts of the proposed project. If you have any questions 1)r con7ml:nis,
please do not hesitate to contact nie.
S:�SAICI'1'I2AN:iPC)12TA'I`I()1` E",RRVICIR,I
LTilivca'sity of Phocnis
Parking -Stuffy }:uvieN\
1470 Vailcy Vista, 1101' I'M Ot`_'.doc
April 29, 2005
RIVERSIDE '
ROCKLIN
SAN LUIS OHISPO
Mr. Harlan Lindholm
Apollo Group, Inc.
4305 Hidden Oaks
Yorba Linda, CA 92886
Subject: Parking Demand Analysis for the Proposed University of Phoenix Expansion in the
City of Diamond Bar
Dear Mr. Lindholm:
LA Associates, Inc. (LSA) is pleased to submit this parking demand analysis for the University of
Phoenix campus expansion in the City of Diamond Bar. This analysis has been prepared to
determine whether the parking demand of the University of Phoenix campus expansion can be
accommodated at the proposed project site (1470 Val!ey Vista) and to respond to the City's cmyiment
letter (attached) request for a parking study.
The existing 1470 Valiey Vista office building is approximately 50,000 square feet, which includes
a parking supply of approximatel-y 183 standard parking spaces and 5 handicap spaces available, for a
total of 188 parking spaces on site. The existing tenants of the office building include the followin
businesses and hours of operation.
Table A: 1470 Valley Vista Existing Tenants and Hours of Operation
Square
Suite # Footage Tenant Name Tenant Use
100 5,666 Diamond Reference General Office
Club
140 9,767 Acosta General Office (food
brokers)
150 9,641 Vacant General Office
200 8.461 Giova &: Niello General Office (lav firm)
Ute' 230 10,050 Cohen/Lee General Office (insurance
brokers)
250 6,766 Acosta General Office (food
brokers)
4129105<P:\aP0530\parking anahsis rcvised.wpd»
Days and Hours of
Operation
8:00 to 5.00-5:30, M -F
8:00 to 5:00-5:30, M -F
8:00 to 5:00-5:30, M -F
8:00 to 5:00-5:30, M -F
8:00 to 5:00-5:30. M -F
8:00 to 5:00-5.30, M -F
S A20
I
LSA ASSOCI. S. INC EERKELEt FORT COLLINS
EXECUTIVE PARK, SUITE 200 949.553•o666 TEL CARLSBAD PALM SPRINGS
IRVINE, CALIFORNIA 92614 949.553.8076 FAX COLMA POINT RICHMOND
April 29, 2005
RIVERSIDE '
ROCKLIN
SAN LUIS OHISPO
Mr. Harlan Lindholm
Apollo Group, Inc.
4305 Hidden Oaks
Yorba Linda, CA 92886
Subject: Parking Demand Analysis for the Proposed University of Phoenix Expansion in the
City of Diamond Bar
Dear Mr. Lindholm:
LA Associates, Inc. (LSA) is pleased to submit this parking demand analysis for the University of
Phoenix campus expansion in the City of Diamond Bar. This analysis has been prepared to
determine whether the parking demand of the University of Phoenix campus expansion can be
accommodated at the proposed project site (1470 Val!ey Vista) and to respond to the City's cmyiment
letter (attached) request for a parking study.
The existing 1470 Valiey Vista office building is approximately 50,000 square feet, which includes
a parking supply of approximatel-y 183 standard parking spaces and 5 handicap spaces available, for a
total of 188 parking spaces on site. The existing tenants of the office building include the followin
businesses and hours of operation.
Table A: 1470 Valley Vista Existing Tenants and Hours of Operation
Square
Suite # Footage Tenant Name Tenant Use
100 5,666 Diamond Reference General Office
Club
140 9,767 Acosta General Office (food
brokers)
150 9,641 Vacant General Office
200 8.461 Giova &: Niello General Office (lav firm)
Ute' 230 10,050 Cohen/Lee General Office (insurance
brokers)
250 6,766 Acosta General Office (food
brokers)
4129105<P:\aP0530\parking anahsis rcvised.wpd»
Days and Hours of
Operation
8:00 to 5.00-5:30, M -F
8:00 to 5:00-5:30, M -F
8:00 to 5:00-5:30, M -F
8:00 to 5:00-5:30, M -F
8:00 to 5:00-5:30. M -F
8:00 to 5:00-5.30, M -F
LSA ASSOCIATES. INC.
It should be noted that the existing offices are in operation and utilize the parking lot during normal
business hours (i.e., 8:00 a.m.-5:00 p.m., Monday through Friday). The proposed project will occupy
the vacant space at Suite 150. Therefore, the 1470 Valley Vista office building does not include any
vacant space that could generate parking demand in excess of the forecasts in this analysis.
The project proposes the lease of approximately 9,600 square feet in the existing office building
located at 1.470 Valley Vista in the City of Diamond Bar. The leased square footage will consist of a
total of eight classrooms, with approximately 19 students and 1 faculty member per classroom. The
class sessions will occur from 6:00 p.m. to 10:30 p.m., Monday through Friday. In addition, the
University of Phoenix will offer class sessions on weekends from 9:00 a.m. to 1:00 p.m. and from
2:00 p.m. to 6:00 p.m. In a letter to the City dated March 9, 2005 (attached), the Apollo Group, Inc.
provided a detailed class schedule and student and staff occupancy rates for the proposed project.
Table B illustrates the anticipated student and staff occupancy for the proposed project.
Table B: Staff and Student Occupancy
Days
Time
Staff
Students
Total
(vlonday—Friday
8:00 a.m. to 5:30 p.m.
3
30
33
Monclay—Friday 6:00 p.m. to 10:30 p.m. 8
Saturday 8:00 a.m. to 6:00 p.m. 8
According to the proposed class schedule, weekday classes will be in session between 6:00 p.m. and
10:30 p.m. and on weekends between 8:00 a.m. and 6:00 p.m. It is anticipated that there would be
fewer students and staff on site between the hours of 8:00 a.m. and 5:30 p.m. for office hours and
administrative purposes.
To determine the hourly parking demand for the existing office building, parking accumulation
surveys were conducted by Southland Car Counters on Monday, February 14, 2005, and Thursday,
February 17, 2005, between 8:00 a.m. and 11:00 p.m. In addition, parking accumulation surveys were
conducted on Saturday, February 19, 2005, between 8:00 a.m. and 8:00 p.m. The survey period was
selected to ensure that the highest parking demand for the project is included in the study.
Table C (attached) summarizes the parking surveys for the existing office use for each hour between
8:00 a.m. and 11:00 p.m. on weekdays and 8:00 a.m. and 8:00 p.m. on weekends. In addition, a half-
hour count between 4:00 p.m. and 6:00 p.m. was recorded on weekdays to observe the peak -period
parking turnover. As shown on these tables, Monday, February 14, 2005, is the peak weekday
surveyed. The highest observed peak -hour parking demand is 126 parked vehicles at 11:00 a.m. on
Monday, 108 parked vehicles at 3:00 p.m. on Thursday, and 8 parked vehicles at 11:00 a.m. on
Saturday. The existing site provides a total of 188 parking spaces, which indicates that the existing
parking supply is adequate to meet the existing office peak -hour parking demand.
4/29/05<P:\AP0530\parking analysis revised.wpd>
LSA ASSOCIATES, INC.
The City's comment letter, dated December 21, 2004 (attached), stated that the parking ratio for the
University of Phoenix will require one parking space per student and faculty member. Based on the
anticipated occupancy at the project site, the proposed University of Phoenix expansion will need to
provide approximately 33 parking spaces between the hours of 8:00 a.m. and 5:30 p.m., 140 parking
spaces between 5:30 p.m. and 6:00 p.m., 160 parking spaces between 6:00 p.m. and 10:30 p.m.
during the weekday, and 160 parking spaces between 8:00 a.m. and 6:00 p.m. during the weekend.
As illustrated in Table B and the graphs (attached), the University of Phoenix expansion does not
exceed the existing parking supply between the hours of 8:00 a.m. and 6:00 p.m.
As shown on the graphs (attached), patrons from the office building leave the site between the period
of 5:30 p.m. and 6:00 p.m. As patrons from the office building leave the site, the students and staff
for the University of Phoenix will be entering the site, thus creating a parking overlap between the
office and educational uses. During this time period, it is anticipated that'132 students and 8 staff, for
a total of 140 vehicles, will occupy the University of Phoenix campus. At 5:30 p.m., the existing
'- u eman' ciis 29 vehicles on Monday and 44 vehicles on Thursday. With the addition of
University of Phoenix parking, approximately 169 spaces and 184 spaces will be required at 5:30
,�.M. on Monday and Thursday, respectively. The existing parking supply can accommodate the study
uJ V and staff demand of 140 spaces at 5:30 p.m.
N When classes are anticipated to begin at 6:00 p.m., the existing parking demand is 23 vehicles on
Monday and 21 vehicles on Thursday. Compared to the existing parking supply, approximately 165
• spaces and 167 spaces are available at 6:00 p.m. on Monday and Thursday, respectively. .
res y Therefore,
the existing parking supply at 1470 Valley Vista can meet the full parking demand (i.e., 16 ces)
for the University of Phoenix faculty and staff prior to class sessions, which begin at 6:00 p.m. In
addition, the weekend parking demand at 8:00 a.m. and 2:00 p.m. was one vehicle and seven
vehicles, respectively. Based on the parking requirement. of 160 spaces during class sessions, the
existing parking supply would be adequate during the weekday and weekend to meet the demand for
the proposed project.
CONCLUSION
Jrk /7
Based on the City's parking requirement, approximately ljwparking spaces will be required for the
University of Phoenix expansion during class sessions. Based on the parking accumulation surveys
conducted during the weekday and weekend, the existing parking supply of 188 spaces at the 1470
Valley Vista site will be adequate to meet the forecast parking demand for faculty and students
during the weekday. Adequate parking supply is anticipated for all hours of instruction during the
weekend sessions.
-� "�Zl /Zi (-J 1 (9 9uTV"--Lf -
4/29/05<P:\AP0530\parking analysis revised.wpd>
LSA ASSOCIAIES. INC,
I trust you will find this information useful for your planning, purposes. If you have any questions,
please contact me at (949) 553-0666.
Sincerely,
LSA ASSOCIATES, INC.
Edward G. Alegre
Senior Transportation Planner
Attachments
4/29/05,r,fl:,AP0530'.park-ifi!-, anal\sis rcvised.Nvpd>>
Les Card, P.E.
Principal In Charge
No. 34410 -
ESS
OF
Table C - Parking Accumulation Summary
da Saturday
00
Thursday
I Monday Thursday Saturday
Time 02/14/2005 /0
8 �02/17/05 _o2/19/2005
.00
8:00 AM 79
64
9:00 AM
77 6
10:00 AM 124 --92 6
11:00 AM 126
8
12:00 PM
93 7
.... 1:.00 PNf..__I. 114 go 7
2:00 PM 87 ---7
i. —00 p- M 90 --
108 7
75
9
90
7
3
7
7
7 _
1 08 7
75--- 5
4:
'TO
54 -
5:00 PM 1 52 1
3
51 3
5:31 PM _29 4
6:00 PM 23 3
7:00 —PM T5 4
8:00 PM 7
12 4
9:00 PM
6 12----
10:00 PM 1 4 7
11:00 P
I -UU iv,
�I 3 5
3 >
P:%AP0530\Counts\Thursday ChartAs\Totals C
--f- 3..-7-- /S--ey
/�a / 014,
Table D - Parking Demand Summary with University of Phoenix
MondayThursday Saturday
'
Time 02/14/2005 02/17/05 02/19/2005
8:00 AM
112
-97—.
—1 ----
9:00 AM
132
110
166
10:00 AM
157
125---
166
11:00 AM
159
_ —
129168
12:00 PM
155
126
167
1:00 PM
147
123
167
2:00 PM
141
120
167
3:00 PM
123
..14.1
167
4:00 PM
100
108
165
4:30 PM
97
87 1
160
5:00 PM
85
84
163
5:30 PM
169
184
160_
6:00 PM
183
163
7:00 PM 1
171
175
4
8:00 PM
172 i
4
9:00 PM
166
172
10:00 PM
164
i 167
11:00 PM
163
165
D
C
C LO
co N
a�
�= N
O c�
a c
�.. 0
0 n;
L
Q:
v3 0,I; o
T i-
sa131yaA 10 #
-'PV
00.
00.
00.
�a
00.
O0.
/o,
0�9
00s c ;
CD
O
a
00.s o
i
00. U
00, o °
OO.
�a
00
�a
0°.
1,b
00.
4%, lee
000
00.
•6,
I'b
00.
Y
T
!y
Q'I
00.
i
T
00.
00.
I
I
°o.
00.
T
T
I'
.....--_.-_-___.___.
_-_.
d
00.
E
Or. •
r
x
m °e
S
.
s•
C C
--
--
- —
—
pp
C
o
oho
dpS
CL r
—{--
-' —
-- ---
>
X/ CV
I
i
co
O OEM=
O ZT
1
pOls
m
i
t�
V i
CL
;It
T
. e
�V
O
•�
.-_.-.._____
..._-_-.
_._-._
00.
p
:=
{
CV
..
4—
plc'
>c
9
N
..
T.----'-----
�V
i
-- -----------
pp.
Ii
N
.•
!
T
III VIII
pp.
N
..
C!
1
i
T
,
Yb
p!!
(
N
• .
I
pp.
j
p!
• .
r-
Ilk
- -
---- ...----
--
- - - - -
0.
b
-- -
pOH
o
m o
Ln
o-
o
Ln
o
N'-
SG[OlgaA 10 #
CO
CO
CD
co
co
CD
m
co
co
co
CD
cD
O
CD LO
S913149A 10 #
o
00.
V
voo
'0
0(2&
OOH
012.
CD
0
00.
CL
f
0
Q
oo.
00.
Ev
00.
YN
00.
V
CY
00.
C�ll
00.
Ilk
00.
Yb
00.
00.
0 '6)
iw
SASAKI TRANSPORTA9 ION 81i;EZVICI�S
MEMORANDI M
DATE: April 3, 2005
TO: Kimberly Molina
FROM: Steve Sasaki /V
SUBJECT.- Review of the Parking Study for the" .iniversity ,.11 Phoenix Expansion" at
1470 Valley Vista — Diamond Bar
This memorandum provides a review of the "Parking )errand AtIo }•sis" ("Parking Study")
(related to the proposed Conditional Use Permit (CLT' #21004-05 attd Development Review
#2004-45) for the "University of Phoenix Expam:nn" (` Prc;:;:;1") prepared by LSA
Associates, Inc. ("LSA") dated March 2, 2005. The Prc- ect is plan. - ! to occupy 9,600 square
feet ("SF") of an office building located at 1407 Valls y Vista i» :l,-- City of Diamond Bar.
Based on the submitted materials this memorandum s :mniam,.es , • r review of the Parking
Study. We have prepared the following comments for y sur con:;icle•-,, inn.
Comments:
The Parking Study should be signed1stamped by a Stat: a:' California registered
Traffic and/or Civil Engineer with proper expel-: -nce in the. tit eparation of these types
Of studies.
2. The Parking Study should identify the existin, condition; if* the building that the
Project is planning to occupy. The existing etnuiit on.-; :1•ould include but not
necessarily be limited to; total SF of the buildi iv, amnum of vacant space (if none
state in the report) at the Project site, existing ten tnt info)—mai: r/SF (e.g., if there were
a small church use it would show low weekday parking, buy f that were replaced by
an office use in the future, a parking impact c luld oc^_ur:- tnd any other pertinent
inforriation.
3. Identifying the- existing tenants may assist in • .etennininE. i,. cause of the higher
parking demand generated on Thursday at 5:30 'VI, as :.otu - tied to Monday at 5:30
Pill (since Monday is otherwise identified as the I eak dal fol -asking demand).
4. The Parking Study must account for the parking t emand� of; .-y vacant building space
(that is not part of the Project) and incorporate th+ potential c l.tnds in the analyses.
P.O. BOX 5159 LAGUNA BEACIi, CA 112652 (i►•t9) 376-6613
"�" "" "•' ��• +�(� JObCrtl trans nerve l�I•q X1464-11?8
2
5. The Parking Study identifies a parking impact for the 5:a1; pM time period on both
Monday and Thursday. The impacts must b: addressed and mitigated within file
Parking Study.
6. The parking supply is identified in the Parkii g Study to 1)(. 188 spaces, with 183
standard and 5 disabled parking spat :s. '1 ht_i '.should. be further
explanationlevaluation of the parking adet uacy .ell(;;, the parking demands
meet/exceed the parking supply and in additi )n the idem. ned types of spaces 1111e
included.
7. Explanation that some students will arrive a Ser 5:30 1 -f is not believed to be
sufficient mitigation for the Project parking impacts that ire documented in the
Parking Study.
8. The "Conclusion" section must identify the par .ink impact III, -.t is identified earlier in
the Parking Study. Any mitigation measures th .t are de•vc;l<•1•ed for the Project should
also be included in this section
We trust these comments will be of assistance to yt u and the t:'ity of Diamond Bar, in
evaluating the impacts of the proposed project. If y �ti have ary questions
please do not hesitate to contact me, or comments,
SASAKI TRANSPOP.TATION SERVICFt.'s
1470 Valley Vista, UOP Patklt.doc University of Phoenix
Parking Study Review
P-3 -
A Ra L0 G R 0 U P 1 NC-',
APOLLO DEVELOPMENT CORPORATION
UNIVERSITY OF PHOENIX
INSTITUTE FOR PROFESSIONAL DEVELOPMENT
COLLEGE FOR FINANCIAL PLANNING
WESTERN INTERNATIONAL UNIVERSITY
Linda Kay Smith March 9, 2005
Development Services Associate
21825 Copley Drive
Diamond Bar, CA 91765
Re: Conditional Use Permit No. 2004-05/Development Review No. 2004-45, FPL 2004-
120, for the Property Located at 1470 Valley Vista Drive
Dear Ms. Smith:
This letter is in response to your letter dated December 21, 2004 in which you
requested additional data regarding the applicant's operations as well as additional
documentation to assist the City in evaluating our proposed use.
Enclosed with this letter are a recent Parking Study prepared by LSA Associates
Inc. and a Site Plan prepared by CDL Associates, Inc. Also included is the completed
form with certain information regarding the applicant's space within the building.
In addition to the above, the following are responses to the questions posed in
your letter regarding the proposed use:
1) Class times — begin and end
The applicant's primary class times are 6:00 pm until 10:00 pm Monday
through Friday. Periodically the applicant will hold classes during hours
outside of the above time frames during the week and on Saturdays.
4615 East Elwood Street
Phoenix, Arizona 85040
480 966-5394
iz— iRn 99q -7.74M
Linda Kay Smith
.319105
Page 2 of 3
2) Hours of operation.
The facility's potential hours of operation are from 8:00 am to 10:00 pm
Monday thru Friday and from 8:00 am to 6:00 pm on Saturday. While
these are the potential hours of operation the number of students and staff
that will be occupying the premises during daytime weekday hours is
significantly less than those occupying during weekday evening hours.
The matrix below will help illustrate the anticipated occupancy of the
premises during specific times of the day and evening.
3) Students and Staff Anticipated to Occupy at One Time
Mon — Fri
Mon — Fri
Sat
how
2120902011G,�,, �W
5:30 pm — 6.00 pm 8
6:00 pm —10:30 pm 8 152 C)
8,00 am — 6:00 pm 8 152 1(jzd
The staff count in the above matrix includes support staff and instructors.
In your letter of December 21, 2004 you referred to this site being used for
overflow parking for the Applicant's current campus at 1379 Valley Vista. The Applicant
has never planned on nor does it intend to use this facility for any type of overflow
parking for their current campus. From a parking standpoint, this facility and the
Applicant's current campus shall be treated as independent from one another.
Linda Kay Smith
3/9/05
Page ' ) of 3
I hope this letter along with the attached parking study and site plan provide you
with the information necessary to continue processing the Conditional Use Permit. If
you have any questions, please do not hesitate to contact me at (714) 779-6071.
Sincerely,
Harlan Lindholm
Real Estate Associate
Apollo Development Corporation
CO
ul
C.)
C.)
cis
Z
CL
z
UJ
LLJ
C3
C.)
0—
Lu Z
m -0
0 c
x 0
cz
Z N
C,
0 x
— UJ
W CO
L= 0
cZ
to
:3 0
Lu
OC U
-
I a)
0
in
LL
Z
M
E
>- rc
a LLJ
(D
0
:3 p
c
C/) C)
CL
U)
Z
OC <
0) 0
< z
C W
-ro—
CL uj
_j
ow -F
CL cz �:
< P
2 3- 0
p —i
CL 70—
E)
OD
cca ca
U.
0
E
U.
-0 co
CU CD C
Cc
CD V>1
ca
I
F–
caC:
E C)
C)
0
D
cj
0
m
0
U) U
I
CU CZ co
-
I
CU Q) CD
I
I
:2 :2 -0
> 0 > 0 >
2
:tt
rx)
CL 0- IL
N C-6
U)
c
.2
C13
(1)
C"l
oc
0
oZS
CD V>1
ca
I
m
I I i I
I
I
I
I
I
I
I
I
rx)
tv
:3
10
5
ll
D
-LA
D
_q
Mr. Harlan Lindholm
Apollo Group, Inc.
4305 Hidden Oaks
Yorba Linda, CA 92886
BERKELEt FORT COLLINS
949553.o666 TEL CARLSRAD PALM SPRINGS
949.553•$076 FAX COLMA POINT RICHMOND
RIVERSIDE
ROCKLIN
SAN LUTS OBISPO
Subject: Parking Demand Analysis for the Proposed University of Phoenix Expansion in the
City of Diamond Bar
Dear Mr. Lindholm:
LSA Associates, Inc. (LSA) is pleased to submit this parking demand analysis for the University of
Phoenix campus expansion in the City of Diamond Bar. This analysis has been prepared to
determine whether the parking demand of the University of Phoenix campus expansion can be
accommodated at the proposed project site and to respond to the City's comment letter (attached)
request for a parking study.
The project proposes the lease of approximately. 9,600 square feet in the existing office building
located at 1470 Valley Vista in the City of Diamond Bat. The'leased square footage will consist of a
total of eight classrooms with approximately 19 students and I faculty member per classroom. The
class sessions will be from 6:00 p.m. to 10:00 p.m. Monday through Friday. In addition, University
of Phoenix will offer class sessions on weekends from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to
:11.
The existing 1470 Valley Vista office building has a parking supply of approximately 183 standard
parking spaces and 5 handicap spaces available, for a total of 188 parking spaces on site. It should be
noted that the existing offices are in operation and utilize the parking lot during normal business
hours (i.e., 8:00 a.m.-5:00 p.m.).
According to the proposed class schedule, weekday classes will be in session between 6:00 p.m. and
11:00 p.m. and on weekends between 8:00 a.m. and 6:00 p.m. It is anticipated that faculty and
students will arrive at the project site between 5:30 p.m. and 6:00 p.m. on weekdays, and before
8:00 a.m. on weekends.
To determine the hourly parking demand for the existing office building, parking accumulation
surveys were conducted by Southland Car Counters on Monday, February 14, 2005, and Thursday,
February 17, 2005, between 8:00 a.m. and 11:00 p.m. in addition, parking accumulation surveys were
conducted on Saturday, February 19, 2005, between 8:00 a.m. and 8:00 p.m. The survey period was
selected to ensure that the highest parking demand for the project is included in the study.
3/2/0?,KP:1APW30\parking anah•sis.wpd>>
®
A\
LSA ECUTIV ? . ES. INC
20 EXSSOCE PARK. SUITE 200
IRVINE. CALIFORNIA 92614
March 2,
2005
Mr. Harlan Lindholm
Apollo Group, Inc.
4305 Hidden Oaks
Yorba Linda, CA 92886
BERKELEt FORT COLLINS
949553.o666 TEL CARLSRAD PALM SPRINGS
949.553•$076 FAX COLMA POINT RICHMOND
RIVERSIDE
ROCKLIN
SAN LUTS OBISPO
Subject: Parking Demand Analysis for the Proposed University of Phoenix Expansion in the
City of Diamond Bar
Dear Mr. Lindholm:
LSA Associates, Inc. (LSA) is pleased to submit this parking demand analysis for the University of
Phoenix campus expansion in the City of Diamond Bar. This analysis has been prepared to
determine whether the parking demand of the University of Phoenix campus expansion can be
accommodated at the proposed project site and to respond to the City's comment letter (attached)
request for a parking study.
The project proposes the lease of approximately. 9,600 square feet in the existing office building
located at 1470 Valley Vista in the City of Diamond Bat. The'leased square footage will consist of a
total of eight classrooms with approximately 19 students and I faculty member per classroom. The
class sessions will be from 6:00 p.m. to 10:00 p.m. Monday through Friday. In addition, University
of Phoenix will offer class sessions on weekends from 9:00 a.m. to 1:00 p.m. and from 2:00 p.m. to
:11.
The existing 1470 Valley Vista office building has a parking supply of approximately 183 standard
parking spaces and 5 handicap spaces available, for a total of 188 parking spaces on site. It should be
noted that the existing offices are in operation and utilize the parking lot during normal business
hours (i.e., 8:00 a.m.-5:00 p.m.).
According to the proposed class schedule, weekday classes will be in session between 6:00 p.m. and
11:00 p.m. and on weekends between 8:00 a.m. and 6:00 p.m. It is anticipated that faculty and
students will arrive at the project site between 5:30 p.m. and 6:00 p.m. on weekdays, and before
8:00 a.m. on weekends.
To determine the hourly parking demand for the existing office building, parking accumulation
surveys were conducted by Southland Car Counters on Monday, February 14, 2005, and Thursday,
February 17, 2005, between 8:00 a.m. and 11:00 p.m. in addition, parking accumulation surveys were
conducted on Saturday, February 19, 2005, between 8:00 a.m. and 8:00 p.m. The survey period was
selected to ensure that the highest parking demand for the project is included in the study.
3/2/0?,KP:1APW30\parking anah•sis.wpd>>
LSA ASSOCIATNS. INC
Table A (attached) summarizes the parking surveys for the existing office use for each hour between
8:00 a.m. and 11:00 p.m. on weekdays and 8:00 a.m. and 8:00 p.m. on weekends. In addition, a half-
hour count between 4:00 p.m. and 6:00 p.m. was recorded on weekdays to observe the peak -period
parking turnover. As shown on these tables, Monday, February 14, 2005, is the peak weekday'
surveyed. The highest observed peak -hour parking demand is 126 parked vehicles at 11:00 a.m. on
Monday, 108 parked vehicles at 3:00 p.m. on Thursday, and 8 parked vehicles at 11:00 a.m. on
Saturday. The existing site provides a total of 188 parking spaces, which indicates that the existing
parking supply is adequate to meet the existing office peak -hour parking demand.
The City's comment letter, dated December 21, 2004 (attached), stated that the parking ratio for the
University of Phoenix will. require one parking space per student and faculty member. With eight
classrooms of 20 persons (19 students and I instructor), the proposed University of Phoenix
expansion will need to provide approximately 160 parking spaces during class sessions.
Based on the class schedule for the University of Phoenix expansion, the class sessions do not
overlap during the existing peak parking demand at the site. As illustrated in Table B and the graphs
(attached), the University of Phoenix expansion could overlap the existing parking demand between
the hours of 5:30 p.m. and 6:00 p.m.
At 5:30 p.m., the existing parking demand is 29 vehicles on Monday and 44 vehicles on Thursday.
With the addition of University of Phoenix parking, approximately.l 89 spaces and 204 spaces will be
required at 5:30 p.m. on Monday and Thursday, respectively. The existing parking supply cannot
accommodate the student and staff parking demand of 160 spaces at 5:30 p.m. However, not all of
the students and staff will arrive at 5:30 p.m., but prior to the start of class session at 6:00 p.m. The
students could arrive after 5:30 p.m., as they leave their place of employment after 5:00 p.m.
As shown on the graphs (attached), patrons from the office building leave the site between the period
of 5:30 p.m. and 6:00 p.m. As patrons from the office building leave the site, the students and staff
for the University of Phoenix will be entering the site, thus creating a parking overlap between the
office and educational uses. The existing parking supply can provide parking to accommodate
approximately 159 parking spaces and 144 parking spaces for the University of Phoenix at 5:30 p.m.
on Monday and Thursday, respectively.
At 6:00 p.m., the existing parking demand is 23 vehicles on Monday and 21 vehicles on Thursday.
Compared to the existing parking supply, approximately 165 spaces and 167 spaces are available at
6:00 p.m. on Monday and Thursday, respectively. Therefore, the existing parking supply at 1470
Valley Vista can meet the full parking demand (i.e., 160 spaces) for the University of Phoenix faculty
and staff prior to class session at 6:00 p.m. In addition, the weekend parking demand at 8:00 a.m. and
2:00 p.m. was one vehicle and seven vehicles, respectively. Based on the parking requirement of 160
spaces, the existing parking supply would be adequate during the weekday and weekend to meet the
dernand for the proposed project.
3/2/0i«P:AAP053 ftarkin_ ana1ysis.%vpd>>
LSA- ASSOCIATES. INC
CONCLUSION
Based on the City's parking requirement, approximately 160 parking spaces will be required for the
=1 C7
University of Phoenix expansion. Based on the parking accumulation surveys conducted during the
C> I C,
weekday and weekend, the ng existing parking supply at the 1470 Valley Vista site of 188 spaces will be
C� In
adequate to meet the forecast parking demand for faculty and students during the weekday after 5:30
p.m. Adequate parking supply is anticipated for all hours of instruction during the weekend sessions.
I trust you will find this information useful for your planning purposes. If you have any questions,
please contact me at (949) 553-0666.
Sincerely,
LSA ASSOCIATES, INC.
Edward G. Alegre
Transportation Planner
Attachments
3/2/05<PAA11W30\parking, -ana1),sis.%%-pd>>
I
Pt
F4-0Spaces
I.R
F,
5:
1?0 13 SpC es
190 Spaces i
&'P
v V
4P,
T
-L
aces
A
LSA
ti
NON4. \1 F
ArRIAL SOURCH:Terraserier
1: AN)i3fl Parking.cch-0 I wil
FIGURE I
Lb7iversitp c) 'Phocnii Diamond Bur
Project Location
•5-d
Yl
R
I
Pt
F4-0Spaces
I.R
F,
5:
1?0 13 SpC es
190 Spaces i
&'P
v V
4P,
T
-L
aces
A
LSA
ti
NON4. \1 F
ArRIAL SOURCH:Terraserier
1: AN)i3fl Parking.cch-0 I wil
FIGURE I
Lb7iversitp c) 'Phocnii Diamond Bur
Project Location
Table A - Parking Accumulation Summary
Time
Monday
02/14/2005
Thursday
02/17/05
Saturday
02/19/2005
8:00 AM
79
77
—1
6
9:00 AM
10:00 AM
11:00 AM
12492
126
96
6
8
12:00 PM
122
93
7
1:00 PM
114
90
7
2:00 PM
108
87
7
3:00 PM
90
108
7
4:00 PM
67
75
5
4:30 PM
64
54
-
5:00 PM
52
51
3
5:30 PM
29
44—,--.
-
6:00 PM
23--.,---
21
3
7:00 PM11
12
4
8:00 PM
7
4
9:00 PM
6
12
-
10:00 PM
4
7
11:00 PM
3
5
P:\AP0530\Counts\05-1038-003.xlskTotals A
Table B - Parking Demand Summary with University of Phoenix
Time
Monday
02/14/2005
Thursday
02/17/05
Saturday
02/19/2005
8:00 AM
79
64
1
9:00 AM
10:00 AM
11:00 AM
99
77
166
124
92
166
168
126
96
12:00 PM
122
93
167
1:00 PM
114
90
167
2:00 PM
108
87
167
--3:00 PM-
--.90
167
4:00 PM
67
75165
-
163
PM
5:00 PM
6454
52
51
5:3 0 PM
183
204
-
6:00 PM
181
163
7:00 PM
171
175
4
8:00 PM
167
172
4
9:00 PM
-10:00
166
172
-
PN�--
164
�--163
167
11:00 PM
165 1
- —1
P:\AP0530kCounts105-1038-003.xls\Totals B
paiin 9j'spou
. ...............
s 09L_J
PDOMIRSOOR
-:09t,
pa inbeisepeds
pg G
inb's'l S-9-3- eidsj09
G'
Mu
Majspo S ng
I:SWB'ds 09
•
•
CD
S91314aA 10 #
00
00.
CP
00.
00.
x
a)
0 0
IL
0
00.
U)
(D
ol
0
00.
00.
CP
t
00.
00.
00.
00.
00.
'0
00.
(51
I&
O 0 00.
ip
0 CO 0 0
0 CO LO 0 Ln
C\j
S91014aA JO 4
00.
00.
1>
00.SLC,
00.
ip
00.
00.
LO
GL0
00.
0
00.
00.
00.
t CJ
00.
t:e
00.
Gi-
00.
00.
i9e
14
00.
00.
�p
irl
0
co
co
co
co
0
0
is
CO
to
0
a_
a_
"D
C
w
E
C
Ln
.90
cq
CL
C%J
o
CL
0 cn
0 CO 0 0
0 CO m 0
C\l
SGIDlqaA 10 #
(D
LO
lk
0-
o
'CP
'am
00.
x
Co.
C:
a)
0
CL
O
in0
E
00.
00.
El
0 CO 0 0
0 CO m 0
C\l
SGIDlqaA 10 #
(D
LO
lk
0-
o
'CP
'am
A=PROX;
UN I VE RO.) I T "r
L
CD1
J.- As6or-Tates, Inc. OF PHOENIX
*r-f':W 11M=.IIer_. ;�'
N
C.;:ED AaZ A-- Z' "lift, =Ra'.Ns :5 E
-EK–%S'4f xAink-4- C, TV4
s
U
LLJ
> Ln
1--U
}C
LU
'j
< Z r)
>0
O
a (E:1)
(Z)
C.)
Oz
V1 LLJ
L
Q,
'x
P In , 1
wfflv,,
MI a - ; i , 1 iA
i
Jn T a! -H gL
oH11A g
� I 'I ug 1
y'ygb'i
R1 11 3; 1
M 'IT
1, 1 11 ill I I P
El
1-n In,
iul!nh 11 1 n a;- 1, aP
14
4,! IN �i
el g. .. lif �! i If
9M
M1111 1 5"
� 91 I
;U -n I 4-H 441 All 51, H
se�z -
FiW!
fin nga ph,11 14 him Hi 1i MMSaha 11111
1- ME I fl!2 _j 1 07 1
6, 5 jb 2 d ; ill lot R1 u
11; , 1 � R! I I U !�,14 d! 4, P., 111 1 ,,, , it's, ig 2;
I HJ 1 1, 191 Ill -11.6 If �� n g U-1 1;.f gf$
41221f - 2a^ ao 89b 5 fl H
MH1 HIM Yxi .1 i
411% if Hfl;; 1 'Hi
" M
eb I gHilj N Mi ffl -t j I
15M, 'r -,j J1!1!9 M 4 V
Hai Z191 I Rig I rg
I
PH
w,
i6-glal g 1-N,
'UH
H1. Iii m flij f
Mill 1, -111
Wlgi MIA
a! -1
WG3 i o
Pat Me
i,4 2
I'S ILI WM
'nullfill g 81111
Bit w gm , INH I --iM 'N b! a 1 9.r
rt�I .11VII '11 Ma 6 A RF 'iffl MH
a°mE
R11 a 611151 .1 'm �, 1 �- �-.q !1
2 P.
LU
z HMO
MH
flun M
LU
w
T
tn
V)
Lu
I-
0
Z
w
lu
zaps_ U
LLJ
1 j
MH
J"
al
f Z111
M Uh M�
H On N ui
0 S
,,- ',
Ill 161. q 0
n3t,
POgg9 U_
In
�1 !, -� w
A I �� ' >-
0 (D
0
ti
V)
Lu
I-
0
Z
w
lu
zaps_ U
LLJ
1 j
MH
J"
al
f Z111
M Uh M�
H On N ui
0 S
,,- ',
Ill 161. q 0
n3t,
POgg9 U_
In
�1 !, -� w
A I �� ' >-
0 (D
0
V)
Lu
I-
0
Z
w
lu
zaps_ U
LLJ
1 j
MH
J"
al
f Z111
M Uh M�
H On N ui
0 S
,,- ',
Ill 161. q 0
n3t,
POgg9 U_
In
�1 !, -� w
A I �� ' >-
0 (D
_ = opiupaia possta IEp Ullip)Cp � - - --eviucnsmuarnun ru rmeumwr - --- _ 5 � '
531���Q$S� Sb�jj�s ��iu�dbu�l 3NO 13A31 — NVId 'dOOl3 _ y g
If
M _
t I,! Arli
o
JK
I I U)
LL Z
<
'AgA
NO LLJ z Z
0 _3
i fR1 Fal.�LLJ c)
CD
1V w _j
(L CL CL
az EL
Z
Er 0 < 0
w— uj
W
IL � ui <
LL
CL
50 2i o D�
R 0 U_ U LL Uj
L) z Q Z
Z o
A LL z
LID vl
gr 0 0 — _j
0
.;NRIA w U_ < LU
C) 0 Z 0 Z
a U_ <
C14 CL
IL z 0 0 Ll p Ww
WH WHo
g
r"'g,!J, <
a,
FL C)
co
f 1. �.,Eouu
"R Z W UJ
�gnillllo 0 C) r
'ERR
LL LL LL
06 C14 z
0
0
Lo
C L CNI) CL CL IL EL
uj
�MIRL LL.
ui w
1 F-
U) 0 Z w UJ z
CL ui
5 3: _j
U) (9 <
w 0 LU R11-11 i
0 0 co
uj LF) 0
LL LLJ U)
M
U) U) 0 U U) Ll
1(;1.1 IST;
UM, U_
Z
D 0 c) W
LO
0)
14 w Iu 00
0)
N - o < CL
co 0
llffj��i , N I - I I!, w or- C14
C) U) LLJ U)
af'v
LIM
_j U_ LL U) LL
U) U)
Z < z
U ' 7 "D �e
Z
_j
p.
LO
04
o Co
LO I EL" g, I
m It 0) LO 9 0) C>
m IPC i �t �; 0 0, 0 q 0) 0
L'iTfco
E C? 9 U.) d.
0
L6 L6 L6
N It It
C:) C) 0 0
L6 LID 0 LIS L6 It 000 OO
OO C C> 0 0000 C) 0 CD 0 i&q� OLID co C) C) 0 0
C) 0 0
0 o 04 0 q 0 C%4 w C4 N N N N C4 04
N ON
t C-4 c-4 C,4 CL C,4 C14 N IN Im 3; CL
D
> a -
IL 0' >> CL W ry
0 <
U)
Z
Z
W UJ
C.) (D
o Cc 0 o- a
U) U_ z (D W cn i
U) CO E C: < CO 0 (D z C: (UD)
0 > LU w (D (D
co
9 �_ > co W
0 c: E (D w D E 0 U)
L_ W Uj (D Z w > n Z CL ry
W! 0 — _j
< U_ ry 00 < 0
Oma'ca C; F- 01 < 00 ca _j
M U) a) > U_ 7FD CC) .0
00 C N < [L U) > C 0
UJ < co, (D 0 =3
0 E
a
c-, a. 2 <- 0 m
z _J 0 U) LL E z F-
0 (D CD Z a) E
-0 2:' -0 W U) z E Z *0 rZ Z
Z �: a) C: w 31 Z) 0
co Ej t 10 cr- 0 z 7a ca a 0
0 E z C;) Z 00
N 5; 0 E < U) z z w
0 , < =3 a 0 c,) w r- E 0 a 0 w
C: CL z: 'A w o
awl 0 U) z o < z
U) >
0
z
w
(D
w
_j
cr
LL
03
LL
cr
z
O F-
2
:5- LL
U -c
O —
LL
LL
I
Alt
Z
0
z
0
<
Z
Q-
Z
N�
<
0
LU
<
0
LU
TN.
PUll „�ry iF.CL
Q:
0
CL 0:
0
0 LL
0 z
0 LL
0 z
LU
F-
z
-i
U
z _j
U-
W
-
0 Z
0 Z
W—
0
uj
0
uj F-
U)
F -
z
p: 0
P 0
o<
to <
V N
Z
—
z
Z d'
0
(9
z
z
F- 0
TI
Li ., I
Cf)
z LL
�5
z U-
U)
LU
z
0
U)
w
< 0
C-) z
co
LU
< CD
0 z
1
wQ-
try
<
iL
WORK'.,,
z
LU
LU
tom
Z
UJ
:5
W
C)
Rj
W
ui
D
z
>-
LIJ
I
CL
z
0
C) 0
uj 2
d
O
<
uj
Lij
0
F
0 Lu
0 ui
't
Cli
r
CO
LO
F-
U)
0)
C.0
04
ry try
M
,
0)
co
CN
I--
C\l
o
C14
IN
IN
U)
U)
I'M
U-
z
CO
1
0,11
1
W,
CN
9
CO CIJ
(09
M
C?
N
9
Cl
0
6
a)
Cl 00
c)
N
c)
0
04
ZD
0
N
C\1
:2N
Eu -
O
ID
U)
ui
< (D
-D
(1)
W�;
E
< 0
=.E
a)
D-
E
o
Q.
ly-
3:
Q- Co
U-
cu
<U-
im
0
0
CIO
U-
a)
Z=?
0 a
0
C/)
05
do
C�
5; ca
:2
U)
C,
z
Lu 0
<
>
< a)
C-) N
< 0
J
<
z
<
Q. C.)
11
o U-)
co
x
Z
61
I
Customer Cop
IIII VIII VIII IIII IIIIII Ii IIIIIIIIIIIIIII
iIIIIIIIIIIII
Label 11-F June 20
�U.EXPRESS
EV 498074615 U$
MAIL
.
ffel -.1 M III Men
UNITEDSTATES POSTALSERVICEe Post OfficieTo Addressei
I 1j, M!Llmaj
PO ZIP Code Day of Delivery Flat Rate Envelope
.a zawv&-q
Delivery Attempt
Time Employee Signature
El Next El Second n
Mo. Day
1-1 Am El Pm
Date In Postage
Delivery Attempt
Time Employee Signature
Mo. Day Year 0 12 N... ❑ 3 PM $
Mo. Day
AM ❑ PM
Time In Military Return Receipt Fee
Delivery Date
Time Employee Signature ---
0 AM El pm El 2.d Day El 3rd Day N,
M;j. Day
1:1 AM ❑ PM
Weight Int'l Alpha Country Code COD Fee
Insurance Fee.A
>jROFS1rytoAdditionalI
1�.af G
` .- — —
ce Is void H
lbs. 0
l9nature Is Is It be made Wthoutlobtaining signature of
addressee or add I ud at ardcg n be left In secure
11
No Delivery Acce ptance Clerk Initials Total Postage & Fees
location) iindj autho r a t IV. crildl v P f of delivery
0 Weekend El Holiday
$Signature!
"R. PEEJVERY, ask V,
III
-v, no.momm�
V. N or
Federal gwcyAc
S2. A.
Poe No.
Postal
METHOD OF A
Express Mad Corporate Acct No. A 9 17 2 0
F WA cAcct. No. .
Fg�W Sellers Acct. No.
FROM: (PLEASE PRINT) PHONE 0') 039 '7030
TO: PLEASE PRINT) PHONE
I
CITY OF J I A' 10 0. S of
".K
121825 L"PL"Y
I -a C
UJAMON,D 6AR CA 9 116'7,-4.116
�1 if
z -
L/ C. (J
L
-J L
N RIP -11
se
Customer Cop,
IIII VIII VIII IIII IIIIII Ii IIIIIIIIIIIIIII
iIIIIIIIIIIII
Label 11-F June 201
EXPRESS
AWMAIL
EV 498074624 US
UNITED STATES POSTAL SERVICE® Post OfficeTo Addresse4
1. ZIP Code Day of Delivery Flat Rate Envelope
Delivery Attempt
Time Employee Signature
El Nesecond F-1
Mo. Day
-1 PM
1-1 AM ❑E
Date In Postage
Delivery Attempt
Time Employee Signature
Mo. Day Year 0 12 Won 0 3 PM $
MO. Day
11 AM 1:1 PM
Time In Military Return Receipt Fee
Delivery Date
Time Employee Signature
[I AM 0 PM El 2nd oey El 3,d ow -
MO, Day
Pq- P m,
Weight inti Alpha Country Code COD Fee
insurance Fee
W Insurance ie void If -
=jnTqUuFaE
pr at Wish delivery to be made without obtaining I.rtatur. of
lbs.
addreesoa or addressee'sagent'llefivery I'. can boll ft In secure
anl� 6.
titausi'
o.zs.
I No Delivery Acceptance Clark Initials Total Postage & Fees
re
location) and I authorize tht alvr� MP,4 tufa �Ildafcfd
LIVIE wee c.11 P
- NO DIE RY
F-1w..kond ❑ Holiday $
. .M.4�
'Customer Signature
PAYMENT:
MD—P—: Zaoll'Corpomls
V. N or
Federal gwcyAc
S2. A.
Poe No.
Postal
No.
Acct. N
FROM: (PLEAsepAiNT) PHONE );moi 1% )30
TO: (PLEASE PRINT) PHONE I I
C I T Y' 0 F 0P 1 A MY 00% U 6 A
121825 CCL r ' OR
D1,4 0 i.t N D A C, A 9 116,3—t 118
�1 if
-J L
ib
IILllllllllllllll�lllllllllalllllltll:VIII '
567 US '
Custannerf Copy
'I t.abei 114e Juni 260
Xi3RESS
osrncseRv�ce® POSt�ffIC@TOAddreSSee
" _- DayoIDelivery 1:
PO ZIP Code -
FlatRateEnvelope
-
'. .'. i
Delivery Attempt • -
'-'• ._:.
Time '.._ `.;,
Employee Signature ,..,
..:..,.. ...
❑ NaM ❑Second`
ElMo
-DaY
El AM ❑ PM"
� `Date In „ ,-' .._ .•.. '
.Postage
Delivery'Attempt �.
Time ' -
-EmployeeSlgnature
•
"
❑ t2 Ncan ❑ a PM
•
'� "
Mo Da
❑ AM ❑ PM
r y
-' -
Mo Da Year
".Time in L" Military.
.
Return Receipt Fee
�;
Delivery Data
Time -
Employee Signature
-❑ AM ❑ PM ❑ znd oar ��❑ and Dav'
Walght - int'I-Alpha Country Cade
.::„ .. - ..: '
COD Fee Insurance Fee
o Day
t, ...,U ..r
WWAtVE CF 81pNA'TUREi�m
❑ AM '. ❑ PM
1 4av n,c iy iq S nt�bYb iv i ry
ria O�/yjnddlNct+e� to YxgmrlwWvo,);gMy iNpuo-
h W tvay to out o Ing o1 :
," '. _
-lbs. ozsc1r
PT rmtu ps ragyaeGed.I -6e made eign¢ture
adtlrobsee ol^kddreaaee e¢Qpm (It delivery emPryrWwyyeeeppp'''1Ud0.ep a411 til, I
�tdcatkyti),and`i Mujhorize that detivery MAProY 5'eiatard'edv
I
aeo4t r �tx .,
deY, x
- No Dellvery : Acceptance Clerk Initials
"
Totes Poatege &Fees
.,,Q
OEL111i�Y•j—j
Weedlerid
,, dd" ,�i " ;� t�k5 l� �, r_' H yi t)��4 f+ t
d
oekend ❑ HoildaY
I
METHOD OP PAYMENT- •; •...:':
�2 y q, �y, t,
No 2- J
t 2
.ry '.
_ . tom: " ..:::. • : ...,
ml AgoncY Acct No or
, Postoi Service Acct No
..Express Mall Corporate Acct Ji 7 S i RJ
.y'
�})
FROM."IPLFJ13E PRIMIPNONE`1 09 }'"
y -�
3• i 0..,tx t7
TO LEA9E PRINT) I
r
apt /G'(
625 'Ct�OPLEY Dry
9..`C/Ir'tJ
J. G1�-
�Z•y C
5.f 1`�7'�,1, 'raLi I;J i8 i ;; ' • . ':':' C A
, ,. i �1. l ,a.. ;i tJ /�'
LbZ2 Ci - f� o C .3 J �/! ft45
t
i
Customer Cop
- R - Label 11-F June 20(
EXP
SS
EV 498074522 US MAIL
UNITED STATES POSTALSERVICEs Post OfficeToAddressef
-a • a .a e,
PO ZIP Code Day of Delivery Flat Rata Envelope Delivery Attempt Time Employee Signature
❑ No# ❑ Second
❑
Mo. . Day
❑ AM ❑ PM -
Date In
Postage
Delivery Attempt
Time Employee Signature
Mo. bay Year ❑ 12 Noon - ❑ 3 PM
$
Mo. Day
AM ❑ PM
Time In Military
Return Receipt Fee
Delivery Date
Time Employee Signature
I'
❑ AM ❑ PM, ❑ 2nd Dny ❑ 3rd Day..
Military
o Day :.
❑ AM. ` ❑ PM
Weight - Int'I Alpha Country Code 'COD
Fee
Insurance Fee
_ ..... ::._ • -,:,..
'AjyER OF SIG Ongj Additlorre�mambendlw lneurenoe is void IV,
Weight
Int'I Alpha Country Code
COD Fee
r.
afvor of signator. la r.quosteda wish delivery to tie made without obtaining signature of
lbs. ozs.
:addreaaee or addreeaee's'pgarrt Ql delivery empl ao{ae.{ttdges that article camps left in secure
`:location)'and'I authorize that delivery employe tg canet9utesvalid 9roo fdelivery -
No Delivery Acceptance Clerk initials, -
Total Postage & Fees
ND DELIVERY Weekend Hdjday ; " /� , i
'•
IS
❑ Weokend' ElHoliday.p
Customers gnatu
Le
METHOD OF PAYMENT:
Federal
Federal Agency Acct. No"
Spruce Moil Corporate Acct. No. ` "l ) "` (j .
i
Postal Acct No.
FROM: (PLEASE PRINT).t��{
PHONnp +,3 LJ Rte.'
� •Y J � �t �
s TO: (PLEASE PRINT)' •
PHONE 1 1
r
i
...
CITY fed. DIAM(J110 AK'
2182!) G UW L Y air.
r c,`,r G U /174-
C A
91765-41Y8
?
P/r'c /�,IUPr r� iGGG�
Ll� C) 5 • / `/ // `ti f �� t , A , "1,)4, I_
1111 III�I 111 IN 1111111111 11�
EV 498074540 US
PO ZIP Code
Day of Delivery
Flat Rate Envelope
❑ NW
❑,Second
❑
Date In
Postage
Mo. Day Year
❑ 12 Ncon
❑ 3 PM
Tme In
Military
Return Receipt Fee
❑ AM ❑ PM -
E12nd Day
❑ 3r. Day
Weight
Int'I Alpha Country Code
COD Fee
Insurance Fee
Ihe. nuc.
Customer Cop
Label 11-F June 20,
EXPRESS
MAIL
UNITED STATES POSTAL SERVICEs Post OfficeToAddressel
EMEEDEM43M=
Delivery Attempt Time Employee Signature
Mo. Day ❑ AM ❑ PM
Delivery Attempt I Time, I Employee Signature
Delivery Date ( Time I Employee Signature
OF
No Delivery Acceptance Clerk Initials Total Postage & Fees -r
NO DELI Weekend a Ho7laay m^ r t
❑Wookond• ❑ Holiday -`" ustomer9lgnety ✓
Mimi
METHOD OF PAYMENT: .
Express Mall Corporate Acct No. A9!7206 Federal Agorcy Acct o. or
`may Postel cervica Acct No.
FROM: (PLEASE PRINT) PHONE(& ti ) 'k .y TO: (PLEASEPRINT) PHONE { 1
F_ -1 r
OF U I.;;'1t-ir1L} `•A,�
LA 917b_-) ;T118
G I � �•
0 14-1
i
EV 498074575 US
iNo Delivery Acceptance Clerk Initials Total Postage & Fees
❑ Weokond ❑ Holiday W
METHOD OF PAYMENT: [a 1 9 `
IEgress Mail Corporate Acct: No. A 7' d Y 2 tJ 44{J// r �y ,a �1
FROM: (PLEASE PRINT) PHONE ('� Ia 7 V J kJ
825 CCYLE—YR'
I U,E AsyrLl' 30 c3 A}r, C,l. 9 l 1 b5—�+1 7 8
Customer Cop,
_ Label 11-F June 20(
jo.MAIL
/V AIL s� I�,1,1
UNITED STATES POSTAL SERVICEO Post OfficeToAddressel
Delivery Attempt Time Employee Signature
Mo. Day ❑ AM ❑ PM
Delivery Attempt Time Employee Signature
Mo. Da - ❑ AM ❑ PM
Delivery Date Time Employee Signature
Mo.. - Dov ❑ AM ❑ PM..
Federal Agency Acct. No. or
Postal Service Acct. No:
I- TO: (PLEASE PRINT) PHONE I I
�
Cj' fp f i' f.1'1 ry -r4 C 0 S .
%'FAL o��-fzO
L7
2 0 /L/r?U UG/I, (/ U!5"ft:.. G .;SJ L . .
I�III�II�II�IINII�111111191�IINI�1111�II'VIINII�I
EV 498074584 US
PO ZIP Code
Day of Delivery
Flat Rate Envelope
PO ZIP Code
Day of Delivery.
'.
Flat Rate Envelope
I❑
Date In
❑ NOM
❑ Socond
❑
Date in
•Noon
Postage "
Mo: Day Year
❑ 12
❑ 3 PM
$
Time in
Military
Return Receipt Fee
❑ AM ❑ PM
❑ 2nd Day
❑ 3rd Day
Weight
inti Alpha Country Code
COD Fee
I Insurance Fee
iNo Delivery Acceptance Clerk Initials Total Postage & Fees
❑ Weokond ❑ Holiday W
METHOD OF PAYMENT: [a 1 9 `
IEgress Mail Corporate Acct: No. A 7' d Y 2 tJ 44{J// r �y ,a �1
FROM: (PLEASE PRINT) PHONE ('� Ia 7 V J kJ
825 CCYLE—YR'
I U,E AsyrLl' 30 c3 A}r, C,l. 9 l 1 b5—�+1 7 8
Customer Cop,
_ Label 11-F June 20(
jo.MAIL
/V AIL s� I�,1,1
UNITED STATES POSTAL SERVICEO Post OfficeToAddressel
Delivery Attempt Time Employee Signature
Mo. Day ❑ AM ❑ PM
Delivery Attempt Time Employee Signature
Mo. Da - ❑ AM ❑ PM
Delivery Date Time Employee Signature
Mo.. - Dov ❑ AM ❑ PM..
Federal Agency Acct. No. or
Postal Service Acct. No:
I- TO: (PLEASE PRINT) PHONE I I
�
Cj' fp f i' f.1'1 ry -r4 C 0 S .
%'FAL o��-fzO
L7
2 0 /L/r?U UG/I, (/ U!5"ft:.. G .;SJ L . .
I�III�II�II�IINII�111111191�IINI�1111�II'VIINII�I
EV 498074584 US
PO ZIP Code
Day of Delivery
Flat Rate Envelope
NOM
❑ Socand
❑
I❑
Date In
Postage
Mo. Dav Year
❑ 12 Noon
❑ 3 PM
Time In
Military
ReturnReceipt Fee
❑ AM ❑ PM
❑ 2nd Day
❑ 3rd Day
Welaht
I Int'I AIDha Country Code
I COD Fee
I ineu
Customer Copy
Label 11-F June 2002
EXPRESS
MAIL
UNITED SWESPOSTAL SERVICE ® Post OfficeToAddressee
Illgimuffil- e
Delivery Attempt Time Employee Signature _
Mo. Day ❑ AM ❑ PM
Delivery Attempt Time Employee Signature
Mo.
Time I Employee Signature
void if:
lure of
secure
In.. OM Tocation) and I euthorke that dellvary employep.e9lgnsture wnstttu velitl prool at delivery
No Delivery Acceptance Clerk Initials Total Postage &Fees ( �,
.�,NODELIY owaakend �Holtde-_": - f
❑Weekend ❑Holidoy $-Cuary ;.-er Slane
•
METHOD OF PAYMENT: ••� f ? Fetleral Agency Acct. No. or
Express Mali Corporate Acct. No. + �� .:. 1 :� t+' y�r yy 7 Postal SeMce Acct. No.
FROM: (PLEASE PRINT) PHONE (p"a 'T + ' TO: (PLEASE PRINT) PHONE
,
G z TY (16=u T A 1111 i t f{ 'v5 A:� � �Ci ! �c L-�
G Ct �� 7 1. i I_ C i' 'v' ;ti �,,c� � / i / �
Lot .� A M kj �! Li b :�, n, rY. A 9 17 :� "''� .E �! :.3 t"�G(t r G, 1r7 r�
/ C-'�,5
L �
L
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
On June 28, 2005, the Diamond Bar Planning Commission will hold a regular
session at 7:00 p.m., at the South Coast Quality Management District/Government Center -
Auditorium, 21865 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 June 24, 2005, a copy of the Notice
for the Regular Meeting of the Diamond Bar Planning Commission, to be held on June 28,
2005, was posted at the following locations:
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 June 24, 2005, at Diamond Bar, California.
Stella Marquez
Community and Development Services Department
&\\affidavitposting.doc
June 20, 2005
To: City of Diamond Bar, Plamling Commission
From: Property Owners within a 500 -Foot radius of subject site
Subject: Development Review No. 2004-34
The following are some issues concerning the construction and development plan of Randy and
Olga Rodriguez' property:
Construction Noise and Traffic - The building of a large structure will bring prolonged noise
and traffic during Construction. During COnstruction, large machineries would move in and out
Of the construction site. Construction noise will continue for the duration of the project.
Residential Noise and Traffic - Currently, there have been some complaints of excessive noise
and traffic coming from the current residents; noise such as, screeching of tires whenever the
resident's trucks race up the hillside, loud music, as well as partying noises.
The new development would mean an increase in residency residing on this property, which will
accotiilt for an increase in traffic and noise. Additionally, building of basketball court, tennis
Court. and swirllillin�11 pool would most likely increase undesirable noises as well.
Incompatibilities )pith current neighborhood - The development of such a structure is
incompatible with the existing structures in the neighborhood. Such a development may have a
negative inlpact-on the value of the neighborhood.
Possible destabili; ations of current hillside - Recent rainfall has demonstrated that hillside
homes are septic to landslides. The concern being raised here is the excavation of the hill for the
develolllllerit. The excavation of the topsoil may allow water to be more easily absorbed by the
hillside. w111C11 May cause an unforeseeable landslide in the fixture that may affect neighboring
properties and their values.
Above arc sonic Cor CCC -11111L1 issues raised by some homeowners within the 500 feet parameters
h-oiil the RodrICluez property. Soule coiicerniilg neiglibors would like to remain anonymous thus,
please 1<cep the.ertiricr1ures c•onfidenual.
SignaLu�es