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HomeMy WebLinkAbout11/28/20001W T ovember 28, 200-0 • P.M* South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA Chairman Steve Nelson Vice Chairman Bob Zirbes Commissioner George Kuo Commissioner ,%e Ruzicka Commissioner Steve Tye Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title /I of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at.(909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. C( I^•UkIYiNTY¢Y �a8g Please refrain from smoking, eating or The City of Diamond Bar.uses recycled paper drinking in the Auditorium and encourages you to do the same rUJDJ.tk, alvJFv 1 The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and .questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a 'subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the. posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by. the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every ,meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909)396-5676 between 8:00 a.m. and 5:00 p.m., Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909)396-5676 email: info@ci.diamond-bar.ca.us Next Resolution No. 2000-25 PLANNING COMMISSION CITY OF DIAMOND BAR Tuesday, November 28, 2000 AGENDA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman Bob Zirbes, George Kuo, Joe Ruzicka, and Steve Tye. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary(Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning;.Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes: None. 5. OLD BUSINESS: None' 6. NEW BUSINESS: None. -Azste11a\a-enda\nov28 2000.doc NOVEMBER 28, 2000 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARING: 7.1 Conditional Use Permit No. 99-4 Minor Conditional Use Permit No. 99-9 Originally approved on August 10, 1999, to allow for the operation of a restaurant with outdoor dining, the sale and on-site consumption of alcoholic ` beverages and entertainment (i.e., dancing with a DJ, Karaoke, guitarist, ,.folk singer, and comedy nights) at the location referenced below. In accordance with Condition No. 50) of Resolution No. 99-19, a periodic review of the Conditional Use Permit and Minor Conditional Use Permit is required to assure compliance with conditions of approval and to consider whether to modify, add conditions as necessary, or revoke the permit. Municipal Code Section 22.76.020 authorizes the City to schedule a public hearing before the Planning Commission to consider modification or revocation of a Conditional Use Permit. (Continued from October 10, 2000.) Project Under Review: Platinum Restaurant 245 Gentle Springs Lane (Parcel 1, Parcel Map No. 15547) Diamond Bar, CA 91765 - Property Owner: SX Diamond Bar 259 Gentle Springs Lane Diamond Bar, CA 91765 Applicant: Chris Pierce 245 Gentle Springs Lane Diamond Bar, CA 91765 Environmental . Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15321(a)(2), the City has determined that this project is categorically exempt. - Recommendation: It is recommended that the Planning- Commission direct staff as appropriate. 7.2Draft 2000-2005 Dousing Element (under the authority of Government Code Sections 65091(x)(3) and 65588,(b)(5)) for the.periodic review and revision to. the City of Diamond Bar General Plana (Continued from November 14, 2000.) Six elements comprise the City's General Plan, which was adopted in July 1995 (pursuant to Governmental Code 65300). The General Plan is a comprehensive document establishing goals and strategies to fulfill the community's vision for its future. The Draft 2000-2005 Housing Element proposes goals and programs to meet od 2000-2005 for the the City's anticipated housing needs through planning peri NOVEMBER 28, 2000 PAGE 3 PLANNING COMMISSION Southern California Association of Governments (SCAG) region and as required to be completed not less than at five-year intervals. Project: Draft 2000-2005 Housing Element (GPA No. 2000-01) Address: Citywide Applicant: City of Diamond Bar, 21660 E. Copley Drive, Diamond Bar, CA 91765 .Environmental Determination: -Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is consistent with the previously certified General Plan Environmental Impact Report and Addendum certified July 25, 1995 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15168(b)(2) of Article 11 of the. California Code of Regulation. Therefore, no further review is required. Recommendation: ,Staff recommends, that the Planning Commission close the public hearing and adopt a resolution recommending City Council approval of General Plan Amendment (GPA No'. 00-01) for the draft 2000-2005 Housing Element. 8. PUBLIC HEARING: 8.1 Conditional Use Permit No. 2000-02, and Development Review No. 2000-20 (pursuant to Code Sections 22.58.020, 22.42.130 G, and 22.48.020) are requests to co - locate a telecommunications facility on an existing monopole approved on January 25, 1993,.b y Conditional Use Permit. No. 92-11. The request also includes an equipment cabinet, utility pedestal and concrete pad for both. Project Address: Diamond Bar High School 21400 Pathfinder Road Diamond Bar, CA 91765 Property Owner: Walnut Valley Unified School District SZQO Cnnth T mmrin Ovarnia Environmental Determinations Pursuant to the provisions of the California Environmental Quality Act (CEQA); Section 15301(b), the City has determined that this project is categorically exempt. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2000-02, and Development Review No. 2000-20, Findings of Fact, and conditions of approval, as listed within the resolution. 8.2 Development Review No 2000-17 Minor Conditional Use Permit No. 2000-20 (pursuant to Code Sections 22.48.020.A(1), 22.42.060 and 22.58) is a request to construct a two-story, single family residence of approximately 17,532 square feet, with balconies, porch, patio and detached five -car garage and limousine garage with a guesthouse. Project Address: 2889 Vista Court (Tract No. 47850, Lots 17 and 18) Diamond Bar, CA 91765 Property Owner: Diamond Bar West, LLC 3480 Torrance Boulevard, Suite 300 Torrance, CA 90503 Applicant: Richard Gould 3480 Torrance Boulevard, Suite 300 Torrance, CA 90503 Environmental Determination: Pursuant to the provisions. of the California Environmental Quality Act (CEQA), the City has determined that this project is consistent with the previously certified Environmental Impact Report No. 91-2 for Tract Map No. 47850. Further review is not required. - - Recommendation: Staff recommends- that the Planning.: Commission approve Development Review No. 2000-17, Minor Conditional Use Permit No. 2000-20, Findings of Fact, and conditions of approval, as listed within the resolution. 9. PLANNING COMMISSION COMMENTS: . 10. INFORMATIONAL ITEMS: 10.1 Public Bearing dates for future projects. NOVEMBER 28, 2000 PAGE 5 11. SCHEDULE OF FUTURE EVENTS: PLANNING COMMISSION HOLIDAY DIAMOND RIDE: November 24 — January 2, 2001 Free door to door taxicab service to and from any commercial/retail center in the City to all residents (must be least 18 years old, or accompanied by an adult.) CITY COUNCIL MEETING: Tuesday, December 5, 2000— 6:30 p.m. AQMD Auditorium 21865 E. Copley Drive ADMINISTRATIVE REVIEW: Tuesday, December 12, 2000 - 6:00 p.m. MEETING: AQMD Auditorium 21865 E. Copley Drive PLANNING COMMISSION Tuesday, December 12, 2000 — 7:00 p.m. MEETING: AQMD Auditorium 21865 E. Copley Drive TRAFFIC AND. TRANSPORTATION Thursday, December 14, 2000 - 7:00 p.m. COMMSSION MEETING: AQMD Board Hearing Room 21865.E. Copley Drive PARKS AND RECREATION Thursday, December 28, 2000 — 6:00 p.m. COMMITTEE MEETING: AQMD Hearing Board Room 21865 E. Copley Drive 11. ADJOURNMENT: i VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM *,_ SUBJECT: C ��► r c5 r�-�-- tM t -t- " TO: Planning Commission Secretary DATE: FROM: ADDRESS: t `''-)h Z L.lq27 RD _ ORGANIZATION:3 SUBJECT: 21 I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. ' ture NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMIVIISSION Signature NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure' correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM * % SUBJECT: u TO: Planning Commission Secretary DATE: FROM: j a7/;C/- 6/I'l ADDRESS: ;..ORGANIZATION: SUBJECT:i�- Gf{� I would like to address the Planning Commission on the above stated item. Please have the Co reflect my name and address as printed above. Commission Minutes NOTE: -- G All persons may attend meetings and address the Pla 777 to assist the Chairman in ensuringthat all Planning C°� ion. This form is intended have thea eons wishing to address the Commission will opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMIVIISSION AGENDA ITEM *_ SUBJECT:��, TO: Planning Commission Secretary DATE: .e .116. ORGANIZATION: SUBJECT: I would like. to address the Planning Commission on the above stated item. Please have the Commission Minutes refect my name and address as printed above. NOTE: Signature . All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all nersons wishinw to gdr1rPcc the VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA ITEM SUBJECT: TO: Planning Commission Secretary DATE: FROM: P614 Ing, . a� 6 ftl_v A� 6 e C 2 ORGANIZATION: SUBJECT: I would like to address the Planning. Commission on the e above stated item.. Please have the Commission Minutes reflect my name and address as printed above. Signature NOTE: - All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in -the Minutes. VOLUNTARY REQUEST TO ADDRESS. THE PLANNING COMMISSION AGENDA ITEM SUBJECT: TO: 'Planning Commission Secretary DATE: Ci 6:> FROM: ADDRESS: ORGANIZATION: )-d". a - SUBJECT: V I would like to address the Planning Commission on n the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature NOTE: All persons may attend meetings and address the Planning Commission. This form is intended to assist the Chairman I in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure -correct spelling of names in the. Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMISSION AGENDA rrFm -SUBJECT: TO: Planning Comniis'Secretary DATE: FROM ORGANIZ) 611110-31 65 I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signa Mre NOTE: All persons may ay attend meetings and address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and. to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS TBE PLANNING COMMISSION AGENDA ITEM SUBJECT: TO: Planning Commission Secretary FROM: ADDRESS: ORGANIZATION: 9W I would like to address the Planning Commission on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. Signature NOTE: All persons may attend meetings and address the Plamimg Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE PLANNING COMMM][SSION I would like to address the I Planning Commission on the above stated item. 'Please have the Commission Minutes reflect my name and address as printed above. Z YL, F. Signature NOTE: All persons may attend meetings and address the Planning Commission. This form is -intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in'the Minutes. 'VOLUNTARY REQUEST TO ADDRESS TEIE PLANNINGCOMMISSION ADDRESS: ORGANIZATION: L7 SUBJECT:. ( "11_t i, .. l Lam; rAK 1 ,&0 r.._ eTn fl I would like to address the Planning Commission: on the above stated item. Please have the Commission Minutes reflect my name and address as printed above. i nature NOTE: All persons may attend meetings and. address the Planning Commission. This form is intended to assist the Chairman in ensuring that all persons wishing to address the Commission will have the opportunity and to ensure correct spelling of names in the Minutes. AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROJECT/PROJECT LOCATION: PROPERTY OWNERS: APPLICANT: BACKGROUND: City of Diamond Bar Staff Report ME November 21, 2000 November 28, 2000 Conditional Use Permit No. 99-4 and Minor Conditional Use Permit No. 99-9 Planning Commission review of the operation of a restaurant approved on August 10, 1999, with outdoor dining, entertainment and on-site consumption of alcoholic beverages Platinum Restaurant 245 General Springs Lane (Parcel 1, Parcel Map No. 15547) Diamond Bar, CA 91765 SX Diamond Bar 259 General Springs Lane Diamond Bar, CA 91765 Chris Pierce 245 General Springs Lane Diamond Bar, CA 91765 The Planning Commission on August 10, 1999 approved conditional Use Permit No. 99-4 and Minor Conditional Use Permit No. 99-9. The approvals allowed an existing vacant restaurant to reopen as "Platinum" and provided outdoor dining, the sale and on-site consumption of alcoholic beverages and entertainment. As specified in the Planning Commission Resolution Condition No. 5 (e), "Entertainment shall only included dancing with a DJ, Karaoke, guitarist, folksinger and comedy nights. Dancing shall occur only within the restaurant structure and in designated dance floor areas as delineated on the restaurant floor plan. Entertainment of any kind shall not occur within the outdoor dining area". The Planning Commission began its review of this matter on October 10, 2000. The Commission continued the public hearing in order for the staff and restaurant operator to respond to requests for information. Pursuant to Code Section 22.76.020 and Condition No. 5 (j) of Planning Commission Resolution No. 99-19, the City is conducting a periodic review of the approved project identified as Platinum Restaurant. Code Section 22.76.020 indicates that the appropriate review authority shall hold a public hearing to consider relocation or modification of an application, permit or entitlement granted in compliance with provisions of the Development Code. Condition No. 5 0) of Planning Commission Resolution No. 99-19 states "To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit and Minor Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Conditional Use Permit and Minor Conditional Use Permit may be reviewed by the Planning Commission and additional operational conditions may be added or revocation of permits may occur". Therefore, the City is exercising its authority granted by the Development Code and the Planning Commission's resolution to conduct the periodic review. In correspondence dated September 13, 2000, the City notified the applicant, Chris Pierce and the property owner, SX Diamond Bar that the PlanningCommission would be scheduling a public hearing regarding Platinum Restaurant on October 10, 2000. The purpose of the public hearing is to conduct a periodic review and to consider whether to modify conditions of approval or revoke Conditional Use Permit No. 99-4 and Minor Conditional Use Permit No. 99-9. At the conclusion. of the October 10, 2000 Planning Commission meeting, the Commission requested that the staff review parking requirements from other jurisdictions. Please review the attached report from our consultant. Our Development Code permits the Planning Commission to determine the appropriate number of parking spaces for any use necessitating a discretionary permit. According to the Development Code it is required that one parking space for every 75 square feet of gross floor area for patrons, plus one parking space for each 100 square feet of outdoor dining be provided and one parking space for every 300 square feet of service area. A total of 96 parking spaces were required for Platinum Restaurant. Approximately 108 parking spaces are provided within close proximity of the restaurant structure, which was considered adequate. To the According to Parcel Map No. 15547, the project site is considered one parcel (Lot 1). Lot 1 contains the Best Western Hotel and the Platinum Restaurant. Since this is considered one site, there is no reciprocal parking agreement. Lot 1, with both uses, is owned by the same property owner which is SX Diamond Bar. Because Platinum Restaurant appears to be operating more like a nightclub then a restaurant, the required parking for a nightclub use is overwhelming for the project site. Therefore, parking on site can not be accommodated for the nightclub and hotel (which provides approximately 290 parking spaces). Based upon the applicant's representation of the Platinum Restaurant, the 108 parking spaces provided by the Platinum Restaurant property would have been sufficient. Since parking requirements within the Development Code are based on use, not occupancy, the use represented by the applicant would not have exceeded the available parking on the restaurant site. The Los Angeles County Sheriff's Department will provide the Commission with an updated report regarding calls for service and incident reports related to the Platinum Restaurant. As of this writing the Los Angeles County Fire Department has not given a final approval to Platinum Restaurant. Although the business operator has been working closely with the Fire Department, the matter of an appropriate occupancy load calculation is not yet resolved. On September 30, 1999, a temporary Certificate of Occupancy for the bar area was issued. This would allow the applicant to open the bar for business, thereby allowing the applicant to generate some revenue while completing the remodeling of the restaurant area. However, a final Certificate of Occupancy has not been issued for the building. 2 The Commission asked for clarification regarding who is responsible for the calculation and determination of an appropriate building occupancy. It has been determined that the responsibility is exercised jointly between the Building Official and the Fire Department working in cooperation with one another. Los Angeles County issues business licenses for the City of Diamond Bar. According to Los Angeles County, Platinum Restaurant has applied for a public eating and entertainment license on July 13, 1999. When a final sign -off is obtained from the Fire Department and the City's Building and Safety Division, a public hearing will be scheduled by Los Angeles County business license to determining whether or not a business license shall be issued for public eating and entertainment. Conclusion Pursuant to the Development Code and Condition No. 5 0) of the Planning Commission Resolution, the Commission has the authority to periodically review this project, modify conditions, revoke the permit, or conclude it's review and simply received and to file the staff report. RECOMMENDATIONS: Staff recommends that the Planning Commission consider the following options / alternatives: 1. Consider modifications to Conditional Use Permit No. 99-4/Minor Conditional Use Permit No. 99-9; 2. Consider revoking Conditional Use Permit No. 99-4/Minor Conditional Use Permit No. 99-9; or 3. Conclude the review; receive and file the report. Attachments: 1. Planning Commission Staff Report dated October 10, 2000 2. Planning Commission Minutes dated October 10, 2000; 3. Correspondence from LDM Associates, Off Street Parking Study dated November 19, 4. Three postcard type advertisements for Platinum Club. SLT14VIARY s Pursuant to Code Section 22.76.020 and Condition No. 5 (j) of Planning Commission Resolution No. 99-19, the City is conducting a periodic review of an approved project identified as Platinum Restaurant. Code Section 22.76.020 indicates that the it City of Diamond Bar. PLANNING COMMISSION. _ Staff Report AGENDA ITEM NUMBER: 7.1 REPORT DATE: October 6, 2000 MEETING DATE: October 10, 2000 CASE/FILE NUMBER: Conditional Use Permit No. 99-4/Minor Conditional Use Permit No. 99-9 APPLICATION REQUEST: Planning Commission periodic' review of the operation of a restaurant approved on August 10, 1999 with outdoor dining, entertainment and on-site consumption of alcoholic beverages PROJECT/PROJECT LOCATION: Platinum Restaurant 245GeneralSprings Lane (Parcel 1, Parcel Map No. 15547) Diamond Bar, CA 91765 PROPERTY OWNERS: SX Diamond Bar 259 General Springs Lane Diamond Bar, CA 91765 APPLICANT: Chris Pierce 245 General Springs Lane. Diamond Bar, CA 91765 SLT14VIARY s Pursuant to Code Section 22.76.020 and Condition No. 5 (j) of Planning Commission Resolution No. 99-19, the City is conducting a periodic review of an approved project identified as Platinum Restaurant. Code Section 22.76.020 indicates that the it appropriate review authority shall hold a public hearing to consider relocation or modification of an application, permit or entitlement granted in compliance with provisions of the Deve i lopment Code. Condition No. 5 (j) of Planning Commission Resolution No. 99-19 states (Attachment No. 1) "To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit and Minor Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Conditional Use Permit and minor Conditional Use -Permit may be reviewed by the Planning Commission and additional operational conditions may be added or revocation of permits may occur". Therefore, the City is exercising its authority granted by the Development Code and the Planning Commission's resolution to conduct the periodic review. BACKGROUND: In correspondences dated September 19, and September 26, 2000, the applicant is requesting a continuance of the publichearing to November 21, 2000 or later. The continuance is requested by the applicant to allow additional time to prepare for the public hearing. Conditional Use Permit No. 99-4/Minor Conditional Use Permit No. 99-9 was approved by the Planning Commission on August 10, 1999. This approval.allowed an existing vacant restaurant to reopen as "Platinum" and provided outdoor dining, the sale and on-site consumption of alcoholic beverages and entertainment. As specified in the Planning Commission Resolution (Attachment No. 1) Condition No. 5 (e), "Entertainment shall only included dancing with a DJ, Karaoke, guitarist, folksinger and comedy nights. Dancing shall occur only within the restaurant structure and in designated dance floor areas as delineated on the restaurant floor plan. Entertainment of any kind shall not occur within the outdoor dining area". The application (Attachment No. 2) for Platinum Restaurant was submitted to the City on July 7, 1999. With the application, the applicant 'Submitted a restaurant business plan (Attachment No. 3). The business plan informed the City that the restaurant's primary focus is fine dining with extensions to banquet use, dancing and general bar use. The restaurant's primary focus, fine dining, was represented by the applicant to generate 60 percent of the facility revenues. According to the applicant, the restaurant is intended to attract evening diners looking for high-quality food in a relaxed yet elegant atmosphere. The applicant's explanation indicates that the quality of the food and the prices are expected to be high-end and dinner would be served only from the estimated hours of 5:00 to 10:00 p.m. Monday through Saturday. As represented by the applicant, dancing was 2 proposed to occur on the main floor of the restaurant which has a recessed dance floor that can be surrounded by tables where , guests can have beverages and watch others dance. The applicant expected that the -dance facility would be available on Friday and Saturday nights and probably Thursday nights as well. Days and times are subject to change, but initially it is expected that dancing will be available on these three days from 1.0:00 p.m. to 2:00 a.m. During this time the kitchen will be closed and beverages will be served. In the business plan, the applicant explained that beverage sales from the extended evening use of the dancing facility is expected to generate 20 percent of the revenues which will probably accelerate to as much as 40 percent in the future. In the business plan, the applicant depicted the medium-size bar area (not intended to be used for dancing) as an intimate area for guests to have conversation and beverages individually or groups. It was indicated in the business plan that the bar area will be open to customers from approximately 1:00 p.m. until 2:00 a.m. Monday through Saturday with days and hours subject to change. As represented by the applicant, entertainment in the bar area would be Karaoke,'6omedy nights, guitarist, and music from the DJ on dancing nights. On the nights designated for dancing, there will be no entertainment in the bar. on the off nights, the following types of entertainment are being considered:' One to two nights of Karaoke; one to two nights of stand up comedy: and one to two nights with a folk singer. These types of entertainment are expected to be between the hours of 8:00 p.m. and 2:00 a.m-. According to the applicant's business plan, the bar will generate 10 to 30 percent of revenues depending on promotions and programs. The business plan was part of the information that assisted 'staff in determining the approval recommendation to the Planning commission for Conditional Use Permit No. 99-4/Minor Conditional Use Permit No. 99-9. In a correspondence dated September 13, 2000 (Attachment No. 4), the City notified the applicant, Chris Pierce and the property owner, SX Diamond Bar that the Planning Commission would.be scheduling a public hearing regarding Platinum Restaurant on October 10, 2000. The purpose of the public hearing is to conduct a periodic review and to consider whether to modify conditions of approval or revoke Conditional Use Permit No. 99- 4/Minor Conditional Use Permit No. 99-9.. ANALYSIS: Land Use Issues The zoning designation for the Platinum Restaurant site is - currently Commercial Planned Development (CPD). The Zoning Consistency Matrix in the City's Development Code lists that the 3 CPD Zone shall be consistent with the Neighborhood Commercial (C -1) Zone's applicable development code standards (Attachment No. 5). This zone allows a restaurant by right. However, entertainment and the sale and on-site consumption of alcoholic beverages are permitted with an approved Conditional Use Permit and Minor Conditional Use permit respectively. The purpose of the permits is (1)to allow for specified activities and uses as identified in the zoning districts whose effect on the surrounding area cannot be determined before being proposed for particular location; and(2) through the discretionaxy permit process allow for the imposing of conditions which would reduce effects/impacts on the surrounding area. Through this discretionary review process, the Planning Commission imposed 22 conditions that would reduce possible impacts caused by the proposed restaurant. These conditions are set forth in Planning Commission Resolution No. 99-19 (Attachment No. 1). These conditions include development standards that are typically imposed on most discretionary permits. Other conditions are tailored for specific projects and relate to'the project's operation. In the case of Platinum Restaurant, the conditions specific to the project (see attachment Planning Commission Resolution No. 99-19) relate to(l)specific entertainment;(2)areas where the entertainment shall occur;(3)obtaining appropriate.licenses from Alcohol Beverage Control and Los Angeles County Business License;(4)sale and on- site consumption of.alcoholic beverages;(5)providing appropriate .security measures; (6)loitering;(7) maintaining a litter free site;(8)hours of operation;(9)obtaining a Certificate of Occupancy; and (10)meeting all applicable codes. Currently, it appears that Platinum Restaurant has not complied ' with conditions specific to the project as referenced above except for hours of operation and obtaining a license from Alcohol Beverage Control. The applicant has received a Type of 47 license from Alcohol Beverage Control. A Type 47 license is defined by Alcohol Beverage Control as "On Sale General -Eating Place-(Re'staurant) Authorizes the sale of beer, wine and distilled spirits for consumption on the license premises. Authorizes the sale of beer and wine for consumption off the license premises. Must operate and maintained the license premises as a bona fide eating place. Must make actual and substantial sales of meals, during the normal mail hours that they are open, at least five days a week. Normal mealtimes are 6:00 a.m.-9:00 a.m., 11:00 a.m.-2:00 P.M., and 6:00 p.m. -9:00 p.m.. Premises that are not opened five days a week must serve meals on the days they are open. Miners are allowed on the premises. As represented by the applicant in the Platinum Restaurant's business plan, the proposed project was to be a bona fide restaurant with outdoor dining offering on-site consumption of alcoholic beverages with the type of entertainment referenced in the business plan. According to the applicant, entertainment was 4 to be ancillary use. The restaurant was the primery focus of the business. However, due to advertisements (Attachment No. 28) that have been circulated, signs posted and as referenced below in the Los Angeles County Sheriff's Department calls for service, it appears that the main focus of Platinum Restaurant is a nightclub use and not a restaurant use as represented to City staff. In a correspondence to Supervisor Don Knabe dated April 6, 2000 (Attachment No. 9), the owner of Platinum Restaurant refers to this facility as a nightclub. In the correspondence the applicant indicates that the restaurant and bar provide no serious income and without the nightclub Platinum Restaurant would be closed in a week. The applicant claims that it is the successful upscale nightclub that has made their reputation and financial cash flow. Additionally, in a correspondence to the City from the applicant dated March 10, 2000 (Attachment No. 11), the applicant also refers to Platinum Restaurant as a nightclub. The activities at the Platinum have created concerns over adequate parking. Parking spaces provided on-site do not appear to be adequate for a nightclub use. It has become apparent through the Los Angeles County.Sheriff's Department calls for service and incident reports that patrons of Platinum are parking on adjacent properties without the proper authorization from property owners. According to the Development Code (Attachment No. 5), it is required that one parking space for every 75 square feet of 'gross floor area for patrons, plus one parking space for each 100 square feet of outdoor dining be provided and one parking space for every 300 square feet of service area. A total of 96 parking spaces were required for Platinum Restaurant. Approximately 108 parking spaces are provided within close proximity of the restaurant structure which was considered adequate. To the According to Parcel Map No. 15547, the project site is considered one parcel (Lot l). Lot 1 contains the Best Western Hotel and the Platinum Restaurant. Since this is considered one site, there is no reciprocal parking agreement. Lot 1, with both uses, is owned by the same property owner which is SX Diamond Bar. Because Platinum Restaurant appears to be operating more like a nightclub then a restaurant, the required parking for a nightclub use is overwhelming for the project site. Therefore, parking on site can not be accommodated for the nightclub and hotel (which provides approximately 290 parking spaces). Based upon the applicant's representation of the Platinum Restaurant, the 108 parking spaces provided by the Platinum Restaurant property would have been sufficient. Since parking requirements within the Development Code are based on use not occupancy, the use represented by the applicant would not have exceeded the available parking on the restaurant site. A Los Angeles County Sheriff's Department According to the Los Angeles County Sheriff's Department there have been numerous calls for service and incident reports related to Platinum Restaurant. The calls for services began October 3, 1999 (Attachment No. 6). The incident reports relate to: Pick- pocketing; employees being threatened; male caught taking money from the register; defusing potential fights or defusing fights; male stating he just planted a bomb in the Platinum Club; lost/stolen cellular phones; arrests due to stolen vehicle warrants; guests asked to leave but refusing to leave; possible narcotics activity; loitering; drinking in the parking lot; dispute with K -Mart regarding Platinum guests parking in their lot and vehicles being towed; assistance due to juveniles partying at the Best Western Hotel; brandishing a deadly weapon; battery (mutual combat); assault with a deadly weapon; and general patrol checks of the area. Also, several complaints by residences of Diamond Bar have been received by phone at City Hall. According to Sgt. Flannery, since October 1999, there have been approximately 30 significant calls for service to Platinum Restaurant. The main concerns are general safety and the drain on service caused by Platinum Restaurant. The drain on service is because the City of Diamond Bar has only four to five officers at night. Due to the hundreds of patrons at Platinum Restaurant, a call for service means that all of the officers are dispatched. In order to cover the City, other officers are deployed from surrounding communities, thereby impacting these communities. Los Angeles County Fire Department The Los Angeles County Fire Department has not given a final approval to Platinum Restaurant due to several outstanding life. safety issues that must be addressed. As of March 8, 2000, the following life safety issues were not completed: Posting of the occupant load in all rooms; basement exit doors do not open in the direction - o . f egress; ress fire alarm system does not conform with A-2.1 occupancy; and two French doors used as exits on the main floor do not have panic hardware. On August 11, 2000 (Attachment No. 7), the Fire Department conducted an inspection.and concluded the following: Proper posting of occupant load for all public assembly areas was not completed; repair main doors in the dining room so that the doors shall swing to full -open position when an opening forced not to exceed 30 pounds is applied to the latch side; install panic hardware on two French doors used as exits on the main floor; and maintain an unobstructed exit path from pool table/lounge area to outside and remove lattice from exit path in patio area. On September 18, 2000 (Attachment No. 8), a meeting was held at City Hall to discuss the following outstanding life safety issues that need'to be addressed: Provide _a seating plan to scale; remove lattices fencing material in order to provide an unobstructed exit path from pool table/lounge.area to outside to; complete testing of fire alarm panel; and obtain public assembly permit. At this meeting an agreement was reached to provide a temporary occupant load for 30 days that would be revoked if the life safety issues were not satisfied. A correspondence dated September 18., 2000 was sent to Platinum Restaurant from the Fire Department confirming the life safety issues discussed at the meeting. Building and Safety On September 30, 1999, a temporary Certificate of Occupancy for the bar area was issued. This would allow the.applicant to open the bar for business, thereby allowing the applicant to generate some revenue while completing the remodeling of the restaurant area. However, a,final Certificate of Occupancy has not been issued for the building due to non-compliance with Los Angeles County Fire Department requirements. Business License Los Angeles County issues business licenses for the _City of Diamond Bar. According to Los Angeles. County, Platinum Restaurant has applied for a public -eating and entertainment license on July 13, 1999.(Attachment No. 10). However,,a license has not been issued due to the Fire Department's life safety issues that have not been addressed. The City's Building and Safety Division will not issue a permanent Certificate of Occupancy unless the Fire Department's life safety issues are satisfied. When a final sign -off is obtained from the Fire Department and the City's Building and Safety Division,_ a public hearing will be scheduled by Los Angeles County business license' to determining whether or not a business license shall be issued for public eating and entertainment. According to Los_Angeles County Business License, on March 4, 2000 Platinum Restaurant was warned to cease the entertainment until a business license was approved. Conclusion Platinum Restaurant's application represented that the restaurant's primary focus would, -be fine dining with extensions to banquet use, dancing and general bar use. Fine dining, as represented by the applicant, was to generate 60 percent of the facility's revenues. According to the applicant, the restaurant was intended to attract evening diner's looking for high-quality food in a relaxed yet elegant atmosphere. The quality of the food and the prices are expected to be high-end. However, the FA facility appears to be a nightclub with many Sheriff's Department service,calls and unable to comply with conditions of approval and required applicable codes. Pur . suant to the Development Code and Condition No. 5 (j) of the Planning Commission Resolution, the Commission has the authority to I periodically review this project, modify conditions, revoke the permit, or conclude it's review and simply received and to, final the reports. ENVIRONMENTAL ASSESSMENT: The environmental evaluation shows that in accordance with the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is categorically exempt pursuant to Section 15321(a),(2). No further environmental review is required. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on September 28, 2000. Public hearing notices were mailed to approximately 25 property owners within a 500 -foot radius of the project site on September 25, 2000. Furthermore, public notice was posted in three public places on September 27, 2000. RECOMMENDATIONS: Staff recommends that the Planning Commission consider the following options/alternatives ; 1. Pursuant to the applicant's request, continue the public hearing to a date certain; 2. Consider modifications to Conditional Use Permit No. 99- 4/Minor Conditional Use Permit No. 99-9; 3. Consider revoking Conditional Use Permit No. 99-4/Minor Conditional Use Permit No. 99-9; or 4. Conclude the review; receive and file the report. 0 Prepared by: Ann J. Lungu, AR5 ate Planner Attachments: 1. Planning Commission Resolution No. 99-19 and Exhibit "All dated August 10, 1999; 2. Application; 3. Restaurant Business Plan; 4. Correspondence from the Planning Division to the applicant and property owner dated September 13, and 2000; 5. Development Code Commercials/Industrial Zoning Districts; 6. Los Angeles County Sheriff's Department calls for Service/ Incident Reports; 7. Correspondence from Los Angeles County Fire Department 'dated August 11, 2000; 8. Correspondence from Los Angeles County Fire Department Dated September 20, 2000; 9. Correspondence from Jill Pierce to Supervisor Don Knabe dated April 6, 2000; 10. Los Angeles County Business License Application Referral; 11. Correspondence from the applicant to the City of Diamond bar dated March 10, 2000 the;. 12. Public Document Request dated September 15, 2000; 13. Planning Commission Staff Report dated August 2, 1999; 14. Planning Commission Minutes dated August 10, 1999; 15. Correspondence from Jill Pierce to James DeStefano dated September 26, 2000; 16. Application for Alcohol Beverage License dated July 13, 1999; 17. City Council Resolution and No. 98-10; 18. Notarized Affidavit of Acceptance from the Applicant Dated August 25, 1999; 19. Correspondence from Los Angeles County Sheriff's Department dated March 8, 2000; 20. Correspondence from Fall Creek Homeowners Association Dated February 14 and May 1, 2000; 21. Correspondence from Dennis Tarango, Building Official'to Jill Pierce -dated July 17, 2000; 22. Memorandum Dated March 3, 2000 from Dennis Tarango, Building Official to Ann Lungu, Associate Planner; 23. Memorandum from Dennis Tarango, Building Official to James PC DeStefano, Deputy City Managers; 24. Correspondence to James DeStefano from Jill Pierce dated September 19, 2000; 25. Correspondence to Ed Bajenaru, Fire Prevention Division from Christopher Pierce dated February 18, 2000; 26. Notice of Violation/Warning from Los Angeles County Treasurer and Tax Collector dated April 4, 20.00; 27. Correspondence to Dennis Tarango Building official from Jill Pierce dated July 27, 2000; and 28. Three postcard type advertisements for Platinum Club. one MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 10, 2000 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management Headquarters Building Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Tye. 1. ROLL CALL: Present: Chairman Nelson, Vice Chairman Bob Zirbes, and Commissioners George Kuo, Steve Tye, and Joe Ruzicka. Also Present: James DeStefano, Deputy City Manager, Craig Steele, Assistant City Attorney, Ann Lungu, Associate Planner, Sonya Joe, Development Services Assistant, Linda Smith, Development Services Assistant, Dennis Tarango, Building Official, Debbie Gonzales, Administrative Secretary, and Sgt. Flannery, Los Angeles County Sheriff. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the September 26, 2000, meeting. C/Ruzicka moved,, C/Kuo seconded, to approve the minutes of September 26, 2000. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSTAIN: COMMISSION; RS: Chair/Nelson ABSENT: COMMISSIONERS: None 5. OLD BUSINESS: 5.1 Conditional Use Permit No. 2000-04 and Development Review No. 2000-10 (pursuant to Code Sections 22.58 and 22.48) is a request to install two (2) additional 25 foot high camouflaged monopoles with a total of six (6) antennas, equipment cabinets, and block OCTOBER 10, 2000 PAGE 2 PLANNING COMMISSIOv equipment enclosure on an approximately seven acre site that currently contains co -located, unmanned', wireless telecommunication facilities. (Continued from September 26, 2000.) FUNRIVAIS Mil 1319 PROPERTY OWNER: 24401 Darrin Drive (Lot 51 of Tract No. 42584) Diamond Bar, CA 91765 Eric Stone 24401 Darrin Drive Diamond Bar, CA 91765 Nextel Communications 310 Commerce Irvine, CA 92602 DCM/DeStefano presented staff's report. He reported that today at approximately 3:00 p.m., Nextel Communications' new project manager presented staff with a request to continue this matter to December 5, 2000, in order to allow Nextel time to prepare revisions to their current application. in accordance with the Planning Commission's request, staff has p . repared Resolution No. 20007 -XX denying Conditional Use Permit No. 2000-04, and Development Review No. 2000-10. The applicant was not present. C/Tye stated that the correspondence received by staff this afternoon indicates that Nextel is moving ahead with the project per the instructions that were given at, the most recently Plannhig Commission hearing. No such instructions were given to proceed with that project. In fact, the Planning Commission asked staff to prepare a Resolution of Denial. C/Tye moved, C/Ruzicka seconded, to adopt Resolution No. 2000 -XX denying Conditional Use Permit No. 2000-04, and Development Review No. 2000-10. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Nelson ABSENT: COMMISSIONERS: None OCTOBER 10, 2000 PAGE 3 PLANNING COMMISSION Chair/Nelson abstained because he was absent from meetings during which discussions about this matter were held. However, he does not necessarily disagree with the findings of his colleagues. 6. NEW BUSINESS: None. 7. PUBLIC HEARINGS: 7.1 Conditional Use Permit No. 99-4, Minor Conditional Use Permit No. 99-9, originally approved on August 10, 1999, to allow for the operation of ,a restaurant with outdoor dining, the sale and on-site consumption of alcoholic beverages and entertainment (i.e., dancing with a DJ, karaoke, guitarist, folk singer, and comedy nights) at the location referenced below. .In accordance with Condition No. 50) of Resolution No. 99-19, a periodic review of the Conditional Use . Permit and Minor Conditional Use Permit is required to assure compliance with conditions of approval and to consider whether to modify, add conditions as necessary, or revoke the permit. Municipal Code Section 22.76.020 authorizes the City to schedule. a public hearing before the Planning Commission to consider modification or revocation of a Conditional Use Permit and or Minor Conditional Use Permit. PROJECT UNDER REVIEW: Platinum Restaurant 245 Gentle Springs Lane (Parcel 1, Parcel Map No. 15547) Diamond Bar, CA 91765 SX Diamond Bar 259 Gentle Springs Lane Diamond Bar, CA 91765 APPLICANT: Chris Pierce 245 Gentle Springs Lane Diamond Bar, CA 91765 DCM/DeStefano presented staff's report. He pointed out that staff received letters from the Fall Creek Homeowners Association and the Fancher Development Services, Inc. representing the Kmart Corporation requesting that the City provide help in bringing the owners of the restaurant into compliance with the original project approval. Staff recommends that the Planning Commission direct staff as appropriate. At the request of VC/Zirbes, Sgt. Flannery, Diamond .Bar/Walnut Sheriff's Station, explained that problems associated with this' restaurant involve areas outside of the OCTOBER 10, 2000 PAGE 4 PLANNING COMMISSIO restaurant; including overcrowding, overflow parking and severe traffic problems at the site. The restaurant's security serves the premises well. Problems occur immediately off- site in the Gentle Springs area. Sgt. Flannery explained to C/Kuo that the service calls for Platinum are far above most other Diamond Bar businesses. Service calls are primarily based upon overcrowding. The majority of the requests for service calls come from people outside of the club. Joe Alvarado, Inspector, Los Angeles County Fire Department, said that most of the issues are currently being resolved. He believes that upon review, the maximum occupancy load for the building will be under 650 and may be below 500. He expects to have a response from the review board tomorrow. The restaurant owner has complied with almost all of the 17 issues mentioned in the report. He reported that during a September 15 spot check, the Fire Department observed well in excess of 600 people in the building and 200-300 people were outside of the building. Due to the consumption of alcohol by the club patrons, the Fire Department personnel believed that they faced a safety hazard, therefore, could not .complete a tour of the facility. A spot check was conducted the following evening with five department resources and 20 Sheriff's department representatives. At that time, there were approximately 350 people in the club. He believes the matter will conclude in the next few days and that the Fire Department will be in a position to sign off on the business license. C/Tye asked for a precise report on the 17 issues. Joe Alvarado responded that the only issue remaining is the matter of occupancy. In response to C/Ruzicka, Joe Alvarado explained that there will be two sets of numbers - one for the dining portion of the facility and one for the dancing portion of the facility. Each room will be posted as to the maximum number of people allowed in the room for its intended use at any one time. Dwight Anderson, Treasury Tax Collector, Los Angeles County Business License Division, said that DCM/DeStefano's description was very good and he would not add anything to his presentation. He offered to answer Commissioner's questions. VC/Zirbes asked for status of the business license to which Mr. Anderson responded that the business license application is pending sign off by the Fire Department and the City's Building and Safety Department. When those approvals are received, the matter will be calendared for a hearing with the Business License Commission of Los Angeles County. The applications are for entertainment, dance and public eating license. The hearing takes place`about two or three weeks beyond receipt of the approvals. OCTOBER 10, 2000 PAGE 5 PLANNING COMMISSION C/Ruzicka asked if the transformation of the business from what it was originally intended, a restaurant, to what it currently is, a nightclub, had anything to do with the tremendous delay in issuing a business license. Mr. Anderson responded, not to his knowledge. The application originally received by the Business License Division was for a restaurant and nightclub. Mr. Anderson explained to C/Kuo that the Business License Ordinance makes it a misdemeanor to operate without a license and they can be cited by the Sheriff's Department if they do operate without a license. Dennis Tarango, Diamond Bar Building Official, explained the two methods used for calculating occupancy load. In this case, the dining room does not have fixed seating, therefore, gross square footage is used to calculate the size and number of safety exits. The second calculation of an occupancy load of 650 was based upon a more precise plan. DCMlDeStefano explained that this is a review of the operation of the facility. A question before the Commission is whether it believes that this is the project it approved a year ago. If it is not, then what course of action does the Commission wish to take to remedy the situation. Jill Pierce, Owner of Platinum Club, stated that this is a family owned and closely managed business. The Platinum Restaurant is doing business in accordance with the original business plan application with almost no modifications. She is the Chief Financial Officer and intimately involved in every other aspect of the business. Chris Pierce is. the Manager of the nightclub., The business has been successful which she believes breeds enemies and a certain amount of success scares some people. This is the first business that has been successful in that location. It was this Planning Commission that asked what made us think we could do something that the previous owners were unable to do. We carefully studied the demographics of the community and expected to do well. This is an upscale club, which requires a business attire dress code. The facility has turned away hundreds of prospective patrons who are not properly dressed, many of who change their attire and return to the facility. This diverse facility is successfully operating on every level. Some portions of the business have been more successful than other portions. She said she believes that there has been hearsay and misrepresentation of certain facts. Several prior speakers have used the term "overcrowding." The facility has never been overcrowded according to the City's occupancy calculation. The City's Building and Safety Department has been the most professional organization that the business has worked with. In spite of the fact that they have never cut the business any slack, Building and Safety is a department that exemplifies Diamond Bar's credo for being "business -friendly." In her opinion, 650 people in a 9,000 square foot building is not an inappropriate calculation. Each time the facility has been given an occupancy level the number has been posted in every room as OCTOBER 10, 2000 PAGE 6 PLANNING COMMISSION required. Never on a single night has the facility exceeded the occupancy level. She explained that because of the security system in place management knows how many people are in the building at any given time. When the count reaches 50 people or more under capacity, the door is held. When two people go out, two people °come in, etc. On September 18, she was told that it is the responsibility of the City's Building and Safety Department to calculate occupancy and she was surprised to hear the Fire Department personnel state this evening that the Fire Department is considering a new occupancy number. That is a problem for Platinum because every 500 people is a million dollars to the facility. Jill Pierce stated that the name of the business is Platinum Restaurant & Nightclub, which is the legal name and the name under which the original business application was made to the City. With respect to parking, the new staff report has confirmed the original parking calculation in accordance with the City's Development Code. She does not believe it is true that people are parking in other business lots. On average, there are three people to a vehicle. Although Platinum tells people where to park, people can park wherever they choose. It is easier for patrons to park in the Kmart parking lot than in the restaurant parking lot. Kmart closes at 10:00 p.m. and nightclub patrons do not come until 10:00 p.m. Platinum did not anticipate a problem with Kmart and Kmart did not post signs disallowing parking. About six months ago Kmart put up signs that specify no overnight parking, no truck parking, no for sale signs and no unauthorized use. Kmartbegan to tow cars. Platinum is very concerned about the community. Every" problem brought to the businesses attention has been addressed. She called Kmart and offered a release of liability for anything that may occur on their premises. Further, she offered to pick up the trash from the parking lot each night and Platinum's security will patrol the area. In addition, a security car will drive through the Kmart parking lot to make certain that there is no loitering or other problems. All that Platinum asks is that its patron's cars not be towed. Kmart said no and never provided_a reason. She stated that the Platinum personnel observed vehicles belonging to persons of.a certain ethnicity being towed. Platinum has a problem with its landlord. SX Diamond Bar owns one contiguous property on which the Diamond Bar Hotel and the Platinum businesses reside which allows for shared parking. In her opinion, there is no question that Platinum has 290 shared parking spots on this property, which is more than sufficient for what is required. About six weeks ago the property owner put up barricades to prevent Platinum from parking on what they considered the hotel's side of the parking lot. Platinum is pursuing legal action to prevent this type of action because it is a breach of the lease agreement. When Platinum originally considered this site, the building was in horrible disrepair. Platinum spent $200-300,000 to bring this building to its current condition. She suggested that the City look into the matter of their favorable Tease agreement and the success of their business as it relates to the current proposed sale of the property by SX Diamond Bar. From the time that Platinum became aware that their patrons were pairking.in the Chinese restaurant parking lot, it has posted OCTOBER 10, 2000 PAGE 7 PLANNING COMMISSION security guards in the street so that after 11:00 p.m. they are prevented from parking in the Chinese restaurant parking lot and in the Kmart parking lot. Further, she offered to provide the Chinese restaurant and Continental Burger with lease agreements for use of their parking lots after 11:00 p.m. Both businesses declined her offer. Jill Pierce said she believes that this. Conditional Use. Permit review is selective and unfair. She believes that Platinum is being singled out when identical businesses are not. However, this can be a positive experience if issues are resolved. Her family is very community oriented. She is a board member of the Chamber of Commerce and doing what she can to encourage new businesses to locate in Diamond Bar and not have to face the kinds of problems that Platinum has experienced. Within the first six months, Platinum applied and paid for, all of the required permits. With no disrespect intended, she believes they have done everything within their power to proceed and she lays the delay squarely on the Fire Department. Every time Platinum believes the issues are resolved, there is something new even if it, involves something that was previously provided. She quoted from a Fire Department memo dated in April 5, 2000, that says "Inspector Gomez and myself (Inspector Vaganero) made an inspection,of the Platinum and all violations except for the alarm system was completed. When the fire alarm system was finally installed and certified after four months, she believed that the matter was resolved. However, when the referral form was signed and sent in, there were five or seven new items listed. From the very beginning, Platinum has done nothing new with this building, use and occupancy. On August 2 when the Fire Department finally signed off on the $30,000 alarm system, Platinum should have been done and we should not be standing before the Planning Commission tonight explaining why the business license hasn't happened. Three weeks ago the Fire Department found further violations so threatening (a fan in the doorway which was immediately removed, a credenza in the upstairs hallway, a low battery reading on the alarm system which the security company said posed to problem) that it considered closing the restaurant by force on Saturday, September 16. Platinum was not advised about these violations by the Fire Department, instead, learned about them by accident 'on Friday, September 15, and quickly moved to remedy them. Any representation that Platinum owners have been "dragging their feet" is unfair. Chris Pierce explained that the Sheriff's Department has been very helpful and accommodating to -the Platinum Restaurant. He pointed out that most of the service calls included in the staff report involved guests of the Best Western Hotel and took place on nights when the Platinum Restaurant is not open. Platinum requested that the City advise them of any complaints they receive and they have received only two, both from the same person. During a meeting with Captain Yim, he explained that Platinum provides its own in-house security because it does not want to be a drain on police resources. He said he was told by Captain Yim that the Sheriff's Department must be called in specific incidents. OCTOBER 10, 2000 PAGE S PLANNING COMMISSION Further, he stated that Captain Yim gave his word that Platinum would never be accused of being a drain on Sheriff's Department resources as a result. He reiterated the restaurant's strict dress code. VC/Zirbes said the issues seem to center around the nightclub portion of the facility. He was led to believe that Platinum was intended to be an upscale restaurant, which is verified through testimony received by the Planning Commission a year ago. When a business begins to impact surrounding businesses and residential neighbors the City has to consider those impacts. Jill Pierce explained how Platinum has. provided a positive impact to neighboring businesses. Platinum customers are also patrons of the hotel, McDonald's, Continental Burger, Carl's Junior and Chevron. Platinum is in a C-1 Commercial Zone, which permits a restaurant operation. Because Platinum wanted dancing, entertainment, outdoor dining and had a pool table, it needed to come before the Planning Commission. The representation by others that Platinum was intended to be a restaurant only is incorrect. The name of the business is Platinum Restaurant & Nightclub and was never intended to be anything else. Platinum did not need a Conditional Use Permit to be a restaurant. Platinum came to the Planning Commission for a dancing and entertainment permit. C/Tye said he sat on the Planning Commission when this CUP was approved in August 1999, and he takes exception to Ms. Pierce's contention that Platinum was always represented as a restaurant and nightclub. Attachment #2 is Conditional Use Permit application, which says that the applicant is the Platinum Restaurant and the use applied for is on-site liquor sales, dancing, entertainment, outdoor dining and billiards. There is no reference to Platinum Restaurant and Nightclub. Why would the applied for use under the Conditional Use Permit be different than what is stated on the County License Application. as indicated by Mr. Anderson. Jill Pierce responded that the space on the application was too small to fit the complete name on the handwritten form. However, every piece of paper that was submitted said Platinum Restaurant & Nightclub. The very statement that the use applied for is dancing, entertainment, outdoor dining and billiards was, in her mind, sufficient to let everyone know the reason for the Conditional Use Permit. C/Tye said he would not and did not take from that, that it would mean a nightclub to the degree that is advertised today. The response to the Commission's question about how Platinum expected to be successful when others had failed in that same location and business was that there was nothing'quite like it in Diamond Bar - people are anxious to have a fine dining and entertainment facility. He does not take that to mean a nightclub. If the application had specifically stated "nightclub" the Planning Commission could have OCTOBER 10, 2000 PAGE 9 PLANNING COMMISSION reviewed the project on that basis and addressed some of the issues that the Planning Commission is currently addressing because those issues would be anticipated from a "nightclub." DCM/DeStefano stated that five copies of a book were given to the Planning staff at about 4:30 p.m. on Friday by. Ms. Pierce who asked that they be delivered to Planning Commissioners with their agenda packets. Staff was not provided with a copy of the book and is not aware of its contents: ACA/Steele indicated to C/Tye that he may refer to the book provided by Jill Pierce. C/Tye quoted from Page 2 of the October 6 letter written by Jill Pierce addressed to the members of the Diamond Bar Planning Commission that she believes "that the motivation to conduct the review is by some people, motivated by racial profiling and personal agendas related to money." He said that during the past twelve months, whether they agreed or disagreed, he has found Jill Pierce to be someone with whom it could have an exchange. He finds her statement to be outrageous and disappointing. He further quoted from the letter that "this is a serious accusation but one that is founded. There are a few residents that have commented on the racial mix of our customers... which he has never heard - not from the staff, not from this body, nor from anyone with whom he has discussed Platinum. He continued quoting "and there are high ranking City government employees who have done so as well. If these statements are founded, back them up. Jill Pierce said she has been told by a number of sources that the Mayor has made prejudicial comments regarding the fact that we (Platinum) are not good for the community because we (Platinum) market 'to Hispanics and blacks and that is not what Diamond Bar is all about. That type of comment has come with many voices. Additionally, residents have stopped by the. restaurant and said very inflammatory things about how dare we bring these black people into their neighborhood. And used other words as well, like maybe we're just soul train and a number of comments like that. The Chinese restaurant has said that they are afraid of our (Platinum) gang members. The people who visit Platinum are professional people and many happen to be of color. With respect to the issue of money, she said. she was referring specifically to her landlord who through the motivation of money, in her opinion, is stirring up a lot of problems. C/Tye said he has known Mayor O'Connor for 15 or 16 years. If you (Jill Pierce) did not hear Mayor O'Connor say those words, he will assure her that Mayor O'Connor did not say those words. Before putting such statements in writing and before making such a reference he would urge her (Jill Pierce) to either confront Mayor O'Connor or to not repeat such statements because it is no more than gossip. OCTOBER 10, 2000 PAGE 10 PLANNING COMMISSION Jill Pierce said she made the explanation at C/Tye's request. There is no mention of Mayor O'Connor. in her written statement. C/Tye reiterated that if Jill Pierce did not specifically hear the statement directly from Mayor O'Connor she ought to seriously question the, people that she is relying on for that information. C/Ruzicka said while it is true that Platinum is the such first business to be successful in that location there is a problem confronting the Commission. Hopefully, the parties involved can arrive at a reasonable approach to a solution so that neighboring businesses and residents can co -exist with Platinum. He was on the Commission when it originally approved Platinum's CUP. His concept was that Diamond Bar would have a Platinum facility that would be a high-end` type of restaurant in the category of a Chasens. And .yes, there was going to be a Bistro, with occasional entertainment. He does not believe that anyone at the time expected there would be a nightclub in that area because if the Planning Commission had anticipated a~nightclub operation, it likely would have conditioned the CUP approval accordingly. He asked if Ms. Pierce considered asking the City for an amendment to the CUP. He stated that Ms. Pierce has mentioned on several occasions this evening that Platinum is being singled out for review, which he believes is not true. _ Platinum happens to be a very high profile business in Diamond Bar that is attracting large number of people. No one that he has ever spoken with on this matter has ever mentioned that it is a racial problem in any way. It is the number of people who visit the establishment and that is the only thing that people are talking about. The City wants Platinum to be extremely successful and the City has got to insure that Platinum's success brings everyone around the site comfort rather than the discomfort that the establishment is currently presenting. Jill Pierce said. that the_owners_believe, _did believe then and_behev_e to this moment, that the application was completely clear as to the intent of the business. People are using the term "nightclub" as though it were not interchangeable with dancing and entertainment. Our nightclub (Platinum) provides dancing with a DJ and provides for the consumption of alcohol, which is exactly what. the original application stated. To'say that Platinum should apply for modification implies that Platinum is somehow doing something outside of the intended use. C/Ruzicka believes that the applicant had a very clear understanding of their intent. However, it did not come across that way to the Planning Commission. He asked if the applicant received a copy of the Sheriff's report which contains 150-200 incident reports with respect to their service calls in the restaurant's location. He suggested that the applicant share cross -information with the Sheriff's Department. The Planning Commission is not trying to do anything to destroy the business. A year ago, the Planning - OCTOBER 10,2000 PAGE 11 PLANNING COMMISSION Commission made every effort to be as business -friendly as possible because Diamond Bar needs good and successful business. However, in the case of Platinum, there are problems which need to be confronted in a constructive manner. Jill Pierce stated that she has attempted to clarify the fact that the problems are not as significant as others have indicated. They have explained the parking situation and she believes there are no outstanding issues with respect to customers parking in neighboring businesses parking lots. Platinum believes it has helped neighboring businesses to be more successful. All adjacent business are either closed by 10:00 p.m. or have drive-through windows. Several businesses in the area are very pleased about the success of the establishment. She strongly objects to the Sheriff's Departments' analogy of the situation. The Platinum has had a very insignificant number 'of service calls to the Sheriff's Department related to the type of business conducted. If she had been provided adequate time she would have visited comparable businesses in neighboring cities and gathered statistics that would show that the number of service calls that Platinum has are minute by comparison. Some of the Sheriff's Department's roll-throughs are conducted as a normal course of business. Platinum has never called the Sheriff's Department. Sgt. Flannery alluded to peripheral issues. Many deputies have indicated those incidents are not the responsibility of Platinum. In addition, the Platinum is in an ideal location to receive a large number of people. Platinum does not have an issue related to service calls. Jill Pierce responded to C/Ruzicka that although she had the number of the CUP which had been issued to the prior business, no one could locate the CUP which was to run with the business. As a result, Platinum had to make a new application. Prior businesses such as Cancun and Mirage were conducted in the same manner. If Platinum had found the CUP that ran with the land, it would not have had to come before the Planning Commission for a new CUP. ACA/Steele said that Mrs. Pierce is correct that CUP's run with the land. Whether or not it would have been applicable in this case depends upon what was reviewed and approved in the foregoing Conditional Use Permit. DCM/DeStefano responded to C/Ruzicka that staff was not made aware of any CUP that would have accommodated the ;uses that were requested in July 1999. The prior business had been closed for a long period of time and it had been operated over a number of years prior to that time with a variety of uses occurring at that location, primarily as a restaurant. The new Development Code that came into effect in May 1999 required a Conditional Use Permit for the types of activities mentioned, entertainment and alcohol sales in particular. OCTOBER 10, 2000 PAGE 12 PLANNING COMMISSION C/Kuo said that the original application and business plan submitted by the applicant do not contain the term "nightclub." He asked the City Attorney to,explain the difference between restaurant, entertainment, dancing and a nightclub. Until tonight, he has not seen "nightclub" on any documentation. He asked staff to clarify the business name misunderstanding. He said he is not -concerned about the people who are�inside Platinum. The problem is with the unwanted guests, which number up to 200 people. The complaint from the Fallcreek Homeowners Association addresses the fact that people wander around outside of the parking lot, make noise, fight; cause traffic problems, etc., which disturbs the surrounding businesses and residents. He asked Platinum how they will handle the problems that occur outside of the restaurant. Chris Pierce responded that it is the job of Platinum's security guards to escort people out of adjacent areas and put them in their vehicle and send them home. People are not allowed to wander around the parking lot. If potential patrons do not meet the dress code and reniain on the premises they must stay inside of their vehicles. He believes that the Sheriff's Department's answer to the question of whether they have ever had to come to Platinum and witnessed a fight in progress, had to get involved in a physical confrontation with anyone, or to make an arrest the answer would be no. Service calls to Platinum have been made simply to make a report. They have never had to arrest a single customer at Platinum. When Platinum had an incident of a pickpocket, Platinum's security people arrested that person and turned him over to the Sheriff's Department. Security pays as much attention to the exterior as to the interior. The people who cause the problems are outside of the Platinum parking lot, which is why Platinum concentrates on security the entire length of Gentle Springs Lane. Platinum's weekly security budget is $4,000. DCM/DeStefano responded to C/Kuo that an application for a Conditional Use Permit and Minor Conditional Use Permit was filed on June 28, 1999. Six times within that application the term "Platinum Restaurant" is used. The use applied for is listed as_a Type 47 on-site liquor sales, dancing, entertainment, outdoor dining and billiards. The Conditional Use Permit requires an Initial Study for environmental review purposes. The Initial Study contains the name of the project applicant and it is handwritten by the operator as the Platinum Restaurant. The action requested and project description is a CUP for dancing, entertainment, outdoor dining and billiards. The applicant's environmental information further provided in the environmental form that applicants are required to complete lists the project as being the continued use of an existing restaurant and bar. The applicant, Chris Pierce, signed the environmental form on June 22, 1999, for the Platinum Restaurant. There is a second environmental checklist form. The name of the applicant is the Platinum Restaurant. The address and phone number of the proponent is the Platinum Restaurant at 245 Gentle Springs Lane. The business plan that was prepared by the applicant/operator that was given to the City and presented to the Planning Commission in the staff's report that discusses the Platinum, Inc. Restaurant Business Plan. On page 2 of OCTOBER 10, 2000 PAGE 13 PLANNING COMMISSION the Restaurant Business Plan it discusses ownership of the corporation and it discusses the various players including specifically the statement about Christopher Pierce who has a background in business and restaurant bar nightclub for seven (7) years. It further states on page 2 that Chris Pierce will focus on the restaurant management, dancing, bar activities. On page 3 of the Restaurant Business Plan under, business use restaurant, it states that the business is anticipated to generate 60 percent of its revenues in the area of restaurant food. There is a banquet statement on page 4 discussing the upstairs area that has been used by various operators as a banquet over the years. In the banquet discussion, it discusses weddings and other types of activities. On page 5, the Business Plan discusses dancing and discusses that the main floor of the restaurant appears to have been built for a beautiful dance floor. It indicates that in the evening from 10:00 p.m. to 2:00 a.m. this area would be used as a dancing facility anticipated to generate revenues of 20 to 40% in the future. And it discusses on page 5 a wine cellar that could be used for meetings, Christmas parties, overflow and etc. Following page 7 on an un -numbered page, there is a discussion regarding the detail of the entertainment use. It is for the Platinum Restaurant, and it discusses dancing in the dining room after 10:00 p.m. until 2:00 a.m., music to be provided by a DJ. It also discusses the possible nights of Karaoke, standup comedy and folk singer on an adjoining page. Ms. Pierce wrote a memorandum to a member of the City's staff on June 29; 1999, that is regarding an application for a Conditional Use Permit - Platinum Restaurant. The only area within the application that discussed dancing appears to be within the restaurant portion of the facility. These are the representations provided by the applicant and conveyed to the Planning Commission in August 1999, when it was considering this application. In fact, in several paragraphs of information that were within the business plan, were repeated in the staff's report as the application for use at this location. ACA/Steele stated that the Diamond Bar Municipal Code sets forth the definitions for the Zoning Code. It defines a restaurant with table service as a retail business selling food and beverages prepared on-site where most customers are served food at tables for on -premises consumption. These restaurants may also provide food on a take-out basis where take-out is clearly secondary to the table service. The Code defined bars and nightclubs as businesses that are not part of a larger restaurant where alcoholic beverages are sold for on- site consumption. The definition includes bars, taverns, pubs and similar establishments where any food service is secondary, to the main purpose of alcoholic beverage sales. It may include entertainment, for example, live music and/or dancing and may also include beer brewing as part of micro -brewing other beverages and tasting facilities. As DCM/DeStefano has, indicated, the application is for a Conditional Use Permit to allow entertainment, dancing, etc., in conjunction with the Platinum Restaurant. There is a difference between approving an entertainment use in conjunction with a full-scale restaurant and approving a nightclub. OCTOBER 10, 2000 PAGE 14 PLANNING COMMISSION DCM/DeStefano stated that the parking requirements that were referenced atone space for every 75 square feet being the same for a nightclub as for arestaurant is.what the City Code states. However, the City Code also states that those are minimum standards and the City Code specifically states that additional parking spaces may be required through a discretionary entitlement application. This was a discretionary entitlement application. Staff's representation to the Planning Commission was based upon the information the City received from the applicant. It did not include a nightclub. Jill Pierce stated that the application asks about the use and the applicant, says it is for dancing and entertainment, which is the business being conducted. Platinum calls itself a nightclub and maybe that is the wrong name. Perhaps Platinum needs to file a fictitious business name of Platinum Restaurant and Club, or Platinum Restaurant and Bar, or Platinum Restaurant and Entertainment. She believes the title of nightclub is hairsplitting. Throughout the application and the business plan the application has always said "dancing and entertainment" which is exactly what is happening - nothing more, nothing less. Platinum believes that it has existed and operated within its Conditional Use Permit with respect to its approval for occupancy and entertainment. Chair/Nelson asked if during discussions with the Sheriff's Department the idea of uniformed Sheriff's officers on -'site on busy nights was discussed to which Jill Pierce responded "yes." Chris Pierce indicated that during a meeting with Sgt. Flannery, Captain Yim, and a lieutenant, they talked about things they considered to be issued. Sgt. Flannery essentially told them what he said tonight, that the Sheriff's Department does not have issues with Platinum but with the impacts of Platinum patrons to surrounding areas. Platinum suggested that they hire and pay for one of the patrol cars to be available at the site or on any big night. The officers thought it was a. good idea and Platinum thought it was a good idea. The same discussion was held with Deputy Perkins and Captain Martinez. Chris Pierce indicated that if the Commission wants Platinum to hire a sheriff's patrol car on an ongoing basis he would absolutely be willing to do so. He believes it would be good for the community. 11 Chair/Nelson said that given the current use, what would staff propose as the required number of parking spaces. DCM/DeStefano responded that he is unable to provide a definitive answer. Had staff known it would have investigated other similar facilities in communities and determine the appropriate number. He assured the Commission that staff would have recommended more OCTOBER 10, 2000 PAGE 15 PLANNING COMMISSION than 100, 108 or 119 proposed as appropriate for the uses applied for. The number would more likely have been closer to 300 to 350 for an occupancy anticipated at a maximum of 650. Chair/Nelson asked how many spaces would be available if. the barrier was not in place between the hotel lot and Platinum's parking lot. Jill Pierce indicated that there are 290 parking spaces available for both facilities. The hotel has a very low volume. Prior to the barrier, a Platinum security officer prevented vehicles from parking in about 30 spaces adjacent to the hotel, whether or not they were used. Therefore, there would be approximately 250 parking spaces available to Platinum. Additionally, there are 50 to 75 spaces on the street. DCM/DeStefano stated that there are 80 rooms at the hotel. The issue for Platinum is the availability of secured parking through proper agreements. Whatever use is approved, how many parking spaces are required, where are those parking spaces secured, and understanding their impact to adjacent businesses. Chair/Nelson asked if the. Platinum is requesting a continuance at this time. Jill Pierce responded that Platinum is requesting a continuance due to the voluminous nature of the materials involved and the short amount of time to deal with the material. If it is the intent of the Commission to revoke the Conditional Use Permit or place restrictions on the Conditional Use Permit that would seriously impact the business, Platinum would request a continuance to allow time to react and to allow the business license process to be finalized. C/Ruzicka said that if a continuance is granted, he would like to know what kind of effort there has been to have a request for an amended CUP; has there been any effort on the part of the applicant to work out any kind of written reciprocal parking agreements with any of the adjacent business/neighbors, and to give staff the appropriate time to determine a real figure with respect to a reasonable number of parking spaces that had to be available to Platinum; what kind of PR has Platinum done with the Fall Creek Homeowners Association to address their concerns, and has anyone contacted and had an appointment with a representative of the Fancher Development Services with respect to Kmart and their concerns which may provide a format for helping to solve the parking problems through a business -friendly agreement. VC/Zirbes said he believes he has a good understanding of what occurred a year ago and what is occurring today. He asked that staff determine a parking number, which he believes will be based upon a maximum occupancy load that the Fire Department will OCTOBER 10, 2000 PAGE 16 PLANNING COMMISSION determine within the next few days. He is interested in hearing from the applicant's neighbors about problems they have experienced with the facility. C/Tye would like to know who is responsible for calculating occupancy. Is it the County or Building and Safety. He would like for the Fire Department to state that the matter of occupancy is the final issue. Chair/Nelson re -stated the issues: Who determines occupancy; what the occupancy dictates in terms of the number of the available parking spaces; and the matter of parking spaces under the approved use as well as, the existing use; some idea from other establishments of this type with respect to parking. He also asked the applicant to find out more about an arrangement to have on-site uniformed officers outside the club and keying the traffic light to prevent a backup traffic problem. C/Tye asked for clarification of whether a Type 47 license as specified is appropriate for the current use. DCM/DeStefano responded to Chair/Nelson that a one month continuance is appropriate for response to the Commission's concerns. He stated that staff will share information with the applicant as it becomes available. The final staff report will be distributed prior to the November 28 meeting. Chair/Nelson opened the public hearing. Joel Haber, 356 South Prospectors, Unit 74, said he does not hear any noise. He has walked out of his complex, opened the back gate and he does not hear any noise until he gets to the driveway of the hotel. Noise isnot an issue to him. There was a trash problem _ at onetime, which was brought to -the attention of the owner and the matter has been resolved. He is retired, walks down Gentle Springs Lane every morning and he does not see the trash referred to in the letter. He does not see traffic as a problem. On occasion, he drives down Gentle Springs Lane. There is a security person present who tells him to drive right on through to his complex. As far as the letter (Fall Creek Homeowners Association) they are concerned about the guests of the club. He interprets that statement differently. The guests of the club are a concern to the people of the community and it should not be an issue. He has heard comments about the guests who attend the club. -He has heard a lot of give and take in this issue. The .owners (of Platinum) have really cooperated with the City and they have done nearly everything they are supposed to do. He would like to seethe cooperation, and give and take, continue to an agreeable conclusion to keep this place open. It is a fine establishment. He has eaten there and enjoys going to the facility. OCTOBER 10, 2000 PAGE 17 PLANNING COMMISSION Robert Coventry, 1950 S. Brea Canyon Road, Suite 220, Diamond Bar, speaking on behalf of the Diamond Bar Chamber of Commerce Executive Committee, took a unanimous vote this morning to support any business in Diamond Bar that brings tax revenue into the community and helps area businesses. The Chamber is dedicated to working with adjacent businesses to seek their cooperation in reaching amicable conclusions to issues of concern. On a personal note, he enjoys the food at Platinum. His Rotary Club had a party at Platinum and his wife's shower was held at Platinum. He would like to see Platinum remain open. Rudy Munoz, Manager, Best Western Hotel, 259 Gentle Spings, Diamond Bar, said he has had many problems with parking and loud music. He does not rent to many of the Platinum patrons because he does not want problems. He has called the police several times. He has nothing against Platinum being successful but the nightclub has ruined the hotel's weekend business. He has 98 units to rent and three meeting rooms with 100, 80 and 20 person occupancy, respectively, which he rents on weekends. Four weeks ago he put up banners, which were taken down by Chris (Pierce). He cited several incidents that occurred on his property. He has witnessed several fights in the parking lot. He is not against Platinum using the parking lot but he is concerned about parking spaces for his guests. Hotel guests complain about the loud music coming from the outdoor patio area on weekends. He has had to hire security for Thursday, Friday, Saturday, and Sunday, to keep vehicles out of his parking lot. Platinum patrons have been seen urinating on hotel grounds when they are denied access to hotel restrooms. C/Ruzicka asked Mr. Munoz if he has ever attempted to sit down with the Pierce's to mediate these problems.._ Mr. Munoz responded that one attempt ended in an unfriendly manner. SX Diamond Bar, 254 Gentle Springs, Diamond Bar, stated that as a landowner, they want Platinum to be successful. However, we are shocked to learn that the capacity has been increased from 356 to 650 people. The support structure and especially the parking spaces are insufficient to accommodate the patron's vehicles. There is a severe parking shortage for 650 people when only 103 parking spaces are provided. Consequently, Platinum has demanded and threatened to sue for more parking spaces from the hotel side. In addition to the parking problem, there is the matter of Platinum patrons asking to use the hotel's restrooms. According to the original design, the restaurant can accommodate only 356 people. The CUP provides for 103 parking spaces. By increasing the capacity of the restaurant from 356 to 650 people, the landowner becomes involved. The landowner cannot provide that much parking because SX Diamond Bar, needs to provide adequate parking for the hotel guests. Letting Platinum guests park near the hotel defeats the effort to provide hotel guests a peaceful and quiet environment for their rest. SX Diamond Bar OCTOBER 10, 2000 PAGE 18 PLANNING COMMISSION strongly suggests that the City take action to find additional parking spaces for the facility or restore the capacity to 356 as originally requested. SX Diamond Bar stated that about 100 parking spaces are needed for the hotel. In addition, parking spaces are needed for -the meeting room occupants. The hotel has no additional parking spaces to release to Platinum. Platinum has threatened SX Diamond Bar through an attorney to provide more parking space. Platinum is entitled to only 108 parking spaces according to the Conditional Use Permit. If the landowner lets Platinum patrons park in the hotel parking lot there are a number of problems because restroom facilities are inadequate. Platinum patrons urinate on the hotel grounds when they do not have access to restrooms. SX Diamond Bar responded to VC/Zirbes that the Platinum lease does not describe the parking. C/Tye clarified that Mr. Haber referenced the October 6 letter from the Fall Creek Homeowners Association. Point number 5 talks about guests and says that "blocked traffic as a result of the amount of guests that go to the club," not the type or race or any other reference to a guest. Unless there is some other correspondence that Mr. Haber refers to, he wants that point made very clear. VC/Zirbes asked staff to determine whether a number of parking spaces are provided on the CUP for the hotel and is this a matter the Commission needs to consider with respect to a possible shared facility. C/Kuo asked that public speakers indicate whether they have a strong objection to Platinum continuing to do business. ACA/Steele cautioned.the Commission not to ask for directed comments. Angela Pierce diDonato; resides at 23826 Prospect Valley Drive, Diamond Bar, lives walking distance from Platinum. Jill Pierce is her mother. She believes that it is important to note that she is an attorney and her husband is a supervisor for the health department. She and her husband tend bar at Platinum on the weekends. On weekends when they do not work, they bring their friends and colleagues from Los Angeles County, Orange County and Riverside County to enjoy the Platinum Restaurant & Nightclub. Many professionals that live and work in the City of Diamond Bar avail themselves of Platinum's services. Regarding the term "nightclub," Platinum is not the stereotypical nightclub. She believes the facility has been presented accurately. A wide variety of ethnic groups and ages enjoy this upscale, classy facility. She cited this month's Mayor's Corner in which Mayor O'Connor sites the fact that there area lot of vacant store fronts in the City of Diamond Bar OCTOBER 10, 2000 PAGE 19 PLANNING COMMISSION and that Diamond Bar has a duty to try and bring new businesses into the City so that it may flourish and so that its residents may have more options. Platinum has succeeded because of her mother's determination. Much effort has been made to reach out to the residents and businesses in the community to bring a happy resolution to these concerns. C/Ruzicka moved, VC/Zirbes seconded, to continue the Public Hearing review of Conditional Use Permit No. 99-4, Minor Conditional. Use Permit No. 99-9, to November 28, 2000. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMNIISSIONERS: None RECESS: Chair/Nelson recessed the Planning Commission meeting at 10:30 p.m. RECONVENE: Chair/Nelson reconvened the Planning Commission meeting at 10:35 p.m. 7.2 Conditional Use Permit No. 1998-09(1), Development Review No. 1998-11(1), and Minor Variance No. 2000-19 (Pursuant to Code Sections 22.58.010, 22.48.020(A)(2), and 22.52.020(D)) is a request to amend Conditional Use Permit No. 1998-09, Development Review No. 1998-11, and to approve a Minor Variance for a decrease of 20% in the number of required off-street parking spaces to accommodate on-site seating for twelve at Togo's. PROJECT ADDRESS: 1193 Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY'OWNER: J. Coleman Travis.Trust C/O: Glacier Peak Management Services, Inc. 7955 Dunbrook Road, Suite A San Diego, CA 92126 APPLICANT: Parker Holt -Doyle, LLC 1193 S. Diamond Bar Boulevard Diamond Bar, CA 91765 Staff recommends that the Planning Commission direct staff as appropriate. OCTOBER 10, 2000 PAGE 20 PLANNING COMMISSION Bob Parker, co-owner, Togo's Eatery, said he was given information that the City's Engineer was not conclusive after reviewing the site and would not make a determination. As a result, the applicant has request that this matter be continued. Togo's has been operational since August 2000, without seating. The Los Angeles County Health Department has approved the business license for 30 seats. A parking analysis was conducted on a similar site in Pasadena. The City's Engineer is requesting that a parking analysis be conducted on the actual site, which is the basis for requesting the continuation. Togo's has exceeded its expectations for the business without seating. He does not foresee any increase in the business due to seating which is merely a matter of convenience. According to the survey, there is sufficient parking available. Togo's and the Cathay Bank are the primary tenants who co -share on-site parking. He believes there will be no adverse impact to the current parking situation. All of the leases are under a mutual use/shared parking agreement for parking in the center. Chair/Nelson opened the public hearing. There being no one present who wished to speak on this matter, Chair/Nelson closed the public hearing. C/Ruzicka moved, C/Tye seconded, to continue Conditional Use permit No. 1998-09(1), Development Review No. 1998-11(1), and Minor Variance No. 2000-19 to November 14, 2000. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMNIISSIONERS: None ABSENT: COMMISSIONER& None 7.3 Development Review No. 2000-12, Conditional Use Permit NO. 2000.07. Variance No. 2000-06 (Pursuant to Code Sections 22.48, 22.58 and 22.54) is a request to construct a three story office building of approximately 129,000 square feet with a child day care facility and parking structure. The proposed Variance is for a crib wall of approximately 13 ft. exposed height. PROPERTY OWNERS/ APPLICANT: 1440 Bridge Gate Drive (Lot 16, Tract No. 39679) Diamond bar, CA 91765 Bridge Gate Partners, LP 5670 Wilshire Boulevard, Suite 1240 Los Angeles, CA 90036 OCTOBER 10, 2000 PAGE 21 PLANNING COMMISSION 8. Staff recommends that the Planning Commission approve Development Review No. 2000- 12, Conditional Use Permit No. 2000-07, Variance No. 2000-06, Findings of Fact, and conditions of approval, as listed within the resolution. VC/Zirbes recommended that Condition (bb) be added to page 16 of the Draft Resolution to read as follows: "The Applicant shall be assessed a fair -share cost at approximately four (4) percent of the total impact costs associated with improvements identified to be submitted to the City prior to issuance of a permit." Ted Green, President, Trenton Group, thanked staff * for their efforts toward providing the City with adass A building. It is the applicant's objective to abide by all of the guidelines presented. With respect to VC/Zirbes concern regarding the child care center, the current guideline is attempting to use a total of 80 children. According to the State Code, there is sufficient space to accommodate 60 children. It, is the applicant's intent to have it at 80 and changes will have to, be made to the site to allow 80 children on the site. Therefore, the site will be increased to 6,000 square feet if 80 children are permitted to be at the site: However, the applicant wants the flexibility to limit the number of children to 60 for the current proposed square footage. Chair/Nelson opened the public hearing. There being no one present who*wished to speak on this item, Chair/Nelsoi --closed the public hearing. VC/Zirbes moved, C/Ruzicka seconded, to approve Development Review No. 2000-12, Conditional Use Permit No. 2000-07, -Variance No. 2000-06, Findings of Fact, and conditions of approval, as listed within the resolution, with the addition of Condition (bb) on page 16 as previously stated. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: PLANNING COMMISSION COMMENTS: Kuo, Ruzicka, Tye, VC/Zirbes, Chair/Nelson None None None offered. -P. OCTOBER 10, 2000 PAGE 22 PLANNING COMMISSION 9. INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. DCM/DeStefano stated that the State Department of Housing and Community Developing is reviewing the Draft Housing Element, a copy of which has been provided in tonight's packet. Staff anticipates receipt of comments in early November for discussion at the November 14 Planning Commission meeting. DCM/DeStefano referred to a communication from CA/Jenkins regarding the number of cell sites that can reasonably be located on a given piece of property. The opinion states that the number of sites can be limited on a given pieceof property taking into consideration certain factors, but that it more appropriately should be done through a Development Code Amendment. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. There being no further business to come before the Planning Commission, Chairman Nelson adjourned the meeting at 11:08 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Steve Nelson CITY OF DIAMOND BAR OFF-STREET PARKING STUDY Prepared by: LDM Associates 9229 Utica Ave., Suite 120 Rancho Cucamonga, CA 91730 (909) 476-6006 PLATINUM RESTAURANT & NIGHT CLUB 245 GENTLE SPRINGS DIAMOND BAR, CA 91765 NOVEMBER 19, 2000 The purpose of this study is to outline the findings of an off-street parking survey conducted for the Platinum Restaurant & NightClub located at 245 Gentle Springs, Diamond Bar, California. The City of Diamond Bar received inquiries regarding an unusually high demand for off-street parking generated by the patrons of the Platinum Restaurant & NightClub. LDM Associates was retained to investigate the parking demand and requirements for this establishment. OVERVIEW OF EXISTING CONDITIONS: The existing 8,900 square foot building was constructed in the late 1980's and it is designed as a traditional up -scale type diner -restaurant with a full service bar. The facility has been operated as a traditional lunch/dinner restaurant since its construction. The owner/operators of the establishment have changed over the course of time. The building was vacant for over 6 months before the current business began operation in November 1999. The restaurant building is constructed on a 5.01 -acre parcel of land. The subject parcel of land also contains the 86 -room, Best Western Diamond Bar Hotel and a one -acre parcel identified for a future office building. The hotel and the restaurant/night club share a common off-street parking area located behind the buildings. The common off-street parking area contains 270 spaces. During the public hearing process, the Platinum restaurant was described to the Planning Commission as a fine dining establishment that would provide dancing and entertainment after 10:00 PM when the dining activity concluded (see Planning Commission Minutes August 10, 1999). The Platinum restaurant was granted a Conditional Use Permit (No. 99-4) and a Minor Conditional Use Permit (No. 99-9) by the Diamond Bar Planning Commission on August 10, 1999 (see Planning Commission Resolution No. 99-19) . PROJECT RESEARCH & FIELD OBSERVATIONS: On Friday, November 10, 2000 we placed a call to the Platinum restaurant at approximately 3:30 PM. The intent was to make a reservation for diner. A recording indicated: that the Platinum Reamauraru & Night -Club Parking Study Page No. 1 Platinum restaurant and night club would be open at 9:00 PM, that a cover of $10.00 would be charged; that ladies would be admitted free; that the facility contained six fully -stocked bars; that the facility would be jammed packed; and that a dress code would be enforced. We were unable to reach a restaurant representative in order to make diner reservations. We reviewed the local telephone directories and we found that the Platinum restaurant and nightclub was listed in the "Yellow Pages" under the headings for both restaurants and nightclubs. On Friday evening November 10, 2000 we visited the site to observe vehicular traffic visiting the location. We arrived at 10:00 PM and we were stationed in the K -Mark parking lot overlooking the restaurant/nightclub. We were able to have an unobstructed view of Gentle Springs Lane, the driveway to the common off-street parking area for the restaurant/night-club and the Best Western Hotel and the entry to the restaurant/night-club. The following is a brief overview of our observations: 1. 10:00 to 11:00 PM • 127 vehicles entered the common parking area • 47 vehicles left the facility and exited toward Diamond Bar Boulevard • Of the 127 vehicles entering the facility approximately 96 vehicles (76°x) were single -occupant; 27 vehicles had two occupants (21 %) and 4 vehicles had three or more occupants ® A net 80 vehicles remained on-site 2. 11:00 PM to 12:00 Midnight ® 80 vehicles entered the parking area • 34 vehicles left the facility and exited toward Diamond Bar Boulevard • Of the 80 vehicles entering the facility approximately 67 vehicles (84%) were single -occupant; 11 vehicles had two occupants (14%) and 2 vehicles had three or more occupants. ® A net 46 vehicles remained on-site During the 2 -hour observation period 126 vehicles remained on-site. No attempt was made to count the number of vehicles that were already parked at the facility before the survey began. At 11 "c30 PM the comriimori parking ayes between the Best Western Hotel and the Platinum restaurant/nightclub appeared to have reached capacity. Several of the security personnel stationed themselves in Gentle Springs Lane at the driveway leading to the common parking area for the Continental Burgers and the Diamond Place Seafood Restaurants (225 & 233 Gentle Springs Lane). Vehicles were directed into that off-street parking area. The vehicles entering this parking area were included in the total vehicle count. In addition, it should be noted that approximately 30 to 35 vehicles were parked on Gentle Springs Lane. On -street parking seemed to be the preferred location because the street was fully utilized early on in Platinum Restaurant & Night -Club Parking Saucy Page No. 2 the survey and each time a space became available it was quickly filled. At 12:05 AM we concluded our vehicle count and then we toured the parking area behind the Platinum restaurant/nightclub and the Best Western Hotel. Approximately 13 unused parking spaces were observed. Five (5) spaces were located behind the restaurant/night-club and a spaces were located near the westerly end of the parking lot behind the Best Western Hotel. There are 270 off-street parking spaces located behind the hotel and the restaurant/night club. The number of utilized parking spaces included 257 on-site spaces, 30 on -street spaces and 15 spaces located at the Diamond Palace Seafood restaurant (302 spaces total). We were unable to determine the number of on-site spaces that were used by the patrons of the Best Western Hotel During the time of the survey no attempt was made, by any patron of the Platinum restaurant/nightclub, to use the K -Mart parking area. The public's use of the K -Mart parking area concluded at approximately 10:30 PM when it appeared that all employees had left the building. The lighting of this parking area was turned off at 11:00 PM. The lighting of the K -Mart parking lot provides a significant amount of illumination for Gentle Springs Lane. SURVEY OF OTHER CITIES: As part of our research we have gathered information from other cities concerning their off- street parking requirements for restaurants and for restaurants serving alcoholic beverages and having dancing and entertainment (i.e. NightClubs). The most utilized standard for restaurant off-street parking seems to be one parking space for each 100 square feet of gross building floor area. Most cities make a distinction when the facility adds dancing and entertainment as an ancillary use. The off-street parking ratio is generally increased to include the dance floor, which is most often calculated at one additional parking space for each 35 square feet of dance floor area. The notable exception is the City of Brea, which requires one parking space for each 7 square feet of dance floor area. It is our understanding that most cities require the issuance of a Conditional Use Permit (CUP) for all nightclubs or restaurants having dancing and entertainment. Among other things the number of required off-street parking spaces is acritical element of consideration when a city considers the issuance of a CUP. Many cities will increase the number of required parking spaces based on the anticipated demand. We have attached a summary of off-street parking requirements for a number of California cities that responded to our request for information. Attachment: Off -Street Parking Standards for selected California cities Platinum Rr-mumnt & Night -Club Parking Smdy Page No. 3 lientle Springs Lane 'DIAMOND ElAP RESTAURANT ® Total No. Off -Street Parking Spaces: 270 ® Total No. On -Street -ParkingS aces: 30 • Grand Total Parking Space Available 300 PROJECT Platinum Restaurant 245 Gentle Springs Ln. .. ! 0 -,4 cxl x ror B� PROP I yfp qD \� f � `\*�y cN•T O� � \ \ iQ�` / cp 40 �r jo to Cb "10 e. e• N � �, �� fi \ 0 fn lipIL LA City ofd Pi Caiiforniiia ` :. PROJECT Platinum Restaurant IMIT JUMC.. tl: tf 245 Gentle Springs Ln. 16-NOV-00 Page 1 9; .......... s —M Arcadia i space/100 square feet Assembly- I SpaCe/S Seats Or I space/35 squaw Source; Ca. Parking Standards, 1995. feet of non -fixed area Atascadero Restaurants and bars': I space/patron table plus A facility with a large dance floor may have I space/2 counter stools plus employee parking additional requirements. Source: Mr. Phillip Dunamore, City of (I space/6 tables, I space/100 square feet Atascadero kitchen space) Baldwin Park I space/200 square feet Public Assembly: I space/3 seats or I space/35 Source: Ca. Parking Standards, 1995. square feet of public assembly area Brea Minimum of 10 spaces or I space/75 square Assembly: I spacrJ3 seats or 1 space/35 square Source: Ms. Heather Werner, City of Brea foot gross floor area up to 6,000 square feet or feet Dance Planning Department 1/55 square feet over 6,000 square feet floor area: I space/7 square feet of dance floor area City of Industry I space/3 persons indoor and I space/5 persons Public Assembly- I space/3 seats or I space/24 Source: Ca. Parking Standards, 1995. outdoor square feet of noti-fixied area Claremont I space/l00 square feet 1 space/l00 square feet Source-. Ca. Parking Standards, 1995 direct Dance Floor: I space/2 fixed seats and I space contact for every 14 square feet of non -fixed seating assembly area in a room in which dance floor is located. Covina 1 space/50 square fc6t Assembly. I space/5 seats or I /100 square feet Source; Ca. Parking Standards, 1995. of non -fixed area El Monte I space/150 square feet Assembly: I space/175 square feet of non -fixed Source: Ca. Parking Standards, 1995. area Page 1 Page 2 -e-1 -==i: � v`y_ IiH�litsali:� -"= :. - ='S- �jon=sasatei=F�ancirt a _ifs-'fc"sicnrtoni��� ,� — xoto- nmli' .... ._y. _ _— lz •_:„:,,Nti�ot_,...py:'t� _ [ _._.:. • s _.:.:_'J:=slvtGliiLQ{lsn:{lvrr Fontana 1 spacel75 square feet Public Assembly: I space/35 square feet of non- Public assembly includes restaurant and fixed area nightclub facilities. Source: Ca. Parking Standards, 1995. Fullerton t space1100 square feet Assembly: 1 space/3 seats or 1 space/35 square Source: Fullerton Miuiicipal Code Table feel main assembly area 15,30.060; Ca. Parking Standards, 1995. Dance Floor: 1 space for each 2 fixed seats and 1 space for every 14 square feet of non -fixed seating assembly area in a room in which a dance floor is located. Glendale 1 space/100 square feet Assembly: 1 spacet5 seats or 1 space/35 square Source: Co. Parking Standards, 1995. feet of non -fixed area Glendora 1 space/3 seats Assembly: I space14 seats or 1 space/40 square Source: Ca. Parking Standards, 1995. feet of non -fixed area Grand Terrace 1 space1100 square feet 1 space125 square feet gross nightclub area with Source: City of Grand Terrace Planning no seating Department Highland I space175 sgaure feet of gross floor area up to Public Assembly (Nightclub): 1 space/3 seats or Source: City of Highland Development 6,000 gross feet and 1 spacc155 feet of gross 1 space 35 gross feet where there are no fixed Code Table 10.30-A,P floor area for dining over 6,000 gross feet seats or 1 space 12.5 persons of the occupancy of the building which ever is greater and I spacelevery 3 employees on the premises in a 24 hour period Irvine I space175 square feet of gross floor area up to Source: City of Irvine Zoning Ordinance 6,000 square feet and 1 space/55 square feet of gross floor area over 6,000 gross square feet Page 2 all - .............. Rem I space/t00 square feet Source: Ca. Parking Standards, 1995. Irwindale Assembly: I space/5 seats or I space/35 square feet of assembly area La Habra I space/4 seats and.] space/250 square feet of Same as restaurant; but may include Source: City of La Habra Planning ME -seating area requirements for Banquet Room with no Department permanent seating: I space/60 square feet La Puente I space/] 00 square feet Assembly: I space/3 seats or I space/21 square Source: Ca. Parking Standards, 1995. feet of assembly area Lake Forest Minimum of 10 or I for each 100 square feet same as restaurant Source: City of Lake Forest Municipal gross floor area up to 4,000 square feet plus one Code 9.168.020 for each 80 square feet of gross floor area over 4,000 square feet Loma Linda I space/250 square Oct Assembly: I space/3 seats or I space/50 square Source: Ca. Parking Standards, 1995. feet Manhattan I space/50 square feet of seating area including With live entertainment: I space/35 square feet Source: www.ci.rnarkbaltan- Beach cocktail lounge seating area beacli.ce.usthome/ Dance floor: I space/35 square feet of dance City of Manhattan Beach Parking Standards floor area Monrovia I space/2.3 persons (occupancy load) plus 7% Assembly: I space/5 seats or I space/30 square Source: Ca. Parking Standards, 1995. occupancy load for e TIployees feet of mon-fixed area Montebello I space/400 square fiet Public Assembly: I space/5 seats or I space/35 Source: Ca. Parking Standards, 1995. 1 square fee( of non -fixed area Monterey Park I space/55 square feet I space for each 3 seats or Ispice/35 square feel Source., Co. Parking Standards, t995. OnlWio I space/2 seals Assembly: I space/4 seats or I space/40 square Source: Ca. Parking Standards, t995. feet of main assembly area Page 4 — -- _"� _-= - 'x`= • t_�1s�es=E ufred€b'op Wi9dipt •.Affif .:::.. - -- _ - em__:_-:�:,>:,:.��.___ .?ariieaa[tr`efif - Source: Ca. Parking Standards, 1995. Assembly: I space/5 seats or l space/35 square Pasadena I space/50 square feet feet of assembly area Pomona I space/100 square feet Assembly: I space/3 seats or 1 space/35 square Source: Ca. Parking Standards, 1995. fee of non-fixed assembly area Rancho 1 space/100 square feet Assembly: 1 space/3 seats or t space/35 square Source: Ca. Parking Standards, 1995. Cucamonga feet of non-fixed assembly area Rialto 1 spacel125 square feet 1 space/30 square feet of nightclub floor area Source: City of Rialto Planning Department Riverside 1 space/100 square feet Assembly: 1 space/4 seats or t space/30 square Source: Ca. Parking Standards, 1995. feet of non-fixed assembly area City of San Minimum of 10 spaces or I space/35 square feet 1 space/200 square feet of gross floor area Nightclub may have the same requirements Bernardino of public seating area, plus 1 space for each 200 as restaurant, or may be considered a general square feel of all other gross floor area commercial use Source: City of San Bernardino Off -Street Parking Standards- 19.24.040 Santa Ana I space/100 square feet gross building floor 1 space./28 square feet of nightclub area A combination of the two parking area requirements would be used. Source: City of Santa Ana Planning Department Santa Monica I space/75 square feet gross building floor area 1 space/50 square feet gross building floor area Source: Santa Monica Municipal Code Table 9.04.10.08.040 South Gate I space/ 100 square feet of gross floor area up to I for each 3 fixed seats in areas used Source: South Gate Municipal Code 4,000 square feet plus 1 3pace150 square feet of simultaneously for assembly purposes, or if 11.34.030 gross floor area over 4,000 square feet there are no fixed seats, then 1 for each 100 square feet of floor area used for assembly purposes Page 4 Page 5 AM` 0, njeass, Assembly: I space/5 seats or I space/50 squaw Zii:5:6i IS- Source: Ca. Parking Standards, 1995. Temple City L spacel 100 square feet feet of non -fixed assembly area Upland 1 space/200 square feet Assembly: I space/5 seats or I space/40 squaw Source: Ca. Parking Standards, 1995. feet of non -fixed assembly area West Covina I I space/3.5 seats Assembly- I space/2.5 seats or 1 space/40 Source: Co. Parking Standards, 1995. square feet of non -fixed assembly area Whiltier I space/100 square feet up to 4,000 square feet Dance HaU:.l space/50 square feet Source: City of Whittier Planning and I space/50 squar e feet over 4,000 square Deparlmen( . feet Yorba Linda I space/I00 square feet Assembly: I space/3 seats or I space/30 square Source: Ca. Parking Standards, 1995. -A feet of main assembly area Page 5 Pi IN 101 Cnr of Biauobo BOB t DRINK CI H 3RD Ql��TT� - SLM DWTK 4l'tt 1:�::1�:1'i3.r• :.l.t! Cu!� u. �t� BUY ANY fULL PRICE DRINK GTT ANY SNOT fOR $1 EXCLUDES DRINK SPECIALS INTEROFFICE MEMORANDUM MWoNnBAR COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION TO: Chairman and Planning Commissioners FROM: Linda Kay Smith, Development Services Assistant DATE: November 22, 2000 SUBJECT: Revised Draft 2000-2005 Housing Element As directed by the Planning Commission on November 14, 2000, the revised copies of the Draft 2000-2005 Housing Element are attached for your review. The following pages have the revisions as discussed previously for this November 2000 draft: • Introduction, pages 1-4 and 1-5 Housing Needs Assessment, pages 2-4, 2-5, and 2-19 (#3 and #4 in table changed however is not highlighted) • Housing Constraints, pages 3-8, 3-10,3-11, and 3-19 • Housing Resources, pages 4-1, 4-2, 4-3, 4-4, and 4-9 • Housing Plan, pages 5-4, 5-5, 5-10, 5-11, 5-12, 5-13, 5-14, and 5-15 Recommendation: It is recommended that the Planning Commission close the public hearing and adopt a resolution recommending the City Council approval of General Plan Amendment No. 2000-01 for the draft 2000-2005 Housing Element. PIN PLANNING COMMISSION RESOLUTION NO. 2000 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY. COUNCIL OF THE CITY OF DIAMOND BAR ADOPT THE GENERAL PLAN AMENDMENT NO. 00-01, DRAFT 2000-2005 HOUSING ELEMENT, FOR THE GENERAL PLAN OF THE CITY OF DIAMOND BAR A. RECITALS. 1. On April 18, 1989, the City of Diamond Bar was established as a. duly organized municipal corporation of the State of California. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 3. Pursuant to the. requirements of Government Code Section 65588(a), the City of Diamond Bar has reviewed the Housing Element of the General Plan of the City and has determined that it is appropriate to revise that Element to reflect the results of this review. 4. The City prepared a draft revised Housing Element for the period of 2000-2005 and submitted it to the state Department of Housing and Community. Development ("HCD") for review on September 21, 2000, pursuant to Government Code Section 65585(b). The City in the form of a letter dated November 3, 2000,received HCD's comments on the draft. 5. Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State CEQA guidelines, California Code of Regulations, Title 14, Article 11, Section 15168(c)(2), the City has determined that this project is consistent with the previously certified General Plan Environmental Impact Report and Addendum certified July 25, 1995. 6. Pursuant to Government Code Section 65090 and 65353, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on October 26, 2000 in a one eighth page legal advertisement. Also, three other public places were posted. 7. The Planning Commission conducted a duly noticed public hearing with regard to the General Plan Amendment No. 00-01, Draft 2000-2005 Housing Element, at which time public comments were received by the Commission. The public hearing was opened on November 14, 2000 and concluded on November 28, 2000. 1 r; b-1 8. The Planning Commission, considered, individually and collectively, the revised Housing Element, and after due consideration of public. testimony, staff analysis, and the Commission's deliberations, the Planning Commission has determined that the General Plan Amendment No. 00-01, Draft 2000-2005 Housing Element, attached hereto as Exhibit "A" and incorporated by reference into this Resolution, implements the goals and the needs in terms -of the type of housing envisioned by the City's General Plan. 9. On November 28, 2000,the Planning Commission recommended that the City Council adopt General Plan Amendment No. 00-01, Draft 2000-2005 Housing Element, attached hereto as Exhibit "A". B. RESOLUTION. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Diamond Bar, as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.. 2. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, there is no evidence before this Planning Commission that the General Plan Amendment No. 00-01, Draft 2000-2005 Housing Element, proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 3. The Planning Commission has reviewed the Housing Element Guidelines adopted by the HCD pursuant to Section 50459 of the Health and Safety Code and the findings contained in HCD's comment letter of November 3, 2000 and has revised the draft in response to those comments. 4. The revised Draft 2000-2005 Housing Element is in full compliance with the requirements of Government Code Sections 65580 — 65589.8. 5. The revised Draft 2000-2005 Housing Element is consistent with the other elements of the General Plan because the revised Housing Element uses the land use designations of the Land Use Element and those designations in turn are reflective of, and consistent with, the policies and provisions of the remaining elements of the General Plan. 6. The housing goals, objectives, and policies stated in the revised Draft 2000-2005 Housing Element are appropriate for the City of Diamond Bar and will contribute to the attainment of the state housing goal. 0 7. The adoption of the revised Draft 2000-2005 Housing Element will aid the City is efforts to assist in the development of housing for all members of the community. zn 8. For the foregoing reasons, the adoption of the revised Draft 2000-2005 Housing Element is in the public interest. 9. The Planning Commission hereby recommends that the City Council adopt the General Plan Amendment No. 00-01, Draft 2000-2005 Housing Element, for the City of Diamond Bar attached hereto as Exhibit "A" and incorporated herein by reference. The Secretary of the Planning Commission shall: (a) Certify as to the adoption of this Resolution; and (b) Transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. PASSED, APPROVED AND ADOPTED THIS 28' DAY OF NOVEMBER 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. L-11", Steve Nelson, Chairman 1, James DeStefano, Secretary of the Planning Commission of the City. of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 28th day of November, 2000, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: FIA, 1 -9-14 ; 10 1 � N-01 0 1 UT I F*4 [ON K M ABSTAINED: COMMISSIONERS: ATTEST: Version Revised 11-28-00 James DeStefano, Secretary 3 City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 8.1 REPORT DATE: _ November 20, 2000 MEETING DATE: November 28, 2000 CASE/F'ILE NUMBER: Conditional Use Permit No. 2000-02, and Development Review No. 2000-20 APPLICATION REQUEST: The applicant is requesting approval of plans to connect a three panel antenna to an existing 60 foot high monopole and to construct a 12 foot by 12 foot concrete slab upon which to mount a five-foot high nine square foot equipment cabinet and associated utility meter. PROJECT LOCATION: 21400 Pathfinder Road Diamond Bar, CA 91765 - (Diamond Bar High School) PROJECT .OWNER: Walnut Valley Unified School District 880 South Lemon Avenue Walnut, CA 91789 APPLICANT: Metricom, Inc. 1460 East 33rd Street Signal Hill, CA 90807 BACKGROUND: . The subject property is a fully developed public high school (Diamond Bar High School). It is owned and operated by the Walnut Valley Unified School District. The site is zoned R-1,7,500. The southwest corner of the athletic field has been the subject of previous requests for the construction telecommunications antennas and associated unmanned equipment facilities. The City has previously approved the construction of two monopoles at this location (see CUP 92-11 and CUP 94-7). The telecommunication facilities have been utilized since 1993. The existing ground mounted equipment storage buildings are located within a fully enclosed and screened area. g-AStd tpW.PCtupOWrMrW20HighScbwl-PathSnda-novW.doc The land uses surrounding the subject high school site include single-family residential to the north, south and east, with commercial development located along the SR 57 Freeway to the west. The proposed project is located adjacent to the football stadium and is less than 100 feet from the closest single-family residential dwelling. The site is elevated approximately 50 feet above the dwelling unit to the south. The previous Planning Commission approval of the 60 foot high monopole included a condition that the pole be designed and constructed with the capability of use by dual service providers (see Planning Commission Resolution No. 95-17) This request is for the City's approval to connect to the existing monopole in accordance with the intent of previous City approvals. On March 2, 1999, the City adopted an ordinance establishing development standards for radio and television antennas and wireless telecommunication antenna facilities (Ordinance No. 04 [1999]). The proposed project was reviewed as to its compliance with the City's adopted development standards as set forth in Section 22.42.130 of the City's Development Code. ANALYSIS: The proposed antenna will be located approximately 10 feet beneath the existing antenna equipment mounted at the top of the existing 60 -foot high monopole. The new antenna equipment will be painted to match the existing equipment. The proposed unmanned equipment will be located within the existing. fenced and screened area that located near the existing monopole. The electrical service to the new equipment will be installed underground. The equipment cabinet is approximately 3 foot by 3 foot six inches. The height of the cabinet is 5 feet 2 inches. The surrounding fencing is six feet high. The equipment will be completely screened by the existing fencing and landscape material. The existing eucalyptus tree located on the slope to the south of the existing facility screens the project from view from the residential community.,. The site is elevated above the road surface of Brea Canyon Road. The existing slope landscaping softens the appearance of the existing facility. The proposed project is subject to the development standards set forth in Section 22.42.130(7) of the Diamond Bar Development Code. This section of the code deals with the "Modification to Existing Facilities". The existing telecommunication facilities were legally constructed prior to the effective date of the new ordinance requirements. The proposed modifications will not increase the height of the existing facilities. Potential adverse visual impacts have been or will be mitigated to the maximum extent possible. No required parking spaces will 'be eliminated as a result of the proposed modifications. The applicant has provided additional information concerning the proposed project. The information has been attached to this report for your review and consideration. CONCLUSION: The proposed modification to the existing telecommunication facilities located on the subject property are consistent with previously adopted policies of the City, as set forth in the General Plan, to guide the orderly development of the community, to promote the public health, safety, comfort, convenience, and general welfare of the City's residents, to protect property values, and to enhance the aesthetic appearance of the City by maintaining architectural and structural integrity and by protecting views -from obtrusive and unsightly accessory uses --and facilities. 2 . ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(b), Class 1, the City has determined that this project is Categorically Exempt. PUBLIC NOTIFICATION: On November 16, 2000, approximately 296 property owners within a 700 -foot radius of the subject property were sent notices of the public hearing on November 17, 2000. On November 17, 2000, this application was advertised in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin. RECONEWENDATION: The staff recommends that the Planning Commission open the public hearing, receive testimony, close the public hearing, and approve Conditional Use Permit No. 2000-02, and Development Review No. 2000-20, Findings of Fact, and conditions of approval, as listed within the resolution. 1 1I 1. The proposed project, to the extent feasible, blends into the surrounding environment. 2. The proposed project, to the extent feasible, is screened or camouflaged by existing topography and vegetation. 3. The proposed project is consistent withthe surrounding development in terms of mass and scale. 4. The proposed project is sufficiently setback from the surrounding residential structures. 5. Access to the proposed project is taken from existing facilities located on the High School site and no new access roads will be required. 6. The proposed project conforms to the City's most preferred location in that it is to be co -located with an existing facility at a pre -approved location. Prepared by: LDM Associates Planning Consultant 3 Ilacaull Founded in 1985, Metricom provides wireless data communications and network solutions for personal computer and industrial applications. The firm, headquartered in Los Gatos, California, develops license - free, high performance products that feature advanced, spread -spectrum packet radio technology, which sends data across a network of intelligent radio nodes. Metricom's Ricochet division provides wireless access and communications solutions for groups and individuals using computers in the corporate, consumer and education market sectors. Ricochet offers affordable monthly subscriptions to its wireless service at flat rates which includes internet and e-mail accounts with unlimited usage. Subscribers can also access corporate LANs and intranets, on-line services such as American Online and CompuServe with additional options. ,, 1 The intent of Metricom is to provide high speed mobile internet access services for personal and business purposes to the City of Diamond Bar and surrounding communities. num The applicant proposes to install a Wired Access Point (WAP) facility on an existing monopole, owned by SpectraSite Communications, Inc., previously owned by Smart SMR of California, Inc. The site is situated on a portion of the property located in the City of Diamond Bar, identified as 21400 Pathfinder within the Diamond Bar High School campus and is identified on the City Telecommunications Facilities Opportunities Map. The facility would be utilized to locate the following: ® Three (3) antenna sectors. Each sector will have four (4) panel antennas and will be mounted 10' below the top of the existing 60' monopole. Each panel antenna will have the dimensions of 36" high_ x 10.5" wide x 2.5" deep. By using an existing monopole to mount the panel antennas, the need to construct a new monopole is avoided. Furthermore, eucalyptus trees partially screen the existing monopole. ® One (1) - Equipment cabinet (29" wide x 32" deep x 72" high) will be ground mounted within an existing 6' high fence enclosure adjacent to an existing shelter on the west side of the monopole. Metricom has received permission from the property owner to allow construction and maintenance of the facility, as well as access to the site. GENERAL SITE ANALYSIS Unlike other land uses which can be spatially determined through the General Plan or other land use plans, the location of wireless telecommunication and data facilities are based on technical requirements which include service area, geographical elevations, alignment with neighboring sites and customer demand components. Placement within the urban geography is dependent on these requirements. Accordingly, wireless telecommunication and data facilities have been located adjacent to and within all major land use categories including residential, commercial, industrial, open space, etc. proving to be compatible in all locations. The proposed facility is unmanned, and will have no impact on circulation systems, and generate no noise, odor, smoke, or any other adverse impacts to adjacent land uses. The proposed facility will allow commuters and residents within the coverage area wireless access to the rapidly expanding communication infrastructure by providing data transmission services. The installation of the proposed facility will not result in changes to the character of the community. The proposed wireless telecommunications facility will be in full compliance with all state and federal regulations including the Telecommunications Act of 1996. Eldsting Use The subject area is located along Brea Canyon Road in the City of Diamond Bar within the Diamond Bar High School campus, adjacent to the school's football field and is zoned (R-1) Low Density Residential.' The site is presently being. used by NF..XTEL for mobile telecommunications. Surrounding Uses Irregular topography and, improved streets characterize surrounding properties. Surrounding land uses include: Diamond Bar High School to the north and east of the monopole and residential to the south with the 57 freeway adjacent to the west. Easement/Utilities Metricom has obtained, from the property owner, the right to gain access to the site, as well as a lease for construction and operation of a commercial wireless facility. PROTECT BENEFITS Metricom's Diamond Bar WAP Facility has the following benefits: • Brings leading-edge technology to the community, including businesses, households, schools, public service agencies, and medical facilities. • Inter -city wireless communications and information, including wireless "e-mail". • Can provide non -emergency communications for dispatch vehicles, such as police, fire, building inspectors, appraisers, parks and recreation, etc. • The project will have no environmental impacts. NARRATIVE The intent of Metricom.is to provide high speed mobile internet access services for personal and business purposes to the City of Diamond Bar and surrounding communities. The applicant proposes to install a Wired Access Point (WAP) facility on an existing monopole, owned by SpectraSite Communications, Inc., previously owned by Smart SMR of California, Inc. The site is situated on a portion of the property located in the City of Diamond Bar, identified as 21400 Pathfinder within the Diamond Bar High School campus and is identified on the City Telecommunications Facilities Opportunities Map. Section 22.42.130 (G) of the Diamond Bar Development Code may allow a wireless telecommunications facility to be authorized by an Administrative Review as long as it complies with requirements set forth in Section 22.42.130(6)(2) subparagraphs "a" through "g". Even though Metricom's proposed WAP facility is co -locating on an existing approved monopole, it seems that it does not meet the criteria of an Administrative Review due to the issue regarding antenna concealment. The existing monopole does not provide the opportunity to conceal the proposed antennas. Based on technical requirements, Metricom's target area for their WAP facility, is within a predominately residential area with a minimal amount of existing tall structures to accommodate their equipment. Metricom has made considerable effort in choosing a site that conforms to G6(f)(1)and(2), of the Diamond Bar Development Code, Section 22.42:130, and to meet their own technical needs. By using this existing monopole to co -locate their antennas, the need to construct a new monopole is avoided. PLANNING COMMISSION RESOLUTION NO. 2000 -XX A RESOLUTION OF THE PLANNING CON VIISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-209 CONDITIONAL USE PERNIIT NO. 2000-02 AND A CATEGORICAL EXEMPTION, A REQUEST TO CO -LOCATE A TELECOA MUNICATIONS ANTENNA ON AN EXISTING MONOPOLE AND TO .CONSTRUCT A NINE SQUARE FOOT EQUIPMENT CABINENT AT THE EXISTING FACILITY. THE PROJECT SITE IS LOCATED AT 21400 PATHFINDER ROAD - (DIAMOND BAR HIGH SCHOOL), DIAMOND BAR, CALIFORNIA. A. RECITALS. The property owner, Walnut Valley Unified School District, and applicant Mr. Keyur Mistry, acting as the agent for Metricom, Inc., have filed an application fora Conditional Use Permit No. 2000-02 and Development Review No. 2000-20 for a property located at 21400 Pathfinder Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Development Review, Conditional Use Permit, and Categorical Exemption shall be referred to as the "Application." 2. On November 16, 2000, public hearing notices were mailed to approximately 296 property owners within a 700 -foot radius of the project site. On November 17, 2000, notification of the public hearing for this project was provided.in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, and the project site was posted with a display board. Further, the public notice was posted at three public places. 3. On November 28, 2000, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. B. RESOLUTION. NOW, 'ITIEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the 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 Section 15301(b). Furthermore, the Categorical Exemption reflects the independent judgement of the City of Diamond Bar. g:\ftw1 ow PCNCUPO"2etc DS M0SCkM n WW -dM 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse - effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: - (a) The project site is a fully developed public high school and the proposed project is the co -location of a telecommunication antenna to be attached to an existing monopole. - (b) The project site has a General Plan land use designation of Low Density Residential. (c) The project site zoned R 7,500. (d) Generally, the site is surrounded to the north, south, and east with R-1--7,500 zoned property. The property to the west is zoned CPD (Commercial Planned Development). Development Review (e) The•design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments). The project site is an existing fully developed public high school with similar type telecommunication facilities located within close proximity of the_proposed project. On July 25, 1995, the City adopted its General Plan. The proposed project complies with the General Plan land use goals, objectives and strategies. (f) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. The project site is an existing public high school. The site contains similar telecommunication facilities. The proposed project includes the attachment of an antenna to an existing 60 -foot high monopole. The associated nine square foot equipment cabinet will be located in an existing fenced and screened area. 0 (g) The proposed project, to the extent feasible, is screened or camouflaged by existing topography and vegetation. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. The proposed project is consistent with the surrounding development in terms of mass and scale. The proposed project is sufficiently setback from the surrounding residential structures. Access to the proposed project is taken from existing facilities located on the high school site and no new access roads will be required. (i) The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and .Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public -health, safety or welfare or materially injurious to the properties or improvements in the vicinity. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) Pursuant to the provisions of the California Environmental. Quality Act (CEQA), Section 15301(b), the City has determined that the proposed project is categorically exempt from the provisions of CEQA. Conditional Use Permit (k) The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed telecommunication project is permitted on the subject property as set forth in Section 22.42.130 of the Diamond Bard Development Code. (1) The proposed use is consistent with the General Plan and any applicable specific plan; The proposed project is consistent with the goals, objectives and strategies as set forth in the City's adopted General Plan. 3 (m) Design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; . The proposed co -location of the telecommunications equipment with existing facilities is consistent with the City's development policies. (n) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; and The project site ig '-a fully developed public high school with similar telecommunication facilities in place and operational for approximately eight years. The minor addition to the existing facilities will have no additional impact on the community. (o) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; Before the issuance of any City permits, the proposed project is required to: comply with all conditions set forth in the approving resolution; and the Building and Safety Division; Public Works Division; and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions:. (a) The project shall substantially conform to the submitted plans presented to the Planning Commission, and as such plans may be amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, the applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. ..It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such -services. (c) All conditions of Planning Commission Resolution No. 95-17 as such conditions apply to the landscaping and maintenance of this site shall be complied. with. 4 (d) All utility service to the proposed project shall be installed underground and such installation shall be completed prior to the Spring of 2001 to the satisfaction of the City Engineer. (e) Underground trench replacement shall conform to the Public Works Division Standards. Traffic control shall be installed in a manner acceptable to the City Engineer. - (f) Construction shall be limited to 8:30 am to 4:00 p.m. Monday through Thursday and 8:30 am to 3:00 p.m. Friday. No work shall be done Saturday or Sunday. (g) Construction Plans shall conform to State and Local Building Codes (i.e., 1998 editions of the Uniform Building Code, Plumbing Code, Mechanical Code and 1998 edition of the National Electrical Code) as well as the State Energy Code. (h) The proposed antenna attachments shall be engineered to meet wind loads of 80 m.p.h. with an exposure "C". The existing monopole shall be designed for the additional antenna loads. (i) All proposed cable installed on the exterior building wall shall .be flashed, painted or otherwise treated to match existing buildings and equipment. (j) In the event that cable or electrical conduit is install from the BTS cabinet or any vault, such installation shall be made underground in a manner acceptable to the Building Official. (k) This: entitlement is valid for two -years and. must be exercised (i.e., construction started) within that period or this entitlement shall automatically expire. A one-year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (1) This grant shall not be effective for any purpose until -the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays applicable City processing fees, school fees and fees for the review of submitted reports. (m) All requirements of the Development Code and the underlying zone district shall be complied with unless modified by this entitlement. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and 5 A% mail, to: Walnut Forthwith transmit a certified copy of this Resolution, via certified Valley Unified School District, 880 South Lemon Avenue, Walnut, CA 91789, and Mr. Keyur Mstry, c/o Metricom, Inc., 1460 Fast 33rd Street, Signal Hill, CA 90807. APPROVED AND ADOPTED THIS 287h OF NOVEMBER 2000, BY TBE PLANNING CONMMSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 28th day of November 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary V NYD BARL CM OF DIAMOND BAR DEPARTMENT OF COMMUNITY & DEVELOPMENT SERVICES Planning Division 21660 E. Copley Drive Suite 190, Dimmood Bu, CA 91765 (909)396-5676 Fax (909)861-3117 Nome Walnut Valley Unified . . (LEM moic fird) AM= 880 S . L an City Walnut, CA -Zip 21789 Phone( )909-595-1261 AFPLcmt Metricom (Lad num first) _1460 E. 33rd St. Signal Hill, CA 90807 phone( ) 562-088-0039 Fax ( ) Fax ( ) 562-988-7790 FP1, 0 Deposit Recap By _.j.. Date Reed FOR crn, USE Applicants Agent Arthur, Peter(RCC) (Last name first) 3158 Redhill Ave #2E Costa Mesa, CA 92626 phone( )714-754-5431 Fat ( )714-754-5721 NOTE: It is the applicant's responsibility to no* the City in writing of any dmgc of *the principals involved during the Processing of this Case. (Attach separate sheet, if ucccumsy, iwistdiog n==, address, and sigmttures of=bcn ofprtn=%bjMjoint ventures, and &met= of capamtions.) Consent I certify that I am the owner of die herein dewribedproperty "and permit die qpficant8ofile dsh nqueA Signed Please see 'attached lease Date (All record owns) Certification: 1, the undmigne4 hereby coo wukrpenaky ofperjwy thatthe inforaudan herein provided is Correct to the beg of my knowledge. Print Name Pete .Arthur (RCC Consultants, Inc.) (Appy a Agent) Daft (Applicant w Agent) Location 21400 Pathfinder Road (Street addnm or tract• and lot number) Zoning R-1 :Z House Numbering Map PP. q7L pm,vious CL= CUP T92-11, DR 92-5, and CUP 96-12 &.4 7 of W PresentUscofShe Wireless telecommunications monopole adjacent to DBHS FB Field Use applied for same use with expanded wireless telecommunications facility co -located on existing monopole for wireless high-speed mobile internet City of Diamond Beer _ CONDMONALUSEPERNIT Page Two Project Size (gross acres) N / A _ Project Density Previous cam Present Use of Site for Domestic slater Source N /A CompaayMi trict N / A Method of Sewage Disposal N / A Sanitation District N / a Grading of Lots by Applicant? YES NO x Amount (Show necessary grading design on site plan or teen, map) __-....__., _ _..._ .____.._.. _. _. _._.......... -1NIDMONAL USE PERMIT BURDEN O— ROOF _ **Please See Attached** In addition to the information required in the application, the applicant shall substantiate to Vthe satisfaction of the Planning Commission, the following facts: (answers must be full & complete) A That the requested use at the location proposed will not: z 1. Adversely affect the health, peace, amort or welfare of Pins residing or working in the surrounding m'M, 9 2, Be materially detrimental to the use, enj mcnt or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public he" safety or general welfare. B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features pry in this Title 22, or as is otherwise required in order to integrate said use with the uses in the sor mmiling area. e C. That the proposed site is adequately served: 1. By highways or streets of suiRcient width and improved as necesmy to ca=ty the kind and quantity of traffic suck use would generate, and 2. By oilier public or private service facilities as are required. Tow Units Bachelor 1 Bedroom 2 Bdrm. & largo Tow Pk& COY Pk& Uncov. Pkg. Project Size: Lot Coverage: Non-residential: Sq. ft. anew Maximum Height No. offloors• Sq. Footage No. of Bldgs. Ooatpant Load* CEW Burden Gamof - Page 1 Parking: N / A _ -- Total Standard Compact Handicap Landscaping: N / A Sq. feet Grading: Y N= IfYes. Qmtily cat: Pill: Impart: Y _. N X If Yom• QwmtitY. Export: Y _ N If Yes. Qnantitr ' * Occupant Load as calculated by the .Buildmg & Safety Dbutan is required for all dining, take -aur or assembly arse, churches, health clubs, theaters, etc. LEGAL DESCRIPTION (all ownership comprising the proposed bt(s s) Please see attached FMTT M. 1 . I 1 7-I 117- iI 177 _ Residential Project: and (grass ) (No. of ba). Proposed density (Units/Acres) Parking Ragoirod COMMUtiond tT of 2 CITY OF '`IAMOND BAR drZ_ COh%M DEVELOPMENT DEPARTMENT 21660 E. Copwy Drive Suite 190 (909)396"5676 Fax (909)961-3117 DEVELOPMENT REVIEW APPLICATION Record Owner Applicant None Wt -N_01 Vtht.0 L VNO fits (Lan name iust)9oloc, Disr Add,= en -3. LZ-"oN Avc city I,J�-n►.v i Phone(°ro� M 'ciao N T -3 'T 9IC.�NAct.. HFILL" A- 9Ogo7 Phonc l) 9 g8' — 0 () Casein - FPL Deposit S Receiptt+,�„r:^� By Date Reed Applicant's Agent M M-5ey •KE ` U(Z (Last name fust) 3 UOa A-c,� K-1 CA I 15 02 MncR&),9S3-3oti0 *126 NOTE: It is the applicant's responsibility to notify tate Community Development Director in writing of any change of the principals involved during the processing of this ease. ; (Meath a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and direeters of corporations.) . Consent: I ccn* that I am the owner of the herein described property and permit the applicant to file this request. Signed 5fe X47-PsAc t -u --t, Da (All record owners) Cerhficatfon: I, the undersigned, hereby eerg& under penalty of perjury that the inifonnadon herein provided is cornet to the best of my knowledg��et.. Print Name Kf `I 0fL ! " t �/ ISTAN (A •cast or Agent) Signed Date /0- 03*_ uo al (Applicant or Agent) Location 2-14 OO PA i H -Fir -JL K. (LOr`kb (Street address or tract and lot number) - Zoning ,M Previous c CVP 97--tV DA 12--9 CUP `i G r 2 Present Use of Site L�1 lLGt.cSS 1 �� Mr'w N ��A?� �..1 S i1oN� p� t ADT,At &J I —Vo I t3 )4 S -Use applied for 3Ar-e USC W i H CX �� :J wt &&ILSs T-;Od- t t.•,t Ir `'i C•o - i.ZCtd i c Q 0^3 C SIS i t 0•ic; I. 11 itEVESS 4-r- H "S id ("211 me DA (A h.1G7uCjA e_ r An application for Development Review is required for any and all ial,.industrial, institutional development, and any residential project which proposes five dwelling units or more (detached or and which devolves the issusince of a building permit for construction or reconstruction of a structure(s) which meets the following criteria: 1. Now construction on vacant property; 2. Structural additions to new buMWV which are equal to fifty percent of the floor area of an existing on-site building(s), or have -a minimum tea dwusand square feet in gross floor ; 3, to #iffy percent of the floor area of existing on-site building(s), or have a minimum &= dmmsand square feet in Sross floor are; 4, a substantial change or intensification of land use, such as, but not limited to, the conversion of an exhft bwlft to a suawrant, or the ceaversion of a raritlential structure to -an office or commercial use. 5. Residential, commercial, industrial, or institutional projects proposed upon a decending slope abutting'a public street. ALL DEVELIOPMENT REVIEW APFUCA71ONS SHALL CONTAIN THE FOLLO1A7NG INFO MOAN: A. A detailed site plan, floor plans and elevation= showing: 1. Dimensions and orientation of the parcel with the scale clearly indicated. 2. Location of buildings, structures and signs, both existing and proposed. 3. Location of save overhang and architectural features. 4. Location of landumping and irrigation, both existing and proposed. 5. Grading flans, including earthwork calculations. _ B. Development Review requires 15 full sized folded copies and 30 reduced (SSA x 11) of 'each C. All building elevations including signage. D. Indicate types and colon of all exterior construction materials with a materials board. Include a colored rendering of the proposal (both maximum sire 8'x14'). E. Location of all walls and fences, their height and materials of construction. F. Copies of any and all CC&R's applicable to the development or use of the land. G. Any other architectural and engineering data as maybe required to'permit a complete investigation of the proposal. H. *?W* land use radius map. 506' property ownership map. 1. 2 sets of gummed mailing labels for all property owners within the 300' radius (including applicant and/or applicant's agents). Number all lots and cross reference with labels. Include a photocopy of all labels. 7. Photographs of site and key diagram. K. Oak tree statement. L. 2 copies of a Tusk Report that is has than 30 days old. THE MATERIALS HEREWITH BEING SUBMITTED DO NOT CONSTM= A COMPLETE FILING OR AN ACCEPTANCE BY THE CITY. Within 30 days Som the date noted on the fee rcci p _the applcant or his m will be auled a statement notifying him if additional materials or information are seeded. ., ,. - -_. 1 _..1 IN I ML.=AIN a IT73 .1 1 , 1. 9 AddL*xel kfarrea&n may be requested' by Me P ' n in order so compkM d w processfig of &%& jVpfienfion. ' ed 9/97 TREE PRESERVATION STATEMENT [ subject property contains no oak, walnut, sycamore, willow, or naturalized California Pepper trees. [ ] The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant anticipates that no activity (grading and/or. construction). wM take place within five (S) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. . [ ] The subject property contains one or more oak, walnut, sycamore, willow, or naturalized California Pepper trees. The applicant states that activity (grading and/or construction) wil take place within five (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized California Pepper tree. A Tree Permit- has been or will be applied for prior to any activity taking place on the property. (Applicant's signature) D:W0RD-LMA1FOR1MTM STATFMDff I /0 03 - Za�� . (Date) ,''�xc "P:-r°r'wm° nn°�°nNds+eloa � °amrt�Ar P�muwD�m na rc� no x�mw ra ou1OC1uo o°D°nw rcwiSmmoE rmiMCre+u DRIVING DIRECTIONS Metricom DIAMOND BAR LACI 191765001 21400 PATHFINDER DIAMOND7 RAW LANG LOCATION:♦omrnv m (+) au our000e urnowu einem. (.7 uomr.Ls Pm s[no" . (D) stmoes. eoww, uouxrzo , icDaaw¢ n+mn[ iDe+°�°Enm�uw�"0xee°iu manes °u"uxwD wo[s fw¢xrr..s. wuwxm mnEvss au r+turc cDxsanxc m nuaEsz n �E P� o +o Dt coxs+rcso to �wr[ .rw+ x°m1H°'C + E�o[wmuuuuntt.//ccPs S�r+vw xC'9Om[ i'DrCOu mnL1NG w E m + ras[ mo[s. rutl. Xpi [Yrrm (+]). ME ZEE. xEWiDS L exrOvct IDn6xRubt ®E yp/ry to-t,D2 W[+i px[mIDM EruLL DE ADNEIm +Dun[, SSim m� x[MnmEN(i (xy p°ES ix t xs) y [IDC W m9� E D.VA Si511NE ant PPDsd[ CwDtS v�[Ax[ w i w°Dr BIW.mS m0[ rK L vuurtu PlwDrS i� IM p Y° u1iiMPExO[rrt CDuuAYw°CAn°x ° Enw88, ,new[ebrnxu�[src A� r]m°�"Ss (mW ® xuerua u2r¢ r r v.SL ir4 RtIIm°xE DDvxWµ Smut[ ndM BC 1¢DwCu tD£ �ft d�Y/¢w1DadCf °rza�w4E r 8mm"vNCcrtDwuumes Av tYE°°m[Y +uNt 065RA. PROJECT DESCRIPTION CODE COMPLIANCE APPUCANTILESSEE NNBxtt. G Eim3•SV°E wmuE: YNBL� tai87 a"'uiDaiD PROPERTY INFORMATION SPrtDUEriC CowrwlAltlrd, wL uDx¢z �� ] sc P.wxxA< su°c mo fnu m mrsmucnmc .. m n. ocmwn line mxsixucrax nv[: ewwtm ]ora�c xiA warxDx �: �t„Px x [ xurocw xmuwtutxm roam s uxuwum ,wo xoi row .�cE"""zs rx`�ol nio"uwmwrmrwPm PROJECT INFORMATION Eu+ tcamx: 1113 x 0 rx0008 µVAutxt ttPL ❑tri xLS ®SUMS Fxa malpw 0 5[Cr+SUPPDxf 1Dttn axooDt ❑DDa xw ®rmnrc [oxm � o+xm pArte uxx) ARCHITECT: -DM1�uPSExWR 2 �tS+nml, - 110 M 826+._52 Puwrc: (8.8) nx onx fu° (o♦ol as -m]+ STRUCTURAL ENGINEER: - s swi xm toxo) an-av, ELECTRICAL ENGINEER °n01Psmm sur�rtiao ''.... PrCOxmixE ` le♦e) aar" °.., rAc tzxe) a:: -Du, �� LAND USE PLANER: w HI Ex[ Purr A2 m�PxDx xxA Pr,w a, PWl mmuon u,IDD . ,xm,x. udR SHEETINDEX DYMLR ieoxw� Pexrvu .DdnDxx..PPD� APPROVAL LIST mun st�prte 6 _ � e b Io�NBPop V � ae e (B) R uRs �� MRIN 754- oPoSCo r rPc roe m�wxR c.eu; - Poz m w+wcvc Bm � m 3 � _ _ 7�(p S'a � oxvvosm mtm r[vmu o06oax�or seas osnm�ms. as munrsouz ar .xo arnrca oesmm owneres/smunnuvEs, on uuir+c osauccs As zxw.x ecrm+ � iv oC ce�um U�NP�S��0.VNVYFAtt N�25 9xv IUE iMIE u00.M PAI 1 CITF PI AM )'PLANS PREPARED BY: D 11A G20U?S EN6tNEERiNG.dNC: 11- bl CONSULTING ENGINEEIS - 1m60iu� a vzmvm sic CONSULTANT DRAWN BY:CHK.:—APV.: C MC CONSTRUCTION MANAGER: WFI the bat leader - IN COM OLTTSOURCINO v..4 st9 vve �WCG'a. G9tivi - SHEET TRLE OVERALL SITE. PLAN. -- SHEET NUMBER: REVISION III �] J m Metricon I.B.,r0Gyuafiorts- 16801 po'nl PoeX Driv< Nous( n50iX 77060 - PROJECT INFORMATION: DIAMOND BAR - .LAC1191765001 21400 PAiNFINOEft RD DLAMOND IN 9)765. LOS ANCELES COUNTY CURRENT ISSUE DATE- 06/ ATE06/ SSUED FOR [ ZONING REV.: DATE:—DESCRIPRON: ISSUED FOR 06/24/00 20NIN0 - CP 3 ISSUED FOR 03/28/OD BLUE UNE FC ISSUED FOR 01/01/00 PINK UNE FC ISSUED FOR 02/25/00 PINK LINE FC _ PLANS PREPAAED BY: DMA GROUPS EMGIMEERIAIG. IMC. V� CONSULTING ENG)NEFtS - CONSULTANT: DRAWN BY CNK.: APV.: , CONSTRUCTION MANAGER:1 VVFl the�tDba.t (eDder IN ECOM OUTSOURCING ox fu HEET TITLE• ANTENNA LAYOUT EQUIPMENT LAYOUT =SHEET NUMBER: N-ISION- 4 IOOME076 ALL EXPOSED ANTENNAS. MOUNTING PIPES/BRACRETS. CABLES AND CONNECTORS TO BE PAINTED TO MATCH EXISTING BUILDING. - O4 b EXISTING NEXTEL SHELTER b SPCTO b . EXISRNC 6•-T HIGH . SECT g2tArUTOq J - CHAIN LINK FENCE EXISTING STEEL MONOPOLE - PROPOSED J -BOX BY NMICOLI - t2' -O• PROPOSED QUID CARIE TO TSU CABINET LEASE AREA BOUNDARY ETHERNET CABLE IYP. E-RA01D BOX TW'. BY METNICOM - - PROPOSED MEIRICOU ANTENNAS (4 PER SECTOR. W.. 3 SECTORS TOTAL) PAINTED 70 MATCH (E) MONOPOLE / �\ ANTENNA LAYOUT " " ® 2 " /I \ I ml IBM CABINET \\ I 4E x-ve. upuxTwc PwE ...z EmExxn .vrtmw PEx PI.w w/ ' wmi o�uun n�D1HtiunmPm"E m mxnu A - fiNLXRS PROPOSED MEMICOU - - RxEARR wom SxtxfY ox nwiE 1G. vux EOUIPMENt CABINET nAxOnroP a unntouEliim (Duan) APE PRDPOSEO 12'X12' PAD wSMUID R cmrtXrnoR 17 ro.nnt t CONCRETE (AwE (p[9px Bim MAD C0.'1PpMigN) PGUP+�Ul. ] _ - PROPOSED UTILITY PEDESTAL C On ]-JAe pW'[ wc xourt. L i0 Pm AxRRw (rcPJ PROPOSED ELEC/)ELCO CONDUR RUN UNDERGROUND Dos (1 PEA E-XAou) TO A EXISTING LEC PANEL ON STREET NOT " ALL EXPOSED ANTENNAS, MOUNTING PIPES/BRACKETS, CABLES NOT AND CONNECTORS TO BE PAINTED TD MATCH EXISTING UONOPOLE. - IS' OUIPMENTCABINET IS 41- IN HEIGHT ANTENNA MOUNTING DETAIL 131 EQUIPMENT LAYOUT 7 Metricon I.B.,r0Gyuafiorts- 16801 po'nl PoeX Driv< Nous( n50iX 77060 - PROJECT INFORMATION: DIAMOND BAR - .LAC1191765001 21400 PAiNFINOEft RD DLAMOND IN 9)765. LOS ANCELES COUNTY CURRENT ISSUE DATE- 06/ ATE06/ SSUED FOR [ ZONING REV.: DATE:—DESCRIPRON: ISSUED FOR 06/24/00 20NIN0 - CP 3 ISSUED FOR 03/28/OD BLUE UNE FC ISSUED FOR 01/01/00 PINK UNE FC ISSUED FOR 02/25/00 PINK LINE FC _ PLANS PREPAAED BY: DMA GROUPS EMGIMEERIAIG. IMC. V� CONSULTING ENG)NEFtS - CONSULTANT: DRAWN BY CNK.: APV.: , CONSTRUCTION MANAGER:1 VVFl the�tDba.t (eDder IN ECOM OUTSOURCING ox fu HEET TITLE• ANTENNA LAYOUT EQUIPMENT LAYOUT =SHEET NUMBER: N-ISION- 4 IOOME076 2 ELI0 c N 7 3 9 Q 0 L.I 0 O 3 ITT CE c E E 0 V. d GE: �P Met icom IfiB01 G eeFnspo ! Poh om. s.1, n501X 7706D - PROJECT INFORMATION: - -DIAMOND BAR - LACI 191765001 21400 PATHFINDER RD - DIAMOND DAR,CA 91765 L05 ANGELES COUNTY CLORENE ISSUE DATE: ��06/24/00 SUED FOR: ZONING REV.. DATE:=OESCRIPRON:DT: ISSUED FOR 06/24/00 ZONING CP 3 ISSUED FOR 03/20/06 OWE UNE FC ISSUED FOR 2 03/01/00 PINK.LINE FC ISSUED FOR 02/25/00 PINK UNE FC LPLAINS PREPARED BY: 1 ® DEVIIA GROU?5 ®)s EMGNEERIAIG.INC. EONSULTINGENGINEFXS ONSULTANI:tT - CDRAWN BY:=CHK:—APV: DNSTRUCTION MANAGER: WF"I the(oBnt lender - - IN CON OUTSOURCING (eis) ev-.toio01 T o .. (AtA OU-.twn t« SHECT TITLE: NORTH- & SOUTH ELEVATIONS SHEET NUMBER: REVISION: - 4 100ME0T6 - (E) ANTENNAS OMNI (E) ANTENNAS OMN - EXISTING ANTENNAS B' -O' HIGH EXISTING 11 PERCSANTENNAS C OR. - (i PER SECTOR, TYP. 3 SECTORS TOTAL) TIP. 33 SECTORS TOTAL) PROPOSED METRICOM TOP OF MONOPOL TOP OF MONOPOLE PROPOSED METRICOM - ANTENNAS 14 PER SECTOR, - I ANTENNAS (4 PER SECTOR. _ - ttP.. 3 SECTORS TOTAL) TYP.. 3 SECTORS TOTAL PANTED TO MATCH (E)) PANTED TO MATCH (E) MONOPOLE UONOPOLE - 3 TOP OF ANTENNA - TOP OF ANTENNA - - e - l.EUIERM 11W AMETUILCENJEBLDIL EXISTING 60'-O' - EXISTING 60'-O- HIGH MONOPOLE - HIGH MONOPOLE EXISTING 6' -Ir HIGH - EXISTING 6'-D" HICH CHAIN MNK FENCE CHAIN LINK FENCE - PROPOSED METRICO .H TO b b PROPOSED METRICOM EQUIPMENT CABINET EQUIPMENT Ca6tNET 6 PROPOSED UTILITY PEDESTAL RDPOSE0 UTILITY PEDESTAL EXISTING SHELTER EXISTING SHELTER - ROPOSED 12'X12' CONCRETE PAD PROPOSED 12'X12' CONCRETE PAD b ALL EXPOSED ANTENNAS. MOUNTING PIPES/ORACKETS. CABLES - - ALL EXPOSED ANTENNAS. MOUNTING PIPES/BRACKETS, CABLES _ AND CONNECTORS TO BE PANTED TO MATCH EXISTING MONOPOLE AND CONNECTORS TO BE PANTED TO MATCH EXISTING MONOPOLE SOUTH ELEVATION ® 13 NORTH ELEVATION ' NEW ISM EQUIPMENT CABINETNEW ISN EQUIPMENT CABINET - ON CONCRETE PAD ON CONCRETE PAD PROPOSED UTILITY PEDESTAL - PROPOSED URUTY PEDESTAL - 0 NEW CONCRETE PADNEW CONCRETE PAD S SOUTH ISM EQUIPMENT ELEVATION . ' ® 141 NORTH ISM EQUIPMENT ELEVATION ® 2 �P Met icom IfiB01 G eeFnspo ! Poh om. s.1, n501X 7706D - PROJECT INFORMATION: - -DIAMOND BAR - LACI 191765001 21400 PATHFINDER RD - DIAMOND DAR,CA 91765 L05 ANGELES COUNTY CLORENE ISSUE DATE: ��06/24/00 SUED FOR: ZONING REV.. DATE:=OESCRIPRON:DT: ISSUED FOR 06/24/00 ZONING CP 3 ISSUED FOR 03/20/06 OWE UNE FC ISSUED FOR 2 03/01/00 PINK.LINE FC ISSUED FOR 02/25/00 PINK UNE FC LPLAINS PREPARED BY: 1 ® DEVIIA GROU?5 ®)s EMGNEERIAIG.INC. EONSULTINGENGINEFXS ONSULTANI:tT - CDRAWN BY:=CHK:—APV: DNSTRUCTION MANAGER: WF"I the(oBnt lender - - IN CON OUTSOURCING (eis) ev-.toio01 T o .. (AtA OU-.twn t« SHECT TITLE: NORTH- & SOUTH ELEVATIONS SHEET NUMBER: REVISION: - 4 100ME0T6 - W� Metricon AV.,'Pu2)ions 1680) AV.,',TPort G'w. H -1.n DTX 77060 PROJECT INFORMATION: DIAMOND BAR LAC1191765001 - 21400 PATHFINDER RD OIANONO BAR,CA 91765. LOS ANGELES COUNTY CURRENT ISSUE DATE: I� 06/24/0 =ISSUED FOR: CZONING rREV• DATE:=DESCRIPTION:=8T:1 ISSUED FOR A 06/26/00 ZONING CP ISSUED FOR 3 03/28/00 BLUE "HE FC 2 ISSUED FOR 03/01/00 PINN UNE FL ISSUED FOR 02/25/00 PINK LINE FC PLANS PREPARED BY: ® D ITA GROUPS ®� ENGINEERING.INC. �� CONSULTING ENGINEFIS �rt�mlE. u vSStnLO 52 Seo CONSULTANT: CO N 9Y:CHK.: MG CONSTRUCTION MANAAZEERy:: the qq(Dbnl le -ler FI IN TYI.ECOM O-UROINO - un� sw m -fele] cv=eoiov EET TITLE• .EAST "& WEST ELEVATIONS EET NUMBER' RENSIOnN: A4.- IOOME076 EXISTING ANTENNAS B' -C- HIGH EXISTING ANTENNAS 8-0• HID _ - (I PER SECTOR, TYP., 3 SECTORS TOTAL) (i PER SECTOR, TYP., 3 SECTORS TOTAL) . " (E) ANTENNAS ObINI (E) ANTENNAS OMNI F N P ///����''�� PROPOSED METRICOM ANTENNAS (a PER SECTOR.. TYP.. 3 -SECTORS TOTAL) PAINTED MATCH (E) PROPOSED METRICOM \ 'ANTENNAS (a PER SECTOR, - TYP., 3 SECTORS TOTAL) PAINTED MATCH (E) - T P F MONOPOLE _ E MONOPOLE 3 A2 MONOPOLE E nn7n�MM NN4t NE TFRLNi _- _.La?E.tl_CENr�.R.LEN UUW " EXISTING 60' -Cr - - EXISTING 60' -TF . HIGH MONOPOLE HIGH MONOPOLE bEXISTING SHELTER b >o EXMIINC,SHELTER PROPOSED METRICOM EQUIPMENT CABINET PROPOSED METRICOM PROPOSED UTILITY PEDESTAL - EOUIPMENT CABINET - PROPOSED UTILITY PEDESTAL EXISTING 5'-D• HIGH CHAIN UNK FENC - ISTTNG W-0' HIGH CHAIN LINK FENCE PROPOSED 12'XI2' CONCRETE P- -�t1` RD OSEO 12'X12' CONCRETE PAD F b � � fi A ALLEXPOSEDANTENNAS, MOUNTING PIPES/DRALKETS, CABLES ALL EXPOSED ANTENNAS, MOUNTING PIPES/BRACKETS. CAB AND CONNECTORS TO BE PAINTED 10 MATCH EXISTING MONOPOLE. �, - AND CONNECTORS TO BE PNNiEO TO MATCH EXISHND MONOPOLE WEST ELEVATION ® 13 EAST ELEVATION ® 1 - - NEW ISM EQUIPMENT CABINET NEW ISM EOVIPMFNf CA9MET ON CONCRETE PAD '.ON CONCRETE PAD PROPOSED UTILITY PEDESTAL PROPOSED UTILITY PEDESTAL NEW CONCRETE PAD_ AD - NEW CONCRETE PAD--7--- WEST ISM EQUIPMENT ELEVATION WEST P 141 EAST ISM EQUIPMENT ELEVATION W� Metricon AV.,'Pu2)ions 1680) AV.,',TPort G'w. H -1.n DTX 77060 PROJECT INFORMATION: DIAMOND BAR LAC1191765001 - 21400 PATHFINDER RD OIANONO BAR,CA 91765. LOS ANGELES COUNTY CURRENT ISSUE DATE: I� 06/24/0 =ISSUED FOR: CZONING rREV• DATE:=DESCRIPTION:=8T:1 ISSUED FOR A 06/26/00 ZONING CP ISSUED FOR 3 03/28/00 BLUE "HE FC 2 ISSUED FOR 03/01/00 PINN UNE FL ISSUED FOR 02/25/00 PINK LINE FC PLANS PREPARED BY: ® D ITA GROUPS ®� ENGINEERING.INC. �� CONSULTING ENGINEFIS �rt�mlE. u vSStnLO 52 Seo CONSULTANT: CO N 9Y:CHK.: MG CONSTRUCTION MANAAZEERy:: the qq(Dbnl le -ler FI IN TYI.ECOM O-UROINO - un� sw m -fele] cv=eoiov EET TITLE• .EAST "& WEST ELEVATIONS EET NUMBER' RENSIOnN: A4.- IOOME076 wr a -s7 xro awmxo eu xa Em M xananau Av. cls+ 1 ra N, s'M cox M.-EMP-1ra6oa�xao a n-rzbp�aE a r — DRIVING DIRECTIONS V1 [fir 01AMOND DAA; .Met'jmr'olC 0o"h" MO 0"JT --3 All 21. mtusLaLag� DIAMOND BAR, CA 91765 RAW LAND LOCATION:.nwax w M - art000e xRRmx [ ttaGuw aro arsrutm x Cxnxn. (a) arTxLS PC. s[neR. (]) SFCfeaL CRtaax uCvxRO , tea yj� M[ iaW C TxreF+ Cuf Near iw QrgtDxwO —0'xr ' v axGas G E+r. l cirMxl nwrc R� �"�ss �0dauxs rs 10 er coxswro .o aEuan . xni �tlnWleas aM[mur. Ml ieru xeueCx M xxIExKV COxioxuixL Ta MRC CWQ SiuLL Mi [#Cw M114 (f7). MC .x([w4 SIC4. xLiPrtS �' Ir�p11151t t yTM'C Carl S lmf Ya-4t�� +�eW�R Ca[CMtn SwM eE IDMRax t� EET 315(N FCCNNENfS. Wva W va[tEeS Gil STN wll a rt[NRF rix[ a x w(yu a - utamxe mtw+ M[ SUxaWxavry aaU3. 1 Mlot R i�i4 .v�O C� Rfnw � 119 s r�.v xoDKxaoTM couuvwuiRx xCMoac Mw[x [ox�CS .q�ea�llumv (sora) ; vacxe t� C [ R1IDWxC eMaxrPi CUrvxE MMD B[ v(nuxru CS[ 9 . G'�'r/(.4xrt o'touxcn peCexxlCRe Ptd w (uCxCNtt riwa e[56tEP. PROJECT DESCRIPTION CODE COMPLIANCE APPLICANTILESSEE a+ s rwsr scorn, swR zm weGxr. G slw9 amaR01+z �� f.11n�si°iw.o PROPERTY INFORMATION ax++w: smvalalc awruxelrars. xe. .wens 000tarcwrxse i aM«wr, swrt am rrCOMarirc ` ro%es°i-a°O1ixa mG ar ewmaeerox: a. so. rt. t.an C aY Mi �n tw /t rla°aV6x wauc. xox� xuacu a:mmcuwn: i uu�wat mxl auaRo a alazs war aeaumm PROJECT INFORMATION rauawn t— ®eM 13 "adds CC— tmn O D a'es ®G+l+n ww toGmk O Car m.R cl sEM swooar rmlx p ® esmtw sarR p antra (rtEn Taxx) ARCHITECT: zisi�uaar`'"n ¢i smiino wM�G ne+r-�:vnlR oxa aroxu baq en ••• rK bn) ba_wt STRUCTURAL ENGINEER: i oi''wbgpjj0i am(R�amaEMOiw w vzarl-�v�eix-ous rK (r.n) aN-ou+ ELECTRICAL ENGINEER: I60ut M�.Samt C l60 � cora (v..j a x=ous rK n•U as-nur LAND USE PLANER: -.19— iuiaai.` was uEs4 1pze xCOMuxa�tp (nil t>i_s*I+ Hl 91[ alax AZ tLYNnir rMA aM.0 las' Pwl. [aIPYIXt Meng a r#pxa If J( SHEETINDEX -APPROVAL Mehicom ,ra ,.W Pork Drix T% 77060 INFORMATION: DIAMOND BAR _ IAC119176AOI 21100 PATHFINDER RD DAMOND W.CA 91765 LOS ANGELES COUIM )SSUE GATE: 06/24/00 OR: ZONING m_�W mm—= mm—= mm—W mfflfflm�ll mo ©mEmmm offlfflFg�m CONSULTING INGINIIIS .C. ]w LI MG I I __Jj ONSERUCRON MANA�GyE�Ry:�F the ff..��lobnl tender• IN T1a1ECOM ---URCINn (ete) rat-bm tete) ns-zwr r.. rHEEl TITLE SHEET ' I SCLC [u1AmCS NL BP,fxSfi45 0. ut0 BEMCEN [1t$IIIiB BYebHCS/SinYNryPp, pp BEGixC RSUBC[S u SBV.x BnX[W .w[ io BC CpHW�Y[D Br SYMnpryPfA1Y ttxES .w0 TBC TBUC NBRM SITE PLAN p"CIVNII umc a i \ \\ J D) P.P• P[w.E GRE �' �\ I, .BB.BEf, r P.f �, nHf�wET GBS �m I..,�>• cbiCBETC P.B � a. x X fwVYw+cna"wnY X f� wB .•_, NB Yw w.7 I F0.' 010A F tf -fA GROUPS ENGINEERING. INC conwmncEnclnEE c 'mP'ar. u rnxn'a.T src Bw `MG 1 I I ONSTRUMON UANAGGE(R:/ YF the� p(p�t�abnt lender IN 1^' ^COM Ot7i8 URCINO B:. m1 s4nL sn. mx unmY. G BISB] EET Trt E OVERALL SITE PLAN r EEfAl EEf 4 ISSUED FOR 06/24/OD ZONING CP SISSUED FOR 01/26/00 BLUE UNE FC 2ISSUED FOR 03/01/00 PINK UNE FC 11s ISSUED FOR 02/25/00 PINK LINE FC tf -fA GROUPS ENGINEERING. INC conwmncEnclnEE c 'mP'ar. u rnxn'a.T src Bw `MG 1 I I ONSTRUMON UANAGGE(R:/ YF the� p(p�t�abnt lender IN 1^' ^COM Ot7i8 URCINO B:. m1 s4nL sn. mx unmY. G BISB] EET Trt E OVERALL SITE PLAN r EEfAl EEf T McWcom - I6011O�reenepdt Park Drive xopwiw5 . 7)060 =PROJECT INFDRNATION: DIAMOND BAR _ LAC1191765001 21400 PATHFINDER RD DUNOND BAR,CA 91765 LOS ANGELES COUNTY CURRENT ISSUE DATE: 06/24/00 Ij��SSUEO FOR: (j zONING ISSUED FOR 06/24/00 ZONING CP JISSUED F0fl 03/26/00 BLUE UNE iC ISSUED FOR 2 OJ/Oi/00 PINK LINEFC i ISSUED FOR 02/25/00 PWK UNE iC ALLEXPOSED ANTENNAS. MOUNTING PIPES/BRACKETS. CABLES H AND CONNECTORS TO BE PAINTED TO MATCH EXISTING BUILDING. j b •b � N EXISTING NEXTEL SHELTER b �sC Zo- b m E%6RNG 6'-? HIGH �UJHR J CHAIN UNK FENCE 0. EXISTING STEEL MONOPOLE PROPOSED J -BOX BY NETRICOU tz'-rf PROPOSED OUAO CABLE TO ISM CABINET LEASE AREA BOUNDARY ETHERNET CABLE TYR. 4-A- 3•_4• 4'-4- E-RADID BOX TYP. SY METRICDM PROPOSE- M EB41C0N AENNAS (A'PER RECTOR, NT To�Ii4T AIT N'TED (Ej MONOPOLE \ / \ ANTENNA LAYOUT " ' 2 C� bm b ` IRM CABINET \ Y6 ^g � a-�/Y• uoaxTPw wPl ..IY PMGu[T ANN Ti v/ BNan rawnsRO m w10.V.Yio`x •m.um WYfR tT eluuIT, iwYO PROPOSED YETRICOM EOUIPMENT CABINET [11tOiMT MPD CXYxrY OM TMx<OVa 8( u/LtxceY uN D cmt (9{iPh CONCRETE dBTANLO OY CONONCNC CDNYA SD+Pi CNU ImYDMO raau PAD CONCRETE PA- Nlv AN( ANmM, N B.01 - ��mrK-:2 DPY[ (OWI er ,O o NUOD CCPP64TxXR PROPOSED UDIffY PEDESTAL i-J/Y CDL (NYC IroE YDYM. DMT (I) PfA YRDPI. mPa >T/h 1rouO ttm&I xwn t0 N+cOw+ PROPOSED ELEC/TELCO CONDUR RUN UNDERGROUND TO A EXISTING ELEC PANEL ON STREET Bax (t Pq E -ONO) ACID POSE- ANTENNAS, UGUNfING PIPES/BRACKETS. CABLES AND CONNECTORS TO BE PLANTED TO MATCH EXISTING MONOPOLE. ISM EQUIPMENT CABINET IS 47' IN HEIGHT ANTENNA MOUNTING DETAIL "A ® 3 EQUIPMENT LAYOUT piiq® 1 McWcom - I6011O�reenepdt Park Drive xopwiw5 . 7)060 =PROJECT INFDRNATION: DIAMOND BAR _ LAC1191765001 21400 PATHFINDER RD DUNOND BAR,CA 91765 LOS ANGELES COUNTY CURRENT ISSUE DATE: 06/24/00 Ij��SSUEO FOR: (j zONING ISSUED FOR 06/24/00 ZONING CP JISSUED F0fl 03/26/00 BLUE UNE iC ISSUED FOR 2 OJ/Oi/00 PINK LINEFC i ISSUED FOR 02/25/00 PWK UNE iC a (E) ANTENNAS OtIN (E) ANTENNAS OMNI EXISTING ANTENNAS B' -T HIGH EXISTING ANTENNAS B' -D- HIG (T PER SECTOR, TYP. 3 SECTORS TOTAL) (I PER SECTOR, 114. 3 SECTORS TOTAL) PROPOSED METRICOM TOP OF MONOPOLE TOP OF M N PO PROPOSED METRICOM ANTENNAS (t PER SECTOR, ANTENNAS ( PER SECTOR, TYP.. 3 SECTORS TOTAL) TYP., 3 SECTORS TOTAL) PLANTED TD MACH (E) PANTED TO MATCH (E) MONOPOLE MONOPOLE 3 TOP OF ANTE— TOP OF ANTENNA e _ .AUIEURA UIERM ANTENULCENIEBABE_ — EXISTING 60'-O- HIGH MONOPOE NG sw-or HHIIGHBMONOPOLE EXBN`N-CCN EER CHAINUN 'NCL C-KENE b b ROPOSED METRICO M PROPOSED UERICO EOUIPMNT CABINET bb Ib EQUIPMENT CABINET n PROPOSED UTILITY PEDESTAL ROPOSED UTILITY PEDESTAL EXISTING SHELTER EXISTING SHELTER ROPOSED 12'%12' CONCRETE PAD PROPOSED 12'X12' CONCRETE PAD ALL EXPOSED EXPOSED AWENHAS. MOUNTING PIPES/BRACKETS, CABLES ALL EXPOSED A'IENNAS, MOUNTING PIPES/BRACKETS. CABLES AND CONNECTORS TO BE PANTED TO MATCH EXISTING MONOPOLE AND CONNECTORS TO BE PANTED TO MATCH EXISTING MONOPOLE. SOUTH ELEVATION ® 13 NORTH ELEVATION ® y NEW ISM EOUIPMENT CABINET NEW ISM EQUIPMENT CABINET OH CONCRETE PAD ON CONCRETE PAD PROPOSED UTILITY PEDESTAL PROPOSED UTILITY PEDESTAL O NEW CONCRETE PAD HLW CONCRETE PAID b b b SOUTH ISM EQUIPMENT ELEVATION "' ® 141 NORTH ISM EQUIPMENT ELEVATION ■—_, ■—_, ■—_. m "®®lfl mm 11 mEmmm m ® uDELTA G �, ENGINEERING.ING �. tONWITiNC INROUPSQXiIIi mw,unu. mlw m WFI the gplobal lender IN —m ---LRiG1 ))L I u Stmt SJM IM I;ii) is-XHi�ro NORTH & SOUTH ELEVATIONS 16, DG INE GROUPS ENGINEERING. INC. CONSIIl71N0 ENGINifti tw, Mux mnTT .+t Tl6 MG the opIQaQ( WFI IN TYLlCOMCLRHCURCI a Oi 1 rtrl Mml 4N 20t Ut0) W -1W0 1 PIU Av.loT1 r. EAST & WEST ELEVATIONS EXISTING ANTENNAS B' -V HIGH EXISTING ANTENNAS 8'-? HIG (1 PER SECTOR, TMP.. 3 SECTORS TOTAL) (1 PER SECTOR, TMP., 3 SECTORS TOTAL) (E) ANTENNAS OMNI, MNI --tet (E) ANTENNAS OMNI--- - /——PROPOSED METRICOU PROPOSED ANTENNAS (A PER SECTOR, YP. 3 SECTORS TOTAL) PAINTED TO MATCH (E) PROPOSED METRICOM ANTENNAS iA PEP SECTOR. T P.. 3 SECTORS TOTE) PAINTED I,UiCH (E) MONOPOLE 3 1 MONOPOLE E ll�904, IN 6PLE HIGH MONOPOLE HIGH M HIGxP MONOPOE b b EXISTING SHELTER U x b b _ b EXISTING SHELTER EOUIPMEO MABINETY EQUIPMENT CABINET ROPOSED METRICOU PROPOSED UTILITY PEDESTAL CABINET ROPOSED URUTY PEDESTAL EXISTING 6'-0' HIGH CHAIN LINK EENCXSDNG B'-0' HIGH CHAIN LINK PENCEppOPOSEO 12'XIY CONCRETEROPOSED 12'X12' CONCNETE PAOj;EOUIPMIEW EXPOSED ANTE10 ------------------------------------- MOUNTING POSED ANTENNAS. LES D�CON IUATCHEXISTING u0NOP0(E. AND CONNECTO $ B. OIMATGH EX SING MONOPOLE. E PLANTED To AANLES ECTORS 0 DE PNNIEON TO WEST ELEVATION � ® 13 EAST ELEVATION „.... �� NEW ISM EQUIPMENT CABINET NEW ISM ECUIPYENT CABINET ON CONCRETE PAD ON CONCRETE PAD ' PROPOSED UTILITY PEDESTAL PROPOSED UTILITY PEDESTAL CONCRETE PAD NEW CONCRETE PAD /—NEW 4 WEST ISM EQUIPMENT ELEVATION ® 4 EAST ISM EQUIPMENT ELEVATION 16, DG INE GROUPS ENGINEERING. INC. CONSIIl71N0 ENGINifti tw, Mux mnTT .+t Tl6 MG the opIQaQ( WFI IN TYLlCOMCLRHCURCI a Oi 1 rtrl Mml 4N 20t Ut0) W -1W0 1 PIU Av.loT1 r. EAST & WEST ELEVATIONS 0 City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 8.2 REPORT DATE• November 22, 2000 MEETING DATE• November 28, 2000 CASEXILE NUMBER: Development Review No. 2000-17 and Minor Conditional Use Permit No. 2000-20 APPLICATION REQUEST: PROPERTY LOCATION: PROPERTY OWNER: APPLICANT: BACKGROUND: A request to construct a two-story, single-family residence of approximately 17,532 square feet with balconies, porch, patio and detached five -car garage -and limousine garage with guesthouse. A Minor Conditional Use Permit is required to process the guesthouse. 2899 Vista Court (Lots 17 and 18 of Tract No. 47850) Diamond Bar, CA Diamond Bar West, LLC 3480 Torrance Boulevard, Suite 300 Torrance, CA 90503 Richard Gould 3480 Torrance Boulevard, Suite 300 Torrance, CA 90503 The property owner, Diamond Bar West, LLC, and applicant, Richard Gould, request a Development Review to construct a two-story, single-family residence of approximately 17,532 square feet with balconies, porch, patio and detached five -car garage and limousine garage with guesthouse on a vacant parcel. A Minor Conditional Use Permit is required to process the guesthouse. The project situs address is 2899 Vista Court, Diamond Bar, California. The project relates to two vacant parcels, Lots 17 and 18.. of Tract No. 47850, and part of the 50 -lot subdivision with graded buildable pads adjacent to "The Country Estates." This tract was approved June 6, 1995 by the City Council. The irregularly shaped lots are joined at the side property lines and will be merged with a Lot Line Adjustment. Lot 17 is 229,575 square feet with a buildable pad area of 19,300 square feet. Lot 18 is 65,219 square feet with a.buildable pad area of 13,860 square feet. The combined pad area is 33,160 square feet (.76 acres). Each lot contains easements for access/public utility, service, and sanitary 1 sewer within its front portion and takes access from Vista Court. Each lot also contains Restricted Use Areas and Open Space; however, the development is not in these areas. There is a 20 feet wide Emergency Vehicle Easement also on the lot. The lots are shaped irregularly, sloping downward toward the southerly and easterly exposures. The property contains protected/preserved Oak trees, located outside of the buildable pad and no activity (grading and/or construction) will take place within five (5) feet of the outer drip line of these trees.) The project site is zoned Single Family Residential -Minimum Lot Size 20,000 Square Feet (R-1-20,000) Its General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC. Generally, the following zones surround the subject site: to the north and east is R-1-20,000; to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2); and the west is R-1-20,000 and Single Family Residence - Minimum Lot Size 9,000 Square Feet (R-1-9,000). ANALYSIS: lowly I M. Pursuant to Development Code, Chapter 22.48, any proposed residential development that involves building permit issuance and proposes up to three dwelling units with more than 10,000 square feet is subject to Development Review. The proposed project is residential construction of one unit and is more than 10,000 square feet; therefore, is subject to Development Review. Additionally, per Planning Resolution 91-20, Conditional Use Permit No. 89-852 for Vesting Tentative Tract Map No. 47850, Condition No. 16, all proposed'residential dwelling units will be submitted for City review pursuant to the requirements of the Development Review Ordinance, the current Development Code. The proposed 17,532 square feet single- family residence on a vacant lot applies. The purpose of this process is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to complement and add to the economic, physical, and social character of the City. The process will also ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. Also, this application requires Minor Conditional Use Permit approval by the Hearing Officer, in this case the Planning Commission is the review authority, pursuant to Development Code Section 22.42.060 for the guesthouse. Pursuant to Development Code Section 22.48.030, permits shall be acted upon concurrently and the highest review authority shall make final determination. In this case, the Planning Commission is the highest review authority for all applications. ® Development Standards The following is a comparison of the City's approved development standards and the project's proposed development standards: 2 Tract Map Approved Standards iosed Development Standards 1. Setbacks main structure: L Setbacks main structure: • Front yard -25' from property line • Front yard- 27.75' from property line • Side yards -10' & 15' minimum from edge of • Side yards- 83' and 41.5' from buildable pad,- buildable pad, 40' between dwelling units and minimum 40' between dwelling units • Rear yard -25' from buildable pad's edge • Rear yard— 40' from buildable pad's edge • 'Site Coverage -Overall 30% • Site Coverage- 5% 2. Building Height: 2. Building Height: • Two stories -maximum 35' with projections •; Two stories -33.5 with 3.5 chimney projections* 3. Parking: 3. Parking: • Minimum two -car garage 20'x20' • Three -car garage 33.5'x20' and two -car arae 26'x20' 4. Accessory Structures: Setbacks consistent 4. Accessory Structures: with the residential designation at time of permit Five -car garage: Detached garages same as. main structure for R- • Front yard- 30' from property line 1-20,000 Zone is: • Side yard- 10' and minimum 40' between • Front yard -30' from property line dwelling units as required by Tract • Side yards -10' & 15' minimum from Conditions property line • Rear yard— 25' from buildable pad's edge • Rear yard -25' minimum from property line. Limousine garage and guesthouse: • Sideyard- 86.4' at closest property line The above analysis indicates that the proposed residence complies. with Tract Map No. 47850's development standards except for the chimney projections. A condition of approval has been added to the resolution that the applicant lowers the height of the chimney not -to -exceed 35 feet. Should this not be an option due to Building Code restraints, a Minor Variance application shall be submitted for review and approval by the Director for any height exceeding the 35 feet measurement up to a maximum of 3.5 feet. Tract 47850 is not annexed to "The Country Estates"; therefore, review by their homeowners' association is not necessary. • Architectural Features and Colors The proposed project's architectural style is Mediterranean. The proposed style and palette are compatible with the eclectic architectural style of other homes within :Tract No. 47850 and "The Country Estates," and consistent with the City's Design Guidelines and the Development Code. The project's architectural features include portico entry with precast columns and glass window treatments for a focal point; balconies with precast balustrades; stucco details, crown molding, window treatments and quoins; and multi-levels of tile roof lines and exterior stone to add texture and contrast. The colors are part of Exhibit "A." • Floor Plans The proposed single-family structure consists of two -stories. The first -story includes the two story foyer/entry; living room; dining room; butler's pantry; kitchen; dirty kitchen; breakfast nook and morning room; family room; wet bar area; powder bath; service area/laundry with bath and storage closet; library with 3 secret room; and two master suites with bath and walk -in -closet. The second story includes six master bedroom suites with bath, walk -in -wardrobe, and some with balconies; service area with washer and dryer facility; and wet bar area. There is a condition that the wet bar area in the upstairs have no kitchen or cooking facilities. There are eight designated bedrooms. There is covered parking for five cars and a limousine garage with the guesthouse. ACCESSORY STRUCTURES. The accessory structures include a detached five -car garage and limousine garage with guesthouse. Both match the architectural style and palette of the main structure. The five -car garage meets the interior dimensions prescribe by the Development Code. SITE WORK The grading and drainage necessary for the improvements will be reviewed and permitted by the Public Works Division. The Public Works Division has reviewed* the proposed grading plan and their comments are contained in the conditions of approval. • Soil Report The Applicant will submit a soils report for the proposed improvements to be reviewed and approved by the City. The soils report will reference the suitability of the proposed development. The application requires Minor Conditional Use Permit approval, per the Development Code Section 22.42.060(B) for the guesthouse. • Guesthouse The application meets the development standards as set forth in Section 22.42.060(B) including access, utilities, plumbing and electrical installations, design, parcel coverage, and size. Any guesthouse in excess of 501 square feet requires Minor Conditional Use Permit approval. In this case the guesthouse is 471 square feet, but with the 11 limousine garage as part of the gross structure, it is 942 square feet. Per the Development Code, the proposed structure does not exceed an overall parcel coverage of 30 percent. There is a condition of approval that the wet bar in the guesthouse comply with Section 22.42.060(B)(%) regarding kitchen facilities. A kitchen or other cooking facilities include, but are not limited to, the following: • Cooking stove with or without an oven; • Hot plates; • Kitchen sink, cabinets and appurtenant plumbing; • Microwave or convection ovens; • And, all appurtenance related to the above. 0 • Access An easement exists on the .property for Emergency Vehicle Access. The limousine garage and guesthouse take access from this Emergency Vehicle Access road. The applicant is required to prepare and have recorded a Right to Access Grant of Easement for the subject property. VIEW IMPACT The terrain in the vicinity of Vista Court at Watercourse Drive slopes to lower elevations to the south of the property and end of the tract and Open Space. The pads of Tract 47850 were developed to allow for view corridors. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be significantly detrimental with respect to view blockage impact. A landscape/irrigation plan was not submitted with this project's application. The applicant is required to submit landscape/irrigation plans at a later date; reflecting the landscaping guidelines and restrictions set forth by Tract Map No. 47850 for the City's review and approval. In recently approved projects for this tract, the applicant was required to submit a landscape/irrigation plan delineating the type of planting materials, color, size, quantity and location, for review and approval by the City within 60 days and installation within six months of the project's final inspection or Certificate of Occupancy's issuance. The plan will be required to incorporate plant species that are compatible with those in the slope drainage and maintenance easement and open space areas adjacent to the limousine garage and guesthouse. This plan requires review by the City's environmental consultant over seeing the tract mitigation areas. PRESERVED/PROTECTED TREES. The applicant's signed tree preservation statement indicates no oak, walnut, sycamore, willow, or naturalized California Pepper Trees are on site and staff verified this with a site visit. No further review is required. ADDITIONAL REVIEW The Public Works Division and the Building and Safety Division reviewed this project. Their comments are included in both the report and the conditions of approval. NOTICE OF PUBLIC HEARING: On November 16,2000, thirty property owners within a 500 -foot radius of the project site were notified by mail. On November 17, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, as well as a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of the Application. ENVIRONMENTAL ASSESSMENT: The environmental evaluation shows that the proposed project is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Map Nos. 47850, 47851 and 48487 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California code of Regulation. No further environmental review is necessary. Staff recommends that the Planning Commission approves Development Review No. 2000-17, Minor Conditional Use Permit No. 2000-20, Findings of Fact, and conditions of approval as listed within the attached resolution. 1. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan; 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public; as well as, its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing; 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect ori property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). C.1 REQUIRED MINOR CONDITIONAL USE PERMIT FINDINGS: 1. The proposed use is allowed within the subject zoning district with the approval of a Minor conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions.of utilities, compatibility with adjoining land uses, and the absence of physical constraints; 5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or welfare, or materially injurious to persons, property or improvements in the vicinity and zoning districts in which the property is located, and; 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Prepared by: Linda Kay Smith Development Services Assistant ATTACHMENTS: 1. Draft Resolution of Approval; 2. Applications; 3. Oak Tree Statement; ' 4. Tract Map with easements; 5. Exhibit "A" - site plan, floor plan, elevations, and materials/color's board, dated November 28, 2000. D: WORD-LINDA/PLANCOMM/PROJECTS/DR2000-17 2899 VISTA ... /REP DR20W-17... PLANNING COMMISSION C` RESOLUTION NO. 2000 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2000-17 AND MINOR CONDITIONAL USE PERMIT NO. 2000-20, A REQUEST TO CONSTRUCT A TWO-STORY, SINGLE-FAMILY RESIDENCE OF APPROXIMATELY 17,532 SQUARE FEET WITH BALCONIES, PORCH, PATIO AND DETACHED FIVE -CAR GARAGE AND LIMOUSINE GARAGE WITH GUESTHOUSE ON A VACANT PARCEL. THE,PROJECT SITE IS 2899 VISTA COURT (LOTS 17 AND 18 OF TRACT MAP NO. 47850), DIAMOND BAR CA. A. Recitals 1. The property owner, Diamond Bar West, LLC, and applicant, Richard Gould, have filed an application for Development Review No. 2000-17 and Minor. Conditional Use Permit No. 2000-20 for a property located at 289.9 Vista Court, Diamond Bar, Los Angeles County, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Minor Conditional Use Permit shall be referred to as the "Application". 2. On November 16,2000, thirty property owners within a 500 - foot radius of the project site were.notified by mail. On November 17, 2000, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers, as well as a.notice of public hearing on a display board was posted at the -site and,.displayed for at least 10 days before.the public hearing. Three other public places were posted within the vicinity.of the.Application. 3. On November 28, 200,0, the Planning Commission of the City of Diamond Bar conducted a,duly noticed public hearing on the Application. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: .1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are trueand correct. 1 2. The Planning Commission hereby determines that the", project identified above in this Resolution is consistent with the previously certified Master Environmental Impact Report No., 91-2 for Tract Nos. 47,850, 47851 and 48487 according to the California Environmental.Quality Act of 1970 -(CEQA), and guidelines, promulgated thereunder, pursuant to Section 15162(a) of Article 11 of the California Code of Regulations. No further environment review is necessary. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a vacant parcel at 2899 Vista Court, Lots 17 and 18 of Tract No. 47850, and part of the 50 -lot subdivision with graded buildable pads adjacent to "The Country Estates." This tract was approved June 6, 1995 by the City Council. The irregularly shaped lots are joined at the side property lines and will be merged with a Lot Line Adjustment. Lot 17 is 229,575 square feet with a buildable pad area of 19',300 square feet. Lot 18 is 65,219 square feet with a buildable pad area of 13,860 square feet. The combined pad area is 33,160 square feet (.76 acres). Each lot contains easements for access/public utility, service, and sanitary sewer within its front portion. Each lot also contains Restricted Use Areas and Open Space. The development is not in these areas. The lots are, shaped irregularly, sloping downward toward the southerly and easterly exposures. The property contains protected/preserved Oak trees, located outside of the buildable pad and no activity (grading and/or construction) will take place within five (5) feet of th e -outer drip line of these trees.) K (b) The project site is zoned Single Family Residential< Minimum Lot Size 20,000 Square Feet (R-1-20,000). Its General Plan Land Use designation is Rural Residential (RR), Maximum 1 DU/AC. (c) Generally, the following.zones surround the subject site: to the north and east is R-1-*20*,000; to the south is Heavy Agricultural -Minimum Lot Size 2 Acres (A-2-2) and, the west is R-1-20,000 and Single Family Residence -Minimum Lot Size 9,000 Square Feet (-R-1-9,000'). (d) The Application is a request to construct a two- story, single-family residence of approximately 17,532 square feet with balconies, porch, patio and detached five -car garage and limousine garage with guesthouse on a vacant parcel. A Minor Conditional Use Permit is required to process, the guesthouse. Furthermore, the request requires that the Application processes and obtains approval of a Lot Line Adjustment to merge the lots. DEVELOPMENT REVIEW (e) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g. theme areas, specific plans, community plans, boulevards, or planned developments). Originally, Tract Map No. 47850 was submitted as a vesting tentative tract map. At that time, the City was operating under a draft General Plan. The General Plan was adopted on July 25, 1995. Vesting Tentative Tract Map No.;478-50 was approved on June 5, 1995. However, Vesting Tentative Tract Map No. 47850 was designed at 25 percent below the maximum allowable density and has an overall average density of 1.49 dwelling units per acre unit which complies with the land use designation of Rural Residential (Maximum 1 DU/AC) identified in the adopted General Plan. Additionally, the proposed project complies with the City's General Plan objectives and strategies related to maintaining the integrity of residential neighborhoods and open space. Furthermore, the proposed project is compatible with the eclectic architectural -style and design, materials, and colors of existing homes within the surrounding area. 3 4 The design and layout of the proposed development ILI will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The project site is currently an undeveloped lot within an existing tract designed for single-family homes. The proposed new construction does not change the use intended for, the -site as a single- family residence. The developed property is not expected to unreasonably interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. . Tract Map No. 47850's Master Environmental Impact Report No. 91-2, certified by the City, addresses the design and layout of the neighborhood as well as the flow of pedestrian and vehicular traffic. Vista Court and the secondary access roads in the vicinity, Steeplechase Lane and Water Course Drive, adequately serve the project site. These streets are designed to handle minimum traffic created by residential development. Therefore, the use of a single-family residence will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (g) The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, -.-City Design Guidelines, or any applicable specific.,. plan. The proposed project's architectural style is Mediterranean. The project's architectural features include. portico entry with precast columns and glass window treatments for a focal point; balconies with precast balustrades; stucco details, crown molding, window treatments and quoins; and multi-levels of tile roof lines and stone to add' texture and contrast. These are consistent with many homes in Tract 47850 and compatible with the eclectic architectural style of other homes in neighboring Tract 47851 and "The -Country Estates".. Therefore, the proposed project is consistent with 2! and will maintain and enhance the ..orderly and attractive development contemplated•.by Chapter 22.48, the General Plan, City Design'L- Guidelines, or any applicable specific plan. The accessory structures of detached garage and limousine garage with guesthouse are compatible with the neighborhood. There are homes in the Country Estates that have similar structures. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well.as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. A project colors /materials board is provided as Exhibit "A". The colors, materials, and textures proposed are complimentary to the existing homes within the area while offering variety. (i) The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. Structural plan check, City permits, and inspections are required for construction. These will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially . injurious to the properties or improvements in the vicinity. The terrain in the vicinity of Vista Court at Watercourse Drive slopes to lower elevations to the south of the property and end of the tract and Open Space. The pads of Tract 4785Q were developed to allow for -view corridors. By maintaining the allowed height requirements, the proposed residential structure allows view corridors for the neighboring properties. Therefore, the proposed residence will not be. significantly detrimental with respect to view blockage impact. (j) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 'Pursuant to the provisions of the California Environmental Quality Act (CEQA) the City has 5 determined that this project is consistent with the previously certified Master Environmental Impact Report No. 91-2 for Tract Nos. 4785,0. MINOR CONDITIONAL USE PERMIT (k) The proposed use is 'allowed within the subject - zoning district with the approval of a minor Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. The project site zoned R-1-20,000 single-family residential allows the use of a guesthouse. The Application for a guesthouse in excess of 501 square feet requires approval of a Minor Conditional Use Permit. The Application meets the development standards as set forth in Section 22.42.060(B) including access, utilities, plumbing and electrical installations, design, parcel coverage, size, and as amended, kitchen facilities. The proposed structures do not exceed -an overall parcel coverage of 30 percent. The Application requests the construction of an attached 942 square feet guesthouse consisting of lounge, storage, bath and limousine garage. The granting of the Permit will allow the applicant expansion of the dwelling for guest uses. Approval of a Minor Conditional Use Permit includes conditions to prohibit kitchen facilities, a separately rented unit from the main dwelling, and subsequent subdivision of the parcel that would divide the main dwelling from the guesthouse. As amended, the proposed Application complies with all other applicable provisions of this Development Code and Municipal Code. (1) The proposed use is consistent with the General Plan and any applicable spbcific.plan. As stated in. Item (e) , the proposed project is consistent with the City's General Plan objectives and strategies, the Development Code and City Design Guidelines, and any applicable specific plan. (m) The design, location, size and operating .characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. M As stated in Items ( e) . and ( f) , the proposed new construction with guesthouse is consistent with the surrounding single-family homes. Therefore, the project design, location, size and operating characteristics are compatible. (n) The subject site is physically suitable for the type and density/intensity- of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. As stated in Items (e), (f), (g), (h) and (i), the creation of a new single-family residence with detached garages and guesthouse is suitable for the type and density/intensity of use, access, utilities, compatibility with adjoining land uses and the absence of physical constraints. (o) Granting the Minor Conditional Use Permit will not be detrimental` to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. Structural plan check, City permits, and inspections are. required for construction. These will ensure that the finished project will not be detrimental to the public health, safety, or welfare, or materially injurious to the properties or improvements in thevicinity. (p) The proposed project has been reviewed in compliance with the provisions of. the California Environmental Quality :Act (CEQA). As stated in Item 4(j). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves.this Application subject to the following conditions: (a) The project shallsubstantially conform to site plan, floor plans, elevations, and materials/colors board collectively labeled as Exhibit "A" dated November 28, 2000 as submitted and as amended herein. 7 (b) The applicant shall be required to submit a landscape/ irrigation plan delineating the type of planting materials color, size, quantity and location, for review and approval by the City within 60 days of the project's final inspection or Certificate of occupandy.'s issuance. (c) The landscape plan shall incorporate plant species that are compatible with those in the slope drainage maintenance easement and open space area adjacent to the limousine garage and guesthouse. This• plan shall be reviewed and approved by the City's environmental consultant over seeing the tract mitigation areas'. (d) The Application shall obtain approval of a Lot Line Adjustment to merge subject lots 17 and 18 prior to the issuance of construction permits. (e) The Application shall obtain and record a Grant of Easement for the Right to Access of the Easement for Emergency Vehicles for access to the limousine garage and guesthouse. (f) The single-family residence shall not be utilized in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances,to the existing residential neighborhood and shall not result in significantly adverse effects on public services and resources. The single-family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. (g) The applicant shall complete and record a "Covenant and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant must be completed and recorded with the Los Angeles County's Recorder's Office prior to .the issuance of a building permit. (h) The wet bar area on the second floor and in the guesthouse shall comply with the standards as prescribed in Development Code Section .22.42.060(8)(5) such that kitchen or other cooking facilities shall not be included. Kitchen L -N facilities are defined as to include but are not limited to the following: Cooking Stove with or without an oven; Hot plates; Kitchen sink, cabinets and•appurtenant plumbing; Microwave or convection ovens; and all appurtenance related to the above. The guesthouse shall not be provided with kitchen facilities other than the proposed wet bar sink and bar refrigerator, and the cabinets shall not exceed a measurement of 48 inches. The guesthouse shall not be separately rented or leased from the main dwelling, whether compensation is direct or indirect. (j) The guesthouse shall not have subsequent subdivision of the.parcel that may attempt to divide the main dwelling from the guesthouse. (k) The subject site shall be maintained in a condition that is free of debris both during and after the construction, -addition, or implementation of the entitlement granted herein. The removal of all trash, debris,. and refuse, whether during or subsequent to construction, shall be done only by the property owner, applicant or by duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (1) Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building official approves its removal. (m) The Applicant shall provide temporary sanitation facilities while under construction. (n) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review -and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination, System (NPDES) standards and incorporate the appropriate -Best Management 0 Practices (BMP's). Additionally, the Applicant shall obtain the necessary NPDES permits. (o) Before Certificate of Occupancy issuance, the applicant shall submit to the City Planning Division written evidence indicating the Buyer's receipt of the "Buyers' Awareness Package". In the event no buyer has purchased the property, then receipt is to be forwarded before approval of future improvements (i.e. hardscapes, pool/spa, .retaining walls, additional landscaping.) (p) Applicant shall submit a soils report for the proposed improvements to be reviewed and approved by the City. The soils report shall also reference the suitability of the retaining walls to withstand pressure of the retained soils and proposed development. (q) A grading plan review and approval shall be required for cut/fill quantities greater than 50 cubic yards, . otherwise a fine grade/drainage plan shall be filed with the City's Engineering Division. . (r) A fine grade certification shall be required before building final. (s) Drainage pattern shall *be reviewed and approved by the Public Works Division; surface water shall drain away from the building at a 2% minimum slope. (t) Site, driveway grade, and house design shall be approved by the Fire Department. The maximum slope is 15% per the Public Works Division. (u) Due to the site's topography, applicant shall comply with special design requirements as specified in the Universal Building Code, Section 18.4.3, building setback, top and toe of slopes. (v) The single-family structure shall meet the 1998 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. (w) The minimum design wind pressure shall be 80 miles per hour and "C" exposure. (x) All balconies shall be designed for 40 pound per square foot live load. RE (y) Hand rails and guardrails shall be designed for 20 pound load applied laterally at the top of the rail. (z) The single-family structure is located in "Fire Zone 41, and shall meet the. following requirements of that fire zone: (1) All roof covering shall be "Fire Retardant, Class All; the roofs shall be fire stopped at the eaves to preclude entry of the flame or members under the fire; (2) All enclosed under -floor areas shall be constructed as exterior walls; (3) All openings into the attic, floor', and%or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door; (4) Chimneys shall have spark arresters of maximum 1/2 inch screen. (aa), The Application shall be approved by the Fire Department. (bb) This single-family structure shall meet the State Energy Conservation Standards. (cc) All sleeping rooms shall have windows that comply with egress requirements. (dd) Smoke detectors shall be provided in conformance with the 1998 California Building Code. (ee) Applicant shall make application to the Walnut Valley Water District as necessary, and submit their approval to the Planning Division prior to the issuance of building permits. (ff) Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline and may require a height survey at completion of framing. (gg) The Applicant.shall comply with the requirements rements-of the Fire Department and City Planning, Building and Safety, and Public Works Divisions. 11 (hh) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall expire. A one(l) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (ii) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of.approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (jj) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a, filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the Adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Diamond Bar West, LLC, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 and Richard Gould, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503. APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Steve Nelson, Chairman W I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 28th day of November, 2000, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary D: WORD7LINDA/PLANCOMM/PROJECTS/DR2000-17 2899 VISTA... /RESO 13 COMIINNTTY DEVELOPMENT DEPARTMENT - w:� 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 �\ DEVELOPMENT REVIEW/ Record Owner Applicant Name Diamond Bar West, LLC Richard Gould (Last name first) (Last name first) Address 3480 Torranrp 1;1 _ Ste. 30n Ramp AM MT.M=- CityTnrra Zip 90503 FPL n Deposit S - Receipt# By . Date Rev'd - Applicant's Agent (Last name fust) Phonc( ) 310-540-3990 Phone( ) 310-540-199n Phone( ) NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach a separate shcet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am �� the o/wn��f the he n described property and permit the applicant to file this request. Siened /� Date (All record ELGADO, President Certification: I, the undersigned, hereby certify under penalty of pedury that the information herein provided is correct to the best of my knowledge. Print Name RICHARD GOULD (Applicant or Agel) Signed�`--t^-��/ /, /.�+-.-�'�✓/� Date U (Aunt 'or Agent) Location 2899 VISTA COURT - Lots 17 & 18 Tract 47850 (Street address or tract and lot number) Previous Cases ;Zone Present Use of Site Vacant- T.nt- Use applied for New Singl P Fp-i1., Rpsi dpnrp n I i -I 'viii 'CCL r Legal description (all ownership comprising the proposed lot(s)/parcel(s)) Tract No. 47850 Iot NG.17/18 in the City of Diamond Bar, County of Los Angeles, ate of California, oei g a suodivision of Farce.is 1, 2 and 3 ana a portion o* Parcel 5 of Parcel Map No. 1528, filed in Book 26, Pages 19 to 30, inclusive, or Parcel Maps, in the office of the Countv Recorder of said County. Area devoted to structures • 11, 605 sf .. Landscaping/Open space 283, 189 sf Project Size 16, 545 sf Lot Coverage 3. 97. Proposed density ' (Units/Acres) Style of Architecture Mediterranean Number of Floors Proposed 2 Slope of Roof A:12 Grading If yes, Quantity — Cut Fill Import If yes, Quantity _ Export If yes, Quantity 9 14 .1-- -- u., uo. 'Jot- -)XD Bar. r-- 1 CITY OF DIAMOND BAR DEPARTMENT OF COMMUNM dr DEVELOPMENT SERVICES Planning Division 21660 E. Copley Drive Suite 190, Du mond Bar, CA 91765 (909)396.5676 Fax (909)861-3117 CONDITIONAL USE PERMIT APPLICATION Record Owner Apptieant Name DIAMOND BAR WEST, LLG0JJD- RICHARD (bast name fust) (Last name fust) Address 3480 Torrance Blvd. , Ste 300 City Torrance, CA zip 90503 Phone( )310-540-3,990 Phone( ) Fax ( ) Fax ( ) C&SC a r? 01A oe4.,r - Deposit s c 4,jZ Receipt a By. Date Recd "- FOR cm' csF Applicant's Agent (Last name first) Phonc( ) Fax NOTE: It is the applicant's responsibility to notify the City in writing of any change of *the principals involved duriug the processing of this case. NJ (Attach separate sheet, if necessary, including comes, addresses, and silmatures of members of partnerships, joint ventures, and directors of corporations.) Sianed property mrd permit the applicant to file this requpA Date vt �' v/0 d Certification: 1, the undersigned, hereby cert fy under penalty of perjury that the information herein provided is correct to the best of my knowledge Print Name Richard -Gould ( cant or Ag ) Signed Date 1. (Applicant or int) Location 2899 Vista Court, Diamond Bar,.CA 91765 Tract 47850 Lot 17 & 18 (Street address or tract and lot number) Zomig R-1-20,000 House Numbering Map Previous. Cases none Present Use of Site vacant lot Use applied for New sinele family residence. 17,532 s:f., 2—story, with balconies, porch, PAHO and detached 5 car garage and limosine garage with guest house City of Diamond Ear _ U CONDITIONAL USE PERMrr Project Size (gross acres) -- 18,724 Project Density 2 Previous Cases none Present Use of Site vacant lot for New single family residence 17.532 wi th hal rnni eG. S orrli _ natT i n and b detached 5 car garage and limosine Raraee with truest house. • r Domestic Water Source Company/District Method of Sewage Disposal Sanitation District Grading of Lots by Applicant? YES X NO Amount (Show necessary grading design oa site plan or teat. map) W i CONDMONAL USE PERMTr BURDEN OF PROOF .rs •- addition to the information required is the application, the applicant shall substantiate to the satisfaction of the Planatng Commission, the following facts: (answers must be full & complete) A. That the requested use at the location proposed will not: 1. Advcraeiy affect the health, peace, comfort or welfare of persons residing or working in the surroundtag area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endangcr or otherwise constitute a menace to the public health. safety or general welfare. The proposed residence will not adversely affect the health, peace comfort or welfare of persons in the surrounding area, it will not be materially. detrimental in the use. It will nor jeopardize, endanger or otherwise constitute a manace to.the public health, safety or general welfare—.- B. e are.B. That the proposed site is adequate in size and shape to accommodate the vards, walls, fences,.parking and loading faciLtics, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. uate in size and she a to accommodate the yards, walls fences Pfirkin g and loading facilities, landscaping and other development ;praarr b, -d in Titles 22 or as i otherwise required in order to integrate said use with the uses in the surrounding area. C. That the proposed site is adequately served: 1. By higbways or streets of sufficient :width and improved as necessary to carry the kind and quantity' of traffic such use would generate, and 2. By other public or private service facilities as are required The nronesed site is adequate by highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic :Such use Would gpnP•rate. Residential: l _n/a n/a n/a tl Total Units Bachelor 1 Bedroom 2 Bdrm. & larger 6 Total Pkg. Cov. Pkg. Uncov. Pkg. Project Size: _18.794 Lot Coverage: 2% Density: .15 unit s / ac Maximum Height: 33'4" No. offioors: 2 Sq. Footage 18,794 s . f . Non-residential: 462 s . f . 1 Sq. R, area No. ofBldgs. Occupant Load* CUP Burden of Proof - Page 1 �i Parking: _ - 6 Total Standard Compact �Iaadicap`'� Landscaping: —281,517.59 Sq. feet Grading: Y Z— N _ If yes, Quanel.: Cut: 45 GY Fill: 45 GY Import: Y _ N _ If yes, Quantity:- y Export: Y , _ N— If yes, Quantity: ° Occupant Load as calculated by the Building & health clubs, theaters, etc. Safety Division is required for all dining, Wk -out or asaem blv use, churches, LEGAL DESCRIPTION (all ownership comprising the proposed Iot(s)lparcel(s) 7850 Lot 17 &'18 in the city of Diamonf Bar, County of Los Angeles, State of Area devoted to structures_g_ 1 q _281, 517.59 LsadscapinglOpen spaccc Residential Project: 18,791 and (gross am) (No. of lots) Proposed density es (UniWAcros) Parking Required Provided _ Standard 9_ 6 Compact Handicapped Total 2 6 Conditional Use P==it Barden of Proof - Page 2 tee' 1 itY:a�,1.�► Y [ I T'he subject property contains no oak trees. The subject property contains one or more oak trees, however the applicant anticipates that no activity (grading anWor construcUou) will twice place within five (S) fat of the. outer dripllae of any oak tree. [ j The subject property contains one or more oak trees and the applicant states that activity (grading and/or construction) will take place within five (S) feet of the outer drlpline of any oak tree. an Oak Tree Permit has been or will be applied for prior to any activity taking place on the property. (AppHasnt's 616naturs) (Date) �O: 1l'j 0 L 13� 00. Attachment "4" P2 X00 - 1,17 Me Q P Loco -Lu [ (- �?-C6 -o g94.14� 1 J 164.2 � 1 w \ N56. 20 56.20 p0 • / 395 p5. S AA 7 \ `\ It -1-00 O 25 \VOP ` 1A 91;4 0 00 93' ®/ B:\ �o. < 1 ` ti ♦ _ in ``` C / a oo• 2 X25• / ` e• v 20164.6 0. 3pA0 0 ®+— - ® / \ \� O f I� 6200_,/ '9 6 159.60„' 34.60' 1� •�N 56`20',25 p0� � 7- � \i 3 , I - •co ;Q n 17 N 47' 53' 39' W PRC_ o op / m 180 Q1,S.F. I1�viio m, 19 m 65,219 S.F. t IOlo o f I Z 80,731 S.F. N 30.43.51-K RAD. rn _ 114, ` ( IY., (� N 44`00'00'M 166.15_ _ 61' 47.46' °i ©` 95.45'— — ' �O �i i1 v o / — — — N 40'00'00' _ ` 00•w / / / �CO N / �62 °7 N 53� p0 N 5�'p0 00 —w 109 83= _ to % / / iED N N Pow IVVi 1 f9 00'064 0'MD. — _ 03 29: 54' 0o ti ."j lN� 66 49•�AAD _" X318 29 — , �)' 5g0p0300wI �m _ 5' I1 p n -_ ©\ \ 100.4_1 _ 10 — o e -F MAt LEGEND: ��. INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP. INDICATES RECORD DATA PER P.M. 1528 UNLESS OTHERWISE INDICATED. EASEMENT NOTES: DEASEMENT FOR ACCESS PURPOSES TO BE RESERVED IN DOCUMENTS PRIVATE AND FUTURE EASEMENT FOR 1 STREET PURPOSES FilEASEMENT FOR PUBLIC UTILITY AND PUBLIC SERVICES PURPOSES aEASEMENT FOR SLOPE AND DRAINAGE MAINTENANCE PURPOSES TO BE RESERVED IN DOCUMENTS PESTRICTED USE AREA L� EASEMENT FOR OPEN;SPACE USE PURPOSES :R a CENTERLINE OF EASEMENT FOR UTILITY. 19 OPEN SPACE USE. AND EOUESTRIAN AND HIKING TRAIL PURPOSES EASEMENT FOR SANITARY SE =q PURPOSES ,¢,Q ❑� 2G%Lrnc EASEN,E,vlFQP E.t:!4..EfY_Y liF///1 ref) ACCESS Cp 0. T 0/ w \.\ N 26'00'00'H 4 / wo \ 118.43' o N O // / O / 2 D o cn §)/ / 41 h of 9 e -F MAt LEGEND: ��. INDICATES THE BOUNDARY OF THE LAND BEING SUBDIVIDED BY THIS MAP. INDICATES RECORD DATA PER P.M. 1528 UNLESS OTHERWISE INDICATED. EASEMENT NOTES: DEASEMENT FOR ACCESS PURPOSES TO BE RESERVED IN DOCUMENTS PRIVATE AND FUTURE EASEMENT FOR 1 STREET PURPOSES FilEASEMENT FOR PUBLIC UTILITY AND PUBLIC SERVICES PURPOSES aEASEMENT FOR SLOPE AND DRAINAGE MAINTENANCE PURPOSES TO BE RESERVED IN DOCUMENTS PESTRICTED USE AREA L� EASEMENT FOR OPEN;SPACE USE PURPOSES :R a CENTERLINE OF EASEMENT FOR UTILITY. 19 OPEN SPACE USE. AND EOUESTRIAN AND HIKING TRAIL PURPOSES EASEMENT FOR SANITARY SE =q PURPOSES ,¢,Q ❑� 2G%Lrnc EASEN,E,vlFQP E.t:!4..EfY_Y liF///1 ref) ACCESS Project MEETINGS November 28, 2000 CITY OF DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT PLANNING COMMISSION PROJECTS Case # PM Location PC 11/28 CC 12/5 PC 12/12 CC, 12/19 PC 12/26 CC 1/2/01 PC 1/9/01 (Dark) DAGAM, CHARY ' DR 2000-15 LDM 1819 DERRINGER LANE 'PH PH (Single Family Residence) DIAMOND BAR PARTNERS WEST DR 2000-17 LKS 2889 VISTA COURT PH (Single Family Residence) MCUP 2000-13 LKS MV 2000-18 HOUSING ELEMENT GPA 2000-01 JDS CITYWIDE Cont. PH PH LIPPICH, LESLIE DR 2000-08 LDM 1626 DERRINGER LANE PH (Single Family Residence) METRICOM — WVUSD CUP 2000-02 LDM 21400 PATHFINDER PH (Wireless Telecommunications) PLATINUM RESTAURANT CUP 99-4 JDS 245 GENTLE SPRINGS Cont.. (Review Conditional Use Permit) MCUP 99-9 AJL PH LDM TDM ARCHITECTS - POEHLMAN, NED DR 2000-21 LKS 1041 S. GRAND AVENUE PH (Verizon- 7,174 Sq. Ft. Office Addition) TOGO'S - ROBERT PARKER CUP 1998-09(1) LKS 1.1931S. DIAMOND BAR BL. Cont. (Amendment—Parking to Accommodate On- DR 1998-11(1) PH Site Seating)) " MV 2000-19 ADMINISTRATIVE REVIEWS Case # PM Location DCM 11/28 DCM 12/12 DCM 12/26 DCM 1/9/01 (Dark) KIM, NANCY MCUP 2000-17 Si 2803 DIAMOND BAR BL 'PH (Beer & Wine onsite sales) LUAN, JONAH ADR 2000-23 AJL 20839 QUAIL RUN DRIVE PH (Room Addition) MCUP 2000-13 LKS MV 2000-18 gA\Projectivleetings\nov28 OO.doc Project MEETINGS November 28, 2000 ADMINISTRATIVE REVIEWS (Continued) CITY OF DIAMOND BAR COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT Case # PM Location DCM 11/28 DCM I 1DCM 12/12 12/26 (Dark) YANG, ROGER MCUP 2000-18 LKS 2827 OAK KNOLL DR. PH (Constructdriveway — width greater than permitted by code) DCM 1/9/01 PENDING PROJECTS Case # PM Location BOURNE, JOHN MCUP 2000-09 LKS 2102 ROCKY VIEW ROAD ON HOLD - PER APPLICANT (Converting Storage into Game Room) DIAMOND BAR HONDA/ VAR 2000-02 AJL 515 S. GRAND AVENUE ON HOLD - PER APPLICANT ALEXANDER DEVELOPMENT JDS (Freeway Sign) DIAMOND BAR WEST—RICHARI7'GOULD DR. 2000-17 LKS 2899 VISTA COURT PROCESSING (TRACT 47850 LOTS 17 & 18) JCC DEVELOPMENT ZC.2000-01 AJL DIAMOND BAR BLVD PROCESSING — TRAFFIC STUDY UNDERWAY (Zone Chane to Commercial) PM 10208, PARCEL 2 KIM, KEVIN CUP, 2000-08 LKS 1403 DIAMOND BAR BL. PROCESSING (Martial Arts Studio) KITE & PORTER ARCHITECTURE DRI2000-22 Si 1200 CHISOLM TRAIL DR. PROCESSING (Single Family Residence) MOON, SEONG YEO CUP 2000-06 AJL 20627 GOLDEN SPRINGS DR. PROCESSING (Entertainment — Karoke) .NOVAK & ASSOCIATES CUP 2000-09 LDM 1155 S. DIAMOND BAR BL. PROCESSING (Co -location Wireless Telecommunications) PARKSITRAILS MASTER PLAN JDS CITYWIDE PROCESSING XM SATELLITE RADIO, INC. CUP 2000-10 LDM 21400 PATHFINDER PROCESSING (Co -location Wireless Telecommunications) CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING On November 28, 2000, at 7:00 P.M.,'the Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District Auditorium, 21865 East Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, John Easin, declare as follows: I am employed by the City of Diamond Bar, Community and Development Services Department. On November 22, 2000, 1 posted copies of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on November 28, 2000, at the following location: City Hall South Coast Quality Management District Auditorium 21660 E. Copley Drive 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on November 22, 2000, at Diamond Bar, California. ohn Community and Development Services Dept. gA\affidavitposfing.doc MEMORANDUM TO: Chairman and Members of the Planning Commission N DIAMOND BAR FROM: Stella Marquez, Administrative Secretary, Planning Division DATE: November 27, 2000 SUBJECT: Continued Public Hearing - Item 7 Pro-ject: Platinum Restaurant Planning Commission Meeting — November 28, 2000 It was brought to our attention that Attachment No. 3 to the above -subject Staff Report, entitled "Correspondence from LDM Associates, Off Street Parking Study, dated November 19, 2000," that was submitted in your package and delivered last Wednesday, was copied incorrectly. Please discard the attachment and replace it with the correct version attached hereto. We apologize for any inconvenience this may have caused you. Should you have any questions regarding this matter, please contact me at (909) 396-5676. Attachment cc: SX Diamond Bar, 259 Gentle Springs Lane, Diamond Bar Chris Pierce, Platinum Restaurant & Club, 245 Gentle Springs Lane, Diamond Bar CITY OF DIAMOND BAR OFF-STREET PARKING STUDY Prepared by: LDM Associates 9229 Utica Ave., Suite 120 Rancho Cucamonga, CA 91730 (909) 476-6006 PLATINUM RESTAURANT & NIGHT CLUB 246 GENTLE SPRINGS DIAMOND BAR, CA 91765 NOVEMBER 19, 2000 The purpose of this study is to outline the findings of an off-street parking survey conducted for the Platinum Restaurant & NightClub located at 245 Gentle Springs, Diamond Bar, California. The City of Diamond Bar received inquiries regarding an unusually high demand for off-street parking generated by the patrons of the Platinum Restaurant & NightClub. LDM Associates was retained to investigate the parking demand and requirements for this establishment. OVERVIEW O EXISTING CONDITIONS: The existing 8,900 square foot building was constructed in the late 1980's and it is designed as a traditional up -scale type diner -restaurant with a full service bar. The facility has been operated as a traditional lunch/dinner restaurant since its construction. The owner/operators of the establishment have changed over the course of time. The building was vacant for over 6 months before the current business ' began operation in November 1999. The restaurant building is constructed on a 5.01 -acre parcel of land. The subject parcel of land also contains the 86 -room, Best Western Diamond Bar Hotel and a one -acre parcel identified for a future office building. The hotel and the restaurant/night club share a common off-street parking area located behind the buildings. The common off-street parking area contains 270 spaces. During the public hearing process, the Platinum restaurant was described to the Planning Commission as a fine dining establishment that would provide dancing and entertainment after 10:00 PM when the dining activity concluded (see Planning Commission Minutes August 10, 1999). The Platinum restaurant was granted a Conditional Use Permit (No. 99-4) and a Minor Conditional Use Permit (No. 99-9) by the Diamond Bar Planning Commission on August 10, 1999 (see Planning Commission Resolution No. 99-19) . PROJECT RESEARCH & FIELD OBSERVATIONS: On Friday, November 10, 2000 we placed a call to the Platinum restaurant at approximately 3:30 PM. The intent was to make a reservation for diner. A recording indicated:.that the Plarimm Reatauratu & Night -Club Parking Study Page No. 1 Platinum restaurant and night club would be open at 9:00 PM, that a cover of $10.00 would be charged; that ladies would be admitted free; that the facility contained six fully -stocked bars; that the facility would be jammed packed; and that a dress code would be enforced. We were unable to reach a restaurant representative in order to make diner reservations. We reviewed the local telephone directories and we found that the Platinum restaurant and nightclub was listed in the "Yellow Pages" under the headings for both restaurants and nightclubs. On Friday evening November 10, 2000 we visited the site to observe vehicular traffic visiting the location. We arrived at 10:00 PM and we were stationed in the K -Mark parking lot overlooking the restaurant/nightclub. We were able to have an unobstructed view of Gentle Springs Lane, the driveway to the common off-street parking area for the restaurant/night-club and the Best Western Hotel and the entry to the restaurant/night-club. The following is a brief overview of our observations: 1. 10:00 to 11:00 PM ® 127 vehicles entered the common parking area ® 47 vehicles left the facility and exited toward Diamond Bar Boulevard • Of the 127 vehicles entering the facility approximately 96 vehicles (76%) were single -occupant; 27 vehicles had two occupants (21 %) and 4 vehicles had three or more occupants ® A net 80 vehicles remained on-site 2. 11:00 PM to 12:00 Midnight ® 80 vehicles entered the parking area ® 34 vehicles left the facility and exited toward Diamond Bar Boulevard ® Of the 80 vehicles entering the facility approximately 67 vehicles (84%) were single -occupant; 11 vehicles had two occupants (14%) and 2 vehicles had three or more occupants. ® A net 46 vehicles remained on-site During the 2 -hour observation period 126 vehicles remained on-site. No attempt was made to count the number of vehicles that were already parked at the facility before the survey began. At 11:30 PM the common parking area betviieeri the Best Western Hotel and -the -Platinum restaurant/nightclub appeared to have reached capacity. Several of the security personnel stationed themselves in Gentle Springs Lane at the driveway leading to the common parking area for the Continental Burgers and the Diamond Place Seafood Restaurants (225 & 233 Gentle Springs Lane). Vehicles were directed into that off-street parking area. The vehicles entering this parking area were included in the total vehicle count. In addition, it should be noted that approximately 30 to 35 vehicles were parked on Gentle Springs Lane. On -street parking seemed to be the preferred location because the street was fully utilized early on in Platinum ReSMUMRT & Night -Club Parking Study Page No. 2 the survey and each time a space became available it was quickly filled. At 12:05 AM we concluded our vehicle count and then we toured the parking area behind the Platinum restaurant/nightclub and the Best Western Hotel. Approximately 13 unused parking spaces were observed. Five (5) spaces were located behind the restaurant/night-club and 8 spaces were located near the westerly end of the parking lot behind the Best Western Hotel. There are 270 off-street parking spaces located behind the hotel and the restaurant/night club. The number of utilized parking spaces included 257 on-site spaces, 30 on -street spaces and 15 spaces located at the Diamond Palace Seafood restaurant (302 spaces total). We were unable to determine the number of on-site spaces that were used by the patrons of the Best Western Hotel. During the time of the survey no attempt was made, by any patron of the Platinum restaurant/nightclub, to use the K -Mart parking area. The public's use of the K -Mart parking area concluded at approximately 10:30 PM when it appeared that all employees had left the building. The lighting of this parking area was turned off at 11:00 PM. The lighting of the K -Mart parking lot provides a significant amount of illumination for Gentle Springs Lane. SURVEY OF OTHER CITIES: As part of our research we have gathered information from other cities concerning their off- street parking requirements for restaurants and for restaurants serving alcoholic beverages and having dancing and entertainment (i.e. NightClubs). The most utilized standard for restaurant off-street parking seems to be one parking space for each 100 square feet of gross building floor area. Most cities make a distinction when the facility adds dancing and entertainment as an ancillary use. The off-street parking ratio is generally increased to include the dance floor, which is most often calculated at one additional parking space for each 35 square feet of dance floor area. The notable exception is the City of Brea, which requires one parking space for each 7 square feet of dance floor area. It is our understanding that most cities require the issuance of a Conditional Use Permit (CUP) for all nightclubs or restaurants having dancing and entertainment. Among other things the number of required off-street parking spaces is a critical element of consideration when a city considers the issuance of a CUP. Many cities will increase the number of required parking spaces based on the anticipated demand. We have attached a summary of off-street parking requirements for a number of California cities that responded to our request for information. Attachment: Off -Street Parking Standards for selected California cities Platinum Rcataurant & Night -Club Packing Study Page No. 3 � ' l�ffly W-114 F T % M= SpringsUentle DIAMOND BAIR RESTAURANT ® Total No, Off -Street Parking Spaces: 270 ® Total No. On -Street Parking Spaces: 30 • Grand Total Parking Space Available 300 City of Diasnond.Bax, ,Ca&ornja PROJECT Platinum Restaurant 11. 245 Gentle Springs Ln. A0 0 03 PROFS lof INN of oe o as a N �,� �► ` o rn i 0Doti o .�., Ciiy of Diamond•Bar;: Calif®ruiia ` PROJECT Platinum Restaurant •fir. �... . l``� " 245 Gentle Springs Ln.' 16 -Nov -00 Page 1 UJOU lis .06 Arcadia 1 space1100 square feet Assembly- 1 space/5 seats or I space/35 square Source-. Ca. Parking Standards, 1995. feel of non -fixed area Atascadero Restaurants and bars: I space(patron table plus A facility with a large dance floor may have I space(2 counter stools plus employee parking additional requirements. Source: Mr. Phillip Dunamore, City of (I space/6 tables, I space/ 100 square feet Atascadero kitchen space) Baldwin Park I space/200 square feet Public Assembly: I space/3 seats or I space/35 Source: Ca. Parking Standards, 1995. square feet of public assembly area Brea Minimum of 10 spaces or I space/75 square Assembly: I space/3 seats or I space/35 square Source: Ms. Heather Weimer, City of Brea foot gross floor area !up to 6,000 square feet or feet Dance Planning Deparhnent 1/55 square feet over 6,000 square feet floor area. I space/7 square feet of dance floor area City of Industry I space/3 persons indoor and I space/5 persons Public Assembly: I spacef3 seats or I space/24 Source: Ca. Parking Standards, 1995. outdoor square feet of non -fixed area Claremont I specellOO square feet 1 space/] 00 square feet Source: Ca. Parking Standards, 1995 direct Dance Floor: I space/2 fixed seats and I space contact for every 14 square feet of non -fixed seating assembly area in a room in which dance floor is located. Covina 1 space/50 square feet Assembly; I space/5 seats or VIODsilitare feet Source; Ca. Parking Standards, 1995. of non -fixed area El Monte I spacel ISO square feet Assembly: I space/175 square feet of non -fixed Source: Ca. Parking Standards, 1995. area Page 1 Page 2 - jlm sa[e1=Cfan�rrtgfa 3�iet alcnrreIn '�`u` `' - Yq_ 53it} fll — _ -- ` _ - _mac-.'�.=_-'_ :S.•. _ _ -- - :-.n:"-����.. _:..r:_.a. _.'- =.�a�_---- - -- - --_ • -:.— ---•-�-tA= o:b ed�AnnmlE—off _—_�_ -�_ — —' = _ _ _ �- �?•3.. �irb>~`3' •c� `•.it��l'a�rclnit'--��.'•^_=' � `�� mss«-gid- _ — > :xv c-�-=--:.o.��—:�; Public Assembly: 1 space/35 square feet of non- - Public assembly includes restaurant and Fontana 1 space/75 square feet fixed area nightclub facilities. Source: Ca. Parking Standards, 1995. Fullerton I space/ 100 square feet Assemilbly: 1 space/3 seats or I space/35 square Source: Fullerton Municipal Code Table feet main assembly area 15.30.060; Ca. Parking Standards, 1995. Dance Floor: I space for each 2 fixed seats and 1 space for every 14 square feet of non -Fixed seating assembly area in a room in which a dance floor is located_ Glendale I space/l00 square feet Assembly: i space/5 seats or I space135 square Source: Ca. Parlcing Standards, 1995. feet of non -fixed area Glendora I space/3 seats Assembly: I space[4 seats or 1 space/40 square Source: Ca. Parking Standards, 1995. feet of non -fixed area Grand Terrace I space/] 00 square feet 1 space/25 square feet gross nightclub area with Source: City of Grand Terrace Planning no seating Department Highland I 3paee/75 sgaure feet of gross floor area up to Public Assembly (Nightclub): I space/3 seats or Source: City of Highland Development 6,000 gross feet and I space/55 feet of gross t space 35 gross feet where there are no fixed Code Table 10.30-A,P floor area for dining over 6,000 gross feet seats or 1 space 12.5 persons of the occupancy of the building whicb ever is greater and 1 spacelevery 3 employees on the premises in a 24 hour period Irvine i space/75 square feet of gross floor area up to Source: City of Irvine Zoning Ordinance 6,000 square feet and I space/55 square feet of gross floor area over 6,000 gross square feet Page 2 Page 3 -- - - - . . . . . MEW:: Q I spacellOO squame feet Source: Ca. Parking Standards, 1995. Irwindale Assembly: I space/5 seats or I space/35 square fee( of assembly area La Habra I spacd4 seats and 'I space/250 squaw feet of Same as restaurant, but may include Source: City of La Habra Plowing nor -seating area requirements for Banquet Room with no Department permanent seating: I space/60 square feet Le Puente I space/I00 square feet Assembly: I space/3 seats or I space/21 square Source: Ca. Parking Standards, 1995. feet of assembly area Lake Forest Minimum of 10 or 1� for each 100 square feet same as reslaurant Source: City of Lake Forest Municipal gross floor area up to 4,000 square feet plus one Code 9.168.020 for each 80 square feet of gross floor area over 4,000 square feet 'acrJ250 Loma Linda I ;p- square f6et Assembly: I space/3 seats or I spacet5O square Source: Ca. Parking Standards, 1995. feet Manhattan I space/50 square feet of seating area including With live entertainment: I space/35 square. feet Source: wiviv.d.manhattan- Beach cocktail lounge seating area beach.ca.us/home! Dance floor: 1 space/35 square feet of dance City of Manhatian Beach Parking Standards floor area Monrovia I space[2.3 persons (occupancy load) plus 7% Assembly: I spacet5 seats or I space/30 square Source- Ca. Parking Standards, 1995. occupancy load for employees feet of mon-fixed area Montebello I space/400 square feet Public, Assembly: I spacet5 seats or I space/35 Source: Ca. Parking Standards, 1995. square feet of non -fixed area Monterey Park I space/55 square feet I space for each 3 seats or Ispacc/35 square feet Source: Ca. Parking Standards, 1995. Ontwoo I space/2 seals Assembly: I space/4 seats or I space/40 square Source- Ca. Parking Standards, 1995. feet of main assembly area Page 3 n Page 4 gay, . . . . . . . . . . . e—_ Assembly: I space/5 seats or I space/35 square Source: Ca. Parking Standards, 1995, Pasadena I space/50 square feet feet of assembly area Pomona I space/100 square feet Assembly: I space/3 seats or I spaceI35 square Source: U. Parking Standards, 1995. fee of non -fixed assembly area Rancho I space/100 square fee( Assembly: I space/3 seals or I spacfJ-35 square Source: ea. Parking Standards, 1995. Cucamonga feet of non -fixed assembly area Rialto I space/125 square feet L space130 square feet of nightclub floor area Source: City of Rialto Planning Department Riverside I spece/ 100 square feet Assembly: I space/4 seals or I space/30 square Source: Ca. Parking Standards, 1995. feet of non -fixed assembly area City of San Minimum of 10 spaces or t space/35 square feet I space/200 square feet of gross floor area Nightclub may have the same requirements Bernardino of public seating area, plus I space for each 200 as restaurant, or may be considered a general square feet of all other gross floor area commercial use Source: City of San Bernardino Off -Street Parking Standards- 19.24.040 San . ta Ana I space/100 square feet gross building floor I space/28 square feet of nightclub area A combination of the two parking area requirements would be used. Source: City of Santa Ana Planning Department Santa Monica I space/75 square feet gross building floor area I space/50 square feet gross building floor area Source: Santa Monica Municipal Code Table 9.04.10.08.040 South Gate I spacell 00 square feet of gross Door area up to I for each 3 fixed seals in areas used Source: South Gate Municipal Code 4,000 square feet plus I space/50 square foet of simultaneously for assembly purposes, or if 11,34.030 gross floor area over 4,000 square feet there are no fixed seals, then I for each 100 square, fact of floor area used for assembly purposes V Page 4 Page 5 W 7. Or - ftc Assembly: I space/5 seals or I spaeel50 square QUM Temple City I space/100 squ re fret Source: Ca. Parking Standards, 1995. feet of non -fixed assembly area Upland I space/200 sqqpu re feet Assembly: I space/5 seals or I space/40 square Source: Ca. Parking Standards, 1995. feet of non -fixed assembly area West Covina i I space/3.5 seats Assembly-. I space/2.5 seats or I space/40 Source; Co. Parking Standards, 1995. square feet of non -fixed assembly area Whittier I space/100 square feet up to 4,000 square feet Dance Hall:.l spacef50 square feet Source: City of VA9ttier Planning and I space/50 square feet over 4,00D square Department feet Yorba Linda I spacat 100 square feet Assembly: I space/3 seats or I space/30 square Source: Ca. Parking Standards, 1995. fed of main assembly area Page 5 y� NOTICE OF PUBLIC HEARING FOAWP,F� � -2 ' City of Diamond Bar, 21660 E. Copley Drive, Suite 190, Diamond Bar, CA 91765 TO: Property Owners within a 700 -foot radius of subject site FROM: City of Diamond Bar, Planning Commission NOTICE IS HEREBY GIVEN, pursuant to State Law, that a public hearing will be held by the Planning Commission to determine whether or not the subject request shall be approved under the provisions of State Law and the City of Diamond Bar's Development Code as follows: DATE AND TIME OF HEARING: Tuesday, November 28, 2000, 7:00 P.M. (or as soon thereafter that the matter can be heard) PLACE OF HEARING: SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT Auditorium 21865 E. Copley Drive, Diamond Bar, CA 91765 SUBJECT: Conditional Use Permit No. 2000-02 and Development Review No. 2000-20 REQUEST: Conditional Use Permit No. 2000-02 and Development Review No. 2000-20 ((pursuant to Code Sections 22.58.020, 22.42.130 G, and 22.48.020) are requests to co -locate a telecommunications facility on an existing monopole approved on January 25, 1993 by Conditional Use Permit No. 92-11. The request also includes an equipment cabinet, utility pedestal and concrete pad for both. PROPERTY ADDRESS: Diamond Bar High School, 21400 Pathfinder Road, Diamond Bar CA 91765 PROPERTY OWNER: Walnut Valley Unified School District, 880 South Lemon Avenue, Walnut, CA 91789 APPLICANT: Metricom, Inc., 1460 East 33rd Street, Signal Hill, CA 90807 ENVIRONMENTAL DETERMINATION: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15301(b), the City has determined that this project is categorically exempt. Published in: San Gabriel Valley Tribune: November 17, 2000 Inland Valley Daily Bulletin: November 17, 2000 If you are unable to attend the public hearing, but wish to send written comments, please write to the City of Diamond Bar Community and Development Services Department/Planning Division at the address given below. To preview case materials or for further information on this subject please contact the Planning Division at (909) 396-5676. """ If you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. CASE MATERIALS are available for review between the hours of 8 a.m. and 3 p.m., at the City of Diamond Bar Department of Community and Development Services, Planning Division, 21660 Copley Dr., Ste. 190, Diamond Bar, CA 91765 n North Subject Site (trot to scale) VICINITY MAP went INLQAAP r UK UU-1 /, M— NOVEMBER 28, 2000 !!Maw �0-1 �W =1�IY err• �YYeY ��� Y�YY WY �Y,YYrY JLY{ tiTrmY�wuwYrVrrr� —L. '��'-L= WirYYwMw�� �YYYYIYYMIYr r®wN Yrr Yw®m a® /m�M tiYY_ilu. ®1YY�i MY Yr YY® yyy �ilY �YW � YI � Yw rW `YmYYY Y�i�le y YYr�tY r_m0�i�rf4�Ym�wlYu�l�IaYSY Y—�YMYYr _rYi , rrLY mw• t ,+w� Y� � � vv W Y W ir��@i � Yml 2 WY Wr r Y w ww — 4 • / '• ii�sil r���� .ffi y 1p. -fpIL F�Ya.'Y`m W.- AM- i RL ~" YaY,®sa m,s µ — _-. M1~'b YY,rsvwm04 J_ wrrrrtlr_rer .+�L _ wr ` .moi 4f ,.� w� r•YY��Y� mM y .�i,�rr.rrW �"� t �sYY"Nme�ii'Ywe1m J 1Y Y• O iota lYYY1Y�w�Yrwre ® Ms w4 051MIE— --"� VISTA COURT .. Mig wYemrY. to J ,W pC Y wu C 9l LI GJmma- W ���Ta' J w ,8 a VICINITY MAP went INLQAAP r UK UU-1 /, M— NOVEMBER 28, 2000 iGNING AREI. M1[YI [I ot't LOYER FL OM PLARI o 3w- IM3 �GHT WDE EL IEMA1; 0'M 2 r w - 5 y 9 6 3 R fP+.AN Horea .. bl- cl IIIINi otl � 'sP p _;s 'u.+a cs HALLWAY (� - i s o OPEN ENTRY- FORLH U O So CII=� WD ' ? �F�mo I _ WARDROBE MASTER HALLWAY WARDROBE HA5TER BATH BEDROOM+S � C DINMG RRLHEN w.c. uv ::"GLi:::4�;,i!::jil5i3 i�din��i!y�tJi:i++�:i�•"� ii W+"it!-ii�kil2i+v1_.;:ir:�;r''!�y1 '� la{C�1 TZ NIJ.D. Nov., " v ,'u_ KI.6 [ ' � 1 —`Q* - p�-..uio�_{I .a.l..t:4ti''�' / ///--®•�S\\ — .— —_—_ ` .x._ 5 4 ROOF FLAM 0 &CAR GWRAGE FLOOR PLAN rt. En Ell I- - 0000 I� �I ❑D M=� NGHT MOO ELEd6°aMMn �L�G1� �L��Q�V©i� s cM1 n[p�+V OV O _.t a a -ra o i �s. FRONT ELEaAMON LEFT MOE ELCWAM o M IJ.N NOTGB ov[t, ursty Lam. •.� ®•� �...,.:..,«[... < I F1,00F FLAN sine: vs-_ r -o• WENT MOL ELLWAYOUN 6GAL41-11'-1 LWOU-NME1 WoUNNE FLOOR ■ I' ,—� REAR ELEWAYMN L_�II c��PUt� (�LISV(n11IJUll�l - Jeffrey L. Mel czer • Attamey at taw 55 S. Raymond, Suite 300 Alhambra, CA 91801-7105 Tel: 6261576-1577 Fax 626/281-1890 CITY OF DIAMOND BAR PLANNING COMMISSION TO: TELECOPIER NO.: (909) 861-3117 FROG LIZ FORTINI r00 SUBSECT: PLATINUM RESTAURANT COND.USE PERMIT NO. 99-4 ' co NOVEMBER 27, 2000 DATA. t..-. " Avr�.;�^Jrsele*9cfirlri,tk,�r#,t#�eit*i,tdtkirk,tit,Rei,adrlc�rt,kir#�esrarkieir,k,+r,+a,af4tfiri,ttir,tickk n � The fallowing document(s) are being transmitted to you and consists of 4 pages, including this cover page: (Z) PLEASE DELIVER TO THE PLANNING COMMISSION (2) (3) (4) UPON RECEIPT. THANK YOU. IF YOU HAVE ANY PROBLEMS WITH THE CLARITY OR IN RECEIVING THESE DOCUMENTS THROUGH YOUR TBLECOPIER, PLEASE CONTACT THE UNDERSIGNED AT THE ABOVE TELEPHONE NUMBER. THANK YOU. ?S 8 V 8z AON 00- A Li'1 Jeffrey L. Melczer Attorney at Law 55 S. Raymond Ave., Suite 300 Alhambra, CA 91801-7105 Tel: 626/576-1577 Fax: 626/281-1890 November 27, 2000 VIA k*AX *- 909/861-:117 17 City of Diafttol)d Ba -L* Planning C'01111ni-53i")11 21660 E. Copley 1.)r., Suite 190 Diamond RAT, CA 9174-b-4177 Be: Platinum Restauront Conditional Use Pe-L-Iflit No. 99-4 Dear Gentiopeople: Thi:.; office r.-oprpsenL�.; SX Bail, the land-Iord OE the PlaLinkara RestaurailL. Th otr.pr Planning s sel-tt tr) the. Plai c:o1jullission for P U rp U s e -`5 0 e it hoarinra rogarding Platinum Restaurant. on Nc.)vembez Its, 200-,). When SX sicIned the lease for I.tic- restaurant wiLh Platinum, the lease stated that the premises woiild be used by Platinum for "fine dining, banquet and. general bar uso.." 'There was no staterlient in the lease that the premises would be use.cl as a night club - There is a total of 276 parlkiriq spaces. in the lot* for the use of the motel and the restaurant. There were no discussions regarding use of tkv-, perking spaces.- when Lh(lea-','(-- was signed in May 1999. it war:; 3x1tj assuniption t-nat PlaL.ii--urn, like the previous tenants, would use iLs fair share of the marking spaces and that there would be parking spaces ,-:or the rest.aurant and the motel. The Conditional Llso Permit Appiicitioa, which SX signed in June 1999, conforms with t.he understanding that Platinum would only require less than halt the toL-Il parkinq spaces i;i the lot. The Applicat.ion specilically there is a of 103 parking spaces required by Platinum. PlaLinum) represQfiLed to the Planning staff that iL was to be a I)igh end rostaurallL and thal. ipproximately 60�- Of its revenue was tc, bc--,,derivPd from food servi-ce. At this time, iL appears that FlaLinum is primarily a lliq-bt CiLlb- $X doubts that Platinum derives anything iike FO*,? of its revenue from food service. City of Diamond Bar Planning Commission November 27, 2000 Pagel During the first three months of Platinum' s exisLunce, Platinum appeared Lo conforin to its proposed i;se. 'There were no problems with parking or noise. Ther), in approximately Derembcr 1999 things changed. Platinum turned irito a nightclub with dancing and DJ's adve-rtising heavily on the radio. AL first, Lhis change was not a probleittfor the motel. There was valet parking. AdeqixaLc parking was. reserved for the motel guests. Noise was riot a problem. Then, in approximately April 2000, there was another change. Platinum stopped the valet par -king and instead encouraged its customers Lo use any and all available spaces, in the parking lot. This did create problems for thea motel. Thn parking problem was resolved by an informal agrPPnt(_niL Lhat two rows of parking would be reserved for motel customer5. There was also a ricise probiem which cc-ontinues to this date. Shortly before 2:00 a.m. when the night club close. -S, Lho hundreds of people in the club pour OVIL into the parking lot. They are noisy. They set off their car. alarms. The turn on their car stereos to maximum volume. This does create a problem for motel guests. While Plai,inum does, at times, appear Lo try Lo control the noise level. of its guests, iLs efforts are incons is tent". No one at the MoLoi can anticipatc. from we-ok to week what the anise level at 2:00 a.m. on Friday and Saturday nights. This is completely unfair U) the mot.pl and its guests. On October 2.0, 2000, the motel set tip formal barriers to prevent Platinum patrons from parking in spaces that the motel believes iL :is entitled to. As a result of that, Platinum filed a lawsuit and obtained a preliminary injunction preventing the motel from reserving any of the parking spaces. That, case is pending and being fought. vigorously by SX. City of Diamond Bar. Planning ConLrnis- ,i,ojj November 2'1, 2000 Page 3 In summation, SX is concerned about PIFI-til-113MS unilateral change in the use OE the rest�-wrant, its untruthfulness in dealing with SX and with the Plarin"')9 COI(aui5si011, its unilateral taking over of the parking spaces, and its inat)ijiLy to abate the noise problem that. it-. has created- The Commi-ssio-n needs to L iddr,ess these issues and arrivo at a rea5oned conclu5jon. Sincere] Y, JLM- I f JEFF Mh;LCZER cc: SX Diamond Bar - via fax - 270 TOTAL OFF-STREET SPACES 90 SPACES ARE REQUIRED FOR THE HOTEL USE Uentle Springs Lane -'`'DIAMOND BAR RESTAURANT • Total No. Off -Street Parking Spaces: 270 • Total No. On -Street Pa " rkina Sr)aces: 30 • Grand Total Parking Space Available 300 City of Diamond Bar, California EXHIBIT BIT "All xffl PROJECT Platinum Restaurant 245 Gentle Springs.Ln. GFall Greek, A. ell > `* tl Y 11•a.l 1., O tl tl I � � , .Y f ^ ir• ujcr tl l•w — j••N4• \ ` � ~I y 1.4 • `^• • b I ti..,':. tl tl dr � :' •' G y ` N ^ <81 V 1�1.� •••`7.1.1.' ' ' n `N �``•�'• _ 1`1. � 11 -w Wi .. •cel :=k... - . ni XF•\./�' m Ic Im. i.1„1,,. :�: r r� ar is 1 � \ �4 � \ � i �.: y , •.. •:::;:::.o�"' IIIA ' r : :•.'Q f •J t Leif'/! � ••.} •- \ �p ^ / :•(j �r:',v':.v'!::.ij�: o Iq N �N {:wL:{: .�•� QJ\ I . ^ �J/ .. is "•: •+•^' ---- w••� �'r � N xf N� EUII 1 JL•1 �� j • (� Dear Council Members Thank you for the opportunity to address the Council. I apologize for my absence from ` this hearing but I am forced by job demands to be out of town on this date. Let me be clear however as to the emphatic nature of my plea to you this evening. Situation: I live. on the top floor in the 364 building of Fall Creek. My lone bedroom is located in the front of the building which faces directly toward the Platinum club. I have been a resident of this complex since 1992 and chose to purchase my condo in Fall Creek because of the quiet nature of the area. There are some freeway noises but they are of a nature that I have to listen for them to really hear them and in fact I am able to sleep quite comfortably with my windows open. Problem: Since the time that the Platinum Club began their dance club format I am unable to sleep without being consistently awakened by the pounding bass emanating from, the building. If you have had the experience of sitting at a stop light listening to your radio when you' start to feel and hear a throbbing sound and vibration from the stereo of a car outfitted with the heavy bass speakers, then you have experienced my dilemma. I do not have a problem with the business owner of the club. He has made a business decision which certainly has merit. I have spent enough time in such clubs to understand the need for volume. Being a drummer I am not automatically upset by volume. However in this case my life is being adversely affected in a substantial manner. I have complained on several occasions to the Sheriff s office. Early on they would visit and the volume would drop for a time only to go up again later. At this time the sheriff has informed me that I can achieve no assistance from them on this matter. Simply stated I can not sleep consistently and equally important I am unable to sell or rent my home without disclosing the condition. If I fail to do so and a party buys or rents and discovers the condition I am open to several unpleasant scenarios. A breaking of the lease or suit to recind a purchase contract as well as to recover damages. This would including buyers closing costs and ancillary damages which would be the result of the buyers detrimental reliance upon my representations and failure to disclose a condition which a reasonable person would not accept. There are others who do not hear the sounds in our complex as they are not positioned in the complex as am I. My building takes a full frontal shot of the sound. In conclusion let me reiterate that I have no problem with the business, however the building cannot contain the sounds inside. The type of building which would work properly would be the old LA Fitness building behind the Kentucky Fried Chicken in Diamond Bar. However the people of that neighborhood probably would want the club to do a better job of controlling the broken bottles and trash left behind by their patrons. Thank you for this opportunity I implore you to recognize the impact that this nuisance is having on my right to the quiet enjoyment of my property. This'is not a question of a problem business so much as it is a location problem. Dale C Hoy 364. S. Prospectors rd # 144 Diamond Bar,, Ca. 91765 909 3964826 11 2 13Uv••c0—UU UO:OUR rrum—mu IH14 ,`! .'• TA ra + CKER ATTORNEYSAT LAW n PARTNERSHIP INCLL)UINC PKOFS5SiCr4 tL CORPORATIONS oil ANTtON BOULEvAKO. FOURTEENTH FLOOR COSTA MCD+,. CALIFOKMA 92620.:956 DIRECT ALL MAIL TO POST OFFICE BOX 1550 COSTA ME5A. CALIFORNIA 9262ts-7950 TELEPHONF.7T4.64i'51G0 FAC5IMILE 71,-546-5035 INTRKNEI ADDRESS www ra.terixvm DErea Dia[. (714) 662-4628 E-mail- pmuno-cs,�ya^rusan cam (14"040-VU40 1-410 r•UG/IU r-Go4 n W. 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A.,LOn, T,AG November 28, 2000 Honorable Chairman and Members of the Planning Commission City of Diamond Bar 21660 East Copley Thrive, Suite 190 Diamond Bar, CA. 91765 Re: Platinum Restaurant and j i ,,htelub Honorable Chairman and Members of the Planning Commission. This office represents the Platinum Restaurant and Nightclub, as well as its owners, Jill Pierce and Chris Fierce. We. are writing to update you regarding the status of various items which were discussed at your last hearing on this subject-, and in response to the staff report relating to your meeting this evening. 1. SUMM-A-Rt_Y_ In summary, and as more fully described below, we believe the appropriate action for you to take this evening is to receive and file the staff report and conclude your review of this matter. it seemed apparent at the last Planning Commission hearing that your primary concern related to parking issues at the premises. These issues surfaced as a result of the owners of the premises (who also own the adjoining hotel) erecting a barricade in the parking lot, thereby significantly limiting the available parking. Since the time of the last Planning Commission hearing, our clients have prevailed against the owners of the premises in a legal action. Specifically, they have obtained a preliminary injunction whereby the court has ordered that the 290 parking spaces existing onsite must remain available for both the hotel and our clients' use, without restriction. Accordingly, when the 50 on -street parking spaces are included, there now exists approximately 160 more parking spaces than required by the City's code for the combined uses of our clients' business and the hotel. With the court order for the removal of the barricade, our clients are confident that the situation will return to a state in which parking problems no longer exist (as was the case before the barricade existed). To her alleviate park.;-- concerns, our clients have reached informal agreements with the managers of three nearby businesses to allow overflow ark;ntr to occur in their a s. n addition, our clients have o ere to p ii't of 334)0205464=1 naS56 of iti u2ar04 -RUTAN &-7 RUCKERB I T 0 w n t, b � 1 .1 W Honorable, Chairman and Members of the Planning commission November 28, 2000 Page 2 converting the southwest triangular-shaped comer of the property, which is currently undeveloped, into additional parkine, spots. We have not yet received a formal response To this proposal from the owners of the property, but are cautiously optimistic That a favorable response will be forthcoming. In sum, the parking situation has been rectified and signific=tly more parking spaces exist than are required by the City's development code, Moreover, significant efforts have been made to secure additional parking from third parties. importantly, should The Planning Commission modify our client's CUP to require more parking, its action would be tantamount to . - - client's I 1. . - - - - 1 - The existence ofmore putTipg our clients out of business in that they have no ability to guaralfl-)T parking than exists onsite as approved in the existing CUP. it is important to note that any action by the Planning Commission to do so would-be contrary to existing case law and would result in a taking of our clients' vested Tights to utilize their property. Accordingly, to impose additional parking requirements would neither be p-radent, nor would it be equitable in light of -our clients' significant, successful, and costly efforts to ensure the entire existing parking area is available and to secure additional parking. 11. PARIUNG ISSUES LDM Associates has provided a survey of parking requirements for uses such as our clients' in other jurisdictions. In addition, our clients have surveyed several cities not included in LDM's survey, and Their results are attached hereto. The parking surveys which have occurred by LDM and our clients demonstrate that Diamond, Bar's existing parking requirements are consistent with the parking requirements of other jurisdictions in Los Angeles and Orange Counties. The City's existing development code in essence requires one parking space for each 75 square feet of assembly area and an additional space for each 100 square feet of outdoor dining. Using This formula, the City's development code and the existing CUP require 96 parking spaces for our clients' business. LDM's report suggests that The "Most common" requirement for similar uses Is one parking spot for every 35 square feet of assembly area. Our clients, survey of parking requirements in cities not referenced by LDM (attached for your review) indicates less restrictive parking requirements are equally common. Indeed, approximately 50 percent of all cities surveyed by LDM and our clients utilize less restrictive standards than one space per 35 square feet. It is important to remember that The existing CUP and the existing City code only require one parking space for every 75 square feet of assembly area. Nevertheless, if that ratio were cut in half, requiring one spot for every 37.5 square feet of assembly area, our clients' parking requirement would obviously double and become approximately 192 spots. If this number is combined with the required 88 spots for The hotel (based on one spot per room), the total parking 39,4/020SUO.-Wo1 138556 01 a1 I2wDo IIUV—LQ—UV V Z, ; Q Upill r i wornv i mi FUTAN &TUCKER T 70wrv, , . I Honorable Chairman and Members of the Planning Commission November 28, 2000 Page 3 1 14 q 1 V 9 ... . - I - - I v I - requirement would be 280 spaces. This is easily met by the existing parking which is comprised of 290 onsite spots and 50 offsite spots for a total of 340 parking spaces.' The significance of these numbers is to demonstrate that even if Diamond Bar's parking requirements were as restrictive as what LDM describes as "the most common" requirements for uses such as our clients', more Than the necessary Parking spaces already exist onsite, with an additional 50 parking spaces existing offsite. Now that the court has enjoined the hotel from preventing ihe.use of any onsite parking spaces by our clients' patrons, which resulted in the C> been raised with the City, the parking situation has been resolved. -that-haw carris g� Importantly,.our clients only have within Their power the ability to address the availability of parking spaces onsite at their premises. While they do not have the ability to guaranty that additional parking be made available, they have nevertheless gone to significant measures to ensure parking problems do not exist. In this regard, through their own efforts and the efforts of the Chamber of Commerce, inquiries have been made with various nearby businesses. Three nearby businesses have agreed informally to allow *overflow parking in their parking lots (although these businesses are not willing to enter into formal written agreements that would be a' assist the owner of their binding on their properties). In addition, our clients h ve offered to s'st premises in creating more parking. Specifically, they have offered to pay half of the cost of paving and striping the parking lot in the northwest, undeveloped corner of the subject property. While it is our strong preference to merely point out that solutions have been found to the parking situation, we do feel compelled to point out several significant inaccuracies in, the staff report. This evening's staff report, as well as the staff report from the last Planning Commission hearing, suggests our clients somehow tricked the City into thinking they intended to operate a restaurant, not a nightclub. it was obvious from the Planning Commission's discussion at ITS last hearing that at least some of you are inclined to buy into the staffs position with regard to this issue. We respectfully request that you look at The objective facts with respect to this issue as they demonstrate The staff report is simply wrong in This regard. 11 is important to note that the name of an applicant on a CUP application is irrelevant. Rather, the proposed use is the relevant consideration. While our clients' CUP application does state the applicant is the Platinum Restaurant (as a result of The fact the line was not long enough To write in the full name "Platinum Restaurant and Nightclub"), the. use applied for clearly states dancin2, entert4inin—ant, outdoor dining, billiards and onsite liquor sales. The mere suggestion that the City thought it was approving a CUP for a restaurant lacks credibility considering the fact no CU? would be required to operate a restaurant at the site. importantly, and again Canuary TO, The report prepared by LDM Associates, there are 290 pudug spaces existmg onsite, and 50 spaces on the street. (J -DM mdicates The existence of 270 onsite spaces and 30 offsite spaces.) 3YA/020586-4001 134$56 01 211129/00 IIUV-49—VU U4 - 44pill i I Vill :F..LJ-TAN �-CKERI T 7 U 0 n c t 1 Honorable Chairman and Members of the Planning Commission November 28, 2000 Page 4 contrary to the staff report, our clients did not change the uses occurring at the site- The dance floors at the site have existed for years. Similarly, the building has been utilized for a restaurant and nightclub for years. Our clients made no physic I al changes to the premises to allow it I s current use as both a restaurant and a nightclub. Much has been said in the prior hearing relating To OUT clients' business Plan. Indeed, our clients' business plan indicated they would endeavor to generate 60 percent of their -revenues from restaurant operations and 40 percent of their revenues from nightclub operations. Our dents .stili endeavor to generate revenue on this basis. There is not, however, AU requirement - ----Tl -ere- - MY requirement that-Ahe c a, basis, nor is there in the CUP that revenue be generated on such business plan be provided at all. Without regard to whether the City feels OUT clients` representations as to the ratios by which they intended to endeavor to generate revenue are material, the fact remains that they have always indicated restaurant operations would cease at approximately 9:00 or 10:00, at which point nightclub operations would begin. There was never any representation whatsoever that restaurant operations would occur after nightclub operations began. The alleged problematic issues are a result of nightclub operations occurring after 9:00 or 10:00 p.m., not a result of restaurant operations occurring prior to that time. The staff report continues to attempt to "make hay" of the fact that our clients advertise themselves as a nightclub. Our clients' business is a nightclub and a restaurant. Accordingly,. it is entitled to advertise itself as a nightclub to its nightclub clients and as a restaurant To ITS restaurantclients. We note with great interest LDM's efforts TO suggest our clients are only operating . as a nightclub. In this regard, LDm contacted our clients' business at 3:30 in The afternoon and was unable to make a reservation or speak with anybody. LTM fails to mention that this was a result of the fact no one was there! At 4:00 p.m., however, a live body was at the restaurant and would have been happy To take a dinner reservation. Indeed, on the night referenced in LDM's report, 10 tables were seated for dinner between 5:00 p.m. and 9:00 p.m - resulting in approximately 40 patrons having dinners that included lobster tail. While our clients continue to endeavor to increase the number of restaurant patrons, they are currently operating as an elegant, fine dining restaurant prior to 9:00/10:00 P.M-, and as a nightclub thereafter. The Staff report includes three postcard -type advertisements for The Platinum Club. Although no meaningful explanation for these ads is provided, the obvious implication is to suggest that the business operates only as a idghtclub, and not as a restaurant. The staff report again fails to recognize that the premises has been entitled to operate as a restaurant and as a nightclub. It is effectively a Slagle owner with Two separate and distinguishable businesses. The staff report coincidentally falls to include copies of the ads which have nin on a weekly basis since the last Planning Commission ihearing (and which ran on a weekly basis before that time) which advertise, our clients' restaurant operations. 3h4/020586-ODGI M55601 411/1-9100 MAJ ICKN RE Honorable Chairman and Members of the Planning Commission November 28, 2000 -Page 5 The staff report suggests the Planning Commission has the ability to modify the parking conditions. This is simply untrue. All abundance of case law exists which unequivocally holds that a vested right exists once a CUP has been granted. while the Planning Commission may have had The discretion To have required more parking when the CUP was granted, it would be an abuse of discretion and an unconstitutional taldn'l- of our clients' property rights if the Commission were to impose new or different conditions on our clients' premises Under circumstances such as these where our clients have complied with all conditions of the CUP. If the City feels additional parking is required for our clients' property, it only has two options: (1) to pra-yi_defh_tparking. for our clients; or (2) to ask our clients to voluntarily provide additional an d'-'-'— T provide parking themselves. To date, the City has made no indication of intent or desire 0 parking on behalf of our client. In contrast, our clients have voluntarily already secured overflow parking and continue to seek to voluntarily provide additional parking onsite through negotiations with the owner of The premises. IT, sum, our clients' business is operating as a restaurant and as a nightclub. Nothing in the CUP or the law requires that either operation be successful, or prohibits either operation from being successful. The existing parking complies with both the existing requirements of the development code, and the requirements of the CUP. It also complies with the requirements that might have existed if the City had applied more stringent parking requirement such as those the LDTM report suggests are "corm -non" for similar businesses. III, BUSINESS Q�CQENISE AND OCCQR�Cy While not relevant to the Planning Commission'!; review of this matter, because it is raised in the staff report, we would also like to summarize the status of our clients' 16 -month- long effort to obtain a business license. State law provides that the building official, 0fer01 the department, is responsible for determining occupancy limits. You will recall that (while conveniently omitted from your minutes) the City's building official stated this to be the case at the last Planning Commission hearing and expressed surprise (if not outrage) at the suggestion that The fire department was authorized to determine occupancy. The City Attorney now apparently believes that the Health & Safety Code allows the fire department To make this determination (although The statutory authority granted to the fire department in the Health & Safety Code does not relate to detemiinations of occupancy, and instead only relates To Issues such as egress and panic hardware). The staff report states that the building official and the fire department are collectively determining occupancy at this point. It took several weeks after The last Planning Commission meeting before a preliminary occupancy determination was made by the "collective City staff." At that meeting, it was Obvious that the fire department (not the building official) calculated The occupancy in question. These developments are perplexing since the building official calculated The occupancy several months ago in the presence of our 3S,410205W000I 136556.01 '411/.'.6/00 JIUV-40-WU VU; UOP111 r r um -mu i m4 114-q4V QV.. . V. . . -.11 — I — R OTAN g JCKERS A r I QKn ky- -T — H onorab1c Chairman and Members of the Planning Commission November 28, 2000 Page 6 clients, and the entire Building & Safety staff, and stated that The 650 -person -occupancy limit was a number that the City would "live and die by," VA-dle the various City departments and representatives scurry around artempting, to rewrite the law and create a new occupancy limit (with the lowest possible numbers They can justify), they have still failed to refer our clients' business license application to the Business License Commission, Our clients are incredibly frustrated with this situation, especially since the business license can be considered without regard To a new, revised occupancy number. In The..event a. -ne:W Lawful occupancy number, is arrived at, our clients will naturally have to comply es' -U-we To -work- -with- with it Without regard to the existence of the business ()a*61jefitsdan n the City's staff in an effort to resolve the occupancy issues despite their frustration over the inexplicable failure for the matter to have been referred to the Business License Commission at this time. We do respectfully request, however, that the Planning Commission exercise whatever oversight powers it may have to encourage or direct City staff to take a more positive and productive approach with the City's businesses (which generate the. taxes that allow the City staff to operate). If all businesses were put through a 16 -month, never-ending battle to obtain a business license, the City's business district would quickly become a blighted, boarded -up ghost town. while as a practical matter this may not occur since it would appear no other businesses are being -required to obtain business licenses by the City's staff, it is certainly not a result that is consistent With good planning practices, IV. �CONCLUSION The Platinum Restaurant and Nightclub has no legal obligation to provide more parking a than was approved by the existing CUparking Nevertheless, it has successfully resolved the arkino obtaining a court y * order ensuring the issues which were a concern to the Planning Commission b existence of 290 onsite parking spaces in addition To the 50 offsite spaces that exist. These numbers exceed the City's existing code requirements and the most stringent requirements imposed by other jurisdictions on similar land uses. To supplement this parking and ensure similar problems do not arise in the'furu:re, our clients have secured informal agreements for overflow parking and have made an offer to pay half of the cost of developing additional parking to be utilized by them and the hotel which exists on the premises. We firmly believe that these facts obviate the need for any further action by the Planning Commission and respectfully 384/0205864=1 13s:66 Ot a11128100 NUV-40-UU UU ::Jopfil r r um-Ku i hii 114 4"V 9.4J '. OTANI T Torn E Honorable Chairman and Members of the Planning Commission November 28, 2000 Page 7 request that you review and file the staff report and conclude your review of our Clients' CUP with no furiher action. very truly yours, RUTAN & TUCKER, LLP APM:caho Atich. 3W020586 -MI 138556.Ul IIP -&00 NUV-40-UU UP ; U 9 P111 r i wurny i mi Citv lRestaurants, drive-ins, cafes, nightclubs, taverns, lounges or other establishments for the sale and consumption on the ,premises of food and beverages. 10 minimum or 1 for each I Municipal Code Lake Forest i 1100 square feet of gross floor area (including outdoor serving areas) up to4,000 square feet, plus 1 for each 80 square feet of gross floor area over 4,000 square feet. !F-ntertainment Dance/night club. C)ne (1) space per three Wastminister patron seats, plus one (1 ) space per seventy five (75) square City Code Title 11 ;feet of gross floor area not containing seats - I Restaurants, cafes, nightclubs, bars and similar uses, I 16xclucling fast food restaurants One space for every 75 Municipal Code San Dimas (square feet of floor area, plus one space for every 25 square feet of dance floor area [Restaurants, taverns. Iounq6-s and ioner -establishments for me sate and consumption on .the premises of food and i beverages: one space for every one hundred square feet of I Municipal Rancho, Cucamonga 1 gross floor area up To six triousana.square feet plus one for leach acaitionai fifty-five square feet of gross floor area over !six thousand square feet. iPiaces of Assembly. For clubs, churches, funeral chapels, I :assembly halls, theaters, auditoriums, stadiums, and similar places of assembly, there shall be provided at least one I Montclair parKi, ing space on the same lot with, or the lot adjacent to, the Municipal Code main building for each six permanent seats in such building or i, structure, or at least one parking space on the same lot with, :or the lot adjacent to, the main building for each 100 square feet of floor area used for amusement or assembly, whichever I i requires the most parking spaces. 'Indoor entertainment- 1 space per 3 seats for movie theaters ;or 1 space per 75 square feet of usable floor area for other Municipal Code El Monte {uses where no fixed seating is provided (dance nails, clubs, etc-) Participating entertainment, dance nails and similar uses 1 for' Thousand Oaks !each 45 square feet of gross floor area in the activity area plus MunicipalCoce i I for each 250 square feet of other floor area !For dance halls, one parking space shall be provided for each one hundred (100) square feet of floor area or fraction thereofMunicipal Code Bellflower i For restaurant or bone fide eating establishment naving a ;Type 41 or 47 License, one parking space shall be provided jfar each three hundred (300) square feet of gross floor area. !Restaurants, bars, and nightclubs: one space for each three Municipal Code Brentwood .seats plus one space for each fifty square feet of floor ! used for dancing or other assembly uses; NOV-18-00 05:58PM From—RUTAN 1-4(b V.[U/IU r -COU -_ I FEntertainment, including bar, cocktail lounge and night club 1 1 Laguna Beach space for each 100 square feet of gross floor area, including j Municipal Code outdoor serving area. lRestaur-ants, drive-ins, cafes, nightclubs, taverns, lounges or other establisnments for the sale and consumption on the Orange County premises of food and beverages. 10 minimum or 1 for each 100 square feet of gross floor area (including outdoor serving Mu I nicipal Code areas) up to4,00o square feet, plus 1 for eacri 80 square feet of gross floor area over 4,000 square feet. SALES DRAFT PLATINUM RESTAURANT I NIGHT CLUB 245 GENTLE SPRINGS LANE DIAMOND BAR, CA 91765- 909-396-8810 4301322135371827 TID :43613221353718200000002 GATE : 11/10/00 01:47:05 PM FRI ACCT VI EXP : 01/03 , BATCH: 43 NAME IRAN N : 0233 AMOUNT : $42.56 F. TOTAL I I ----- I--{ ------- I AGREE 1O PAY ABOVE AMOUNT _•j ACCORDING TO CARD AGREEMENT ' go- J --J- -d-2-o-am,- THANK YOU, PLEASE COME AGAIN. APPROVAL: 520330 TIP ASSISI: 151 = $6.38 18t $1.66 201 = $8.51 SALES DRAF1 PLATINUM RESTAURANT I NIGHT CLUB 245 GENTLE SPRINGS LANE DIAMOND BAR, CA 91765- : 909-396-8810 4301322135371827 TID :43013221353718200000802 DATE : 11/10/00 08:22:50 PM FRI ACCT allillow VI EXP :07/02 BATCH: 43 NAME IRAN N ; 0234 AMOUNT $92.54 TIP ------l0 ----- G ' TOTAL I------------- --- I AGREE TO PAY ABOVE AMOUNT ACCORDING TO CARD AGREEMENT X--- -------- - THANK YOU. PLEASE COME AGAIN. APPROVAL: 301358 TIP ASSIST: 151 : $13.88 18% = $16.66 20% = $18.51 SALES 0RAr� PLATINUM RESTAURANT b NIGHT CLUB 245 GENTLE SPRINGS LANE DIAMOND BAR, CA 91765- 909-396-8018 4301322135371827 TID :43013221353718200000002 DATE : 11/10/00 10:12:16 PH FRI ACCT : VI EXP :06/81 BATCH: 43 NAME IRAN N 1.0235 AMOUNT $136.07 TIP I------- TOTAL------------- I AGREE TO PAY ABOVE AMOUNT ACCORDING TO CARD AGREED THANK YOU. (� PLEASE COME HPPROVAL: 532766 TIP ASSIST: 15X -- 120.41 18X = $24.49 26% = $27.21 DATE SERVER TABLE NO. GUESTS CHECK NUMBER 07835 CHECK NUMBER 07832 ` 5 a 3 3 4 4 5 5 6 6 17 7 8 1 9 9 10 10 11 11 TOTAL FROM REVERSE SIDE /1 TAX TAX TOTAL ""� rZ GUEST ST G ECOPTi DATE SERVER I TABLE NO. P A[IWm 947 07835 CHECK NO. 3 TOS AMOUNT OF CHECK L�1 1'r , SERVER TABLE NO. GUESTS CHECK NUMBER 07832 a 3 4 5 6 7 8 9 10 11 TOTAL FROM REVERSE SIDE !? TAX I TOTALl' 1= C c GUEST REE PT 07832 CHECK NO. DATE SERVER TABLE NO. PERSONS TOTAL AMOUNT OF CHECK rjAckvm 947 ,DATE SERVER ,SERVER TABLE NO, TABLE NO. GUESTS GUESTS CHECK NUMBER 07833 El::� 2 V 2 �C) 3 4a --------------- awn 5 6 7 8 9 10 11 TAX TOTAL To TAL FROM REVERSE SIDE i J cs TAX TOTALl GUEST RECEIPT 07833CHECK NO. TOTA DATE SERVER TABLE NO. AMOUNT OF CHECK MAdams 947 DATE SERVER TABLE NO. GUESTS CHECK NUMBER 07825 A --I q 2 3 4 6 7 8 9 10 11 TOTAL FROM REVERSE SIDE TAX TOTAL GUEST RECEIPT 07825 CHECK NO. DATE I SERVER I TABLE No. PERSONS TOTAL AMOUNT OF CHER MAdatm947 TOTALFROM REVERSE SIDE `t TAX TGIAL QUEST RECOPT 07828 CHECK NO. DATE SERVER TABLE NO. PERSONS TOTAL AMOUNT OF CHECK D r DRRVER SERVER TABLE NO. T=IGUESTSCHECK CHECK NUMBER 07824 NUMBER 07828 6 7 8 9 10 i1 %11 ^ I` C153 10 CSC ct ANS) W./O 4 5 6 7 TOTALFROM REVERSE SIDE `t TAX TGIAL QUEST RECOPT 07828 CHECK NO. DATE SERVER TABLE NO. PERSONS TOTAL AMOUNT OF CHECK D r TE SERVER TABLE NO. GUESTS CHECK NUMBER 07824 %11 ^ I` 2 ct ANS) 4 5 6 7 8 9 10 11 TOTAL FROM REVERSE SIDE TAX �j TOTAL I ZAs,2) ts, (GUEST RECOPT 07824 CHECK NO. DATE SERVER I TABLE NO. PERSOW TOTAL AMOUNT OF CHECK MAdam m, DATE SERVER TABLE NO. QUESTS CHECK NUMBER 07964 rl J 2 bi 3 a 5 6 7 s 9 1.0 j.i rr TOTAL- ��� ;0 REVERSEPIDE TAX) " TOTAL ?�!�, JAG . QUEST RECOPT 07964 CHECK NO. DATE I SERVER TABLE NO. PERSONS TOTAL AMOUNT OF CHECK DA DAT SERVER TABLE N STS CHECK NUMBER 07525. UJ V-) C15 00 �5 00 0� m 4 5 6 Tana,q lbai. N Ad It 8 9 �A C 4� bft 10 11 TOTAL FROM REVERSE SIDE TAX TOTAL if, GUEST RECEPT. 0-7782 DATE I SERVER I TABLE No. I PERSONS TOTAL 1S610UNT OE CHECK . rjAdam 947 � .r ' �jr' i' t •a51 ''+ n, t'L•!•`yl -ill � - ^.:.,^'�•^"�_"�..5 . - •,;� • .�:si.�-.�t��.i"iii �.• - '•ai''"'. � =-v: �% r�+ � :, wtr ;(equal or One coupon Pei' person. 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S6'ST 4x)u U2 pe"q We pstq®kt ua n ssooga 8PM=DW Pug Wail 1111m Puna Mom awlsuog S6'6T r n;yff' u°puOJ uap.W Rsoetp 0s "Pum uoptom pauostss mm Paldal pun P. -.4 usno 569 a'no Uquo f suomw» 7 simoW unmoM'MttasaD,xssa Yws passRi'anlMl supuat &W -M&M USMOM MOMtR4O -.-----_ . _... p°1 vSlasmJ uayrrpp san4al uw► uo sbOs vrNos� PM. tiRoiRtwi PalP'sesmtq sniq pspusw 'UMPILP Pogna uo Rq dsu� _ S6'STf r�narn' cn»rn�' P°JtiS99°J :josuodvI • :1 t oi s3luvViIMaadg •, • ,. � rl 4;1 � Y,, r " Sl+l r. riff F 1 + Jeffrey L Melczer Attorney at Law 55 S. Raymond Ave., Suite 300 Alhambra, CA 91801-7105 Tek 626/576-1577 Fax: 626128 1-1 890 NOvembel 27, 2000 VIA PAX! City of Dialitond Bia-r Planning C-01rutlission 21660 E. Copley Dr., Suite 190 Diamond Rar, CA 91744,-4177 Re: Platinum r<?-�,f,�urvf)t conditional Use. Peraiit No. 99-4 Dear Gentio-people: Thio office ropresenL., f -"X Dj-,**,001] Bur, the land."Lord of the PlaLj.1)U1VL Restaurant T h -:1 s 1 rater i s sent tO the Planning conunission for c-.iE Lhe..ir roaring regarding Platinum Resta,,UrcanL on Nc.)vembex �?8, 2000. Wien SX sicjnrcl the lease for 1.he restatirant with Platinum, the lease stated that the premises w(--)ijld be use(-] by Platiriam for "fine dining, banquet and general har u�vc." 'T'her'e: was 110 statement in the lease t:hat the premises would bL, use -d as a night club_ Thereis a total of 276 parkirlq SPaCe!-*. In the' lot: Lor the use of the motel and the resLaurant.. There were, no discussions regarding use of the parking when Lha lease was signed in May 1999. It Wa.5 SX'ti aSSUMPtiOn Lh6t PIFLI-il`UITI, like the previous tenants, wouid use its fair share of the varklriq spaces and that there woijl.d be adequate part inq spaces *,'or t.hc rest.Faurant and Lhe motel. The Condit"'!onal Osc Permit Application, which SX signed in June 1999, conforms with 01(-; LIIICIH.'r3tanding thi-at Platinum *would only require less than halt the tOL-r1l park.ing spaces i;i the lot. The Applirat.ion speci-Lically there Is a tc-)*.al of. 103 parking spaces required by Flar.iXILUT1. PliaLinUm rPpre!s(-111Le.(J to the Planning staf.f" that it was to be,a 1-jigh end roStal.irarlL ancl thal. approximately 60�t- of its revenue was tc be derived from food su,rvi.ce. At this time-, iL appears that YlaLinum is primarily Fa niqht club. SX doubts that Platinum derives anything like') 60',' n . f its revenue from food ServiCe. City Of Diamond Har Planning Commis SiC)I-1 November 27, 2000 Page 2 During the first Uiree Platinum' appear,=d Lo conform to problems wilt) parking or noije. months of rlat.inum's- exisLLI-IlCe, proposed use. There were no Then, in approximately F)ecembrar 1999 ttlirigs changed. Platinum turned into a nightclub with dancing and DJ's acivertising heavily on the radio. . AL first, LftiS (.-hange was not a prableIzt for t,he motel. There wa-s va-l-e-L- pa-r-ki-n-g. Ade qua -t -c parkin -g was. razjarv.e.d. frar the mot-ral guests. Noise was riot a problem. . Then, in approximately April 2000, there Was another change. Platinum stopped the valet parking and instead encouraged its customers Lo use any and all available spaces i.n the parking lot. This did create probloms for the motel. Tho parking probl.em was resolved by an informal agrpentuliL Chat two 1700..; of parking would be reserved for motel customers. There wasr I ,11.5o Fi noise prc. )biem which -ontinups to this date. Shortly before 2:00 a.m. when the nighL club Lho hundreds of people in the club pour 011L into the, parking lot. They are noisy. They set off t,heir car. alaritts. The turn on their car stereos to maxilijultj volume. This does create a problem for motel guests. While Platinum does, at times, appear Lo try to control the noise level. of its gu(,,sts, iLs c- forts are inconsistent. No one at the moLci can amici}' ato from we-ok to we.ok what the I-Inise level at 2:00 a.m. on i'riclay and ,3aturday niqhtsr- This is compleLely unfair Lc tlie mot -Fl a!ld its qUCst5- On October ',O, 2000, tJje mot.pi set up formal barriers to p-revent Plat i-nru-m -fr-enj I -r) spac.ews tha-t the mo -L-0-1 believes it is entitled to. An a result;. Of that, Platinum filed a lawsuit and ob-tained a.prpliininary iiijunction preventing the motel from reserving any of the parking spaces. That, case is pending and being fought. vigorously by Sx. City of Diamond Bar,- Planninq conuniq.si.cjj November 21, 2000 Paqe 3 JEFF L. JLM: I f CC: SX Diamond Bar - via fay. MELCZER Jeffrey L. Melczer. Aftmey at Law 55 S. Raymond, Suite 300 Alhambra, CA 91801-7105 Tel: 6261576-1577 Fax 5281281-1890 CITY OF DIAMOND BAR PLANNING COMMISSION TO., TE=COPIZR NO.: 1 (909) 861-3.117 OS LIZ FORTINI CC) PLATINUM RESTAURANT COND,USE PERMIT NO. 99-4 SUBYECT: 65, DATI CD The following document(s) are being transmitted to you and consists of 4 pages, including this cover page: PLEASE DELIVER TO THE PLANNING COMMISSION (2) UPON RECEIPT. THANK YOU. (4) XI , IF YOU HAVE ANY PROBLEMS WITH THE CLARITY OR IN RECEIVING THESE DOCUMENTS THROUGH YOUR TELECOPIER, PLEASE CONTACT THE UNDERSIGNED AT THE ABOVE TELEPHONE NUMBER. THANK YOU. V 2Z AON 00 - ON 1,4 Nov 23 00 02:35p P.2 (fonntg of 'foo Angelro jrsberitig �e}rartment �jesbqunrier�c : � 4700 Famontt Noutebarb Amitereg INA. Onlifornin 9tT1.14.2169 LE110Y96VM -d fA,F10W Joseph DangerGeld, Supervisor Los Angeles County Treasurer t Tax Collector Business License Section 500 W. Temple Street Room 490 Los Angeles, California 90012 RECISSION OF APPROVAL FOR APPLICATION # 124686 Dear Mr. Dangerfield, The purpose of this letter is to notify your office that the Sheriff's Department is rescinding its approval of application # 124686 in its entirety. The business, known as' Nlatinum Restaurant and Nightclub", as owned by Platinum Financial Systems, Inc., located at 245 Gentle Springs Tarte, Diamond Bar, has become the subject of our increasing concern for public safety. The Shcrifi's Department will continue our review ofthe application and make a recommendation in the future. If you have any questions regarding this matter, please contact Investigator Tend McLaughlin at (562) 946-7230. Sincerely, 119 K49r,.-- Robert J. Malone, Captain Major Crimes Bureau oo: Captain Alex Yim, Walnut Station Lieutenant Mike Walker, Walnut Station 2 ,7,raoflion of &rvice `08 ANGELES COUNTY snrRirr DEPART"ENT DIA"OND BAR / WALNUT STATION DIA"OND BAR SERVICE CENTER (909) 396-1783 TO: -f%WL 14 rc,IL T.- - Z'-> FAX; (Z0Z)3,76-7V6 FROM: rt�oivA rew, y FAX: 7.3cU NUMBER OF PAGES INCLUDING FACE PAGE o co kf If, .F ec�c� A Il ��isa1oF x y.r;.. V1Gt', Y''f` 6'Y' :O y '�Y_ `J�+Itt :` �j (rfly� r�'r _ :,u�!`✓,F.� . ' A-Tllll��-4um r f 1N FUVAAI16) 11141: bla 'Wins L���t _ Q�► Mo��� �,qH C� ��»�� __ 909-396BJ }. 7, a � t i�ys c -f,{,. � r 4 ! f� i��t37`�� t���� ` t r•� �r r n� .n� ' �a1� � ,tj+�"t- rt• t iY ` ( �' Ft� \ �`�• ' l s � ,j y>: fit', � r �' ; -••�.._ ' r i t a., . `7ry'1 , . bMLl �, +td L ^ter 'tr ,0...y r~ `�' � �'y � f ��� �7 -• (`f , �� '-- \� � _. � r ��/ t�f; mow- r ! 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