Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04/8/2008
PLANNING FILE COPY COMMISSION AGENDA April 8, 2008 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner Steve Nelson Tony Torng Kwang Ho Lee Kathleen Nolan Jack Shah Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. In an effort to comply with the requirements of Title I/ of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. rICdJC IC/ldlll HUI11 SI110KIng, eaung or the City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to 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 Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info( ci diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, April 8, 2008 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2008-11 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice -Chairman Tony Torng, Kwang Ho Lee, Kathy Nolan, Jack Shah 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 voluntarv.) There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: March 25, 2008. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 Development Review No. 2006-07 and Minor Conditional Use Permit No. 2006-03 - Under the authority of Development Code Section 22.66, the applicant is requesting approval of a one-year extension of time to the Planning Commission's original approval of an 829 square -foot addition to an existing dwelling. The initial deadline for commencing construction of this project was March 28, 2008. Project Address: 2605 Rising Star Drive Property Owner: Steven & Luzmaria Babbitt Applicant: 2605 Rising Star Drive Diamond Bar, CA 91765 APRIL 8, 2008 PAGE 2 PLANNING COMMISSION AGENDA Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301(e) of the CEQA Guidelines (addition to an existing structure of less than 10,000). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2006-07 and Minor Conditional Use Permit No. 2006-03, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Development Review No 2008-431Minor Conditional Use Permit No. 2008-03 - Under the authority of Development Code Sections 22.48, 22.42.080 and 22.10. -Table 2-5, the applicant is requesting approval of architectural and landscape plans to remodel and make exterior improvements to an existing restaurant building. In addition, the applicant is requesting approval of a Minor Conditional Use Permit for the sale and on-site consumption of alcohol beverages in connection with a restaurant and to construct an outdoor patio area. Project Address: 23525 Palomino Drive Property Owner/ AP Diamond Bar, LLC 310 Golden Shore, #300 Long Beach, CA 90802 Applicant: JS Foods, LLC 1320 Johnson Drive City of Industry, CA 91745 Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301(a) and (e) of the CEQA Guidelines (minor alterations to an existing structure, involving negligible or no expansion of a pre- existing use). Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2008-43 and Minor Conditional Use Permit No. 2008-03, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. APRIL 8, 2008 LA a PAGE 3 PLANNING COMMISSION AGENDA 7.3 Conditional Use Permit No. 2008-02 — Under the authority of Development Code Sections 22.58, and 22.42, the applicant is requesting approval of a Conditional Use Permit (CUP) to operate an art studio within a lease space of 1,600 square feet in an existing center zoned C-1 (Neighborhood Commercial). Project Address: 3209 Brea Canyon Road, Suite B, C Property Owner: Aaron Raphael 12400 Ventura Blvd, #238 Studio City, CA 91604 Applicant: Soo Kim 2729 Saturn Street #A Brea, CA 92821 Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301(a) of the CEQA Guidelines (minor interior alterations to an existing structure). Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Moratorium — Issuance of Permits for Establishment of Amusement. Entertainment and Other Specified Congregation Uses 9.2 Public Hearing dates for future projects. 10. SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: CITY COUNCIL MEETING: Thursday, April 10, 2008 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, April 15, 2008 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive APRIL 8, 2008 11. PAGE 4 PLANNING COMMISSION AGENDA City's 19th Birthday Party: Saturday, April 19, 2008 Pantera Park 738 Pantera Park PLANNING COMMISSION Tuesday, April 22, 2008 — 7:00 p.m. MEETING: Government Center/SCAQMD Auditorium 21865 Copley Drive PARKS AND RECREATION Thursday, April 24, 2008 COMMISSION MEETING: Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive ADJOURNMENT: DRAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 25, 2008 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Vice Chairman Tony Torng and Chairman Steve Nelson. Absent: Commissioner Jack Shah Also present: Greg Gubman, Planning Manager; Ann Lungu, Associate Planner; David Alvarez, Planning Technician; Anthony Santos, Management Analyst; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. 5 CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of March 11, 2008. VC/Torng moved, C/Nolan seconded to approve the March 11, 2008, Minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS OLD BUSINESS: None 6. NEW BUSINESS: None VC/Torng, Nolan, Lee, Chair/Nelson None Shah I� ®RAFT MARCH 25, 2008 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARINGS: 7.1 Development Review No 2007-13 and Minor Conditional Use Permit No. 2007-08 — Under the authority of Development Code Sections 22.48 and 22.56, the applicant requested approval for a 4,026 square foot livable addition to an existing 4,035 square foot single family residence on an existing 85,985 square foot lot, R140,000 zoned parcel with a consistent underlying General Plan Land Use designation of Rural Residential (RR) and Minor Conditional Use Permit for the continuation of a nonconforming front yard setback. (Continued from February 12, 2008) PROJECT ADDRESS: 22909 Lazy Trail Road Diamond Bar, CA 91765 PROPERTY OWNER APPLICANT: Ankur Shah 22909 Lazy Trail Road Diamond Bar, CA 91765 Dale Thompson B & D Construction 1472 Avenida Loma Vista San Dimas, CA 91773 PM/Gubman presented staff's report and recommended that the Planning Commission continue the matter to a date uncertain. C/Nolan moved, C/Lee seconded, to continue Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08 to a future meeting date to be determined. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, VC/Tomg, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Shah 8. PUBLIC HEARINGS: 8.1 Development Review No 2008-41 and Minor Conditional Use Permit No. 2008-19 — Under the authority of Development Code Sections 22.48, 22.56 and 22.68, the applicant requested approval for a one-story addition of approximately 905 square feet to an existing one-story residence of MARCH 25, 2008 PAGE 3 PLANNING COMMISSION approximately 1300 square feet with a two -car garage. The Minor Conditional Use Permit is required to maintain the existing nonconforming side yard setbacks. PROJECT ADDRESS: 2830 Castle Rock Road (Tract 25985, Lot 41; APN: 8285-016-003) PROPERTY OWNER/ Richard Kwon APPLICANT: 2830 Castle Rock Road Diamond Bar, CA 91765 AssocP/Lungu presented staffs report and recommended Planning Commission approval of Development Review No. 2008-41, Minor Conditional Use Permit No. 2008-19, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. AssocP/Lungu called attention to an email staff received at 5:28 p.m. today from Jean Devito, 21240 Silver Cloud Drive, who asked to go on record in opposition to the proposed addition because she believed it would damage the integrity of the tract and set a precedent for future second story additions. AssocP/Lungu responded to VC/Torng that the project was a one-story home with a proposed one-story, i.e., ground floor addition, therefore, will remain a single story home. The addition amounts to approximately 905 square feet and is consistent with the neighborhood. Also, the addition will not exceed the current height of the existing home. VC/Torng said he drove by the project site and said the posted notice was not clearly visible with respect to the public hearing process. Chair/Nelson opened the public hearing. Mr. Kwon said that the addition was approximately 600 square feet and that 300 square feet of the total involved the conversion of the current garage to livable area. Chair/Nelson closed the public hearing. PM/Gubman responded to C/Nolan that the front setback would be reduced but was still in conformance with the City's front yard setback requirements. MARCH 25, 2008 PAGE 4 C DRA1;T PLANNING COMMISSION C/Lee moved, C/Nolan seconded to approve Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08, based on Findings of Fact, and subject to conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: Chair/Nelson said that with the proposed addition, the total square footage would be one of the largest within the tract but could hardly be called 11 mansion ization. It is very important to this Commission and the City for it to retain its families and encourage them to upgrade their properties as long as the property remains within the City's codes and do not render any undue hardships on neighboring properties. AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT COMMISSIONERS: Lee, Nolan, VC/Tomg, Chair/Nelson None Shah 8.2 Conditional Use Permit No. 2008-03 — Under the authority of Development Code Section 22.08.030, the YMCA requested a Conditional Use Permit to continue using Diamond Bar Hills Club as a recreational facility. PROJECT ADDRESS: 1673 Maple Hill Road (Tract 23840, Lot 148; APN 8293-018-008) Diamond Bar, CA 91765 PROPERTY OWNER: Diamond Bar Hills Club 1673 Maple Hill Road Diamond Bar, CA 91765 APPLICANT: YMCA of Pomona Valley 350 N. Garey Pomona, CA 91767 PT/Alvarez presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2008-03, based on Findings of Fact, and conditions of approval as listed within the resolution. VC/Torng said he drove by the site. Chair/Nelson opened the public hearing. MARCH 25, 2008 PAGE 5 - -- PLANNING COMMISSION Teresa Barerra, Board of Directors Member, Diamond Bar Hills Club; Raj Luhar, President, Board of Directors, Diamond Bar Hills Club, clarified that the club does not belong to the HOA. Ms. Barerra said that unlike other swim clubs, this club was established as a non-profit organization in the 1970's and is totally supported by membership dues. With declining membership, the Hills Club finds itself on the verge of bankruptcy. As such, the board is unable to continue to operate the club, a club that has strived to maintain this valuable community asset. The club contacted both the City of Diamond Bar and the Walnut Valley Unified School District intending to donate the facility and dissolve the club. Neither entity was interested in acquiring the club so the board approached the YMCA, requesting that they keep it as a swim club and continue the community asset. Mr. Luhar said that all options have been exhausted and the club is without funds. The board has continued with its mission to maintain the character of the neighborhood and what the club provides. The YMCA has presented the best alternative to offering a charitable donation and allowing the facility to continue operating. Victor Valenzon wanted to know if the YMCA was open to membership for all residents of neighboring cities such as Walnut, Chino Hills and Pomona. Gabriel Torres, 1662 Maple Hill Road, said he lived next door to the swim club and wanted to know what zone the club is in. He said he would be in favor of the YMCA having the club if they kept the club "as is" to benefit the neighborhood. However, if the YMCA wanted to improve the facility and make it better he would want to know what that would entail because he lives next door to the club. Jay Horton, 1602 Maple Hill Road, said he and his wife Carol have been members of and supported the club since 1981. He said he was present to support the project because he felt it offered tremendous benefit to the neighborhood. The cost is economical and the club is convenient. He hoped the Commission would support the YMCA to continue this facility. Richard Coon, 1714 Aspen Grove, behind the Hills Club asked if the YMCA intended to continue renting out the facility for parties; if it is rented where will people park because parking up the hill is dangerous; how can the YMCA pay for the facility without raising the fee — Maple Hill is already very congested and, does the YMCA plan to have swim lessons at 6:00 a.m. and use a bullhorn. He believes the facility is good for the neighborhood but MARCH 25, 2008 PAGE 6 PLANNING COMMISSION because so many people now have swimming pools there will be less participation. Jane Taylor, CEO, Pomona Valley YMCA, with services extending to the Diamond Bar/Walnut and Pomona areas and Christopher Olberg, Chairman, YMCA Board of Directors were present. Ms. Taylor responded to previous speakers that the YMCA cannot restrict its membership. There is a YMCA with a pool in Chino Hills and a YMCA in Covina and West Covina so it is expected that residents of those cities would visit their community facilities. The YMCA plans to continue the same type of swimming lessons and keep the same practice times as well as continue the fitness classes. The YMCA plans to continue with the same type of use. The main building will no longer be rented for parties. There may be birthday parties for kids using the pool, but the Sunset Crossing location will continue to rent their facility for parties. Ms. Taylor said she did not foresee parking problems beyond what had been experienced in the past. With respect to the economic aspects, the YMCA carries a $2 million General Liability policy and it will cost the YMCA only $200 per month to add the Hills Club facility whereas the Hills Club was paying almost $1000 per month for its liability. There are many other expenses incurred by the Hills Club that would be absorbed by the association with little of any added burden to the current bookkeeping department, etc. Ms. Taylor said that the YMCA would continue with the swim team practice and that there would be no 6:00 a.m. bullhorns. If there are Saturday morning swimming lessons there would be five or six kids with two instructors and there would be no need for bullhorn use. Ms. Barerra explained that the club had members from surrounding cities. C/Nolan asked if current members wanted to remain members could they do so and Ms. Barerra stated that they surely would for a couple of reasons. The clubhouse will be converted to a fitness center to provide additional services to members. Also, whereas the club offered only annual memberships, the YMCA offers monthly, quarterly and other membership structures which could make it less expensive for individuals to join the YMCA. Mr. Olberg said he planned to put in some treadmill bicycle steppers, and offer cardiovascular training as well as yoga and pilates. The emphasis will be for seniors to use the facility during the day. The YMCA wants a safe place for kids and families. Chair/Nelson closed the public hearing. 'l rw a cm! MARCH 25, 2008 PAGE 7 PLANNING COMMISSION C/Nolan said she was pleased about what appeared to be a fairly smooth transition and pleased that activities would not be taken away from the Sunset Crossing location. C/Nolan moved, VC/Torng seconded, to approve Conditional Use Permit No. 2008-03, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Lee said he favored the proposal. Chair/Nelson said he had been a Diamond Bar resident since 1977, that both of his daughters learned to swim at the Hills Club, one of his daughters was an instructor and lifeguard at the Hills Club, and during the summers his family would meet others there for barbecues after work. It really is everything that the supporters have stated and he is very happy to learn that the YMCA's involvement will sustain the economic viability of the facility into the future. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT COMMISSIONERS: Shah 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007 — 03 —Minor changes to Panda Express Building within the Target Center — Received and Filed. PM/Gubman reported that Panda Express will not be occupying one of the three -units in the building adjacent to the Target Center. Instead, the space will be occupied by a Korean bank branch. The exterior of the building will be minimally altered and he assured the Commission through renderings that the changes would not affect the character of the building as approved by the Planning Commission. PM/Gubman responded to VC/Torng that the Commission approved a change to the drive-through land from 12 feet to 11 feet in 2007. The MRF- MARCH 25, 2008 PAGE 8 ;rJ AITANNING COMMISSION rendering shows the design before the amendment was approved by the Commission. Another version shows the reconfiguration approved by the Commission in 2007. 10.2 Public Hearing dates for future projects. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 7:56 p.m. Attest: Respectfully Submitted, Greg Gubman, Planning Manager Steve Nelson Chairman PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765 --TEL (909) 839-7030—FAX (909) 861-3117—wvxw.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: April 8, 2008 CASE/FILE NUMBER: Development Review No. DR 2006-07(1) & Minor Conditional Use Permit No. 2006-03(1) PROJECT LOCATION: 2605 Rising Star Drive Diamond Bar, CA 91765 APPLICATION REQUEST: A one-year extension of time of the Planning Commission's 2006 approval of an 829 square -foot addition to an existing dwelling. The initial deadline for commencing construction was March 28, 2008. PROPERTY OWNERS: Steven & Luzmaria Babbitt 2605 Rising Star Drive Diamond Bar, CA 91765 APPLICANTS: Steven & Luzmaria Babbitt 2605 Rising Star Drive Diamond Bar, CA 91765 STAFF RECOMMENDATION: Conditionally Approve BACKGROUND: The applicants owners are requesting approval of a one year extension of time for Development Review No. 2006-07 and Minor Conditional Use Permit No. 2006-03. The Planning Commission approved this project on March 28, 2006 via Resolution 2006-12. The resolution provides two years for the applicant to begin construction before the Planning Commission approval expires. The approved project allows the addition of an 829 square -foot first and second floor addition to an existing 1,280 livable square foot one-story single-family dwelling, and the continuation of the nonconforming side yard setback. ANALYSIS: A. Review Authority (DBMC § 22.66) An extension of time may be granted up to a maximum of one year. However, the applicants must submit a request in writing 30 days prior to the expiration date. Since the applicant will not be able to start construction before the Planning Commission expires, the applicant submitted a request for an extension of time to the City. As a result, the project has a "hold" status until the extension of time is processed. The extension of time request does not change the approved project in any way. The conditions of approval set forth in Planning Commission Resolution No. 2006- 12 will not change with the approval of an extension of time. B. Project Process Status The applicants have completed the Public Works and Building & Safety Division plan check process. At this time, the applicants anticipate starting working on June. Because the applicants have demonstrated thatthey need more time, staff supports the applicants' request for a one year extension of time. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301(e) of the CEQA Guidelines (additions of less than 10,000 square feet to existing structures). Page 2 Development Review 2006-07 (1) & Minor Conditional Use Permit No. 2006-03(1) NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. RECOMMENDATION: Staff recommends that the Planning Commission approve a one year extension of time for Development Review No. 2006-07 (1), and Minor Conditional Use Permit No. 2006-03 (1) Findings of Fact, conditions of approval, and Standard Conditions as listed within the attached resolution. David ATVaTV— Planning Techni an Reviewe Greg Gubman, AICP Planning Manager Attachments: 1. Draft Resolution; 2. Planning Commission Resolution No. 2006-12; 3. Correspondence from property owner; 4. Exhibit "A"- site plan, floor plans, roof plan, elevations, and sections. Page 3 Development Review 2006-07 (1) & Minor Conditional Use Permit No. 2006-03(1) PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR PLANNING COMMISSION APPROVING A ONE YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW 2006-07(1) AND MINOR CONDITIONAL USE PERMIT 2006-03(1) AUTHORIZING AN ADDITION OF 829 SQUARE -FOOT ADDITION TO AN EXISTING DWELLING. THE PROJECT SITE IS LOCATED AT 2605 RISING STAR DRIVE (LOT 9, TRACT 25990), DIAMOND BAR, CALIFORNIA. A. RECITALS Property owners, Steven and Luzmaria Babbitt filed an application requesting a one year extension of the time to exercise the entitlement approved with Planning Commission Resolution No. 2006-12. The extension of time is from March 28, 2008, to March 28, 2008. 2. Public hearing notices were mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. 3. On April 8, 2008, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission finds that the subject project was determined to be categorically exempt from the provisions of the California Environmental Quality Act (CEQA) and that a request for an extension of time to begin construction does not require additional environmental review. 3. There have been no changes to the provision of the General Plan, any applicable specific plan, this Title, or the Development Code applicable to the project since the approval of the project. 4. The applicants have proceeded in good faith and has exercised due diligence in seeking to establish the entitlement. The applicants have completed the Public Works and Building & Safety Division plan check process. At this time, the applicants anticipate starting working on June 2008. Because the applicants have demonstrated that they need more time, staff supports the applicants' request for a one year extension of time. 4. Based upon the information provided including written and oral staff reports, the contents of Planning Commission Resolution No. 2006-12, and together with public testimony, this Planning Commission hereby finds and concludes that there is sufficient reason to approve a one year extension subject to the following conditions: (a) The project shall substantially conform to Development Review No. 2006-07 and Minor Conditional Use Permit No. 2006-03 approved via Planning Commission Resolution No. 2006-12; and Exhibit "A" as submitted and approved by the Planning Commission on March 28, 2006, and as amended herein. (b) All conditions of approval for Development Review No. 2006-07 and Minor Conditional Use Permit No. 2006-03 under Planning Commission Resolution No. 2006-12 shall remain in full force and effect except as amended herein. (c) This extension of time, Development Review No. 2006-07(1) and Minor Conditional Use Permit No. 2006-03(1) is valid for one year and shall be exercised (i.e., obtain a building permit with continuous on- site construction activity including pouring of foundation, installation of utilities and other substantial improvements has commenced) within that period or this approval shall expire on March 28, 2009. (d) This approval shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed with the City of Diamond Bar Community and Development Services Department, within fifteen (15) days of this approval, their affidavit stating that they are aware of and agree to accept all the conditions of this Resolution. Further, this approval shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. 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 Steven and Luzmaria Babbitt, 2605 Rising Star Drive, Diamond Bar, CA 91765 2 Planning Commission Resolution No. 2006-39 APPROVED AND ADOPTED THIS 8th DAY OF APRIL 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Steve Nelson, Vice Chairman I, Greg Gubman, 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 8th day of April 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 3 Planning Commission Resolution No. 2006-39 February 27, 2008 Property: 2605 Rising Star Dr. Diamond Bar, California 91765 To Whom It May Concern: I would like to request an extension on the city approval. I got permits ready to start building, and will be pouring the foundations in June. I will comply with all previous standards. Thank you Steve Babbitt D d � N T X p N T co w 9s a 1a # fill m " a 01 cc rn a ;s �a a Isa�a 21 a: �l1ZIa ME No' zY-�q ri 9kaiI fill g 9 s E w3 O I P R D P 0 S E D A D D I T I O N F O R T H E mj M/M STEVEN and LUZMARIA BABBITT D> C77 rr���O E zoos n a nc sr.e oa. u >�ozs e.R ca 8� r z 2605 RISING STAR DR.N Or! C7 P R O P 0 5 E D A D D I T T O N F O R T H E __- ' a M/M STEVEN and LUZMARIA BABBITT mH - O�' 3505 R191YD Si.R DN. DI.YDND - 4g - y2605 RISING STAR DR. -= - r Z r,N E ill M - a Li 3 ow Or! C7 P R O P 0 5 E D A D D I T T O N F O R T H E __- ' a M/M STEVEN and LUZMARIA BABBITT mH - O�' 3505 R191YD Si.R DN. DI.YDND - 4g - y2605 RISING STAR DR. -= - r Z r,N P R 0 P 0 S E D A D D 1 T 1 0 N F O R T H E _= M/M STEVEN and LUZMARIA BABBITT =' W 2605 RISING STAR DR. wN P R O P O S E D A D D I T 1 0 N F O R T R E x M/M STEVEN and LUZMARIA BABBITT m' mO f ] 2605 RIRI NG 3 T A R DR. RIA R 0 ND RAR r 2605 RISING STAR DR. �v Page 1 of 1 PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER: APPLICANTS: STAFF RECOMMENDATION: 7.2 April 8, 2008 Development Review No. 2008-43 and Minor Conditional Use Permit No. 2008- 03 23525 Palomino Drive (AP N : 8281-024-053) Under the authority of the Development Code Sections 22.48, 22.42, 22.10, the applicant is requesting approval to remodel an existing 5,200 square -foot restaurant building and make exterior improvements including an outdoor patio area and serve alcoholic beverages for on-site consumption. AP Diamond Bar, LLC 310 Golden Shore, #300 Long Beach, CA 90802 JS Food LLC 1320 Johnson Drive-_ - - City of Industry, CA 91745 CF Yong Architecture Refined Corporation 556 N. Diamond Bar Boulevard, #307 Diamond Bar, CA 91765 Ms. Rose Bacinski Bacinski & Associates 2568 Rudder Way Oceanside, CA 92054 Conditionally approve. DR 2008-43/MCUP 2008-03 Page 1 BACKGROUND: A. Site Description The project site is an irregular shaped parcel of approximately 3.32 acres. It is developed with a 20,784 square foot shopping center containing restaurant, retail and services uses, and school/daycare center. The applicant proposes to renovate a 5,200 square -foot building previously occupied by the Sizzler restaurant, to accommodate a new restaurant tenant. B. Site and Surrounding General Plan, Zoning and Use ANALYSIS: A. Applications and 22.48, 22.10, 22.5 Bar Development Code Sections Because the proposed project consists of modifying the exterior of a commercial building, approval of a Development Review application by the Planning Commission is required. The request for outdoor patio dining and sale and on-site consumption of alcoholic beverages requires approval of a Minor Conditional Use Permit by the Hearing Officer. However, all applications are required to be processed simultaneously by the highest review authority, which is the Planning Commission. B. Development Review (Code Section 22.48) The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process ensures DR 2008-43/MCUP 2008-03 Page 2 General Plan Zone Applicable Uses Development Code Standards General Community Project Site Commercial Commercial C-2 Commercial (C) (C-2) North N/A NIA NIA SR 60 Freeway South Low Density R-1-8,000 RL Residential and Residential (3 Commercial du/acre) (RL) and C East RL R-1-8,000 RL Residential West C Regional C-3 Commercial Commercial (C-3) ANALYSIS: A. Applications and 22.48, 22.10, 22.5 Bar Development Code Sections Because the proposed project consists of modifying the exterior of a commercial building, approval of a Development Review application by the Planning Commission is required. The request for outdoor patio dining and sale and on-site consumption of alcoholic beverages requires approval of a Minor Conditional Use Permit by the Hearing Officer. However, all applications are required to be processed simultaneously by the highest review authority, which is the Planning Commission. B. Development Review (Code Section 22.48) The purpose of Development Review is to establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical, and social character of the City. The process ensures DR 2008-43/MCUP 2008-03 Page 2 that new development and intensification of existing development yields a pleasant living environment, and attracts the interests of residents and visitors as the result of consistent exemplary design. Development Standards Construction of the restaurant building was processed by Los Angeles County and finaled in September 1980. The proposed project does not add square footage to the existing restaurant building or change its configuration. As a result, the building setbacks and height will remain the same. The existing improvements also meet the development standards of the Community Commercial (C-2) zoning district. However, an outdoor patio dining area is proposed on the south side of the building facing Palomino Drive and discussed below under item "C". 2. Architectural Features Colors, Material and Floor Plan The City's Design Guidelines have been established to encourage a better compatible building and site design that improves the visual quality of the surrounding area through aesthetically pleasing site planning, building design, and landscape architecture. Additionally, a primary objective is to promote compatibility with adjacent uses in order to minimize any potential negative impacts. The proposed project retains the existing architectural style of the restaurant building. An outdoor patio dining area is added to the south side of the building and 42 inch high planter walls are added adjacent to the outdoor patio dining area and in the landscape area at the west side of the building. The building is proposed to be updated by changing colors to shades of tan and gold (Sherwin Williams "Antique White", and "Folksy Gold") with a brick color (Sherwin Williams "Fiery Brown") for accent. Cultured stone, in shades of tan, is added to the building facade and planter walls. The proposed paint colors and cultured stone accent is compatible with materials and colors used to update the fagade -_-- of -Vons and-approved-remodeling-of-Shell-and-C-hevron-service-stations,which--- are located adjacent and across the street from the proposed project. 3. Operational Characteristics The proposed upscale restaurant will serve Chinese cuisine. Hours of operation will be Sunday from 10:00 a.m. to 11:00 p.m.; Monday through Thursday from 11:00 a.m. to 11:00 p.m.; and Friday and Saturday from 11:00 a.m. to 12:00 a.m. Number of employees per shift will be 13. 4. Demolition Since the restaurant use and tenant improvements have already been DR 2008-43/MCUP 2008-03 Page 3 approved by staff, the applicant has started interior demolition. The construction plans are in the plan check process at this time. 5. Parking/Occupancy In accordance with the Development Code, required parking spaces for a project can be calculated by uses or by building square footage for shopping centers that have unsegregated parking. For shopping centers of 20,000 to 50,000 square feet, the parking calculation is one parking space for each 250 square feet of building gross floor area. The project site is a shopping center with unsegregated parking. The total building square footage is 20,784 square feet. Calculating the parking required based on the total gross building square footage plus outdoor dining, the shopping center requires 92 parking spaces and provides 114 parking spaces, resulting in a surplus of 22 spaces. In addition to exceeding the minimum code requirement for parking, the businesses within the shopping center have varying peak hours. The retail and service uses and school/daycare center do not have the same peak hours as the proposed restaurant and existing restaurants. Additionally, the proposed restaurant is expected to have an occupancy of 150, while the previous Sizzler restaurant had an occupancy of 191. Taking all of these factors into account, staff finds that the number of parking spaces provided in the center is adequate to accommodate the proposed restaurant with the outdoor dining, along with the existing uses in the shopping center. 6. Trash/Recycle Bin Enclosure The project site has two trash enclosures. The applicant is required to enlarge the existing enclosure closest to the restaurant building to accommodate a recycle bin or add another enclosed adjacent to the existing one to accommodate a recycle bin. The enclosure shall meet City standards and be completed prior to final -ins ectior� ryrCe--tificate-of-Occupancy-issuance - - 7. Landscaping A final landscape and irrigation plan was submitted with this project's application. The landscape will be enhanced by adding trees, shrubs and ground cover. Three Crape Myrtle trees, 15 gallon size, are proposed adjacent to the outdoor patio dining area. Staff is recommending that the size of these trees be increase to 24 inch box. All landscaping and irrigation shall be installed prior to final inspection or Certificate of Occupancy issuance. DR 2008-43/MCUP 2008-03 Page 4 C. Minor Conditional Use Permit for Outdoor Patio Dining (Diamond Bar Development Code Sections 22.42 and 22.56) The applicant is requesting approval to construct an outdoor patio dining area with overhead trellis in the near future. This patio dining area is proposed on the south side of the building facing Palomino Drive. In accordance with the Development Code, outdoor patio dining is allowed with approval of a Conditional Use Permit; hence the applicant's request for a Conditional Use Permit. The comparison matrix below shows that the outdoor patio dining area meets the development standards for the Community Commercial (C-2) zoning district. Development Community Commercial Proposed Meet Feature (C-2) Zoning District Requirement Requirements Setbacks Minimum 5 feet from 7 feet from parking Yes property lines or parking lot lot Separated from Minimum 200 feet Approximately 300 Yes residential uses feet Accessible from inside Access inside the Yes Access the restaurant only restaurant at bar area In addition to the above required development standards, the outdoor patio dining area will not obstruct the flow of pedestrian or vehicular traffic in the proposed location. Furthermore, its location is far enough from the existing residences to eliminate potential impacts such as glare, light and noise. D. Minor Conditional Use Permit for the Sale and On -Site Consumption of Alcohol Beverages (Diamond Bar Development Code Sections 22.10- Table 2-5, and 22.56 The sale and on-site consumption of alcoholic beverages is permitted in the C-2 zone with the approval of a Conditional Use Permit. The proposed on-site consumption of all types of alcoholic beverages served with lunch or dinner is considered ancillary to the primary use of the premises as a restaurant, and will not result in a substantial intensification of the use. On February 13, 2008, the applicant submitted an application to the Department of Alcoholic Beverage Control (ABC) for a Type 47 (for all types of alcohol beverages) license. The approval of the license is pending the City's approval of this Minor Conditional Use Permit application. Additionally, alcoholic beverages served in the outdoor dining area shall comply with the standards established by the State Department of Alcoholic Beverage Control. DR 2008-431MCUP 2008-03 Page 5 E. Additional Review The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Class 1, Section 15301 (a) and (e) of the CEQA Guidelines. Exemptions under Class 1 include additions to existing structures that do not increase the floor area by more than 50 percent, or more than 2,500 square feet, whichever is less; and interior or exterior alterations; both of these criteria apply to the proposed project. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on March 26, 2008. Public hearing notices were mailed to approximately 258 property owners within a 700 -foot radius of the project site, the public notice was posted in three public places and the project site was posted with a display board by March 26, 2008. RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review No. 2008-43, Minor Conditional Use Permit No. 2008-03, based on the Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: A n J4LU—A ociat Planner Attachments: 2 3 Reviewed by: Greg Gubman, AICP, Planning Manager Draft Resolution; Exhibit "A" - site plan, floor plan, roof plan, elevations , materials and colors board, and landscape plan dated April 8, 2008; and Aerial. DR 2008-43/MCUP 2008-03 Page 6 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2008-43, MINOR CONDITIONAL USE PERMIT NO. 2008-03, AND CATEGORICAL EXEMPTION, FOR A REQUEST TO REMODEL AN EXISTING RESTAURANT BUILDING AND TO MAKE EXTERIOR IMPROVEMENTS INCLUDING ADDING AN OUTDOOR PATIO DINING AREA, AND TO SERVE ALCOHOLIC BEVERAGES FOR ON- SITE CONSUMPTION AT 23525 PALOMINO DRIVE -APN: 8281-024-053. A. RECITALS. The property owner, AP Diamond Bar, LLC and applicants, JS Food, LLC, CF Yong of Architecture Refined Corporation and Ms. Rose Bacinski of Bacinski & Associates, have filed an application for Development Review No. 2008-43 and Minor Conditional Use Permit No. 2008-03 for a property located at 23525 Palomino Drive, 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. Public hearing notices were mailed to approximately 258 property owners within a 700 -foot radius of the project site, the public notice was posted in three public places and the project site was posted with a display board. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On April 8, 2008, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Class 1, Section 15301(e) of the CEQA Guidelines promulgated thereunder. Exemptions under Class 1 include additions to existing structures that do not increase the floor area by more than 50 percent, or more than 2,500 square feet, whichever is less; and interior or exterior alterations; both of these criteria apply to the proposed project. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on 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. Development Review (1) The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas (e.g., specific plans, community plans, boulevards, or planned developments.) On July 25, 1995, the City adopted its General Plan. The project site was established prior to the City's incorporation and General Plan's adoption. The General Plan land use designation for the project site is General Commercial (C) which allows for shopping centers with mixed uses including restaurants. The proposed restaurant project and existing shopping center with mixed uses is in compliance with the General Plan The project -site is in the Neighborhood Commercial (C -2) -district. - As prescribed in the Development Code, the development standards of the C-2 zoning district apply to the project site. The proposed project which includes interior remodel and exterior upgrades including the construction of an outdoor patio dining area meets all the development standards of this zoning district as illustrated in the staff report The proposed project retains the existing architectural style of the restaurant building. The outdoor patio dining area is added to the south side of the building and 42 inch high planter walls are added adjacent to the outdoor patio dining area and in the landscape area at the west side of the building. The building is proposed to be updated by changing colors to shades of tan and gold (Sherwin Williams `Antique White'; and "Folksy Gold') with a brick color (Sherwin Williams "Fiery Brown') for accent. Cultured stone, in 2 Planning commission Resolution No. 2008 -XX shades of tan, is added to the building facade and planter walls. Cultured stone, in shades of tan, is added to the building facade and planter walls. The proposed paint colors and cultured stone accent is compatible with materials and colors used to update the facade of Vons and approved remodeling of Shell and Chevron service stations, which are located adjacent and across the street from the proposed project. (2) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. Construction of the restaurant building was processed by Los Angeles County and finaled in September 1980. With the approval and construction of the proposed project, the restaurant use is retained and the layout of the shopping is not changed. Also, the proposed project does not add square footage or change the configuration of the existing restaurant building. As a result, the proposed project meets the development standards of the C-2 zoning district even though it an existing building. Furthermore, the proposed project is not expected to increase or create traffic or pedestrian hazards because the restaurant occupancy is not increased from the previous restaurant; or create a need for more parking than is provided at the shopping center. (3) 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 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. As discussed in Finding (1) above, the proposed project is -- - - - - - consistent with the General Plan, development standards of the C-2 zoning district and the City's Design Guidelines. As a result, the proposed addition is compatible with the characteristics of the neighborhood and will maintain a harmonious, orderly and attractive development. There is no specific plan for the project area. (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 As discussed in Findings (1), (2), and (3) above, the proposed project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing 3 Planning Commission Resolution No. 2008 -XX while offering variety in color and texture and a low level of maintenance. (5) 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. Before the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Department, and Fire Department requirements. The referenced agencies, through the permit and inspection process, will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. b. Minor Conditional Use Permit for the Sale and On -Site Consumption of Alcohol Beverages and Outdoor Patio Dining (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 the Development Code and the Municipal Code. Pursuant to Development Code Section 22.10 — Table 2-5, the proposed sale and on-site consumption of alcoholic beverages is permitted in the Community Commercial (C-2) zoning district with the approval of a Minor Conditional Use Permit. As conditioned, the proposed sale and on-site consumption of alcoholic beverages in connection with a restaurant complies with all other applicable provisions of the Development Code and Municipal Code. Pursuant to Development Code Section 22.42 and 22.56, restaurants with outdoor patio dining are permitted in the C-2 zoning district with the approval of a Minor Conditional Use Permit. As conditioned, the outdoor patio dining area in connection with the proposed restaurant complies with all other applicable provisions of the Development Code and Municipal Code. (2) The proposed use is consistent with the General Plan and any applicable specific plan. The project site's land use designation is General Commercial (C). According to the General Plan, this land use designation provides for community commercial which allows shopping centers with mixed uses including restaurants. Therefore, the proposed restaurant 4 Planning Commission Resolution No. 2008 -XX project and existing shopping center with mixed uses such as service, retail and office is in compliance with the General Plan. There is not an applicable specific plan for the project area The proposed restaurant with the outdoor patio dining area and sale and on-site consumption alcohol beverages is considered a service use and as such are ancillary uses and consistent with the General Plan. There is no applicable specific plan for the project site. (3) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The sale and on-site consumption of alcoholic beverages in connection with an existing restaurant will not alter the physical appearance of the existing shopping center or approved tenant improvement for the restaurant. Alcohol beverages will only be sold in connection with dining and in compliance with the State Department of Alcoholic Beverage Control. The sale of alcoholic beverages will be an ancillary use to the restaurant. Entertainment of any kind will not be permitted. Furthermore, the previous restaurant also served alcohol beverages as an ancillary use with food service. Therefore, the operating characteristics of the proposed restaurant will be compatible with the existing and future uses within the shopping center and surrounding area as conditioned through the Minor Conditional Use Permit. The outdoor patio dining area with overhead trellis is proposed on the south side of the building facing Palomino Drive. In accordance with the Development Code, outdoor patio dining is allowed with approval of a Conditional Use Permit. The comparison matrix in the staff report shows that the outdoor patio dining area meets the development standards for the Community Commercial (C-2) zoning district. In addition -1 the -outdoor -patio -dining -area -will -not obstruct the flow of pedestrian or vehicular traffic in the proposed location. Furthermore, its location is far enough from the existing residence to eliminated potential impacts such as glare, light and noise. (4) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The availability of alcoholic beverages will be restricted to on-site consumption for restaurant patrons only and within the restaurant. Since the restaurant use and tenant improvement has alreadybeen approved by staff, it has been determined that the shopping centeris physically suited to accommodate this use, including access, 5 Planning Commission Resolution No. 2008 -XX provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. Furthermore, as discussed in Development Review and Minor Conditional Use Permit findings above, the subject site is physically suitable for the restaurant with proposed sale and on-site consumption of alcohol beverages and outdoor patio dining and the proposed project will not be an intensification of use. (5) Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. As discussed above in Development Review and Minor Conditional Use Permit findings, granting approval of this project with the Department of Alcoholic Beverage Control (ABC) license and conditions listed within this resolution, the proposed project will not be 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 and Standard Conditions attached hereto and incorporated by reference: A. Planning Division Applicant shall obtain the appropriate permit from the Department of Alcoholic Beverage Control (ABC) and provide written verification to the City of said license before providing for the sale and on-site consumption of alcoholic beverages. Applicant shall be in compliance with all requirement of said licensing agency. 2. Applicant' shall obtain a business license from the City prior to final - - inspection or issuance-ofCertificateof Occupancy.. The- business license shall be displayed in a conspicuous place within the restaurant. 3. Entertainment of any kind is not part of this approval and shall be prohibited. 4. Applicant shall be responsible for maintaining a litter free area adjacent to the restaurant premises. 5. Prior to final inspection, issuance of Certificate of Occupancy, or approval of any individual sign permit applications, the Applicant, property owner, or designee shall submit a Comprehensive Sign Program to the Planning Division for review and approval, and pay all associated review fees. 6 Planning Commission Resolution No. 2008 -XX 6. Prior to final inspection or issuance of Certificate of Occupancy, the applicant shall remove the abandoned sign pole on the subject property. 7. To ensure compliance with all conditions of approval and applicable codes, the Minor Conditional Use Permit shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Minor Conditional Use Permit may have operational conditions added or revocation of permits may occur at an Administrative Review public hearing. 8. Employees of the restaurant shall use parking space located at the rear of the project site. 9. Loitering shall be prohibited. 10. The Applicant shall upsize the plant three Crape Myrtle trees as shown on the landscape plan adjacent to the patio area that faces Palomino Drive, to 24 -inch box specimens. 11. Any modifications to accommodate seating in the outdoor patio dining area for weather conditions shall be reviewed and approved by the Community Development Director. 12. Prior plan check submittal, the applicant shall submit a revised site plan and details for the trash and recycle bin enclosure for review and approval by the Community Development Director. 13. Prior to issuance of building permit, the applicant shall submit elevation drawings of the north, south and west side of the restaurant building. 14. In the event that the outdoor-patiodining area_ is not built, the applicant shall submit a revised landscape and irrigation plan for said area. B. Building and Safety Division Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 2. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 7 Planning Commission Resolution No. 2008 -XX 3. Project shall comply with all Accessibility Code requirements including accessible parking, path of travel, etc. 4. Occupancy load of every room shall determine exiting and restroom requirements. 5. Applicant shall submit a total of 5 full set of plans including the grading for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission. 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: AP Diamond Bar, LLC, 310 Golden Shore, #300, Long Beach, CA 90802, JS Food, LLC, 1320 Johnson Drive, City of Industry, CA 91745, CF Young, Architecture Refined Corporation, 556 N. Diamond Bar Boulevard, #307, Diamond Bar, Ca 91765 and Ms. Rose Bacinski, Bacinske & Associates, 2568 Rudder Way, Oceanside, CA 92054. APPROVED AND ADOPTED THIS 8TH OF APRIL 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. MN Steve Nelson, Chairman I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 8th day of April 2008, by the following vote: - -AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Nancy Fong, Secretary 8 Planning Commission Resolution No. 2008 -XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2008-43 and Minor Conditional Use Permit No. 2008-03 SUBJECT: Remodel and Exterior Improvements of an Existing Restaurant Structure PROPERTY OWNER: AP Diamond Bar, LLC APPLICANTS: JS Food LLC CF Yong and Rose Bacinski LOCATION: 2325 Palomino Drive ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General Requirements In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2008-43 and Minor Conditional Use Permit No. 2008-03 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 9 Planning Commission Resolution No. 2008 -XX 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2008-43 and Development Review No. 2008-03 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2008 -XX Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Site, grading, landscape/irrigation and driveway plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.) or approved use has commenced, whichever comes first. 10. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 13. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and Fire Department. B. Fees/Deposits Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) 10 Planning Commission Resolution No. 2008 -XX at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. Time Limits The approval of Development Review No. 2008-43 and Minor Conditional Use Permit shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. Site Development The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" dated April 8, 2008, including: site plan, floor plan, architectural elevations, materials and colors board and landscaping/irrigation plan on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. No amplified music or sound shall be permitted. Applicant shall comply with the City's noise standards. 3. The parking lot surface shall be repaired, slurry, and re -stripped, and driveways and curb ramps shall be current ADA standards. The path of travel from a handicap parking stall to building and from the curb to the building shall not exceed a two percent slope. 4. All roof mounted equipment shall be screened from public view. 5. All structures, including walls, trash enclosures, canopies, etc, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owner/occupant. E. Solid Waste The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, 11 Planning Commission Resoludon No. 2GC8-XX construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Submit detailed plans showing location, orientation, dimensions, gates, pedestrian entry, and trash and recycling bin placement. 4. Provide adequate capacity for a central trash enclosure to be equipped with recycling receptacles. For every trash bin needed (3 CY or 6 CY), there must be enough space for an equivalent 3 cubic yard recycling bin (51"H x 81"W x 42"D) shown on the plan as a one to one (1:1) ratio. 5. Provide metal gates for the trash enclosure. Chain link with wood slats are not acceptable material for gates. 6. The exterior design, materials and colors for the trash enclosure shall be compatible to the building architectural style. 7. Trash enclosure shall be of decorative material such as stucco, plaster, split face block or other material as approved by Community Development Director. Chain link with wood slats or precision block is not acceptable. 8 Enclosure areas must have drainage from adjoining roofs and pavement diverted around the area to avoid flow-through. Trash enclosure drainage should be directed to vegetated areas where feasible. 9. Enclosure areas must be walled to prevent offsite transport of trash. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. General 1. An Erosion Control Plan shall be submitted prior to the issuance of any City permits. These measures shall be implemented during construction between October 1st and April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater of Storm Water Prevention Plan (SWPPP) shall be needed. Please refer to City handout 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 12 Planning commission Resolution No. 2008 -XX 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced bywatering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. B. Drainage All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at plan check submittal. 2. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant shall provide temporary sanitation facilities while under construction. 3. Fire Department approval may be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 4. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the 13 Planning Commission Resolution No. 2008 -XX site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 5. Project shall comply with energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/auto off occupant sensor. 6. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 7. Plans shall specify location of tempered glass as required by code. 8. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 9. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) End 14 Planning Commission Resolution No. 2008 -XX IR oss"amm-11 P� V |■ |■ �%■ �K ! 2 KA ■ a 'I1 O 19- j CA n z V a '3 r L'® XI O 19- j CA n z V a 1 u + UA c MMEPE91 MEMMEMMEEM L 311 ---, r 7 uiI ai!a Iia oil t �__ ' I!i� a■ia ItI aril Iia .■. �'� e e Pri Iiia n■n aja r.■a ffi .-4. I -L ?€ m z¢ Ffi<A ey P P`b is .* N TZ s A N � c o e q Ram a a�g,�yRRR� :R i€ SA Ig �,$<#�?gO at �ZI A 1 13 1 a ii a<€ i Id $� 3R � ��� $ S �� ��� ���ax � e � �� i a a► a a a a a a a e fit v1� 1i IVa€ p gg j 71 I$j y 0 �■41 j_€ o V y Ita z 49 rx T.., 17- v i a! RJR 9 W € k IfAI R 9 Ila 8 IfAI R Qt i t •i � ♦ �� ♦ 7�, �.��-- i � i �► �,. r,ti i��i i,�i iiiii u1�� � � ��.�,ll MOM♦ ♦ ♦ ♦ ♦ e ♦ ♦ ♦ i ♦ 1L; :,. � :a. 1■'.1 1■1 11■II II■II L'■il .. ►�• r,�?�,J`�ft �Y t � • • 1 J -L ® ® © 1112 � U Q �r'oil O e zRY>4a41 , �� 1411!1411p� -u qsss- 2 �9 1Eg 1A I f{ t�SS EJO *0 IfAI R It J -L ® ® © 1112 � U Q �r'oil O e zRY>4a41 , �� 1411!1411p� -u qsss- 2 �9 1Eg 1A I f{ t�SS < +�« / / .� . t 33�\\\ \ \� \� \\ ,� � ? � ��<�, �\� � \A���` :c ?��#. \»� 2> � ,\�/� >:. . v. §� . /�ƒ w « \/ \ , � \� <� \:' } . .� � .� �� � »� S \ � p � +�� c \� � \\ Document Title Page 1 of 1 �8 DIAD►IOD Bt1RIQ PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 7.3 MEETING DATE: April 8, 2008 CASE/FILE NUMBER: Conditional Use Permit No. 2008-02 PROJECT LOCATION: 3209 Brea Canyon Road, Suites B & C Diamond Bar, CA 91765 APPLICATION REQUEST: To establish an art studio within a leased space of 1,600 square feet. PROPERTY OWNERS: Amon Raphael 12400 Ventura Boulevard, Suite 238 Studio City, CA 91604 APPLICANT: Spotcolor Institute of Art & Design c/o Soo Kim 2729 Saturn Street #A Brea, CA 92821 STAFF RECOMMENDATION: Conditionally Approve BACKGROUND: Applicant, Spotcolor Institute of Art & Design (hereafter referred as "Spotcolor"), has two existing art studios in the cities of Irvine and Brea, and proposes to open a new facility within a 1,600 square foot lease space at 3209 Brea Canyon Road, Suites B & C. Other private schools have operated from this space in the past, including a tutoring school (Happeny) and a day care center (Clayborn). On August 28, 2007, September 11, 2007, and October 23, 2007 Planning Commission approved similar tutoring centers --Diamond Bar Chinese Association, School Connection, and Power Math --all within the same center. ANALYSIS: A. Review Authority (DBMC § 22.08.030) The Planning Commission is the review authority for the proposed Conditional Use Permit to establish an art school. B. Site and Surroundinq General Plan, Zoning and Uses C. Conditional Use Permit DBMC 4 22.58 The purpose of a Conditional Use Permit is to afford an opportunity for broad public review and evaluation of the effects of a specified use on the surrounding area, and to ensure that the proposed use will not have a negative effect on the public health, safety and welfare. Business Description Spot Color offers art services to elementary through high school students. The proposed facility will have three studio rooms, two restrooms, one storage room, one conference room, and one presentation room. Staff will consist of two teachers, who will tutor no more than 10 students at a time. The office hours are between 4:00 p.m. and 7:30 p.m. Monday through Page 2 CUP 2008-02 General Plan Zone Uses Site Commercial Community Office commercial Commercial C-2 center, day care center North Freeway SR 57 Freeway SR 57 Freeway SR 57 South Commercial Community Gas Stations and Commercial C-2 Office building East Commercial Neighborhood Office Commercial / Commercial C-1 Retail West Freeway SR 57 Freeway SR 57 Freeway SR 57 C. Conditional Use Permit DBMC 4 22.58 The purpose of a Conditional Use Permit is to afford an opportunity for broad public review and evaluation of the effects of a specified use on the surrounding area, and to ensure that the proposed use will not have a negative effect on the public health, safety and welfare. Business Description Spot Color offers art services to elementary through high school students. The proposed facility will have three studio rooms, two restrooms, one storage room, one conference room, and one presentation room. Staff will consist of two teachers, who will tutor no more than 10 students at a time. The office hours are between 4:00 p.m. and 7:30 p.m. Monday through Page 2 CUP 2008-02 Friday, and from 1:00 p.m. to 4:30 p.m. on Saturdays. The business will be closed on Sundays. Please see "Attachment 4" for additional information about the proposed business operations. 2. Availability of Parking The table below provides a summary of the existing tenant mix within the subject center, along with the proposed Spotcolor studio facility. Address S. Brea Canyon Square feet Business Name Type of Use Parking Ratio Req. 3209A 750 Brighton Future Learning Center Tutor 1/200 +1/staff 5 3209C 1600 Spotcolor Studio 1/200 + 1/staff 10 3209D 900 Human Computer Retail 1/250 4 3207D 1880 Little Lyceum Tutor 11200 + 1/staff 12 3207C 900 Vacant Retail 1/250 4 3209F 925 D&D Interiors Office 1/400 2 3203A 925 School of Music Studio 1/200 5 3203B 900 Silky Cleaners Dry Cleaners 1/400 2 3203 5000 Montessori Day Care 1/10 children 19 3205 4500 Fine Arts Dance Studio 1/200 22 3207D 900 DB Fine Arts Retail 1/250 4 3211 925 Used Book Store Retail 1/250 4 3211 A 4293 School Connection Tutor 1/200 + 1 /staff 31 3209E 900 Power Math Tutor 1/200 + 1 / staff 5 3207A 1840 Diamond Bar Chinese Assoc. Tutor 1/200 + 1/staff 14 Required Parkin 143 Existing Parking 145 The Diamond Bar Development Code parking standards require 143 off- street parking spaces to accommodate the uses as described in the above table. The subject property provides 145 spaces. Therefore, more than sufficient off-street parking spaces are available to accommodate the existing and proposed uses. Page 3 CLIP 20os-02 3. Compatibility of Use The existing center currently facilitates studios, a day care center, and multiple the center are similar and compatible proposed art studio, so staff does not issues if the proposed use is approved. 4. Additional Review six tutoring centers, two fine art retail stores. The businesses in with each other and with the foresee any future compatibility The City's Public Works Department, and Building and Safety Division have reviewed the project and their recommendations are within the attached resolution. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 500 foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301(a) of the CEQA guidelines, in that the proposed commercial use will occupy an existing commercial lease space and will require only minimal interior alterations. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2008-02, Findings of Fact, conditions of approval and Standard Conditions, as listed within the attached resolution. P paredby: Reviewed by: David Alvarez Greg Gubman, AICP Planning Technici Planning Manager Attachments: 1. Draft Resolution of Approval with required findings 2. Business Description 3. Aerial 4. Exhibit "A" — Site plan and floor plan Page 4 CUP 2008-02 PLANNING COMMISSION RESOLUTION NO. 2008 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-02, A REQUEST TO ESTABLISH AN ART STUDIO AT 3209 BREA CANYON ROAD, SUITES B & C (APN: 8285-028-035), DIAMOND BAR, CA. A. RECITALS Applicant, Spot Color, has filed an application for Conditional Use Permit No. 2008-02, for property located at 3209 Brea Canyon Road, Suites B & C, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notification of the public hearing forthis project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In addition, the project site was posted with a display board and the public notice was posted in three public places. 3. On April 8, 2008, the Plapning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct; 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), under Class 1, Section 15301 (a) of the CEQA Guidelines promulgated thereunder. Exemptions under Class 1 include minor alterations to existing facilities. This criterion applies to the proposed project. Furthermore, the categorical exemption reflects the independent judgment of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on 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 within an existing commercial center located at the northwest corner of Brea Canyon Road and Diamond Bar Boulevard. The proposed use will occupy a lease space of 1,600 square feet at 3209 Brea Canyon Road, Unit B & C. The center occupies approximately 2.54 acres with approximately 24,763 square feet of floor area, which accommodates multiple schools, studios, multiple retail shops, and a day care center. (b) The project site has a General Plan land use designation of General Commercial (C); (c) The zoning designation for the project site is Neighborhood Commercial (C-2) zone, within which private educational facilities may be authorized, subject to approval of a Conditional Use Permit (CUP). (d) Generally the following zones surround the project site: North: Freeway SR 57; South: General Commercial (C-2) zone; East: Freeway SR 57; West: General Commercial (C-1) zone; (e) Under the authority of Development Code Section 22.10.030- Table 2-6, this application is a request to obtain a Conditional Use Permit to allow the operation of a school that facilitates the educational needs of children and youths. The proposed use will occupy a lease space of approximately 1,600 square feet. The unit will consist of a three studio rooms, two restrooms, one storage room, one conference room, and one presentation room Conditional Use Permit (f) The proposed use is allowed within -the subject zoning district with the approval of a Conditional Use Permit complies with all other applicable provisions of the Development Code and the Municipal Code; The proposed art studio is permitted in the Neighborhood Commercial 2 Planning Commission Resolution No. 2008-xx (C-2) Zone with a Conditional Use Permit approval and as conditioned herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (g) The proposed use is consistent with the General Plan and any applicable specific plan; The project site has a General Plan land use designation of General Commercial (C) which provides for the establishment of regional, freeway -oriented, and/or community retail and service commercial uses. The proposed art studio is considered a school use which is consistent with the General Plan land use designation for the project site. A specific plan does not exist for the project site or area. (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The project site is approximately 2.54 acres and developed with an existing shopping center of approximately 24,763 square feet of structure with landscaping and approximately 145 parking spaces. The Studio will occupy an existing lease space of approximately 1, 600 square feet located at 3209 Brea Canyon Road, Unit B & C. The proposed use will not cause the addition of square footage to the site; nor will the proposed use change physically in any way. According to the Development Code Section 22.30.030, Table 3-10, ten parking spaces are required for the proposed School. Based on a parking calculation of existing occupied uses and vacant spaces, the total number of parking spaces requires for the entire commercial center is 143 and the site has 145. The parking spaces provided will be adequate to support the proposed use and existing uses. Therefore, the design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. (i) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints; The proposed art school, as referenced above in Items (t) and (h), meets the required development standards for C-2 zone with a Conditional Use Permit and as conditioned in this resolution will be compatible with existing and future land uses. Provisions for utilities exist at the project site. Access to the commercial center is an existing and the proposed use does not require access modification. 3 Planning Commission Resolution No. 2008-xx As a result, 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 (j) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located; As referenced above in Items (t) through 6), the proposed use as conditioned herein will meet the City's minimum development standards. Furthermore, prior to the issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and requirements set forth by the City's Building and Safety Division. Therefore, granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. (k) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); Pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970, as amended and the guidelines promulgated thereunder, this project is categorically exempt from the provisions of CEQA pursuant to Section 15301 of Article 19 of Chapter 3 of Title 14 the California Code of Regulations, in that only minor interior alterations are proposed to an existing structure. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) The project shall substantially conform to a site plan and floor plan labeled as Exhibit "A," as submitted, amended herein and approved by the Planning Commission. 4 Planning Commission Resolution No. 2008-xx (b) Hours of operation and operating characteristics shall be as follows: Days of Operation Monday through Saturday Hours of Operation Monday through Friday: ABSTAIN: 4:00 p.m. to 7:30 p.m. ABSENT: Saturday: 1:00 p.m. to 4:30 p.m. Any changes to the hours and/or days of operation shall be subject to the Community Development Division review and approval. (c) This Conditional Use Permit shall be valid only for 3209 Brea Canyon Road, Unit B & C. If the use approved herein moves to a different lot or unit the approved Conditional Use Permit shall require termination and a new Conditional Use Permit will be required for the new location. Both the termination and new permit shall be processed simultaneously at a duly noticed public hearing before the Planning Commission. 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: Spotcolor, Attention: Soo Kim, 2729 Saturn Street #A, Brea, CA 92821 APPROVED AND ADOPTED THIS 8th OF APRIL 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. WJ Steve Nelson, Chairman I, Greg Gubman, 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 8th day of April 2008, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 5 Planning Commission Resolution No. 2008-xx COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Conditional Use Permit No. 2008-02 SUBJECT: Art Studio in a vacant unit to occupy 1,600 square feet. PROPERTY OWNER: Arnon Raphael APPLICANT: Spotcolor LOCATION: 3209 Brea Canyon Road, Unit B & C ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. 2008-02 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the 6 Planning Commission Resolution No. 2008-xx City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2008-02, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business Registration and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 2008-xx, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 10. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 7 Planning Commission Resolution No. 2008-xx B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid priorto the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit No. 2008-02 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 8 Planning Commission Resolution No. 2008-xx 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 4. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. END 9 Planning Commission Resolution No. 2008-xx Spotcolor Institute (Diamond Bar) 3209 S Brea Canyon RD #B, C Diamond Bar, CA 91765 Emergency Contact: Soo Kim: 714)313-3009 Julie Lu: 710323-1004 Business Description: The proposed business, Spotcolor Institute of Art & Design (Diamond Bar), is an art school designed to prepare students for entrance into art schools and professional careers. Spotcolor Institute of Art & Design will have three locations for its business operations. One is proposed to be located within the city of Diamond Bar and the others currently exist in the City of Brea and Irvine. The proposed Diamond Bar location will be within the Pepper Tree Plaza on Brea Canyon RD (see map) and will serve as its one of corporate branches. Diamond Bar location will serve as the main instructional facility where the majority of the spotcolor classes will be held. This location will have an open art studio, tenant space used as an office, conference room, and warehousing of art materials. The curriculum for the school is designed to refine and supplement a prospective art student's portfolio for entrance into Art College. The subjects of study include graphic design, photography, illustration, fashion design, interior design, product design, painting, and basic art concepts. The Diamond Bar location will offer two class a day in the open art studio. Due to the limited art space, there will be a maximum of ten students per class session. On Monday, Wednesday, Friday, there will be a portfolio class and on Tuesday, Thursday, Saturday, there will be a drawing and painting class. Classes will run from 4:00 p.m. to 7:30 p.m. on weekdays and 1:00 p.m. to 4:30 p.m. on Saturday. The business is closed on Sunday. Spotcolor anticipates that most students will be dropped off by their parents. Based on the small number of students proposed by the school use and that class times would operate in the late afternoon well after the peak use times for the existing businesses in the center. 0 Address Wedium �rzes Building Streat Names Small LCt Num be rS ,/ Easements _-- Z:nin9 Large Edge cf PfivatG Stf- r./ 9 ects Pavement Page 1 of 1 \''J Ch - 0IIN1 . P- m v N C N N Q' (:f cd m Z E N as Y E y m Q C_ U _0-0-8,0-2-0 000000 C C C C C C T a a C C G C C C U8UC� UC m 12 2 d 42 mmmmmm coC6ujf5C60i x-00000 N N N N N N co Cl) C'M 4n Cn CO �-NCV) Q Lora M.9 Ci co M CI -aa_vaaa mmmmmm L Wm� OC 1 a)�.p E � O U7 O co co Lo ti m U m 39'-0" Mc M O 7'-6" 12'-0" 7'-6" 4'-5" 7'-7" ` E 25 o O U � ~ H N a 7 x X m D W W E a W o C o m � co ° d o 1— 0 0 cw Q1 ca d a • go O S D: aO 07 o Q U) EL ; fA m u C 0 O c _ Comouter I E ' co O 0 00 co + . 1 c Cf) 0C a O a O C N CV :Q o- 0 0 0 U.o c a rn 7 m U C F- � as Z Z O C mm �+ <V w w n / W 6 6 d 3 D is on 00 R ed i� 0 0 44 .. �+ W Wm V •+ a+ 1'-00" c c 8'-7" 10'-11" 7'-6" 11'-00" 39'-0" i I i I z w F- ry Q �LLJ LL m� 0 z O � a - <O ❑ J LU LL > OW 0 U — z D 0 U Z W CD W J O O CD 0 0 0 C7 U 0 Uo z z z z z z z_ z z U NF- u� Q ¢ d Q Q Q ¢ Q F- > > 3tQ> >Q > � > > z I I I I I 0 Z Z W z Z z Z Z z z U, O O= O O O O O O O dr Q Q~ Q Q Q Q Q Q Q n U_ U H U_ U J a J W a. J J a. J a. J I1 J a. J a. J a. J a. ¢ Q Q Q Q Q Q Q Q U U W W O W W W W W W W F- F- U F- F -F - y W W W W W W W W W t° 2z :2z 2z 2z :2z 2z 2z 2z 2iZ co v) 00 00 00 00 00 00 00 00 00 U 2U F- U F- U_ U F- U F- O F O F U UP: _z< a.N ZQ ZQ. ZQ ZQ. ZQ. Z¢ Z¢ ZQ LL LL LL 2E LL LL LL 2E LL LL 2 COf o0 U- 00 �0 0 00 00 �0 00 �0 � W z w z LL W z W z W z W z W z W z W z O LL J LL J LL J LLJ _LL J LL J LL J U- J LL J F < F -Q F -Q F -Q -< ¢ F -Q Oz Oz Oz OZ Oz OZ OZ Oz OZ v z0 U z0 z0 z0 z0 z Z0 Z ZD F- z F- F- - F- - F- F- - - F-❑ F: U) z E3 Q n ¢ Q Q Q QQQ o U Q W Q}Q❑QQ Q Q Q Q U CL �c _ Il _ a. = a. J a. 0� U O J ❑ c- x ❑ J a. C� J a. 0� J a. D� J a. D� J a X J a. ll� J a. X a. O of (L O F- 0-0 0-0 0-0 0-0 0-0 w O a. O QLL a. QLLCO QLL QLL QLL QLL QLL QLL QLL a z w = LW O p w F - z F- m m ❑ w .2 U) Z z F- _U p� Q Z W ¢ CL ¢ CD Z � z ¢ ZD W Z Q O J U O _ a. Lu 2 � O W (a Q w � JI Oi w U 0❑ 0 } } Q Q p ❑Z I--' F- m } W Z < Y 03 Z w U < O li J W >- Q— W a_ Q Q 2 Y Q U = a (A W �] m ❑ Q Q m U U W -� 0 Q 0 J J Q J Q ¢ J J J J Q J Q Q LL a❑ Q ❑ a. a ❑ Q Q Q ¢ Q ❑ z ❑ ❑ J J CN 1 O 0V co Cl) O CD m _ O co O 9 r r9 O M p r 0 O U) F- O Ob O OOI 00 C9 O 00 # N # a) � O co 00 6 00 ~ O ON O O CO O N O CO Op f� N 00 N O L) N (6 N O N N p_, O N N a- m ca m O N N O O N N a. O N O N O O N N O O N N O N W -� U C p �p �� U U F-� p x �a X> 0 U ❑ ❑ ❑❑ F- F- U ❑ C)❑ ❑ ❑ r IL w LU 0C a) 0) Z O CO C C ❑ ❑ N CN O O U C U C U V7 O U O U C -0 i C C N 0 o C ffJ U W W _ m m ) J O W J X J Z � O O W C z m O W W � 0 U m > z O z Q ai F- E W U U W U U Z } m [0 m E c CO a '� E d W— � E W X E — U O U v- LL .� LL Z W U ccoo Z Z y o U U o LL E ca U' IL Q o c Z Q a Z W Z O U U m o �t U U c— o¢ Z Z Q Y w Q — Z�<? u).o _ y U 0 U� ¢ gU)� o @ z� ❑� ❑c_ c z m t0 @ C Z Z o] CC J r4 ❑ N ❑ O •� LL O "- W O Z C�,. z (n Lr U a o Lo0 o z z � �_ WZo m.0) CD coag 0) �� M0 o0 C� N- N CO W Q �Z N U U `n T (� N Cn N D� N Q N Z N Z N Z Z W CD W J z W d w m c z Z W Q O W LL O o z O U c Z N W G z z z C)2 z �J cl Q.co d Q o mw O Uj J� U z O z O w> J UU z O i C U U U O z J J a Un J -� Q ¢ Q U J U w J LJ w 00 00 00 U F U P: U W Z Q Z d E z d n J J > cn U ❑ OW ❑ Ow DOW U` J W z W_ z Y U _ Z_ m W LL J LL J LL J O O Z O z0 cd z Ln O O U z O (D z �F zo fz zo U5 �� o U) d d Q. a_ d N Ja. J U J U a. C) d LL a.O d W UY a a.O d LL fy a. c Z N W O O N z Z _U C)2 JLU Cn �J cl Q.co d Q o mw O Uj J� U O p w> J UU w i C ? O z a Un -� a J d_ U J U J N N I9 m U O O N O O N O O N elf r O O N D 07 co O O N d 7 i C J-+ 0 U U N a -0 U W V Y w 0 W LL0Lu E n J J > cn U o U` J Y U co m W N Z O J �. U cd Z Ln m N co p co m mLu CD n N z CL Q Q. a_ N N d' N N CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On April 8, 2008, the Diamond Bar Planning Commission will hold a regular session at 7:00 p.m., at the South Coast Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On April 4, 2008, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on April 4, 2008, at Diamond Bar, California. Ste Marquez �.. Community Developme apartment c 1',athdavitpostingAoc I VIII IIII IIIIIIII II IIII � Ilillillllillllllllllllllllillll 1111111 III 111111 III EV 876469983 US i• • PO ZIP Code I Day of Delivery Postage 71 Next D 2nd ❑ Ind Del. Day Scheduled Date of Delivery Return Receipt Fee I', Date Accepted Month Day $ $ SchedUorl Time of Delivery COD Fee Insurance Fe I Mo. Day Year ❑ Nom El3 PM CC $ dd. `p Time Accepted ElAM Military Total Postage & Fees ❑ PM ❑ Day El 3rd Day $ Fiat Rate El or Weight 2nd Emp. Initials Int'I Alpha Country Code Acceptance ; Ihs ozs. METHOD OF PAYMENT: Express Mal C rpwate Acct. No FROM: (PLEASE PRINT) PHONE 1 r li Customer Copy Label 11-F, April 2004 EXPRESS u A-5 L UNITED STATES POSTAL SERVICE® Post Officelb Addressee DELIVERY (POSTAL USE ONLY) Delivery Attempt Time AM Emplayee Signature Mo. Da ❑ PM _ Delivery Attempt Tima ❑ AM Employee Signature Mo. Day _ ❑ PM Delivery Date Time ❑ AM Employee Signature Mo. Day EJ PM MWAIVER OF SIGNATURE (Domestic Mail Only) Additional erchandise Insurance la voidRwaiverofaignaWreh'ragaeated.lavish delivery to be madewdhout olatei Ing signature of addressee or addr6aaee's.gaM T tl 1 ry employ judges that arucl. can be left In secure location) and I authorize Mat dellvary _ply s a gn)a),tc,,�ettutea veld proof of delivery. NO DELIVERY�wealcend (•Du4tomer Signed» Federel Agency ACM. No.a ' Posta Service ACM. No. TO: (PLEASE PRIMi PHONE ( ) r :n L -jI L - r I IIIIIII III IIIIII IIII VIII III I IIID VIII IIII VIII II I IIII IIIIIIII EV 876469970 US II IIII ••IGIN (POSTAL SERVICE ONLY) •ELIVERY (POSTAL DeliveryAttempt PO Zi f Code Day of Delivery Postage Postage Mo. Da ] Nast [I 2.d C3 21,d Del. Day $ Employee Signature Scheduled Date of Delivery Return Receipt Fee . Date Accepted ElPM Month Day $ ❑ PM Schetluletl Time oT Delivery ElN...❑ 3 PM COD Fee $ Insurance Fee $ Mo. Day Year ! Time Accepted El AM Military Total Postage & Fees li Day ❑ PM ❑ 2nd D,❑ 3rd Day S ❑ PM Flat Rate C1 or Weight int'I Alpha Country Code Acceptance Emp. Initials of addressee or addressee's agent (a delivery employee Judges that article can be lett sacum lbs. ozs. location) and I authorize that dellvery employee's slg ,-nitconstitutes valid proof of d ll ry', ..r Military No-0ELIVERY� weekend LY METHOD OF PAYMENT: ,. �` YfAIVER OF SIGNATURE (opmestrc MaN Onry) Additional merchandiselnsuranc• is Express Mail Corporae Acct. No. _. .. •� . Federal Agency Acct. No. or void H waNrerof signature is requested 1 wish delivery to be madewlthout obtaining signature of addresses or addresses's agent (f delivery employee)udges that article can be lett insecure location) and I authorize that deliveryemployee sslgnatute t Valid proof of delNery.' Postal $entice Acct. No. I FROM: (PLEASE PRINT) PHONE( ) �• TO: (PLEASE PRIM) r r � Customer Copy Label 11-F, April 2004 EXPRESS JM/31L UNITEDSTATES POSTAL SERVICER Post OfficeTo Addressee L J L EV 8764699L6 US J Customer Copy Label 11-F, April 2004 ANEXPRESS MAIL UNITED STATES POSTAL SERVICE a Post OfficeTo Addressee ••IGIN (POSTAL SERVICE USE • •ELIVERY (POSTAL DeliveryAttempt Time ❑ AM Employee Signature Postage Mo. Da Delivery Attempt ❑ PM Employee Signature Delivery Attempt Time ❑ AM Employee Signature ElPM Mo. Day ❑ PM Return Receipt Fee Delivery Date Tim. ❑ AM Employee Signature li Day $ ❑ PM Mo. Da ❑ PM WAIVER OF SIGNATURE(Oomesflc Mall Only) Additional .—hi I—lasi.s le - Scheduled Time of Delivery Noon 3PM ❑ ❑ Void If waiver of Signature is requested. I Wish delvery to be made without obliaNktg signature Insurance Fee $ of addressee or addressee's agent (a delivery employee Judges that article can be lett sacum Mo. Day Year location) and I authorize that dellvery employee's slg ,-nitconstitutes valid proof of d ll ry', ..r Military No-0ELIVERY� weekend Holiday C,.,-,-,. fy��� +--.,, :.. „0j ! +.ux' ,. �` YfAIVER OF SIGNATURE (opmestrc MaN Onry) Additional merchandiselnsuranc• is Cuetmn Sigrudurs ❑ 2nd Day ❑ 3rd Day Federal Agency Acct. No. or void H waNrerof signature is requested 1 wish delivery to be madewlthout obtaining signature of addresses or addresses's agent (f delivery employee)udges that article can be lett insecure location) and I authorize that deliveryemployee sslgnatute t Valid proof of delNery.' Postal $entice Acct. No. I `. �V'.,ccppJrgi ,utea NO DELIVERY weekendHoliday { �.1- TO: (PLEASE PRIM) PHONE ( ) r � "�ustam•r Signature js e • METHOD OF PAYMENT:- '. 'l "- Federal Agency Acct. No. ar Express Mail Corporate Acct. No. L J L EV 8764699L6 US J Customer Copy Label 11-F, April 2004 ANEXPRESS MAIL UNITED STATES POSTAL SERVICE a Post OfficeTo Addressee ••IGIN (POSTAL SERVICE USE • •ELIVERY (POSTAL USE ONLY) PO ZIP Code Day of Delivery Postage Delivery Attempt Time ❑ AM Employee Signature ❑ Next ❑ 2nd [ 2nd Del. Day $ MO. Da ElPM Scheduled Date of Delivery Return Receipt Fee Delivery Attempt Time El Am Employee Signature Date Accepted Month Day $ Mo. Da ❑ PM Scheduled Time of Delivery Noon 3PM ❑ ❑ COD Fee $ Insurance Fee $ Delivery Data Time ❑ AM Employee Signature �fNo:' Day ❑ PM Mo. Day Year Time Accepted Fl AM Military Total Postage & Fees ,. �` YfAIVER OF SIGNATURE (opmestrc MaN Onry) Additional merchandiselnsuranc• is ❑ PM ❑ 2nd Day ❑ 3rd Day $ void H waNrerof signature is requested 1 wish delivery to be madewlthout obtaining signature of addresses or addresses's agent (f delivery employee)udges that article can be lett insecure location) and I authorize that deliveryemployee sslgnatute t Valid proof of delNery.' Flat Rate O or Weight `. �V'.,ccppJrgi ,utea NO DELIVERY weekendHoliday { �.1- Int'I Alpha Country Code Acceptance Emp. Initials lbs. ozs. "�ustam•r Signature js e • METHOD OF PAYMENT:- '. 'l "- Federal Agency Acct. No. ar Express Mail Corporate Acct. No. Postal Service Acct. No. FROM: (PLEASE PRINT) PHONE I ) TO. (PLEASE PRINT) PHONE ( i r "1 r j' 1 t r , � 1 Z r' - I L t .� J L J • . PICKUP OR • •M or Call 1-800Elms IIIlillllllllllCustomer Co, IIIIIIIIIIIIIIIillllllllllll EXPRESS IIIIIIilllllllllllllllllll 111111 EV 876469997 US �M/.l-IL • . , • a Pea UNITEDSWESPOSTAL SERV/CE@ Post nff; 'r PO ZIP Code Day of Delivery p 2nd DeDate Accepted Scheduled Date of Deliveceipt FeeMonthDayMo. Day Year Scheduled Time of DelivInsurance Acceptedp 7stag2nd FTime AM ❑ Nocn 3PM$Military tage & FeesPMFlat Rae p or Weight ❑ 2nd ❑ad Day Int'I Alpha Country Codece Emp. Initials lbs. ozs. s METHOD OF PgYMEM: Express Mad Corparale Rcpt No. FROM: (PLEASE PRINT) _ r PHONE( ) L ce o Addresse • Time Employee Si ❑ AM 9nature ❑ PM Time Employee Signature ❑ AM ❑ PM Time Em to AM p yee Signature ato Lof'addmddesa F 81GNATURE (Dortrestic Mel/Only) Atltlltldnal marchantlla Insurance 19 f signehre m n Wteated I wish delNaryto k made without r addresse'sagent (if dellveryemplyee)udges Chet art(cle cann bBInlB�tt In�aedureuthorize that tlelivery ample e'sYe lid proof of dellvery, YO Weekend HOAday: . ') r) , Cuf'tomer Slgnatur. FeCe21 Agency Acct. Ne, or Postal SeMCe Atxt. No. TO: (PLEASE PRINT) -� r PHONE) ) _ 1 J loll 111111111111111111111 Ell 11111111111111111111111111111111111111111 IN EV 876470006'US •' '• • Delivery Attempt PO ZIP Code Day of Delivery Postage ❑ PM ❑ Ne# ❑ 2nd ❑ 2nd Del. Day $ Dale Accepted Scheduled Data of Delivery Return Receipt Fee ❑ PM Month Day dd.. $ Mo. Day Year Scheduled Time of Delivery ElN...❑ 3 PM COD Fee QQ� $ Insurance Fee Time Accepted El AM WAIVER OF SIGNATURE (Domestic Mei/ On/y) Addition al merdhandlae'Inaurance M Military Total Postage & Fees ❑ PM ❑ 2nd Day ❑ 3rd Day Caetgmer Signature Flat Rate ❑ or Weight Intl Alpha Country Code Acceptance Emp. Initials Weight lbs. ozs. a- . METHOD OF PAYMENT: apress Mail Corporate Acet. No. FROM: (PLEASE PRINT) PHONE r L Customer Cc Label 11-F April JQEXPRESS - MAIL UNI TED STATES POSTAL SER VICEa Post Office7b Address •ELIVERY (POSTAL USE ONLY) ON Delivery Attempt Time ❑ AM Employee Signature Mo. Da ❑ PM ❑ Next [] 2nd ❑ 2nd Del. Day �p Delivery Attempt Time ❑ AM Employee Signature Mo. Day ❑ PM Month Day $ Delivery Date Time ❑ AM Employee Signature Mo. Day ❑ PM Accepted WAIVER OF SIGNATURE (Domestic Mei/ On/y) Addition al merdhandlae'Inaurance M vdd H waiver of signature Is recimsted.I wish delivery to be made wkhouI obtaining signature of addressee or addressee's agent M delivery employaejudges that article can b a left In secure location) and I authorize that del very emWoyee's ipgature conatltutes valid proof df delNery NODELIVERYOweekend J]Hokday �I ,. Caetgmer Signature FedomAg-ey Acct. Na. or Postal=— Acct. No. TO: (PLEASE PRINT) PHONE ( i =1 r J L Customer Col ' IIIIIIII IIIIII III IIIIII EXPRESS Label 11-F, April; IIII IIIII IIIII IIIII 11111 II II IIIIIIIIIII II 1111 EM 068302888 US �M4/L UNITED STATES POSTAL SERVICE® Post OfficeTO Address( • WuhuLL• ON :'O ZIP Code Time❑ At',Employee Day of Delivery Postage Mo. Day ❑ PM ❑ Next [] 2nd ❑ 2nd Del. Day �p ate Accepted TimeAM ❑ Scheduled Date of Delivery Return Receipt Fee Mo. Day PM Month Day $ Day Year Scheduled Time at Delivery ' COD Fee Fee Accepted ❑ AM ❑Noon ❑3PMW $d� 7111"11"ce L-] PM Military TOtal Postage & Fees or Weight ❑ 2nd Day ❑ and Day . ozs. s. Int'I Alpha Country Code Acceptance Emp. Initials • •UN1&j4rj• Delivery Attempt Time❑ At',Employee Signature Mo. Day ❑ PM Delivery Attempt TimeAM ❑ Employee Signature Mo. Day PM Delivery Date Time El AM Employee Signature Me, Day ❑ PM ❑WAIVER OF SIGNATURE (Domesfle Meil Onty) gddlLonel merehantllN Insureace k void H waiver of slgnaaee is requected.I wish delivery to be made wtthout obtainlrg slgnaWre of addressee or addressee's agent (f delivery employee lrrp9ea thatertlCl9'pgt be left In sedure lecetlon) and 1 authorize Mat delivery employee o attire donsthotea valid proof of delivery. NODELIVERYOweakend Q U2 Q � as C7 • a q Lo w o LSA v ro s ca ro o ' V u TJ WHzF_:6o Booz 6o 'add +++++++++++ : -ON XUA 9N�i01 : wacid � as • a q C 3 LSA v ro a ca ro o ' V u U tw � c TJ WHzF_:6o Booz 6o 'add +++++++++++ : -ON XUA 9N�i01 : wacid LSA v ro a U � w o� d TJ WHzF_:6o Booz 6o 'add +++++++++++ : -ON XUA 9N�i01 : wacid A, U � � q U d b bA GC Iw ca