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HomeMy WebLinkAbout04/28/2009PLANNING FILE Copy COMMISSION AGENDA April 28, 2009 STUDY SESSION -HOUSING ELEMENT — 6:00 P.M. South Coast Air Quality Management District/ Government Center - Conference Room CC -8 21865 Copley Drive REGULAR MEETING — 7:00 P.M. South Coast Air Quality Management District/ Government Center - Auditorium 21865 Copley Drive Chairman Vice Chairman Commissioner Commissioner Commissioner Tony Torng Steve Nelson Kwang Ho Lee Kathleen Nolan Jack Shah Copies of staff reports or other written documentation relating to agenda items are on Re 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. Written materials distributed to the Planning Commission within 72 hours of the Planning Commission meeting are available for public inspection immediately upon distribution in the City Clerk's office at 21825 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title Il of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to 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(a_,)ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, April 28, 2009 STUDY SESSION: Next Resolution No. 2009-07 AGENDA South Coast Air Quality Management District/Government Center, Room CC -8 21865 Copley, Diamond Bar, CA CALL TO ORDER: 6:00 p.m. • Draft Housing Element PUBLIC COMMENTS ADJOURNMENT: REGULAR MEETING: South Coast Air Quality Management District/Government Center Auditorium - 21865 Copley, Diamond Bar, CA CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman Steve Nelson, 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 voluntary). There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: APRIL 28, 2009 PAGE 2 PLANNING COMMISSION AGENDA 4.1 Minutes of Regular Meeting: March 24, 2009. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. PUBLIC HEARING(S): 7.1 One -Year Time Extension for Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 - New 4,739 square -foot commercial building with a drive-through ("Project") - Under the authority of Diamond Bar Municipal Code Section 22.66.050, the applicant has submitted a request for a one year extension of time to begin construction. The project was approved on April 10, 2007, with a two (2) year time frame to obtain building permits and begin construction. Project Address: 22438 Golden Springs Dr. (northeast corner of Golden Springs Dr. and Lavender Dr. in the Target shopping center) Property Owner: CH Development, LLC 1683 Walnut Grove Ave. Rosemead, CA Applicant: Charlie Shen CH Development, LLC 1683 Walnut Grove Ave. Rosemead, CA Environmental Determination: The Diamond Bar City Council certified an addendum to the Diamond Bar Village Specific Plan Environmental Impact Report (EIR) on June 29, 2004. No further environmental review is required to extend the time limit for the approved project. Recommendation: Staff recommends that the Planning Commission approve One -Year Time Extension for Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Conditional Use Permit No. 2009-01— Under the authority of Diamond Bar Municipal Code Section 22.58, College Focus has submitted a request to provide college counseling and tutoring services to high school age students. APRIL 28, 2009 9. 10. PAGE 3 PLANNING COMMISSION AGENDA Project Address: 2040 Brea Canyon Road Property Owner: Plaza Diamond Bar Partners LLC 3029 Wilshire Blvd., Suite 202 Santa Monica, CA 90403 Applicant: College Focus 2040 Brea Canyon Road Diamond Bar, CA 91765 Environmental Determination: The City has determined that this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Article 19, Section 15301 (Existing Facilities) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission continue this item to May 12, 2009. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects: SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: Tuesday, May 5, 2009 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, May 12, 2009 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, May 14, 2009 — 7:00 p.m. Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive APRIL 28, 2009 MEMORIAL DAY HOLIDAY: PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: PAGE 4 PLANNING COMMISSION AGENDA Monday, May 25, 2009 In observance of the holiday, City offices will be closed. City offices will re -open on Tuesday, May 26, 2009. Thursday, May 28, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive I I I ► COMMUNITY DEVELOPMENT DEPARTMENT STUDY SESSION MEMORANDUM TO: Planning Commission FROM: Greg Gubman, AlCP, in Community Development Director SUBJECT: Revised Draft Housing Element DATE: April 28, 2009 On May 13 and May 27, 2008, staff conducted a two-part study session to explain California's housing element laws, particularly as they pertain to Diamond Bar, and to provide an overview of the City's draft Housing Element prior to submitting it to the California Department of Housing and Community Development (HCD) for review. The minutes from the study session are provided in Attachment A. On October 21, 2008, HCD responded with a detailed comment letter (Attachment B) identifying how the draft Housing Element would need to be revised in order to receive State certification. Staff and consultant John Douglas revised the draft document, and distributed to the Commission for review earlier this month. Attachment C provides a matrix which details how the draft Housing Element was revised in response to HCD's comments. Two of the key issues expanded upon in the revised draft will be discussed in detail during the study session. The first is how the City proposes to accommodate and encourage the development of the 284 lower-income housing units allocated to the City under SCAG's Regional Housing Needs Assessment (RHNA). The other is how the City proposes to accommodate the establishment of at least one emergency shelter as mandated under SB 2. Attachments: A — Planning Commission Study Session Minutes from May 13 and May 27, 2008 B'-- HCD comments on previous draft Housing Element C — Summary of City responses to HCD comments G: STAFF REPORTS-PC/STUDY SESSION PC 4-28-09 MEMORANDUM MINUTES OF THE CITY OF DIAMOND BAR HOUSING ELEMENT WORKSHOP OF THE PLANNING COMMISSION MAY 13, 2008 CALL TO ORDER: Chairman Nelson called the meeting to order at 6:00 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah and Vice Chairman Tony Torng, Chairman Steve Nelson Also present: Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ann Lungu, Associate Planner; Greg Kovacevich, Assistant City Attorney; Anthony Santos, Management Analyst; and Stella Marquez, Senior Administrative Assistant. A DRAFT 2008 HOUSING ELEMENT PRESENTATION: John Douglas, Planning Consultant, presented staff's report contained in the handouts. He stated that the updates to the Housing Element are required by state law and has a due date of June 2008. The Housing Element is unique among all General Plan elements because the State has a strong role in its process. The timeframe for the update is from now through 2014. Under state law every jurisdiction is required to submit their Housing Element to the state for review and HCD will provide a response letter to the jurisdiction indicating whether it believes the jurisdiction has complied with state law and therefore certifies the element. He outlined the requirements of the Housing Element using a slide presentation. C/Nolan asked if the element referred to new construction or available housing and Mr. Douglas responded "new construction" with one exception that under some circumstances a jurisdiction can account for up to a quarterof its construction needs through the rehabilitation of existing housing or by providing financial guarantees. CDD/Fong stated that staff appealed the Regional Housing Needs Assessment (RHNA) number with SCAG because Diamond Bar is built out and does not have land available for development. Land that is available is constrained by slopes and sensitive habitat. Staff attempted to convince SCAG that it would not be able to achieve the RHNA number of 1,090 units. However, the City's appeal was denied. Therefore, the City is trapped with the 1,090 units. Staff used that figure as the basis for identifying suitable land area for building new units. The Tres Hermanos Exhibit A MAY 13, 2008 PAGE 2 PLANNING COMMISSION area is about 720 acres and is owned by the City of Industry and may provide the City an opportunity to satisfy the required number of units. Site D may offer an opportunity for additional new housing units. Staff identified other smaller parcels that have opportunities for new housing. Altogether the City may be able to achieve the RHNA number. VC/Torng thought it was not fair that Chino Hills and Diamond Bar had the same number. CDD/Fong said she included Chino Hills as part of the comparison. VC/Torng asked what would happen if the City could not meet the numbers. Mr. Douglas said he would address that question as he continued with his presentation. In short, if there is not enough land some type of action can be taken to increase the capacity. CDD/Fong said the key is that when the City submits the Housing Element to the state it must demonstrate that even if there are not enough sites now that the City has an action program that within a year or two the City will relook at sites to determine potential zoning changes to allow for more density, etc. C/Nolan asked if group homes were included in the unit count. Mr. Douglas responded that group homes are discussed in Chapter 4 of the Housing Elements. The Housing Element is required to look at the City's regulations regarding density bonus, secondary residential units, emergency shelters, group homes, etc. CDD/Fong said that local control of residential group homes are pre-empted so in most residential districts you are allowed to have group homes. An opportunity is to include emergency shelters as part of the group homes. Mr. Douglas responded to C/Lee that the state law focuses on the things that cities have control over and that is zoning standards, processing fees, etc., i.e., the land, allowable densities and so forth. There are very serious consequences if a jurisdiction does not apply enough land at appropriate densities. At the other end of the spectrum of what actually happens, since cities do not build housing they have much less control over what actually happens. Cities can zone properties the correct way, offer incentives, and density bonuses and still not get the desired results. Generally speaking, cities are not penalized for that. But they are expected to look at what has happened and analyze whether anything could have been done differently and determine whether there were any constraints in the city's regulations that impeded development of affordable housing and at that point cities are required to make adjustments to make it easier for affordable housing to be built. Many cities do not achieve their target numbers. Affordable housing is difficult because it requires a lot of money and effort. C/Lee asked if the state was required to provide matching funds in order to help cities achieve their goals. Mr. Douglas said if there were grant funds the cities would have to apply for them and a lot of grants are very competitive. The bottom line is, has the city zoned properly for high density and if MAY 13, 2008 PAGE 3 PLANNING COMMISSION not, the Housing Element will not be certified. Although state certification of the Housing Element is the goal, there is no automatic consequence for not receive state certification. CDD/Fong said if the City cannot make the case that grant funds are consistent with the General Plan the City will not be able to get a grant so it is important for the City to have a certified Housing Element. Mr. Douglas responded to C/Lee that the focus is on the availability of the land more so than the house. CDD/Fong responded to C/Lee that if land is owned by another jurisdiction, Diamond Bar cannot arbitrarily annex it. However, in the unincorporated area Diamond Bar must first establish a sphere of influence and then annex the property. There may be opportunities for Diamond Bar to proceed with this type of plan with respect to the AERA proposal. Mr. Douglas said he would be back in two weeks to answer any question during the second Housing Element Workshop. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the Housing Element Workshop at 6:58 p.m. Attest: Respectfully Submitted, Nancy Fong, Community Development Director Steve Nelson, Chairman MAY 13, 2008 PAGE 3 PLANNING COMMISSION not, the Housing Element will not be certified. Although state certification of the Housing Element is the goal, there is no automatic consequence for not receive state certification. CDD/Fong said if the City cannot make the case that grant funds are consistent with the General Plan the City will not be able to get a grant so it is important for the City to have a certified Housing Element. Mr. Douglas responded to C/Lee that the focus is on the availability of the land more so than the house. CDD/Fong responded to C/Lee that if land is owned by another jurisdiction, Diamond Bar cannot arbitrarily annex it. However, in the unincorporated area Diamond Bar must first establish a sphere of influence and then annex the property. There may be opportunities for Diamond Bar to proceed with this type of plan with respect to the AERA proposal. Mr. Douglas said he would be back in two weeks to answer any question during the second Housing Element Workshop. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the Housing Element Workshop at 6:58 p.m. Attest: Respectfully Submitted, Nancy Fong, Com pity Development Director qole- 6:kn� - eve Nelson, Chairman MINUTES OF THE CITY OF DIAMOND BAR HOUSING ELEMENT WORKSHOP OF THE PLANNING COMMISSION MAY 27, 2008 CALL TO ORDER: Vice Chairman Torng called the meeting to order at 6:08 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Drive, Diamond Bar, CA 91765. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, and Vice Chairman Tony Torng. Absent: Commissioner Jack Shah and Chairman Steve Nelson were excused. Also present: Nancy Fong, Community Development Director; Greg Gubman, Planning Manager; Ann Lungu, Associate Planner; David Alvarez, Planning Technician; Kimberly Molina, Associate Engineer; Greg Gregg Kovacevich, Assistant City Attorney; Anthony Santos, Management Analyst; and Stella Marquez, Senior Administrative Assistant. A DRAFT 2008 HOUSING ELEMENT UPDATE (continued from May 13, 2008): John Douglas, Planning Consultant, summarized the May 13, 2008, presentation. CDD/Fong responded to VC/Torng that Diamond Bar has no homeless shelter or center, and the most recent LA County inventory of homeless indicated no evidence of homeless individuals in the City. However, the City must provide for facilities to house the homeless in its land use regulations even if there is no determined need. Mr. Douglas explained to C/Nolan that every two years a "point in time" homelessness survey is required under federal law. In LA County the Los Angeles Homeless Services Authority conducts the surveys. The most recent survey was conducted in January 2007 by sending teams into the field on two or three consecutive nights to areas where it was expected homeless individuals would be found. In addition, individuals in shelters were counted. It is very difficult to count people living in parks and riverbeds, etc. Almost 95 percent of Diamond Bar is zoned residential and residential zoning includes group homes by right which means that the entire City may be open to providing that type of shelter. MAY 27, 2008 PAGE 2 PLANNING COMMISSION WORKSHOP Mr. Douglas said that the focus on this law and most other laws that relate to the Housing Element is not necessarily on what "is," but what the zoning allows. So, the question is, does the City's zoning allow a non-profit to open up a homeless shelter someplace in the City. CDD/Fong said the City would let the property owners know that the property was being rezoned to allow for a homeless shelter. Mr. Douglas said it was a two-step process: Amend the Zoning Code, which would require public hearings and City Council action. If the Code were amended to allow homeless shelters in certain areas it would be a simple process for individuals to go to the counter at City Hall and go through plan check. CDD/Fong said that another option/opportunity would be to arrange with a non-profit agency to provide shelter for homeless individuals if HCD would approve such a scenario. Mr. Douglas said that all cities are subject to the law so that no one jurisdiction gets burdened by more than its fair share. Mr. Douglas reiterated to C/Lee that the state's Housing Law sets forth what every city has to include in its Housing Element of the General Plan. The State Department of Housing and Community Development (HCD) has the authority to review and give its opinion as to whether or not it complies with state law, which differentiates the Housing Element from every other element of general plans. If the state does not certify the City's Housing Element, jurisdictions that take advantage of grant programs could lose their eligibility for those grant funds. The other concern is that if the State says that the Housing Element is not in compliance it creates a possible legal exposure if someone were to sue the City because the General Plan was not in compliance with state law. A few jurisdictions have been sued on those grounds. Mission Viejo was sued a couple of years ago and the court ordered that jurisdiction to amend their Housing Element and to rezone property. C/Lee asked if there was a certain percentage of low, medium and high density the City must have. Mr. Douglas said the formula was not based on percentages, but on the Regional Housing Needs Assessment (RHNA) fair share allocation. On that basis, Diamond Bar's allocation was for 463 lower income units and Diamond Bar does not currently have any capacity because the maximum density for the City is 20 units per acre. C/Lee asked if there were any candidates and CDD/Fong said there was no 15 -acre parcel available. C/Lee asked how it could be done and CDD/Fong said that the City had to demonstrate that it would look into alternatives. For example, KMart is an area that could be considered in the future as a specific plan with a mixed-use that would include residential units. The City would not be penalized if no one wanted to build the units but the City has to demonstrate that it could be accomplished by setting aside enough acreage to accommodate the necessary units. MAY 27, 2008 PAGE 3 PLANNING COMMISSION WORKSHOP Mr. Douglas said that the state is requiring the City to have a program so that within the Housing Element there is a "program" commitment to evaluate potential sites over the next couple of years and select appropriate areas for zone change. C/Lee asked if there was any mixed-use development in Diamond Bar and CDD/Fong responded that there was no vertical mixed-use. KMart could be redeveloped as a mixed-use development with commercial, residential and institutional components. The City would have to create zoning for vertical mixed use. Mr. Douglas pointed out that Rancho Cucamonga recently built a new project across from city hall at Haven and Foothill that contains retail on the ground floor with two levels of apartments above. Brea, Tustin, and other cities have these types of mixed-use projects. C/Lee had concerns with vertical mixed-use zones because he felt it was not good for the type of living environment that Diamond Bar currently enjoys. He would not have the same kind of concerns if a mixed use environment was spread over a larger area. C/Nolan respectfully disagreed with C/Lee. Diamond Bar is out of land and the topography of Diamond Bar is unlike that of Los Angeles. CDD/Fong said it would depend on the mix of use because the uses would have to be compatible. C/Nolan said it seemed to be a desirable trend for those who wanted to be in a livable City that offered those types of amenities. C/Lee said that land use is very limited in Diamond Bar and he is concerned that there are already many people living in the City. The number one problem is traffic. Mr. Douglas continued speaking about CDGB funding, Section 8 rental assistance, and other programs that would continue. C/Nolan asked if there were any significant changes in the Housing Element since the last presentation and Mr. Douglas said that there were no substantive changes. C/Nolan asked what percentage Diamond Bar was built -out and CDD/Fong referred the Commission to the Land Inventory Appendix B that lists potential vacant sites that might be available. Diamond Bar has only a few relatively small sites. The inventory contains more than enough to meet the RHNA number except that most of the sites are either moderate or upper. It does not mean that one of the sites could not be designated for low and very low income — affordable housing. MAY 27, 2008 PAGE 4 PLANNING COMMISSION WORKSHOP CDD/Fong indicated to VC/Torng that the Housing Element is updated each six years. However, the General Plan must be reported to the state annually and part of the General Plan report is the Housing Element. C/Lee asked what people could sue the City for and ACA/ Kovacevich said that if a homeless shelter was not zoned by right it could be grounds for suing the City. The most the court could do under that scenario would be to order the City to identify a site or issue a permit. Also, courts generally award attorney's fees and ultimately advocating no responsibility to the court. Cities have much less control over what will happen if the responsibility is ceded to a court. That is why it is important to try and reach the goals and timeline for getting the Housing Element certified. In short, if the City has not done what it is supposed to do a judge that knows nothing about the City would end up deciding the matter for the City were the City to lose its case. Therefore, it is incumbent upon the City to do what it can to try and achieve those goals and do so in good faith. PUBLIC COMMENTS: None Offered. ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman Torng adjourned the Housing Element Workshop at 6:50 p.m. Attest: Respectfully Submitted, Nancy FongCl- -, munity evetopment Director T- orng, Vicd-G-K-a-irman CALIFORNIA-BUSINESS TRANSPORTATION AND BD-MNG AGENCY 4RAIfl1 n cn ulnfn o9C1 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT I DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, suite 430 P. O. Box 952053 Sacramento, CA 94252-2053 `\} (915) 323-31771 FAX (916) 327-2643 �'— www.hcd.ca,gov October 21, 2008 Mr. Greg Gubman Assistant Community Development Director City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Dear Mr. Gubman: RE: Review of the City of Diamond Bar's Draft Housing Element Thank you for submitting Diamond Bar's housing element received for the Department's review on September 19, 2008. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). A telephone conversation with you and Mr. John Douglas, the City's consultant, facilitated the review. The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State housing element law (Article 10,6 of the Government Code). In particular, the element should include analyses of the adequacy of identified sites to accommodate the regional housing need for lower-income households and revise programs to address identified housing needs. The enclosed Appendix describes these and other revisions needed to comply with State housing element law. The Department hopes these comments are helpful and would be happy to arrange a meeting in either Diamond Bar or Sacramento to provide any assistance needed to facilitate your efforts to bring the element into compliance. If you have any questions or would like assistance, please contact James Johnson, of our staff, at (916) 323-7271. Sincerely, `I Cathy E. Creswell Deputy Director Enclosure cc: David Doyle, Assistant City Manager John Douglas, Consultant, Conexus Exhibit B APPENDIX CITY OF DIAMOND BAR The following changes would bring Diamond Bar's housing element into compliance with Article -10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on the Department's website at www.hcd.ca.gov/hpd. Refer to the Division of Housing Policy Development and the section pertaining to State Housing Planning. Among other resources, the Housing Element section contains the Department's latest technical assistance tool Building Blocks for Effective Housing Elements (Building Blocks) available at http://www.hcd.ca.gov/hpd/housing element/index.html, the Department's publication, Housing Element Questions and Answers (Qs & As), and the Government Code addressing State housing element law and other resources. A. Housing Needs, Resources, and Constraints 1. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition (Section 65583(a)(2)). While the element provides information on lower-income households overpaying, it should also include information on all households overpaying in Diamond Bar. In addition, given the extent of overpayment for lower-income renters, the element should include a specific analysis of the needs and resources available for these households. For your information, CHAS Data indicates 3,061 (38.7 percent) renters and 14,604 (34.1 percent) owners are overpaying in Diamond Bar. 2. Include an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites (Section 65583(a)(3)). The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period (Section 65583.2). Diamond Bar has a regional housing need allocation (RHNA) of 1090 units with 284 units allocated for lower-income households. The element must include parcel specific inventory of potential sites for rezoning with all relevant analysis. While the element acknowledges a shortfall of sites to accommodate the City's regional need for lower-income households and includes Program 9 (page V-7) to address the need, it still must identify and analyze the adequacy potential rezone sites. In addition, to demonstrate the adequacy of sites identified in Table B-1, the element should be revised as follows: Realistic Capacity: The element must demonstrate how the residential development capacity of sites identified were determined. If the City has established a minimum density regulation, the element may use the minimum density for the site capacity calculation. Otherwise, the element should describe the methodology used in calculation of anticipated capacity on the identified sites. For non-residential sites, the -2 - residential capacity estimates should consider the extent to which non-residential uses are allowed and any performance standards. This analysis must adjust the calculation based on land -use controls and site improvements and could also incorporate typically built densities of the community. To address the identified shortfall of sites to accommodate the City's remaining regional need, particularly for lower-income households, in addition to the sites identified in the inventory, the City could consider additional strategies to increase total residential development capacity of sites within the existing City boundaries, including identifying opportunities for redevelopment or mixed-use development, such as those sites within the City's two mixed-use planning areas (page IV -2). For additional information on these strategies and needed analysis required to demonstrate the adequacy of City actions to address the City's shortfall of sites, refer to the Building B/ocks'section on Sites Inventory and Analysis at http://Www.hcd.ca.gov/hpd/housing elementVSIA zoning php. Environmental Constraints: In the element (page IV -13), the City states a large portion of available land is located upon steep slopes, some of which have a potential for landslide hazards. The element should detail whether the sites identified in the land inventory are affected by the slopes and the impact on the supply and affordability of housing. Sites with Zoning for a Variety of Housing Types: The housing element must demonstrate the. availability of sites, with appropriate zoning, that will encourage and facilitate a variety of housing types including supportive housing, emergency shelters, and transitional housing. An adequate analysis should, at a minimum, identify whether and how zoning districts explicitly allow the uses, analyze whether zoning, development standards and permit procedures encourage and facilitate these housing types. If the analysis does not demonstrate adequate zoning for these housing types, the element must include implementation actions to provide appropriate zoning. Emergency Shelters: Please note, the City must comply with Chapter 633, Statutes of 2007 (SB 2), requiring, among other things, the identification of at least one zone(s) where emergency shelters are permitted without a conditional use permit (CUP) or other discretionary action within one year of the beginning of the planning period. To address this requirement, the City could amend an existing zoning district, establish a new zoning district or an overlay zone for an existing zoning district. While the element includes zones RM, RMH and RH as areas where emergency shelters are allowed by -right or with a CUP depending on the number of persons served (page IV -4), the element must identify zones where emergency shelters will be allowed by -right regardless of size and provide information to demonstrate the appropriateness of the zone to accommodate the City's identified need for emergency shelters. For example, the zone must provide sufficient opportunities for at least one new emergency shelter in the planning period and consider opportunities available in suitable locations near services and facilities. In addition, the element must demonstrate that existing or proposed permit processing, development, and management standards encourage and facilitate the development of, or conversion to, emergency shelters. A memo on SB 2 describing the new requirements is available on the Department's website at http://www.hcd.ca.gov/hpd/sb2 memo050708.pdf. -3 - Transitional and Supportive Housing: The. element states transitional and supportive housing of seven or more persons requires a CUP (page IV -4). Pursuant to SB 2, transitional and supportive housing must be treated as residential use and subject to the same permitting processes as other housing in the subject zone (e.g., multifamily housing, group homes, etc.) without undue special regulatory requirements. The element must be revised to describe zones which allow these uses pursuant to State law and include any necessary program actions to allow for these uses in the identified zones within the planning period. 3. Analyze potential and actual governmental constraints upon the maintenance, improvement, and development of housing for all income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 (Section 65583(a)(5)). Land Use and Controls: While the element lists zoning and development standards (page IV -4), it should also analyze these standards for their impact on the supply and affordability of housing, especially multifamily housing. For example, the element should evaluate the cumulative effect of development standards such as height limits, lot coverage, minimum floor areas, parking requirements, performance standards and minimum floor areas on the ability to achieve maximum permitted densities and on the supply and affordability of housing. In addition, the element should evaluate the impact of garage requirements for multifamily housing. Refer to the sample analysis in the Building Blocks' website at http://www.hcd.ca..qov/hpd/housing element2/CON landuse.php. Fees and Exaction: While the element provides "Planning and Development Fees" (Table IV -6), listing some planning costs, a more detailed analysis is necessary to evaluate the impact of the City's fees. This analysis should identify total typical fees (planning and impact) for both single- and multi -family housing. For additional information, please refer to the sample analysis in the Building Blocks'section on Fees and Exactions at http://www.hcd.ca.gov/hpd/housing element2/CON landuse php. Permit Processing and Procedures: The element states a development review application is required for all developments with four or more units (page IV -10), but provides no information on the process. The element should include a detailed analysis of the development review guidelines and process, including better identifying requirements and approval procedures and analyzing the impact of the guidelines and process on housing costs and approval certainty. The analysis should also include typical approval times for single- and multi -family projects. Based on the outcomes of this analysis, the element may need to add programs to address the guidelines as a constraint. For additional information, refer to the sample analysis in the Building Blocks'section on Permit Processing and Procedures at http://www.hcd.ca.gov/hpd/housing element21CONpermits.php. -4- On/Off-Site Improvements: The element did not address this statutory requirement. The element must be revised to describe and analyze specific on- and off-site improvements for residential development such as requirements for street widths, sidewalks, water and sewer connections and circulation improvements required for residential developments and assess their impact on the cost and supply of housing. Constraints on Persons with Disabilities: While the element states Diamond Bar adopted the 2007 building code in which incorporate accessibility standards contained in Title 24 and a streamline review of design modification to improve accessibility, it must include a detailed analysis of zoning, development standards and approval procedures for the development of housing for persons with disabilities and include programs as appropriate to address any identified constraints. For example, among other things, the element should identify and analyze the following: • Any definition of family in the zoning code. • Reasonable accommodation ordinance, if so describe the process. • Any siting or concentration requirements for residential care facilities. Please refer to the Building Blocks' section on Constraints for Persons with Disabilities at http:/Iwww_hcd. ca.Rov/hpd/housing element/screen27 sb520.pdf. 4. Analyze the opportunities for energy conservation with respect to residential development (Section 65583(a)(6)). The element includes a general description of Title 24 requirements and states as new infill development and rehabilitation activities occur the City could directly affect energy use within its jurisdiction (page III-6), but includes no information on the City's efforts to address energy conservation goals. Given the importance of promoting strategies to address climate change and energy conservation, the City's analysis could facilitate adoption of housing and land-use policies and programs in the housing element that meet housing and conservation objectives. Planning to maximize energy efficiency and the incorporation of energy conservation and green building features can contribute to reduced housing costs for homeowners and renters. For example, the element could include incentives to encourage green building techniques and materials in new and resale homes, promote energy audits and participation in utility programs, and facilitate energy conserving retrofits upon resale of homes. Additional information on potential policies and programs to address energy conservation are available in the Building Blocks' website at http://www.hcd.ca.gov/hpd/housing element2/SIA conservation.php. 5. Analyze any special housing needs, such as those of the handicapped, elderly, large families, farmworkers, families with female heads of households, and families and person in need of emergency shelter (Section 65583(a)(7)). The identification and analysis of special needs should be expanded beyond the basic household and individual counts and general description of the various groups. The analysis must discuss the nature of the special housing need of each group in Diamond Bar as well as housing types, zoning and available resources. A thorough analysis will help identify those with the most serious housing needs to develop and prioritize responsive programs. ORE • The element indicates Diamond Bar has 1,373 female households with a significant number living below the poverty level. The City should include analysis of housing needs and opportunities for this group. • The element states 15 to 17 percent of households in Diamond Bars are large families (pages 11-20). The element should include an analysis of available housing to meet the needs of large families. In addition, while the element estimate"§ the total homeless within San Gabriel Valley Planning Service Area (SPA) at 9,942 persons, the element must include an estimate of the proportion of those persons within the City limits. To assess the degree of unmet homeless needs, including the extent of need for emergency shelters, the estimate must consider both seasonal and year round need and should consider a variety of data sources. The element could utilize estimates from local officials, survey the identified service providers or consult with San Gabriel Valley SPA. B. Housing Programs Include a program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land -use and development controls, provision of regulatory concessions and incentives,, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions (Section 65583(c)). To fully address the program requirements of Government Code Section 65583(c)(1-6), and in order for the City's proposed housing development and assistance strategies to be effective during the planning period, all programs and corresponding actions should demonstrate the City's commitment to implementation and include: (1) definitive implementation timelines; (2) identification of responsible agencies and officials and funding; (3) quantified objectives where appropriate. Programs to be revised and strengthened include, but are not limited to the following: • Program 1: Describe the funds available for rehabilitation and the City's role in acquiring funds., How many residents will Diamond Bar refer to the County's rehabilitation loan program? How many units are estimated to be rehabilitated per year? How will the City market the availability of funds for this program? • Program 3: How will the City advertise the County's single-family home rehabilitation program? Quantify number of units to be rehabilitated annually. 0 Program 6: How will the City support preservation of its two mobilehome parks? -6 - Program 8: By what date will the City contact land owners with information regarding Diamond Bar's interest in developing senior and workforce housing? How will the City market the programs? How will the City assist landowners to develop the property? What regulatory concessions and financial assistance will the City provide to encourage and facilitate development of senior and workforce housing? Please refer to the Building Blocks section on Program Requirements at http://Www.hcd.ca.gov/hpd/housing element2/PRO home.php. 2. Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory -built housing, mobilehomes, and emergency shelters and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner -occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low- and low-income households (Section 65583(c)(9)). As noted in finding A3, the element identifies a significant shortfall of sites, particularly sites for lower-income households. For your information, where the inventory does not identify adequate sites pursuant to Government Code Sections 65583(a)(3) and 65583.2, the element must provide a program to identify sites in accordance with subdivision (h) of 65583.2 for 100 percent of the remaining lower-income housing need with sites zoned to permit owner -occupied and rental multifamily uses by -right during the planning period. While the element includes Program 9 committing the City to review vacant and underutilized parcels and identify adequate sites that are suitable for higher density development, the program must be revised to commit the City to rezoning a specific number of acres to accommodate the identified shortfall of sites by a date certain. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 20 units per acre. Also, at least 50 percent of the remaining need must be planned on sites that exclusively allow residential uses. In addition, the element should be revised as follows: • If the City is relying on mixed-use in Planning Areas and Specific Plans, the element should indicate how the City will encourage and facilitate development of housing in those areas. • If the City is dependent on the redevelopment of underutilized, non -vacant sites and development of second units to address the identified shortfall, the element should detail how the City will encourage such development by detailing any existing or planned financial assistance, regulatory concessions or incentives. -7 - Please note, the City must comply with recent statutory changes to State law (Chapter 633, Statutes of 2007 [SB 2]) requiring, among other things, the identification of at least one zone(s) where emergency shelters are permitted without a CUP or other discretionary action within one year of the beginning of the planning period. To address this requirement, the City could amend an existing zoning district, establish a new zoning district or overlay zone for an existing zoning district. The zone must provide sufficient opportunities for at least one new emergency shelter in the planning period, including opportunities available in suitable locations near services and facilities. In addition, the element must demonstrate that existing or proposed permit processing, development, and management standards encourage and facilitate the development of, or conversion to, emergency shelters. A technical assistance paper describing the new requirements is available at http:f/www.hcd.ca.aov/hpd/housing element21SB2memoO71708 final.pdf. 3. The housing element shall contain programs which "assist in the development of adequate housing to' meet the needs of extremely low-, low- and moderate -income households (Section 65583(c)(2)). In accordance with Chapter 891, Statutes of 2006, the element must include programs to assist in the development of extremely low-income households. Programs should be modified or added to specifically assist in the development of a variety of housing types to meet the needs of extremely low-income households. In addition: The element does not include specific actions to assist in the development of a mix of housing types, including rental multifamily, for extremely low-, very low-, low- and moderate -income households, and special housing need households. The element should include programs to address identified housing needs such as overcrowding and the need for units with three or more bedrooms. Actions could include assistance with site identification and entitlement processing, fee waivers and deferrals, modifying development standards and granting concessions and incentives for projects that provide housing for lower-income households. The element indicates 11 percent of renters live in overcrowded households. The City should include program actions to facilitate or assist in the development of affordable multifamily rental units, particularly units three or more bedrooms. Actions could include assistance with site identification and entitlement processing, fee waivers and deferrals, modifying development standards and granting concessions and incentives for projects that provide housing for lower-income households. Furthermore, given the lack of available multifamily rental housing, and overcrowding among renter households, the City should consider strengthening or adding programs to specifically encourage and facilitate all types of multifamily rental housing. -8- C. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort (Section 65583(c)(7)). Additional information is needed to demonstrate how the City has or will make a diligent effort to achieve the involvement all economic segments of the community through the adoption process. While the element states study sessions were conducted in the community, the element should also describe in more detail who actually attended the study sessions, how many study groups actually occurred and the nature of the input from the community and how the information was used in the housing element. The element should be revised to specifically describe the City's efforts to circulate the housing element among low- and moderate -income households and organizations that represent them and individuals and to involve such groups and persons in the development of the element. In addition, the City must make a committed effort to include residents and community stakeholders during the revision and adoption of the element in the months to come, including making the draft document available to the public for review and comment. M X HCD Housing Element Comments and Responses City of Diamond Bar CONEXUS April 17, 2009 Housing Element Page Reference HCD Comment revised draft) Response A.I. Overpayment P. II -9 Table I1-8 (Overpayment by Income Category) has been expanded to include overpayment information for moderate- and above -moderate - income households by tenure. Additionally, the analysis of overpayment has been expanded to include available resources to address this issue. A.2. Sites Inventory and Analysis p. B-1 /2 Additional analysis of the City's land inventory is provided in Appendix B. The P. V-8 analysis shows that there is a shortfall of sites with zoning for lower-income housing compared to the RHNA. Program 9 includes a commitment to identify and rezone at least 15.5 acres for multi -family residential development by -right at a density of 30 units/acre. - Realistic Capacity p. B-4 Table B-1 provides an estimate of the realistic capacity of potential development sites based on approved projects, pending applications and previous developments. -Environmental constraints p. B-4 Analysis of potential constraints has been added to the land inventory analysis. -Sites with Zoning for a Variety of p. IV -5 The analysis of special needs housing has been expanded in response to Housing Types HCD's comments. -Emergency Shelters p. IV -6 The analysis of emergency shelters has been expanded and Program 12 has P. V-9 been added to respond to the requirements of SB 2. -Transitional and Supportive p. IV -6 The analysis of special needs has been expanded to include transitional and Housing P. V-9 supportive housing, and Program 12 has been added in order to comply with SB 2. A.3 Land Use and Controls p. IV -5 Additional analysis has been provided in Chapter IV regarding the City's p. V-7/8 zoning and development standards and their effect on the supply and affordability of housing. Program 9 includes a commitment to identify and CONEXUS April 17, 2009 City of Diamond Bar 2008 Housing Element HCD Comments and Responses CONEXUS -2- April 17, 2009 Housing Element Page Reference HCD Comment revised draft Response rezone at least 15.5 acres of land for multi -family development by -right at a density of 30 units/acre, excluding density bonus, in order to encourage and facilitate development of 463 lower-income units commensurate with the City's RHNA obligation. P. IV -8 In addition, the analysis of development standards has been expanded to P. V-10 include a review of off-street parking requirements. Program 13 has been revised to allow reduced off-street parking and carports for lower-income housing. - Fees and Exactions p. IV -14 Additional information on fees and exactions for single-family and multi- family developments has been added to the Constraints analysis. - Permit Processing and p. IV -10 through 13 HCD states that "the element ... provides no information on the process." To Procedures the contrary, the draft element contained 3 pages describing the development review process, including timelines and approving authorities. Nevertheless, additional information has been provided regarding the City's permit processing. This analysis demonstrates that these procedures are typical of most cities and do not pose an unreasonable constraint on housing supply or affordability. - On/Off-Site Improvements p. IV -14/15 Additional analysis of street improvement requirements has been provided. -Constraints on persons with p. IV -6 The Constraints chapter has been expanded to provide additional analysis disabilities p. V-12 regarding potential constraints on persons with disabilities, including definition of "family" and concentration requirements. Program 16 has been added to the Housing Action Plan to establish procedures for reasonable accommodation in the Municipal Code. A.4 Analysis of Opportunities for p. III -6 This section has been revised to include additional information on the City's Energy Conservation efforts to promote energy conservation. CONEXUS -2- April 17, 2009 City of Diamond Bar 2008 Housing Element HCD Comments and Responses CONEXUS -3- April 17, 2009 Housing Element Page Reference HCD Comment revised draft Response A.5 Analysis of Special Needs p. II -21 through 25 Additional discussion has been provided in the Needs Assessment (Chapter II) regarding programs available to address special needs groups. With regard to homeless needs, additional information has been provided regarding the needs of this group and City programs to address the need. B.1 Housing Programs Several of the housing programs have been revised to include more specific actions and completion dates. - Program 1 - Residential p. V-3 HCD's questions relate to Program 3 - please refer to the response below. Neighborhood Improvement Program - Program 3 - Single Family Home p. V-4 Program 3 has been revised to clarify program funding and operation, and Rehabilitation Program how the City will promote the program. - Program 6 - Mobile Home Park p. V-5 Program 6 has been revised to clarify how the program supports preservation Preservation of the City's mobile home parks. -Program 8 - Development of p. V-6/7 Program 8 already contains the information requested by HCD. Additional Senior and Workforce Housing clarification has been provided regarding how the City will publicize this program (i.e., direct mail and posting on the City website). B.2. Adequate Sites p. III -8 Program 9 (Land Use Element and Zoning) has been revised to clarify that sites encompassing at least 15.5 acres will be rezoned by June 2011 to allow development of at least 463 lower-income units by -right at a density of 30 units/acre. B.3. Programs to assist in p. V-6/7 Program 8 (Development of Senior and Workforce Housing) has been development of low & moderate strengthened to provide additional detail regarding the City's activities and income housing, including objectives regarding assistance in producing housing that is affordable to housing for extremely -low income lower-income households. households C. Public Participation Appendix C In response to HCD's comments, Appendix F, Public Participation Summary, has been added to the Housing Element to describe how public meetings and workshops were advertised, which groups or organizations were notified, CONEXUS -3- April 17, 2009 City of Diamond Bar 2008 Housing Element HCD Comments and Responses CONEXUS -4- April 17, 2009 Housing Element Page Reference HCD Comment revised draft Response types of comments received, and how they were incorporated into the Housing Element. Prior to the adoption hearing all interested parties will be given the opportunity to review the revisions. CONEXUS -4- April 17, 2009 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 24, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Nelson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Kwang Ho Lee, Jack Shah, Vice Chairman Steve Nelson, Chairman Tony Torng. Absent: Commissioner Kathy Nolan was excused. Also present: Greg Gubman, Acting Community Development Director; Katherine Laufenburger, Senior Planner; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: C/Lee said he believed there was an outstanding legal issue with respect to the March 10, 2009, Planning Commission reorganization and asked that Item 4 be moved for discussion to immediately following Item 7. VC/Nelson suggested the item be discussed under Item 8. C/Lee said it was a public matter and he wanted the consent calendar item discussed immediately following Item 7.1 on tonight's agenda. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING: 7.1 Conditional Use Permit No. 2008-06 and Development Review No. 2008-21_ - Under the authority of Diamond Bar Municipal Code Sections 22.42.130, 22.48 and 22.58, Verizon Wireless has submitted a request to establish a freestanding wireless telecommunications facility at Chaparral Middle School. The proposed Project consists of the construction of two 50 -foot tall antennas disguised as flag poles; and construction of an unmanned, 184 square foot 10 -foot tall equipment shelter within an existing storage area located to the north of the school and west of the existing parking lot. MARCH 24, 2009 PAGE 2 PROJECT ADDRESS PROPERTY OWNER MDRAFT PLANNING COMMISSION 1405 Spruce Tree Drive (Lot 98, Tract 30629, APN 8293-006-900) Diamond Bar, CA 91765 Walnut Valley Unified School District 880 S. Lemon Avenue Walnut, CA 91789 APPLICANT: Verizon Wireless 15505 Sand Canyon Ave, Bldg D, 1St Floor Irvine, CA 92618 ACDD/Gubman stated that today staff received an email from a neighbor regarding this matter, and that copies have been provided to the Commissioners. There are four items that the writer raised with the overall opposition to the proposal. ACDD/Gubman reminded the Planning Commissioners that the first comment regarding potential health effects of radio frequency radiation cannot be considered by the Commission. The Federal Telecommunications Act of 1996, which is codified in Title 47 of the Code of Federal Regulations, explicitly prohibits the Planning Commission from making a decision on this matter on the basis of radio frequency emissions or any perceived health effects, and must not be discussed or considered by the Commission when making its ruling. In addition, the third comment makes reference to the health and safety of the students which falls under the same preemption under the Federal Telecommunications Act and is likewise not to be discussed or weighed as part of the Commission's decision on this matter. SP/Laufenburger presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2008-06 and Development Review No. 2008-21, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah asked if the emergency generator was part of this project. SP/Laufenburger responded that generally, whenever a cell tower is installed an emergency generator is included for emergency backup in the event of lost power. C/Shah said he understood that permits for generators were not being granted by cities and suggested staff check on this matter. Chair/Torng asked if the school currently used the site for trash. SP/Laufenburger responded that currently there is a storage container at the site. The area is fenced and there is no public access. There is a trash bin outside of the gated enclosure. Chair/Torng asked SP/Laufenburgerto point out the distance from the nearest home to the tower. He wanted to know if the closest school building MARCH 24, 2009 PAGE 3 PLANNING COMMISSION contained classrooms. SP/Laufenburger said there may be classrooms but the distance requirement is to the nearest residential property line, not to the nearest structure. Chair/Torng said a classroom was important to him because it was closer than the residence and if school kids are present he hoped it would exceed the required distance. ACDDIGubman explained that the reason for the setback to the residence is to address aesthetic issues. The school building is on the property for which the applicant is requesting the use. There is no code requirement for any minimum distance within the property boundaries to any structures. He asked the Commission to keep in mind that the setback requirement is to address aesthetic/visual concerns by locating the antenna a specified distance from residential properties. VC/Nelson reported that his wife is the attendance clerk at Chaparral Middle School. He has not discussed this project with his wife and believes he can render an objective decision. However, if his colleagues or staff or audience members disagree, he would recuse himself from considering this project. ACDD/Gubman recommended that VC/Nelson recuse himself from consideration of this matter. VC/Nelson recused himself and left the dais. Chair/Torng opened the public hearing. Michelle Felton, Core Communications, Brea, representing Verizon Wireless thanked the Commission for considering the project and SP/Laufenburgerfor her diligent review of the project. She explained the project and asked for Commission approval. Ms. Felton responded to Chair/Torng that the site is currently used for storage and she assumed that it would be used primarily by the school maintenance crew. In addition to the area being secured the equipment will be enclosed in a shelter that will also be secured. Chin Hung, 22835 Ironbark, said the site shown on the screen is not the same site as was mailed to the residents. He wanted to know how strong the radiation emission was because the pole sits on the ground on the surface of Ironbark Drive and probably within 50 feet of his residence. He wanted to know what kind of effect this project would have on his long-term health. Charles Maruka, 1416 Spruce Tree Drive, said the map location is not what was shown today. The map location is showing right off of Ironbark and the project is shown on Spruce Tree so what was published is not accurate and it would make MARCH 24, 2009 PAGE 4 PLANNING COMMISSION more sense to him that it would be placed in a location other than in front of someone's house. He was also concerned about studies relating to the transmission. He said he did not want to speak about something that was not legal to discuss but he was concerned about a transmission area that is so closely located to where hundreds and hundreds of kids would be on a daily basis. Is the school district making any money off of this project because it does not seem to be an appropriate site in the middle of a neighborhood, especially where there are kids? ACDD/Gubman referred to his earlier statement that the Federal Telecommunications Act explicitly states that "no state or local government" or instrumentalities thereof may regulate the placement, construction and modification of personal wireless service facilities on the basis of environmental effects of radio frequency emissions to the extent that such facilities comply with the (Federal Communications) Commissions' regulations concerning such emissions." The FCC licenses the carriers and regulates the radio frequency band under which carriers may operate and have all authority on that matter. For that reason, Commissioners are completely pre-empted from considering any potential environmental and health effects related to radio frequency emissions. ACDD/Gubman said that with respect to purported inaccuracies in the notification, when notifications are sent they include a vicinity map that points to the property on which the proposal is being requested and not to the precise location on a property. The vicinity map was pointing to the Chaparral Middle School property as a location, not the specific siting and orientation of the cell site. The notice is accurate and in compliance. The notice also stated that the plans were available at City Hall and provided contact information to invite and encourage the public to contact the City or to visit City Hall to view the plans and obtain more detailed information about the facility, its location and its characteristics. The school district would be leasing the facility to Verizon which is a business arrangement between the two parties, therefore, it is reasonable to presume that the school district would be entering into this agreement as a revenue generating enterprise. Ms. Felton stated that Verizon's installations are regulated by the FCC and maintains emission levels that are much lower than what is permitted. In addition, the school location was chosen so as not to affect the school proceedings and the property provides good aesthetics and setbacks from the street. These types of sites are often located at schools. SP/Laufenburger again confirmed to Chair/Torng that the distance from the flagpole to the home on Ironbark is 105.6 feet. Chair/Torng closed the public hearing. MARCH 24, 2009 PAGE 5 PLANNING COMMISSION C/Shah moved, C/Lee seconded, to approve Conditional Use Permit No. 2008-06 and Development Review No. 2008-21. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: VC/Nelson returned to the dais. 4. CONSENT CALENDAR: Shah, Lee, Shah, C/Torng None VC/Nelson Nolan 4.1 Minutes of Regular Meeting of March 10, 2009. C/Lee disclosed publicly that one of the nominees called him one year ago after the Commission meeting to initiate a discussion that he and C/Lee should take the position of the Chair and Vice Chair. After the reorganization was held during the last meeting C/Lee felt uneasy so he took a look at the Code of Ethics and it describes that it is unlawful to have such discussions. So he felt the Commission should get a legal opinion. He felt he was induced to support someone and he would like to suggest that the minutes should be postponed until the Commission was able to get a legal opinion. Second, he requested the presence of legal counsel at the next meeting. Third, he believed the current Chair should resign until the Commission was provided with a legal opinion and during the interim the previous Chair, Steve Nelson, should conduct the meetings. He said the reason he brought this up is because he believes the decision could be wrong without him disclosing so the Commission should reconsider this matter with legal opinion. He also said he would like to get other Planning Commissioner's opinions too. C/Shah said he had no comment at this time. VC/.Nelson asked C/Lee to explain what he meant by "unlawfulness" and C/Lee responded "secrecy." All matters pertaining to the Commission should be fully reported. He was called by another Commissioner a year ago and was told things he believed may have entered the realm of Code of Ethics violation. He should have reported it to his colleagues at the time. Because it happened, and it has happened again on several occasions, he felt obliged to divulge the conversation during a public meeting. VC/Nelson said he did not know the Code of Ethics that well but his preference would be not to ignore C/Lee's concerns but to have the Commission do its work MARCH 24, 2009 PAGE 6 PLANNING COMMISSION moving forward without the kind of dysfunction. While he honored C/Lee's request to have the matter looked into by legal counsel, he did not see any benefit to having Chair/Torng to step down until there was a discussion and ruling. VC/Nelson said he believed that what the Commission did was completely above- board, completely ethical and was the Commissions' desire. The Commission has business to conduct and he would not want C/Lee's concern to stand in the way of that happening. C/Lee said he respected VC/Nelson's comments but that he did not feel comfortable and would like a legal opinion on the matter. C/Shah said that he was concerned that the discussion took place a year ago but was not brought up previously and it is being brought up now. He agreed with VC/Nelson that the Commission should continue with its business because it completed the process of selecting a chair and vice chair according to protocol and until such time as a legal opinion is rendered and different actions might be required the Commission should move forward with its business. C/Lee pointed out that these types of conversations occurred on several occasions and with each conversation he grew more concerned that he should bring this matter to light rather than risk a Code of Ethics violation. When it happened again after last month's reorganization he was determined to speak out about the matter. However, because he respects the comments of his colleagues about the matter of approving the minutes he will abide by their wishes. Chair/Torng asked for ACDD/Gubman's input. ACDD/Gubman said that it would be the Commission's choice whether to approve or continue the decision regarding the minutes to the next meeting but approving the minutes is nothing more than affirming that the minutes provided in the agenda packet is a factual documentation of what occurred at the meeting on March 10. If the Commissioners concur that the minutes comprise a factual record of the last meeting that stands on its own merits, the Commission can approve the minutes accordingly. Certainly a request for a legal opinion can be made. He is not qualified to render an opinion so he would need to defer the matter to the City Attorney and he will take his guidance and report back to the Commission or invite the City Attorney to attend the next meeting to discuss the matter. Pending guidance from the City Attorney he would not be able to advise the Chair to step down or vote for or appoint a new Chair. There is no basis for him to suggest that there should be any reorganization of the Commission this evening. ACDD/Gubman stated that regarding the selection of the Chair and Vice Chair during the last meeting as he recalls, Commissioner Nolan made the motion for MARCH 24, 2009 PAGE 7 PLANNING COMMISSION Vice Chair and Commissioner Torng seconded the motion. Immediately after C/Noian's nomination, there was no second to the nomination on the floor, and it was his perception that Chair/Torng seconded the motion in order to enable the Commission to call for the question on the motion. So he does not believe there was any improper conduct in Chair/Torng's desire to call for the question because all of the Commissioners had a choice to vote as they choose. Beyond that, if there was any impropriety the Commission would have to listen to the City Attorney's advice on that matter. VC/Nelson suggested that the City Attorney attend the April 14 meeting. He said he realizes that it involves an investment on the part of the City but he believed it would pay dividends in terms of this Commission not having any dysfunction in it. Chair/Torng deferred to ACDD/Gubman and VC/Nelson. If the attorney believes something illegal has occurred and he needs to step down, he will happily step down. In the meantime, he believed the Commission should approve the minutes based on the merit of the document. Action will be taken on other items that may need to change in the future. C/Shah moved, VC/Nelson seconded, to approve the Minutes of the Regular Meeting of March 24, 2009, meeting as corrected. C/Lee restated his position and said he would defer to the wishes of C/Shah and VC/Nelson and move forward. He asked that the entire matter be dropped and that the attorney not be summoned to the next meeting. Chair/Torng called for the vote to continue. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Shah, VC/Nelson, Lee, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah said he served on the Traffic and Transportation Commission and others have served on other Commissions in various capacities here and in other cities. While he appreciates C/Lee's desire and passion the Commission needs to move forward to serve the community in the best manner possible. He further stated that the Commissioners should never ever forget why they are here. C/Shah stated that the Commissioners are not here for money; not here for glory, but here to serve the community and that's the reason the Commissioners volunteer their time. He thanked his fellow Commissioners MARCH 24, 2009 PAGE 8 PLANNING COMMISSION and thanked C/Lee for dropping the matter and hoped his colleagues could work together to serve the community. He applauded all of his colleagues for understanding their commitment and for moving forward. VC/Nelson commended C/Shah on his comments. He said that whether one is Vice Chairman or Chairman there are five opinions and five votes, all of which are equal and all make a very significant contribution to the dealings of this community. He thanked C/Lee for his cooperation and for his wishing to move forward. Chair/Torng said that to be a Commissioner and a volunteer is a learning process. He admitted this is the worst thing that has happened to him because he always treasured the friendship and opportunity to work with his colleagues. Perhaps he should speak more truthfully and last year he did not. Last year when he called C/Lee he believed that was the case but he has since changed because he believes that to be a Chair and Vice Chair that in addition to the experience there must be cooperation and negotiation and everyone must work together. He has begun to feel that way so this year he did not call and he did not invite people to vote a certain way because after his surgery last year he started to feel that everything was much lighter to him. To be a Chair is a very great experience for him and he treasures the opportunity. At the last meeting when he was elected with everyone voting for him he appreciated it. When Commissioner Nelson was nominated to serve as Vice Chairman he supported the nomination because everyone is judged on his merits. Everyone is capable of doing the job but in thinking about the responsibility and who would support him he believed that Commissioner Nelson was a good choice so he believed it should go for a vote and see how the Commissioners felt. No matter what, the most important ingredient is the friendship and the chance to work together. Maybe he should have called Commissioner Lee afterthe last meeting but he did not. He believed it should be fine for two Commissioners to talk with each other. He said he would try to discuss his feelings honestly and if C/Nolan had nominated C/Lee he would have seconded the motion as well. If someone is convinced that a colleague is worthy to serve as Vice Chair he will support the nomination. Also very important in addition to friendship is that the Commission's mission is to conduct its business. He hoped that all of his colleagues could work together to get the job done as needed and if there are any misunderstandings everyone can forgive those misunderstandings and move forward and work together happily. He welcomes everyone to give him pointers and he will do his best to correct his mistakes. 10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. ACDD/Gubman said he would be at the Planners Institute in Anaheim tomorrow, Thursday and Friday and was glad that C/Nolan was able to attend and they would report back to the Commission at its next meeting. e MARCH 24, 2009 PAGE 9 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 8:05 p.m. The foregoing minutes are hereby approved this 28th day of April, 2009. Attest: Respectfully Submitted, Greg Gubman Acting Community Development Director Tony Torng, Chairman PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117--www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: April 28, 2009 CASE/FILE NUMBER: Development Review No. 2007-11, Minor Conditional Use Permit 2007-07 and Minor Variance 2007-03. PROJECT LOCATION: 22438 Golden Springs Drive, northwest corner of Golden Springs Drive and Lavender, in the Diamond Bar Village (Target/Chili's) shopping center. APPLICATION REQUEST PROPERTY OWNERS APPLICANTS: Extension of time for construction of a new 4,739 square foot commercial building with a drive- through. CFT Developments, LLC 1683 Walnut Grove Avenue, Rosemead, CA 91770 Charlie Chen, CFT Developments, LLC 1683 Walnut Grove Avenue, Rosemead, CA 91770 STAFF RECOMMENDATION: Approval BACKGROUND: On April 10, 2007, the Planning Commission approved Development Review 2007-11, Minor Conditional Use Permit 2007-07 and Minor Variance 2007-03 for the development of a new 4,739 square foot commercial building with a drive-through in the Diamond Bar Village (Target/Chili's) shopping center. This approval included an initial two-year expiration date for the applicant to commence construction. The staff report and resolution from the April 10, 2007, meeting are included in Attachment B. Since the time that the project was approved, the original tenant commitments were withdrawn, and the applicant has been unable to move forward with the project. ANALYSIS: A. Review Authority (DBMC § 22.66) An extension of time may be granted up to a maximum of one year when a request for an extension of time, with good cause, is submitted to the Community Development Department. Because the applicant has been unable to secure tenants and start construction prior to the expiration date of the Planning Commission approval, the applicant submitted a request for an extension of time to the City on March 23, 2009. 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. 2007-21 will not change with the approval of an extension of time. B. Project Status The applicants have been unable to begin the permit process due to economic hardships. The high construction costs and lack of commitment of a tenant has resulted in construction being delayed. The applicants have been in contact with City staff while they work to secure a tenant, and anticipate construction beginning in 2010. Because the applicants have demonstrated that they need more time and have diligently been working with the Community Development Department, staff supports the applicants' request for a one-year extension of time. ENVIRONMENTAL ASSESSMENT: On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Report for the Diamond Bar Village Specific Plan and related General Plan, Zone Change, and Development Agreement. No further environmental review is required to extend the time limit for the approved project. Page 2 DR 2007-11, MCUP 2007-07, MV 2007-03 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. 2007-11, Minor Conditional Use Permit 2007-07 and Minor Variance 2007-03, based on the Findings of Fact, and subject to the conditions of approval, and Standard Conditions as listed within the attached resolution (Attachment A). Prepared by: XK�atherine Lauf n u er Senior Planner Attachments: Reviewed by Greg GAM -an, AICP Acting Community Development Director A. Draft Resolution of Approval B. April 10, 2007, Planning Commission staff report and Resolution 2007-21 Page 3 DR 2007-11, MCUP 2007-07, MV 2007-03 PLANNING COMMISSION RESOLUTION NO. 2009 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE-YEAR EXTENSION OF TIME FOR DEVELOPMENT REVIEW NO. 2007-11, MINOR CONDITIONAL USE PERMIT NO. 2007-07 AND MINOR VARIANCE NO. 2007-03 FOR THE CONSTRUCTION OF A 4,739 SQUARE -FOOT COMERICAL BUILDING WITH A DRIVE-THROUGH RESTAURANT AT 22438 GOLDEN SPRINGS DRIVE (ASSESOR'S PARCEL NUMBER 8293-045-130) A. RECITALS. On April 10, 2007, Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 were approved by the Planning Commission to allow the construction of an approximately 4,700 square -foot commercial building with a drive-through restaurant at the northeast corner of Lavender and Golden Springs Drive in the Diamond Bar Vil!age Shopping Center, 22438 Golden Springs Drive ("Project"). This approval included an initial two-year expiration date for the applicant to commence construction. 2. Section 22.66.050 of the Diamond Bar Municipal Code authorizes the Planning Commission to granttime extension for approved projects, provided that certain findings can be made to establish good cause for such time extensions. 3. Applicant, Charlie Shen, on behalf of CFT Developments, LLC, has filed a request for a one-year extension of time for the Project. 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 the 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 28, 2009, 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. On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Report for the Diamond Bar Village Specific Plan and related General Plan, Zone Change, and Development Agreement. No further environmental review is required to extend the time limit for the approved project. 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: Extension of Time Findings (a) 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 Tentative Parcel Map; There have been no changes to the provision of the General Plan, any applicable specific plan, or Subdivision Ordinance. The construction of a commercial building with a drive-through is consistent with the zoning designation and will not be altered in any way by approving the requested extension of time and all conditions of approval adopted by City Council Resolution No. 2007-21 will remain in full force and effect. (g) There have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Title (Subdivision Ordinance) or the Development Code apply to the project; Since the Planning Commission approval of the Project, there have been no changes to the character of the site or its surroundings that affect how the policies of the General Plan or other standards of this Title or the Development Code apply to the project. (h) There have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. Since the Planning Commission approved the project there have been no changes to the capacities of community resources, including but not limited to water supply, sewage treatment or disposal facilities, roads or schools so that there is no longer sufficient remaining capacity to serve the project. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: 2 Development Review No. 2007-11, One -Year Extension of Time (a) The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. (b) All conditions of approval for Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 approved by Planning Commission Resolution No. 2007-21 shall remain in full force and effect except as amended herein. (c) This approval shall extend the expiration date of Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 to April 10, 2010. 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: Charlie Shen, CFT Developments LLC, 1683 Grove Avenue, Rosemead CA 91770. APPROVED AND ADOPTED THIS 28TH OF APRIL 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Tony Torng, 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 28th day of April, 2009, by the following vote: AYES: COMISSIONERS: NOES: COMISSIONERS: ABSENT: COMISSIONERS: ABSTAIN: COMISSIONERS: ATTEST: Greg Gubman, Secretary 3 Development Review No. 2007-11, One -Year Extension of Time Exhibit "B" PLANNING COMMISSION AGENDA REPORT �g9 CITY OF DIAMOND BAR - 21825 COPLEY DRIVE -- DIAMOND BAR, CA 91765 -- TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 1. _�-- MEETING DATE: April 10, 2007 CASE/FILE NUMBER: DR 2007-11, MCUP 2007-07 & MV 2007-03 PROJECT LOCATION: 22438 Golden Springs Drive (southwest corner of Golden Springs and Grand Avenue) APPLICATION REQUEST: To construct a 4,739 -square -foot commercial building with a drive-through facility and to approve sign locations PROPERTY OWNERS: Target Corporation 1000 Nicollet Mall Minneapolis, MN 55403 APPLICANT: David Kuo 984 Crystal Water Lane Walnut, CA 91789 STAFF RECOMMENDATION: Approve with conditions. BACKGROUND: The applicant is proposing to construct a new 4,739 -square -foot single -story commercial building with two fast food restaurant spaces, one of which will have a drive through, and a retail space. The restaurant tenant located on the north side of the building will be Panda Express. The drive-through restaurant and retail tenants have not been identified. The project site is located within the Diamond Bar Village shopping center situated on the corner of Golden Springs and Grand Avenue. It is presently occupied by an existing Target store, parking lot, and two vacant commercial pads. In January, the Planning Commission approved a Chili's restaurant on the vacant parcel located on the corner of Golden Springs and Grand Avenue. The Panda Express building will be located on the third parcel at Lavender Drive and Golden Springs Drive. ANALYSIS: A. Review Authority (Sections 22.10.030, 22.58, and 22.48) The proposed project involves the following applications: 1. Minor Conditional Use Permit No. 2007-07 is required for a drive-through restaurant. 2. Minor Variance No. 2007-03 for less than the required drive-through lane width. 3. Development Review No. 2007-11 is required for construction of a new commercial building. B. Site and Surrounding General Plan, Zoning and Uses C. _Minor Conditional Use Permit (Section 22.58 and 22.10.030): A minor conditional use permit is required for drive-through restaurants located within the Diamond Bar Village Specific Plan. The drive-through lane will begin on the north side of the building, and then circle around to the rear and onto the south side of Page 2 (Project No. MUP 2007-0(, DR 2007-11 & MV 2007-03) General Plan Zone Uses Site Planning Area — 3 Specific Plan (Sub- Vacant /Specific Plan Planning Area 1) North GC (Golf Course) O -S (Open Space) Golf course South Planning Area — 3 Specific Plan — (Sub- Target store /Specific Plan Planning Area 1) West Planning Area — 3 Specific Plan — (Sub- Calvary Chapel /Specific Plan Planning Area 1) East Planning Area — 3 Specific Plan — (Sub- Target parking lot and /Specific Plan Planning Area 1) vacant pad C. _Minor Conditional Use Permit (Section 22.58 and 22.10.030): A minor conditional use permit is required for drive-through restaurants located within the Diamond Bar Village Specific Plan. The drive-through lane will begin on the north side of the building, and then circle around to the rear and onto the south side of Page 2 (Project No. MUP 2007-0(, DR 2007-11 & MV 2007-03) the building where it will exit into the parking lot. The drive-through window will be located on the south elevation. The drive-through lane will accommodate approximately 12 vehicles in the queue. A condition of approval requires the developer to place traffic control such as stop signs at appropriate locations subject to Community Development Director review and approval. C. Minor Variance (Section 22.52): The required width for a drive-through lane is 12 feet. The proposed 11 -foot width requires a minor variance. The site is constrained by steep slopes and existing tall retaining walls. To enlarge the width of the drive-through to 12 feet, a new retaining wall will be required to increase the level pad for construction. Therefore, there are special circumstances applicable to this site that make it impractical to require compliance with the 12 - foot width driveway standard. D. Development Review (Section 22.48): The proposed project is designed according to the applicable development standards and design guidelines contained in the Development Code and Diamond Bar Village Specific Plan. The following table discusses the project's consistency with the applicable standards. 1. Diamond Bar Village Specific Plan Development Standards for Commercial-Retailllnstitutional (Sub -Planning Area 1): Development Standard Proposed Meets Requirements 170,000 sf max. floor area 130,600 sf Target Yes for PA -1 6372 sf Chili's 4,739 sf proposed 141,711 sf total FAR 1.0 max. .16 Yes Building setbacks: 45' Yes Northerly property line (Golden Springs): 20' Interior side setback: None 73' Yes Street side setback: 20' 32' Yes Rear setback: None 39' Yes Parking lot setback from 20' Yes Golden Springs: 20' min. Maximum bldg. ht.: 50' 27' Yes Parking (1/100 for fast food 44 (19 spaces on- Yes (See discussion and 1/250 retail): 44 min. site and 25 spaces below.) within Target parking lot) Drive-through lane width: 11' Needs Minor Variance 12' min. (See discussion below.) Page 3 (Project No. MUP 2007-07, DR 2007-11 & MV 2007-03) 2. Site Plan: The orientation of the building is consistent with the approved Diamond Bar Village Specific Plan. Access to the site is from Grand Avenue and Golden Springs Drive. The drive-through lane enters and exits into the parking lot area and, therefore, will not directly intersect with a public or private street. The queuing space is sufficient to accommodate approximately 12 vehicles. Cars queuing in the drive-through lane will be screened from view from the street by a landscape hedge. The applicant has provided an analysis of delivery truck circulation that shows sufficient area for turning radius on the site. The applicant has also provided sufficient turning radii in the drive-through aisle for vehicles to negotiate the turns. 3. Parking: A total of 44 parking spaces (36 for fast food restaurant area, three for the outdoor dining area and four for the retail area) will be required for the project. The following is an analysis of the Diamond Bar Village shopping center parking requirements: Chili's restaurant 55 Target 436 Panda Express buildinq 44 Total required parking 535 Total provided on shopping center site 560 Therefore, the Target parking lot has sufficient spaces for the proposed project. A reciprocal parking and access agreement has been recorded for the shopping center site. 4. Architectural Features Colors Materials Floor Plan etc. The proposed design of the building is consistent and compatible with the architectural theme established by the Target and Chili's. Significant architectural elements include tower elements at either corner of the front fagade, stacked stone columns and wainscoting, fabric awnings and decorative cornice treatment. Although the rear elevation is less detailed, the landscaping will add additional interest to the elevation. The architecture style, detailing and landscaping result in an aesthetically pleasing building that complements the other buildings on the shopping center site. 5. Landscape and hardscape: The applicant has provided a conceptual landscape plan that shows landscaping will be provided in the area immediately surrounding the proposed building. The remaining portions of the setbacks have existing landscaping. The landscaping in front of the front elevation will consist of shrubs and accent trees that will serve to Page 4 (Project No. MUP 2007-07, DR 2007-11 & MV 2007-03) soften the building's appearance. The north, west and south elevations will also receive additional landscaping adjacent to the building. The drive- through lane is proposed to be screened with a low dense growth hedge. The applicant indicated that a low wall consisting of split face block and stacked stone pilasters will need to be provided at the edge of the drive- through lane for safety reasons. A condition of approval has been added to the resolution requiring that the design of the wall be reviewed and approved by the Community Development Director. Two small patio areas for outdoor dining are proposed to be located in front of the building next to the restaurant entrances. The outdoor dining areas are proposed to have decorative paving. The proposed landscaping will soften the appearance of the building and provide emphasis to the main fagade. The outdoor dining areas will provide additional interest and enliven the front of the building. 6. Signage: A comprehensive Sign Program was approved for the Target Center. The approved sign criteria for the restaurant pad require that the proposed walls signs be reviewed as part of the design review of the building as to the size, the sign area and their proportion to the building. The following is a detailed description of each sign and the analysis of its placement and sign area: a Pro_ osed_ Type p ' Location Quantity Sign Area_ Meets Code_ _ y 1 42.5 sf 1_Panda North elevation Yes. Express round logo and "Panda Express" text 2. Panda East (front) 1 49 sf Exceeds max. area. Express round elevation logo 3. Panda West elevation 1 42.5 sf No. Exceeds max. Express logo area of 33 sf_ with text a. Panda Express wall signs: The proposed Panda Express signs add interest to the building and are appropriately located in the tower element on the west and north elevations and on the wall on the rear elevation. As shown in the table, two of the proposed wall signs slightly exceed the maximum area allowed by the master sign plan. A condition of approval requires a sign permit be approved before installation so that they will meet the sign program requirements for area and number permitted. Page 5 (Project No, MUP 2007-07, DR 2007-11 & MV 2007-03) b. Wall signs for future tenants: Consistent with the sign program, each tenant will have one wall sign per elevation. The drive-through restaurant tenant sign is proposed to be located on the tower on the east (front) and south (side) elevations and on the wall on the west (rear) elevation. The middle tenant signs will be located above the store front on the east elevation and the wall at the west elevation. The number and location of the proposed signs appear to be appropriate and relate well to the building. The project is conditioned on the submittal of a sign permit application before installation to ensure compliance with all sign standards. 7. General Plan, Desiqn Guidelines and Compatibility with Neighborhood The project design is consistent with the following General Plan objectives: Objective 1.3 Designate land for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to meet the City's needs. The proposed restaurant and retail uses will provide additional dining and specialty retail choices to Target customers and other nearby office, institutional, and residential uses. Objective 3.2 Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping environment, and attracts interest of residents, workers, shoppers and visitors as the result of consistent exemplary design. The proposed project is consistent with this objective in that, as conditioned, it will provide a well-designed building that will blend with the surrounding area and will complement the design of the existing Target store and soon-to-be constructed Chili's restaurant. The proposed landscaping will further enhance the building and site. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune newspaper. 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. Page 6 (Project No. MUP 2D07-07, DR 2007-11 & MV 2007-03) ENVIRONMENTAL ASSESSMENT: On June 29, 2004, the City Council approved and certified an Addendum to the previously certified Environmental Impact Report (EIR). It is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resource Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines exists. Therefore, no subsequent or supplemental EIR or Mitigated Negative Declaration is required to be prepared. RECOMMENDATIONS: Staff recommends that the Planning Commission approve the project with conditions. &141 Prepared Sandra Campbell Contract Senior Planner Attachments: Nancy Fopg/ Community Development Director Draft resolution recommending approval of Minor Conditional Use Permit No. 2007-07, Minor Variance No. 2007-03, and Development Review No. 2007-11; 2. Exhibit "A" — Site plan, landscape plan, architectural elevations, grading plan, and sign plans Page 7 (Project No. MUP 2007-07, DR 2007-11 & MV 2007-03) PLANNING COMMISSION RESOLUTION NO. 2007-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 2007.11, MINOR CONDITIONAL USE PERMIT NO. 2007-07, MINOR VARIANCE NO. 2007-03 AND TO CONSTRUCT AN APPROXIMATELY 4700 - SQUARE -FOOT COMMERCIAL BUILDING WITH A DRIVE-THROUGH RESTAURANT ON A PROPERTY LOCATED AT 22438 GOLDEN SPRINGS DRIVE (APN NO. A PORTION OF 8293-045-008) A. RECITALS The applicant, David Kuo, has filed applications for Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 and for construction of an approximately 4,700 -square -foot commercial building with a drive-through restaurant on property located on the southwest corner of Golden Springs Drive and Grand Avenue, Diamond Bar, California. Hereinafter in this Resolution, the subject Minor Conditional Use Permit, Minor Variance and Development Review shall be referred to as the "Application." 2 Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and public hearing notices were mailed to property owners within a 700 -foot radius of the project site. Further, a public hearing notice display board was posted at the site and at three other locations within the project vicinity. 3 On April 10, 2007, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution does not require further CEQA review. On June 29, 2004, the City Council approved and certified an Addendum to the previously certified Environmental Impact Report (EIR). It is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resource Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines exists. Therefore, no subsequent or supplemental EIR or Mitigated Negative Declaration is required to be prepared. 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: MINOR CONDITIONAL USE PERMIT (MCUP) The proposed project is consistent with the required minor conditional use permit findings contained in Section 22.56.040 of the Development Code as follows: (a) 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. The proposed project involves construction of a new approximately 4,700 - square -foot commercial building with a drive-through restaurant. Drive- through restaurants are permitted with a minor conditional use permit. As conditioned, the project complies with applicable provisions . of the Development Code, Diamond Bar Village Specific Plan and Municipal Code. As conditioned and with the approval- of Minor Variance No. 2007-03, the project meets all the standards related to height, setbacks, parking, circulation, and landscaping requirements. (b) The proposed use is consistent with the general plan and any applicable specific plan; The project design is consistent with General Plan Objective 1.3 to, "Designate land for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to meet the City's needs." 2 Planning Commission Resolution No. 2007-21 The proposed restaurant and retail uses will provide additional dining and specialty retail choices to Target customers and forpersons occupying and residing in nearby office, institutional, and residential areas. The project is also consistent with General Plan Objective 3.2 to, "Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping environment, and attracts interest of residents, workers, shoppers and visitors as the result of consistent exemplary design." The proposed project is consistent with this objective in that, as conditioned, it will provide a well-designed building that will blend with the surrounding area and will complement the design of the existing Target store and soon- to-be constructed Chili's restaurant. The proposed landscaping will further enhance the building and site. The project is also consistent with the Diamond Bar Village Specific Plan with the approval of Minor Variance No. 2007-03. (c) The design, location, size, and operating characteristics of the proposed use are compatible with existing and future land uses in the vicinity. As conditioned, the proposed project is consistent with all applicable development standards in the Development Code and the Diamond Bar Village Specific Plan. The design of the building will allow the operation of a drive-through restaurant. The location of the drive-through lane will not enter onto any public roadway and will not interfere with on-site traffic circulation. Vehicles in the drive-through lane will be screened from public view by a low wall and landscaping along the outside of the lane. (d) The 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. As referenced above in items (a) through (c), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (e) Granting the minor conditional use permit will not be detrimental to the public interest, health, safety, convenience or welfare or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is located. As conditioned, the proposed project will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, 3 Planning Commission Resolution No. 2007-21 property, or improvements in the vicinity and zoning district. Before the issuance of any City permits, the proposed project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. Through the permit and inspection process, those agencies 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. (f) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project has been reviewed in compliance with CEQA and found that it will not require further review under CEQA. DEVELOPMENT REVIEW The design and layout of the proposed project are consistent with the findings required for approval of development review applications as follows: (g) As conditioned, the design and layout of the proposed project are consistent with the general plan, development standards of the zoning district, and design guidelines. The proposed project is consistent with the General Plan Land Use Element Objectives 1.3 and 3.2 as outlined in Section (b) above. As conditioned and with the approval of Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03, the project is consistent with development standards of the Diamond Bar Village Specific Plan. The proposed development will improve the appearance of the site and be compatible with existing surrounding development in the quality of the design of the commercial building and provision of landscaping that will enhance the site. The proposed building is also compatible with and complements the existing Target store and soon-to-be built Chili's restaurant building on the shopping center site. (h) As discussed above in Items (a) through (f), the design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. (i) As discussed above in Item (a), the architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and existing on-site Target store and soon-to-be built Chili's restaurant and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the Development Code, the Diamond Bar Village Specific Plan, the General Plan, and City Design Guidelines. 4 Planning Commission Resolution No. 2007-21 Q} As discussed above in Item (a), the design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through an aesthetic use of materials, texture, and color that will remain aesthetically appealing. (k) Before issuance of any City permits, the proposed project is required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. Through the permit and inspection process, those agencies 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. Additionally and because of the factors discussed above in Items (a) through (d) the proposed project will not have a negative affect on property values or in the vicinity. Minor Variance (1) There are special circumstances applicable to the property so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self-created hardship or unreasonable regulation that makes it obviously impractical to require compliance with the development standards. The variance is a request to reduce the width of the drive-through lane to 11 feet from the 12 feet required in Development Code Section 22.42.050. The strict application of the development standard would deny the property owner the same privileges enjoyed by adjacent property owners in terms of allowing for sufficient amount of space for the drive-through lane due to the slope. The site characteristics are such that there are steep slopes along the north, west and south property lines that prevent the applicant from providing the full -width of the drive-through lane. This area of the shopping centersite has the steepest slopes that raise the site to well above street level. The site characteristics are not shared by the other parcels at the Target shopping center. (m) Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property for which the variance is sought. The strict application of the development standard would deny the property owner the right to develop the property with sufficient width for the drive- through lane to serve the proposed restaurant. The adjacent parcels within the Target shopping center are not restricted by down slopes at the edges of the property to the extent that the subject site is. 5 Planning Commission Resolution No. 20D7-21 (n) Granting the variance is consistent with the general plan and any applicable specific plan. As described in Section 4(b), granting of the minor variance is consistent with General Plan Land Use Objectives 1.3 and 3.2. (o) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the city. The project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. Through the permit and inspection process, those agencies 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. Additionally and because of the factors discussed above in Items (I) through (o), the proposed project will not have a negative affect on property values or in the vicinity. . (p) The proposed entitlement has been reviewed in compliance with the provisions of CEQA. An EIR has been previously approved for the Diamond Bar Village Specific Plan and the proposed project is in conformance with the specil!c plan. As such, no further environmental review is necessary. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. General (1) The project shall substantially conform to title sheet, site plan, floor plan, elevations, landscape plan, comprehensive sign plan and details collectively labeled as Exhibit "A" dated April 10, 2007, as submitted to, amended herein, and approved by the Planning Commission. (2) 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 Planning Commission may review the minor conditional use permit. The Commission may revoke or modify the minor conditional use permit. (3) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's 6 Planning Commission Resolution No. 2007-21 approval, a fee for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. (4) The project shall be in compliance with pertinent conditions of approval for Parcel Map No. 61702. b. Planning Division (5) The operation of the restaurants/retail shall comply with the City's noise regulations (6) Provide screen wall of split face block wall with stacked stone pilasters with maximum height of 42" at the outer edge of the drive-through lane. The detailed plan shall be subject to the Community Development Director's review and approval before issuance of building permits. (7) Provide on-site traffic control measures such as stop signs at appropriate locations, such as the drive-through lane exit area, subject to the Community Development Director's review and approval. Provide other traffic control measures within the greater Diamond Bar Village Shopping Center site, such as stop signs and pavement markings on the on-site driveway that begins at Lavender Drive and exits at Grand Avenue, that would provide for safer pedestrian circulation between the Target parking lot and the subject site. Traffic control measures shall be subject to the Community Development Director's review and approval. The detailed plans shall be submitted for Community Development Director's review and approval prior to issuance of building permits. (8) Before issuance of any building permits, the applicant shall submitfor the Planning Division's review and approval a revised a sign plan that is consistent with the standards and guidelines contained in the Diamond Bar Village master sign plan and the City's Development Code where applicable. (9) Applicant shall submit an application for a sign permit for review and approval by the Planning Division before installation of any signs. Signs are subject to separate building and electrical permits. (10) Provide landscaping to screen the trash enclosure from public view. (11) All landscaping and irrigation shall be installed prior to final inspection and prior to issuance of Certificate of Occupancy. 7 Planning Commission Resolution No. 2007-21 (12) All tenants, contractors, etc. shall obtain a business registration with the City of Diamond Bar before start of work. (13) Upon inspection and if it is determined that the anticipated density of plant materials as shown on the approved plans do not fully address the intended purpose of screening, compliance with conditions of approval or aesthetics, the Community Development Director or designee may require the planting of up to 10 percent of the approved density of plant materials. (14) All outdoor lighting shall conform to current City requirements as specified in Section 22.16.050 of the Municipal Code. (15) The construction contractor shall abide by all requirements of the City Code related to noise, as specified in Diamond Bar Municipal Code Chapter 8.12. C. Public Works Department (16) All fair share traffic mitigation fees shall be paid in full prior to Building Permit Issuance. (17) A final as -graded geotechnical report certifying compaction of the building pad shall be submitted to the Engineering Department for review and approval before issuance of building permits. 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: David Kuo, 984 Crystal Water Lane, Walnut, CA 91789 APPROVED AND ADOPTED THIS 10TH DAY OF APRIL 2007, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: C—te Nelson, Chairman 8 Planning Commission Resolution No. 2007-21 I, Nancy Fong, 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 10th day of April 2007, by the following vote: AYES: Commissioners: VC/Torng, Lee, Nolan, Wei, Chair/Nelson NOES: Commissioners: None ABSENT: Commissioners: None ABSTAIN: Commissioners: None ATTEST: —J&9 Nancy-Fong,retary 9 Planning Commission Resolution No. 2007-21 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03 SUBJECT: Construction of an approximately 4,700 -square -foot commercial building with a drive-through restaurant APPLICANT: David Kuo, 984 Crystal Water Lane, Walnut, CA 91789 LOCATION: Southwest comer of Grand Avenue and Golden Springs Drive, Diamond Bar, CA 91765 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 Minor Conditional Use Permit No. 2007-07, Minor Variance No. 2007-03, and Development Review No. 2007-11 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. 10 Planning Commission Resolution No. 2007-21 (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2007-11, Minor Conditional Use Permit No. 2007-07 and Minor Variance No. 2007-03, 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 the Planning Commission Resolution No. 2007-21, 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. All site, grading, landscape, irrigation, and elevation plans 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. Applicant shall remove the public hearing notice board within three days of this project's approval. 11 Planning Commission Resolution No. 2007-21 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid 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 Minor Conditional Use Permit No. 2007-07, Minor Variance No. 2007-03, and Development Review No. 2007-11 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. 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" including: site plans, floor- plans, architectural elevations, exterior materials and colors, landscaping, comprehensive sign plan, and irrigation on file in the Planning Division, the conditions contained herein, Development Code regulations. 2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 3. All structures, including walls, 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. 12 Planning Commission Resolution No. 2007-21 F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash and recycling receptacles are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to Planning Division review and approval prior to the issuance of building permits. 4. Adequate capacity shall be provided for the trash and recycling enclosure design. Such requirements shall be based on the volume and tonnage generated by the development activity. For every trash bin needed, there must be enough space for an equivalent recycling bin shown on the plan as a one to one (1:1) ratio. Submit labeled location, orientation, dimensions, gates, pedestrian entry, and trash and recycling bin placement. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL An Erosion Control Plan shall be submitted clearly detailing erosion control measures. These measures shall be implemented during construction between October 1stand April 15th. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. 13 Planning Commission Resolution No. 2007-21 Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS The applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 2. All easements and flood hazard areas shall be clearly identified on the grading plan. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 5. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 6. Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the structure. 7. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 14 Planning Commission Resolufion No. 2007-21 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2004 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 4. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent. 5. 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. 6. Restaurants shall be equipped with grease interceptors. 7. All food establishments shall obtain County health and environmental waste permits. 8. Submit to Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 9. "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29. 15 Planning Commission Resolution No. 2007-21 11. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 12. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each space square foot b. Each building height C. Type of construction d. Sprinkler system e. Each space group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 13. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal. 14. Building setback from any slope (toe or top) shall meet Chapter 18 of the 2001 California Building Code. 15. Indicate all easements on the site plan. 16. All retaining walls shall be submitted to the Building & Safety and Public Work Departments for review and approval. 17. Fire Department approval shall be required. 18. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 19. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 20. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 21. Specify location of tempered glass as required by code. 22. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Provide guardrail connection detail (height, spacing, etc.) 23. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. 16 Planning Commission Resolution No. 2007-21 APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Submit two sets of architectural plans to the Fire Prevention Engineering offices located at 5823 Rickenbacker Road, Commerce, CA 90040. Plan sets shall contain a minimum of site plan, floor plan, elevations, door and window schedules and appropriate section details. Please provide architectural sheets only. No civil, electrical, mechanical, plumbing, etc. 2. Indicate on plans the Assessors Parcel Number, type of construction, building code occupancy classification, area of each floor and building area increase justification. 3. Provide a minimum unobstructed width of 26 feet, clear to the sky, fire department vehicular access, with approved turnaround, to within 150 feet of all portions of exterior walls. The access width shall be increased to 28 feet when proposed buildings, or portions of buildings, are more than 3 stories, or more than 35 feet in height. A 32 foot centerline turning radius is required at each change of direction in vehicle travel regardless of the required width. 4. On the site plan, show the location of all existing public fire hydrants within 300 feet of all property lines and call out the hydrant size and dimension to property lines. Also show any existing on-site fire hydrants as well. 5. The required fire flow for public fire hydrants at this location is 2000 gallons per minute at 20 p.s.i. for a duration of 2 hours over and above daily domestic demand. A 25% reduction in required flow may be applied for Type V-1 Hr. or greater construction and 25% for automatic fire sprinklers. The minimum reduced fire flow shall not be less than 2000 gallons per minute at 20 p.s.i. for a duration of 2 hours; and not less than 3500 gallons per minute at 20 p.s.i. for 3 hours when any structure exceeds 70,000 square feet in total building area. 6. Complete and return the original "Water Availability" Form No. 196 (attached). 7. Additional Requirements may be imposed, in accordance with applicable codes, regulations, standards and policies after the above information is reviewed. 141111 17 Planning Commission Resolution No. 2007-21 ii--------- ---------- ---------- ---------- ---------- ,, ---------- / \ V - [r \ « � � / , � � \� \ \ �! « «`\\ 2 % \LL z; -� \ \(9 \®\)� ft LL 0 p�E€���"f-,�IF- -I z€LL r-" Um ym f- % 1 r ! as .I I n • i N r� <<Looz as � � a yyygg�gggi � €€ G y3 � q m mmmmmmmmmm m m m m m 4 s �� L �x 4 •T L7 'i FFBMW ®$ a j \ � a mum �I .I MEN D mmmmmmmmmm m m m m m N {: co a � a �� I— m t4 P LL GW1 D mmmmmmmmmm m m m m m N co a M P GW1 a q b s-.cs 1 1 I I I I I I s g A9g I I I � I I ki ryK I m I I I I I I I \ I I I 1 I I I I I I I I 1 I I \ I 1 I I I I I � 1 I I I I I Ir I Y I _ 1 47 77 Y � itOND BRIO CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 -- TEL. (909) 839-7030 - FAX (909) 861-3117 ITEM NO.: 7.2 DATE: April 28, 2009 TO: Chairman and Members of the Planning Commission FROM: Greg Gubman, AICP, Acting Community Development Director SUBJECT: Conditional Use Permit No. 2009-01 PROJECT 2040 Brea Canyon Road, Suite 230 LOCATION: RECOMMENDATION: Staff recommends that the Planning Commission continue this matter to May 12, 2009, to allow the applicant additional time to comply with Section 22.72.0202 of the Development Code regarding noticing of the public hearing. The applicant was unable to post the site as required with a 4'x6' display board. 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I .•ry I r I I NO DELIVER I wroxrna Ha!:dnY Ili cll I J •.-•�� .Cc��c rS�rynaagE`: METHOD OF PAYMENT: 4a. 1720h- Federal Ageaoy Acct No. w &pros Mal Corporate Aoct No +'� Postal SeMce Acct No FROM: (PLEASE PRINn Y l ; �" 'i TO: (PLEASE PRBiF) PHONE ) -I PHONE ( ) r i..". �: � J i" , i F`•1 !bi l.Y:''4 'tet f.� d1 �+ r � � � � �„ 1� L � f � � ,.fir �W i r! ^....� '"T ¢¢ t r yd t-�,wR,vqi 91f4 CITY OF DIAMOND BAR 4" NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On April 28, 2009, 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 24, 2009, 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 24, 2009, at Diamond Bar, California. d Stella Marquez Community Devel ent Department g:\\aff idavitpos ting. doe