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HomeMy WebLinkAbout03/28/2006PLANNING FILE COPY March 800 7:00 P.M. I South Coast Air Quality Management District Government Center Building - Au•torium. 21865 Copley Drive Diamond Bar, CA Chairman Joe McManus Vice Chairman Steve Nelson Commissioner Ron Everett Commissioner Kwang Ho Lee Commissioner Tony Torng 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 I/ of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting must inform the 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 MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A, member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facil ' itate 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 REQUIREMENT A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(cDci.diamond-bar.ca.us I : A awm UMN11"M"A 11. E, W - � ki � I CALL TO ORDER: 7:00 p.m. Next Resolution No. 2006-11 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe McManus; Ron Everett; Kwang Ho Lee; Steve Nelson; Tony Torng. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary. (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. 4.1 Minutes of Regular Meeting: March 14, 2006. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 Development Review No. 2006-08 — In accordance to Chapter 22.48, this is a request to remodel and construct an addition of approximately 780 square feet of habitable space, deck, covered patio and an additional one -car garage to an existing single-family residence of approximately 2,730 square feet with an existing two -car garage. Project Address: 409 El Encino Drive (Tract 27532, Lot 4) MARCH 28, 2006 PAGE 2 PLANNING COMMISSION Property Owner/ Applicant: Mr. Albert Luong 409 El Encino Drive Diamond Bar, CA 91765 Environmental Determination: In accordance to the provisions of the California Environmental Quality Act (CEQA), Section 15301(e), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-08, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Development Review 2006-071 Minor Conditional Use Permit 2006-03 — In accordance to Chapter 22.48, this request is for approval of plans to construct a first and second story addition of approximately 829 square feet to an existing one-story single family residence of 1,280 square feet. Project Address: 2605 Rising Star Drive Property Owner: Steven & Luzmaria Babbitt 2605 Rising Star Drive Diamond Bar, CA 91765 Applicant: Landmarks Design Attention: Charles Krausman 515 W. Commonwealth Avenue, Suite 211 Fullerton, CA 92832 Environmental Determination: The City has determined that these projects are Categorically Exempt per the California Environmental Quality Act (CEQA), Section 15303 (a). Recommendation: Staff recommends that the Planning Commission approve Development Review 2006-07/ Minor Conditional Use Permit 2006-03, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3 Tentative Parcel Map No. 061702 — In accordance to Chapter 21 of the City of Diamond Bar Development Code, the applicant has requested the following approval: Tentative Parcel Map No. 061702 to subdivide one lot into three parcels. arcels. The project is consistent with andan implementation of the Diamond Bar Village Specific Plan. Project Address: West of Grand Avenue and South of Golden Springs Road MARCH 28, 2006 PAGE 3 PLANNING COMMISSION Property Owner: Target Corporation 1000 Nicollet Mail Minneapolis, MN 55403 Applicant: Pfeiler &Associates Engineers, Inc. 660 N. Diamond Bar Blvd. Diamond Bar, CA 91765 Environmental Determination: On June 29, 2004, the City Council approved and certified an Addendum to the previously certified Environmental Impact Report. It is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resource Code Section 21166 or Section 15162 of the CEQA Guidelines exists, therefore, no subsequent or supplemental Environmental Impact Report or Mitigated Negative Declaration is required to be prepared. Recommendation: Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of Tentative Parcel Map No. 061702 to subdivide one lot into three parcels. 7.4 Conditional Use Permit. 2004-01, Development Review 2004-19 and Variance 2004-02 — In accordance to Chapter 22 of the City of Diamond Bar Development Code, the applicant has requested the following approval: a modification to the conditions of approval of City Council Resolution No. 2005- 60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02. Project Address: Diamond Bar Blvd., between northwest corner of Cold Springs Lane and southwest corner of Fountain Springs Road (Country Hills Town Center) Property Owner/ MCC Realty Management Applicant: 9595 Wilshire Blvd., Suite 214 Beverly Hills, CA 90212 Environmental Determination: A Mitigated Negative Declaration was approved for this project on December 6, 2005. The proposed Modification to the conditions of approval will not create additional environmental impacts over those reviewed in the Mitigated Negative Declaration and will not change the project description from that in the approved Mitigated Negative Declaration. MARCH 28, 2006 PAGE 4 PLANNING COMMISSION Recommendation: Staff recommends that the Planning Commission adopt a resolution recommending City Council approval of the modification to Conditional Use Permit 2004-01, Development Review 2004-19 and Variance 2004-02. 8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 9. STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS-, CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: PUBLIC WORKS COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Tuesday, April 4, 2006 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Tuesday, -April 11, 2006 — 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, April 13, 2006 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive Thursday, April 27, 2006 SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 14, 2006 CALL TO ORDER: Chair McManus called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Ron Everett led the Pledge of Allegiance. 1. ADMINISTRATION OF OATH OF OFFICE: CC/Cribbins administered the Oath of Office to all Commissioners. 2. ROLL CALL: Present: Commissioners Ron Everett, Kwang Ho Lee, Joe McManus, Steve Nelson and Tony Torng. Also present: Nancy Fong, Interim Community Development Director; Bradley Wohlenberg, Assistant City Attorney; Ann Lungu, Associate Planner; and Stella Marquez, Senior Administrative Assistant. 3. REORGANIZATION OF PLANNING COMMISSION: a. Selection of Planning Commission Chairman. Commissioner McManus nominated Steve Nelson. Commissioner Torng nominated Joe McManus. There were no other nominations offered. Commissioner McManus was elected to serve as Chairman of the Planning Commission by the following Roll Call vote: Commissioner Lee: Joe McManus Commissioner Nelson: Joe McManus Commissioner McManus: Steve Nelson Commissioner Everett: Joe McManus Commissioner Torng: Joe McManus MARCH 14, 2006 0 5. 6. r -A a E DRAFT ig PAGE 2 ' PLANNING COMMISSION b. Selection of Planning Commission Vice -Chairman. Commissioner Torng nominated Steve Nelson. There were no other nominations- offered. Commissioner Nelson was elected to serve as Vice Chairman of the Planning Commission by the following Roll Call vote: Commissioner Torng: Steve Nelson Commissioner Everett: Steve Nelson Chairman McManus: Steve Nelson Commissioner Nelson: Steve Nelson Commissioner Lee: Steve Nelson MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: As Presbrited. CONSENT CALENDAR: 6.1 Minutes of the Regular Meeting of February 28, 2006 C/Torng moved, C/Lee seconded, to approve the minutes of February 28, 2006, as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng Lee NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Everett, VC/Nelson, Chair/McManus ABSENT: COMMISSIONERS: None OLD BUSINESS: None NEW BUSINESS: None CONTINUED PUBLIC HEARINGS: 9.1 DEVELOPMENT REVIEW NO. 2005-31 ANDMINORCONDITIONAL USE PERMIT NO. 2006-03 — In accordance with Code Sections 22.48 and 22.56, this was a request to construct a new three-story single family dwelling of MARCH 14, 2006 aDRAFT PAGE 3 PLANNING COMMISSION approximately 9,288 square feet (including porches, balconies, covered patios, swimming pool, tennis court and an attached six car garage) on an existing vacant 1.68 acre parcel in the R! 20,000 zone with a consistent underlying General Plan Land Use designation of Rural Residential. The applicant also requested approval of a Minor Conditional Use Permit to allow a driveway width greater than fourteen (14) feet at the street property line. (Continued from February 28, 2006) PROJECT ADDRESS: 2502 Razzak Circle (Lot 181, Tract 30578 APN 8713-009-066) Diamond Bar, CA 91765 PROPERTY OWNER: Mr. and Mrs. Wasif Siddique 11076 Venture Drive Mira Loma,, CA 91752 APPLICANT: Bob Larivee 17 Rue Du Chateau Aliso Viejo, CA 92656 CDD/Fong stated that although the applicant submitted new plans there were technical issues that needed to be resolved and staff was recommending that the Planning Commission receive testimony and close the Public Hearing. Staff will re -advertise the project for a future public hearing when the project is ready to move forward. With no one present who wished to speak on this item, Chair/McManus declared the public hearing closed. 10. PUBLIC HEARINGS: 10. DEVELOPMENT REVIEW NO. 2003-01 — Originally approved on May 27, 2003, to allow for the operation of a restaurant and bar with entertainment (i.e., entertainment shall include only a jazz band, guitarist and pianist on a small state within the bar; and a DJ with dancing for banquets and private parties held within the banquet room) at the location referenced below. Condition No. 5(o) of the Conditional Use Permit requires that the City periodically review the operation to assure compliance with conditions of approval and consider whether to modify, add conditions as necessary or revoke the permit. MARCH 14, 2006 PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: flDRAFT PAGE 4 PLANNING COMMISSION 245 Gentle Springs Lane (Scribbles Grill & Restaurant) Diamond Bar, CA 91765 P.N. Patel, Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, lendora, CA 91765 Raj Astavakra 6226 N. Calera Avenue Azusa, CA 91702 CDD/Fong stated that the owner was out of the country and requested the public hearing be continued to April 11, 2006. Chair/McManus opened the public hearing. Henry Lee, 364 Prospectors Road, presented the Commission with a letter signed by residents who are concerned about the restaurant and would like for the commission to revoke their permit. Mr. Lee said he was not sure that he would be available to return on April 11, 2006, for the public hearing. Mr. Lee stated that he believed Scribbles was violating their Conditional Use Permit by allowing loud rap groups that drew unsavory elements to the community. Vehicles have been vandalized and open containers of alcohol are being strewn about the cul-de-sac area at the end of Gentle Springs Lane. Patrons of the restaurant have been observed vandalizing the entry gate, parking illegally in the complex, urinating on the premises and female patrons have been observed changing their clothes. He and his neighbors are very upset because Diamond Bar is a family community and children are present. Ming Wen Su said she lives close to the gate and every weekend (Thursday, Friday and Saturday) the music is so loud that it vibrates herwindows. She is a speech and hearing scientist and used her sound meter to measure the decibels. In front of her door she measured the sound at 84 decibels and closer to the restaurant it was at about 120 decibels. People who live on the same side of the complex as she complain that they are unable to sleep at night and even when she sleeps on the opposite side of her unit she can hear the loud music vibration. She says she frequently calls the, police to complain and the police tell her that the business was not just a restaurant but a disco pub as well. When the department sends officers the business 1 1y W - MARCH 14, 2006 PAGE 5 PLANNING COMMISSION turns off the music and when the officers leave the music starts up again. She said the Sheriffs Office encouraged her to call each time there is a problem but after several months of nothing being done they feel, helpless. Every Thursday, Friday and Saturday the complex has to shut down their gate to keep.the patrons out. One weekend a group was hanging out in the parking lot and walked toward the car so she felt like she had to drive away. She has seen groups try to force the gate open and she and her neighbors can detect the odor of burning marijuana. Her father asked them to stop and they retaliated by shaking cars in the parking lot until the alarms went off. She said it happens on a frequent basis and she and her family are very concerned for their safety. Some of her 'neighbors feel they must move out because they cannot live under these conditions. Chair/McManus asked the speakers to come back to the meeting on April 11 and bring as many of their neighbors as possible so that the City would be able to get their concerns on the record. VC/Nelson asked Ms. Su to give an example that was equivalent to 84 decibels. Ms. Su said that 84 decibels was equal to honking traffic in a large city and 120 decibels would be equivalent to standing next to a moving train. Mrs. Su responded to C/Everett that the bass sound records at 84 decibels at her door. Mr. Lee stated that some of the residents told him last night that they had been verbally accosted by patrons of the bar demanding that the resident open the complex gate and allow them into the parking lot. C/Torng asked staff if there were similar Conditional Use Permits in the City. He recommended that at least one Sheriffs Deputy be asked to join the April 11, 2006, meeting. CDD/Fong responded that as indicated in staffs report, the approved entertainment for this facility is limited to a DJ and dancing only within the banquet room and not within the main bar and restaurant areas. She believed that according to the police report the restaurant has gone beyond the City's approval. Most certainly the Sheriffs Department will be available on April 11 to provide testimony as well. The Sheriffs Department personnel were not present tonight because the applicant requested continuance to April 11, 2006, and the applicant must be given due process to respond to the issue of public safety. On April 11, 2006, staff will provide the Commission with a presentation that includes evidence of possible non-compliance, response to public safety, police reports, etc. MARCH 14, 2006 �-F PAGE 6 PLANNING COMMISSION The speakers are invited to bring all of their information to the April 11, 2006, meeting so that it can be included, in the report. C/Lee asked if noise levels exceeding levels allowed under the Municipal Code could be considered a public safety hazard and CDD/Fong responded that thecode indicates a maximum decibel level that a business is allowed to generate. e. If the decibels are exceeded the business must provide noise attenuation inside of the building to meet the minimum noise standards. C/Lee asked if noise could be considered a violation of the Conditional Use Permit. CDD/Fong responded that this forum gives the Planning Commission the opportunity to determine whether the applicant meets the noise ordinance standards under the Conditional Use Permit that was granted by the Planning Commission and if the Commission determined that the applicant did not meet the standard the Commission could impose additional conditions or revoke the Conditional Use Permit. C/Everett asked staff to include the detail of reported incidents in their April 11,. 2006, report and indicate whether crimes occurred as a result of those incidents. He felt it would be also helpful to have feedback provided by the Los Angeles County Fire Department because of the reference to the department handling a possible safety hazard/code violation on July 22, 2005. CDD/Fong stated that due to the confidential nature of incident reports staff is allowed to provide only a certain amount of information with respect to incidents. C/Torng asked why the Planning Commission should not suspend the Conditional Use Permit at this time based on the applicant's non-compliance and ACA/Wohlenberg explained that Conditional Use Permits are considered "land use entitlements" and the City must observe due process before permits can be reduced or revoked. The public hearing process allows all sides to present their evidence and because the reports are not complete and the applicant is unavailable the City could not take any action to reduce or revoke the permit at this time. Chair/McManus asked if the Sheriffs Department had records back to 1995 and CDD/Fong said she believed so although only one year's worth of service calls would be considered. Chair/McManus felt that the evidence should reflect the history of complaints over the past number of years. Without objection, Chair/McManus declared the public hearing continued to April 11, 2006. k MARCH 14, 2006 PAGE 7 PLANNING COMMISSION 11. PLANNING CO M MSSION ER COMMENTS/INFORMATIONAL ITEMS: C/Lee welcomed new Commissioners Everett and Nelson and hoped the Commissioners would work together to make wise decisions that would benefit the people. C/Torng said it was his honor to be a Planning Commissioner and to work with two new Commissioners and Chair/McManus. Today's issue was the first matter that he felt required input from the Sheriffs Department. C/Evereft thanked staff for his welcome and orientation and said he looked forward to their continued support as well as the support of his colleagues. He congratulated Chair/McManus and VC/Nelson on their appointments and thanks Council Member Tye for appointing him to serve on the Commission. He said he looks forward to serving with integrity. VC/Nelson thanked Council Member Zirbes for appointing him to the Commission and thanked his colleagues for their vote of confidence in appointing him Vice Chairman of the Commission. He vowed to support his colleagues and Council. Chair/McManus welcomed his fellow Commissioners and thanked them for asking him to continue serving as Chairman. 12. STAFF COMMENTS AND INFORMATIONAL ITEMS: 12.1 Public Hearing dates for future projects. CDD/Fong reported that C/Chang appointed Ruth Low to serve as a Parks and Recreation Commissioner. She said she planned to attend the Planning Institute Conference next week along with C/Lee and C/Evereft. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. flDRAFT MARCH 1492006 PAGE 8 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, AC/Nolan adjourned the meeting at 7:40 p.m. Respectfully Submitted, Nancy Fong Interim Community Development Director Joe McManus, Chairman AGENDA REPORT CITY OFDIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA91765 - TEL. (909) 839-7030 - FAX (909) 8613117 MEETING DATE: REPORT DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER/APPLICANT: STAFF RECOMMENDATION: I March 28, 2006 March 13, 2006 Development Review 2006-08 409 El Encino Drive, (Tract 27532, Lot 4) Diamond Bar, CA 91765 Approval to remodel and add approximately 780 square feet plus a deck with patio below, lattice covered patio and one -car garage to an existing residence of 2, 730 square feet with a two -car garage. Mr. Albert Luong 409 El Encino Drive Diamond Bar, CA 91765 Approve Development Review No. 2006-08 Site Description: The project site is located on the corner of Bower Cascade Place and El Encino Drive. The lot is approximately 8,890 square feet, rectangular, shaped and has a descending slope on the Bower Cascade Place side. The project site is developed with a two-story residence of approximately 2,730 square feet with a two -car garage and deck above the garage that extends to the residence creating a breeze -way below. According to the tract map, there are no easements within the project site. General Plan and Zoning: 0 General Plan Designation: Low Density Residential (RL) Maximum 3 DU/AC. 0 Zoning: Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000). - 0 Smeroundi n_g__ Zones - and Uses:- R-11--8,000-,--single--family-residences--- ANALYSIS: A. Development Applications/Review Authority (Code Sections 22.44) The application request is to add approximately 780 habitable square feet plus deck with patio below, lattice covered patio and one -car garage to an existing residence of 2,730 square. The addition is less than 50 percent of the habitable area and could be approved by staff with a Plot Plan review. However, the proposed project requires Development Review because of the extensive interior remodel and architectural change. B. Development Review (Code Sections 22.48) 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. 1. Development Standards The comparison matrix below shows that the proposed project has met the development standards for the R-1-8,000 zoning district. DR 2006-08 Pa8e 2 Development Feature R-1-8,000 Zoning District Requirements Proposed Meet Requirement Minimum Lot Area 8,000 square feet. 8,890 square feet Yes Residential Density I Single -Family Unit I Single -Family Unit Yes yard., setback 20 feet 29.33 feet . Yes* —Front 5.9 & 13 feet; (13 feet is Side yard setbacks 5 & 10 feet measured from the side property line to the new Yes front,porch.) Rear setback 25 feet 24.9 feet Yes Building height 35 feet from natural or finished grade Existing - 26 feet from grade Yes Separation between adjacent residences 15 feet 38 feet Yes Lot coverage 40% (maximum) 30% Yes Landscaping Per Chapter 22.24; 50 % of front yard shall be Approximately 52% of front yard will be Yes landscaped landscaped Three -car garage(with Parking Two -car garage (minimum) addition of a one -car garage) Yes * Pursuant to Development Code Section 22.80.020 (Front lot line), the front lot line on a corner lot is the line with the shortest frontage. For this project, the front lot line is on the Bower Cascade Place side. 2. Architecture 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. The existing architectural style is English Colonial. The proposed architectural style is Country French. Architectural features include bay windows, arched front entry flanked with two columns and wainscoting of ledge stone in variegated earth tones with molding. Proposed colors are earth tones (i.e. sandstone for stucco, terra cotta roof tile, and white for trim). The proposed architectural elements, colors and materials will add DR 2006-08 Pa6e 3 interest to the streetscape and decrease the massiveness and monotony of blank stucco walls. The proposed design is consistent with other homes in the neighborhood and improves the visual character through the use of quality design. 3. Floor Plan Layout The existing two-story residence has five bedrooms, three bathrooms, family room, kitchen with breakfast area, living room, dinning room, two -car garage and deck. The proposed remodel and addition will reconfigure the floor plan to include five bedrooms, four bathrooms, entertainment room, entry, kitchen, dining room, family room, additional one -car garage, deck with patio below and lattice covered patio. 4. Grading/Drainage The project - site contains a- -buildable pad. Therefore;- grading is not required. Drainage patterns and techniques shall be reviewed and approved by the Public Works. Department prior to any permit issuance. Drainage shall not be conveyed to adjacent parcels. 5. Driveway (Code Sections 12.04 and 22.30) The applicant is requesting to widen the existing driveway to accommodate the proposed one -car garage. The allowed driveway width for a garage setback less than 24 feet is 20 feet. The existing garage is setback 20 feet and the driveway is already 20 feet wide. Therefore, it is required that the driveway remains 20 feet wide and curve to a wider width meeting the opening of the proposed one -car garage. 6. Landscaping A landscape plan was not submitted with this project's application. The applicant is required to submit a final landscape/irrigation plan prior to the issuance of any City permits. The final landscape plan is for yards, adjacent to the streets, which will be affected by construction. The landscape plan shall include plant species, location, size and quantity and hardscape. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. C. Additional Review The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. DR 2006-08 Pme 4 1112 kyj I • 1 1 40 1 1 Pursuant to the provisions of the California. Environmental Quality Act (CEQA), Section 15301(e) (addition to an existing one single-family residence), the City has determined that this project is Categorically Exempt. Notice for this project was published in the Inland Valley Bulletin and the San -Gabriel Valley Tribune on March 17, 2006. Public hearing notices were mailed to approximately 94 property owners within a 500 -foot radius of the project site and the public notice was posted in three public places on March 15, 2006. Furthermore, the project site was posted with a display board on March 16, 2006. Staff recommends that the Planning Commission approve Development Review No. 2006-08, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: Ohn J. Lu gu', sociat lanner Attachments: 1. Draft Resolution; and materials board dated 2. Exhibit "A" - site plan, floor plan, elevations and colors a March 28, 2006; Residence; and 3. Covenant and Agreement to Maintain a Single -Family R 4. Aerial. DR 200608 Pa8e 5 01 A 40; PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2006-08, AND CATEGORICAL EXEMPTION, A REQUEST TO REMODEL AND CONSTRUCT AN ADDITION OF APPROXIMATELY 780 SQUARE FEET PLUS A DECK WITH PATIO BELOW, LATTICE PATIO COVER AND ONE -CAR GARAGE TO AN EXISTING SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 2,730 SQUARE FEET WITH ATWO-CAR GARAGE. THE PROJECT SITE IS LOCATED AT 409 EL ENCINO DRIVE (LOT 4, TRACT NO. 27532), DIAMOND BAR, CALIFORNIA. RECITALS. The property owner/applicant, Mr. Albert Luong has filed an application for Development Review No. 2006-08 and categorical exemption for a property located at 409 EI Encino 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 March 17, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On March 15, 2006, public hearing notices were mailed to approximately 94 property owners within a 500 -foot radius of the project site. On March 16, 2006, the project site was posted with a display board and the public notice was posted in three public places. 3. On March 28, 2008, 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. 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 15301 (e) 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. 1 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 site is located at 409 El Encino Drive (Lot 4, Tract No. 27532), at the corner of Bower Cascade Place and El Encino Drive. It is a rectangular shaped lot that. widens at the rear property_line and has a descending slope on the Bower Cascade Place side. The project site is developed with a two-story residence of approximately 2,730 square feet with a two -car garage and deck above the garage that extends to the residence creating a breeze -way below. According to the tract map, there are no easements within the project site. (b) The project site has a General Plan land use designation of Low Density Residential (RL) Maximum 3 DU/AC. (c) The project site is within the Single -Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000) Zone. (d) Generally, the R-1-8,000 single-family residences zone surrounding the project site. (e) The Application request is to approve a remodel and addition of approximately 780 square feet plus a deck with patio below, lattice covered patio and one -car garage to an existing residence of 2, 730 square feet with a two -car garage. Development Review (f) 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). On July 25, 1995, the City adopted its General Plan. Tract No. 27532, Lot 4 (project site) was established and homes were built prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is RL Maximum 3 DU/AC. This K designation allow for lot varying in size from 8,500 to 20,000 square feet. The project site is 8,890 square feet and is in compliance with the General Plan. The project site is within the R-1-8,000 zoning district. Pursuant to the Development Code, the development standards of the RL zoning district apply to the project site. The proposed project meets all the development standards of this zoning district as illustrated in the comparison matrix within the staff report. The existing architectural style is English Colonial. The proposed architectural style is Country French. Architectural features include bay windows, arched front entry flanked with two columns and wainscoting of ledge stone in variegated earth tones with molding. Proposed colors are earth tones (i.e. sandstone for stucco, terra cotta roof tile, and white for trim). The proposed architectural elements, colors and materials will add interest to the streetscape and decrease the massiveness and monotony of blank stucco walls. The proposed design is consistent with other homes in the neighborhood and improves the visual character through the use of quality design. As such, the proposed project is consistent with the City's Design Guidelines. (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. With the approval and construction of the proposed project, the current use of the project site will be maintained. As referenced above in finding (0, the proposed project can be accommodated at the project site. Additionally, the architectural style, color and materials proposed will be compatible with other homes in the neighborhood. The proposed remodel and addition does not change the use of the property. It will continue to be maintained as a single-family residence. As such, the proposed project is not expected to interfere with , the use and enjoyment of neighboring existing or future development. The proposed project is not expected to intensify the existing use to an extent that will create traffic or pedestrian hazards (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. As referenced in Finding (0 above, the proposed project is consistent with the development standards of the RL zoning district and the City's Design Guidelines. There is not a specific plan for the project area. (i) 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 (0, (g), and (h), the proposed project will provide a desirable environment forits 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 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 Building and Safety Division, Public Works Department, 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 provision's of the California Environmental Quality Act (CEQA), Section 1,5301(e), 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: A. Planning Division Prior to issuance of any permits, the applicant shall submit a final landscape/irrigation plan. The final landscape plan shall be for yards, adjacent to the streets (Bower Cascade Place and El Encino Drive), which will be affected by construction. The landscape plan shall include plant species, location, size and quantity and hardscape. Any dense plant material proposed in the setbacks adjacent to the said streets shall not exceed a 42 inches maximum 4 height. All landscaping and irrigation shall be installed prior the final inspection and Certificate of Occupancy issuance. 2. Prior to issuance of any permits, the applicant shall submit the new driveway design for the Planning Division review and approval. Said driveway shall remain 20 feet wide at the street property line and curve to a wider width to meet the opening of the proposed one -car garage B. Public Works Department 1. Prior to final inspection, the driveway approach shall be upgraded to current ADA compliance. Maximum width of the driveway shall not exceed 20 feet exclusive of side slopes and returns, measured along the line of the curb (Municipal Code Sec. 12.04.1240). An encroachment permit shall be obtained from the Public Works Department prior to commencing work. Alteration and/or removal of the curb core to the north of the driveway shall be approved by the Public Works Department. 2. Prior to final inspection, the tripping hazard of the decorative pavers within the parkway at the frontage of the house shall be mitigated (i.e., removed, replaced). An encroachment permit shall be obtained from the Public Works Department prior to commencing work within said parkway. 3. Prior to final inspection, a curb ramp at the corner shall be installed per current ADA standards at the corner of the property. An encroachment permit shall be obtained from the Public Works Department prior to commencing work. C Building and Safety Division 1. Door between garage and the house shall be 13/8" solid core door self closing. Walls and ceiling between living space and garage shall be 5/8 type X. 2. Applicant shall install hard wired smoke detectors with battery back-up in all bedrooms and hallways leading into sleeping areas 3. All bedrooms shall comply with all rescue window requirements. 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. Albert Luong, 409 El Encino Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 28Th OF MARCH 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. L BY: Joe McManus, Chairman I, Nancy Fong, Acting Planning Commission Secretary, do hereby certify that the foregoing Res -61656n -was dulyintroduced, passed, -and -adopted bythe. PIan ning Commission of the City of -- Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of March 2006, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: Nancy Fong, Acting Secretary DEPARTMENT PROJECT #: Development Review No. 2006-08 SUBJECT: , Remodel/Addition to Existing Single -Family Residence --a LOCATION: 409 El Encino Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-08 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City- defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2006-08, 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 applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2006 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. --------- - ... 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of Ci ' ty Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits 1. The approval of Development Review No. 2006-08 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit ,"A" dated March 28, 2006 including: site plan, floor plan, architectural elevations, exterior materials and colors and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. E. Landscape Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. F. Solid Waste The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 1 An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented- during construction -between. -October Vt and April, 1. 5th. .-The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. C. Drainage Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and 2001 National Electrical Code) requirements and all other applicable we] construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. 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 any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a, California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 6. Guardrails shall be designed for 20 load applied laterally at the top of the rail. 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. 9. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.). 10. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 11 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 DEVELOPMENT REVIEW NO. 2006-08 The undersigned hereby certify that Albert Luong and Yensia T. Luongis/are the owner(s) of the hereinafter described real property located at 409 El Encino Drive in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 4 of Tract No. 27532 Assessor's Book and Parcel Number APN 8703-010-005 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. B At STATE OF CALIFORNIA COUNTY OF LOS ANGELES . On this day of 1 2006 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) whos e.—n a me (s)-- is/a re --subscribed ---to—the-. -with in...__] n stru ment- 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 sea[. Notary Public in and for said State I Scale 1:1763 F� LL _2 LL �LL a � N Ill �wYSz� oWON9� �a`ci%Lo�3 M 0 LL � pW pp y t^� 11 U IND Kr -I goa�� �cdW�S I- a Z p O U 9 VO ;5 `1 §i E i 1 � �' ffi 6M�lYJ'Y07BpRM �®wrpa�o�7aau�Ippa�u��ln cyp>�ryy► _ � ' I I Ir ®® [2- d 5 F� LL _2 LL �LL a � N Ill �wYSz� oWON9� �a`ci%Lo�3 M 0 LL � pW pp y t^� 11 U IND Kr -I goa�� �cdW�S I- a Z p O U 9 VO ;5 `1 §i E II 1 ffi � ' I I Ir [2- d 5 � i r I t I I �! I •I 4 I i i � a a t.a-.1 R.t. • . G C -' 9��„°,,,gU',�°m - - -- -•-- — 3, "Its I���oal��ry I �sanqd olu31B11lBBBdlU�JI13S21 ol3�cm6 _..__ ....__ �lSlls t0�4h o:al,��� m I\ I "\1� 1 Y" WI I � I I ---- ------------- Tl - t 7--, "�uvi m Und6B6L611Lnum M SUMVO'6C66Y6Wi66 '3AI66616N31�666 p �L a nv1tl" _ i I a uj MEN M � / / / / / / / / | 0 110 Via" mmwv.,,` I NBUBDU -ly�G7 3NNNONIlNIH6N6 �'�'Nd,:, "�.. F � we w,,mn„.uw,an+umnxxsi ,www i to 30HIGISIH IVIOW, to b P10 9 I~ d 17r),nv. 'ittl�J��fr� ��7��'�tl 3 E --- -- •- -- snuernreveaxnwria 'sno®sugn�aem b P10 9 I~ d AGENDA REPORT 21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 — TEL. (909) 839-7030 — FAX (909) 861-3117 — www.CityofDiamondBar.com MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNERS: APPLICANT: 7.2 March 28, 2006 March 13, 2006 Development Review 2006-07, and Minor Conditional Use Permit 2006-03 2605 Rising Star Drive (APN 8285-010- 009, Lot 9, Tract 25990) A Development Review to construct an approximate 829 square foot first and second floor addition to an existing 1,280 livable square foot one-story single-family dwelling on an existing 9,060 square foot lot zoned Low Medium Residential (R-1-8,000). Steven & Luzmaria Babbitt, 2605 Rising Star Drive, Diamond Bar, CA 91765 Landmarks Design (Charles Krausman), 515 W. Commonwealth Avenue, Suite 211, Fullerton, CA 92832 STAFF RECOMENDATION: Approve The applicant, Landmarks Design, and property owner, Mr. and Mrs. Steve Babbitt, have submitted an application for Development Review No. 2006-07 requesting approval to construct an approximate 829 square foot first and second floor addition to an existing 1,980 square foot one-story single-family dwelling. In addition, the applicant requests approval of a Minor Conditional Use Permit to allow the continuation of the Legal Nonconforming side setbacks. The pie -shaped parcel is located at the terminus of a cul-de-sac and has approximately 9,060 square feet (0.21 acres) of net lot. . ANALYSIS: A. Review Authority (Diamond Bar Municipal Code, DBIVIC Sections 22.48, 22.56 and 22.68) An- addition -to -an -existing- existing-. single-family structure that is greater than -50 -percent -of the existing habitable floor area requires Development Review by the Planning Commission. In addition, the Planning Commission as the highest authority also reviews and approves the concurrent Minor Conditional Use Permit No. 2006-03. The Planning Commission's 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 proposed project's 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 Low Medium Density Residential (RML), maximum 5 Designation Dwelling Unit/Acre .Zoning R-1-8,000 — Single Family Residence -Minimum Lot Size 8,000 Square Feet Surrounding Zones R-1-8,000, and single family uses surround the site and Uses I C. Development Standards The following comparison shows that the proposed project meets the City's Development Standards: Development RML - Building Proposed Meets Feature-- Standards Requirements Minimum Lot Area 8,000 S.F. S. S. F. (Existing) Yes 1 Single Family Unit; 1 Single Family Yes Residential Density 5 per gross acre Unit K Front yard 20 feet 40 feet Yes setback Side yard setbacks 10 feet & 5 feet 5 feet & 7 feet Legal Nonconforming* Side yard minimum between structures 15 feet 15 feet Yes on adjoining parcels . Rear setback 20 feet 21 feet Yes Building Height 35 feet maximum 221-811 Yes Limit Hillside As required by Chapter NIA Yes Development 22.22 (Hillside Mgt.) Landscaping As required by Chapter Maintain Existing Yes 22.24 (Landscaping) Landscaping 2 in fully enclosed 2 -car garage Yes Parking garage (20'X20'). Maximum 14 feet to Maintain Existing Driveway garage; landscape Driveway Yes 50% Lot Coverage 40% Appx. 20.6% Yes * Minor Conditional Use Permit No. 2006-03 requests continuation of legai nonconforming side yard setback distances. D. The Proposed Addition to the Existing Single Family Residence 1. Architectural Features and Colors: The proposed improvements will encompass the entire structure (existing and new). The architectural style can be described as "Ranch" style with lightweight grey concrete roof tiles, horizontal light blue wood sidings and stucco to match existing. The project architectural design and color palette are compatible with the eclectic architectural styles within the neighborhood and consistent with the City's General Plan, Municipal Code, and Design Guidelines. 2. Floor Plans: As previously noted, the existing one-story dwelling contains 1,280 square feet of habitable space, and the applicant proposes to construct an 829 square foot addition. The proposed first floor addition will contain a bedroom expansion, closet, and stair case. The existing residence's first floor includes a kitchen, family room, living room, 2 - bathroom, 3 -bedroom and an existing 2 -car garage. The proposed second floor addition will contain a master bedroom/bathroom/ sifting area, and stair case, which will connect the first and second floor. 3. Landscaping: Replacement and/or restoration of landscape is required prior to the Planning Division's final inspection. 3 A 12 2 Minor Conditional Use Permit Request (Diamond Bar Municipal Code 22.68) The applicant is requesting approval of a Minor Conditional Use Permit to allow the continuation of the legal nonconforming side setbacks. The city establishes the Minor Conditional Use Permit process (Section 22.68) to allow such addition so the legal conformities may be continued if it is necessary to secure safety or aesthetic advantages through improved architecture. The applicant's proposed additions and the improvement to the architecture increase the aesthetic quality of the neighborhood. Covenant and Agreement An approval condition requires the owners to complete and Agreement, to Maintain a Single Family Residenci City form. The covenant must be recorded with the Recorder's -Q ..prior to building p rrig issuance. Additional Review and record a "Covenant with one kitchen" on a Los Angeles County's 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. General Plan/Design Guidelines/Compatibility with Neighborhood 1. Strategy 1.2.4, Maintain residential areas which provide ownership for single family housing and require that new development be compatible with the surrounding neighborhood's prevailing character; and 2. Strategy 2.2.1, new developments shall be compatible with surrounding land uses. Based on the above analysis, staff finds the application is consistent with the General Plan, Municipal Code Standards, Design Guidelines and compatible with the neighborhood. On March 17, 2006, the project's public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a public hearing notice display board was posted at the site. On March 28, 2006, 96 property owners within a 700 -foot radius of the project site were notified by mail and three other locations were posted within the application's vicinity. 0 ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt per the 1970 California Environmental Quality Act (CEQA), Section 15303(a) - (New Construction or Conversion of Small Structure). Staff recommends that the Planning Commission approve No.2006-07/Minor Conditional Use Permit No. 2006-03, conditions of approval as listed within the attached resolution. Prepared by: David Alvarez, Planning Intern Attachments: Development Review Findings of Fact, and 1. Draft Resolution of Approval 2. Covenant and Agreement 3. Aerial 4. Exhibit "A"- cover, site plan, floor plans, elevations, roof plan, and sections dated March 7, 2006 14i PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING DEVELOPMENT REVIEW NO. 2006-07 AND MINOR CONDITIONAL USE PERMIT NO. 2006-03, A REQUEST TO CONSTRUCT AN APPROXIMATE 829 SQUARE FOOT FIRST AND SECOND STORY SINGLE-FAMILY RESIDENCE TOTALING TO APPROXIMATELY 2,109 SQUARE FEET. THE PROJECT SITE IS LOCATED AT 260.5 RISING STAR DRIVE (LOT 9, TRACT 25990), DIAMOND BAR, CALIFORNIA. A. , RECITALS The property owner, Steven Babbitt, and applicant, Charles Krausman, have filed an application for Development Review No. 2006-07 and Minor Conditional Use Permit No. 2006-03, for a property located at 2605 Rising Star Drive, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Application." 2. On March 16, 2006, 96 property owners within a 500 -foot radius of the project site were notified by mail and the public notice was posted in three public places.. On March 17, 2006, notification of the public hearing for this project was made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Furthermore, the project site was posted with a display board on March 20, 2006. 3. On March 28, 2006, 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: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt pursuant to Section 15301 (e) per California Environmental Quality Act (CEQA). 3. The Planning Commission hereby specifically finds and determines that, having considered ,the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before the Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends., Based upon substantial evidence, the Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, the Planning Commission hereby finds as follows: (a) The project site is located at 2605 Rising Star Drive (Lot 9 'of Tract 25990), Diamond Bar, California. The _pie -shaped parcel is located at the terminus of a cul-de-sac and has approximately 9,060 square feet (0.21 acres) of net lot with an existing one-story single family of approximately 1,280 square feet with a two car garage. (b) The General Plan land use designation for project site of Low Medium Residential (RLM) 5 DU/AC and the zoning designation is Single Family Residence -Minimum Lot Size 8,000 square feet (R-1-8,000). (c) The R-1-8,000 zone and single-family uses surround the site. (d) The application is a request for approval to remodel and construct approximate 829 square feet additions which include a master bedroom/bathroom, sifting area, and expansion of existing bedroom. The approval request also includes the following: A Minor Conditional Use Permit to maintain the legal nonconforming side setbacks. DEVELOPMENT REVIEW (e) The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments. The project site, developed with a one-story single-family residence, was established before the July 25, 1995 General Plan adoption and current Municipal Code. The application complies with the City's General Plan's elements, objectives, and strategies related to maintaining the integrity of residential neighborhoods and open space, and the Low Medium Residential (minimum lot of 8,000 SF) 2 Planning Commission Resolution No. 2006 -XX land use designation. The proposed use is zoned for single-family residence at R-1-8,000. There is no specific or additional community planned development for the site. 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. Rising Star Drive and access road in the vicinity, Fountain Springs, adequately serve the project site. These and neighboring streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The architectural style of the proposed addition is Ranch and is consistent with the existing residential structure on the project site. The compatibility of the proposed project with the existing residence is consistent with the City's Development Review Standards, City Design Guidelines and City's General Plan. As a result, the proposed project 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 a specific plan for this area. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. As referenced in the above Findings, colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety and low levels of maintenance. Therefore, the proposed project will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on 3 Planning Commission Resolution No. 2006 -XX property values or resale(s) of property) to the properties or 1 improvements in the vicinity. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolutions 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. The proposed project has been reviewed in compliarilce with the provisions of the California Environmental Quality Act (CEQA). The City has determined that the Application is categorically except --.—____ --,.......---per-.th.e..--1-9-70-California-Enviro.nmentat.-Q.uality.-Act (CF -QA) Section 15301 (e). (k) The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies will all other applicable provisions of the Development Code and Municipal Code; Pursuant to Development Code Sections 22.56.020 and 22.68.020 related to legal nonconforming structures applies to this proposed project due to the existing side yard setback of 7 feet. For this particular project, the required side yard setbacks are 5 feet and 10 feet. The existing residence's side yard setbacks are 5 feet and 7 feet. Since the setbacks exist, it will not be changed by the proposed addition. As a result, a Minor Conditional Use Permit approval is required. (1) The proposed use is consistent with the General Plan and any applicable specific plan. As stated in Finding (e) above, the proposed use is consistent with the General Plan and there is not applicable specific plan. (m) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. As stated in Findings (0, (g) and (h), the design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. 4 Planning Commission Resolution No. 2006 -XX (n) The subject site is physically suitable forthe type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Findings (0, (g, (h) and (k), the project site is physically, suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land -uses, and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. As referenced in finding (k) above, granting the Minot Conditional Use Permit is required to maintain the existing legal nonconforming side yard setbacks. Therefore, granting a Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning districts in which the property is located, (p) 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 QualityAct of 1970 (CEQA) section 15301 (e), the City has determined that the project identified above in this. Resolution is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions and attached Standard Conditions: (a) The project shall substantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated March 28, 2005, as submitted and approved by the Planning Commission, and as amended herein. (b) The subject site shall be maintained in a condition that is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all 5 Planning Commission Resolution No. 2006 -XX trash, debris, and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contra I ctor, 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) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements. along the project site's perimeter. The fence shall remain at the buildable pad's edge to ensure no construction equipment or debris of any kind is placed within the vegetated area until released by the Planning Division and the balance shall remain until, the-, B,.0 ilding -.01ficial,. approves _lt5. removal. Sanitation facilities shall be, provided during construction. BUILDING AND SAFETY (a) All bedrooms shall comply with all rescue window requirements. (b) Provide arc fault protection for all bedroom outlets. Also provide ground fault protection for all bathrooms. (c) Show compliance with heating requirements for new addition. (d) Provide 30" clear width for water closet with 24" clear in front. (e) Indicate stair width and headroom clearance. (f) Specify if existing wall removed are bearing or non-bearing. If bearing provide beams, columns, and foundation design and details. 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. Steven Babbitt, 2605 Rising Star Drive, Diamond Bar, CA 91765; and Charles Krausman, Landmarks Design, 515 W. Commonwealth Avenue, Suite 211, Fullerton, CA 92832 M. Planning Commission Resolution No. 2006 -XX APPROVED AND ADOPTED THIS 28TH DAY OF MARCH, 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. W4 Joe McManus, Chairman 1, Nancy Fong, 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 March, 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 7 Planning Commission Resolution No. 2006 -XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERICAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2006-07 SUBJECT: Remodel/Addition to Existing Single -Family Residence APPLICANT: Steven Babbitt LOCATION: 2605 Rising Star Drive APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. in accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2006-07 brought within the time period provided by Government Code Section 66499.37. In the event the City and/or its officers, agents and employees are made a party of, any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of -defense, including reasonable attorneys fees, incurred in defense of such claims. 8 Planning Commission Resolution No. 2006 -XX (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2006-07 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 applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. The single family residence shall not be used in a mannerthat creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on public services and ILI Planning Commission Resolution No. 2006 -XX resources. The single family residence shall. not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 11. The applicant shall comply with the requirements of City Planning, Building and Safety Division, Public Works Department, and the Fire Department. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Division, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. 2006-07 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and •Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 10 Planning Commission Resolution No. 2006 -XX ■ (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1 An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction between October I st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Effigi-heer. 3. The applicant shall submit a Drainage Plan illustrating the drainage pattern and an erosion control plan; surface water shall drain away from the building at a 2% minimum slope. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Arch itect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. IF Planning Commission Resolution No. 2006 -XX 5. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall.. b. 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 any dimension except where such openings are equipped with sash or door. 6. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 7. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 8. Specify location of tempered glass as required by code. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. 12 Planning Commission Resolution No. 2006 -XX RECORDING REQUEST BY: City of Diamond Bar WHEN RECORDED MAIL TO: City of Diamond Bar 21825 Copley Drive, Diamond Bar, CA 91765 EXHIBIT MARCH 28, 2006 DR 2o06-07 Space Above Line For Recorder's Use Only COVENANT AND AGREEMENT TO MAINTAIN A SINGLE FAMILY RESIDENCE Development Review No. 2006-07 The undersigned hereby certify that Mr. & Mrs. Steven Babbitt is/are the owner(s) of the hereinafter described real property located at 2605 Rising Star Drive, in the City of Diamond Bar, County of Los Angeles, State of California, commonly known as: Legally described as Lot 09 Tract Map No. 25990. Assessor's Book and Parcel Number 8285-010-009 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 for single family residential purposes only, and that no portion of the structure(s) or property shall be rented, leased or sold separate and apart from any remaining portions of the property or structure(s). 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. M M- 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 the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledgement 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 Scale 1:2173 '80 HVIS ON1818 9092 73 HYD a H 0 m y I a H a avis 0 H I G I H 0 0 R a 1118848 viuyvam PUB N3A31S INNY =H '0 a H i a o a No i i i a a v 03 S0 d 0 H d 0 0 w NIN m xro W Cd 0 z 1, 0 a-' LN IN co 6 w m I ggo a W =25 C, u I I (W-, 641 111 L, co a Im m co 0� p wo 16 j �6 1.- 6 b u 16) lu m, LUJ flim'"M W w U, 0 511 C, 0 0 0 0 , HUB w m ir Ir m m cr bb 0 1) 1 H , I a. 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(909) 839-7030 — FAX (909) 861-3117 — www.CityofDiamondBar.com AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: roxilem 11 "A WKS] LVA 01111 APPLICANT: STAFF RECOMENDATION: 7.3 March 28, 2006 March 14, 2006 Tentative Parcel Map No. 061702 West side of Grand Avenue and south side of Diamond Bar Boulevard Approval of Tentative Parcel Map No. 061702 to subdivide a 13.69 -acre site into three parcels. Target Corporation 1000 Nicollet Mall Minneapolis, MN 55403 Pfeiler & Associates Engineers, Inc. 660 N. Diamond Bar Blvd. Diamond Bar, CA 91765 Recommend approval of the Tentative Parcel Map to the City Council. In June 2004, the City Council approved a General Plan Amendment, Zone Change, Development Agreement, and Specific Plan with the purpose of guiding and facilitating a 70 -acre mixed-use development located at the southwest corner of Grand Avenue and Golden, Springs Drive. The Diamond Bar Village Specific Plan includes a maximum of 170,000 square feet of commercial development, a maximum of 200 residential units, and a master plan of 50,000 square feet of institutional use for the Calvary Chapel and 25.5 acres of open space. On April 26, 2006, the Planning Commission approved Conditional Use Permit No. 2005-03 and Development Review No. 2005-16 for the development of the 13.69 - acre Target site, a sub area of the Specific Plan designated for commercial uses. Approval of the project was conditioned on the submittal of a parcel map and separate development review applications for the smaller restaurant pads. The applicant was allowed to submit the Tentative Parcel Map application after approval of the Conditional Use Permit and Development Review to allow work on the Target project to begin earlier. The Tentative Parcel Map involves a request to subdivide Lot 1 of Parcel Map 14819, which encompasses the northern portion of Sub -Planning Area 1. The purpose of the request to subdivide the property is to allow Target to sell proposed Lot nos. 2 and 3 to facilitate future restaurant development on those parcels. ANALYSIS: A. Site and Proiect Description: The Tentative Parcel Map proposes to subdivide Parcel 1 of Parcel Map 14819 into three smaller parcels. Parcel 1 will be an 11.98 -acre site for the 130,660 -square -foot Target store currently under construction. Parcel 3, a 1.02 -acre site, will be located on southwest corner of the larger site and is designated for a 5,000 -square -foot retail pad. Parcel 2, a 1.02 - acre site located on the northeast corner of the larger site, will be for the 6000 - square -foot retail/restaurant pad. Both Parcel 2 and Parcel 3 will have frontage on Golden Springs Drive and will be accessed from the common on-site driveway that circles the original Lot 1 on the southwest and southeast sides providing ingress and egress points on Grand Avenue and Golden Springs Drive. A second driveway will be located on Grand Avenue adjacent to the easterly property line of Parcel 2. B. Site Uses: In the Diamond Bar Village Specific Plan, the entire project site is designated as "Commercial-Retail/Institutional' which permits the same variety of OA permitted and conditionally permitted retail and service uses as those permitted in the C-3 zone. The Specific Plan, development standards permit up to 170,000 square feet of commercial -retail and. 50,000 square feet of institutional development in Sub -Planning Area 1. The proposed subdivision is consistent with the Specific Plan uses and permitted building square footage. C. Parking and Access: On April 26, 2005, the Planning Commission approved Development Review No. 2005-16 and Conditional Use Permit No. 2005-03 for the Target project, which included development of the project site with the Target store and the two retail/restaurant pads. The project was found to be consistent with the parking requirements in the Development Code for retail and restaurant uses. Target is currently constructing all of the parking lot improvements for the original 13.69 -acre site. As part of the Tentative Parcel Map approval, the applicant will be required to form a property owner association for maintenance of the parking lot landscaping and other common improvements. Approval is also conditioned on provision of reciprocal parking and access agreements for the three newly created lots. D. Environmental Review: On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports for the related General Plan, Zone Change, Development Agreement, and Diamond Bar Village Specific Plan for the site. The Specific Plan document includes a conceptual site plan that shows the subject site with a major tenant at the western portion and secondary tenants on small pads on the northwest and southwest corners of the original Parcel 1. The proposed Tentative Parcel Map is consistent with the conceptual site plan layout. Per the Development Agreement, the project must comply with the Mitigation Monitoring Program approved under the Final EIR and the developer must pay their fair share of impact fees and address the traffic mitigation. No new environmental issues have been identified and none of the elements set forth in Public Resources Code Section. 21166 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exist. Therefore, no further environmental review is required. 75911��- kl On March 17, 2006, notice of public hearing for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune. In addition public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. Further, the project site was posted with a display board and the public hearing was posted in three public places. 3 1111111 1 - a Staff recommends that the Planning Commission conduct a public hearing to review the project and upon conclusion of the public hearing, forward a recommendation of approval to the City Council through the adoption of the attached resolution. Prepared by: Sandra Campbell Senior Contract Planner Attachments: Reviewed by: Nancy Fong, AICP Interim Community Development Director 1 Draft Amended Resolution Recommending Approving Tentative Parcel Map No. 061702 to City Council 2. Exhibit "A" — Tentative Parcel Map No. 067102 3. Exhibit "B" — Approved SitePlan E! 2DRAFT PLANNING COMMISSION RESOLUTION NO. 2006-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO CITY COUNCIL APPROVAL OF TENTATIVE PARCEL MAP NO. 061702 FOR A THREE -LOT SUBDIVISION LOCATED WEST OF GRAND AVENUE AND SOUTH OF GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA. (APN NOS. 8293-045-006,8293-045-007,8293-045-, 008 & 8293-045-009) A. RECITALS 1. Target Corporation (the Applicant) has filed an application for the approval of Tentative Parcel. Map No. 061702 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Parcel Map request shall be referred to as the "Application." 2. On March 17, 2006, public hearing notices were mailed to approximately 567 ,Property owners within a 700 -foot radius of the project site. In addition, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valle Daily Bulletin newspapers. 3. On March 28, 2006, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and concluded said hearing on that date. 4. All legal prerequisite prior to the adoption of this Resolution have occurred. 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. Based upon the substantial evidence presented to the Planning Commission during the above referenced meeting on March 28, 2006, including written and oral staff reports, this Commission hereby specifically finds as follows: EDRAFT (a) The application applies to a property located at the southeast corner of Grand Avenue and Golden Springs Drive. (b) The General Plan land use designation of the site is Specific Plan. (c) The site is within the Diamond Bar Village Specific Plan. The Application for a Tentative Parcel Map is in -conformance with the development concept of the Specific Plan. (d) The site has provided sufficient parking spaces in excess of City's minimum requirement to accommodate the proposed uses. (e) The Application conforms to development concept of the Diamond Bar Village Specific Plan. (f) 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, Development Agreement and Diamond Bar Village Specific Plan. The Specific Plan document included a Conceptual Site Plan that Illustrates the development concept. The proposed project is a Design Review and it is determined that the project design is in conformance with the Specific Plan Conceptual Site Plan. Furthermore, it is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exists, therefore, no further environmental review is required. 3. The Planning Commission hereby specifically finds and determined 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 proposed project 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: 2 Planning Commission Resolution No. 2006 -XX aoRaFr Tentative Parcel Map Findings (a) The proposed subdivision including design and improvements is consistent with the General Plan and the Diamond Bar Village Specific Plan. The General Plan land use designation for the project site is Specific Plan. The adopted Specific Plan for the project area is the Diamond Bar Village Specific Plan which designates the site for commercial and retail uses and includes a conceptual site plan fordevelopmentof the site. The proposed subdivision is consistent with the distribution, type, and intensity of uses displayed on the conceptual site plan. The proposed subdivision is also consistent with the minimum lot sizes established by the Specific Plan. (b) The proje6t site is physically suitable for the type and proposed density of the development. The project site is approximately 13.69 acres. TPM 061702 proposes to subdivide the site into three parcels for the purpose of facilitating the development of Parcels 2 and 3. On April 26, 2005, the Planning Commission approved Conditional Use Permit 2005-03 and Development Review No. 2005-16 for an approximately 130,000 - square -foot retail store, parking lot and two retail/restaurant pads on for the site. Parcel I will be an approximately 11.98 -acre site and will encompass the retail store currently under construction. Parcels 2 and 3 will be 1.02 and .69 -acres respectively. The subdivision is consistent with the Specific Plan conceptual site plan in the distribution, intensity, and type of uses proposed for the site. (c) The design of the subdivision or the propose improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. On June 29, 2005, the City Council approved an addendum to the previously certified final environmental impacts reports (EIRs) for the related General Plan, Zone Change, Development Agreement, and Diamond Bar Specific Plan. The addendum and related Final EIRs analyzed whether the proposed map would cause substantial environmental damage or injure fish or wildlife or their habitat The Specific Plan included a conceptual site plan that shows the development of the site. The proposed subdivision is consistent with the conceptual site plan contained in the Diamond Bar Village Specific Plan. Consequently, the proposed subdivision is consistent with the project analyzed under the previously approved addendum and Final EIRs. No new environmental issues have been identified relating to 3 Planning Commission Resolution No. 2006 -XX fish and wildlife and their habitat that would require additional review for the proposed subdivision. (d . The design of the subdivision or type of improvements is not likely to cause serious public health or safety problems. The previously approved addendum and Final EiRs related to the project analyzed potential public health and safety impacts from the design of the subdivision and improve ' ments associated with the project. No new environmental issues have been identified relating to public health or safety problems. Therefore, the proposed subdivision is not likely to cause serious health or safety problems. (e) The design of the subdivision or types of improvements will not conflict with easements acquired by the public at large for access through or use of property within the proposed subdivision. This finding may not be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously required by the public. The proposed map is located on private property and, therefore, access easements within the project site are private property. Access to the site will be through entry driveways on Grand Avenue and Golden Springs Drive. The site does not have any easement acquired by the public for access or use within the project site. (f) The discharge sewerage from the proposed subdivision into the community source system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. The proposed map is required to be compliant with Regional Water Quality Control Board requirements, the Federal Clean Water Act, and the National Pollutant Discharge Elimination System (NPDES) program implementing construction —related Best Management Practices (BMPs) and Standard Urban Stormwater Mitigation Plan (SUSMP) criteria. With project design features related to the storm drain system, energy dissipaters, standard conditions of approval, mitigation measures, any potential significant water quality impacts would be reduced to levels less than significant (g) A preliminary soils report or geological hazards report does not indicate adverse soils or geological conditions and the subdivision has provided sufficient information to the satisfaction of the City Engineer or Council that the conditions can be corrected in the plan for the development. 4 Planning Commission Resolution No. 2006 -XX The previously approved addendum and Final EIRs related to the project analyzed potential adverse soils and geologic conditions impacts from the design of the subdivision and improvements associated with the project. The map is consistent with the project analyzed under the addendum and Final EIRs and no new environmental issues have been identified relating to public health or safety problems. Therefore, the proposed subdivision is not likely to cause significant impacts related to adverse soils or geologic conditions. (h) The proposed subdivision is consistent with all applicable provisions of this Title, the Development Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act. The proposed subdivision is consistent with the General Plan and Diamond Bar Village Specific Plan land use designation. It will be graded in compliance with the City's applicable hillside management standards. The physical size and design of the proposed subdivision will allow for compliance with all applicable standards in the Development Code. The proposed map is consistent with Title 21, the City's subdivision ordinance, and the Subdivision Map Act requirements as conditioned in this resolution. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves this Application subject to the following conditions and attached standard conditions: ONERRUM (1) All conditions of approval contained in Development Agreement No 2004-01 and under Ordinance No. 04 (2004) shall apply. (2) All conditions of approval contained in Planning Commission Resolution No. 2005-18 shall apply. (3) All conditions of approval of this resolution shall be completed to the satisfaction of the Community Development Director before issuance of a Certificate of Occupancy for development of the final lot of Parcel Map No. 061702. (4) Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Specific Plan in effect at the time of building permit issuance. 5 Planning Commission Resolution No. 2006 -XX ADRAFT (5) Future building pads (Lots 2 and 3) shall be subject to separate Development Review and/or Conditional Use Pe ' rmit processes for Planning.Commission approval. The two pads shall be seeded and surface irrigated for erosion control. (6) Before recordation of the Final Parcel Map, the applicant shall submit a plan that shows the placement of an outdoor art piece at the corner of Golden Springs Drive and Grand Avenue.. Artwork shall be installed before release of occupancy for Lot 2. (7) The architectural style of any future buildings on Lots 2 and 3 shall complement that of the Target store on Lot 1. (8) Landscaping for development on Lots 2 and 3 shall be consistent with the style of the existing landscaping on Lot 1 (9) The landscape treatment at the corner of Golden Springs Drive and Grand Avenue shall follow the Grand Avenue Gateway Master Plan design. (10) A Property Owner's Association (POA) shall be formed. (1) Precise grading plans for each lot shall be submitted to the Community and Development Services Department/Planning Division for approval prior to issuance of building permits. (This may be on an incremental or composite basis). C. ENGINEERING (1) A reciprocal access and parking agreement shall be submitted for review and approval by the Planning and Engineering Division. This agreement shall be incorporated into the CC&Rs and shall be recorded with the final parcel map. (2) A specific location for the relocation of the Edison power pole located on Grand Avenue shall be designated on the final map with building, landscaping, and parking restrictions placed on the specified location. (3) Consent for the Underground Easement for the relocation of the Edison power pole along long Grand Avenue shall be granted prior to final map approval. 6 Planning Commission Resolution No. 2006 -XX (4) The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. (5) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. (6) Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined. by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. (7) Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. (8) Prior -to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. (9) Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (10) Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. 7 Planning Commission Resolution No. 2006 -XX f M rblnn��� (1) Applicant shall obtain all other department approvals (Fire, Health, Waste Ma r nagement, etc.) (2) All unenclosed under -floor areas shall be constructed as exterior wall. E. FIRE (1) Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance I . with . Fire Department requirements. (2) All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. (3) Access shall comply with Section 902 of the Fire Code, which requires all weather access. All weather access may require paving. (4) Fire Department Access shall be extended to within 150 feet distance of any exterior portion of all structures. (5) Where driveways extend further than 300 feet and are of single access design, turnarounds suitable for fire protection equipment use shall be provided and shown on the final map. Turnarounds shall be designed, constructed and maintained to ensure their integrity for Fire Department use. Where .topography dictates, turnarounds shall be provided for driveways that extend over 150 feet in length. (6) Private driveways shall be indicated on the final map as "Private Driveway and Fire lane" with the widths clearly depicted and shall be maintained in accordance with the Fire Code. All required fire hydrants shall be installed, tested, and accepted before construction. (7) Vehicular access must be provided and maintained serviceable throughout construction to all required fire hydrants. All required fire hydrants shall be installed, tested, and accepted before construction. (8) Applicant shall provide Fire Department or City approved street signs and building access numbers before occupancy. (9) Provide water mains, fire hydrants, and fire flows as required 8 Planning Commission Resolution No. 200&)(X by the County of Los Angeles Fire Department for all land shown on map which shall be recorded. (10) Prior to recordation, the final map shall comply with all Fire Department requirements. (11) Prior to recordation, the final map shall comply with all Fire Department requirements. 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: Target Corporation, 1000 Nicolleft Mail, Suite TPN -12F, Minneapolis, MN 55403 Joe McManus, Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 26th day of April 2005, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary 9 Planning Commission Resolution No. 2006 -XX "Milli PROJECT #: TPM 2006-01 SUBJECT: Tentative Parcel Map No. 061702 APPLICANT: Miller & Associates Engineers, Inc. LOCATION: Southeast corner of Grand Avenue and Golden Springs Drive. ;pii�; I 111� 0 FATOW4A A 11111 Lei z A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Tentative Parcel Map No. 061702 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. . (b) Applicant shall promptly pay any final judgment rendered against the City descendents. 10 Planning Commission Resolution No. 2006 -XX The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. Signed copies of the City Council Resolution of Approval, Standard Conditions, and all environmental mitigations shall 'be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all applicable regulations and laws. 5. Approval of this request shall not waive. compliance with all sections of the Development Code, all other applicable . City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 6. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 7. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to City Planning, Building and Safety Division, Public Works/Engineering Department and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permit, whichever come first. 2. Prior to any public hearing or final map approval, all deposit accounts for the processing of this project shall have no deficits. 11 Planning Commission Resolution No. 2006 -XX C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of Tentative Parcel Map No. 061702, at the City of Diamond Bar Community Development Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. Pursuant to Subdivision Map Act Section 66463.5, Tentative Parcel Map No. 061702 is valid for three years. An extension of time may be requested in writing and shall only be considered if submitted to the city no less than 60 days prior to approval's expiration date. Final map approval will not be granted unless the map is in substantial compliance with Tentative Parcel Map No. 061702 including all conditions and the applicant has entered into a subdivision improvement agreement to the satisfaction of the City Attorney. lm�m 1. The project site shall be developed and maintained in substantial conformance with the approved plans approved by the Planning Commission. - 2. The Mitigation Monitoring Program outlined in the Addendum and Final Environmental Impact Reports SCH No. 91121027 and No. 96111047 and approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 3. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc. shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 4. House numbering plans shall be submitted to and approved by the City prior to issuance of building permits. 5. All building numbers and. individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall be submitted to and approved by the City Engineer prior to issuance of building permits. im Planning Commission Resolution No. 2006-)(X s 40 F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicants obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 4. If no centralized trash receptacles are provided, all trash pick-ups shall be for individual units with all receptacles shielded from public view. 5. Central trash enclosures shall be equipped with recycling receptacles. APPLICANT SHALL CONTACT THE PUBLIC WORKSIENGINEERING DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. Any existing easement for open space, utilities, riding and hiking trials shall be relocated and/or grading performed, as necessary, to provide, for the portion within the project site, practical access for the intended use. 3. Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued bythe 13 Planning Commission Resolution No. 2006 -XX 9 " --DRAFT district, utility and cable television company, within ninety (90) days prior to final map approval. 4. Prior to final map approval, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 5. Prior to final map approval, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City,. applicant shall enter into a'subdivision agreement with the City and shall post the appropriate security. 6. Prior to final map approval all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 7. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies shall be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative parcel map upon approval by the Advisory agency. 8. All identified geologic hazards within the tentative parcel map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. 9. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 10. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 11. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 12. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 14 Planning Commission Resolution No. 2006 -XX DDRAFT 13. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 14. All improvements for the subject tract shall be coordinated with any existing or proposed maps including Tract No. 62482. 15. Applicant shall contribute funds to a separate engineering trust deposit against which charges can be made by the City or its representatives for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 16. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 17. All activities/improvements proposed for this Parcel Map No. 61702shallbe wholly contained within the boundaries of the map. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. 1. Precise grading plans for each lot shall be submitted to the Community Development Department/Planning Division for approval prior to issuance of building permits. 2. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 3. Rough Grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundations of structures. Retaining wall permit may be issued without a rough grade certificate. 4. Final Grade certifications by project soils engineer and civil engineers shall be submitted to the Public Works/Engineering Department prior to the issuance of any project final inspections/certificate of occupancy. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed 15 Planning Commission Resolution No. 2006 -XX positions. All down drains shall be hidden in swales diagonally or curvilinear across a slope face. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Department for .,review and approval by the City Engineer. E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the detailed site plan for dedication to the City. 2. Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. 3. Prior to final map approval or issuance of building permit whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior issuance of grading permits. 4. Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 21.30 of Title 21 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. 5. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. 6. Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. 16 Planning Commission Resolution No. 2006 -XX Ire lei =�' " %�• el TI W111UNIXTOMMUMI: �gpkqqffT; a W 41 am 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. Applicant shall comply with Title 24 Accessibility requirements and show compliance for path of travel from public way to each pad. 4. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. 17 Planning Commission Resolution No. 2006 -XX w.0 A •� �.�o m� ae w � n..o w r iAV (BV�N(104Y N 9Alt iVr4 OKrli 19°400 ONHYBM1Y QNID A871�laNVl!!b6 i v i m� cm t °1f®'0°° 1°b �7t In ONOW G • SWIM ma.90 cWW MWd Mw.Yt M illill10 111,11 111 Z,°;�� gig ; i p��� folio a E ! ! NObRjjb � 9 �! E � r Eg e� O ill M � E3, , ®I e r r♦ r r r r r A AGENDA REPORT 21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 — TEL. (909) 939-7030 — FAX (909) 861-3117 — www.CityofDiamondBar.com AGENDA ITEM NUMBER: MEETING DATE: REPORT DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNERS: APPLICANT: STAFF RECOMENDATION: 7.4 March 28, 2006 March 14, 2006 Conditional Use Permit No. 2004-01(1) West side of Diamond Bar Boulevard, between Cold Springs Lane and Fountain Springs Road To modify conditions of City Council Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19, and Variance No. 2004-01 to allow: 1. Issuance of a building permit for the two-story retail/office building before the renovation of the existing buildings; and 2. The issuance of a building permit for the three-story medical office building before the occupation and operation of the market Country Hills, DB LLC 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 Michael McCarthy MCC Realty Management 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 Recommend for approval to the City Council BACKGROUND: At the November 8, 2005, public hearing, the Planning Commission recommended approval of Conditional Use Permit No. 2004-:01, Development Review No. 2004-19, and Variance No. 2004-02 to the City Council for renovation of an existing shopping center and construction of two new buildings on a site located at the intersection of Cold Springs Road and Diamond Bar Boulevard. At the December 6, 2005, public hearing, the City Council adopted Resolution No. 2005-60 approving the project. The Conditional Use Permit approved the renovation of a 45,031 -square -foot supermarket building, 21,400 -square -foot Rite Aide, and 65,154 square feet of in- line buildings for retail and restaurant uses with outdoor dining. The Conditional Use Permit also approved the conversion of an existing building to allow for a new drive- through caf6, demolition of an existing child care center and a retail building at the south side of the site to allow for the construction of a new 49,100 -square -foot three- story medical office building in the same location. Lastly, the Conditional Use Permit approved construction of a 12,408 -square -foot two-story building for office an restaurant uses on the vacant pad at the north side of the site. Variance No. 2004-02 allowed an increase of the height of the proposed towers of the main building from the maximum 35 feet up to 49 feet. Development Review was approved for the project layout, landscaping, design of the fagade renovation on the existing main building, the architectural design of the two-story office restaurant building, and the architectural design of the three-story medical/office building. For more information, see the attached Planning Commission and City Council staff reports. ANALYSIS: A. Proposed Amendment: The applicant is proposing to amend Condition No. 5.A (3) of City Council Resolution No. 2005-60. The condition was placed in the resolution to ensure that the anchor market space was occupied before start of construction of the new buildings. The applicant proposes to modify the condition to remove the timing constraints for construction of the two-story office/restaurant building and allow issuance of building permits for construction of the three-story building once the market tenant submits plans for interior remodel. He stated that removing the timing constraints would allow him to relocate existing tenants into the two-story building during renovation of the main in-line building and to speed up the development process to allow completion of the project in 2007. Staff believes that the request to allow construction of the two-story office building before completion of the fagade renovation is reasonable. This would allow for less disruption of the operation of businesses of the existing tenants during the construction process. However, staff recommends. that the renovation of the existing buildings from the market tenant through the retail 2 building to the building with the new drive-through caf6 should be substantially complete before issuance of the final Certificate of Occupancy for the market. Staff recommends that Condit -ion No.. 5.A (3) be revised as follows: Existing condition components Revised condition components The renovations of the existing The market building, the inline retail buildings from the market tenant and restaurant buildings, and the drive- through the retail building to the through caf6 building shall be submitted building with the new drive- for plan check prior to issuance of through cafe shall be completed permits for the new two-story and prior to issuance. of building three-story buildings. permit for the new two story building. The market building, the inline retail and restaurant buildings and the drive- through caf6 buildings shall be in substantial construction prior to release of occupancy of the new two-story building. Substantial construction shall mean tower elements are framed and ready for applying surface materials such as stucco and stone veneer. The market tenant shall occupy The market building shall be occupied the building and be in operation and in operation and all site prior to issuance of building improvements completed prior to permit for the new three story release of occupancy for the three-story building. building. Staff believes that the revised condition will allow the existing tenants to occupy the two-story building during construction and allow the construction of the three-story building to begin sooner. At the same time, the revised condition of approval will ensure that the proposed fagade and site improvements will be completed and market occupied before the occupancy of the three-story building. B. Environmental Review: The City Council approved a Mitigated Negative Declaration for this project on December 6, 2005. The proposed Modification to the conditions of approval will not create additional environmental impacts over those reviewed in the Mitigated Negative Declaration and will not change the project description from that in the approved Mitigated Negative Declaration. 3 On March 17, 2006, notice of public hearing for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune. In addition public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. Further, the project site was posted with a display board and the public hearing was posted in three public places. Staff recommends that the Planning Commission ission conduct a public hearing to review the project and upon conclusion of the public hearing, forward a recommendation of approval to the City Council through the adoption of the attached resolution. I Prepared by: Sandra Campbell Senior Contract Planner Attachments: Reviewed by: — - --'- - ----- - ------ Nancy Fong, AICP Interim Community Development Director 1. Draft Amended Resolution Recommending Approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19, and Variance No. 2004-01 to City Council. 2. Planning Commission Agenda Report dated November 8, 2005. 3. City Council Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19,. and Variance No. 2004-01. 4. Exhibit "A" – Development Plans , 5. Exhibit "B" – Proposed Mitigation Program 0 PLANNING COMMISSION RESOLUTION NO. 2006 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF A MODIFICATION TO CONDITION NO. 5.A(3) OF CITY COUNCIL RESOLUTION NO. 2005-60 APPROVING CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01 TO THE CITY COUNCIL. A. RECITALS 1 The applicant, Michael McCarthy of Country Hills DB, LLC, has filed an application for a Modification to condition no. 5.A(3) of City Council Resolution No. 2005-60 approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject request to modify the conditions of approval of City Council Resolution No. 2005-60 shall be referred to as the "Application." 2. On March 17, 2006, public hearing notices -were mailed to approximately 332 property owners within a 700 -foot radius of the project site. In addition, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. At the public hearing of March 28, 2006, the Planning Commission of the City of Diamond Bar reviewed the Application, received additional public testimony and concluded said hearing on that date. 4. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 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. 'ice � � • {�� � a 2. Based upon the substantial evidence presented to the Planning Commission during the above referenced meeting on March 28, 2006, including written and oral staff reports, this Commission hereby specifically finds as follows: (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. (b) To the north and south of the property are existing single-family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and ------- the. Zone is.CommuriiLty..C.o.mm-.e.r.cia-I.... . . ------ (d) The Application is in conformance with the General Plan, the Development Code, and the Design Guidelines. (e) The Application will not be detrimental to the health, safety, or welfare or materially injurious to properties and improvements in the vicinity. (f) The Application has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) section 15070. A Mitigated Negative Declaration was approved for the project on December 6, 2005. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Conditional Use Permit (a) The proposed use is allowed within the subject zoning district with approval of a conditional use permit and complies with all other applicable provisions of this development code and the Municipal Code. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the use as approved by City Council Resolution 2005-60. Therefore, the proposed modification is consistent with the subject zoning and complies with the zoning district and all other applicable provisions of the development code and Municipal Code. 2 Planning Commission Resolution No. 2006-)(X (b) The proposed use is consistent with the General Plan and the Development Code. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the use as approved by City Council Resolution 2005-60. Therefore, the proposed modification not affect the project's consistency with the General Plan and Development Code. (c) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not the change the use as approved by City Council Resolution 2005-60. Therefore, the proposed modification not affect the design, location, size and operating characteristics of the uses approved under City Council Resolution No. 2005-60. (d) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule and will not thechange the project approved by City Council Resolution 2005-60. Therefore, granting the modification not affect the physical suitability of the project for the proposed site. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting the modification will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting this modification will improve the operation of the existing businesses by allowing them to relocate into the new two-story building while construction is taking place and will ensure that all of the project improvements approved under City Council Resolution No. 2005-60 will be completed in a timelymanner. 3 Planning Commission Resolution No. 2006 -XX 'g 'g � I The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQA) 15070. A Mitigated Negative Declaration for the project was previously approved by the City Council. The granting of the modification, will not change the project description or cause additional environmental impacts over those reviewed in the approved Mitigated Negative Declaration. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design. guidelines, and architectural criteria for special areas specific plans community plans, boulevards or planned developments). The proposed modification to City Council Condition no. 5.A(3) will not change the design and layout of the proposed project, the design of the facade for the existing buildings as approved under City Council Resolution No. 2005-60 and, therefore, is consistent with the General Plan, Development Code and Design Guidelines. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed modification to City Council Condition No.. 5.A(3) will result in a change in the timing of the project construction schedule and will not affect the design and layout of the project approved by City Council Resolution 2005-60. Therefore, the proposed modification will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed modification will not result in a change to the architectural design of the development project approved by City Council Resolution No. 2005-60. 4 Planning Commission Resolution No. 2006 -XX The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed modification will not result in a change to the architectural design of the development project approved by City Council Resolution No. 2005-60. Therefore, the proposed modification will not conflict with the requirement to provide a desirable environment for occupants and visiting public'. (k) The proposed development will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed modification to City Council Condition No. 5.A(3) will result in a change in the timing of the project construction schedule that will allow the continued operation of the existing on-site business with less disruption from the proposed construction. Therefore, the proposed modification will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) 15070. A Mitigated Negative Declaration was approved for the project on December 6, 2005, finding that with mitigation the project, with the implementation of mitigation measures, will not result in potentially significant impact to air quality, cultural resources, hazardous materials, noise and traffic/transportation. The proposed modification will not change the approved project description or create additional environmental impacts. Variance (m) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. 5 Planning Commission Resolution No. 2006 -XX SORAFT The proposed modification will result in a change in the timing of construction of the approved project and will not change the circumstances applicable to the site or the project description. Therefore, proposed modification will not be contrary to the finding that there are special circumstances applicable to the property as determined by City Council Resolution No. 2005-60. (n) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance is sought. The proposed modification will result in a change in the timing of construction of the approved project and will not change the project description. Therefore, proposed modification will not be contrary to the finding that -the -variance. is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the property owner for which the Variance was granted. (o) Granting the Variance is consistent with the General Plan and any applicable specific plan. The proposed modification will result in a change in the timing of construction of the approved project and will not change the project description or the circumstances applicable to the site. Therefore, granting of the modification will not be contrary to the finding that the variance is consistent with the General Plan. The project area does not have a specific plan. (p) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Approval of the Modification affects only the timing of the 'construction and not the circumstances which warranted the variance. Therefore, the proposed modification would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspection process. (q) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) 15070. A Mitigated Negative Declaration was approved for the project on December 6, 2005, finding that the project, with the implementation of 6 Planning Commission Resolution No. 2006 -XX mitigation measures, will not result in potentially significant impact to air quality, cultural resources, hazardous materials, noise and traffic/transportation. The proposed modification will not change the approved project description or create additional environmental impacts. 4. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends approval of the following revision to City Council Condition No. 5.A(3) approved under and subject to all of the other Special Conditions, Standard Conditions, and Mitigated in attached City Council Resolution No. 2005-60: A. General/Planning Division 3 Mlf" Mm imm". 170i loll —1-1-11P The market building, the inline retail and restaurant buildings, and the drive-through caf6 building shall be submitted for plan check prior to issuance of permits for the new two-story and three-story buildings. The market building, the inline retail and restaurant buildings and the drive-through caf6 buildings shall be in substantial construction prior to release of occupancy of the new two-story building. Substantial construction shall mean tower elements are framed and ready for applying surface materials such as stucco and stone veneer. The market building shall be occupied and in operation and all site improvements completed prior to release of occupancy for the three-story building. 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: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. 7 Planning Commission Resolution No. 2006 -XX DRAV L APPROVED AND ADOPTED THIS 8th DAY OF NOVEMBER, 2005, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman 1, Nancy, Fong, 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 March 2006, by the following vote: AYES: Commissioner: . ... ...... NOES: - - ------ Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary 8 Planning Commission Resolution No. 2006 -XX CITY COUNCIL RESOLUTION NO. 2005-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO.2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01. THE REQUEST IS FOR THE RENOVATION OF THE EXISTING SHOPPING CENTER AND THE CONSTRUCTION OF A TWO-STORY OFFICE/RESTAURANT BUILDING AND A THREE STORY MEDICAL OFFICE BUILDING TOTALING 221,083 SQUARE FEET; THE VARIANCE IS TO INCREASE THE BUILDING HEIGHT FOR THE MAIN RETAIL BUILDING FROM 35 FEET TO 40 FEET, THE TWO STORY BUILDING FROM 35 FEET TO 40 FEET AND THE THREE STORY BUILDING FROM 35 FEET TO 54 FEET; AND MAKING FINDINGS IN SUPPORT THEREOF; THE SITE IS 18.36 ACRES, IN THE COMMERICAL DISTRICT, AND LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIWSPRING& ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA;— APN: 8285.020-31 THROUGH 51. A. RECITALS 1. The applicant, Michael McCarthy of Country Hills DB, LLC, has filed applications for Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and Variance requests shall be referred to as the "Application." 2. On September 23, 2005, Planning Commission public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25 and November 8 2005, the Planning Commission of the City of Diamond Bar conducted duly noticed public hearings on the Application, received public testimony and concluded said hearing on that November 8, 2005. 4. On October 25, 2005, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On October 25, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 5. On November 15, and December 6, 2005, the City Council of the City of Diamond Bar conducted duly noticed public hearings, received public testimony and concluded the public hearings on December 6, 2005. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This City Council hereby specifically finds that all of the facts set forth in the -Recitals, Part A, -of this* Resolution are true and correct. 2. Based upon the substantial evidence presented to the City Council during the above referenced meetings on November 15, and December 6, 2005, including written and oral staff reports,.this City Council hereby specifically finds as follows: (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. (b) To the north and south of the property are existing single family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and the Zone is Neighborhood Commercial. Concurrent with the Application, a Zone Change No. 2004-01 from Neighborhood Commercial to Community Commercial is requested. (d) The Application with its site plans, building design, landscaping, and grading together with the conditions of approval and the mitigation are in conformance with the General Plan, the Development Code and the Design Guidelines. 2 MMY (e) The Application and the intended use together with all conditions of approval and the mitigation will not be detrimental to the health, safety, or welfare or materially injurious to properties and improvements in the vicinity. (f) The Application has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) section 15070. The Mitigated Negative Declaration review period began September 23, 2005, and ended October 25, 2005. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. 3. The City Council hereby specifically finds and determined that having considered the record -as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this City Council that the proposed project herein will have the -p6t6htFdl'Vf an Eidvdr§66ffedt 6fi'wild life resources or the habitarup66WKibh--'-'-' the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: Conditional Use Permit (a) The proposed use is allowed within the subject zoning district with approval of a conditional use permit and complies with all other applicable provisions of this development code and the Municipal Code. Concurrently with the Application, the applicant requested for a Zone Change from Neighborhood Commercial (0-1) to Community Commercial (C-2). The development and renovation of the shopping centerrequires a Conditional Use Permit. The existing and proposed uses for the shopping center such as the future market, existing drug store, restaurants, retail uses, spa, medical office and office uses, are all allowed underthe Community Commercial (C-2) zone. The existing and proposed uses in the shopping center will comply with all applicable provisions of the Development Code and the Municipal Code. 3 OOPY (b) The proposed use is consistent with the General Plan and the Development Code. Economic Development is a goal of the General Plan. The proposed project will implement this goal. The proposed project is consistent with the Diamond Bar Development Code. (c) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The shopping center was originally constructed in the 1970's and renovated in the late 1980's -before the incorporation of the City. The existing businesses such as the drug store, the restaurants, retail shops, etc., will remain in place. The proposed new uses such as a market for the major tenant, medial offices, offices, more restaurants and retail uses will add to me aiversiry or snopping emu sUi vIE;U's wt the surrounding residents. The existing and proposed uses will be compatible with the existing and future land uses in the vicinity. The proposed project. will promote the aesthetics of the physical environment and adds to the economic and social character of the City. (d) The subject site is physically suitable forthetype and densitylintensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The subject site is an existing shopping center with access off Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. The site with its renovation 'of the shopping center and the development of the two new buildings continued to be physically suitable for existing uses and the types of uses being proposed. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting this conditional use permit will improve the property and add value to the City in general. 0 LF - (f) The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQA) 15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The design and layout of the proposed p r6jed, th 6'h e w design of the facade for the existing buildings are consistent with the General Plan, Development Code and Design Guidelines. (h) The design and layout of the proposed development will not interfere with the use and enjoyment' of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed project is to renovate an existing shopping center and the construction of two new office buildings. The design and layout of the existing buildings and the two new office buildings will not interfere with the use and enjoyment of existing surrounding uses. However, the two new office buildings will have an increase in traffic. Based on the mitigation program, the applicant is .required to improve the southbound approach on Diamond Bar Boulevard at the intersection of Cold Springs Lane with a re -striping of a third through lane and a contribution of $79,593 for the projects share of the cost in funding future road improvements needed to alleviate cumulate impacts to traffic. The existing access for the shopping center will be improved further to provide for safe pedestrian walkway and address handicap accessibility. (i) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed renovation together with the new buildings will create an aesthetically pleasing environment. The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures, and color and will remain aesthetically'a ppea ling. The proposed design of the building will, provide a desirable environment for its occupants and visiting public. The design will encourage the public to visit often, shop and enjoy the aesthetically pleasing environment. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect lu-e-8-�---6rr6gal6(g)_!of-:-:property)-to=the.- properties - improvements in the vicinity. Variance The proposed- development will not -be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. The proposed project will improve the value of the properties and provide positive impact to the City. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) 15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, 'topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other -property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. L•. The site is unique because it is constrained by a grade difference of more than 20 feet from the street grade of Diamond Bar Boulevard which deters visibility of the center from the street The existing car wash at the comerof Cold Springs Lane and Diamond BarBoulevard and the two story office building at the comer of Fountain Springs, Road and Diamond Bar Boulevard also contribute to poor visibility of the center. No other existing centers in the City have this visibility problem. The various towers at the main building are more than 200 feet away from the westerly residential area. The two story building at Fountain Springs Road sits 5 feet below street grade. Therefore, the view from the northerly residential area would see only 30 feet in height of the building. The three story medical off7ce building behind the car wash site is 28 feet below Diamond Bar Boulevard street grade and only the third story of the building would be seen from Diamond Bar Boulevard. (n) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the properlyownerf6f -Mkh the Variance is As referenced above in Item (m), granting the Variance is necessary - for the preservation and enjoyment of substantial property 'rights possessed by other property owners in the same vicinity and zoning districts. (o) Granting the Variance is consistent with the General Plan and any applicable specific plan. Due to the constraints of the project site being more than 20 feet below Diamond Bar Boulevard street grade, approving this Variance will be consistent with the General Plan. The project area does not have a specific plan. (p) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Approval of the Variance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspection process. (q) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) 15070. 7 PW The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and trafficAransportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. A copy of the mitigation pr6gram is attached hereto and incorporated herein. 5. Based on the findings and conclusions set forth above, the City Council hereby approves the project subject to the following Special Conditions, Standards Conditions and Mitigation attached hereto and incorporated herein: A. General/Planning Division The approval isfor Country Hills Town Center totaling 221,083 square feet. The approval inbludes the renovations of the fabad6 for 8 45,0square fe-6t 21,400 square feet Ride Aide store; 65,154 square feet of existing in-line buildings'for retail and restaurant users; a 4,000 square feet of outdoor dinning area; a drive-thru cafe; a new 49,100 square feet three story office/medical office building and a new 12,408 square feet two story building for office and restaurant; the demolition of the existing child care center and a retail building at the south side of the site. (2) The market tenant is defined as a supermarket or a grocery story primarily engaged in retailing a general line of food such as canned and frozen foods, fresh produce, fresh and prepared meats, fish and poultry, and fully control and operated by the supermarket. It may include a deli and food court operated by others. (3) The renovations of the existing buildings from the market tenant through the retail building to the building with the new drive-thru caf6 shall be completed prior to issuance of building permit f6T the new two story building. The market tenant shall occupy the building and be in operation prior to issuance of building permit for the new three story building. (4) A Planned Sign Program shall be submitted for Planning Commission review and forward , ed to City Council for final review and approval. The Planned Sign Program shall establish sign criteria for tenants, monument signs and center directory signs. The three story medical office building shall have wall signs that display the name of the building instead of individual tenants' names and the signs shall be non- A illuminated. The second story for the two story building shall have minimal number of wall signs and the signs shall be non - illuminated. (5) The dimensions of parking spaces shall comply with Development Code standards, which is 9 feet by 19 feet. (6) The property owner shall correct, repair and improve on-site sub -standard property maintenance issues such as drainage, storm drain, landscape irrigation, sewer facilities, etc. Plans shall be submitted for Community Development and Public Works Directors review and approval. (7) The property owner shall provide additional screening devices such as but not limited to wood slots, vines, landscape areas, etc., along the west property line; submit plans for Community Development Director review and approval prior to issuance of building permits. _(8) - Variance *-No.'-2004-02 'i§ appf6VEFd* to increase -the' building height for the towers of the main retail building from 35 feet to 49 feet; the new two story retail/office building from 35 feet to 40 feet and the new three story medical/office building from 35 feet to 54 feet. (9) The final design of the project entry off Diamond Bar Boulevard shall be subject to Community Development and Public Works Directors review and approval prior to issuance of building permits. The design shall include small flowery trees next to tall palm trees. The palm tree species shall be of canary island date, date palm or king palm. The size of the palm trees shall be a minimum of 10 feet brown trunk. (10) The property owner shall provide sufficient number of trash enclosure areas subject to the Community Development Directors review and approval prior to issuance of building permit. (11) All shopping carts shall be collected at the end of the business hours and stored inside the building of the supermarket and/or Rite Aide or in an approved outdoor screened area. (12) The maximum square footage for restaurants and outdoor dinning shall not exceed 53,397 square feet. The restaurants square footage does not include the two existing drive-thru fast foods and the drive-thru caf6, the 5,000 square feet 0 0 FV designated for food court within the market building, and the in- line food users. In-line food users are defined as "express" fast food With limited seating of up to 14 seats and examples are ice cream shops, bagel shops, donut shops, delicatessens and similar type of fast foods. (13) The keeping of the existing non -conforming pylon sign shall require a new variance application. (14) A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, .etc., shall be used and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval priorto the issuance of building permits. :}Mrrd�sdapiff g= -;—TIT"__ t li-provide=-.g-cl-os&-tor,-1-5--perc--ent-ofx,,,----,.P---- the site area for landscaping as possible; provide tree wells within the parking lot and planted With a small slow growing -tree; provide landscape areas along store frontage for planting of trees; provide vine pockets in front of building columns; provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to a breezeway. Detailed design shall be submitted for Planning Division review and approval prior to issuance of building permits. (16) For the tier of parking spaces located north of the central median landscape area, it shall be modified to show landscape areas. Final design subject to Community Development Director review and approval. (17) Add a flat roof tower over the new drive-thru pickup window for the future caf6 tenant. Final design subject to Community Development Director review and approval prior to issuance of building permits. (18) The entire length of the west elevation (rear) shall have cornice treatment at the top of the parapet consistent with the design at the east (front) elevation. (19) (a) The roof screen parapet wall for the two-story and three- story buildings shall be integrated in the design of the buildings. C(OPY (b) New roof screen wall for screening existing and new roof equipment shall be provided. Design, materials and color of the new screen wall shall be submitted for Community Development Director review and approval prior to issuance of building permits. New screen wall shall be installed prior to occupancy. (20) - Submit color and material samples for the project prior to issuance of building permits. (21) The applicant shall redesign and reconstruct the existing community bulletin board within the shopping center. Final design and placement of the community bulletin board shall be subject to Community Development Director review and approval. The community bulletin board shall be completed prior to release of occupancy. (22) Environmental mitigations: (a) The following measures shall be implemented to reduce equipment emissions and limit exposure to diesel particulate emissions: all diesel tucks should be fitted with particulate filters or traps; all construction workers should be advised to wear masks when working near diesel equipment or diesel trucks. (b) If during grading archaeological resources are encountered, construction activities in the area of the find smut be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. (c) If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Las Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the coroner determines that the remains are not recent the coroner will notify the Native American Heritage Commission for consultation. (d) Prior to commencement if demolition, -a complete asbestos and lead paint survey shall be conducted on structures to be demolished at Country Hills Towne 11 Center if they have the potential to contain asbestos or lead paint. If asbestos or lead paint materials are present, they will be handled by a trained and licensed asbestos or lead paint abatement contractor and disposed of in compliance with all applicable regulations. (e) Demolition, grading and construction operations shall be in accordance with Development Code section 22.28.120 (1 a) — 7:00 am and 7:00 pm Monday through Saturday. If there are complaints regarding noise or other negative impact to the surrounding residents the demolition, grading and construction operation shall be restricted to within the hours of 7:30 am to 5:30 pm Monday through Friday. Prior to tfila—m" ion of t;ulltitru-ction-activitieg,-*th-er-------------- southbound approach on Diamond Bar Boulevard at the intersection With Cold Springs Lane shall be re -striped to provide a third through lane,.* (g) Prior to the final certificate of occupancy, the project shall assist the funding of road improvement needed to alleviate cumulative impacts to traffic. A contribution of $79,593.79 represents the project's share of the costs based on it relative contribution to worsening traffic condition. (18) Provide pedestrian connection from the public sidewalk to on- site for Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. (19) Decorative textured pavement shall be provided at project entries (Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs * Road) and across circulation aisle's where there is a pedestrian pathway. Decorative textured pavement shall be provided at the terminus of the center landscape median island. Location, design materials and colors for the textured pavement are subject to Community Development Director review and approval. B. Engineering/Public Works (1) A Lot Line Adjustment shall be recorded prior to issuance of building permits for the three story medical office building and the supermarket building. 12 (2) Upgrade the following driveways to Cold Springs Lane, Diamond Bar Springs Road. current ADA standards: Boulevard and Fountain (3) Remove concrete from parkway at Cold Springs Lane and replace with landscaping to match existing parkways to east and west of the project. (4) Eliminate all storm drain/irrigation water discharge through all retaining walls. All on site storm water shall be drained to underground drainage facilities. A drainage plan shall be submitted for Public Works ' Director review and approval prior to issuance of any permits. (5) Evaluate pavement conditions of the parking lot and implement improvements. Detailed plans shall be submitted for Public Works and Community Development Directors review and approval prior to issuance of any permits. (6) Provide protective fencing or barrier to the property frontage along Diamond Bar Boulevard at the top of the slope (7) Provide separate pedestrian access on Diamond Bar Boulevard and Sugar Pine to the shopping center. The entrance shall be posted to identify the location for ADA accessibility. The final design shall be subject to City Engineer and Community Development Director review and approval prior to issuance of building permit. (8) Show all utilities on the plans (i.e., Edison power poles along the westerly side of the property.) (9) All parcels within the subdivision shall be annexed into the City Lighting and Landscaping Assessment District No. 38. (10) Submit on-site striping and signing plans for City Engineer review and approval prior to issuance of building permits. The striping for the parking spaces shall consider 90 degree parking angle subject to Community Development Director review and approval. (11) Post signs for No Truck Delivery at the project entry of Fountain Springs Road. 13 C. Fire (1) All required fire hydrants shall be installed and tested and accepted prior to construction. (2) The required fire flow for this development is 5,000 gallons per minute for 5 hours. The water mains in the street fronting this property must be capable of delivering this flow at 20 pounds per square inch residual pressure. (3) Provide the occupancy, type of construction, extent of fire lanes (indicated on the plans by shading or cross hatching), locations and sizes of all fire hydrants within 300 feet of all property lines. (4) Project subject to Fire Code Access Standards. (5) Fire Protection facilities including access must be provided prior to and during construction. (6) Submit architectural drawings, including site plan, floor plan, elevations, door and window schedules to Fire Prevention Engineering at 590 S. Park Avenue, Pomona, CA 91766. D. Building and Safety (1) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all applicable construction codes, ordinances and regulations in - effect atthe time of issuance of building permits. (2) Fire Department approval is required. (3) Submit code analysis and justification showing the following: ® Each building square foot ® Each building height ® Type of construction • Sprinkler system ® Each group occupancy ® Property line location in relation to each building (side yard) ® Exit analysis for .each building (occupant load/corridor rating/exit width/exit signs) 14 ® Accessibility analysis for the entire site and for each building ® Shaft-rating/exterior walls construction/opening protection (4) The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a licensed Architect/Engineer with wet stamp and signature. (5) This project shall comply with the energy conservation requirements of the State of California Energy Commission. (6) This project shall comply with all Title 24 accessibility requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. -(7) The project shall be protected by a construction fence and shall comply with the NPDES and BMP requirements. (8) Surface water shall drain -away from building at a 2 percent minimum slope. (9) Specific location of tempered glass as required by code. (10) All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. (11) Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. The City Council shall: (a)- Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. APPROVED AND ADOPTED THIS 6TH DAY OF DECEMBER, 2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Carol Herrera, Mayor 15 0 Py ) 1, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was approved and passed by the City Council of the City of Diamond Bar at its regular meeting held on the 6th day of December 2005 by the following vote: AYES: Council Members: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None ATTEST: VUMa C. Lowry, City ClerW, -City of Diamond Bar ' in STATE OF CALIFORNIA COUNTY OF LOS ANGELESSs CITY OF DIAMOND BAR I 1, LINDA C. L61WRY, CITY CLERK OF THE CITY OF DIAMOND BAR, DO HEREBY CERTIFY UNDER PENALTY OF PEPARRY UNDMIZ 11M LAWS OF THE STATE OF CAULFORNiU- TIE FOI-tGOING TO BE A FULL, TRUE A14D CORRECT COPY OF THE ORIGINAL AS SANTE APPEARS ON FILE IN MY OFFICE. IN WITNE-FS V-.-HEEREON, I 14WE, HEREUNTO SET My HAND A-N'D 1-17FIXED TI:Tr-W OF THE CITY OF MOND r,.& DAY ON OF _ Zt/ 1200t—, IVDA C. RK BY DEPUTY '1111zt! ION IL ", COMMUNITY AND DEVELOPMENT . . . . . . . . . . . . SERVICES DEPARTMENT STANDARD CONDITIONS (DEVELOPMENT) PROJECT #: CUP 2004-01, DR 2004-19 and VAR 2004-02 SUBJECT: Country Hills Towne Center APPLICANT: . Cou ntry-H ills. DB,...LLC/Michael . McCarthy..... LOCATION: West of Diamond Bar Blvd., between Fountain Springs Rd. and Cold Springs Ln. ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (909) 839- 7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 brought within the time period provided by Government Code Section 66499.37. In the event the City and/or its officers, 'agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. 17 The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2.* Signed copies of City Council Resolution No. 2005 -XX, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that GameGode.---p-a-y-mKall be made`i�y'fhe applicant` o the City within five days of this approval. 5. The -project site shall be -maintained -and operated in full- compliance with the conditions of approval and all laws, or other applicable regulations. 6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 8. Prior to any use ofthe project site or business activity being commenced o . thereon, all conditins of approval shall be completed. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety, Public Works and Engineering Divisions and Mitigation .Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation or issuance of building permits, whichever come first. W-1 ply 2. All deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and ,owner of the property involved have filed within 15 days of approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval shall expire if building permits are not issued or approved use has not commenced within two years from the date of approval. The applicant may request for a one-year time extension subject to Planning Commission approval. 1 The project site shall be developed and maintained in substantial d6hf6rrhanbe'W1th`the approved plang*gubmifted to and 8[ppit6V6d byth'e­City Council including: site plans, architectural elevations, e ' xterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein and Development Code regulations 2. The Mitigation Monitoring Program approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All Costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 3. A property management association (HOA) shall be formed. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, parking areas and landscaping shall be provided by CC&R's or deeds and shall be recorded, prior to issuance of building permit. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently prior to the issuance of building permits. 4. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 5. All building numbers and individual units shall be identified in a clear and . concise manner, including proper illumination. House numbering plans shall 19 -2 be submitted to and approved by the City building permits. CD)f.,..,.. 1, pP Engineer prior to issuance of 6. All lighting fixtures adjacentto interior property lines shall be approved bythe Planning Division as to type, orientation and height. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. I I 2;!6AV:[RNt;lA1 1. Detailed landscape and irrigation plans shall be prepared by a licensed 'landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. 2. Prior to `releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the landscaping and irrigation comply -.-with the approved landscape and irrigation plans. SOLID WASTE 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 bet ' he applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 4. Central trash enclosures shall be equipped with recycling receptacles. INX r APPLICANT SHALL CONTACT THE ENGINEERING/PUBLIC WORKS DIVISION, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAUSUBDIVISION 1. Prior to final map approval or issuance of building permit, whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. 2. Prior to final map approval or issuance of building permit, whichever comes first, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 3. Prior to final map approval or issuance of building permit, whichever comes first, if any public or private improvements required as part of this project have not been completed by applicant and accepted by the City, applicant shall enter into an agreement with the,City and shall post the appropriate security. 4. Cost Estimates for all bond or surety amounts shall be provided by the applicant and approved by the City Engineer. 5. Prior to final map approval or issuance of building permit, whichever comes first, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 6. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 7. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the detailed site plan and grading plan, as approved by the City Engineer. 8. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Division in addition to any other permits required. 9. Applicant shall label and delineate on detailed site plan any private drives or fire lanes to the satisfaction of the City Engineer. 2.1 10. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 11. Prior to occupancy,.the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 12. Applicant shall provide digitized information in an Auto CADD format defined by the City for all related plans, at no cost to the City. 13. All activities/improvements proposed for this project shall be wholly contained within the boundaries of the project. Should any off-site -activities/ improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. B. DING - 1. No grading or any staging or construction shall be performed prior to issuance of building permits. 2. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance and acceptable grading practices. 5. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval: - Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. 6. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement 22 executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 7. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. 8. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into. the grading plans for construction and post -construction activities respectively. 9. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. C. DRAINAGE 1. All drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building per I mits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Storm drainage facilities shall be constructed within the street right-of-way Or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the County of Los Angeles and all fees required shall be paid by the applicant. D. UTILITIES 1. Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. E. SEWERS 1. Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in 091 the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Applicant shall obtain connection permit(s) from the City and County. Sanitation District prior to issuance of building permits. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. F. TRAFFIC MITIGATIONS 1. All traffic signals plans and traffic mitigations shall be implemented in accordance with the Traffic Impact Analysis Report by ! inscott, Law & Greenspan engineers dated July 25, 2005, prior to issuance of the certificate —ofoccupancy:------ ------- APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE7*FOLLOW'ING CONDITIONS:, 1. 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 and all other applicable construction codes, ordinances and regulations in effect at the time the application was approved. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. The buildings shall be inspected for compliance prior to occupancy. 3. The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. 4. Fire Department approval is required. 5. All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. 6. Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. a-2 Tz� 7. Retaining wall design and calculations shall be. submitted to the Public Works/Engineering division for review and approval concurrently with the grading plan check. 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(909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 71 MEETING DATE: November 8, 2005 (Continued Public Hearing from October 25, 2005 meeting) REPORT DATE: October 31, 2005 CASE/FILE NUMBER: Zone Change No. 2004-01, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02 PROJECT LOCATION: West side of Diamond Bar Boulevard, between Cold Springs Lane and Fountain Springs Road APPLICATION REQUEST: 1. To change the zoning district from Neighborhood Commercial (C-1) to Community Commercial (C-2) consistent with. the General Plan designation of Commercial. 2. To renovate the facade of the existing shopping center; to construct a new three story medical/office building and a two story retail/office building; and to include a drive-thru caf6. 3. To request an increase in the building height for the following: The towers of the main retail building from 35 feet to 49 feet; the new two story retail/office building from 35 feet to 40 feet and the new three story medical/office building from 35 feet to 54 feet. PROPERTY OWNER: Country Hills, DB LLC 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 APPLICANT: Michael McCarthy MCC Realty Management 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 STAFF RECOMMENDATION: Staff recommends the Planning Commission adopt for approval Zone Change No. 2004-01, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance 2004-02 to the City Council. FEETRITET.-TelF MUD A. October 25, 2005 Study Session and Public Hearing: At the study session, the Planning Commission questioned the more than 24 percent of floor area designated for food users and restaurants. The also questioned whether there are sufficient traffic mitigations, the type of tenants that would go into the center and who is the market tenant and pedestrian connections The applicant, Mike McCarthy, responded that he is working to get a grocery store for the major tenant space. He stated that he has strong interests from Asian markets and restaurants. Approximately more than a dozen residents or tenants attended the study session. Following the study session, the Commission held a public hearing and received public testimony. There were eleven speakers who are either surrounding residents or tenants of the c ' enter. Their concerns ranged from the deteriorated _Q_Qn it! -n -s..- f-th-e— e.nter,_th_e__neede_d._ buffering- for__th_e______,_. residential areas a-- nid - thi&height of - the three 'story medical - al building- The Commission continued the public hearing to November 8th meeting, which was requested by the applicant to -allow him time to work with staff in refining the conditions of approval. B. Proiect Background Information: Country Hills Towne Center was constructed under Los Angeles County* standards under one or more conditional use permits prior to City's incorporation. In April 1988, a Conditional Use Permit (CUP No. 87-002) including development plans were issued by the County, which confirmed the existence of the center. However, with the vacation of the Alpha - Beta supermarket caused by the merging of two supermarkets, the center has been on a downward spiral in its vitality since early 1990's. In October 2003, applicant, Mike McCarthy of Country Hills DB, LLC, purchased Country Hills Towne Center with the intent of renovating and revitalizing the shopping center. He initially submitted the application for the renovation proposal in May of 2004 and staff found it to be incomplete for processing. While the applicant was revising the development proposal, he continued to actively market the site for a supermarket tenant and other tenants. In October 2004, the applicant responded in a letter assuring the City that he is working diligently to sign a supermarket tenant and obtain the necessary City approvals for the renovation and revitalization of the Country Hills Towne Center. In March 2005, the applicant submitted a revised proposal for review. Staff has been working with the applicant and his professional team to prepare the application and the development plans ready for Planning Commission and City Council review. To date, the applicant is not ready to announce the supermarket tenant or other new tenants for the center. 2 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 ANALYSIS: A. Existing Site_., Conditions: The project site is 18.36 acres in size and fully developed, with the exception of a small vacant graded lot on the northern side of the site. The existing gross floor area of the center is 169,777 square feet. The car wash at the corner of Fountain Springs Road and Diamond Bar Boulevard and the two story office at the corner of Cold Springs Lane *and Diamond Bar Boulevard as well as the existing AAA office building are not part of the project site and have separate property owners. Vacancies in the center are high. Complaints have been received about the site's property conditions, which could use improvements and upgrades. Also, the site is constrained by a grade difference of more than 20 feet below the street grade, which negatively affects the visibility of the shopping center. B. Proiect Descriptions: The proposed project includes the renovations of the facade of a 45,031 square feet supermarket building; the existing 21,400 square feet Ride Aide store; and the 65,154 square feet of existing in-line buildings for retail and restaurant users with outdoor dinning area. The proposed project also includes the demolition of the existing child care center and a retail building at the south side of the site in order to allow for the construction of a new 49,100 square feet three story office/medical office building. The vacant graded pad at the north side of the site will allow the construction of a 12,408 square feet two story building for office and restaurant. Upon project completion, Country Hills Towne Center will have a total of 221,083 square feet of gross floor area. The following table compares the existing with the proposed square feet: USE EXISTING SQ. FT: PROPOSED SQ. FT. Market 25,00_ 45,031 Rite Aid 21,400 21,400 Retail/Restaurants 63,948 65,154 Child Care 7,365 NA Theater 23,574 NA Fast Foods 7,990 7,990 AAA Office 20,000 20,000 3 -story Office NA 49,100 2 -story Office/Restaurant 6,838 sq. ft. (Restaurant) 5,570 sq. ft. (Office) NA 12,408 TOTAL j 169,777 221,083 C. Site and Surrounding Uses: The General Plan and Zoning for the site is Commercial and Neighborhood Commercial District (C-1), respectively. The north, south and west sides of the site are predominately single family homes. The shopping center is physically separated from the westerly residential area by the existing Brea Canyon Channel. The east side of the site is existing condominiums. 3 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 D. Application and Review Authority: The proposed project requires four applications, namely Zone Change, Conditional Use Permit, Development Review and Variance. A Zone Change requires City Council approval, and the Conditional Use Permit, Development Review and Variance require Planning Commission approval. According to Section 22.48.030 of the Development Code, all applications shall be processed- simultaneously by the highest review authority. For this project, the Planning Commission is a recommending body and will forward a recommendation to the City Council. The City Council is the final highest review authority. E. Zone Change No. 2004-01: The current General Plan land use designation for the site is Commercial and the zoning is Neighborhood Commercial District (C- 1). The applicant requests to change the zoning from Neighborhood Commercial (C-1) to Community Commercial (C-2). Under the General Plan Land use desimation of Commercial, it allows a range of commercial zoning from Neighborhood;- Community ---to- Rbgi-dffbl. --'- Iff-this 6a"80, the - M-8hge- from' Neighborhood to Community Commercial is acceptable and appropriate because of the location of the site, which fronts on to a major boulevard and the size (over 18 acres) of the shopping center. A Community Commercial zone will allow a wider range of use that may include computer stores, banquet facility, health club, indoor entertainment, auto parts sales, grocery stores, furniture and appliance stores, and garden supply stores. Typically, these stores and services would attract a broader range of population. F. Conditional Use Permit No. 2004-01: The renovation of and the addition to the shopping center requires a Conditional Use Permit per Section 22.10.30 of the Development Code. Further the conversion of a portion of the existing building to a new drive-thru caf6 requires a Conditional Use Permit. G. Development Review No. 2004-19: The purpose of Development Review is to implement the objectives of the General Plan which states, "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design." 1 Site Design and Access: The main entry of the center is off Diamond Bar Boulevard and the proposal includes renovation with new entry monument signs, a wider landscape median and a water feature. At the recommendation of the City's traffic consultant, the entry will include two lanes for egress and ingress which provides a safer condition for pedestrian and vehicular traffic. The existing secondary access off Fountain Springs Road will remain with no changes. The secondary access off Cold Springs will be relocated further west and provide a smoother entrance to the shopping center and the medical office building. The loading/service driveway will remain toward the back of the shopping center. 4 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 In response to the Commission concerns regarding pedestrian connection, the applicant is willing to add pedestrian walkway from the public sidewalk to onsite. The applicant will be providing pedestrian connection from the three story medial office to the building that backs up to Diamond Bar Boulevard. 2. Landscaping: The main entry off Diamond Bar Boulevard with its wide landscape island and a water feature will provide an attractive aesthetic entry statement. No changes are proposed for the parking lot. The entire length of the frontage of the stores from the market building to the day spa/retail building does not include. landscaping. The applicant fears that adding trees within the parking lot and along the store frontage will further negatively impact the visibility of the center because of the grade difference from the street. Staff believes that landscape treatment should be included to provide shade within the parking lot; improve the pedestrian environment; and, enhance the aesthetic appearance of the center. Staff recommends the following changes, which can be conditioned. Staff is agreeable to work with the applicant to address the proposed conditions: a. Provide tree wells within the parking lot to include small and slow growing trees. b. Find locations along the storefronts for landscape areas where a cluster of trees could be planted. C. Provide vine pockets in front of building columns. d. Provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to the breezeway. 3. Building Design: The existing architectural style for the shopping center is contemporary with red tile roof, tower elements, a colonnade of square columns and stucco material. The applicant proposes to re -skin or renovate the existing buildings with the following elements: a. The main building from market to spa: Modify and add new towers for the east elevation (front). The towers are raised in height, and they vary from 40 feet to the highest at 49 feet. The towers are treated with decorative metal accents and stacked stone materials. Beside the traditional pitch roof towers, flat roof towers are added at various locations to provide a variety and interest. No upgrades or architectural treatment are proposed for the west (rear) elevation except for the addition of a pop -out element at the breezeway area. Staff believes architectural elements should be applied to all sides of the building to have a total design and that at a minimum the 5 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 entire length of the west elevation (rear) should have cornice treatment at the top of the parapet. A condition of approval is placed in the attached resolution. In response to the concern from the resident, the applicant is willing to add landscaping along the rear of the center and will provide new roof screen wall to screen existing roof equipment. b. The existing building that backs up to Diamond Bar Boulevard: The renovations include adding a drive—thru lane for a caf6, which necessitates a retaining wall. Again, traditional towers are added to the building. Staff recommends that a flat roof tower element be added over the pick up window. The added tower with fascia area will allow for the placement of a sign and provide more visibility from Diamond Bar Boulevard for a future caf6 tenant. A condition of approval is placed in ;the staff the attached resolution and sta"Is- agreeable to work with the applicant in the final design. C. The two story office/retail/restaurant building and three story medical office building: The architectural style of the two new buildings is similar. They consist of flat roof treated with cornice elements, stucco walls with stacked stones as a wainscot. Staff believes that the design is compatible and adds aesthetic value to the entire center. 4. Parking Analysis: According to Section 22.30.050 of the Development Code, a Shared Parking analysis, is required if the total number of required parking spaces is more than the number of parking spaces provided. A Shared Parking Analysis was submitted to City's consultant for review and the results were summarized in the following table: USE SQ. FT. PARKING PARKING PARKING RATIO REQUIRED PROVIDED Supermarket, retail, 90,614 1/300 302 office, spa Restaurants 53,397 1/75 plus 1/300 519 (service areas) (16,014) for service areas (outdoor dinning) (4,000) plus 1/100 for out -door dinning Fast Food 7,990 1/100 80 AAA Office 20,000 1/400 50 Medical Office 49,100 1/250 196 TOTAL 221,083 1,219 1,012 6 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 According to the results of the shared parking analysis, the total number of parking spaces needed at peak time, which is defined as a weekday at 1:00 pm or weekend at 8 pm, is 1,003 spaces (Exhibit "E"). According to our consultant, the practice under Urban Land Institute for shared parking is to have a minimum of 5 percent above the peak demand with a total of 1,053 spaces. The site has 1,012 parking spaces. The applicant has submitted a letter (Exhibit "D") stating that the 1,012 parking spaces provided on site are more than adequate to support the center. The applicant stated that the traditional shopping experiences have evolved to be more of life style centers where shoppers patronize as opposed to one retailer per trip. Staff agrees that 1,012 parking spaces are adequate to support the center. To ensure that the center would not have a parking problem, the Planning Commission could place a cap on the total square footage for restaurant use. Also, a condition could be in place where the applicant would submit a plan to address the issue subject to staff review should there be a parking problem. 5. ajags: A condition of approval in the attached draft resolution requires a new Planned Sign Program for the shopping center. The Planned Sign Program will include monument signs, tenant signs and directory signs. There is an existing pylon sign at the entry off Diamond Bar Boulevard which is legal conforming. It is recommended that the existing pylon sign at the entry off Diamond Bar Boulevard be removed, or a variance application process is required to leave it in place, which can be addressed at a later date. 6. Lot Line Adjustment: The property consists of 20 parcels. The property lines for the market building and the three story office building must be adjusted so that they do not traverse the buildings. H. Variance No. 2004-02: The proposed towers for the main building range from 40 feet to 49 feet. The two story office and restaurant building adjacent to Fountain Springs Road is 36 feet high at the setback line and 40 feet at the parking lot. The three story medical building is 54 feet high at the top of the equipment screen wall. The maximum building height allowed is 35 feet, hence the variance application. The site is unique because it is constrained by a grade difference of more than 20 feet from the street grade of Diamond Bar Boulevard which deters visibility of the center from the street. The existing car wash at the corner of Cold Springs Lane and Diamond Bar Boulevard and the two story office building at the corner of Fountain Springs Road and Diamond Bar Boulevard also contribute to poor 7 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 visibility of the center. No other existing centers in the City have this visibility problem. The various towers at the main building are more than 200 feet away from the westerly residential area. The two story building at Fountain Springs Road sits 5 feet below street grade. Therefore, the view from the northerly residential area would see only 30 feet in height of the building. The three story medical office building behind the car wash site is 28 feet below Diamond Bar Boulevard street grade and only the third story of the building would be seen from Diamond Bar Boulevard. Staff believes the site is unique because of the grade constraints that no other shopping centers in the city experiences. The strict application of the code would deny the property owner of the same privileges enjoyed by other property owners of shopping centers. Staff recommends the Planning Commission grant the building height variance. I. Environment Review and Proposed Mitigated Negative Declaration: The - -- -, -- - - - - - 1-1-, provisions _f the _. ifo project has been reviewed - pursuant to the provisions o the Cal rnia I nvironme'n-tal Quality Act (CEQA) Section 15070. The Mitigated Negative Declaration's review period began September 23, 2005, and ends October 25, 2005. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. Therefore, staff recommends the issuance of a Mitigated Negative Declaration. NOTICE OF PUBLIC HEARING: On September 23, 2005, notice of public hearing for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune. In addition, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. Further, the project site was posted with a display board and the public hearing was posted in three public places. RECOMMENDATION: Staff recommends that the Planning Commission conduct a public hearing to review the project; upon conclusion of the public hearing, forward a recommendation of approval to the City Council through the adoption of the attached resolutions. Nancy Fong, AICP Interim Community Development Director 8 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 Attachments: 1 Draft Resolution Recommending Approval of Zone Change No. 2004-01 to City Council 2. Draft Resolution Recommending Approval of Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 to City Council 3. Exhibit "A" — Development Plans 4. Exhibit "B" — Proposed Mitigation Program 5. Exhibit "C" - Applicant's response letter to Parking Analysis 6. Exhibit "D" - Summary of Traffic Impact & Shared Parking Analysis 9 ZC 2004-01ICUP 2005-01/DR 2004-19NAR 2004-01 October 25, 2005 EXHIBIT "A" — DEVELOPMENT PLANS Development plans were previously distributed to the Planning Commission. X N s 0 CD W o I- �O N 0 O C o Q -P CD cQ o N CD _p .gyp O N M 3 Country Hills Towne Center Screencheck Mitigated Negative Declaration MITIGATION TABLE IMPACT MITIGATION RESPONSIBLE ENTITY LEVEL OF SIGNIFICANCE 3.1 Aesthetics City of Diamond Bar SC 3.1-1 Trees shall be preserved or mitigated for as required by the City of Diamond Bar Tree Preservation Department of Community Not Applicable and Protection Ordinance, as codified in Chapter 22.38 of the Municipal Code. and Development Services SC 3.1-2 All outdoor lighting shall conform to current City of Diamond Bar- requirements as specified in City of Diamond Bar Section 22.16.050, Exterior Lighting, of the Municipal Code. Department of Building Not Applicable and Safety 3.3 Air Quality j SC 3.3-1 The following measures should be implemented during demolition and construction activities, consistent with South Coast Air Quality Management District Rule 403 in order to reduce PM40 City of Diamond Bar and PM2.5 emissions: Department of Community Not Applicable -Water exposed surfaces frequently (as necessary) to prevent fugitive dust iand Development - Cover all stockpiles of soil/fill with tarps i Services - Cover loads of soil/fill on trucks hauling dirt MM 3.3-1 The following measures should be implemented to reduce equipment emissions .and limit exposure to diesel Implementation of Construction and demolition activities particulate emissions: City of Diamond Bar this mitigation have the potential to significantly - All diesel trucks should be fitted with particulate filters: or Department of Community measure would impact sensitive receptors, including traps I and Development reduce impacts to adjacent single-family homes. - All construction workers should be advised to wear Services less than significant. masks when working near diesel equipment or diesel trucks 3.5 Cultural Resources MM 3.5-1 If during grading archaeological resources are City of Diamond Bar Implementation of Grading activities on the site have the encountered, construction activities in the area of the find must be Department of Community this mitigation potential to impact archaeological immediately suspended the resource must be left in place until a and Development measure would resources. qualified archaeologist can examine it and determine appropriate Services reduce impacts to mitigation measures. less than significant. MM 3.5-2 If during grading human remains are encountered, construction activities in the area of the find mustbe City of Diamond Bar Implementation of Grading activities on the site have the immediately halted and the Los Angeles County coroner must;be Department of Community this mitigation potential to impact paleontological notified within 24 hours of the discovery, in accordance with PRC and Development measure would resources. 5097.94. If the coroner determines that the remains are not recent, Services reduce impacts to the coroner will notify the Native American Heritage Commissionfor less than significant. consultation. �-CGeology and Soils 3.6-1 All structures shall conform to the City of Diamond Bar's Building Code, which incorporates UBC City of Diamond Bar Not Applicable C:Mocuments and SettingslsteltamlLocat SettingslTemporary Internet FIIes10LK6CAADraft Executive Summary ES -1 Country Hills Towne Center Screencheck Mitigated Negative Declaration MITIGATION TABLE (Continued) LEVEL OF IMPACT MITIGATION RESPONSIBLE ENTITY SIGNIFICANCE and the California Building Code requirements. Department of Building nnri gnfPty "3.7 Hazards and Hazardous Materials SC 3.7-1 If hazardous materials are present in construction debris, then any and all. hazardous waste by a licensed hazardous waste hauler, who must be City of Diamond Bar Department of Building Not Applicable materials shall be transported off-site properly in compliance with the Department of Transportation regulations under Title 49 CFR 171-179 and and Safety under 40 CFR 263 Subtitle C of RCRA . SC 3.7-1 If hazardous materials are present in construction debris, then any and all hazardous waste City of Diamond Bar materials shall be transported off-site by a properly licensed hazardous waste hauler, who must be Transportation regulations under Title 49 CFR 171-179 and Department of Building Not Applicable Safety in compliance with the Department of and . under 40 CFR 263 Subtitle C of RCRA . MM 3.7-1 Prior to commencement of demolition, a complete Implementation of p asbestos and lead paint survey shall be conducted on structures to demolished at Country Hills Towne Center if they have the City of Diamond Bar this mitigation The potential for exposure to lead be and/or asbestos from demolition potential to contain asbestos or lead paint. If asbestos or lead paint are present, they will be handled by a trained and licensed measure would Department of Building educe impacts to and Safety activities would be significant. materials asbestos or lead paint abatement contractor and disposed of in less than significant compliance with all applicable regulations. 3.8 Hydrology and Water Quality SC 3.8-1 Prior to the issuance of a grading permit for construction of the proposed project, the project the NPDES General Storm Water Permit for Storm Water applicant shall obtain coverage under Discharges Associated with Construction Activities (Water Quality Order 99-08-DWQ). The project City of Diamond Bar applicant shall file a Notice of Intent, prepare a SWPPP, and submit the appropriate fees to the Water Quality in order to obtain coverage for Department of Building Not Applicable State Water Resources Control Board, Division of construction activities. Pursuant to the permit requirements, the project applicant shall minimize and Safety construction related pollutants in the site runoff through the implementation of Best Management 3.9 Land Use SC 3.9-1 . In accordance with Chapter 22 of the City of Diamond Bar Municipal Code, the applicable City of Diamond Bar reviewing agency within the City of Diamond Bar will review the project's application for Department of Not Applicable Zone Change 2004-01, Conditional Use Permit 2004-01, Development Review 2004-19, and Community and Variance 2004-02 and ensure that the project is in compliance with all applicable City of Development Services Diamond Bar plans, policies, and regulations. 3.11 Noise City of Diamond Bar SC 3.11-1 The construction contractor shall abide by all requirements of the City Code related to noise, as Department of Building Not Applicable specified in DBCC Chapter 8.12. and Safe Noise from construction activities could MM 3.11-1 The Ci shall restrict demolition and construction Ci of Diamond Bar Implementation of CADocuments and Settingslstailam4Local SettingsUemporary Internet FilestOLK6=13raft MND-strikeout-092205.docR4PAS1Rreie6t--*,9gARWC44WN91BraM,4NO-094305,des Es -2 Executive Summary Country Hills Towne Center Screencheck Mitigated Negative Declaration MITIGATION TABLE (Continued) 1 IMPACT MITIGATION RESPONSIBLE ENTITY LEVEL OF SIGNIFICANCE be significant for nearby sensitive operations to within the hours of 7:30 a.m. to 5:30 p.m. Monday Department of Building this mitigation receptors. through Friday. No construction activities shall take place outsideIof and Safety measure would these hours or on the weekends or holidays, unless emergency reduce impacts to measures are required. j less than significant 3.15 Transportation/Traffic l In this the Year 2016 projections, the impact on the intersection of Diamond i MM 3.15-1 Prior to the completion of construction activities, Implementation of Bar Boulevard at Cold Springs Lane the southbound approach on Diamond Bar Boulevard at the City of Diamond Bar this mitigation during the PM peak hour would be a intersection with Cold Springs Lane shall be re -striped to provide a Department of Public measure would significant, as the ICU increases from third through lane. Works reduce impacts to 0.938 to 0.960 as a result of this (� less than significant project. MM 3.15-2 Prior to the final certificate of occupancy issued Implementation of Development of the project would by the City of Diamond Bar, the project shall assist the funding;of road improvements needed to alleviate cumulative impacts to traffic. City of Diamond Bar this mitigation contribute to cumulative traffic impacts A contribution of $79,593.79 represents the project's share of fhe Department of Public measure would at various intersections. costs based on its relative contribution to worsening traffic Works reduce impacts to conditions. less than significant 3.16 Utilities and Service Systems SC 3.16-1 The project contractor must pay a connection fee to the County Sanitation Districts of Los Angeles County. Although the project site is already connected to the wastewater system, the connection City of Diamond Bar fee is required for projects that increase the improvement square footage of a commercial parcel Department of Building Not Applicable by more than 25 percent. This connection fee is required to construct incremental expansionsito and Safety the sewerage system. C:Wacuments and SetttngslstellamlLocal SettingslTemporary Internet FllestOLK6CA113raft MND-strikeout•092205.docF:ARA&P-FGjeMstDBARWot6kR=U)raR.tAN9.994305:dee E,9-3 Executive Summary Nancy Fong From: Michael McCarthy [Michael.McCarthy@mccinv.com] Sent: Monday, March 13, 2006 10:43 AM To: Nancy Fong Subject: Modification of the CUP Nancy, kindly let me if this works with you. Is so, then let's work to calendar the event. MCC Realty Management would like to suggest that the City Diamond Bar consider modifying the lding Conditional Use Permit to professionalallow MCC Realty to be issued a office building, so long as1MCC Rea tyf aures the following use e 2 story mixe- building and the 3 story ® Hmart (anchor tenant) submits its interior plans to the City of Diamond Bar for plan check purposes. This action should appropriately satisfy the City of Diamond Bar that the anchor tenant plans to open its business. At that juncture, MCC can then commence construction on the mixed-use building and e Country Hills Town Center in a timely professional office building; MCC can then complete th manner. Otherwise the construction activity could spread over a 3 to 4 year period. Additionally, a handful of existing tenants have expressed an interest in relocating to the new buildings. In some cases, we have committed the existing tenant's space to another retailer and would need to complete the new building in a timely manner in order effectuate the existing tenant's relocation. Project Meetings Schedule CITY OF DIAMOND BAR March 28, 2006 COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT PENDING PROJECTS (Continued) HOU/MILES FOLSOM DR 2005-41 LKS 2600 BROKEN FEATHER APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Addition/Remodel - over 50%) MCUP 2005--16 WAITING FOR ADDITIONAL INFORMATION MV 2005-12 JCC - SOUTHPOINTE EIR 2005-01 NF LARKSTONE DR. EIR IN'PROCESS 102 Single Family Residences KAISER MEDICAL DR 2005-32 AJL 1336 BRIDGE�GATE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — Medical Offices WAITING FOR ADDITIONAL INFORMATION KUNJORO, EKO DR 2005-35 LKS 2887 SHADOW CANYON I APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Single Family Residence) TP 2005-09 WAITING FOR ADDITIONAL INFORMATION. NEW PLANS TO BE SUBMITTED BY DEVELOPER LAMPS PLUS DR 2005-34 AJL 20405 WALNUT APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — arehouse/Retail Building WAITING FOR ADDITIONAL INFORMATION LARIVE, BOB DR 2005-31/ LDM/ 2505 RAZZAK PROCESSING New Single Family Residence MCUP 2006-03 AJL i LIANG HUO YOU DR 2005-22 AJU 3131 STEEPLECHASE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - (2 -Story Single Family Residence) TP 2005-07 LDM WAITING FOR ADDITIONAL INFORMATION. NEW PLANS TO BE SUBMITTED BY DEVELOPER NORTHMINSTER PRESBYTERIAN CUP 2005-06 AJL 400 RANCHERIA APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - CHURCH DR 2005-33 NEW PLANS TO BE SUBMITTED BY DEVELOPER. Remodel and Addition OMAR, AKBAR TTM 06166 AJL CLEAR CREEK APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (5 -lot Single Family Residential) TM 2005-02 CYN/MONUMENT CYN WAITING FOR ADDITIONAL INFORMATION. NEW PLANS TO BE SUBMITTED BY DEVELOPER. ROYAL STREET COM. DR 2006-10 LDM/ 2755 PROSPECTORS PROCESSING Cell Site AJL S&W DEVELOPMENT DR 2005-30 AJU 3145 STEEPLECHASE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (New -Single Family Residence LDM I WAITING FOR ADDITIONAL INFORMATION SALIMNIA, MOHAMAD DR 2004-33 LKS 21324 PATHFINDER APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — Gas Station Remodel WAITING FOR ADDITIONAL INFORMATION SHELL ZC 2005-02 AJL 206 DIAMOND BAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — (Remodel and addition which CUP 2005-07 WAITING FOR ADDITIONAL INFORMATION includes car wash) DR 2005-36 SR 2005-32 SINGH, DANIEL VTTM 54081 AJL TERMINUS AT CROOKED APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — 19 Lot: Residential/Subdivision CREEK WAITING FOR ADDITIONAL INFORMATION Project Meetings Schedule rol FivA G A V r'r)RARAI lr\IITV P. np\/i=i 0PMl=NT.qI=RVIC-.F:S DEPARTMENT Ividl u I /-Q, 4uvu `0 PENDING PROJECTS 12 ff -UT-1 �Q�i- F" tot .......... (Continued) ,, T -MOBILE DR 2005-38 LKS 2707 DIAMOND BAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — Wireless Telecom Facility) MV 2005-11 WAITING FOR ADDITIONAL INFORMATION XLART GROUP DR 2005-21 LKS 2695 SHADY RIDGE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION YEH, CHIEN DR 2006-02 LDM/ 23655 FALCONS VIEW PROCESSING (Demolish and build new Single A41 - Family Residence) I A I- 11WALSIA 01 F-11 ivi Eel Z I DW -11 NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On March 28, 2006, 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 March 23, 2006, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on March 28, 2006, was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Center 1600 Grand Avenue Diamond Bar, CA 91765 Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on March 23, 2006, at Diamond Bar, California. Stella Marquez Community Developmed 'Department gA\affldavi tpos fing.doc RE: Conditional Use Permit No. Dear Ms. Fong, MCC Realty Management ("MCC") would like to suggest that the City Diamond Bar consider modifying the Conditional Use Permit to allow the applicant to pull a building permit for the 2 story mixed-use building ("Mixed -Use") and the 3 story professional office building ("Professional Office Building"), so long as Hmart (anchor tenant) submits its interior plans to the City of Diamond Bar for plan check purposes. Once Hmart submits its interior plans, then the City of Diamond Bar can be assured that the anchor tenant is effectuating its business plan. By enabling MCC to pull a building permit early, MCC can then complete the Country Hills Town Center within the next 12 to 24 months. Otherwise the construction activity could spread over a 3 to 4 year period. Additionally, a handful of existing tenants have expressed interest in relocating to the new buildings. In some cases, we have committed the existing tenant's space to another retailer and would need to complete the new building in a timely manner in order effectuate the existing tenant's relocation. The following summarizes certain key dates of MCC's proposed schedule: Development Component Market: Site Work: Pad Building: Storefront and Arcade: Two Story: Three Story: Commencement of Construction 5.19.06 6.19.06 6.21.06 6.23.06 7.10.06 9.04.06 Enclosed is a copy of the construction schedule which should illustrate certain critical paths in greater detail. MCC is excited about the prospect of completing the construction portion of the redevelopment within the next 12 to 24 months. Respectfully yours, CC REAMY INVESTMENTS Will Mic i y CC'.. Sandra Campbell Senior Contract Planner City of Diamond Bar 9595 Wilshire Blvd., Suite 214 Beverly Mills. CA 90212 (310) 228-3060 (310) 228-3059 Fax MCC REALTY r MANAGEMENT March 22, 2006^ City of Diamond Bar Planning Department Jr_, Attn: Nancy Fong 21825 Copley Drive Diamond Bar, CA 91765 RE: Conditional Use Permit No. Dear Ms. Fong, MCC Realty Management ("MCC") would like to suggest that the City Diamond Bar consider modifying the Conditional Use Permit to allow the applicant to pull a building permit for the 2 story mixed-use building ("Mixed -Use") and the 3 story professional office building ("Professional Office Building"), so long as Hmart (anchor tenant) submits its interior plans to the City of Diamond Bar for plan check purposes. Once Hmart submits its interior plans, then the City of Diamond Bar can be assured that the anchor tenant is effectuating its business plan. By enabling MCC to pull a building permit early, MCC can then complete the Country Hills Town Center within the next 12 to 24 months. Otherwise the construction activity could spread over a 3 to 4 year period. Additionally, a handful of existing tenants have expressed interest in relocating to the new buildings. In some cases, we have committed the existing tenant's space to another retailer and would need to complete the new building in a timely manner in order effectuate the existing tenant's relocation. The following summarizes certain key dates of MCC's proposed schedule: Development Component Market: Site Work: Pad Building: Storefront and Arcade: Two Story: Three Story: Commencement of Construction 5.19.06 6.19.06 6.21.06 6.23.06 7.10.06 9.04.06 Enclosed is a copy of the construction schedule which should illustrate certain critical paths in greater detail. MCC is excited about the prospect of completing the construction portion of the redevelopment within the next 12 to 24 months. Respectfully yours, CC REAMY INVESTMENTS Will Mic i y CC'.. Sandra Campbell Senior Contract Planner City of Diamond Bar 9595 Wilshire Blvd., Suite 214 Beverly Mills. 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ME LOOZ Ppdv LOOZ A,—q.j Looz M--r, 90021-q—.0; 90021—g-- 90OZ,.q.po, 90OZ,.q..Id.S: 1pl Page of Nancy Fong | From: wait.mitchell@Iewisop.com Sent: Tueeday, March 28.20OO4:28PN1 To: Nancy Fong Cc:' karoenn.o| .00n);gary.bauer@oom;dou ileraeeocateo.00m' ----,—==___—=_--.~~. Subject: Map ' °= v�m+ws��v9U� ?ol z!ibo* Please accept this email as Target's request for an continuance for the Tentative Parcel Map # 061702, on tonight's Planning Commission agenda item #7.3 until April 11th. This time will allow all parties to resolve the conditions ofapproval for the resolution. Nancy, thank you for your cooperation onour request. Walt Mitchell Vice President Retail Project Development Lewis Retail Centers (909) 946-7562 (S0Q)57S-1212fax 3/28/7006 File rqviewed by on'D and is ready for scanning