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Home My WebLink About04/11/2006PLANNING FILE Copy April 11, 2006 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 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 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation (s) in order to communicate at a City public meeting must inform the Department of Community & Development Services at (909) 839-7030 a minimum of 72 hours. prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond,Bar Planning Commission TIEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take,place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business -of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info(a-),ci.diamond-bar.ca.us Tuesday, April 11, 2006 UTEWM CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: Next Resolution No. 2006-14 1. ROLL CALL: COMMISSIONERS: Chairman Joe McManus, Vice Chairman Steve Nelson, Ron Everett, Kwang HD Lee, 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 28, 2006. 5. OLD BUSINESS: None 6. NEW BUSINESS: 6.1 Government Code Section 65402 - Resolution of the Planning Commission finding that the sale of surplus property is in conformance with the General Plan (GC §65402.) 7. CONTINUED PUBLIC HEARING(S): 7.1 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. The project is consistent with and an implementation of the Diamond Bar Village Specific Plan. (Continued from March 28, 2006) PAGE 2 PLANNING COMMISSION! Project Address: West of Grand Avenue and South of Golden Springs Road Property Owner: Target Corporation 1000 Nicollet Mail Minneapolis, MN 55403 Applicant: Pfeiler & Associates Engineers, Inc. 660 K Diamond Bar Blvd. Diamond Bar, CA 91765 Environmental -Determination: --On June --29-2004; the -City -Council -approved- -- and 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. 7.2 Conditional Use Permit 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 only include a jazz band, guitarist and pianist on a small stage 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(0) of the Conditional Use Permit requires that the City periodically review the operation to assure compliance with conditions of approval and to consider whether to modify, add conditions as necessary, or revoke the permit. (Continued from March 14, 2006) Project Under Scribbles, 245 Gentle Springs Lane Review: Property Owner: Mr. P.N. Patel, Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91765 Applicant: Mr. Raj Astavakra 6226 N. Calera Avenue Azusa, CA 91702 APRIL 11, 2006 91 D] iw PAGE 3 PLANNING COMMISSION MUNICIPAL CODE AUTHORITY: Municipal Code Section 22.76.020 authorizes the City to schedule a public hearing before the Planning Commission to consider modification or revocation of a Conditional Use Permit. Recommendation: Staff recommends that the Planning Commission direct staff. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects_ SCHEDULE OF FUTURE EVENTS: PUBLIC WORKS COMMISSION MEETING: EASTER EGG HUNT: CITY COUNCIL MEETING: PUBLIC SCOPING MEETING: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Thursday, April 13, 2006 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive Saturday, April 15, 2006 — 10:00 a.m. Pantera Park, 738 Pantera Drive Tuesday, April 18, 2006 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Design Planning of Lemon Avenue on-off ramp — Thursday, April 20, 2006 6:30 p.m. — 8:30 p.m. SCAQMD/Goverhment Room CC -6, 21865 Copley Drive Tuesday, - April 25, 2006 — 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, April 27, 2006 SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 28, 2006 Chairman 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: Vice Chairman Nelson led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Ron Everett, Kwang Ho Lee, Chairman Joe McManus, Vice Chairman Steve Nelson and Tony Torng. Also present: Nancy Fong, Interim Community Development Director; Sandra Campbell, Contract Senior Planner; David Alvarez, Planning Intern; and Stella Marquez, Senior Administrative Assistant; and Gregg Kovacevich, Assistant City Attorney. 4. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 5. APPROVAL OF AGENDA: Chair/McManus announced that Agenda Item 7.3 would be continued to April 11, 2006. ' 6. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of March 14, 2006. C/Evereft moved, C/Lee seconded, to approve the minutes of March 14, 2006 as corrected. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Everett, Lee, Torng, VC/Nelson, Chair/McManus None None MARCH 28, 2006 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARINGS: 7.1 Development Review No. 2006-08 — In accordance with Chapter 22.48, this was 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) Diamond Bar, CA 91765 PROPERTY OWNER/ Albert Luong, APPLICANT: 409 El Encino Drive Diamond Bar, CA 91765 ICDD/Fong presented staffs report and recommended Planning Commission approval of Development Review No. 2006-08, Findings of Fact, and conditions of approval as listed within the resolution. Albert Luong thanked staff for their assistance in preparing for the remodel and asked for Commission approval. C/Evereft asked if Mr. Luong understood the condition regarding the driveway and whether it was acceptable to him and Mr. Luong responded that it would be no problem because he intended to enlarge the driveway. C/To,mg said he liked the plan and thanked the applicant for submitting his proposal. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus declared the public hearing closed. C/Torng moved, C/Lee seconded to approve Development Review No. 2006-08, Findings of Fact, and conditions of approval as listed within the resolution. MARCH 28, 2006 7, v PAGE 3 PLANNING COMMISSION AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Torng, Lee, Everett, VC/Nelson, Chair/McManus None None 7.2 Development Review 2006-07 and Minor Conditional Use Permit No. 2006-03 — In accordance with Chapter 22.48 this was a request 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 (Lot 9, Tract 25990) Diamond Bar, CA 91765 PROPERTY OWNER: Steven and Luzmaria Babbitt 2605 Rising Star Drive Diamond Bar, CA 91765 APPLICANT: Landmarks Design Charles Krausman 515 W. Commonwealth Avenue, Suite 211 Fullerton, CA 92832 PI/Alvarez presented staffs report and recommended Planning Commission approval of Development Review 2006-07 and Minor Conditional Use Permit 2006-03, Findings of Fact, and conditions of approval as listed within the resolution. PI/Alvarez responded to C/Evereft that the applicant would remain in the dwelling and would install the proper safety fencing during the construction period. PI/Alvarez confirmed to VC/Nelson that the existing and proposed side yard setbacks were five and seven feet; that he believed the house was built in the 1950's and that the public hearing was properly noticed with no responses from the neighbors including the neighbor immediately adjacent to the property. Chair/McManus opened the public hearing. MARCH 28, 2006 PAGE 4 PLANNING COMMISSION With no one present who wished to speak on this item, Chair/McManus closed the public hearing. VC/Nelson said he agreed that it would be good to accommodate a family that wished to remain in Diamond Bar and in this instance his biggest concern would have been whether the neighbor was concerned about the setback variance. VC/Nelson moved, C/Lee seconded to approve Development Review No. 2006-07 and Minor Conditional Use Permit 2006-03, Findings of Fact, and conditions of approval as listed within the resolution. AYES: COMMISSIONERS: VC/Nelson, Lee, Everett, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Tentative Parcel Map No. 061702 — In accordance with Chapter 21 of the City of Diamond Bar Development Code, the applicant requested the following approval: Tentative Parcel Map No. 061702 to subdivide one lot into three parcels. The project is consistent with an implementation of the Diamond Bar Village Specific Plan. PROJECT ADDRESS I Z! 00] N z 12 VA leffifiill►I: a West of Grand Avenue and South of Golden Springs Road Diamond Bar, CA 91765 Target Corporation 1000 Nicollet Mall Minneapolis, MN 55403 APPLICANT: Pfeiler & Associates Engineers, Inc. 660 N. Diamond Bar Blvd Diamond Bar, CA 91765 ICDD/Fong reported that the applicant requested a continuance to April 11, 2006. Staff recommended that the Planning Commission open the public hearing, receive testimony and continue Tentative Parcel Map No. 061702 to April 11, 2006. Chair/McManus opened the public hearing. MARCH 28, 2006 PAGE 5 PLANNING COMMISSION With no one present who wished to speak on this matter, Chair/McManus continued the public hearing to April 11, 2006. C/Torng said he wanted more information about the project and ICDD/Fong responded that the development standards were established through the Specific Plan. She said staff would provide information about the percentage of landscaping being provided and further stated that the applicant met and exceeded the parking requirements. The City is doing the traffic mitigation and it would not be appropriate to revisit these issues at this time. With respect to "art," it was an item that the applicant had an issue — requiring an art object after the fact. In addition, when the applicant is available for the April 11 public hearing C/Torng would have an opportunity to ask the applicant his questions. ICDD/Fong said she would make an artists rendering of the new store available to C/Torng for his information. VC/Nelson said he was concerned about the parking on each of the individual lots and whether or not those were standalone. He wanted to avoid any possibility of these lots being separated at a future date with the parcels being separated, the reciprocal agreement becoming non-existent and ending up with uses that would not provide for adequate parking as in the case of the bank building location at the corner of Diamond Bar Boulevard and Grand Avenue. Additionally, he wanted to understand why Target maintains a corridor out to Golden Springs and why the subdivision was not set up to grant one parcel for Target with parking in front of the store and the other two parcels set up to share the remaining parking between the two parcels. 7.4 Conditional Use Permit 2004-01, Development Review 2004-19 and Variance 2004-02 — In accordance with Chapter 22 of the City of Diamond Bar Development Code, the applicant requested the following approval: a modification to the conditions of approval of City Council Resolution No. 2006-60 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 Ln. and southwest corner of Fountain Springs Rd. (Country Hills Towne Center) MARCH 28, 2006 PAGE 6 PLANNING COMMISSION PROPERTY OWNER/ MCC Realty Management APPLICANT: 9595 Wilshire Blvd, Suite 214 Beverly Hills, CA 90212 CSP/Campbell presented staffs report and recommended Planning Commission adoption of a resolution recommending City Council approval of the modification to Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02. ----- --- C/Lee said that this was a_ complicated Jge, th ss atthe re were too many items - —___ -— to consider this evening and that he would like to observe the content of the modification. He asked CSP/Campbell to explain in greater detail what the applicant wanted to do. CSP/Campbell provided the Commission with the applicant's timeline. ICDD/Fong explained that the applicant was seeking a change for only one condition and the rest of the conditions of approval would remain. CSP/Campbell said that the applicant would not be able to pull the permits for the three-story building until the market was occupied and in operation. The applicant is projecting three to four years. C/Torng said he received the letter today and wondered if the schedule was muddled. ICDD/Fong said this was a schedule she asked Mr. McCarthy to produce for the Commission to demonstrate his commitment to completing the project. The consideration at the time of the original condition of approval was that the applicant did not have a market, tenant so staff placed a condition guaranteeing that the applicant would be able to build the three- story building once he had a market tenant in place. At this point the applicant has a market tenant and that milestone has been achieved. The applicant is saying that now that he has the market he needs- a little more flexibility to move tenants around in order to complete the renovation for the entire building. As a compromise he is requesting a second -story to allow tenants to move into while he is refurbishing their current occupied areas. C/Evereft wondered if Item 4 on page 7 should be Item 5. ICDD/Fong responded that Section 4 is Section 4 of the resolution. The Council condition is 5.A.(3). C/Evereft asked if parts of this paragraph should be included within staffs recommendation motion and ICDD/Fong responded that the action was for the Commission to recommend approval of the proposed revision to Council Condition 5.A.(3) and that Condition 3 would be stricken. ICDD/Fong stated that the motion would be to recommend approval MARCH 28, 2006 D DRAFT PAGE 7 PLANNING COMMISSION of the modifications of the condition to the Conditional Use Permit No. 5.A.(3) as recommended in the attached resolution. ACA/Kovacevich clarified that the motion would be to adopt a resolution recommending that the City Council approve a modification to Conditional Use Permit No. 2004-01 amending condition 5.A.(3) of the resolution in a manner set forth in the resolution provided by staff on page 7, Section 4.A.(3) of the resolution. Mike McCarthy gave a slide presentation of the proposed project. He explained that in order to keep the construction on a tight schedule it inconvenienced the current tenants who had to be relocated until their current space was refurbished or until new space was constructed to accommodate them. He further explained that his intent for requesting a modification to the Conditional Use Permit was to keep the project rolling while attempting to mitigate the apprehensions of the current tenants. C/Lee said he was concerned about the safety of shoppers during construction. Mr. McCarthy agreed and said there would be a lot of new covered pathways and signage during construction. Mr. McCarthy agreed with Chair/McManus that the area would be as safe as possible and that the idea was to move forward as quickly as possible so that for example, the framer would work continuously until his job was finished so that he would not have to return to the job site again and again as if it were being done piecemeal. The objective was to keep the subs on the jobsite until they finished so that the next subs could come in and finish their portion. C/Lee asked if Mr. McCarthy had a specific plan and whether the plan was ready now. Mr. McCarthy responded no but that it would be part of pulling a building permit and working with the Planning Department in devising a mutually acceptable plan. Chair/McManus said that at that point it was up to staff to monitor the applicant. ICDD/Fong agreed and said that as part of the plan check process staff would ask the applicant for a phasing construction plan that would provide a diagram of where construction would take place and how the'parking and traffic flow would safely operate. In addition, the fire department and the building department would study the diagram to ensure safety during construction. C/Lee said he learned one thing from the Planners Institute. They said that Planning Commissioners have a right to ask questions about safety issues MARCH 28, 2006 PAGE 8 PLANNING COMMISSION and he believed the Commissioners needed to check those things too in addition to the Planning Department and the Building Department. He felt there would be a danger during construction and if he cannot see the plan how can he decide how to vote? So, his suggestion is that the applicant should submit a complete and specific plan for the safety of the shoppers so that he can then logically understand the overlap of the construction and the businesses. Otherwise, it is very difficult for him to understand. Chair/McManus said that if there were concerns during the construction phase the Commission could direct those concerns to staff. ICDD/Fong said it was staff s jQb,to review the construction phasing plans. C/Lee said that at the same time it was the Commissioner's right also. He said he learned that from the Planners Institute. ICDD/Fong explained that the Planning Commission gives direction to staff and staff implements the plan. If the Commission starts reviewing all plans then it is micro -managing the construction and overriding staffs function. The Commission's role is to tell staff that it is concerned about the safety of individuals visiting the center during construction and for the Commission to direct staff to require that the applicant submit a phasing construction plan with details providing for adequate safety measures during construction. VC/Nelson asked Mr. McCarthy what kind of leases the existing tenants had, or did not have that would allow him to lease space they are currently occupying. Mr. McCarthy responded that tenants have either long-term or short-term/month-to-month leases. If the tenant has a short term or month- to-month Mr. McCarthy can lease their existing space. Currently there are four long-term leases for the entire project: H -Mart, Rite-Aid, Radio Shack and Baskin-Robbins. VC/Nelson found it difficult to believe that until recently. Mr. McCarthy did not know that most of the tenants wanted to stay at the center when it was improved. Mr. McCarthy said he felt it was more of an oversight because shortly after he settled into planning and scheduling he was stuck with a couple of conundrums of existing tenants, their wanting to stay and what to do with them and how it should be done. And that is why he is here today. VC/Nelson asked if Mr. McCarthy was okay with staffs proposed modifications and Mr. McCarthy responded that he was. C/Torng asked if the original project was proposed to be completed in about one or two years. He said he was concerned that it could take three or four years. Mr. McCarthy said he could not rememberwhether he had a particular schedule but the way the conditions read today the completion of the project was pretty much out of his hands because it depended on when H -Mart opened for business. It could be the end of 2006 or the end of 2007. C/Torng --'DRAFT 1E found confusion in the presentation that the market commencement date of March when later Mr. McCarthy said May. ICDID/Fong responded that the March date was for plan check and assuming plan check goes quickly Mr. McCarthy may get a permit in April and may commence construction in May. C/Torng said the document should indicate May. C/Torng asked if the schedule was based on approval of the revised Conditional Use Permit and Mr. McCarthy responded that it was. C/Torng asked if the tenants received a notice of this hearing and ICDD/Fong responded that they did not. C/Torng wondered if it was fair for the tenants not to be notified and ICDD/Fong responded that there was a sign posted at the site regarding the hearing. C/Torng said that he was hoping that with a motion to approve everything that Mr. McCarthy was working to help the existing tenants. Mr. McCarthy said that some of the tenants were not happy with the lease rate he was seeking and in a couple of instances the tenants planned to move. Some of the other tenants were okay with the lease rate because they liked the new development and they liked having a large Asian grocery store as their anchor. On the other hand, there are many proposals from people who wish to come into the center and provide the same uses as the existing tenants and in some cases within the same space. As a developer he is trying to work through all of those scenarios. At this point, there are no signed leases except for the four existing leases in the center. If a tenant wants to stay and have a good business he would like to have them stay. C/Torng said he hoped Mr. McCarthy could keep the existing tenants at the existing rate because he was told the new rates were twice the old rate. Chair/McManus said the Commission was wandering into an area that was outside of its venue because, however Mr. McCarthy wanted to run his business was his business. C/Torng asked if the theater area was going to be an arcade and Mr. McCarthy explained that "arcade" was an architectural term that related to the colonnade area, overhang and shop space. C/Everett asked for clarification of site areas. C/Everett said it would be helpful to him if Mr. McCarthy showed the date of proposed completion along with the change versus the original proposed completion dates. Currently, the completion was projected to be 2008-09. Mr. McCarthy said that he has little control over the dates because the old condition was based on the tenant opening for business and he does not have control of that situation and the hurdle for him is that MCC is unable to get an occupancy permit until H -Mart opens for business. He can build but cannot pull an occupancy permit. C/Everett said it appeared that there were no changes to the use as approved except for two and then only a change in timing. The important condition was (e) on page 3 in that granting this modification would improve MARCH 28, 2006 PAGE 10 PLANNING COMMISSION the operation of the existing business to allow them to relocate into the new two-story building for incubation purposes and granting the conditional use would not be detrimental to the public interest, health, safety and convenience or welfare. The only change other than ."timing" was in Condition (k) "is requested but will allow continued operation of existing on- site businesses with less disruption from the proposed construction" was to him a win-win situation and the goodness that the applicant was seeking that would provide a benefit to the community. He believed that everything else remained the same. He asked if he was correct in his assumptions and .....--l-CIDD/Fong. and Mr.-,M.cCarthy-confirmed.-C/Evere.ft's.. assumptions. - Mr. McCarthy responded to C/Lee that the construction schedule was tentative and flexible. Mr. McCarthy responded to C/Lee that the plan contemplates about 5,000 square feet of food court area with three to five owners. C/Lee said if the market got a permit the three to five food court owners should get a permit to move forward with construction. Mr. McCarthy explained that usually what happens is that the market gets its permit first and starts their build -out and prepares the food court area for construction. And then perhaps 60 to 90 days from opening the market the food user would probably pull the permit to build his smaller unit within the larger interior premises. C/Lee said that the food court owners could not get a Certificate of Occupancy because they were food -related and then the three to five food court owners should gettheir permit. C/Lee said that Mr. McCarthy said that the permit process takes four weeks and he felt that four weeks was an extremely short period of time for three to five food court owners. C/Lee said that Mr. McCarthy's timeline was not logical to him and it caused him to doubt Mr. McCarthy's credibility. He wanted a copy of Mr. McCarthy's application letter. Chair/McManus asked if it was common practice for the lessor to provide the basic tenant improvements with the lessee finishing his particular area. Mr. McCarthy responded that each case is different. However, in this case he is delivering a "warm shell" to the tenant with electrical and utilities stubbed in but not distributed. The tenant takes possession of the warm shell and builds it out with the applicant providing an allowance package for tenants to draw upon. Mr.. McCarthy responded to Chair/McManus that he was not certain whether the subtenant would do the TI or whether the master tenant would handle the TI for the smaller tenants. The schedule and all of the conditions are based on the market tenant (the master/major lessee) and does not apply to the smaller subtenants so the inconsistencies that C/Lee pointed out were not shown on the timeline because it was not tied to the applicant's MARCH 28, 2006 PAGE 11 PLANNING COMMISSION schedule. ICDD/Fong said that even the City has no control overthe tenant's timeline. If the project is under construction and the applicant continues to seek inspection the permit is valid. The schedule is flexible because there are a lot of unknown variables. In this case the applicant is making every best effort to move forward in a timely manner to get his shopping center renovated and to have the tenants occupy all of the spaces thereby assuring a viable and thriving shopping center for the residents of Diamond Bar. C/Lee said he understood the timeline was flexible and tentative but it should be logical. If there are multiple tenants they should go through the Conditional Use Permit process. ICDD/Fong responded that the tenant does not need to go through a Conditional Use Permit process. The applicant has an approved Conditional Use Permit to operate as a shopping center and that the market including the food court was already approved. C/Lee asked if based on staffs experience four weeks would be reasonable and. ICDD/Fong responded that the first plan check turnaround time is about three weeks. The tenant improvement plan that the market submits is for interior improvements and not exterior improvements; the plan check process for interior improvements was much less involved that plan check for exterior improvements. C/Lee felt that the applicant was presenting a best - case scenario and staff wanted the Commission to decide based on the best -case scenario but the Commission would like to see something a little more flexible and realistic so the Commission can make a logical decision. Mr. McCarthy said the estimate of four weeks was the time estimated for provide the warm shell. The time for completing tenants improvements has no bearing on this application because Mr. McCarthy has no control over that process even though he is concerned about the process. This request is for tearing down the existing space and rebuilding the 45000 square foot warm shell and it involves about three to fourweeks of initial plan check. The entire process may take six to eight weeks. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. , VC/Nelson asked how many of the tenants would be generating sales tax revenue to the City and Mr. McCarthy responded that the only exclusion to sales tax was food sales and services from the market; the rest of the retail would generate tax revenue. The market could generate $6-8 million dollars of taxable sales. Rite-Aid produces about $5 million in taxable sales and the MARCH 28, 2006 PAGE 12 . PLANNING COMMISSION majority of the other uses would generate taxable sales (45-50,000 square feet) at $300 per foot. VC/Nelson asked how that would compare with the Target project and CDD/Fong responded that a typical Target store generates about $500,000 in annual sales tax dollars and the Country Hills Towne Center project would generate somewhat less than the Target project. VC/Nelson said his point was that it was in the City's best interest to do everything possible to get this project on-line and get tenants in the center because it was not just good for the applicant and for the tenants that wished to stay in the center, it was also good for the City. ICDD/Fong agreed that the faster the -center was--o-ccupi-eA th-e-.faster-the-..sa.1-es.-tax--w-oul.d..come..back..to--.,-- the City. ICDD/Fong responded to VC/Nelson that indeed the City was losing Diamond Bar Honda and was seeking ways to replace the lost sales tax revenue. VC/Nelson moved, C/Everett seconded to approve the modification to Condition 5.A.(3) of City Council Resolution 2005-60, approving Conditional Use Permit No. 2004-01, Development Review 2004-19 and Variance No. 2004-01, per Condition 4.A(3) of the Draft Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS:' VC/Nelson, Everett, Lee, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee reported that last week he attended the Planners Institute in Monterey. He had a good time and the seminar was very helpful to him. He encouraged other Commissioners to attend next year. He expressed his thanks to SAA/Marquez for her assistance in arranging the rental car and hotel accommodations and he said he appreciated ICDD/Fong's scheduling of different seminars and choice of foods. He thanked C/Everett for imparting his long-term knowledge and wisdom. C/Torng said he visited Scribbles last Sunday (March 19) and the facility was closed. ICDD/Fong said as far as she knew the club was still open and may have been closed only for the evening. C/Torng said he was happy for the City to have the Country Hills Towne Center and Target projects but he hoped the center would take care of its existing tenants. He felt it was unfair that the property owner had raised the rents and he was surprised that no tenants had come before the IVA MARCH 28, 2006 PAGE 13 PLANNING COMMISSION Commission tonight to complain. Perhaps the Chamber of Commerce could assist in the negotiations between the tenants and the landlord. C/Everett said he has had a great month with the Planning Commission. He was privileged to attend the Planners Institute in Monterey last week and it was a "fire hose" of education for him on some very interesting concepts, terms and Commissioners' responsibilities and roles. He learned about Nimbus and Limbs and talked about the 20 most asked questions. Over 900 individuals attended the seminar and he believed the majority of the cities were represented. As a result, there was a very diverse set of issues and he was most interested in the subject of "walk able cities." Monterey is a fine example of such a city. He also learned about the laws and more specifically AB 1234 and he was surprised that he qualified for his certificate in Ethics and Formal Responsibility in conjunction with the Law. He encouraged the rest of the Commissioners to be sensitive to AB 1234 and perhaps staff could report about additional requirements. He applauded the Commission for their 5-0 vote at the February 14 meeting because Form Based codes is the talk of the state and its future. He also heard about "Art in Public Places" that also has great value even to the point of generating tax revenues. He said if asked he would vote strongly in favor of both concepts based upon what he learned at the conference. The final seminar speech would have been an interesting topic to all of the Commissioners because it dealt with "Making Change Happen Fast." He asked staff to help him and the other Commissioners locate the website that contained the conference information. He thanked his colleagues and asked that the Commission keep the action moving forward and he thanked Mr. McCarthy and the residential applicants for their interest in investing in Diamond Bar. ICDD/Fong responded to Chair/McManus that the conference material would be made available on-line this year rather than on CD and that staff would prepare copies of the material from the website for all of the Commissioners. VC/Nelson said he was pleased the Commission took favorable action on the Country Hills Towne Center item. He said he was empathetic to individual and small businesses and he believed that this Commission owed an obligation to the community and to the City as a whole and the Commission could notforgetthe sake of the whole for the sake of one. He also felt that the Commission needed to be careful as it deliberated on matters like this in the future to make certain that the Commission was not trying to step in and act as a referee in business that the Commission had no business being involved in - arrangements between lessors and lessees is not within the Commissions purview. If it involves a particular use or change in use, then it is within the Commissions purview. The Commission must be very careful and as Commissioners express their concerns to staff they should trust MARCH 28, 2006 PAGE 14 PLANNING COMMISSION staff to follow through. When he was previously a Planning Commissioner the City had a fabulous staff and he was certain that it had not changed. One of the important keys to success was to trust staff to do their job on issues of safety for example. He was not implying that the Commissioners should not voice their concerns and let staff know where it wanted staff to focus but the Commissioners had to be careful to keep its business focused. Chair/McManus congratulated C/Evereft on his achievement and tonight's report about his attendance at the conference. In the past public speakers have embarked on heated discussions about business pnqctiqes and he has been forced t - o stop them because the applicant has rights that go with the project. He said that it was good to have a fully engaged Commission. 9.1 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 8:40 p.m. Respectfully Submitted, Nancy Fong Interim Community Development Director Attest: Joe McManus, Chairman IQ ZTIA ki I oil] Ivi CommuNn,y & DEVELOPMENT SERVICES PLANNING DIVISION TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, Interim Community Development Director DATE: April 11, 2006 SUBJECT: A request to find the proposed sale of surplus City property to be in conformance with the General Plan (Government Code Section 65402). Staff recommends that the Planning Commission adopt Resolution No. 2006 -XX finding the proposed sale and disposal are in conformance with the General Plan. The City has expressed intent to sell a single parcel of surplus property located at 1325 +/- Summitridge Drive, Diamond Bar. Section 65402 of the Government Code requires the City to determine the property's conformity with the General Plan before the disposition of the property can take place. The subject property is a 1.27 -acre site located westerly of Summitridge Drive between the intersections of Brookwood Drive and Softwind Drive in the City of Diamond Bar. The property is also adjacent to the eastern end of a City -owned park. The property is a vacant, irregularly shaped lot with a level terrain that may slope downward at the extreme west and southwest portion. The site is currently zoned RPD -20,000-2U, which is a single-family residential zone with a minimum lot size of 20,000 square feet. The General Plan land use designation for the property is RL (low-density residential), which allows a density of up to three dwellings units per acre. DISCUSSION: Government Code Section 65402 requires that no real property shall be sold by a city until the location, purpose, and extent has been reported upon by the planning agency of the City as to conformity with the General Plan. The Planning Commission may Memo to Chairman and Members of the Planning Commission Page 2 April 11, 2006 approve or disapprove the proposed disposition of surplus property with respect to conformity with the General Plan. We have determined that it is the City's intent is to offer the sale of the land for the purpose of raising revenues. It is also the City's intent to offer the land for sale with the existing R-20000-21.1 and RL General Plan land use designation in place and no promise of changing the land use designation in the future to a more intense or different land use. Therefore, the City's proposal to sell the 1.27 - acre property located at 1325 +/- Summitridge Drive is consistent with the General Plan. It is recommended that the Planning Commission adopt the resolution finding that the proposed disposition of the City's property located at 1325 +/- Summitridge Drive is consistent with the General Plan. Attachments: 1. Draft Resolution No. 2006 -XX 2. Assessor's Map showing subject site 3. Government Code Section 65402 4. Excerpts from the General Plan 5. Aerial photograph of subject site 2 PLANNING COMMISSION RESOLUTION NO.2006-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THAT THE SALE AND DISPOSAL OF SURPLUS CITY OF DIAMOND BAR PROPERTY LOCATED ON THE WESTERLY SIDE OF SUMMITRIDGE DRIVE BETWEEN THE INTERSECTIONS OF BROOKWOOD DRIVE AND SOFTWIND DRIVE IN THE CITY OF DIAMOND BAR IS IN CONFORMANCE WITH THE GENERAL PLAN OF THE CITY OF DIAMOND BAR PURSANT TO GOVERNMENT CODE SECTION 65402. A. RECITALS (i) WHEREAS, the sale and disposal of approximately 1.27 gross acres located on the westerly side of Summitridge Drive between the intersections of Brookwood Drive and Softwind Drive is proposed by the City of Diamond Bar for the purpose of generating revenue to facilitate capital planning and construction programs. And; (ii) WHEREAS, the Planning Commission of the City of Diamond Bar has considered the matter of the sale and disposal of said real properties, the location and extent of which is shown on 1) Exhibit "A", attached hereto, and; (iii) WHEREAS, Section 65402 of the Government Code of the State of California requires that no real property shall be sold or disposed of until the location, purpose and extent has been reported upon by the planning agency of the city in which the land is located as to conformity with the General Plan, and; (iv) WHEREAS, the General Plan does not provide specific goals, objectives or strategies regarding the disposition of School District properties, and; (v) WHEREAS, the surplus properties are generally described herein as: ® Property located on the westerly side of Summitridge Drive between the intersections of Brookwood Drive and Softwind Drive; ® Vacant irregular shaped level site of 1.27 gross acres ® APN 8701-013-902; ® General Plan classification — RL (low-density residential); ® Zoning Designation — RPD -20,000-2U, and; (vi) WHEREAS, the City of Diamond Bar intents to sell the property with the existing RPD -20,000-2U and the existing General Plan land use designation of RL without promise of future changes to the zoning or General Plan land use designation. The purpose of the sale is to provide revenues to the City; and (vii) WHEREAS, the proposed sale of the surplus property is consistent with the current General Plan land use designations. B. RESOLUTION NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE: Section 1 The Planning Commission hereby finds that the sale and disposal of properties as 'shown on 1) Exhibit "A" attached hereto, as the "subject properties" is in conformance with the adopted General Plan of the City of Diamond Bar. Section 2 The Planning Commission hereby finds that the sale and disposition of the parcel is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15312 of the CEQA Guidelines. APPROVED AND ADOPTED THIS 11th DAY • APRIL 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. go Joe McManus, Chairman K I, Nancy Fong, Planning Commission Secretary, do hereby Resolution was duly introduced, passed, and adopted by the the City of Diamond Bar, at a regular meeting of the Planning 11th day of April 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary 3 certify that the foregoing Planning Commission of Commission held on the Sul 11 Er CD =r > cr) CD N En O CA Codes (gov:65400-65404) ZT-M-MMUM 65400. After the legislative body has adopted all or part of a general plan, the planning agency shall do both of the following: (a) Investigate and make recommendations to the legislative body regarding reasonable and practical means for implementing the general plan or element of the general plan, so that it will serve as an effective guide for orderly growth and development, preservation and conservation of open -space land and natural resources, and the efficient expenditure of public funds relating to the subjects addressed in the general plan. (b) Provide by April 1 of each year an annual report to the legislative body, the office of Planning and Research, and the Department of Housing and Community Development that includes all of the following: (1) The status of the plan and progress in its implementation. (2) The progress in meeting its share of regional housing needs determined pursuant to Section 65584 and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing pursuant to paragraph (3) of subdivision (c) of Section 65583. The housing element portion of the annual report, as required by this paragraph, shall be prepared through the use of forms and definitions adopted by the Department of Housing and Community Development pursuant to the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2). (3) The degree to which its approved general plan complies with the guidelines developed and adopted pursuant to Section 65040.2 and the date of the last revision to the general plan. (c) For the 2006 calendar year, the planning agency may provide the report required pursuant to subdivision (b) by October 1, 2006. 65401. If a general plan or part thereof has been adopted, within such time as may be fixed by the legislative body, each county or city officer, department, board, or commission, and each governmental body, commission, or board, including the governing body of any special district or school district, whose jurisdiction lies wholly or partially within the county or city, whose functions include recommending, prepAring plans for, or constructing, major public works, shall submit to the official agency, as designated by the respective county board of supervisors or city council, a list of the proposed public works recommended for planning, initiation or construction during the ensuing fiscal year. The official agency receiving the list of proposed public works shall list and classify all such recommendations and shall prepare a coordinated program of proposed public works for the ensuing fiscal year. Such coordinated program shall be submitted to the county or city planning agency for review and report to said official agency as to conformity with the adopted general plan or part thereof. Page 1 of 4 http://www.leginfo.ca.gov/cgi-binldisplaycode?sectioii=gov&groi-ip=65001-66000&file=65... 4/5/2006 CA Codes (gov:65400-65404) 65402. (a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of, no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof. The planning agency shall render its report as to conformity with said adopted general plan or part thereof within forty (40) days after the matter was submitted to it, or such longer period of time as may be designated by the legislative body. If the legislative body so provides, by ordinance or resolution, the provisions of this subdivision shall not apply to: (1) the disposition of the remainder of a larger parcel which was acquired and used in part for street purposes; (2) acquisitions, dispositions, or abandonments for street widening; or (3) alignment projects, provided such dispositions for street purposes, acquisitions, dispositions, or abandonments for street widening, or alignment projects are of a minor nature. (b) A county shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another county or within the corporate limits of a city, if such city or other county has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, and a city shall not acquire real property for any of the purposes specified in paragraph (a), nor dispose of any real property, nor construct or authorize a public building or structure, in another city or in unincorporated territory, if such other city or the county in which such unincorporated territory is situated has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan or part thereof. The provisions of this paragraph (b) shall not apply to acquisition or abandonment for street widening or alignment projects of a minor nature if the legislative body having the real property within its boundaries so provides by ordinance or resolution. (c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, in any county or city, if such county or city has adopted a general plan or part thereof and such general plan or part thereof is applicable thereto, until the location, purpose and extent of such acquisition, disposition, or such public building or structure have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof. Failure of the planning agency to report within forty (40) days after the matter has been submitted to it shall be conclusively deemed a finding that the proposed acquisition, disposition, or public building or structure is in conformity with said adopted general plan Page 2 of 4 htt-p://www.le,ginfo.ca.gov/cgi-binldisplaycode?section=gov&group=65001-66000&file=65... 4/5/2006 CA Codes (gov:65400-65404) or part thereof. If the planning agency disapproves the location, purpose or extent of such acquisition, disposition, or the public building or structure, the disapproval may be overruled by the local agency. Local agency as used in this paragraph (c) means an agency of the state for the local performance of governmental or proprietary functions within limited boundaries. Local agency does not include the state, or county, or a city. 65403. (a) Each special district, each unified, elementary, and high school district, and each agency created by a joint powers agreement pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of Title 1 that constructs or maintains public facilities essential to the growth and maintenance of an urban population may prepare a five-year capital improvement program. This section shall not preclude, limit, or govern any other method of capital improvement planning and shall not apply to any district or agency unless it specifically determines to implement this section. As used in this section, "public facilities" means any of the following: (1) Public buildings, including schools and related facilities. (2) Facilities for the storage, treatment, and distribution of nonagricultural water. (3) Facilities for the collection, treatment, reclamation, and disposal of sewage. (4) Facilities for the collection and disposal of storm waters and for flood control purposes. (5) Facilities for the generation of electricity and the distribution of gas and electricity. (6) Transportation and transit facilities, including, but not limited to, streets, roads, harbors, ports, airports, and related facilities. (7) Parks and recreation facilities. However-, this section shall not apply to a special district which constructs or maintains parks and recreation facilities if the annual operating budget of the district does not exceed one hundred thousand dollars ($100,000). (b) The five-year capital improvement program shall indicate the location, size, time of availability, means of financing, including a schedule for the repayment of bonded indebtedness, and estimates of operation costs for all proposed and related capital improvements. The five-year capital improvement program shall also indicate a schedule for maintenance and rehabilitation and an estimate of useful life of all existing and proposed capital improvements. (c) The capital improvement program shall be adopted by, and shall be annually reviewed and revised by, resolution of the governing body of the district or local agency. Annual revisions shall include an extension of the program for an additional year to update the five-year program. At least 60 days prior to its adoption or annual revision, as the case may be, the capital improvement program shall be referred to the planning agency of each affected city and county within which the district or agency operates, for review as to its consistency with the applicable general plan, any applicable specific plans, and all elements and parts of the plan. Failure of the planning agency to report its findings within 40 days after receipt of a capital improvement program or revision of the program shall be conclusively deemed to constitute a finding that the capital improvement program is consistent with the general plan. A district or local agency shall not carry out its capital Page 3 of 4 htt-p://www.leginfo-ca.gov/cgi-binldisplaycode?section=gov&groi,ip=65001-66000&file=65... 4/5/2006 CA Codes (gov:65400-65404) improvement program or any part of the program if the planning agency finds that the capital improvement program or a part of the capital improvement program is not consistent with the applicable general plan, any specific plans, and all elements and parts of the plan. A district or local agency may overrule the finding and carry out its capital improvement program. (d) Before adopting its capital improvement program, or annual revisions of the program, the governing body of each special district, each unified, elementary, and high school district, and each agency created by a joint powers agreement shall hold at least one public hearing. Notice of the time and place of the hearing shall be given pursuant to Section 65090. In addition, mailed notice shall be given to any city or county which may be significantly affected by the capital improvement program. 65404. (a) on or before January 1, 2005, the Governor shall develop processes to do all of the following: (1) Resolve conflicting requirements of two or more state agencies for a local plan, permit, or development project. (2) Resolve conflicts between state functional plans. (3) Resolve conflicts between state infrastructure projects. (4) Provide, to the extent permitted under federal law, for the availability of mediation between a branch of the United States Armed Forces, a local agency, and a project applicant, in circumstances where a conflict arises between a proposed land use within special use airspace beneath low-level flight paths, or within 1,000 feet of a military installation. (b) The process may be requested by a local agency, project applicant, or one or more state agencies. The mediation process identified in paragraph (4) of subdivision (a) may also be requested by a branch of the United States Armed Forces. Page 4 of 4 htt-p:llwww.leginfo.ca.gov/cgi-binldisplaycode?section=gov&group=65001-66000&flle=65... 4/5/2006 1111111�� i � � � � � � � � 11111 "ITIS THE OVERALL GOAL oFTHE L4ND:USE ELEMENT TO ENSURE THAT THE LAND USES AND DEVELOPMEWDECISIONS OFDL4MONV BAR MAINTAINANDEAWANCE THE QUALITY OF LIFE FOR ITS RESIDENTS. GOAL 1 "Consistent with the Vision Statemept,, maintain a mix of land uses which enhance the quality life o-ibia"mond "Bar residents, providing . a balance of development and preservation of significant open . space are -as to assure both economic viabdity.and retention of distinctive natural features of the community. Objective 1.1 Establish a land use classification system to guide the public,and private ase of.lan4:yithin the City and its Sphere of Influence.: Strategies: 1.1.1 laentif y residential lan.d.w categories; to -provide an appropriate range .9f.fhousing types for reskoential,development within the City. and its Sphere. of Influence. (a) The , max='uq!.,gross..dMity of Rural Residential , (RR) will be 1.0 dwelling . umt,Per. `-:gross . acre (1 du/ac) or less, depending upon the establishment of a slope density ordinance. (b) Designate existing d6veloped single family detached residential parcels as Low Density ein .yResid Opl.,(RL),oA the Land. Use Map, The-_ In f Density Residential parcels will. 340. dwelling units density o' s��hl-,ow. per. gross acre., (3.0. . dWaq),tor.existing dens ity�v whichever is gr E. Designate, existing, single, family, det#&O_subdivipions. aq; tow , Medium Residential (RL.M),pn-the Land Use Map—The -maximumdepsity of.Low Medium Residential areas will be 5.0 dwelling units per gross acre (5.0 du/ac), ortexisting.density, whichever is greater. (d) Designate existing planned townhome, condominium, apartment, mobile h.omp,-pnd.,pd.=p*tiple,,Wy.rrzidentiq-.,proper4ee-s as Medium Density Residential RIW on the Land Use Map. Maintain a maximum density of 12.0 dwelling units per gross acre (12 du/ac) within these areas. Designate qxisting,,and�,plaaned townhome, condominium,. apartment,, d (e), .partmppt an roperties 4 ksi4 al other multiple family residentialp.' ift -(RW on thq. ,Land Use Map. ;Maintain a maximum density,of 16.0 dwelling.units per gross sere. (1.6 du/ac),-widiLin these areas. Designate existing. gnd.proposed high. density condominium and apartment developments and other high density properties as High Density Residential..(RH) on the Land Use Map. Maintain.a maximum density of 20.0 dwelling units per, gross acre -(20 du/ac) within these areas. .......... G&Aeral Plan Lmd U&6 Element July 25, 1995 1-10 AGENDA REPORT 21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 — TEL, (909) 839-7030 — FAX (909) 861-3117 — www.CityofDiamondBar.com AGENDA ITEM NUMBER: 7.1 CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNERS: APPLICANT: STAFF RECOMENDATION: April 11,'2006 continued from March 28, 2006 April 3, 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. A. BACKGROUND:, 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. The Planning Commission public hearing on the parcel map was continued from March 28, 2006 to April 11, 2006 at the applicant's request. ANALYSIS: A. Site and Proiect Description: The Tentative Parcel Map proposes to subdivide Parcel I of Parcel Map 14819 into three smaller parcels. Parcel I will be an 11.98 -acre site for the 130,660 -square -foot Target store currently under construction. Parcel 3, a .69 -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. FA 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 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 and Target is currently constructing all of the parking lot improvements for the original 13.69 -acre site. The following table provides a breakdown of the required and proposed parking for the entire site and for the individual parcels. Parking for a potential 6000 - square -foot restaurant on Parcel 2 and a 5,000 -square -foot restaurant on Parcel 3 was calculated at the rate of one space per 100 square feet of floor area. Original site Proposed subdivision Required parking Parking provided Required parking Parking provided Parking spaces 561 spaces Parcel 1: 436 Parcel 1: 481 required: 507 Parcel 2: 60 Parcel 2: 60 spaces Parcel 3: 50 Parcel 3: 20 Target - 1/300 Total: 546 Total: 561 square feet Restaurant - 1/100 square feet 1/100 Retail — 1/250 square feet As proposed, the Parcel 3 is the only lot that would not have enough parking as a standalone site for a restaurant use. However, the number of parking spaces provided will exceed the minimum required for the center as a whole. Approval of the Tentative Parcel Map is conditioned on provision of reciprocal parking and access agreements between the three newly created lots. As part of the Tentative Parcel Map approval, the applicant will be required to form an association to support the CC&Rs that would cover maintenance of the parking lot landscaping and other common improvements. C. Landscaping* On April 26, 2005, the Planning Commission approved Development Review No. 2005-16 and Conditional Use Permit No. 2005-03 for K 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 requirement in the Development Code for 12% of the site to be landscaped. Development of the two pads must be consistent with the site plan approved for Target. In addition, the resolution contains a condition of approval that requires development of the pads on Lot,nos. 2 and 3 be landscaped in a style consistent with the existing landscaping. E. Environmental Review: On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports (EIRs) 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. Traffic Traffic impacts from the proposed Target project and the future restaurant use on the pads were also assessed in the approved Addendum to the previously approved Final EIRs and mitigation measures proposed. 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. F. Public Art In the original draft resolution, staff proposed that the approval of the Tentative Parcel Map be conditioned on the developer providing an outdoor art piece at the corner of Golden Springs Drive and Grand Avenue. The applicant requested that the project be continued from the original March 28, 2006 Planning Commission meeting to discuss the condition because the applicant was concerned about the additional cost of providing an art piece. In response to the applicant's request, staff removed the condition. NOTICE OF PUBLIC HEARING: 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 576 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. 0 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 Site Plan 5 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 576 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 and continued to April 11, 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 and April 11, 2006, including written and oral staff reports, this Commission hereby specifically finds as follows: (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 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 for development of 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 project 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 9 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 improvements associated with the project. No new environmental issues have been identified relating to public health orsafety 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. 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. M 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 29, 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: (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. Z (5) Future building pads (Lots 2 and 3) shall be subject to separate Development Review and/or Conditional Use Permit processes for Planning Commission approval. The two pads shall be seeded and surface irrigated for erosion control. (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 to enforce the CC&Rs. MENNIMMEM (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 Grand Avenue shall be granted prior to final map approval. (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. L. (5) Easements, satisfactory to the City Engineer and the utility companies, mpanies, 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. h (1) Applicant shall obtain all other department approvals (Fire, Health, Waste Management, etc.) (2) All unenclosed under -floor areas shall be constructed as exterior wall. E. EIRE (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) 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 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 Mall, Suite TPN -12F, Minneapolis, MN 55403 APPROVED AND ADOPTED THIS 14th DAY OF APRIL 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. FOWS 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 14th day of April 2006, by the following vote: AYES: Commissioner: NOES: Commissioner: ABSENT: Commissioner: ABSTAIN: Commissioner: ATTEST: Nancy Fong, Secretary 0 CT COMMUNITY DEVELOPMENT DEPARTMENT 0 bo' h ,A N U A OR' h 1 0 )"'to �; 1;t D I T I Ok NO S (DEVELOPMENT) PROJECT #: TPM 2006-01 SUBJECT: Tentative Parcel Map No. 061702 APPLICANT: Pfeiler & Associates Engineers, Inc. LOCATION: Southeast corner of Grand Avenue and Golden Springs Drive I• ZEN 1' 1 1 1�� 1 •1 P I 1 11 A, I:z;L9jIqlK• IN• 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 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. im 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 I 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. it C. 0 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. SITE DEVELOPMENT 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. 12 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 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 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 WORKS/ENGINEERING DEPARTMENT, (909) 839-7040, FOR • WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. A title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title 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 by the 13 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 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. 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. 1. All terrace drains and drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. Terrace drains shall follow landform slope configuration and shall not be placed in an exposed 15 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 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 • • F-onflaylvagmagmigas I • ki Wool k, I il III 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 '1•�o'+. Mr. l'M �w T. +i /w�p'YW i�veill�riwwtr �i aeroo WNi6/8000D 01Y 17i8ilY l9NlD JO i�7i0D J@MNlaYOi 1 O i m. ®">a ¢vr>�v Flu �n 'ave a�r�o�„wwo • s ma.90 JW Maud anuvw6L •°� „•� °•° m a� =, if agg 1111 W 'I if R f msa r q Dp E ph r n �� o. d a Q IE iii/ � �■� � g D • 6p a� by p!� 9{ E i k 6i 3b� 3� pr■°p-Dd D R bA °g �I l� ��,I �`� iii ��.000000ao P'LANNING COMMISSION AGENDA REPORT i 21825 COPLEY DRIVE — DIAMOND BAR, CA 91765 — TEL. (909) 839-7030 — FAX (909) 861-3117 — www.CityofDiamondBar.com MEETING DATE: CASE/FILE NUMBER: FWATIST001 • *1 IM111 I APPLICANT: 7.2 April 11, 2006, continued from March 14, 2006 hearing 01990/1• Conditional Use Permit No. 2003-01 245 Gentle Springs Lane To review the operation of the Scribbles Grille and Restaurant to assure compliance with conditions of approval and to consider whether to modify, add conditions as necessary, or revoke the permit. P.N. Patel Rantan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91741 Raj Astavaraka 6226 N. Calera Avenue Azusa, CA 91702 STAFF RECOMENDATION: Staff recommends eliminating the entertainment use for Scribbles Grille and Restaurant 7.a -1 F-.T34501.•� In May 2003, the business owner applied for, and was granted, a Conditional Use Permit (CUP No. 2003-01) for a bar and limited entertainment associated with the operation of Scribbles Grille and Restaurant (Scribbles). Since the approval of the Conditional Use Permit (CUP), there have been numerous public safety incidents associated with the operation of, and involving patrons from, Scribbles. These incidents required the Los Angeles County Sheriffs Department to respond to the location on numerous occasions. A summary of the public safety issues is described in Section 11 of this report and a detailed list of the number and type of incidents the Sheriff's Department has responded to is attached as Exhibit "F. As a result of the public safety issues associated with the operation of, and patrons from, Scribbles, City staff scheduled a Public Hearing before the Planning Commission on March 14, 2006 to consider evidence for revocation or modification of the Scribbles CUP. The business owner was provided notification of the hearing via certified letter. After receiving the certified letter, the owner requested the Public Hearing be continued for three weeks since he would be out of the country. As a condition for approving the request for a continuance, the business owner provided the City with a letter declaring the business would operate in compliance with the Conditional Use Permit during the three week period. On March 14, 2006 the Planning Commission opened the public hearing, accepted public testimony from two nearby residents, and continued the hearing to April 11, 2006. The purpose of tonight's hearing is for the Planning Commission to hear evidence presented by the City and the business owner, accept additional public testimony and testimony from the -Los Angeles County Sheriff's Department, and make determinations regarding the two following issues: A. Is the business operating in a manner that violates the Conditional Use Permit and the conditions for approval approved by the Planning Commission? B. Is the business a public nuisance or a threat to the public health, safety and welfare of the community? Based on the Commission's decision on the above determinations, the Commission should direct staff appropriately. Options for the Planning Commission are included in this report. 7-2-2 ANALYSIS: I. VIOLATION OF CONDITIONAL USE PERMIT: A. Approved Entertainment per Conditional Use Permit No. 2003-01: On May 27, 2003, the Planning Commission approved Conditional Use Permit allowing Scribbles to have a bar and- limited entertainment in conjunction with the restaurant use. The approved entertainment was limited to a jazz band, a guitarist or a pianist on a small stage within the bar; or a DJ with dancing for banquets and private parties held in the banquet room. At the CUP hearing in May 2003, the applicant testified that his business would be an upscale restaurant with a jazz band playing and no dancing, except for the private events like graduation parties, wedding receptions, etc. held in the banquet room. The attached Exhibit "G" is the minutes of the May 27, 2003 hearing. B. Current Business Operation: Scribbles regularly invites well known DJs from Southern California radio stations like KIISFM to entertain on Thursday nights. Exhibit "H" attached is an example of an advertisement for one of these events. This advertisement includes phrases such as "CLUB KIIS THURSDAY," and "Scribbles Nightclub, Hruven Media & KIIS FM in association with JBerna & AcropolisRPM." This type of advertisement is indicative of a nightclub which is contrary to the approved entertainment use. In addition, Scribbles routinely charges admission for these types of entertainment events. The entertainment authorized by the Conditional Use Permit would not normally include charging admission as admission is not usually charged for entering a private party, graduation party and other similar event. C. Staff Findings: Based on the evidence above, City staff finds that the applicant and the operation of Scribbles are not in conformance with the approved Conditional Use Permit No. 2003-01 and its conditions of approval (Planning Commission Resolution No. 2003-15). 7•a-3 DETERMINATION OF A PUBLIC NUISANCE AND A THREAT TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY: A. Summary of Public Safety Incidents: Over the past two years, the City has had numerous public safety issues and incidents associated with the operation of, or from patrons associated with, Scribbles. The Los Angeles County Sheriff's Department has received calls for service for such issues as grand theft, battery, assault with a deadly weapon, extremely loud music, and public intoxication. Attached is Exhibit "F" which details the Sheriffs. Department responses to service calls associated with Scribbles between April 2004 and March 2006. Included in the list are two separate incidents in February and March 2006 which required the City to dedicate a significant amount of public safety resources including both Fire Department and Sheriff's Department personnel. On February 2, 2006, Scribbles hired an alternative style rock band to play and charged admission to the event. The following public safety issues were associated with this event: large crowds, fights in the parking lot, brandishing of a firearm, reckless driving on Gentle Springs, a hit and run accident, an arrest for driving under the influence, and a traffic collision involving a 17 year old unlicensed driver. On March 2, 2006, the Deputies were alerted to another event that would draw a large number of people, a performance from a known DJ. Given the public safety issues associated with the February incident, additional Deputies were required to be on duty, the Sheriff's mobile command center was deployed and the surrounding agencies were put on notice should additional public safety resources be required to control the large number of people attending the event. At the City's request, the Sheriff's Department authorized overtime for 14 additional Deputies on March 2 through the early hours of March 3. The cost for these Deputies was paid by the City. In addition the Los Angeles County Fire Department was onsite to monitor all aspects of the event to ensure compliance with the posted occupancy and all other Fire Code requirements. While the significant law enforcement presence mitigated any significant public safety- issues, there were still nuisance issues that occurred which impacted the surrounding businesses and nearby residents including as many as 100 to 200 individuals in line outside the entrance. Since the establishment was filled to capacity (580 people inside the premises including Scribbles personnel), these people had to wait until someone left the building before being allowed to enter. This many people waiting in line results in significant noise in the area. Other issues observed by the Sheriff Department personnel that night included underage individuals and adults leaving the premises intoxicated, and a number of fights just off the property. When the event ended, over 500 patrons I -a- 4 left the premises in a short period of time resulting in traffic congestion and other vehicle/pedestrian hazards. A representative from Los Angeles County Sheriff will be at the meeting to provide a first hand account of the recent incidences on February 3 and March 3, 2006 and share the concerns the Sheriff Deputies have expressed regarding their own personal safety when responding to call at the subject location. As a side note, Deputies entered the premises prior to the start of the event and observed the upstairs banquet room was designated as a "VIP" room which contained two (2) massage tables and two (2) female masseurs. In order for a business to legally operate with a massage use, the business is required to obtain a Conditional Use Permit allowing such a use. The owner of Scribbles has not obtained nor even requested a CUP to allow such a use. The site where Scribbles is located contains the Best Western hotel with 96 rooms. The total number of parking spaces available for both businesses is 267 spaces. The parking requirement for hotel is 1 per room plus 1 per staff. The number of parking spaces required for Best Western is 99 spaces. The parking requirement for Scribbles is 1 space per 75 square feet. The restaurant, bar and banquet room is 5,850 square feet with 100 square feet of outdoor dinning area. The number of parking spaces required is 79 spaces. The site has recorded reciprocal access and parking easements. The site has sufficient parking for the two uses. However, the site is not parked for a nightclub with special entertainment events that attract a regional crowd. The event on March 2, 2006 demonstrated that the site cannot accommodate special events that draw large crowds. For overflow parking, the patrons would park their cars at the K -mart parking lot. When the event ends, the patrons quickly leave the premises, which would pose a hazard when large number of cars exits from the premises and the K -mart parking lot to Gentle Springs and/or Diamond Bar Boulevard. C. Surrounding Businesses and Residents: At the March 14, 2006 hearing, two residents from Fall Creek condo complex spoke about the negative impact they have experienced because of Scribbles. Their complaints included loud music, Scribbles patrons breaking into their gated complex, gangster -looking individuals hanging out in their complex, use of drugs and alcohol in their parking lot. Exhibit "E" is the March 14th letter with signatures of the condo complex residents submitted to the Commission. The letter lists the nuisance problems and disturbances. T. a — 5 III. FINDINGS FOR THE REVOCATION OR 1� CONDITIONAL USE PERMIT, AND AUTHORITY OF THE PLANNING COMMISSION (Section 22.76): According to the City's Development Code, the Planning Commission has the authority to revoke or modify the Conditional Use Permit if any one of the findings can be made: A. Finding: Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made and/or the public health, safety and welfare require the revocation or modification. Staff Conclusion: The need for the deployment of additional Sheriff Deputies to handle the nuisance problems caused by the Thursday night entertainment is detrimental to public health, safety and welfare. B. Finding: The permit was obtained by misrepresentation or fraud. Staff Conclusion: The applicant testified at the public hearing of May 27, 2003 that his business is an upscale restaurant and the entertainment he was requesting would be to allow a jazz band to play with no dancing at all except for the private events like graduation parties within the banquet room. Exhibit "G" is May 27, 2003 Planning Commission minutes. The type of entertainment on Thursday nights, which advertised thr6 ugh known radio stations and having performances from know artist, and charging admission to these types of events is inconsistent with the representation made by the applicant during the original CUP public hearing. C. Finding: One or more of the conditions of the permit have not been met or have been violated. Staff Conclusion: Condition (j) of Planning Commission Resolution No. 2003-15 limits the entertainment to a jazz band, a guitarist or a pianist on a small stage within the bat; and a DJ with dancing for banquets and private parties held within the banquet room. The entertainment at Scribbles in the past is a violation of this condition. Condition (k) of Planning Commission Resolution No. 2003-15 states that the applicant shall not permit any public nuisance outside the restaurant including., but not limited to, unruly behavior by patrons which may contribute to noise. The nuisance problems demonstrated by Sheriff's report are a clear violation of this condition. D. Finding: The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation or statute. Staff Conclusion: The massage tables and the two masseurs on the premises were not part of the Conditional Use Permit No. 2003-01 approval. Having massage services require a Conditional Use Permit under Regional Commercial District, which the applicant has not obtained nor requested a CUP to allow such use. The massage services violate Section 22.10 and 22.58 of the Development Code. E. Finding: The improvement/use allowed by the permit has become detrimental to the public health, safety or welfare of the community, or the use operates in a manner which constitutes a public nuisance. Staff Conclusion: The need to deploy additional Deputies to mitigate significant public safety issues at Scribbles and the continued pattern of significant public safety calls for services associated with patrons of Scribbles is detrimental to public health, safety and welfare of the community. The requirement to dedicate a significant amount of the City's public safety resources to this location and the impacts to the nearby residents and businesses as a result of the operation of this business makes it a nuisance. Based on the above findings, City staff has determined that the business is not operating in conformance with the approved CUP and has violated Planning Commission Resolution No. 2003-15. Also City staff finds that the business is a public nuisance, is a threat to the health and safety of the community, and negatively impacts the City's public safety resources. As a result the Conditional Use Permit 2003-01 should be modified to eliminate the entertainment use or revoked entirely. IV. OPTIONS FOR PLANNING COMMISSION: A. City staff recommends the Planning Commission find that the business is not operating in conformance with the approved Conditional Use Permit, is a public nuisance, is a threat to the health and safety of the community, and adopt the attached Resolution modifying the existing CUP to eliminate any and all entertainment on the premises. B. Maintain current approved entertainment: a jazz band, a guitarist or a pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room. Modify the Conditional Use Permit by adding conditions of approval such as requiring the submittal of a noise attenuation study and mitigations to address the loud music, the submittal of a safety and security plan for Sheriff's review and approval, etc. N- 7 If Commission agrees with this option, then direct staff to bring back a resolution with the added conditions of approval for Commission approval at the next meeting. The Commission will need to continue the hearing to April 25, 2006 meeting. The applicant has a right to appeal the decision of the Planning Commission within 10 days after the Commission has adopted the resolution at the April 25, 2006 meeting. C. If the applicant desire's to maintain the nightclubuse, a new Conditional Use Permit is required and subject to Planning Commission review and approval. Through the review process, the Planning Commission may allow the additional nightclub use and may impose additional and appropriate conditions to ensure the entertainment would not impact the surrounding uses. The Planning Commission should direct the applicant to submit the Conditional Use Permit. Staff will analyze the application and will present with conditions of approval for the additional entertainment use. The applicant shall not have any entertainment beyond what was approved under Planning Commission Resolution No. 2003-15 while the application is in review. D. Determine that the business is operating within the approved Conditional Use Permit and deny the finding that the business is a public nuisance or a threat to the health, safety and welfare of the community. If the Commission makes this finding no further action or modifications to the existing CUP is required. lfl• �� • . Staff recommends that the Planning Commission: A. Make a finding that the current operation of the business is a violation of the approved Conditional Use Permit; and B. that the business constitutes a public nuisance, and threatens the public health, safety and welfare of the community; C. Adopt the attached resolution amending Planning Commission Resolution No. 2003-15 to prohibit the entertainment use. 7a, 8 FAr . tFr4gTH7- =1 Exhibit "A" - Vicinity Map Exhibit "B - Site Plan Exhibit "C" - Floor Plan Exhibit "D" - March 14, 2006 Planning Commission Staff Report Exhibit "E" - March 14, 2006 letter from Fall Creek Residents Exhibit T" - Los Angeles County Sheriff Service Calls Report Exhibit "G" - May 27, 2003 Planning Commission Minutes Exhibit "H" - Advertisement from Scribbles Exhibit "I" - Planning Commission Resolution No. 2003-15 Exhibit "J" - Development Code Sections 22.10, 22.58 and 22.76 Draft Resolution No. 2006 -XX modifying Resolution No. 2003-15 7.9-9 lid CO c* WN cq q C\j 4.., fti- Q) q LIU-, I L S�6 --z7 fA o 56*�, 4z- / a^ CO U L �i E-; ti 1a�AN�w p g .. mry111qq1 Wm1 lFbpNV era Z �S g,rmg RY 3U'q#Pq .^s V1 K a. �=0 pz iH� �Y u aZ8 ce, (y j � dwar2 0 t a CV nuuN rt z W e x Q p?o<iE "a o 0 O U —wow v OIOU� O� g"sa O N O O §a --gar 8qn m3WC a_�ip l � i 3 gray ,'"11411 4r O 8 8 O LD q �r z ry U Q i • 1O. 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(909) 396-9600 _ Fax (9096196g285a • t '! r SCRIBBLES GRILLE I ' 2''(D FLOOR LEGEND OF LAYOUT PLAN • • 0 ® ■ (numbers correspond to the layout provided) - • - _ - ! r Banquet Room (Marquis Hall) 5 - Chairs & Tables _ - + - • 1 , e 12 - Presentation or Dancing Floor � � ! ,. ■ - ,( 13 - Preparation/Food Server Pantry - r T • - t 14 - Extra Dry Storage) _ _ - -Is 15 - DJ Booth • • , ■ w a v I ■ v Basement (The Cellar) 16 - Preparation/Food Server Pantry 5 - Chairs & Tables I m _ • - _ _ - 1 _ a e . ■ • a • e v v 9, t r a 1 A • r r 1610 .. v • ` - i _ . a A fay. 41 v ■ v ° _ - r a • v • a • ■ A � ■ - e a a i a v IM • ■ P r i) _ r v F ■ ■ '245 Gentle Springs r •Dian nd ar, CA 91765 cla sr r COP- +-«-0� 7.a- 3 1-\4EMORANDUM 11 DIAMOND BAR COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DrvisioN TO: Chairman and Members of the Planning Commission FROM:Nancy Fong, AICP . Interim Community Development Director DATE: March 8, 2006 SUBJECT: Conditional Use Permit No. 2003-01 - To review the operation of the Scribbles Grille & Restaurant, 245 Gentle Springs, to assure compliance with conditions of approval and to consider whether to modify, add conditions as necessary, or revoke the permit. BACKGROUND: In May 2003, the Planning Commission approved Conditional Use Permit No. 2003-01 allowing Scribbles to include a bar and entertainment in conjunction with a restaurant. The approved entertainment was limited to a'jazz band, a guitarist or a pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room. Since the approval of the Conditional Use Permit, the Los Angeles County Sheriff has experienced numerous safety issues with and around the facility. The types of problems that have occurred between'March 2005 and March 2006 include grand theft, battery, assault with a deadly weapon, overcrowding, extremely loud music, intoxication, etc. Law enforcement has expended considerable amount of resources in time and man power to address the identified problems. Attached as Exhibit "A" is a copy of the Los Angeles County Sheriffs service call list identifying dates and types of service calls conducted at the subject location. The Planning Commission has the authority to review periodically the Conditional Use Permit for compliance of conditions of approval and to consider whether to modify, add conditions as necessary, or revoke the permit. As a result of the numerous safety concerns originating from Scribbles, the subject Conditional Use Permit is being presented to the Planning Commission for review and consideration of evidence. The legal property owner, Ratan Hospitality, and the proprietor of Scribbles, Mr. Raj Astavakra, have been provided with proper notice of the March 14, 2006, public I hl:�Ktff bir 7.a -/q W, - 03/07/2006 00:19 6263356565 CALERA CENTR PAGE 01 Mar 07, 06 Rai Astavakra Scribbles GriU Diamond Bar, C.A. 91765 626-253-5000 Atta: Nancy Fong In regards to the upcoming healing on Mar 140`, 2006, unfortunately I will be out of the country from dates; Marl3th — Apr 4th. I am requesting to re -schedule the hearing anytime after Apr I received the letter from your department today and I wn left with very little time to change my plans. I would greatly appreciate if you would consider my request to re -schedule the hearing. Thanking you, iaJI & va kra &01031T, ®, Oz " 03/07/2006 23:06 6263356565 CALERA CENTR PAGE 01 March 9, 2006 34', - Scribbles Grill 245 Gentle Springs Ln - Diamond Bar Attn: Nancy Fong City of Diamond Bar This letter is in response to our conversation from yesterday regarding compliance of C.U.P. issued to Scribbles Grill. Those issues and concerns will be taken care of in -my absence and fall compliance will be met T 4 Thanking you Sincerely, As A siakrave Orr March 14, 2006 Dear Diamond Bar Planning Commission: Re: Conditional -Use permit No. 2003-01 We, the residents of Fall Creek, a gated condominium community `at the end of Golden Springs Cul-de-sac, have been adversely affected by the actions of. Scribbles Bar and Grill. Scribbles is operating inconsistently with its Conditional Use Permit. - it is. in fact, a Rap Music Dance club, where patrons have to go through ID checks from the bouncers (at least 2 or 3) standing in front of the club. The actions of the operators of Scribbles Bar and Grill and its patrons disturb our community and our right to peaceful enjoyment of our property on the weekends The following is a list of activities associated with Scribbles Bar and Grill and its patrons seen and reported by Fall Creek Residents: . 1. A band of 8-10 gangster -looking people in their 20s hanging out in our community, drinking alcohol, talking and cursing loudly, and -climbing and flipping over the gate to go to the dance club. 2. Using drugs in the walkway paths of our community, smoking marijuana, yelling and screaming, after we asked them to leave, they went and shook our neighbors' car and made the car alarm go off 5 times that night. 3. Loud music every Thursday, Friday and Saturday with 84 dB SPL (sound - pressure level) from the parking lot and over 120 dB SPL from the Club. Our outer windows vibrates with the Rap Music, we can also hear clear booming rap music even from the other side of the house. The loudest time frame is between 12:30 am to 1:45 am. We have been reporting to the police, but the.music was turned back on every time right after the police left. According to the scientific reports, loud noise not only can damage human's hearing, it can also increase the risk of high blood pressure and heart disease. Loud music from Scribble Bar and Grill constantly disturbs our sleeping on the weekends. 4. Party goers urinating in front of the gate. 5. Girls changing their pants in front of our community gate 6. Lots of beer bottles and cans discarded all over our community and around the Cul -De -Sac at the gate 7. Party Goers climbed and flipped over the gate in and out of out community. They park illegally in our community parking lot 8. Party Goers- lifting the gate off its track and caused the malfunction of the gear mechanism, forcing our gate to stay open until the community repaired it. 9. This has place an additional burden on our community, we now routinely disable our rear gate on the weekends preventing the gate from operating to secure the safety of our community. This bottlenecks our community in the event of an emergency. We now feel insecure to walk around the community at night. Please take action oia our petition to prevent the further erosion of our community and our property values. Please revoke Scribbles' Conditional Use Pen -nit for their abuse of their privilege to conduct business in our city. Px Name Signature Address 3 S� S V. C, c,' L7 ��/2 12 ?� r v 31 719 S. rw5��tt-�IL �Lt i 3 _�V.4 j S5 AZ13a At, IA I ��'f n c.� ('"gyp•` co • t(j\ '`�• .� ,r'� L,1 �� 1 �� 3by PROSP&C7OP AP avtn W [Ar 415 oly R4R j m Name Signature Address AAHc j4- -V � 4/1n 7� 32a s. �mSP✓<<`f Rd #sZ Age Y l v °�S 1 OJ �Ilrl �V I YL I cG Due to the numerous problems at the location, Deputies conduct constant patrol checks of Scribbles and the adjacent parking lots. (81 patrol checks were logged in the last year). Numerous contacts for loitering, loud music, drinking in the parking lot, curfew violations, and other disturbances have been made. Calls for service: Friday, March 11, 2005 Grand Theft Purse stolen from inside club, no suspect information. Friday, March 18, 2005 Sexual battery and battery / victim: female 19 years was grabbed on buttocks. When victim's male friend confronted suspects he was punched numerous times. Security intervened and victim was pepper sprayed. Per deputy the 19 year old victim appeared very drunk and was unable to stand without assistance. Suspects were gone prior to arrival of deputy. Suspects: 2 males 18-19 years old / No one in custody. Friday, March 25, 2005 Assault with a deadly weapon (bottle) occurred inside location. 2 victims: male 20 year old hit on the head with a bottle & male 19 year old was injured by broken glass / Suspect: male 21 year old arrested. (6 Sheriff units responded) Saturday, March 26, 2005 Vehicle stolen from Scribbles parking lot, no suspect information. Friday, June 17, 2005 Assault with a deadly weapon (gun, shod foot, and hands) Victim: male 19 years & sister 23 years were approached by male with a gun in the Kmart parking lot. Suspect left location and male victim started to enter vehicle. Before the door was closed suspects #1 - #3 pulled victim from vehicle, threw him to the ground and started kicking and hitting him. Female victim was assaulted by suspects' #4 - #6 and was pushed and hit. 6 suspects from the security company were arrested Thursday, July 14, 2005 Extremely loud music coming from inside location. Manager was advised / warning. J0, to -7 mqlaff T t® Friday, July 15, 2005 Extremely loud music coming from inside location. Music could not be heard at condo complex gate. Friday, July 22, 2005 Location overcrowded causing possible safety hazard. Fire department engine 121 Captain Cleveland handling. (6 Sheriff units responded) Friday, August 5, 2005 Suspicious circumstances, possible rape,.occurred at the Best Western next door to Scribbles. Witness stated that his friends were at Scribbles prior to the incident. When the deputy arrived at the hotel he found the victim: female 20 year old, passed out drunk on the bed extremely intoxicated and non responsive. Victim was naked from the waist down. Victim was belligerent said that she had not been raped and declined a rape examination. Medical aid assisted. No suspect information. No one in custody. (6 Sheriff units responded) Saturday, August 13, 2005 Extremely loud music coming from inside location. Persons loitering at 364 Prospectors. Disturbing parties gone prior to deputy arrival. Friday, October 7, 2005 Assault with a deadly weapon (bottle) Victims friend, female 21 years was arguing with another patron. Victim stepped in to assist friend and slipped on the floor. While on the floor suspect threw bottle at victim striking her hand. Victim: female 21 year old. Suspect: Female Hispanic, approximately 20 years of age, no one in custody. Saturday, October 8, 2005 Several parties arguing inside location, fight pending. Disturbing parties gone prior to deputy arrival. (4 Sheriff units responded) Friday, October 21, 2005 Several drunks in parking lot, fight had occurred. Parties non desirous of a report. Treated by LA Fire engine 121 at the scene for minor injuries. (9 Sheriff units responded) Friday, December 9, 2005 Vehicle stolen from Scribbles parking lot. Plate number unkn. Unable to find plate in DMV clets. No suspect information. Sunday, January 1, 2006 Grand Theft -2 purses stolen from vehicle in parking lot. No suspect information. 7-d -d- I Sunday, January 22, 2006 2 males in Jeep threatening bouncers possibly with a tire iron. Suspects gone prior to deputy arrival. (5 Sheriff units responded) Friday, February 3, 2006* Brandishing deadly weapon (firearm), Suspect: Male (related to each other) Black 6' 170 Ibs. 20-22 years old / No one in custody. (6 Sheriff units responded) Friday, February 3, 2006* Fight in the parking lot, approximately 20 males. No suspect information. No one in custody. Friday, February 3, 2006* Traffic collision in parking lot, 17 year old unlicensed driver. Juvenile released to her mother. Friday, February 3, 2006 Reckless driving observed on Gentle Springs, exhibition of speed, hit & run, and driving under the influence. Suspect: male 20 year old arrested. Friday, February 9, 2006 Patron was arguing with employees and was kicked out of location, wants to talk with deputies. Upset patron male 22 years was taken home by his friend female 20 years. Friday, February 17, 2006 Fight in Kmart parking lot as patrons' exited club. The 18 year old victim who had been drinking whisky in the parking lot was beaten severely, bottles were thrown during the altercation and as deputies arrived. Victim non desirous of prosecution. No one in custody. Thursday, March 2, 2.006 An operations plan was created and Lt. Maxey accompanied by 14 Sheriff's deputies responded to provide police presence at an event expected to draw a large crowd of several hundred patrons. Friday, March 17, 2006 Large crowd at Scribbles (5 Sheriff units responded). Location checked out okay. Friday, March 24, 2006 Large crowd at Scribbles. Location checked out okay. Friday, March 26, 2006 Loud music at location per resident in condo's. Manager was warned and advised deputies he will cooperate by turning music down. Ta -22— Friday, March 30, 2006 Loud music at location per resident in condo's. Owner turned bass down. Deputies monitored area. (3 Sheriff's units responded). Saturday, April 1, 2006 Large crowd at Scribbles. Location checked okay. Sunday, April 2, 2006 6 Desk received a call from a subject saying. he was security and there were shots fired at the business. Upon deputy arrival, deputies found that the call was made by a customer who was upset that he had been asked to leave. (3, Sheriff's units responded). 7 •� -2- 3 Scribbles 245 Gentle Springs Lane January 2004 - January 2005 Due to the numerous problems at the location, Deputies conduct constant patrol checks of Scribbles and the adjacent parking lots. (38 patrol checks were logged in the year 2004). Contacts for loitering, loud music, drinking in the parking lot, curfew violations, and other disturbances have been made. Calls for service: April l,2004 Deputies contacted Scribbles Manager at the station regarding 3 lost passports. Reports were written. April 13, 2004 Burglary Alarm: Location checked secure. April 14, 2005 Burglary Alarm: Location checked secure. May 11, 2004 Burglary Alarm: Location checked secure. September 11, 2004 Deputies contacted victim regarding stolen cell phone, credit cards, and cash. Victim requested report to cover cell phone only. November 14, 2004 Unit requested to monitor Scribbles at closing, due to a large amount of people and traffic at location. November 15, 2004 Deputy contacted victim at Station lobby regarding a battery that occurred at Scribbles on November 12. Assault was committed by s named suspect, but victim was non desirous of prosecution. Suspect hit victim and had tried to pull victim from vehicle. /L 7 -(?--/-"T MAY 27, 2003 Page 5 PLANNING COMMISSION r above 42 inches it requires a Variance that is not on tonight's agenda. In i, on page 9 of the resolution, the applicant is asked to submit a soils report, if 1. The Building Official will decide whether or not it is required to support the prcjdst. The first priority is the safety of the residents and the proper structural integrity o e structures being created. Mr. Maese agree with the item regarding the soils report. He read it wrong. He has no problem with it ause if it affects the safety of the area he would not want any problem. Regarding t\nhe he will do what he has to do so that the matter of the hedge would have no n the project. DCM/DeStefano explhair/Tye that staff could deal with a Minor Variance request for a five and hedge. If he wanted the hedge to be six or seven feet high he would hque a Variance. requiring another noticed public hearing before the Plamissi . He felt the expense would no be worth the effort. However, it weowner' decision. Chair/Tye opened the public hearing. There being no one present who wished to speak on\andor hair/Tye closed the public hearing. C/Ruzicka stated that in view of the applicant's acquoved for Planning Commission approval of Development Review 200r Conditional Use Permit 2003-07, Findings of Fact, and conditions 'steel. C/Tanaka seconded the motion. Motion carried by the followvot AYES: COMMISSIONERS: Ruzicka, Tanaka, Nelson, NOES: COMMISSIONERS: None .3 Conditional Use Permit No. 2003-01 (Pursuant to Code Sections 22.58 and 22.10.030 — Table 2-6), is a request to provide entertainment and a bar in connection with an existing restaurant identified as Scribbles Grille. PROJECT ADDRESS: 245 Gentle Springs Lane Diamond Bar, CA 91765 ML 1 ►® MAY 27, 2003 Page 6 PLANNING COMMISSION - PROPERTY OWNER: APPLICANT: P.N. Patel Ratan Hospitality, LLC 1205 W. Sierra Madre Avenue Glendora, CA 91741 Raj Astavakra 6226 N. Calera Avenue Azusa, CA 91702 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Conditional Use Permit No. 2003-01, Findings of Fact, and conditions of approval as listed within the resolution. C/Tanaka asked what kind of security measures the applicant would provide. AssocP/Lungu referred C/Tanaka to the resolution section that stated "the applicant shall provide the appropriate security measures associated with this permit and as required by the City." C/Tanaka asked about the discrepancy regarding the hours of operation and sale of alcoholic beverages. AssocP/Lungu said the hours could be added to the resolution. Chair/Tye asked for clarification of the fifth and last bullet points on page 3. In particular, would music be allowed on the outside patio? Raj Astavakra, offered support that the legacy left behind by the Platinum Club would Aot be in any way shape or form if we establish Scribbles Grille. He understood the City to have numerous problems with adding the Platinum Club and the parking structure, the loitering of people, none of these activities going on. They to be upscale dining with a is at 12:00 midnight. We kept it at 1:00 a.m. so that patrons could finish their drinks and have a cooling off period before leaving the restaurant. There will be no D. J. music or any dancing except for private events if they want to dance — like graduation parties or things like that. Otherwise there will be no dancing at all. Not even to the jazz band music. It is just going to be for entertainment urposes only. 7.a -z6 MAY 27, 2003 Page 7 PLANNING COMMISSION C/Tanaka asked Mr. Astavakra what is the room capacity for the bar and for the room upstairs. Mr. Astavakra responded that the capacity for the upstairs room is 85-90 people sitting at one time in the banquet room. The bar has a 125 person capacity including ZD the patio area. Chair/Tye opened the public hearing. There being no one present who wished to speak on this matter, Chair/Tye closed the public hearing. Chair/Tye asked if the project was conditioned to prevent prior adverse occurrences at the premises. DCM/DeStefano explained that this is a different application and a number of things have occurred since the Planning Commission considered another application for this location a few years ago. That applicant for that project ultimately incorporated practically all of the requirements that the Sheriff's Department and Fire Department required for the operation that they were conducting. As a result, many of those requirements have carried over to this project. This project may be slightly different and that is why the Fire Department will be taking a cursory look at the new operation. This is not labeled as a nightclub and it is not proposed to activate as such, as was the former project. Therefore, staff does not see the same issues and have attempted to write a variety of conditions that limit the activity to the D.J. and others that were mentioned. In addition, the Planning Commission received testimony from the applicant about what the activity would be. Staff believes the conditions are in place to protect the City from the problems associated with the previous operator. Should issues come to staff's attention i.e., noise in the neighborhood, condominium owners concerned about noise and debris, vehicles where they should not be, etc., would be brought to the Commission's attention with a modification process. Likewise would be non-compliance with fire department requirements, building and safety requirements and issues related to calls for service to the sheriff's department. At this point, staff believes the City will not have to deal with those kinds of issues. However, should they arise, the Commission has the ability to review the matter and to either change the operating conditions or revoke the permit. MAY 27, 2003 Page 8 PLANNING COMMISSION DCM/DeStefano responded to Chair/Tye that this project is much further along than the prior project was when it received its approvals. There are a few items remaining for the applicant's compliance, but staff does not see the same kinds of issues that haunted the prior project. Also, the County business licensing had a number of staffing issues that occurred with the previous application that reeked havoc with the process. Those issues have not occurred since. DCM/DeStefano responded to C/Tanaka's concern about appropriate security measures. If the Commission wished to do so it could change the condition to be more specific in its verbiage and would involve a discussion between staff and the City's team lieutenant to determine the most appropriate means of providing security for this project. This project requires a business license from L. A. County and there may be additional conditions related to security. Chair/Tye asked Mr. Astavakra to return to the speaker podium. Chair/Tye asked Mr. Astavakra if he understood staff's conditions and was in agreement with those conditions. Mr. Astavakra responded "that is true, sir." He said he had already applied for the entertainment business license from the County of Los Angeles and that it was approved. However, the security guard will be provided to the restaurant on Fridays and Saturdays, depending on the makeup and number of customers. He has not yet begun advertising pending the Planning Commission's approval. With the Commission's approval he will begin advertising for the live band and the alcoholic permit. Chair/Tye noticed that the floor plan was provided on Rangoli letterhead. He asked Mr. Astavakra if he operated that restaurant also. Mr. Astavakra responded, yes. Chair/Tye said, "so you know a thing or two about operating a restaurant." Mr. Astavakra replied "that is correct, sir." Chair/Tye thanked Mr. Astavakra. 7-)-2-S MAY 27, 2003 Page 9 PLANNING COMMISSION DCM/DeStefano reminded Chair/Tye about Condition (i) and the question about the hours of sales and consumption for alcoholic beverages. The Commission may want to amend the condition so that the first sentence would remain as written and a second sentence would be added to wit: "No alcoholic beverages shall be sold after 12:00 midnight." C/Ruzicka said that in view of the discussion and taking into account the applicant's agreement with this evening's additional discussion on ,.conditions, he made the following motion. That the Planning Commission approve conditional Use Permit No. 2003-01, Findings of Fact and conditions of approval as listed within the resolution including the suggested changes to page 5 Condition (i) that "no alcoholic beverages shall be sold after 12:00 midnight." C/Tanaka seconded the motion. Motion approved by the following Roll Call vote: AYES: COMMISSIONER& Nelson, Ruzicka, Tanaka, Chair/Tye NOES: COMMISSIONERS: None ---------- - - ----------- . ..... .. ABSENT: COMMISSIONERS: VC/Nolan Chair/Tye thanked Mr. Astavakra for opening his restaurant in Diamond Bar. The City appreciates his business. 9. ANNING COMMISSION COMMENTS: C/Ruzicka stated that durina, ANN NG CO SS' regarding City's s P rece scussions regarding -amendments to the Development Code, one of the items was landscape on the <City's slopes. In a discussion with a couple of officials from the water I rl dist ict, he wa old that Federal grants were available to cities for planting of native type plants on the slop He asked that staff take that issue into account when planning for I f 10 landscaping of slopes. DCM/DeStefano said staff was ware of grants for landscaping but was familiar with aware grants for creation of development stghdards. Staff will further research the possibility. He noticed over the weekend that a good porta of the major slope across from Lorbeer Middle School was landscaped. C/Ruzicka said that Sunset Magazine has a feature on 10. INFORMATIONAL ITEMS: DCM/DeStefano said his gardening for Californi a." the SR 57 between 9:00 p.m. until 5:00 a.m. starting Wednesday, orju for the next week between 9:00 p.m. and 6:00 a.m. CalTrans will would be to not drive Njbout any other day Wac'Narize concrete Scribbles Nightclub. Gruven Media & KIII, in associn'tion, v%.-a.h JBorna & AcropolisRP -7. a -3 0 PLANNING COMMISSION RESOLUTION NO. 2003-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 2003-01, A REQUEST TO PROVIDE ENTERTAINMENT AND A BAR IN CONNECTION WITH AN EXISTING RESTAURANT. THE PROJECT SITE IS LOCATED AT 245 GENTLE SPRINGS LANE, DIAMOND BAR, CALIFORNIA, 91765. A. RECITALS. 1 The property owner, P. N. Patel of Ratan Hospitality, LLC, applicant, Raj Astavakra and applicant's agent, Lea Aguilar have filed an application for Conditional Use Permit No. * 2003-01 and categorical exemption for a property located at 245 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application." 2. On January 14, 2003, at an Administrative Revieiv hearing, the City approved Administrative Review Resolution No. 2002-01 for Minor Conditional Use Permit No. 2002-10, which allows the sale and on-site consumption of alcoholic beverages in connection with a restaurant and outdoor dining. However, the Minor Conditional Use Permit does not allow bar seating or entertainment. On March 26, 2003, the property owner, applicant and applicant's agent submitted an application requesting a bar and entertainment which requires the approval of a Conditional Use Permit. 3. On May 8., 2003, public hearing notices were mailed to approximately 219 property owners within a 700 -foot radius of the project site and the public notice was posted in three public places. The project site was posted with a display board on May 13, 2003. Furthermore, on May 15, 2003, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Dailv Bulletin newspapers. 4. On May 27, 2003, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 91 7.a-31 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 of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a 5.02 acre commercial parcel developed with the Best Western Diamond Bar Hotel, a restaurant structure (three levels with a total of approximately 9,000 square feet) identified as Scribbles Grille and related landscape and parking areas. (b) The project site has a General Plan land use designation of General Commercial (C). (c) The project site is within the Regional Commercial (C-3) Zoning district. . (d) Generally, the following zones and uses surround the project site: To the north is the Orange (57) Freeway; to the south is the C-3 Zone; to the east is the Multi -family Residence -15 Units Per Acre (R -3-15U) Zone/condominiums; and to the west is the Pomona (60) Freeway, the Manufacturing -Development Plan -Billboard Exclusion (M -1 -DP - BE) Zone/self storage facility. (e) The Application request is to allow a bar and entertainment in connection with an existing restaurant currently identified as Scribbles Grille. `7•a -3z. Conditional Use Permit (f) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before being proposed for a particular location. The Application request is to provide a bar and entertainment in connection with an existing restaurant A bar and entertainment are permitted in the Regional Commercial (C-3) zone with approval of a Conditional Use Permit. A restaurant use is permitted by right in this zoning district. Compliance with standards required for the bar and entertainment in Development Code Section 22.10.030 — Table 2-6 and as amended herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C). Objectives and Strategies of the General Plan provide for land uses that are diverse, mixed-use commercial retail, office and services uses within this land use category. A bar and entertainment that will be in connection with a restaurant is considered a service use and compatible with this land use category as conditioned within this resolution (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The restaurant structure is existing and operational and meets the required development standards related to lot size, setbacks, height, landscaping, parking, etc. The bar area with a small stage is also existing. The proposed use, as conditioned within this resolution, will be compatible with the existing and future land uses in the vicinity. The staff has visited the project site several times and has not found conditions that would be unacceptable according to the City's Development Code. The project site provides adequate parking to accommodate the hotel and restaurant with a bar and entertainment as limited within this resolution. Compliance with the Development Code, conditions set forth in this resolution and obtaining the 7 - a-,-33 appropriate permits for the Department of Alcohol and Beverage Control and Los Angeles County Business License for entertainment will ensure that the operational characteristics of this business will not interfere with and will be compatible with the existing and future land uses in the vicinity, (i) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety; convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (f) through (i), the proposed bar and entertainment with a Conditional Use Permit in connection with a restaurant will be required to implement operational standards as prescribed in the City's Development Code to ensure that this use is not 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. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CE0A), Section 15301 and guidelines p * romulgated thereunder, the City has determined that this project is categorically exempt. Furthermore, the categorical exemption reflects the independent judgment 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) The project shall substantially conform to site plan and floor plan, labeled as Exhibit 'A" dated May 27, 2003, as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized 7-Z--57 has obtained permits from the City of Diamond Bar to provide such services. (c) Applicant shall remove the public hearing notice board within three days of this project's approval. (d) Conditions of approval set forth in Administrative Review Resolution No. 2003-01 (approved January 14, 2003) shall remain in full force and effect except as otherwise specified in this resolution. (e) Applicant shall obtain the appropriate permits for Los Angeles County Business License and Department of Alcohol and Beverage Control before providing entertainment and the sale and on-site consumption of alcohol beverages. M No loitering shall be permitted on, any property adjacent to the licensed premises which is under control of the applicant or on the licensed property. Applicant shall post a "No Loitering" sign in front of the business in a conspicuous place adjacent to the front door. (g) Applicant shall provide the appropriate security measures associated with this permit and as required by the City. (h) Hours of operation shall be limited to 6:00 a.m. to 1:00 a.m. seven days a week. (i) Hours for the sale and on-site consumption of alcohol beverages shall be between 10:00 a.m. and 1:00 a.m. No alcohol beverages shall be sold after 12 midnight. (j) Entertainment shall only include a jazz band, guitarist, and pianist and which shall occur on the small stage within the bar. Furthermore, a DJ with dancing shall only occur for banquets and private parties held within the banquet room. (k) Applicant shall comply with the City's noise standards and shall not permit any public nuisance outside of the restaurant structure, including but not limited to, unruly behavior by patrons which may contribute to noise. (1) No amplified music or sound shall be permitted outside the restaurant structure. (m) Applicant shall be responsible for maintaining a graffiti free project site and a graffiti free area adjacent to the project site over which the applicant has control. The applicant shall be responsible for the graffiti T,� - 35 removal within 48 hours of its appearance or upon notification to the applicant of its appearance. (n) Applicant shall be responsible for maintaining a litter free area adjacent to the premises over which the applicant has control and any parking lot area use specifically for restaurant patrons. (o) To ensure compliance with all conditions of approval and applicable codes, this Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added or revocation of permits may .occur. (p) Prior to the issuance of a Certificate of Occupancy, the applicant shall trim and stake existing trees and add ground cover to planters that are located within the parking area behind the restaurant structure. (q) Prior to the issuance of a Certificate of Occupancy, the applicant shall submit a revised site plan delineating the path of travel from the parking lot to the restaurant structure and from the curb to the restaurant structure. The path of travel from handicap parking to the restaurant structure shall not exceed a cross slope of two percent. Additionally, the existing handicap ramp shall be certified that it meets all accessibility requirements. Plans shall meet all "A2.1" occupancy requirements. (s) Applicant shall conform to State and local Building Codes (i.e., 2001 editions of the CAL. Building Code, Plumbing Code, Mechanical Code, and National Electrical Code) as well as the State Energy Code. Additionally, the applicant is required to obtain appropriate permits, inspections and Certificate of Occupancy; (t) Prior to the issuance of a Certificate of Occupancy and on a revised floor plan, the applicant shall delineate the following: (1) Restrooms along with fixture location and dimensions which shall be handicap accessible; (2) Doors and door swings; (3) Each room's use in order to determine occupancy; (4) One-hour corridor with 20 minute doors; and 7-d-36 (5) Handicap seating for all areas. (u) The applicant shall submit plans to the Los Angeles County Fire Department, Los Angeles County Health Department and Waste Management. (v) Applicant shall provide a seating plan for review by the Los Angeles County Fire Department. Additionally, the Los Angeles County Fire Department will test the fire alarm and inspect the hood system, prior to the issuance of the Certificate of Occupancy. (w) To ensure compliance with all conditions of approval and applicable codes, this Conditional Use Permit shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and the Commission may revoke or modify the Conditional Use Permit. (x) This grant is valid for two years and shall be exercised (i.e., within that period or this grant shall expire. A one-year extension of time for this application may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (y) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. 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: P. N. Patel, Ratan Hospitality, LLC, 1205 W. Sierra Madre Avenue, Glendora, CA 91741, Raj Astavakra, 6226 N. Calera Avenue, Azusa, CA 91702, and Lea Aguilar, 21860 Stonepine Drive, Diamond Bar, CA 91765. N-37 APPROVED AND ADOPTED THIS 27TH DAY OF MAY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. WA Tye, C 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 27th day of May 2003, by the following vote: ATTEST: AYES: Commissioners: Tye, Nelson, Ruzicka, Tanaka NOES: None ABSENT: Commissioner: Nolan ABSTAIN: None I James DeSt4fano, Secretary 1-d-38 N CHAPTER 22. 10. COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Page 7 of 11 KEY TO PERMIT REQUIREMENTS I IF -11".] 4:6 1016*1:21 a Symbol ®1 Procedure is in CUP Chapter Equipment rental (construction � equipment, etc.) CUP CUP Hotels and motels P P P (2) �=No Medical services --Clinics and labs P P P Medical services --Hospitals CUP CUP CUP Offices --Accessory to primary use P P P Offices --Business and professional P P P Personal _service.�. Personal services --Acupressure, therapy, tattoo parlors ow sychic rea er P cup ON -F3� P cup —P --P P cur P -Public safety facilities P P P P -Public utility facilities P P P P -Repair services P Service stations P P P P outdoor P P 22.42.090 -Storage, indoor P P -Storage, Vehicle services--Maintenance/minor -repair P P P Vehicle services --Major repair/body work CUP P Veterinary clinics and animal hospitals CUP P TRANSPORTATION & COMMUNICATIONS USES Heliports CUP Parking facilities/vehicle storage CUP CUP Radio and television antennas and wireless telecommunications antenna -facilities(4) 22.42.130 Transit stations and terminals P -Utility lines P P P P Vehicle and freight terminals CUP CUP KEY TO PERMIT REQUIREMENTS I IF -11".] 4:6 1016*1:21 a Symbol Permit Requirement Procedure is in Chapter P Permitted use, zoning clearance required (2) 22.46 MUP Conditional use, minor conditional use permit required 2256 (2) �=No ELttpf:/�/,Xitbrm3.m�nicode.co4mcc CHAPTER 22.58.CONDITIONAL USE PERMITS CHAPTER 22.58. CONDITIONAL USE PERMITS Sec. 22.58J@10.Purpose. Page 1 of 2 The purpose of this chapter is to provide 8 process for reviewing coOddjVO@| use permit applications which are intended toallow for specified aoMvhina and uses as identified inthe various zoning districts whose effect oDthe surrounding area cannot be determined before being proposed for @ particular location. Applications for conditional use permits will be reviewed for the location, design, configuration and potential iOOpgCiS to eDGUFe that the proposed use will protect the public he@|th. safety 8DdVVR|f8r8. (Ord. NO. 02/1998\'82. 11-3-98\ Sec. 22,58,020,Applicability. An application for 8conditional use permit may be filed with the department, iOcomp|iancewith chapter 22.44 (Anp|iCabDOS. PrOC8SoiOg. and Feen), for specified land use that is listed in orUdo U (Zoning Districts and Allowable Land Uses) as requiring g conditional use permit. A public hearing is � required (Ord. NO. 02(1998). §2. 11-3-98) Sec, 22,5,8,030, Application filing, processing, and review. (8) Filing. An 8pp|iO8U0l for conditional Use permit shall be completed,. filed, and processed in compliance with ChGDtg[ 22.44 (Applications, Processing, and Fees). It is the [SGp0nS|bUKV of the @p|UCaDt to 8SC8b|iSh evidence in support of the findings required by section 22.58.040 (Findings and d8CiSiOO).below. (b) Project review procedures. Each application shall be analyzed by the department to ensure that the application is consistent with the purpose and intent of this chapter. (C\ Notice and hearings. An application for a oOOditiODB| use permit will be scheduled for a public ' �h8G[iOg once the department has determined the application complete. @O1}CiDg of the public hearing will begiven iOcompliance with chapter 22.72(Public He8[ingS). (]nd.No. O2M908\.§2' 11-3-88) Sec. 22.58.040. Findings and decision. FOlk]VVOg 8 public hearing, the cODlDlisSiOD shall [eCO[d the decision in writing with the findings ODwhich the decision isbased. The conditional use permit application shall not beapproved, with o[ without conditions, unless all Cfthe following findings can hemade: M) The use isa|kJvvedxv�hiDthe subject zoning diethCiVV�hthe approval of8 � �DdiUODa| use permit and oVOopUes with all other applicable provisions Of this Development Code and the Municipal Code; CQ The proposed use is consistent with the general D\@O and any applicable specific plan; 6ttp:3.ozooioodo.00zo/rucn/Z)ocl7ievv l270{Vl/32l/S47/356?hilito=22 58; 4/6/2006 CHAPTER 22.58. CONDITIONAL USE PERMITS Page 2 of 2 (3) The design, |OcatoO, size, and operating characteristics of the proposed use are compatible with the existing and future land uses inthe vicinity; (4) The subject site is physically suitable for the type and density/intensity of use being proposed including ocoeaa, provision of utilities, compatibility with adjoining |oDd Uses, and the absence of physical constraints; (5) Granting the conditional use permit will not be detrimental to the public interast, health, safet«, coDveDieOce, or welfare, or injurious to persons, property, or iOOp[OVeO0entG inthe vicinity and zoning district in which the property is |OC8t8d; and , (0) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). (]r. NO. 02(1908)' 82. 11-3-98| [}Rd. NO. 04(2005) G- .3-15-05\ Sec. 22.58.050. Conditions of approval. In approving a conditional use permit, the commission may impose conditions deemed necessary'to 8nSUF8 that the 8pp[OV8| will be in CODlp|iaDoe with the findings required by section 22.58.040 (Findings and decision), above. (Ord. NO. 02(1898)' 8 2, 11-3-98) Sec. 22.58.060.1Post approval procedures. (a) General procedures. Procedures relating to appeals, performance guarontee, and revocation GG identified in article V(Development Code Administration), in addition tothose identified in chapter 22.66 (PenOK Implementation and Time Ext8De|oDG). Sh8|| apply following the approval Ofaconditional use permit application. (h) Run with the land. The conditional use permit that is valid and in effect, and was granted in compliance with the provisions Ofthkg Chapter, Gh@U nJD with the land and continue to be valid upon a change of ownership of the land or any lawfully existing structure on the land. (Ord. No. 02(1998).G2 11-3-98) hthpzuuoicx)do l27g0/l/32I/347/3558' 4/6/2006 nva�lof2 (�H��PTE}l22.76. REVOCATIONS AND MODIFICATIONS _ _=- CHAPTER 22.76, REVOCATIONS AND MODIFICATIONS Sec. 22.76.010. Purpose. This chapter provides procedures for securing revocation Ormodification ofpreviously approved applications, permits and entitlements. ({}Pd. No. O2(189O).82' 11-8-98) Sec. 22.76.020.Revocations and modifications. (@) and nO�C� The appRJphate[BVieVV8Uthor�U »Sh�hD|d@pU�ic h8@�OgtOrevoke � or modify an application, permit or entitlement granted in CODlp|iaDC8 with the provisions Of this Development Code. Tan days before the public hearing (except for temporary use permits), OobC8 Sh8|| be d8UYe[8d in VVhUng to the applicant and/or owner of the property for which the permit was granted. Notice shall be deemed delivered two days after being mailed, first d8SS postage paid' to the owner as shown on the county's current equalized assessment roll and to the project 8pp|iCant,ifDOttheDVVne[Ofthe subject property. (b) /98KkeKV authority 8CboO. (1) Permit revocation or modification. /\ land Use permit or entitlement may be revoked or Dl0ddhSd by the r8YeYV @VthDrhv (e.g., dir8CtOr, hB8hOQ nffiDB[. commission, or council) which originally approved the permit or entitlement, or the equivalent city review 8UthOhtv. for permits or entitlements originally approved under the COUOh/s authority, if any one of the fO||oVV\Og findings can be made 8Od/O[ in addition to the findings UDd8[ (b) o. Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made and/or the public hea|th, safety and Yve|f@F8 require the revocation or b. The permit was obtained hvmisrepresentation o[fraud; C The use or improvement authorized in cOO1[diaOc8 with the permit has not been established in a timely manner and a time extension is not warranted; d. That One or more of the DODdiUODS of the permit have not been 0{t or have been Y|o|81Bd� ' 8. The use, structure or CODStrVCtiOO for which the permit was granted has ceased to exist or has been suspended for at least six months, as defined in section 22.0#.O5O/g\(Loss ofnonconforming Si8tUg); f. The inUp[0v8[DeOL authorized in CODlp|i8DO8 with the permit is in Vio|gbDO of any code, (8vv. ordinance, PegU|8ti0O or statute; or g. The improvement/use 8UOvved by the permit has become detrimental tothe public hB@0l. safety or welfare, or the Use OPe[@teG in B DlgOmBr which constitutes @ nuisance. i2\ Minor variance or variance A minor V@h8Oce or variance may be revoked or modified by the review authority which OhgiDg|k/ approved the DliOD[ variance or vghance, if any one of the following findings can be rnoda, in addition to —7'� / *- /~—~- httn:/7}ibrary3.zuuoioode.0000/moo/T)oc\Jow/127q0/l/32l/350/366Y}ilite=2276; 4/6/2006 CHAPTER 22.76. REVOCATIONS AND MODIFICATIONS Page 2 of 2 those outlined in subsection (b)(1), above: a. Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original approval can no longer be made, and the grantee has not substantially exercised the rights granted by the minor variance or variance; or b. That one or more of the conditions of the minor variance or variance have not been met, or have been violated, and the grantee has not substantially exercised the rights granted by the minor variance or variance. (Ord. No. 02(1998), § 2, 11-3-98) -7 � -4-5 ,http://library3.municode.com/mcc/DoeView/12790/l/321/359/366?hilite=22 76; 4/6/2006 PLANNING COMMISSION RESOLUTION NO. 2006 -XX GENTLE SPRINGS LANE, • BAR, CALIFORNIA, 91765. A. RECITALS. On March 26, 2003, the property owner, P. N. Patel of Ratan Hospitality, LLC, and applicant, Raj Astavakra, have filed an application for Conditional Use Permit No. 2003-01 requesting for a bar and entertainment use for the property located at 245 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. 2. On May 27, 2003, after conducted and concluded a duly noticed public hearing, the Planning Commission adopted Resolution No. 2003-15 approving Conditional Use Permit No. 2003-01 allowing Scribbles Grille and Restaurant to serve alcoholic beverages and to have limited entertainment as follows: a jazz band, a guitarist or a pianist on a small stage within the bar; and a DJ with dancing for banquets and private parties held within the banquet room. 3. As a condition of approval, the Planning Commission has the authority to periodically review the Conditional Use Permit to ensure compliance with all conditions of approval and applicable codes. As a result of the public safety issues associated with the operation of and patrons from Scribbles Grille and Restaurant, a public hearing was set for March 14, 2006 Planning Commission meeting to review and consider evidences for revocation or modification. 4. On March 3, 2006, public hearing notices were advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers; and public hearing notices were mailed to approximately 219 property owners within a 700 -foot radius of the project site. Furthermore, the property owner and the applicant were duly notified of the hearing via certified letter. 5. On March 14 and continued to April 11, 2006, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public evidentiary hearing for Scribbles Grille and Restaurant. 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 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 substantial evidence presented to this Commission during the above -referenced public hearing on March 14 and April 11, 2006 including written and oral staff reports, together with pubic testimony, this Commission hereby specifically finds and concludes as follows: (a) The overall site is a 5.02 acre of land developed with the Best Western Diamond Bar Hotel, a restaurant building identified as Scribbles Grille and related landscape and parking areas. (b) The General Plan land use designation for the site is General Commercial (C) and the Zoning District is Regional Commercial District (C-3). (c) To the north is the Orange (57) Freeway, to the south is existing K -mart shopping center and zoned Regional Commercial (C-3), to the east is existing condominiums and zoned Multi -family Residence -15 Units Per Acre (R -3-15U), and to the west is the Pomona (60) Freeway. (e) Development Code Section 22.76 authorized the Planning Commission to revoke or modify the Conditional Use Permit if findings can be made as listed below items (f) through 0). Conditional Use Permit (f) Circumstances have been changed by the applicant to a degree that one or more of the findings contained in the original permit can no longer be made and/or the public health, safety and welfare require the revocation or modification. The need for the deployment of additional Sheriff Deputies to handle the nuisance problems caused by the Thursday night entertainment is detrimental to public health, safety and welfare. (g) The permit was obtained by misrepresentation or fraud. The applicant testified at the public hearing of May 27, 2003 that his business is an upscale restaurant and the entertainment he was requesting would be to allow a jazz band to play with no dancing at all except for the private events like graduation parties within the banquet room. The type of entertainment on Thursday nights which is advertised through known radio stations and having performances from know artist, and charging admission to these types of events is inconsistent with the representation made by the applicant during the original CUP public hearing. (h) One or more of the conditions of the permit have not been met or have been violated. Condition (j) of Planning Commission Resolution No. 2003-15 limits the entertainment to a jazz band, a guitarist or a pianist on a small stage within the bar, and a DJ with dancing for banquets and private parties held within the banquet room. The entertainment at Scribbles in the past is a violation of this condition. Condition (k) of Planning Commission Resolution No. 2003-15 states that the applicant shall not permit any public nuisance outside the restaurant including, but not limited to, unruly behavior by patrons which may contribute to noise. The nuisance problems demonstrated by Sheriffs report are a clear violation of this condition. (i) The improvement authorized in compliance with the permit is in violation of any code, law, ordinance, regulation or statute. The massage tables and the two masseurs on the premises were not part of the Conditional Use Permit No. 2003-01 approval. Having massage services require a Conditional Use Permit under Regional Commercial District, which the applicant has not obtained nor applied for. The massage services violate Section 22.10 and 22.58 of the Development Code. The improvement/use allowed by the permit has become detrimental to the public health, safety or welfare of the community or the use operates in a manner which constitutes a public nuisance. The need to deploy additional Deputies to mitigate significant public safety issues at Scribbles and the continued pattern of significant public safety calls for services associated with patrons of Scribbles is detrimental to public health, safety and welfare of the community. The requirement to dedicate a significant amount of the City's public safety resources to this location and the impacts to the nearby residents and businesses as a result .of the operation of this business makes it a nuisance. -7 -c? ¢(6,> 5. Based on the findings and conclusions. set forth above, the Planning Commission hereby modifies Conditional Use Permit 2003-01 as follows: (a) All pertinent conditions, of approval set forth in Conditional Use Permit No. 2003-01 shall remain in full force and effect except for Condition (j) of Planning Commission Resolution No. 2003-15, which shall be rescinded. (b). Conditions of approval set forth in Administrative Review Resolution No. 2003-01 (approve January 14, 2003) shall remain in full force and effect except as otherwise specified in this resolution. (c) Entertainment use is revoked and all entertainment shall cease immediately. 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: P. N. Patel, Ratan Hospitality, LLC, 1205 W. Sierra Madre Avenue, Glendora, CA 91741, and Raj Astavakra, 6226 N. Calera Avenue, Azusa, CA 91702, APPROVED AND ADOPTED THIS 14TH DAY OF APRIL 2006, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. LO -W 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 14th day of April 2006, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Nancy Fong, Secretary -N -#f a"a 0 U„`" z z 0 < z 0 < z 0 z 0 < z 0 z 0 z < OJ CL c) 2 J C) C) C) C) C) L) w LO MY z w 0 < IL < Z 0 w — CL z < 0 w < EL < Z w 0 CL < Z w 0 < z < 0 w < < Z w 0 C.04 C)o w w w w w W W< CL a- ry CL IL ry, CL ry IL IL U) >O 2E 0 � 0 :EO > 0:E 0 > 0 0 U- z OW c) z 0 LL Uz OW C) z 0 LL C) z 0 LL Z 0 U- W (.) 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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 April 6, 2006, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on April 11, 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 RoMs� Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on April 10, 2006, at Diamond Bar, California. STe-1la Marquez Community Development Department g:\\a ffi davi tposti n g. doe VOLUNTARYIrEQUEST TO ADDRIESS THE PLANNING COMMISSION � AGENDA ITEM SUBJECT: TO: Planning Commission secretary ADDRESS: � 4- S 0, -FP- 0 DATE:, �I V-�, N/I ORGANIZATION: 0 -,V SUBJECT: r 4- o --f-_,_ '('* I P 0. LA, W 2 - 19. 0 3 — 0 1 I would like to address t—he'-. a-n- 7un'g- COnvidsSion on the above stated hem. reflect my name and address aY*printed above. t. Please have the COMMISSiOn Minutes .. I Signature NOTE: AR persons may attend meetings and address the Planning Commission- This form is intender * to assist the Chairman in ensuring that all persons wishing to address the Commission wM have the opportunity and to ensure CorTect, spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRFSS TJEEE PLANNING COMMISSION AGENDA ITEM im Duj 0) SUBJECT: Planning Commission Secretary -() 0_1 DATE - : 0 ( t k� FROM: ADDRESS: .DRGANIZATIO.N: SUBJECT: 4f I would like to address the Planning Commission on the above stated item. reflect MY name and address as printed above. .1. Please have the Commission Minutes -Lr,11aLUL0 . NOTE: All persons may attend meetings and address the f Planning Commission. This form is intended to assist the Chairman in ensuring that all persong wishinz to addrf--,.z h- havp the AGENDA ITEM SUBJECT: TO: Planning Commission FRO ADD S: .-PRGANIZATION: MEMF RF N04:0 ON N �W - m OWN, np�w �Imw x. I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signae NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission Will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION T-� AGENDA ITEM SUBJECT: TO: Planning Commission Secretary FROM: gj). ADDRESS: -P (2,,o -,ORGANIZATION: 11,101.11 DATE: 0 1 - (-) f erlc C- E -4Z 9 kt4- "AJ / I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. gnature NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * 'I - SUBJECT: TO: Planning Commission Secretary F --.A DATE: 161 .DRGANL 0un-1-TRU01 I would like to. address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. '--na�tur NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission Will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUW --TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM SUBJECT: TO: Planning Commission Secretary DATE: oy—tct—ot FROM: ADDRESS: Fz<< Crcek 366 -ORGANIZATION: SUBJECT: I would like to address the plan commission Planning on the above stated item- Please have the Commission Minutes reflect my name and address as printed above. Signature NOTE: All persons may attend meetings, and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of name's in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM`„SUBJECT: TO: Planning Commission Secretary DATE: -PRGANIZATION: SUBJECT: I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name - and address as printed above. NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission Will have the opportunity and to ensure correct spelling of names in the Minutes. 111111111111111111111ilillllllllllllI 111111111 AGENDA ITEM -7 Z— SUBJECT: TO: Planning Commission Secretary FROM: DATE: ADDRESS: C -ORGANIZATION: SUBJECT: I would like to address the planning Commission on the above stated item. Please have the Commission Minutes reflect My name and address as printed above. Signatu e NOTE: Allpersons may attend meetings and address the Planning Commission, This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the Opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA rI'F-M SUBJECT: TO: P4nning Commission Secretary DATE: q/i)/ZW6 FROM: D C HoA. . .. .. .. ... F - S 7 ADD S: ORGANIZATION: SUBJECT: I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my nameand address as printed above. Signature NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY RF-QUIEST T -,a -AIjl)RFSS TIM PLANNING CO�, SION AGENDA ITEM * LL- -�, SUBJECT: TO: Planning Commission Secretary FROM: ADDRESS:�e(- -ORGANIZATION.- SR CL�p Nom DATE: L / `� � / O N A 1+VU& like to address the pj=jung Commsslon r6 On the above stated fleet MY name and address ftenz- P7,,..- L above. am Al' Persons may attend meetings and address the J, -L511&%LUfe . to assist the i Planning COMML, Chairman in ensuring that all pers ' 'Sion. have the IPPOrtunity and to ensure c persons ly�hing to address the This fOZ[intended Commission Will correct spelling of names in the Minutes. '10LUNTARY RFQUEST TO ADDRE SS THE PLANNING COAD4,gSION AGENDA ITEM J-1 SUBJECT: TO: Planning Commission Secretary DATE: FROM: ROB c-0 kAJ'C,) ADD S: C iZ St!� (<L ORG Z ATION: - Z. SUBJECT: E ,2 'L (r-�B Lrlffi—�E • I would like to address the Planning Commission on the above stated item. Please have the Commission minutes reflect my name, and address as printed above. Signature NOTE: • All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportimity and to ensure correct spelling of names in the Minutes.