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HomeMy WebLinkAbout10/24/2006PLANNING FILE COPY October 24, 2006 WORKSHOP - 6:00 P.M. South Coast Air Quality Management District/ Government Center - Conference Room CC -2 21865 Copley Drive REGULAR MEETING — 7:00 P.M. Sou th Coast Air Quality Management District/ Government Center - Auditorium 21865 Copley Drive Vice Chairman Steve Nelson Commissioner Kwan g H-al—ee- Commissioner Commissioner Commissioner Kathleen Nola Tony Tomg Osman Wei I 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 // 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 Dept of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. urease retrain trom smoKing, eating or I he City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same Next Resolution No. -2006-43 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, October 24, 2006 AGENDA. WORK SHOP: South Coast Air Quality Management District Conference Room CC 2, 21865 Copley Drive, Diamond Bar, CA CALL TO ORDER: •1/• ® South Pointe West Draft Environmental Impact Report and Project Design PUBLIC COMMENTS ADJOURNMENT: REGULAR MEETING South Coast Air -Quality Management District Auditorium 21865 Copley, Diamond Bar, CA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Vice Chairman Steve Nelson, Kwang Ho Lee, Kathleen Nolan, Tony Torng, Osman Wei 2. REORGANIZATION OF PLANNING COMMISSION., Selection of Chairman and Vice -Chairman. - 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. 4. APPROVAL OF AGENDA: Chairman OCTOBER 24,2006 PAGE 2 PLANNING COMMISSION 5. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only. , 5.1 Minutes of Regular Meeting: October 10, 2006. 6. OLD BUSINESS: None. 7. NEW BUSINESS: 7.1 Comprehensive Sign Program No. 2006-05 — Applicant is requesting approval of a comprehensive sign program for a monument and wall signs for a commercial center. Project Address: Plaza Diamond Bar 1900-2040 Brea Canyon Road Property Owner: Metro Properties, LLC 3029 Wilshire Blvd., Suite 202 Santa Monica, CA 90403 Applicant: Mr. Bill Henigsman TNT Electric Signs, Inc. 3080 E. 29th Street Long Beach, CA 90806 Environmental Determination: The City has determined that the project is Categorically Exempt under Article 19 Section 15311(a) of the State of California Environmental Quality Act (CEQA) guidelines. Recommendation: Staff recommends that the Planning Commission approve Comprehensive Planed Sign Program No. 2006-05, Findings of Fact and conditions of approval as listed within the attached resolution. 8. PUBLIC HEARING(S): None. 9. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. OCTOBER 24, 2006 IV SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: DIAMOND BAR HALL • ••••. FALL FUN FESTIVAL: ELECTION DAY: VETERAN'S RECOGNITION DAY: CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PLANNING COMMISSION MEETING: PAGE 3 PLANNING COMMISSION Thursday, October 26, 2006 — 7:00 p.m. SCAQMD/Go'vernment Center Hearing Board Room — 21865 Copley Drive Haunted House — Friday, October 27, 28 & October 31, 2006 — 6:00 — 9:00 p.m. Heritage Park, 2900 S. Brea Canyon Rd. Tuesday, October 31, 2006 4:30 p.m. — 8:30 p.m., Heritage Park 2900 S. Brea Canyon Rd. Tuesday, November 7, 2006 — Polls open at 7:00 a.m. to 8:00 p.m. Tuesday, November 7, 2006 9:00 —10:30 a.m., Diamond Bar Center 1600 Grand Ave. Tuesday, November 7, 2006 - 6:30 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive Thursday, November 9, 2006 — 7:00 p.m. SCAQMD/Government Center Hearing Board Room — 21865 Copley Drive Tuesday, November 14, 2006 — 7:00 p.m. SCAQMD/Government Center Auditorium 21865 Copley Drive MEMORANDUM DIAMOND BAR COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, Community Development Director BY: Sandra Campbell, Contract Senior Planner MEETING October 24, 2006 DATE: SUBJECT: South Pointe West Specific Plan and Draft Environmental Impact Report F--T.]Mff flawl The purpose of the workshop is to provide information to the Planning Commission on the California Environmental Quality Act (CEQA) process as it applies to the South Pointe West project and to provide information on the South Pointe West project design. As a courtesy, adjacent property owners within a 1000 -foot radius of the project were notified of the workshop. The workshop will include a question and answer period to give the public the opportunity ask questions of staff. Because this is not a public hearing, no decisions should be made on the project and conclusive statements about the project should be avoided by the Commissioners. The developer, South Pointe West, LLC, has submitted an application for the development of a vacant approximately 31.43 -acre site with 99 residential units and an approximately 4.7 gross acre public park. The project site is located south of Larkstone Drive, east of Morning Sun Avenue, and west of Brea Canyon Road, near the South Pointe Middle School. The applicant has submitted for the following entitlements for the proposed project: • Conditional Use Permit CUP 2005-01 • Development Review DR 2005-27 • Tree Permit TP 2005-06 • General Plan Amendment GPA 2005-01 • Specific Plan SP 2005-01 • Vesting Tentative Map No. 063623 Page 1 of 9 The project site is presently vacant with steeply sloped hills and ridges running along the southern and eastern boundaries, relatively flat previously graded areas occurring in the western and northern boundaries, and terraced slopes and V -ditches occurring within the central section. Several areas of the site have natural vegetation that includes, among others, coast live oaks, willow trees, and a variety of shrubs and grasses. The site borders on Larkstone Drive on the north and Morning Sun Avenue in Los Angeles County on the south. Surrounding the site on the south, west and north are developed single-family residential areas. Bordering the site on the. east is an undeveloped 53 -acre property owned by the WVUSD, a portion of which will be used as a stockpile site of the proposed project. A Draft Environmental Impact Report (DEIR) was prepared for the South Pointe West Specific Plan and Vesting Tentative Tract Map to assess the environmental impacts from the proposed project. The DEIR has been circulated for public review for 45 days beginning August 25, 2006 and ending October 9, 2006. CALIFORNIA ENVIRONMENTAL QUALITY ACT REVIEW CEQA provides an assurance that governmental decision makers consider potential significant environmental effects before taking action on a proposed project. Per CEQA Guidelines Section 15002, the basic purposes of CEQA are as follows: 1. Inform government decision makers and the public about potential significant environmental effects of proposed projects; 2. Identify ways that environment damage can be avoided or significantly reduced; 3. Prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the government agency finds the changes to be feasible; 4. Disclose to the public the reasons why a government agency approved the project in the manner the agency chose if significant environmental effects are involved. CEQA applies to all discretionary projects that are undertaken or approved by state and local governments. When the project requires approval from more than one government agency, one of the agencies must be selected as the Lead Agency, which is typically the one with the most responsibility for carrying out the project. In the case of the South Pointe West project, the Lead Agency is the City of Diamond Bar. The Lead Agency has the responsibility to prepare, or contract to prepare, the environmental documentation and analysis of the project. Once an application is received by Planning staff and it is determined that the activity is a project, the CEQA process will involve the following steps: 1. Initial Study and decision to prepare an EIR Once Staff determines it is a project and subject to CEQA, an Initial Study is prepared to determine if the project may have a significant impact on the environment. If it is clear that an EIR will be needed for a project, the Initial Study may be omitted and an EIR prepared. If the Initial Study indicates that the project may have a significant effect on the environment that cannot be reduced to less than significant levels, an environmental impact report (EIR) is prepared. For the SPW project, an Initial Study was not prepared because it was evident from the size of the project that an EIR would be needed. 2. * Notice of Preparation of an EIR Once it has been determined that an EIR is required for a project, the lead agency is responsible for sending to the Office of Planning and Research (OPR) and each responsible and trustee agency a notice of preparation (NOP) that says an EIR will be prepared The agencies and public have 30 days to send responses. For the SPW project, the NOP and notice of a scoping meeting for a project EIR were combined and- send as one notice to the proper agencies and interested public. Comments on the EIR NOP were taken at the scoping meeting and accepted by mail. - 3. Early Public Consultation and Scoping Meeting CEQA encourages early consultation with agencies or persons who may be concerned with the environmental effects of a project. Early consultation is referred to as scoping and serves to assist the lead agency in determining the scope and content of the EIR. In cases where the project has regional, statewide or areawide significant, at least one scoping meeting is required by CEQA. In compliance with CEQA, a scoping meeting for the SPW EIR for was held on December 15, 2005 to which the public and concerned agencies were invited to attend or provide comments by mail. 4. Preparation of an EIR An EIR is prepared to study in depth any potentially significant environmental impacts from the project. The EIR also contains mitigation measures and project alternatives there are developed to minimize significant environmental impacts. As defined by the CEQA Guidelines, a significant impact is a substantial, or potentially substantial, adverse change in any of the physical conditions within the project area. Physical changes reviewed under an EIR typically include the following: • Land Use Page 3 of 9 ® Population and Housing ® Geotechnical Hazards • Hydrology and Water Quality ® Biological Resources ® Transportation and Circulation ® Air Quality ® Noise ® Public Services and Facilities ® Utilities and Service Systems ® Cultural Resources ® Aesthetics The draft EIR is prepared directly by or under contract to the lead agency. In the case of the SPW, the City contracted with an outside consultant to prepare the EIR. The special technical studies for the SPW EIR, including air quality, noise, traffic, biological, and geotechnical, were prepared under the applicant's direction and submitted to the City's environmental consultant. The applicant's studies were subject to independent review by third -party reviewers contracted by the City. Third, party review is done so that the draft EIR reflects, as required by CEQA, the independent judgment of the City. ' In compliance with the CEQA, the City of Diamond Bar, as the lead agency, prepared an Environmental Impact Report (EIR) for the purpose of analyzing the direct, indirect, and cumulative impacts from the development of the South Pointe West Specific Plan (SPWSP) project site. The EIR addresses the impacts from the SPWSP and the Vesting Tentative Map and covers future development of the site with the proposed project. The SPW project reviewed under the EIR includes the 31.43 -acre site, the public park and a 7.4 -acre stockpile site located to the east of the future park site. 5. Notice of Completion and Circulation of DEIR Once a draft EIR (DEIR) is completed, a Notice of Completion is prepared and circulated to other agencies having jurisdiction over the project. The DEIR is also circulated for public review for a minimum of 45 days. Once the comment period is over, the lead agency, or lead agency's consultant, Will prepare responses and incorporate them into the final EIR (FEIR) document. The Notice of Completion for the SPW DEIR was sent to all responsible agencies (any public agency, other than the lead agency, that has responsibility for carrying out or approving a project), trustee agencies (state agencies with jurisdiction over natural resources affected by the project), and property owners within 1000 feet of the subject property. The public review period began on August 25, 2006 and ended October 9, 2006. Page 4 of 9 6. Public Review of DEIR The public review period for the DEIR allows interested parties and responsible agencies to provide comments on the document. A responsible agency or other public agency may only comment on areas of the document that are within their expertise. The comment period has closed for the SPW DEIR. Several comment letters were received from other public agencies and are being evaluated by the City at this time. 7. Evaluation and Preparation of Responses to Comments CEQA requires that the lead agency evaluate comments on environment issues and prepare a written response. The response must include detailed information on the disposition of the environmental issues raised. If the lead agency does not agree with the comment, the response must contain detailed information as to why must it was not accepted based on factual evidence. If the lead agency agrees with the comment, the EIR may be revised accordingly. The response to comments may also be contained in a separate section in the final EIR. If the changes to the EIR are significant, then the EIR is required to be recirculated. Otherwise, the comments and response to comments are incorporated into the final EIR. 8. Preparation of the Final EIR CEQA has the following requirements for preparation of a FEIR: 1 ) The comments and response to comments must be incorporated into the document; 2) It must be prepared before the project is approved; and 3) The lead agency must allow the public and commenting agencies time to review the FEIR before the project is approved, focusing on responses to comments. 9. Public Hearing and Certification of EIR The final EIR document must be reviewed and certified by the lead agency before approving the project. If significant effects have been identified in the EIR, the lead agency must make one or more of the following findings before project approval: I Changes or alterations have been included in the FEIR that reduce significant impacts to less than significant; 2) The changes or alterations are the responsibility of another public agency; and/or Page 5 of 9 3) Certain factors relating to economic, legal, social technological or other issues make it infeasible to adopt mitigation measures or project alternatives to reduce the impact. In addition if there are remaining significant impacts from the project, the public agency must balance the benefits of the project against unavoidable environmental impacts to determine if the project benefits outweigh the negative environmental impacts. To approve an EIR with unmitigated significant impacts, the public agency must make a finding referred to as a "Statement of Overriding Considerations" stating the reasons for that decision and include supporting evidence for the record. The FEIR will be reviewed concurrently with the project entitlements during the public hearings before the Planning Commission and the City Council on the project. Because the project will be ultimately approved by the City Council, after review and recommendation by the Planning Commission, the FEIR must also be adopted by the City Council. The first public hearing before the Planning Commission is expected to be scheduled for the November 14, 2006 meeting. At that time, the Commission will have the responsibility of making a recommendation to the City Council on whether or not to adopt the final EIR. 10. Notice of Determination Once a lead agency has decided to approve a project, a notice of determination (NOD) is filed within five days of project approval. For projects that require approval from a state agency, the NOD is filed with the State Office of Planning and Research and with the county clerk's office for at least 30 days. SOUTH POINTE WEST PROJECT DESIGN The project will involve the development of a master planned community consisting of 99 detached residential condominiums, 'open space areas and a neighborhood park. Project development will be gu,ided by the South Pointe West Specific Plan which contains development standards, design guidelines and a conceptual site plan for that purpose. The overall project involves clustering of the residences in the flattest areas of the site that occur primarily along the center of the site. Clustering of the homes will reduce grading of hillsides and produce more open space than would occur if the site were developed with a traditional single-family development. Site Plan The main entrance will be located at Larkstone Drive and a secondary entrance for residents only will be located on Morning Sun Avenue. Both project entrances will be gated. All of the streets within the specific plan area will be private. The main street will run from Larkstone Drive to Morning Sun Avenue with two secondary streets with cul- de-sacs running off of the main street and a third paralleling the main street. Approximately 16 acres of open space will be located along the west, east and northeast portions of the areas to be graded for the home sites. Page 6 of 9 Each residence will be detached and located on a "home site", which is the area that will be for the exclusive use of the home owner. Home sites are described in the Specific plan as encompassing the home, the front and the rear yards and a portion of the side yards. I The homeowner will have exclusive use of the rear yards, which will be enclosed with wood fencing. All of the homes will be set back a minimum of 19' from the curb or back edge of the sidewalk where provided. All homes will have garages at the front elevation. Individual driveways will be long enough to accommodate a parked vehicle. Rear yard setbacks vary from a minimum of 10 feet to a maximum of 50 feet, with approximately 15' the average setback. Minimum distances between homes are between approximately 10 to 14 feet for the majority of the homes. Overall project gross density will be approximately 3.15 units per acre. The project will have a net density of approximately 7.1 units per acre. Parking within the specific plan area will be provided as follows: Location Number of spaces Garages (two spaces/unit) 198 Driveways (two spaces/unit) 198 On -street parking 104 Total spaces 500 Pedestrians will be able to circulate throughout the site on sidewalks that occur on one side of the street. Architectural Design Four home plans are proposed for the project. The following table provides a general description of the pla.ns. Plan Quantity Floor area No. of No. of bedrooms stories A 80 3125 sf 3 4 with bonus room on 3rd floor B 7 3613 3 4 with bonus room on 3rd floor C 9 3661 3 4 with bonus room on 3rd floor D 3 3143 3 4 Page 7 of 9 The applicant has provided a variety of elevation styles for the project that can generally be described as Italian, French, Spanish and Santa Barbara. Each plan includes between two and four differently styled elevations. Al ' I sides of the homes include architectural features and details that relate to the over architectural design. All of the plans will have a vertical massing that is somewhat mitigated by the stepping back of the third story from the front facade of the home. Because of the narrow lot widths, the majority of the homes will be limited to approximately 28 feet in width, which results in the garages dominating the front elevations. In addition except for Plan C, all of the main entrances are located on the side elevations. The main entries for Plan C are located on the front fagade. The applicant has attempted to accommodate the site slopes by stepping up the rear of Plan D homes. All of the other plans will have level pads. Public Park A public park encompassing approximately 2.18 net usable acres (4.7 gross acres) will be included with the project. The park is partially on the applicant's property and partially encompasses school district property. The park is composed of an upper and lower portion and will provide both active and passive recreational uses. Project Design Issues Overall Project: The overall design of the project does not meet the intent of the City's design guidelines for the following reasons: ® The proposed development consists of three -story -high rectangular boxes with two -car garages that dominate the view of the homes from the street. As a result, the residential character is mainly one of "garagescape". • The building massing is not in proportion to spacing between the buildings. The proposed 10- to 14 -foot distance between the three-story homes is not sufficient to create a quality living environment for the residents. ® The proposed elevations are three-story boxes with architectural detailing that is not well integrated into the architectural style of the home. ® The proposed development does not promote an attractive streetscape through architectural and site planning design elements that create variety and interest. Housing units characterized by repetitious street scenes of nearly identical two- story or three-story houses are built at minimum setback lines. Generally, it requires the use of a combination of design concept solutions to achieve the goal of creating varied interesting and attractive streetscape. Staff feels that the project design can be improved by staggering building setbacks, de-emphasizing the garage by placing them side -on and in the rear of the units, pairing garages to create a larger front yard, and other design solutions. The City's design guidelines recommend that buildings relate well to the street, therefore, the three-story vertical massing directly along a residential street would Page 8 of 9 be too overpowering. Both the second and third stories should be set back significantly at the front and rear facade to help reduce massing. The project does not include usable open space for the use of the residents. Some open space areas with tot lots or picnic areas or benches would provide the residents with a better quality environment and provide relief from the tight spacing of the homes. SUMMARY A DEIR has been prepared for the project that is being presented to the Commission at the workshop for informational purposes only. The Commission is not charged with making a decision on the DEIR and project until the formal public hearing. Therefore, the Commission, may ask questions regarding the information in the DEIR and the CEQA process in general, but should withhold conclusive statements and decisions on the project at this time. The South Pointe West project is designed to provide a quality master -planned residential development with 99 single-family homes and dedicated open space. Although the project is technically a condominium project, it has been designed with detached homes with private yards to be compatible with the surrounding traditional single-family uses. As a condominium development, the project design also has the advantage of clustering to reduce site grading and preserving hillside areas. In addition, a variety of architectural elevations and styles have been provided for the homes that will improve the project aesthetically. However, Planning staff has many reservations concerning the project design and its potential to provide a quality living environment to the future residents of the specific plan area that include the streetscapes that are dominated by garages, narrow distance between buildings, architectural design and usable open space for the residents. MOMMM Agenda Item Workshop — Southpointe West Plans/attachments filed in project file MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 10, 2006 CALL TO ORDER: Vice Chairman Nelson called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL: 2. 3. 4. Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Tony Torng, and Vice -Chairman Steve Nelson. Absent: Commissioner Osman Wei Also present: - Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; Gregg Kovacevich, Assistant City Attorney, David Alvarez, Planning Technician; Kimberly Molina, Associate Engineer; Stella Marquez, Senior Administrative Assistant and Peter Lewandowski, Environmental Consultant MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. APPROVAL OF AGENDA: I As Presented. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of September 26, 2006. C/Torng moved, C/Lee seconded to approve the Minutes of September 26, 2006, as changed. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Torng, Lee, VC/Nelson None Nolan Wei PAGE 2 PLANNING COMMISSION 7.1 Development Review No. 2006- 31 — In accordance with Sections 22.48, 22.56 and 22.68 of the Diamond Bar Development Code, this was a request to add 1,041 square feet to an existing 1,499 square foot single family residence on an existing 130,251 square foot lot consisting of 2.99 acres, zoned R-1-10,000 with a consistent underlying General Plan Land Use designation of Low Density Residential (RL). PROJECT ADDRESS: 24445 Darrin Drive (Tract 42585, Lot 49) Diamond Bar, CA 91765 PROPERTY OWNER: Agustin and Zoila Agramonte 24445 Darrin Drive Diamond Bar, CA 91765 APPLICANT: GS MMedia Consulting Attn: Gregory Springer 618 Las Palmas Irvine, CA 92602 PT/Alvarez presented staffs report and recommended Planning Commission approval of Development Review No. 2006-31, Findings of Fact, and conditions of approval as listed within the resolution. There were no public disclosures offered by the Commissioners. VC/Nelson opened the public hearing. Gregory Springer, GS MMedia Consulting said he submitted the addition design and development for the Agramonte family and the addition was proposed for occupancy by the grandparents of Jose and Maria Agramonte. C/Lee asked if the owner was willing to fully landscape the property. Mr. Springer responded that the rear yard is landscaped with many fruit trees. The .only landscape proposed for removal consists of orange trees and other fruit bearing trees to accommodate the addition. The remainder of the rear yard will remain intact and the front yard is landscaped and will be OCTOBER 10, 2006 PAGE 3 PLANNING COMMISSION untouched except for ingress and egress of equipment ,and materials. CDD/Fong explained that the proposed project meets code. VC/Nelson closed the public hearing- C/Lee moved, C/Nolan seconded to approve Development Review 2006-31, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Nolan, Torng, VC/Nelson None Wei 7.2 Conditional Use Permit No. 2006-14 — In accordance with Sections 22.58 and 22.42 of the Diamond Bar Development Code, this was a request to operate an Educational/Tutorial Center for students in Kindergarten through grade 12. PT/Alvarez presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2006-14, Findings of Fact, and conditions of approval as listed within the resolution. C/Torng asked for more input regarding the apparent parking violation. The report indicated that staff visited the site several times and he wondered why staff would approve the shortage during certain hours. He felt the approval should be based on conduct rather than experience. CDD/Fong responded that typically, when shopping centers are developed the tenancy is based on speculation. Based on projected use, parking spaces are applied accordingly. For this particular shopping center the maxim ' um number of parking spaces is 218. Through the years as tenants come and go they may have more retail, restaurant or services and each type of use has a different parking ratio. As an example, a retail use calls for one parking space per 250 square feet and a private 'school requires one parking space per 200 square feet. Based on the current mix of use in the center it appears there are not enough parking spaces. However, the code allows an applicant to perform a parking analysis in order to demonstrate that there is sufficient parking because shared parking is allowed by Development Code. Based on the analysis it was determined that there were sufficient parking spaces to OCTOBER 10, 2006 PAGE 4 PLANNING COMMISSION accommodate all businesses except for a short period of time from 11:00 a.m. to 2:00 p.m. C/Torng felt it would be prudent to limit the number of students. He also felt the security of the students was a concern. C/Nolan asked if the van was transporting students and PT/Alvarez said he assumed it would be housed in the employee parking. C/Lee said he believed that generally, students 14 to 18 years of age were dropped at school by their parents and felt that parking was not an issue. However, he felt that the number of students was very important. Based on the square footage of the building how many students could be accommodated by the facility. PT/Alvarez explained that the fire department determines occupancy. CDD/Fong stated that the fire department reviews occupancy differently from the Planning Department and allow many more students. Therefore, it is appropriate to condition the project to allow for a maximum number of students per class. There were no Commissioner disclosures offered. VC/Nelson opened the public hearing. Ben Wei, applicant, said he proposed to open the facility for the benefit of the community to improve education for local students. C/Torng reiterated his concerns about student safety and limitation with respect to the number of students. Mr. Wei said his number one concern was safety of the kids. He said he would abide by the codes, the facility would be well lighted and there would be procedures for students leaving the facility. With respect to parking parents'usually drop off their children. For safety parents will be required to accompany their children upon entering and leaving the facility. With respect to limiting the number of students the benefit to the children is that they are in small classes. Increasing class sizes would defeat the purpose of providing value to the kids. Mr. Wei responded to C/Lee that he expects to accommodate about 100 students. Mr. Wei responded to VC/Nelson that the classroom is about 500 square feet and there are other areas for students and parents. Typically, parents drop Al� PAGE 5 PLANNING COMMISSION off their kids, go about their business and return in an hour to pick them up. VC/Nelson asked if it were the case the classes that included students who drove were at a lower enrollment during off-peak hours. Mr. Wei said that the peak hours are usually during the lunch hour and students usually leave by 2:30 p.m. or 3:00 p.m. However, for the most part the students will be dropped off. Kirk Ramirez, 442 Rockridge Road, stated that his child attends the Montessori school within the center and the peak hour is between 4:00 p.m. to6:00p.m. In accordance with the current uses —he felt that parking would be a problem in the center. Also, there is no drop off curb and cars must be parked or they interfere with the traffic right-of-way. VC/Nelson closed the public hearing. C/Nolan said her concern was that parents would stop in a right-of-way to let their students exit the vehicle and that the practice would impede traffic and present a safety hazard to the students because the facility is close to the street and across from a liquor store. She recommended that the parents park at the back of the building and walk their students up to the school. CDD/Fong responded to a speaker that there could be parking issues in and around certain uses. Since classes for the proposed project do not start until 2:00 p.m. the lunch crowd has for the most part departs the center and parking spaces are available. She recommended adding a condition to specify that classes would not occur before 2:00 p.m. and that the class size would not exceed 12 students to make certain that the use would not pose a parking issue to the center. Mr. Wei said that he concurred with the recommended condition. C/Torng moved, C/Lee seconded, to approve Conditional Use Permit No. 2006-14, Findings of Fact, and conditions of approval as listed within the resolution and as amended by addition of the following condition: Classes shall not occur prior to 2:00 p.m. and participation will be limited to a maximum of 12 students per class. Motion carried by the following Roll Call vote: PAGE 6 PLANNING COMMISSION AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Torng, Lee, Nolan, VC/Nelson None Wei 7.3 Conditional Use Permit No. 2006-12 — In accordance with Sections 22.58 and 22.42 of the Diamond Bar Development Code, this was a request to operate a Taekwondo studio that teaches the ancient Korean art of self- defense. PROJECT ADDRESS: 1241 S. Grand Avenue, Suite J Diamond Bar, CA 91765 A & J Sunset Village, LLC 10508 Wyton Drive Los Angeles, CA 90024 APPICANT: Young In Cheon and Ann Cheon 1129 Summitridge Drive Diamond Bar, CA 91765 PT/Alvarez presented staffs report and recommended Planning Commission approval of Conditional Use Permit No. 2006-12, Findings of Fact, and conditions of approval as listed within the resolution. C/Torng felt that this project presented the same parking situation and suggested staff consider applying a condition indicating the hours of operation. C/Torng further recommended a cap on the number of students. There were no Commissioner disclosures offered. VC/Nelson opened the public hearing. Ann Cheon said she was present to answer questions. She explained that the application should have specified six to 20 students per class. She responded to CDD/Fong that there were approximately six classes between 3:00 p.m. and 8:30 p.m. with six to 20 students per class. With respect to parking, the majority of the students are dropped off for class. The owners had a studio in the center from 1991 to 1996 and based on her experience she did not believe there would be a parking problem. OCTOBER 10, 2006 PAGE 7 PLANNING COMMISSION C/Torng asked if the applicant would agree to a 20 -student cap per class and Ms. Cheon responded that it would probably not create a problem. Ms. Cheon then asked if the applicant would have to come back to the Planning Commission for another approval if the school wanted to increase the capacity of its classes and CDD/Fong responded the applicant would have to seek a modification and staff would have to take another look at the parking analysis at that time. Ms. Cheon said it would not be a problem. VC/Nelson closed the public hearing. C/Lee said that according to the occupancy requirements set by the fire department there could be 40 students per class and he felt a cap of 20 students per class would be too restrictive for promotion of a new business. I Ms. Cheon explained the shared parking and staggered hours of businesses in close proximity to her studio. She said that in accordance with the parking analysis and from her observation she felt there would be no parking problems. Ms. Cheon responded,to C/Torng that a cap on the number of students would prevent the school from growing. C/Lee reiterated that if classes were capped at 20 students it would restrict the business and the student from participating. CDD/Fong recommended that a condition be included in the resolution that classes would be conducted beginning at or after 3:00 p.m. In addition, the project should be conditioned to require reconsideration of the Conditional Use Permit by the Planning Commission if the size of classes should contribute to parking problems. C/N I olan said she visited the site at 4:00 p.m. today and found that there was ample parking available. Unfortunately, she was waiting behind two stopped vehicles while parents dropped off their kids at the Sylvan Center. She encouraged parents to park and walk their students to class. In the case of this project she agreed that the number of students per class should not be limited at this time. C/Torng said he was confused. CDD/Fong explained that staff and other Commissioners were advising no limit to the class size. However, there would be a condition that in the event there was a parking problem due to the OCTOBER 10, 2006 PAGE 8 PLANNING COMMISSIOV number of students the Conditional Use Permit would be reviewed by the Planning Commission. C/Torng said he hesitated because he believed the same conditions should apply to this project as were applied to the previous project. The applicant said there would be six to 20 students. Since staff based its approval on a maximum of 30 students per class 30 was a reasonable cap. CDD/Fong responded to VC/Nelson that LA County approved this center. VC/Nelson felt that in order to survive, Diamond Bar should remain more flexible than the County. The County made many blunders and continues to make many blunders, hence, one of the reasons Diamond Bar incorporated. He suggested that staffs proposal would allow the City to give the business owners as much flexibility as possible without encumbering the remaining businesses in the center. C/Torng said he agreed but because this was almost the same kind of application as the previous project he did not want to impose different criteria. He asked if the Commission could change its vote to the previous similar so to impose same conditions. C/Torng asked for ACA/Kovacevich's opinion. After ACA/Kovacevich stated that staffs recommendation provided an effective method of monitoring projects. C/Torng reiterated his point that this project was similar to the previous project wherein the Commission imposed a cap on the number of students. ACA/Kovacevich responded to C/Torng that the previous project had already been approved by the Commission and they could not rescind their action at this time. C/Lee recommended that if C/Torng was adamant about imposing a cap it should be in accord with'the maximum number of participants allowed'by the fire department. C/Nolan felt that it was in the City's best interest to support a proven business owner and to not impose a cap so that the business owner could grow his business. However, she agreed with staff's recommendation for reconsideration of the CUP if the parking became problematic based on the number of students. C/Nolan moved, C/Lee seconded to approve Conditional Use Permit No. 2006-12, Findings of Fact, and conditions of approval as listed within the resolution subject to the addition of the following conditions: I)Classes shall PAGE 9 PLANNING COMMISSION be conducted on or after 3:00 p.m., and 2) if there is a parking problem the Conditional Use Permit could be subject to review. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Wei 7.4 Vesting, Tentative Tract map No 54081; Zone Change No. 2006-02/ Planned Development; Mitigated Negative Declaration No. 2006 Conditional Use Permit No. 2002-18; Variance No. 2006-02 and Tree Permit No. 2002-13 — In accordance to the Subdivision Map Act, City's Subdivision Ordinance —Title 21, Development Code — Title 22, Sections 22.14* 22.58, 22.22, 22.54 and 22.38, the proposed project is a 22 -lot subdivision on a site of approximately 12.9 acres. It would provide for the development of 16 single-family detached homes on individual parcels ranging in size from approximately 5,705 square feet to 10,506 square feet. The proposed project would include: the construction of private streets, graded pads, manufactured slopes and retaining walls; an easement for a public pedestrian trail in a portion of proposed open space areas; and the removal of a portion of existing vegetation. The current zoning of the project site is R-1-10,000. The Zone Change to RL/Planned Development Overlay provides for compliance with the General Plan land use designation and maximum flexibility in the site planning and design, thereby allowing smaller lots in order to retain more open space within the project boundaries. The Conditional Use Permit relates to grading and development within a hillside area. The Variance relates to retaining walls that are proposed at a height greater than six feet. The Tree Permit relates to the removal, replacement and protection of oak and walnut trees. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: Southern Terminus of Crooked Creek Drive Diamond Bar, CA 91765 Daniel Singh Jewel Ridge, LLC 10365 W. Jefferson Boulevard Culver City, CA 90232 19i #CTOBER 10, 2006 PAGE 10 PLANNING COMMISSICW AssocP/Lungu presented staff's report and recommended Planning Commission adoption of a resolution recommending City Council approval of Mitigated Negative Declaration No. 2006-03, Zone Change No. 2006-02/ Planned Development Overlay District No. 2006"01, Vesting Tentative Tract Map No. 54081, Conditional Use Permit No. 2002-18, Variance No. 2006-02 and Tree Permit No. 2002-13. C/Torng asked for clarification of the number of units per acre as being three instead of four or five. CDD/Fong responded that the three units per acre requested via the zone change conform to the City's General Plan designation for low density residential. In addition, the purpose for the Planned Development Overlay is to allow for flexibility in the development standards and density. However, the density will not exceed what the General Plan allows. In short, this allows for preserving more than 30 percent of the land area as Open Space with the transference of density to the more developable portion of the parcel. AssocP/Lungu responded to C/Torng that this project is an entire subdivision and the City would not be able to change the zoning for a particular lot. C/Torng asked why there was a discrepancy in the tree replacement number from 98 in the initial study to 73 (Page 9) in the final study. Also, the initial study called for 2:1 replacement rather than 3:1 replacement. AssocP/Lungu responded that the applicant suggested a 2:1 replacement; however City code calls for a. 3:1 replacement. C/Torng said the study referred to dead or dying trees and wondered if that was the reason for the 73 instead of 98. AssocP/Lungu responded that replacement was based on the number of living trees. AssocP/Lungu said she would review the numbers. C/Torng said he was concerned about the variance request for up to a 10 - foot retaining wall for hillside development and asked if there was a rule of thumb for approval. CDD/Fong responded that this was a variance and the Planning Commission would have to make findings in order to support the variance. C/Nolan disclosed that she spoke with staff about the proposed project prior to tonight's meeting for purposes of clarification only. There were no other Commissioner disclosures offered. OCTOBER 10, 2006 PAGE 11 PLANNING COMMISSION Ron Brown, RDC, Asset Manager for Jewel Ridge Estates, 159 South Waverly Drive, Alhambra, thanked the Commission for the opportunity to present the 16 -lot residential development proposed project. Mr. Brown outlined the history of the proposed project. The subject property consists of approximately 13 -acres and the maximum allowable density is 30 -units. As previously stated, the proposed project is 16 units to be located in the already disturbed area that is relatively flat. The existing zoning is R-1- 10,000 and the total grading quantities to develop the subject property is 98,000 cubic yards. Approximately two-thirds of the site will remain as undeveloped Open Space. During the past four years of pursuing this project, the City's Planning staff critiqued at least 12 different proposals. The initial project was for 26 units, which was reduced by *response to City Planning comments. The preliminary vision for future houses is 2800 square feet and prices ranging from the high $800,000's to the low $900,000. He strongly noted that the zone change request was consistent with the City's General Plan and was not being requested to allow for increased density, rather to allow for a smaller development that preserves more Open Space than would otherwise be allowed under the existing zoning. In addition, the density was less than the density of the surrounding development. The applicant and staff held a meeting with the surrounding community to illicit input of the -proposed project prior to staff presenting the project to the Planning Commission this evening. Daniel Singh, Jewel Ridge, LLC, 10365 W. Jefferson Boulevard, Culver City, CA 90232 presented an overview of the project from its initial submittal to its present iteration and presided over the power point presentation. C/Lee asked if the applicant planned to build more houses in the future or if 16 units would be the maximum. Mr. Singh responded that the application was for 16 units and that was the maximum number projected. C/Lee expressed concern because he did not want the applicant to build more houses. C/Lee asked if staff could lock this project into 16 units only because the pad was designed for future houses. He also asked why the applicant asked for a 10 -foot retaining wall. CDD/Fong explained that this was a Vesting Tentative Tract Map meaning that the proposal for 16 -units was legal and could not be changed to increase the number of lots. Conversely, the applicant could reduce the number of lots but would have to come back to the Planning Commission to seek such a reduction. The Open Space lots will be deed restricted to Open Space. He asked the applicant if he was willing to reduce the height of the retaining wall to six feet and redesign the trail. Mr. Singh said that a redesign to six feet would require two PAGE 12 retaining walls instead of one retaining wall. Therefore, it would result in one six-foot retaining wall and one four -foot retaining wall and whatever design was proposed would be plan checked and approved by the City. C/Torng said he felt residents would be concerned about the view impact and asked if the trees would be planted on the upper side. Mr. Singh explained that the conditions of approval include a condition whereby the City controls the plantings. Therefore, staff would not allow a permit to be issued unless there was a buffer or screening mirroring that proposed in the renderings. CDD/Fong explained that staff imposed a condition of approval requiring landscaping between the retaining walls. This is a conceptual map and prior to recordation of the Final Map the applicant is required to provide a detailed landscape plan that staff will verify the compliance with the conditions of approval. C/Torng felt the area presented fire danger and asked the applicant to elaborate on his plan for fire prevention. Mr. Singh explained that currently hillside access is constrained and the only access is from the north. By opening the development, additional access is provided to areas that were difficult to access prior to the development. Furthermore, the applicant is required to provide a 200 -foot buffer, fire resistant plantings and so forth as conditioned. C/Torng asked the applicant to elaborate on the flood zone situation. Mr. Singh responded that the proposed development is in a higher elevation than the existing stream and channel so there is no issue because the water would flow downhill. The applicant submitted a hydrology report indicating the water flow that staff reviewed and in addition, there will be an additional hydrology report based upon the grading plan and such issues will be dealt with throughout the permit process. VC/Nelson opened the public hearing. Lucy Robinson, 3636 Crooked Creek Drive, said she strongly opposed the proposed project. She lives on the side of Crooked Creek that faces the retaining walls that would be viewed from her yard. The vegetation that they have enjoyed is quickly disappearing. In addition, there is a safety issue for the children with the removal of the cul-de-sac. Fire is another issue of concern because increased development presents additional fire issues. She said she was also concerned about potential sliding in the area of the development. PAGE 13 PLANNING COMMISSION Greg Shockley; 3711 Crooked Creek Drive,. (west side of the street opposite the development) asked the ' ,Planning Commission to look at the aerial photograph off of the GIS on the D.B. website and ask for a transparency of the modified graded area. The majority of the existing trees will be gone and adjacent neighbors will be looking at modified slopes. Additionally, the proposed 10 -foot retaining wall is a combination of three six-foot retaining walls. The retaining walls will be an excellent surface for bouncing freeway noise into his and his neighbor's front yards. Freeway noise is so bad in his backyard now that it is difficult to carry on a conversation. The subdivision is about 12.9 acres and has the capacity to accommodate 53 lots of 10,000 square feet each. He said he would rather have houses randomly interspersed among the 12 acres. The residents of Crooked Creek will receive absolutely no benefit from the proposed development. The variances are proof that the applicant could not use the land without heavy modification. He asked the Commission to take a closer look at this project before making its decision. Jeff Layton, 3703 Crooked Creek Drive, agreed with what Mr. Shockley stated and said that in addition he was looking at this project as a quality of life issue for the people who live on Crooked Creek Drive. He was concerned about the height of the retaining wall across from his property and the noise that would be reflected off of the wall. Also, the wall will appear massive from eye level. How long will the new trees last and will they act as a noise buffer? He heard there would not be a gate at the end of Crooked Creek and wondered if it could be instituted following approval? The loss of the natural trees will be a huge negative impact on the area. He also had concerns about fire access and trail access and felt it would not happen if a gate were allowed at the end of the street. He was also concerned about traffic from 19 additional houses that would feed through what used to be a cul-de-sac. Eleanor Reza, 3748 Castle Rock Road, said that as a 19 -year resident she has enjoyed the "country hillside setting" and wildlife in her backyard that directly abuts the -channel draining into Brea Canyon and where the development is proposed. Since living in Diamond Bar she has seen quite a bit of housing development and loss of wildlife habitat. Should the proposed housing development occur her new backyard view would be of a six-foot retaining wall. She asked when it might be a good idea to stop approving PAGE 14 PLANNING COMMISSION housing developments in the City. A recent quote from the Diamond Bar City Newsletter (June 2006) states: "one of the best features of D.B. is that it is surrounded by rolling hills and open space. However, that means that the City is in a careful balance with nature, wildlife such as Coyote's, Mountain Lions and Bobcats." She asked if the careful balance with native wildlife meant eliminating their habitat and have there been any wildlife impact surveys done for this project. Steven Greenhut, 3622 Crooked Creek Drive, said that one of the main reasons he and his family moved to the' cul-de-sac about eight years ago was for the hillsides and although he did not relish the thought of a new development he supported the project because he did not believe that City officials should stop people from building within approved zoning and within the General Plan. The applicant is seeking variances but is building far fewer houses than allowed underthe current zoning. When he moved to the City, Mr. Greenhut did his due diligence and discovered the property was zoned for three houses per acre and he and his wife agreed they could live with such a project. His specific concern was the maintenance of the 10 -foot areas behind his side of the street and the beginning of the retaining walls. A homeowner at 3723 Crooked Creek Drive, said she was happy about the area. She paid extra for the last lot and the views. Also, her children play in the cul-de-sac and there is no traffic passing by her house. She was very concerned and fearful about a big change to her house and the additional traffic in the area. People have been driving tractors over her front walk to get the equipment into the lot to grade streets and the winds blow a lot of dust toward her house. Mr. . Shockley said he was not opposed to development on the property but felt it would be prudent for the applicant to build in accordance with the property by using step footings, multi-level housing and so forth rather than proposing extensive grading and tree removal. George Wong, 20880 Gold Run Drive, said he was not too concerned about the development but he was concerned about the increased traffic. It appeared to him that the only egress was via Crooked Creek Drive and as such, if he lived on Crooked Creek he would be against the development because there was no other exit. OCTOBER 10, 2006 PAGE 15 PLANNING COMMISSION Art Melendez, 3710 Crooked Creek Drive, concurred with previous speakers about the traffic, noise and dust. There area lot of kids that play out in the street because it is safe. With trucks and more traffic going through the area it will create a safety hazard and he believed the City would have to consider installing speed humps or other traffic calming devices. He said he opposed the project. Joy Tweed, 21155 Running Branch Road, said she agreed with everyone who spoke about problems of ingress and egress for the housing development off of Brea Canyon. She was concerned that any increase in the number of vehicles would create further problems. She moved to Diamond Bar in 1971 and at that time the slogan was "Country Living" in Diamond Bar With the arrangements of the high retaining walls she can no longer consider it country living. She believed that with the intelligence of the building staff there was a strong possibility that this project could be reviewed to limit the size of the area. She said she would like to have the applicant provide a park in the area for the children as a trade-off to the project. James Eng, 20935 Running Branch Road, concurred with most of the speakers about the traffic. During peak afternoon hours it is difficult if not impossible to turn into his neighborhood and he believed the City should take a closer look at the traffic pattern in the area, Mr. Singh responded to public speakers. He stated that a noise study was conducted that analyzed the future potential noise generated by the project once the project was completed. The noise report concluded that there would be no significant impact to the community. Regarding the proposal and variances, the initial application did not include a zone change and two of the variances. The requested changes are in fact a trade-off resulting in a smaller development envelope and larger open space. Again, the property has a General Plan designation and by allowing a smaller development a trade off is a large open space that is protected in perpetuity. To the speaker who talked about a transparency, a biological report was completed, a transparency was done and habitats were identified and the impacts as a result of the development were identified with the information contained in the Mitigated Negative Declaration. Of course there are trees that will be removed but the mitigation calls for replanting those trees at a 3:1 ratio. In addition, the applicant is required to ensure and guarantee the survival of the OCTOBER 10, 2006 PAGE 16 PLANNING COMMISSION trees for the ensuing five years. A gate was originally proposed. Pursuant to the community meeting staff is recommending that no gate be installed and the applicant has agreed. Currently, there is no trail. However, the development will provide for a future trail. Four surveys were completed and the City's consultant verified the accuracy of the surveys. The 10 -foot area behind the wall between the Crooked Creek residents and the project area can be addressed during the process of completing the CC&R's for the homeowners association with language to require that the homeowner's association be required to maintain the 10 feet. Dust control and other mitigation measures are proposed to include watering and no grading should winds exceed a certain velocity. A traffic report was completed and reviewed by the City's consultant who found that no adverse impacts would result upon completion of the project. A park project has been conditioned for the applicant to pay a Quimby fee, which will be set aside for future parks contemplated by the City. Additionally, 70 percent of the project will be permanently protected as Open Space. VC/Nelson closed the public hearing. C/Lee asked the applicant to comment on rights of view. Mr. Singh stated that staff is very cognizant of views. ' As such, staff conditioned the project to provide lower walls and provide screening. In addition, staff directed the applicant to flip the houses closer to the existing residences to lessen their visibility and ensure heavy planting between the tiers to mitigate the second wall. C/Lee asked the applicant to comment on the loss of the cul-de-sac "playground" and whether the applicant intended to develop a portion of the open space as a small park or play area. Mr. Singh reiterated the City's ordinance that the applicant is required to contribute to Quimby funds and the City decides the appropriate locations for its parks. C/Nolan said she empathized with residents about preserving the landscape of the community. She lives opposite Crestview and the residents lost a group of trees that were called the "dog trees" when the area developed. She visited the site today and could not find the street for the project. She said she would like to visit the site in order to see what the residents will view. She referred to a remark about vegetation — walls with cells and vegetation growing off of the cells. She asked where the reference could be found and if it was intended to reduce noise. Mr. Singh explained that the retaining wall was a decorative wall with cells that have.vegetation growing OCTOBER 10, 2006 PAGE 17 PLANNING COMMISSION out of them to camouflage the walls and blend them into the existing environment. The walls are directly opposite the current homeowners. To many of the residents the area is already visually blocked because there is currently a wall behind the property. The areas that residents view are the upper elevations of the proposed site that will be maintained as open space and generally undisturbed. C/Nolan asked if there is an "owner's right to view?" CDD/Fong responded that the City does not have a view protection ordinance. To C/Torng's question about the size of the houses, Mr. Singh reiterated that the average house would consist of 2800 square feet two-story house with an average of 1500 square foot pad coverage. From the applicant's standpoint the City was trying to balance the natural area. The original project called for grading 60 to 70 percent of the natural envelope. The City tried to limit the project to the area that was already being disturbed and that is how the plan evolved and that i ' s the reason for the zone change. Conversely, the project now impacts only 30 percent of the area with 70 percent remaining undisturbed. The current Crooked Creek residences sell for about $500,000 - $600,000 and the proposed project incorporates houses selling in the $800,000-$900,000 range. CDD/Fong responded to C/Torng that the applicant is building 16 homes and is required to pay park fees t ' that will be used to improve or expand existing parks. There will be no new park in the area. In order to create parks there must be land available for parks. C/Torng believed that even small traffic impacts should be considered drastic impacts due to the volume of traffic. Otherwise, there would be no mitigation and benefit for the community. He supported the residents concerns about traffic impacts. Peter Lewandowsky, Environmental Impact Services, the City's consultant, stated that all of the comments from the community were specific and germane to the project. Relative to traffic, there are a number of issues. The primary focus of the traffic analysis looked at internal circulation, ingress/egress, street right-of-way and turnaround, etc. to make sure that those features were sufficient to accommodate the project. The 16 vehicles will generate about 160 trips per day. Relative to the traffic volumes in the area it is a small number in the overall context of traffic and as a result, the traffic analysis did not look beyond the project site. In short, the study did not OCTOBER 10, 2006 PAGE 18 PLANNING COMMISSIOR pass the threshold standards for traffic analysis for traffic signals and turning movements beyond the site. He concurred that it was a significant impact to the residents on Crooked Creek and concurred with the heartfelt comments of residents who feared the project might change the character of the street. With respect to safety, additional traffic along the roadway should prompt residents to consider the safety of the children, an enforcement issue related to the traffic enforcement agency to ensure traffic volumes are maintained. The development will result in a secondary point of emergency access in the event that emergency ingress and egress is required for fire reasons. There is no mechanism relative to the current procedures and methodologies with which traffic is assessed to impose significant threshold criteria. C/Torng said the residents of Crooked Creek, Running Branch and Gold Run experience significant traffic issues and wanted staff to think about it. C/Torng said he was concerned about the 25 percent grade and wanted to know if the pictures depicted reality. Mr. Singh confirmed that the picture was taken using a 3D model of the existing topography and it is an exact replica of the existing conditions. There are steep slopes in the area but those slopes are not being developed. The area being developed is relatively flat. Mr. Singh stated that the applicant would be open to considering a proportionate share for traffic mitigation. During the community meeting similar issues were raised and M/Herrera said that the City had adopted signalization at one of the intersections and the project would be willing to contribute its fair share. Mr. Singh responded to C/Torng that the project is conditioned to mitigate for noise issues by providing blocks with vegetation to prevent the noise bouncing back and forth. CDD/Fong and Mr. Singh confirmed to C/Torng that there would be no gate and that there would be a turnaround at the project entrance to mitigate the safety concern. VC/Nelson said he agreed with Mr. Lewandowsky that all concerns were valid. However, from his perspective he identified most closely with Mr. Greenhut's statement that he in no way wanted to restrict or take away the applicant's rights to the fair and reasonable use of the property. However, it was his obligation and duty to do everything possible to make it OCTOBER 10, 2006 FOR�# PLANNING COMMISSION as good a project as possible in consideration of the neighbors' concerns and the concernsofthe community at large. To that end, he cannot act on this project until he sees an actual artist's rendering of the views of the property, the grading that will take place and what it will do or not do to the hillside from the SR57. He said he could not agree more with Ms. Tweed that "Country Living" was the theme in the City. He is a realist and knows where the City is heading. Nevertheless, it is a hillside that has always had special meaning as an entry view into the City. Secondly, he did not believe he could act on the project until he had artist's renderings of the views from the back yards that would be affected. Further, he is not at all comfortable with the oak tree and walnut tree and woodland mitigation. As it is currently presented it appears to be deferred mitigation. He cannot read the documentation as it currently exists and feel comfortable that potentially significant impacts to oak trees and oak woodlands and walnut trees and walnut woodlands can be mitigated to less than a significant level in terms of the number of trees proposed to replace current trees under the ordinance as well as the acreage of the communities those trees provide. As an example, in 1976 he and others ' prepared the 1976 Significant Ecological Area Study for the LA County General Plan and this hillside was designated as part of the SEA area. In 2000 his firm prepared an update an , d saw no reason to remove it from that category. He believed. that there was ecological value and he wanted to feel comfortable that it could be mitigated. He wanted to know what if anything could be done for the trees that are claimed to be "dead and dying" because the Department of Fish and Game says that "dead and dying" trees are in fact habitat for a whole suite of species and he did not want those simply "written off." He also wanted the applicant to find a similar property as a commitment to part of the plan. With respect to the landscape plan he would like to use vegetation that was usual to the area — local or indigenous rather than like a garden - it should look like the surrounding hillside and function as an extension of that. He asked if the vines were intended for the gridlock and Mr. Singh responded affirmatively. VC/Nelson said he was not prepared to advise a good replacement but said that most vine species are highly invasive and he would not want to create a situation that would allow vines to creep into undisturbed woodlands and take over. He recommended that the applicant consult a restoration ecologist who might have an idea *about how to replace the vines. PAGE 20 PLANNING COMMISSION Mr. Singh pointed out that most of the trees had been removed as a result of the slopes and not of the development and did not see a reason for offsite mitigation requirements. The project should be able to mitigate on-site. VC/Nelson said that if the applicant could replace the trees on a 1:1 basis and duplicate the community and replace the 73 trees at 3:1 and do something on the "dead and dying" trees such as a 1:1, replacement it would be acceptable to him. CDD/Fong felt that.30 days might not be sufficient time for the City's consultant to review the plans. In addition she had not verified that the applicant could provide the artists rendering in 30 days. C/Torng and C/Lee asked for input with respect to the retaining wall and whether a redesign was appropriate or possible. C/Torng moved, C/Lee seconded to re -open the public hearing. Without objection, the motion was so ordered. VC/Nelson moved, C/Lee seconded, to continue the public hearing to November 28, 2006, with notices of the continued public hearing mailed to residents within 1000 feet of the project. The purpose of the continued public hearing was to allow the applicant sufficient time to respond to Commissioners' concerns. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VC/Nelson, Lee, Nolan, Torng None Wei 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee welcomed Commissioner Nolan. C/Torng commended staff on its support and commended staff for bringing forward the Jewel Ridge project. He welcomed Commissioner Nolan. C/Nolan thanked her colleagues for welcoming her and said she looked forward to working on the Commission. VC/Nelson welcomed C/Nolan and thanked staff for wonderful staff reports. OCTOBER 10, 2006 PAGE 21 PLANNING COMMISSION 9. STAFF COMMENTS/INFORMATIONAL ITEMS. 9.1 Proiect Status Report Update. 9.2 Public Hearing dates for future projects. CDD/Fong stated that she hoped to schedule a workshop for today. However, due to the absence of C[Wei the JCC Development workshop was postponed to October 24 as recommended by the City Attorney. The workshop will commence at 6:00 p.m. prior to the regular Commission meeting. Dinner will be served for the Commissioners between 5:30 p.m. and 6:00 p.m. with the location tentatively set for Room CC -2. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Nelson adjourned the meeting at 10:23 p.m. Attest: Respectfully Submitted, Nancy Fong Community Development Director Steve Nelson, Vice Chairman CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: (,-- i MEETING DATE: October 24, 2006 CASE/FILE NUMBER: Comprehensive Sign Program No. 2006-05 PROJECT LOCATION: Plaza Diamond Bar . 1900-2040 Brea Canyon Road APPLICATION REQUEST: Approval of a comprehensive sign program for monument and wall signs for a commercial center. PROPERTY OWNERS: Metro Properties, LLC 3029 Wilshire Blvd., Suite 202 Santa Monica, CA 90403 APPLICANT: Mr. Bill Henigsman TNT Electric Signs, Inc. 3080 E. 29th Street Long Beach, CA 90806 STAFF RECOMMENDATION: Staff recommends conditional approval of Comprehensive Sign Program No. 2006-05 F--YTT40M• � The property owner, Metro Properties, LLC, is requesting approval of a Comprehensive Sign Program for Plaza Diamond Bar. The commercial center is located on the southeast corner of Brea Canyon Road and Pathfinder Road. the commercial center is approximately 4.83 acres and is developed with one and two story buildings. The types of businesses in the commercial center consist of retail, restaurants, offices and services. In October 2004, the two story office building in the center was destroyed by fire. In 2005, the reconstruction of the building began. The building is almost completed and staff anticipates that the final inspection will occur in approximately 30 days. With the new building almost complete, new tenants will be leasing space and there will be a need for wall signs. As a result, the property owner has prepared the proposed Comprehensive Sign Program. Additionally, the property owner would like to upgrade all existing signs. ANALYSIS: A. Application and Review Authority (Sections 22.36 and 22.44) A Comprehensive Sign Program is requires Planning Commission review and approval. B. Site and Surrounding General Plan, Zoning and Use Site General Plan Zone Uses Project Site OP C-2 Retail/Services/ Offices/Restaurant North PA-4/SP RPD -10,000-6U Single Family Homes South -- RL & OS RPD -10,000-6U Single Family Homes East RL R-1-8,000 Single Family Homes & 57 Freeway West LFamily OP & OS CPD & RPD -10,000-6U Commercial Uses & Single Homes The purpose of a Comprehensive Sign Program is to integrate signs with the design of the structures and achieve a unified architectural statement. For multi - tenant sites, a Comprehensive Sign Program is a means for flexible application of sign regulations that encourage creativity and provide incentive and latitude in the provisions of multiple signs without circumventing the sign regulations. Page 2 CSP2006-05 The proposed Comprehensive Sign Program consists of monument signs and wall signs which comply with the City sign standards. 1. Monument Signs: Type Quantity Size Location Meets Proposed Code Center ID 1 Height: 3 ft; Sign face Corner of ' Brea Yes area: 15 sq. ft. Canyon Rd. & Pathfinder Rd. Business ID 3 Height: 6 ft.;Sign face 2 -- Brea Canyon Rd. & Yes' area: 33.27 sq. ft. 1 - Pathfinder Rd. An existing monument sign for Chuck E Cheese located on the Brea Canyon Road side of the commercial center will remain. Because the restaurant is a separate building, the sign code allows a separate monument sign. Furthermore, the commercial center had a pole sign adjacent to the freeway ramp prior to the fire. It has been removed permanently. a. Lighting, Materials and Colors: The proposed monument signs will be internally illuminated. The face of the monument signs will be fabricated from aluminum and the base will be faced with black marble veneer. Channel letters identifying the commercial center will be bronze in color. The background colors will be a combination of pale beach and rock `n' oak. Cornices and scored aluminum will be used to accent the sections of the sign face. Tenant copy will be burgundy color over vinyl. b. Architectural, Material and Color Integration: Architectural elements (i.e., cornice, moldings, scored surface, etc.) applied to the face of the monument signs are used on the reconstructed building and fagade remodeling of the other buildings. Marble veneer used for the sign base will be applied to the front entry of the reconstructed building. The color palette of pale beach and rock W oak used for the monument signs along with warm butterscotch will be used for the building colors. Therefore, the proposed monument signs are in keeping with the new architectural theme of the commercial center. Page 3 CSP2006-05 2. Wall Siqns: Each tenant will be allowed one wall sign. Wall sign will be internally illuminated and channel letters. Tenants without nationally recognized fonts will be required to use the following fonts: Bauhaus HV BT; Clarendon Blk BT or Fritz Quadrata Bold. Letter colors will be at the discretion of landlord, business ownerandthe City. -Sign- face area and sign placement is in compliance with the City's sign code. The written sign criteria attached as Exhibit "A" incorporates graphics that delineate these details. 3. Additional Review:, The Building and Safety Division and Public Works Department have reviewed the Comprehensive Sign Program. Their recommendations are within the attached draft resolution. 4. General Plan, Desiqn Guidelines and Compatibility with Neighborhood General Plan Strategy 3.2.7 discusses that a precise concept for adequate signage, including provisions for sign placement and quantity as well as sign scale and readability be an integral part of the sign concept for a commercial development. Furthermore, signs should be integrated into the overall site and architectural design theme of commercial development. As discussed above under Architectural, Material and Color Integration, the proposed Comprehensive Sign Program is in compliance with the General Plan. Pursuant to Development Code Section 22.36, a Comprehensive Planned Sign Program does not require a public hearing. It only requires Planning Commission approval.. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15311(a), the City has determined that this project is categorically exempt. Staff recommends that the Planning Commission approve Comprehensive Planned Sign Program No. 2006-05, Findings of Fact and conditions of approval as listed within the attached resolution. Page 4 CSP2006-05 Prepared by: Review 4 a, i f1l, A, f k TEM --A �7 K I J I nqJ. Lu4u" C-KCy 06611,101. Assbciate Planeer' Community',001M - M Ill, a 0 Attachments: 1. Draft Resolution of Approval with required findings 2. Exhibit "A" — Sign Criteria (text, site plan, elevation, photos, and colors and materials); and 3. Aerial. Page 5 CSP2006-05 PLANNING COMMISSION RESOLUTION NO. 2006 -XX I Lei z E912 9: I:1:J W-11 NZI I ZECIfiellyllivil 6-1.1 [a] 0 M JJM :YAJ Z a -A •FAL CERTER LOCATED AT -1-W1211 C-411 BOULEVARD, DIAMOND BAR, CALIFORNIA (APN:8765-001 -0 008, 009 AND 010). RECITALS. 1. The property owner, Metro Properties, LLC, and applicant, TNT Signs, Inc., have filed an application for Comprehensive Sign Program No. 2006-05 for property located at 1900-2040 Brea Canyon Road, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Comprehensive Sign Program shall be referred to as the "Application." 2. Pursuant to Development Code Section 22.36, a Comprehensive Sign Program review does not require a public hearing. However, it does require Planning Commission approval. i 3. On October 24, 2006, the Planning Commission of the City of Diamond Bar conducted a meeting on the Application. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: I 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 Environmental Categorical Exemption has been prepared by the City of Diamond Bar in compliance with the requirements of the California Environmental Quality Act (CEQA) of 1970 and guidelines promulgated thereunder, pursuant to Article 19 Section 15311 (a) (Accessory Structures; On -premise signs). Furthermore, the Categorical Exemption reflects the independent judgment of the City of Diamond Bar. 3. Based on the findings set forth herein, this Planning Commission hereby finds and concludes as follows: (a) The application applies to property located at 1900-2040 Brea Canyon Road (southeast corner of Brea Canyon Road and Pathfinder Road). The project site is presently improved with a commercial center identified as Plaza Diamond Bar. (b) The project site has a General Plan land use designation of Professional Office (op). (c) The zoning of the project site is Neighborhood Business (C-2). (d) Generally, the following zones and uses surround the project site: To the north and south is the RPD -10,000-6U zoning district consisting of single-family homes; to the east is the R-1-8,000 zoning district consisting of single-family homes; and to the west is- the CPD and RPD -10,000-6U zoning district consisting of commercial uses and single-family homes. (e) The application request is to approve a Comprehensive Sign Program for monument signs and wall signs for the subject commercial center and to. upgrade the design and quality of signs. Additionally, the existing pole sign located adjacent to the freeway ramp prior to the fire in October 2004 has been removed permanently. I Comprehensive Sign Program (f) The proposed Comprehensive Sign Program consists of a sign criterion for monument and wall signs for Plaza Diamond Bar. All monument signs comply with the development standards for monument signs with regards to quantity, height, sign face area and location. Architectural elements (i.e., cornice, moldings, scored surface, etc.) applied to the face of the monument signs are used on the reconstructed building destroyed by fire and fagade remodeling of other buildings. Marble veneer used for the sign base will be applied to the front entry of the reconstructed building. The color palette of pale beach and rock'n' oak for the monument signs along with warm butterscotch will be used for the building colors. All proposed wall signs comply with development standards for wall signs with regards to quantity, sign face area, not covering more than 80 percent of the sign band area of each leasing unit and location. An existing Chuck E Cheese monument sign located on the Brea Canyon Road side of the commercial center will remain. Because the restaurant is a separate building, the sign code allows a separate monument sign. Furthermore, the commercial center had a pole sign adjacent to the freeway ramp prior to the fire. It has been removed permanently. Therefore, proposed Comprehensive Sign Program satisfies the 04 purpose of Chapter 22.36 of the Diamond Bar Development Code and the intent as Section 22.36.060, (g) As referenced in Item (f) above, the proposed Comprehensive Sign Program will enhance the overall development by providing a consistent sign theme that is architecturally compatible with the commercial structures on-site and by providing a sense of order and u n ity. (h) The proposed Comprehensive Sign Program accommodates future revisions in that minor changes can be approved by the director and major changes may be approved by the Planning Commission. Additionally, the program allows tenants choices of colors and letter styles. However, the program establishes appropriate sign controls in a manner that maintains a high quality of sign development throughout the City. (i) As referenced in Item (f) above, the proposed Comprehensive Sign Program complies with the Development Code standards for signs land will enhance the overall commercial center by repeating the architectural design and theme of the commercial center in the design of the signs. 4. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to compliance with the following conditions: a. GENERAL (1) The project shall conform to the Comprehensive Sign Program No. 2006-05 labeled as Exhibit "S", as submitted and approve by the Planning Commission and as amended herein. (2) All signs shall comply with signs standards within the Development Code. (3) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Comprehensive- Sign Program No. 2006-05 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees. (4) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. (5) The approval of Comprehensive Sign Program No. 2006-05 shall expire within one year from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. b. SITE DEVELOPMENT (1) All monument signs shall be setback 10 feet from the ultimate right-of-way and shall not block any traffic safety areas. (2) Damage to any buildings due to the removal and installation of signs shall be repaired and painted to match existing. (3) Prior to final inspection, applicant shall provide a landscape area equal to twice the area of one face of the sign at the base of all monument signs. (4) If Chuck E Cheese, the tenant for 1900 Brea Canyon Road, is no longer a tenant, the monument sign for the new tenant shall match the approved monument signs within Comprehensive Sign Program 2006-05. If Chuck E Cheese changes or removes the existing monument sign, the new monument sign shall match the approved monument signs within Comprehensive Sign Program 2006-05. C. BUILDING AND SAFETY DIVISION (1) Signs shall conform to State and local building codes (i.e., 2001 edition of the California Building Code and 2001 edition of the National Electric Code). . (2) Wall sign attachment shall be engineered to meet wind loads of 80 mph with an exposure "C". (3) Exposed electrical conduit shall not be allowed. 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 Metro Properties, LLC, 3029 Wilshire Blvd., Suite 202, Santa Monica, CA 90403 and, TNT Electric Signs, Inc., 3080 E. 29th Street, Long Beach, CA 90806. ' 1 A off 1:1 WI -11 011011101 LeX011611110TH M".1.1 lefflikiffel = MOURKE11 KdOelz NJETINTIMilk HIJ M Steve Nelson, Vice 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 24th of October 2006, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Nancy Fong, Secretary M 01819 01831 �G�'YIEW WINDOWS 95/98/2000/NT' midd}I��id a<t�a t' hot`lTag, i'! u Scale 1:10693 U-0 E 0 a� o� � o � o N r-+ O bA cd 15 o o o.'pt a" � U cn «3 cd bA N S� �r In p� �"' U co bA O •.� � VUQV1��W -+NMd bD bA bA bA bD bq bb d M 00 00 01 N M OMO O 0 k Q Cj O� M C.P CJ] N 03C� -. W Cd O N 'b , Cd U N CCS Cd U M a 79 Cd CCS U M -U, Cd 0 = C� OU U W Cd W W bA ^ O N O U N H O p p U p i N00 •� O i/] M�� bA� � R2O p S� N A N•� U ,z O� u t::Q � ow N ;d y •o � ca U m a ca � A ect p � cst �' � ea UW v UW U UW Plaza Diamond Bar Tenant Sign Criteria This sign criteria has been established for the purpose of assuring an outstanding commercial center to the mutual benefit of all tenants. Conformance will be strictly enforced. Any installation of non- conforming or unapproved signs shall be brought into conformance at the expense of the tenant. 1. Each Tenant shall submit to the Owner/Landlord, drawings to be reviewed for conformance with this sign program and overall design quality. Approval or disapproval of sign submittals based on aesthetics of design shall remain the sole right of the Owner/Landlord. 2. Each Tenant shall submit for approval, in Owner's/Landlord's sole and absolute discretion, before fabrication at least three (3) copies of detailed drawings on an eleven inches by seventeen inches sheets (11" x 17") indicating the location, size, layout design and color of the proposed signs, including all lettering and/or graphics, prior to submitting to the City of Diamond Bar for review and approval. 3. All permits for signs and their installation shall be obtained and comply with local planning, building, and electrical codes. These permits shall be obtained by Tenant or Tenant's representative prior to installation. 4. Tenant's sign contractor will be responsible for obtaining all required city approvals. 5. No exposed lamps, crossovers, conduits, conductors, transformers or similar devices shall be pennitted. 6. All Tenants must have installed approved signs before opening for business. 7. Any damage to the building fascia or sign area resulting from the installation or removal of any sign by Tenant will be repaired by the Owner/Landlord at the Tenant's expense. 8. All signs shall meet U.L. specifications. 9. Tenants shall be responsible for the fulfillment of all the requirements and specifications set forth in this sign criteria. B. GENERAL SPECIFICATIONS 1. Tenant's sign contractor shall have C-45 license and be insured by an admitted carrier for the total aggregate of $1,000,000.00 (One million dollars) and provide proof acceptable to Owner/Landlord that Owner's/Landlord's is named as an additional insured on the certificate ofinsurance. 2. No projection above or below the sign will be permitted. Sign must be within dimensional letter limits as indicated in this sign program. 3. Tenant shall be responsible for the installation and maintenance of it's sign. 4. Tenant shall be fully responsible for the operations of the Tenant's sign contractor. 5. Tenant's sign contractor shall repair under Owner/Landlord supervision, any damage caused by installation. 6. Electrical service to all signs will be connected to Tenant's electrical meter. C. CONSTRUCTION REQUIREMENTS 1. No labels will be permitted on the exposed surface of signs, except those required by local ordinance, which shall be placed in an inconspicuous location. 2. Design, layout, and materials for tenants signs shall conform in all respects with the sign design drawings included with this sign program. 3. All penetrations of buildingstructure required for sign installation shall be sealed in a watertight condition and shall be patched to match adjacent finish. 4. All signs shall be individually internally illuminated with 30 MA neon gas system. 5. The interior of sign shall be painted glossy white. 2 D. DESIGN SPECIFICATIONS 1. Tenants will be allowed to fabricate channel letters in Owner's/Landlord's sole and absolute discretion. 2. Channel letters to be fabricate from either sheet metal or aluminum pan channel construction. 3. Tenants maximum letter height shall not exceed twenty-four inches (24") high facing a street or parking lot and thirty-six inches (36") high facing a freeway 4. Colors are subject to owner's approval. Owner/Landlord at Owner's/Landlord's discretion will review all signs with the intention of varying the sign colors and letters style of the adjacent signs on a case by case basis. Logo cans shall be permitted only at the discretion of the Owner/Landlord and not to exceed twenty-five percent (25%) of the sign area. 5. Tenants without nationally recognized fonts will need to pick one of the following font styles: Bauhaus HV BT, Clarendon Blk BT and Fritz Quadrata Bold. 6. Tenants with a nationally recognized logo's will be allowed there font style and colors. But, will adhere to all other regulations within this criteria. 7. Acrylic plastic face with three -fourth inches (3/4") trim cap edge. 8. Letter sides to be finished in automotive enamel finish over pruner undercoat. 9. Letter interior to have white reflective paint finish for even lighting. 10. Letter to be mounted on exterior side of wall. Electrical system to be contained in transformer box with flex crossovers on interior wall. I W1 01 TW -3 0 TG N R HT Bauhaus HV BT 0 TENANT Quadrata Bold E. SIGNAGE ALLOWED FOR BUILDINGS 1900-2040 1. All buildings will adhere to the following height and square footage restrictions. 2. All buildings with frontages facing a freeway will have a thirty-six inches (36") high letter height. Twenty-four inches (24") high letter height for frontages facing a street or parking lot with street visibility. 3. Tenants on the first floor of any building will be allowed 1.25 Sq. Ft. of sign area for each lineal front foot of lease space with no more than sixty square feet (60 Sq. Ft.) of sign area. Tenants on the second floor of any building will be allowed one square foot (1 Sq. Ft.) of sign area per each lineal front foot of lease space with no more than sixty square feet (60 Sq. Ft.) of sign area. 4. Tenants with space on a second (2nd) floor (Building 1930) will be allowed signage on the tower facing the freeway and parking lot (East & North Elevation). Square foot of sign area will be calculated at one square foot (1 Sq. Ft.) of sign area per each lineal front foot of lease space. Sixty square feet (60 Sq. Ft.) of sign area imaximuin. 5. Each Tenant will be allowed one (1) sign per elevation. 6. All Tenants requesting non -illuminated signage will be reviewed on a case by case basis. The Owner/Landlord and the City of Diamond Bar reserve the rights to disapprove any such signage. Building 1900 • Chucky Cheese presently occupies this building, with signage facing (West Elevation) Brea Canyon (Monument sign which is four feet -four inches high by five feet -four inches wide and six feet approximate overall height (4'4"x 5'4"x 6'0")). Facing the parking lot (South Elevation) and the freeway (East Elevation). • All signs are grandfathered in. • All new Tenants will need to adhere to the specifications set forth in this sign criteria. 8. Building 1930 -Two (2) Story Building (See Exhibit Page 5 & 6) • Existing signs on tower of building will be remove and replaced with Tenant signage. Three (3) Tenants per each side of tower will be allowed. One (1) line of text per Tenant. One - Hundred Eighty Square Feet (180 Sq. Ft.) of sign area will be allowed per side. • No other signage on building will be allowed unless approved by Owner/Landlord and the City of Diamond Bar. 9. Building 1950 • All signage on existing building will be grandfathered in. • All new Tenants will need to adhere to the specifications set forth in this sign criteria. 10. Building 2020 • All signage on existing building will be grandfathered in. • All new Tenants will need to adhere to the specifications set forth in this sign criteria. 11. Building 2040 (New Building) • All Tenants will need to adhere to the specifications set forth in this sign criteria. • Tenants that have frontage facing the freeway will be allowed the specifications within this sign criteria. Tenants on the second (2nd) floor will be allowed a thirty-six inches (36") high letters and no more than sixty square feet (60 Sq. Ft.) of sign area. • Tenants with sign area on the first (1S) floor facing the freeway will be allowed twenty-four inches (24") high letters and no more than sixty square feet (60 Sq. Ft.) of sign area. 0 F. MONUMENT SIGN IDENTIFICATION Specifications and amount of monument signs will proceed as follows: 1. One (1) single face internally illuminated project ID Monument Sign on the corner of Brea Canyon and Pathfinder. • Sign is two feet high by fifteen feet wide and three feet -two inches approximate overall height (2'0"x 15'0"x 3'2"). • Sign to be fabricated from aluminum. • Sign face to be fabricated from .063 Aluminum. Copy to be routed out with half inch (%i") pushed thru acrylic with second (2nd) surface Bronze #3630-129 vinyl overlay. • Base to be fabricated from frame and poured concrete with a marble the veneer overlay applied to the outside of base. Marble color and shape is tied into building. 2. Three (3) double face internally illuminated monument signs. (Note: See Site Plan for location) • Sign is three feet -four inches high by eight feet wide and six feet approximate overall height (3'4"x 8'0"x 6'0"). • Sign faces to be fabricated from three -sixteenth inches (3/16") thick lexan with first (l') surface vinyl overlay for Tenant copy. All Tenant copy to be of Burgundy Vinyl #3630-49. • Project ID to be fabricated from aluminum. Copy to be routed out with half inch ('/z") pushed thru acrylic plastic with second (2nd) surface Bronze #3630-129 vinyl overlay. • Base to be fabricated from frame and poured concrete with a marble the veneer overlay applied to the outside of base. Marble color and shape is tied into building. G. MISCELLANEOUS REQUIREMENTS 1. Each Tenant shall be permitted to place upon each entrance of its premises not more than one - hundred forty-four square inches (144 Sq. Inches) of White vinyl applied lettering not to exceed two inches (2") in height, indicating hours of business, emergency telephone numbers and other similar identification. 2. Address lettering will be per city codes in accordance with specifications to be supplied by Owner/Landlord. 3. Except as provided herein, no advertising placards, banners, pennants, names, insignia trademarks or other descriptive signs or materials shall be affixed or maintained upon the glass pane supports of the show windows and doors, or upon the exterior walls of the building, without the prior written approval of the Owner/Landlord and the City of Diamond Bar. 4. No projections beyond the sign area will be permitted. The sign area is to be within the limits as indicated by the Owner/Landlord and this sign program. 5. No aminated, flashing, or audible signs will be permitted. 6. Immoral or Unlawful Advertising: Tenant shall not exhibit, post or display, upon any sign, anything of an obscene indecent, or immoral nature or unlawful activity. 7. Vehicle Sign: Signs on or affixed to trucks, truck beds, automobiles, trailers, or any other vehicles which advertise, identify, or provide direction to use or activity not related to its lawful making of deliveries of sales or merchandise or rendering of services from such vehicles, is prohibited. 8. Tenant sign contractor will be liable for repairs and any work damaged by their activity. 9. The entire display shall be guaranteed for one year against defects in materials and workmanship. Defective parts shall be replaced without charge. 10. Any signs not in conformance with these rules and all governmental regulations will be rejected and removed at the Tenant's expense. 11. Tenants signs installed without approval from the Owner/Landlord and the City of Diamond Bar and/or the issuance of building permits may be cited by city code enforcement. 31 H. EXCEPTIONS Exceptions to the above may be submitted for review to the City of Diamond Bar. Before any such submittal, all changes must be approved by the Owner/Landlord. 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Y ti �/x Q� % n.. . . ........... . . ........ . ............ ----- - ---------_--- Neig 1143VOINIOIN S3S33H:) 3)1:DnH:) ONIISIX3j 91 :30vd Project Meeting Schedule CITY OF DIAMOND BAR r f. l—r 9e 9nnF COMMUNITY DEVELOPMENT DEPARTMENT PLANNING COMMISSION REVIEW PROJECTS Project Location = `Case # FM Applicant =. PC 10/24/06 CC 1;1!7/06. PC 11 /14/06 CC 11121 /06.. PC 11128/06 CG 1275106 ' 1900-2040 BREA CANYON ROAD CSP 2006-05 AJL TNT ELECTRIC SIGNS X Plaza Diamond Bar 1600 GRAND AVE. CUP 2006-02 AJL VERIZON PH Wireless at Diamond Bar Center 1425 SUMMITRIDGE - Diamond Bar Center CUP 2006-03 DR 2006-16 AJL OMNIPOINT COM. T-MOBILE/NEXTEL PH Wireless co -location SOUTH POINTE WEST - VTTM 063623 SC/ JCCL SOUTH POINTE PH LARKSTONE DRIVE GPA 2005-01 NF WEST, LLC (99 Single Family Homes and Public Park) SP 2005-01 TP 2005-06 CUP 2005-05 DR 2005-06 DA 2005-01 LLA 2005-03 TERMINUS AT CROOKED CREEK VTTM 54081 AJL DANIEL SINGH Cont. PH 19 Lot residential/ subdivision ADMINISTRATIVE REVIEWS Project Location Case # L r` r P'M A !!cant rPp., ... , NONE PENDING PROJECTS Project Location Case # ., :;r° QPM `$ r Rppllcant s Stafius . _ .. - 526 BELLOWS DR 2006-21 AJL GUNN APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — Addition MCUP 2006-11 WAITING FOR ADDITIONAL INFORMATION 693 ARM ITOS Remodel and addition of 2nd story) DR 2006-35 MCUP 2006-12 DA :KUPE PROCESSING — THIRD SUBMITTAL (Tentatively scheduled 11/14/06 Plan nin .Commission meeting) 1336 BRIDGE GATE (Medical offices) DR 2005-32 AJL KAISER MEDICAL APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION LEGEND PH = PUBLIC HEARING X = NON PUBLIC HEARING Project Meeting Schedule CITY OF DIAMOND BAR Page 2 -r., -rvri r,nnannrr ncono-rnnGnrr October 24, 2006 �,vivuvwrv� ucv�w�-� , •, • • ... - . PENDING PROJECTS (continued) Project Location - ase-,, A leant = _.;:., `. rs . - ` Status' - 1200 CHISHOLM TRAIL DR 2006-19 LDM/AJL LEE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION CITYWIDE DCA 2006-01 AJL DEVELOPMENT CODE PROCESSING AMENDMENT CLEAR CREEK CYN/ TTM 06166 AJL AKBAR OMAR APPLICANT NOTIFIED OF WAITING FOR ADDITIONAL INOORMATION MPLETE PNIEW PILANS TO MONUMENT CYN TM 2005-02 familyresidential BE SUBMITTED BY DEVELOPER. 5 -lot single DR 2006-13 LDM/AJL GEORGE MIDLEY APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 2366 CLEAR CREEK LN. (Demo and rebuild single family residence 150 DIAMOND BAR BL. (Demolish and rebuild gas station) CUP 2006-02 DR 2006-05 CSP 2006-01 SC CHEVRON PRODUCTS APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 206 DIAMOND BAR BL. (Remodel/addition of car wash) ZC 2005-02 CUP 2005-07 DR 2005-36 AJL SHELL APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION SR 2005-32 2828 DIAMOND BAR BI. CSP 2006-04 SC MCC CAPITAL PROCESSING (Country Hills Towne Center VAR 2006-04 signage) DR 2006-02 LDM/AJL CHIEN YEH APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 23655 FALCONS VIEW (Demo of and construction of new single family residence) DR 2006-25 VAR 2006-01 LDM/AJL LEU APPLICANT NOTIFIED OFMPLETE PLICATION — WAITING FOR ADDITIONAL INFORMATION 1948 FLINT ROCK New three story residence (New 20627 GOLDEN SPGS #1-0 Acu uncture/Acu pressure Clinic CUP 2006-10 AJL BYUNG DO LIM APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION 22324 GOLDEN SPGS CUP 2006-11 SC HIDDEN MANNA PROCESSING (Calvary Church - Additions) DR 2006-32 CSP 2006-03 - 757 GRAND CSP 2006-02 SC TARGET PROCESSING Monument/wall signs) 2260 INDIAN CREEK (Single family residence) DR 2006-28 AJL DEREK LEE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION Project Meeting Schedule CITY OF DIAMOND BAR Page 3 nf+ hor 9A 9nns COMMUNITY DEVELOPMENT DEPARTMENT PENDING PROJECTS (continued) Project Location -- Case # APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — 2461 INDIAN CREEK DR 2006-39 New Single Family Residence TP 2006-09 21324 PATHFINDER DR 2004-33 Gas station remodel WAITING FOR -ADDITIONAL INFORMATION 2201 PEACEFUL HILLS CUP 2006-05 (Wireless LKS ..facility) 23121 RIDGELINE DR 2006-18 new single family residence 2151 RUSTY SPUR DR 2006-26 New single family residence APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — 2695 SHADY RIDGE DR 2005-21 WAITING FOR ADDITIONAL INFORMATION LKS 24142 SYLVAN GLEN - CUP 2006-01 Peterson Park DR 2006-01 (Expand telecommunication facility).,.,_. 24142 SYLVAN GLEN - DR 2006-36 Peterson Park Second wireless on ole 3015 WAGON TRAIN DR 2003-27/ (Extension of time) TP 2003-08/ MCUP 2004-02 20405 WALNUT DR 2005-34 arehouse/retail building) 3028 WINDMILL DR 2006-34 (New single family residence) es - i LKS I MOHAMAD SALIMNIA SC INEXTEL PROCESSING APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION APPLICANT WITHDRAWN AJL HGUI APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING..FOR ADDITIONAL INFORMATION LDM/AJL STEVEN HSIEH — GRACE APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — COUNTRY DEV. WAITING FOR -ADDITIONAL INFORMATION LKS XLART GROUP APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION LKS CINGULAR APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION LDM I ROYAL STREET COM. I PROCESSING. AJL LAUREN PARK APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION AJL LAMPS PLUS APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING FOR ADDITIONAL INFORMATION LDM/AJL YOUNG PROCESSING NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On October 24, 2006, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center - Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. 1, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On October 19, 2006, a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on October 24, 2006, was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Center 1600 Grand Avenue Diamond Bar, CA 91765 Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Ave. Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct.. Executed on October 19, 2006, at Diamond Bar, California. 2A Stella Marquez Community Development Department gA\affidavitposfing.doc