The URL can be used to link to this page

Home My WebLink About06/23/2009a i n - 1 i rr I \Ar\ Ff Y f 3 4 �.. <I\ K PLANNING COMMISSI• z FILE Copy AGENDA June 23, 11' WORKSHOP - 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 file in the Planning Division of the Community Development Department, located at 21825 Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 839-7030 during regular business hours. 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 accommodations) 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. s 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, June 23, 2009 CALL TO ORDER: Next Resolution No. 2009-10 AGENDA South Coast Air Quality Management District/Government Center, Room CC -8 21865 Copley, Diamond Bar, CA 6:00 p.m. Reviewing Environmental Impact Reports 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 AUDIENCEIPUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Planning Commission. 3. APPROVAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: May 26, 2009. JUNE 23, 2009 PAGE 2 PLANNING COMMISSION AGENDA 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. PUBLIC HEARING(S): 7.1 Development Review No 2007-13 and Minor Conditional Use Permit No.2007-08 — Under the authority of Diamond Bar Municipal Code Section 22.48 and 22.56, the applicant is requesting approval to construct a 5,035 square -foot, four level addition to an existing 4,035 square -foot two-story single family residence on an 85,983 square -foot (1.97 acre) Rural Residential (RR) zoned parcel of land with a consistent underlying General Plan Land Use designation. A Minor Conditional Use Permit is requested to allow the expansion of an existing non -conforming structure. Project Address: 22909 Lazy Trail (Tract 30091, Lot 153, APN 8713-029-009) Property Owner: Ankur H. Shah 22909 Lazy Trail Road Diamond Bar, CA 91765 Applicant: B&D Construction 1472 Avenida Loma Vista San Dimas; CA 91773 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 under Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2007-13 and Minor Conditional Use Permit No. 2007-08, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Development Review. No. 2008-20 - Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant is requesting approval to construct an 851 first floor addition and 1,087 square foot second floor addition to the front of the existing multi -story 8,936 square foot single family residence on a JUNE 23, 2009 PAGE 3 PLANNING COMMISSION AGENDA 43,797 square foot Rural Residential (RR) zoned parcel of land with an consistent underlying General Plan Land Use designation. Project Address: 2677 Wagon Train Ln. (Tract 30578, Lot 55; APN 8713-012-018) Property Owner: Marie and Jorge Navarro 2677 Wagon Train Lane Diamond Bar, CA 91765 Applicant: Total Engineering Solutions 24000 Alicia Pkwy Suite 17#284 Newport Beach, CA 92660 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 under Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2008-20, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.3 Conditional Use Permit No. 2009-02 - Under the authority of Diamond Bar Municipal Code Section 22.58, 1 n Dance has submitted a request to establish a dance studio providing instruction for all age groups. The subject property is zoned C-2 (Community Commercial) with an underlying General Plan designation of General Commercial. Approval of a Conditional Use Permit is required to establish educational uses in a C-2 zone. Project Address: Diamond Bar Village Shopping Center (APN 8717-008-185) 367 Diamond Bar Blvd Property Owner: Diamond Bar Village Associates, Ltd. 10877 Wilshire Blvd, Suite 1105 Los Angeles, CA 90024 Applicant: 1 na Dance 2707 South Diamond Bar Blvd, Suite 205 Diamond Bar, CA 91765 JUNE 23, 2009 PAGE 4 PLANNING COMMISSION AGENDA Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301 (Existing Facilities) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2009-02, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.4 Temporary Use Permit No. 2009-01 - Under the authority of Development Code Section 22.50, the applicant is requesting approval to hold a four-day family festival that will accommodate carnival rides, booths, live entertainment, a food court, and a beer garden at the Diamond Bar Pony Baseball Fields. The proposed event calendar is as follows: m Thursday, July 23 — 5pm to 10pm ® Friday, July 24 — 2pm to 11 pm • Saturday, July 25 — 2 pm to 11 pm ® Sunday July 26 — 2pm to 9pm Project Address: 22601 Sunset Crossing Drive (APN 8718-005-005) Property Owner: Diamond Bar Pony Baseball 22601 Sunset Crossing Drive Diamond Bar, CA 91765 Applicant: Diamond Bar Pony Baseball PO Box 4113 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), as prescribed under Section 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment, including carnivals). Recommendation: Staff recommends that the Planning Commission approve Temporary Use Permit No. 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: JUNE 23, 2009 10. PAGE 5 PLANNING COMMISSION AGENDA STAFF COMMENTS / INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects: SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: 4TH OF JULY HOLIDAY: 4TH OF JULY BLAST: CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PLANNING COMMISSION MEETING: 11. ADJOURNMENT: Thursday, June 25, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive City offices will be closed Friday, July 3, 2009, in observance of Independence Day. City offices will re -open on Monday, July 6, 2009. Saturday, July 4, 2009 — 5:00 p.m. Diamond Bar High School 21400 Pathfinder Rd. Fireworks begin at 9:00 p.m. Tuesday, July 7, 2009 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, July 9, 2009 — 7:00 p.m. Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, July 14, 2009 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive An Overview of f EQA ii Tips for �: • Reviewing fit V f E , an _ .. E THE BASIC PURPOSES OF CEQA The Basic Purposes of CEQA are to: 1. Inform governmental decision -makers and the public about the potential, significant environmental effects of proposed activities. 2. Identify the ways that environmental damage can be avoided or significantly reduced. 3. Prevent significant, avoidable damage to the environment by requiring changes in projects through the use of alternatives or mitigation measures when the governmental agency finds the changes to be feasible. 4. Disclose to the public the reasons why a governmental agency approved the project in the manner the agency chose if significant environmental effects are involved. (California State CEQA Guidelines Section 15002) The purpose of CEQA is not to generate paper, but to compel government at all levels to make decisions with environmental consequences in mind. (Bozung v. LAFCO (1975) 13 Cal.3d 263) 2 CEQA is an Obiective Process to Disclose and Minimize Environmental Damage flmm��[ CEQA is an Obiective Process to Disclose and Minimize Environmental Damage 1 1 1 D! -- -4 W 'Oil IF, M The purpose of the EIR is to inform other governmental agencies and the public generally of the environmental impact of a proposed project (No Oil, Inc. v. City of Los Angeles, 13 Cal. 3d 68) 4 EIRs are not required for all projects Exemptions a Negative Declarations CEQA does not require technical perfection in an EIR, but rather adequacy, completeness, and.a good -faith effort at full disclosure. A court does not pass upon the correctness of an EIR's environmental conclusions, but only determines if the EIR is sufficient as an informational document. (CEQA Guidelines §15151) (Kings County Farm Bureau v. City of Hanford) (1990) 221 Cal.App.3d 692) 5 The text of draft EIRs should normally be less than 150 pages, and for proposals of unusual scope or complexity should normally be less than 300 pages. (CEQA Guidelines Section 15141) EIRs should be written in plain language and may use appropriate graphics so that decision -makers and the public can rapidly understand the documents. (California CEQA Guidelines Section 15140) !01 CEQA requires that decisions be informed and balanced. It must not be subverted into an instrument for the oppression and delay of social, economic, or recreational development or advancement. (Laurel Heights Improvement Assoc. v. Regents of U. C.(1 993) 6 Cal.4th 1112 and Citizens of Goleta Valley v. Board Supervisors (1990) 52 Cal.3d 553) AM" MIXTA1,110M `0 Contents of an EIR: 1. Introduction/Executive Summary 2. Project Description 3. Project Objectives 4. Thresholds ofSignificance 5. Impact Analysis 6. Mitigation Measures 7. Ultimate Impact After Mitigation 8. Cumulative Impacts 0. Alternatives �DRAFT EIR &TECHNICAL APPENDICES 45-daypublic review period �FINAL EIR: —Dn*ftEIR Technical Appendices — Comments and Responses to the Draft EIR Eight tips for effectively reading and EIR 1. The Role of the EIR in the ®ecisionrnaking Process A public agency shall not decide to approve or carry out a project for which an EIR was prepared unless either: (A) The project as approved will not have a significant effect on the environment, or (B) The agency has: (1) Eliminated or substantially lessened all significant effects on the environment where feasible; and (2) Determined that any remaining significant effects on the environment found to be unavoidable are acceptable due to overriding concerns. (California CEQA Guidelines Section 15092) M 1. The Role of the EIR in the ®ecisionmaking Process Questions that should be asked as you are reading the EIR: Has the EIR identified each of the significant impacts of the Project — if so, have they been mitigated? — If so, do you think that the mitigation measures are a good idea? — If not, why not? Is there a good reason that mitigation measures or alternatives have not been adopted? — Is the project worthwhile? Do the benefits outweigh the environmental impact being brought about by the project? 2. Thresholds of Significanc — Understand the Trigger i 10 3. Evaluate the gation Measures 3. Evaluate the Mitigation Measures A public agency shall provide the measures or avoid significant effects on the environment are fully enforceable through permit conditions, agreements or other measures. (California Public Resources Code Section 21081.6) 11 3. Evaluate the Mitigation Measures For each mitigation measure you have 3 choices: 1. Adopt the mitigation measure 2. Make a finding that the mitigation measure is not within your jurisdiction, but within the jurisdiction of another agency. 3. Determine that specific economic, legal, social, technological, or other considerations, including the provision of employment opportunities for highly trained workers, make the mitigation measure infeasible. (California CEQA Guidelines Section 15091) 3. Evaluate the Mitigation Measures Is the mitigation measure socially unacceptable? 12 I P. Focus on the Impact after Mitigation 5. Understand the Project Objectives 13 5. Understand the Project Objectives Each project description. should include a statement of the objectives sought by the project. The statement of objectives will help the lead agency develop a reasonable range of alternatives to evaluate in the EIR. (California CEQA Guidelines Section 15124) 14 The Alternatives Analysis is crucial tool in determining the true iD0p8Ct3 of the project, ranging from OO project whatsoever, tOarange Ofother projects that could feasibly occur which may have lesser impacts than the project proposed 6. Alternatives "No Project" Alternative The "No� -ernabveshall discuss the existing conditions a1thebrnethenuUneof preparation ispublished eewell aawhat would reasonable beexpected tooccur inthe foreseeable future ifthe project vvenanot approved. California CEQA Guidelines Section 15126.6 15 6. Alternatives The range of potential alternatives shall include those that could feasibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more significant impacts. (California CEQA Guidelines Section 15126.6(c)) 7. Cumulative Impacts — Look for the Forest A Cumulative Impact is the combined impact of the proposed project in combination with other projects that will produce similar impacts. (California CEQA Guidelines Section 15355) 16 8. The Final EIR: Comments and Responses to Comments Every comment that raises environmental issues must receive a written response. (California CEQA Guidelines Section 15088) Keep your objectives in mind The "Statement of Overriding Considerations" CEQA requires the decision-making agency to balance, as applicable, the economic, legal, social, technological, or other benefits of a proposed project against its unavoidable environmental risks when determining whether to approve the project. If the specific economic, legal, social, technological, or other benefits of a proposal outweigh the unavoidable adverse environmental effects, the adverse environmental effects may be considered "acceptable." (California CEQA Guidelines Section 15093) 17 8. Don't Look for All of the Answers in the EIR Economic and Social Information may be included in the EIR or may be presented in any other form. (California CEQA Guidblines Section 15131) Tabletop Exercise: The Site "D" Draft EIR 18 EnvlromneataI Impact Repert 2007.02 i ra Envlronncntell Irlpcct i;epwt ;`S@te D" Sperift . Han SCH t;o. 2006021014 General PlanAmendmenf t',o. 207-03 specific Flz N., 2007-01 Tcp Wlivc t iap tdo. 7D08 T �a 4> r � Gi1+,+cfC p�6nr cY.ya1 D1 i • 1 ..Ixt Unlfl � . vIp�4M1i4 TABLE OF QO'NTE'N'TS „_.Eiolcgmal a 5, Reso 4-5.1 EirArcomerarif Setting . S&1-1 S 7.1 Ngttl.tcrysatW112 Federal En'arngsred Species AC �� _..I F. J ml Clean W ncct r d ml t1,5m{a; Eird: Treat/ Act =5-� Ceifomia Enclana r d Sperms Act C„'+lifomia Fis[, and G arc Code `^3, Gly of Diamond B,, relle I PlanCity of Diamond Bar 1'uncipal Code. F-5 5.7.2Regidma1 .5.1.3 Local S.11ing 6iolr.Jical R=sorw ses. - s-asmcnt T F e Survey F=_pc d * ,. <. Jurfsictl na! Cle6ir .lion _.rr_a r.26 '.. d 5_2 11 asho-ld S.ai 1Sc.cc r Hfaaa. 4-5-34 4.0 tmj;art Analyses a 3.1 C.mstructl Impacts 45d1 ..5.3.20p •ahonal laxpac`s Cumull tmpacle a.,• -aa 4 r ' Project ion iEons aid MfgaEon: tsieasufes 45416 7 c, SigniilG':nce Unavoidable Ad,.:.e Effects 4.6, 13 Fp-It-go" and Circulaticn /,•G-/ 4.G.1 Enpironnerf J S Ging: 1P-7 tatPqublory Setng Gdfan-,ia Gavamm=_nt Code - - City of Ci.lord General Plan 4.6-1 Cit yo; Cismord Ear l4unicipal Co:Ie 19 Provides a comprehensive synopsis of the analysis and conclusions that follow in the DER "P.Cift PW nsry 2a:' -esti 20 --- ---------- Stn WftI — nsry 2a:' -esti 20 CHAPTER 2 Project Description Project Objectives: Require that new development be compatible with surrounding land uses (Strategy 2.2.1, Land Use Element). Balance the retention of the natural environment with its conversion to urban form (Strategy 3.3.1, Land Use Element). District desires the disposition of the School Property to yield the maximum return to the District for the benefit of its constituents and its educational mission. City desires that the School Property and the City Property be developed in a manner as to assure compatibility with and to meet the needs of the surrounding area and to provide a desirable level of sales tax revenues to the City. CHAPTER 2 Project Description Project Objectives: _ With regards to the project site, pursue the establishment of site-specific land -use policies that allow, in reasonably comparable acreage, the development of both commercial and residential uses of the property, accommodating the provision of additional housing opportunities and the introduction of revenue -generating uses. Establish a specific plan as the guiding land -use policy mechanism to define the nature and intensity of future development and to establish design and development parameters for the protect site, so as to allow conveyance of the subject property to one or more developers and/or master builders andprovide to the purchasers reasonable assurance as to the uses that would be authorized on the project site and the nature of those exactions required for those uses. 21 CHAPTER 4 Impact Analysis © Threshold of Significance Criteria: Sections 4.X.2 ® Impact Analysis: Sections 4.X.3 CHAPTER 6 Alternatives Analysis iliND-IJSEAssjjt.lpT7GNsFoRPROIECTALTERNAnV. 22 CHAPTER 6 Alternatives Analysis Table G3 CrIAPARATIVE EVALUATIO14 DF -PROJECT ALTERNATIVES 23 >-� �3: CO,,� oo mase° ,a° Fa ® > gn'E v3 ag 325m 8o°'3� �aga � 3z�n6o �3e C°� ° an °o p3 _ g�e � �s :Ba_5o'�"g atla 1 Fas - H o _ n}-- �e � 5i s�afi D ;npw m uDG1 'n NNNN N �O JO�VP AWN-• 2 u��n+m y .PW N- C n m mN-nm 'n CION -m-1 on-gP a z Or ry0000mm-� �oG, ZIz m C c y Z N�m?� Ei= a G7 o oz9 m yyzrn a a zNz"nZ O >>-- Sx zzzzz z oN D z DmCmQ<< a z z 2° mm�mm m Z y W N N mpm� G Z oa��i n D m � cob EM Did fn Q33333=��Ann DDS oom O SSSSAAR O v O D b_D Nz -n r 5 aw �3n �TmN n n < z a p� m a � 4 DDD N N z p HJig I�� __ SII Fr\) i7�ca ss cma cco� - 11 u • I-f-ri-n-r 1111 I n tl 3 1111111 it I il If-=� - � t1 r. 0 0 0 0 � is Z—Z-_ Fr\) i7�ca ss cma cco� - LL97 II 1i II II II JITTrrr, LL97 '-� � 6. SIH., t� �n2rlFAt olnn�o 6VRca9r(s —_ GA°u vLrc MTA Ips/neo�u IA -- uea rtuioe rn Iv?sl nams�uc.<av9on ela } -- �.c sic e^ -- �czw aaoii io�owoi SII D��zoND BAR'IQ PLANNING COMMISSION AGENDA REPORT 1• R 21825 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL (909) 839 -7030 -FAX (909) 861-3117-www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.2 MEETING DATE: June 23, 2009 CASE/FILE NUMBER: Development Review No. 2008-20 PROJECT LOCATION: 2677 Wagon Train Lane, Diamond Bar CA 91765 (Tract 90578 Lot 55, APN 8713-012-018) APPLICATION REQUEST: Approval to construct an 851 square -foot first floor addition and a 1,087 square -foot second story addition to the front of the existing multi -story 8,936 square -foot single family residence on an 43,797 square -foot Rural Residential (RR) zoned parcel of land with a consistent underlying General Plan Land Use designation. PROPERTY OWNERS: Maria and Jorge Navarro 2677 Wagon Train Lane Diamond Bar, CA 91765 APPLICANTS: Yasser Salem, Total Engineering Solutions 24000 Alicia Parkway Suite 17 #284 Newport Beach, CA 92660 STAFF RECOMMENDATION: Approve, subject to conditions BACKGROUND: A. Site Description: The site is located in the Diamond Bar Country Estates and is accessed from Wagon Train Lane, which is a fully improved private street. The site was developed in 1987 with an 8,963 square -foot multi -story single family residence. The site is legally described as Lot 55, Tract No. 30578, and the Assessor's Parcel Number is 8713-012-018. B. Project Description: The applicant requests approval to construct a two-story addition to the front of an existing single family residence, consisting of an 851 square -foot first floor addition and a 1,087 square -foot second story addition. The new addition will result in a complete renovation of the exterior of the residence. ANALYSIS: A. Review Authority (Diamond Bar Municipal Code Chapters 22.48 and 22.56) The addition to an existing single family residence that exceeds 50 percent of the existing floor area requires Planning Commission approval of a Development Review application. B. Site and Surrounding General Plan, Zoning and Uses C. Development Review 1. Residential District General Development Standards: The following Table compares the proposed project with the City's Development Standards for Residential Development in the RR Zone. Development General Plan Desi nation Zoning District Land Use Site Rural Residential RR Single Family Residential North Rural Residential RR Single Family Residential South Rural Residential RR Single Family Residential East Rural Residential RR Single Family Residential We Rural Residential RR Single Family Residential C. Development Review 1. Residential District General Development Standards: The following Table compares the proposed project with the City's Development Standards for Residential Development in the RR Zone. Development Residential Meets Feature Development Proposed Requirements Standards Front setback 30 feet 30'10" feet existing Yes Side setbacks 15 feet on one side and 12'-0" — east side Yes 10 feet on the other side. 15'-6" — west side Page 2 DR 2007-13 and MCUP 2007-08 Side yard minimum between adjoining structures 25 feet 25'-0" — east side 36'-0" — west side Yes Rear setback 25 feet from building pad 34'-9" Yes Lot coverage Maximum of 30% 12.4% Yes Building height limit 35 feet 34.85 feet Yes Retaining wall height Maximum height 6 feet n/a Yes Landscaping 50% of front yard 60% Yes Driveway width Maximum 14 feet @ PL Existing driveway to remain Yes Parking 2 spaces in fully enclosed garage Chapter 22.30 Existing 3 -car garage Yes 2. Site and Grading: The site is level with the street in the front yard and the building pad, and then steeply slopes down. The applicant indicates that the proposed project will have no material imported or exported from the site. 3. Elevations: The exterior renovations and additions will result in a new Spanish Eclectic design with flat gable roofs, wrought iron details, stucco walls, and wood shutters. The applicant has provided color samples which call for earth -toned shades for the exterior finish to soften the buildings visual impact and assist in preserving the hillside's aesthetic value. 4. Landscaping: The subject property is located within the Los Angeles County Fire Department "Very High Fire Hazard Severity Zone." Therefore, the proposed landscaping must comply with the Fire Department's Fuel Modification Plan requirements. The submitted site plan shows the existing landscape currently in place and the future landscaping that will comply with the Fire Department's regulations and guidelines. D. Compliance with Hillside Management Ordinance The proposed project has been reviewed for compliance with the City's Hillside Management Design Guidelines and regulations. Section 22.22.120(a)(1) of the Diamond Bar Municipal Code establishes a height limit of 35 feet as measured from the finished grade to the highest ridge beam. E. General Plan Design Guidelines and Compatibility with Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use and density. The proposed project will not negatively affect the existing surrounding land uses, and the design and Page 3 DR 2007-13 and MCUP 2007-08 appearance of the proposed additions are compatible with the existing residence and surrounding community. 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 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. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined .the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 under Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adoptthe attached Resolution approving Development Review No. 2008-20 based on the findings set forth under Section 22.48.040 of the Development Code, subject to conditions. Prepared by: Reviewed athenne Laufenburg�r Greg G n, AICP Senior Planner Acting Community Development Director Attachments: Draft Resolution of Approval Aerial Photo Site Plan, Floor Plan, Elevations, Sections Page 4 UR 2007-13 and MCUP 2007-08 PLANNING COMMISSION RESOLUTION NO. 2009 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. 2008-20 FOR THE REQUEST TO CONSTRUCT A TWO-STORY ADDITITION TO AN EXISTING SINGLE-FAMILY RESIDENCE ON LOT NO. 55 OF TRACT 30578 LOCATED AT 2677 WAGON TRAIN LANE, DIAMOND BAR, CA (APN 8713-012-018) A. RECITALS 1. The Planning Commission considered an application filed by Total Engineering Solutions, on behalf of the property owners, Maria and Jorge Navarro, requesting approval of plans to construct an 851 square -foot first -floor addition and a 1,087 square -foot second -floor addition to the front of an existing 8,936 square -foot single family residence. The location of the proposed project is 2677 Wagon Train Lane. 2. The subject property is zoned Rural Residential (RR) and it contains 43,797 square feet of gross land area. The property in question is subject to the Rural Residential (RR) Development Code Standards. 3. The subject property is legally described as Lot 55 of Tract No. 30578 and the Assessor's Parcel Number is (APN) 8713-012-018. 4. Public Hearing notification was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers and property owners within a 500 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site, and the notice was posted at three other locations within the project vicinity. 5. On June 23, 2009, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 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. The Planning Commission has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 under Section 15301(e) of the CEQA Guidelines (addition to an existing structure of less than 10,000 square feet). No further environmental review is required. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: DEVELOPMENT REVIEW a. The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable zone district, design guidelines, and architectural criteria for specialized areas, (e.g., specific plans, community plans, boulevards, or planned developments.) The proposed addition to an existing single-family residence is consistent with the RR Zone's Development Standards and the City's Design Guidelines. In addition, the proposed project with conditions of approval is consistent, in terms of mass, scale and appearance, with the surrounding single-family dwelling units. b. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and it will not create traffic or pedestrian hazards. The subject property is located .within a designed and developed residential estate neighborhood. The existing public and private improvements are available to support the proposed development and the surrounding neighborhood. The proposed addition to the existing single-family residence will not negatively impact the existing or future development of -the surrounding neighborhood. C. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48 of the Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed single-family residence is consistent with the goals and objectives of the long-range planning policy documents adopted by the City of Diamond Bar. The proposed project is compatible with the scope, scale and appearance of the surrounding existing development. The proposed project is an infill development that will complement the neighborhood residential character. Planning Commission Resolution No. 2009- d. The design of the proposed development will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through good aesthetic use of materials, texture, and color that will remain aesthetically appealing. The project's design and use of construction material are consistent with other single-family residences in the surrounding neighborhood. e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed single-family residence is consistent with the anticipated development pattern for the neighborhood and it will not negatively impact the public health, safety or general welfare. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: a. Planning Division (1) Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing. (2) The project landscape plan shall avoid the use of invasive plant materials as identified by the California Invasive Plant Council. A complete list of the plant material to be avoided can be found at the following web address: www.calipc.org. (3) Prior to submittal of plans for Building Division plan check all retaining walls associated with the lot pad shall be revised so that the exposed height does not exceed four feet. (4) The maximum exposed face of any freestanding retaining wall not associated with the lot pad shall be limited to six feet in height. The retaining walls shall be constructed of decorative masonry material approved by the Director. All retaining walls shall be screened with approved landscape material. b. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. Planning Commission Resolution No, 2009- 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 the applicant, Yasser Salem, Total Engineering Solutions, 24000 Alicia Parkway Suite 12 #284 Newport Beach, CA 92660 and property owners Maria and Jorge Navarro, 2677 Wagon Train Lane, Diamond Bar CA 91765. APPROVED AND ADOPTED THIS 23rd DAY OF June 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Tony Torrid, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 23rd day of June, 2009, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 4 Planning Commission Resolution No. 2009- DDEPARTMENT OM .3 �. jTj L 01 NJ q 11 PROJECT #: DR 2008-20 SUBJECT: 1,938 Square -Foot Two -Story Addition to an Existing Single Family Residence PROPERTY Maria and Jorge Navarro OWNER: 2677 Wagon Train Lane Diamond Bar, CA 91765 APPLICANT: Yasser Salem Total Engineering Solutions 24000 Alicia Parkway Suite 17 #384 Newport Beach, CA 92660 LOCATION: 2677 Wagon Train Lane, Diamond Bar, CA ALL OF THE FOLLOWING COI+ DMONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2008-20 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. Planning Commission Resolution No. 2009- (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense, thereof. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2008-20, 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 License; and a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2009-, 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. Site, grading, landscape/irrigation and roof plans, elevations and sections shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The single family residence shall not be used in a manner that creates adverse effects upon the neighborhood and environmental setting of the residential site to levels of dust, glare/light, noise, odor, traffic, or other disturbances to the existing residential neighborhood and shall not result in significantly adverse effects on Planning Commission Resolution No. 2009- public services and resources. The single family residence shall not be used for commerciallinstitutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 11. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 12. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEESIDEPOSITS 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 prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Development Review No.2008-20 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, including: site plans, floor plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, the conditions contained herein, Development Code regulations. E. LANDSCAPE, PRESERVED AND PROTECTED TREES Prior to issuance of any permits, detailed landscape and irrigation plans shall be submitted to the Planning Division for review and approval. Planning Commission Resolution No. 2009- 2. Prior to plan check submittal, a final landscape/irrigation plan shall be submitted with the type of planting materials, color, size, quantity and location including proposed sites for the planting of protected/preserved trees and additional species to mask the retaining wall height. 3. Prior to the Planning Division's final inspection and/or Certificate of Occupancy issuance, the landscaping/irrigation shall be installed or replaced. Any dense plant material proposed in the front setback shall not exceed a 42 inches maximum height. 4. Prior to the issuance of City permits, the applicant shall submit revegetation landscape and irrigation plans for slopes within the project site for Planning Division review and approval. Said slopes shall be landscaped at the completion of grading activities. All slope planting, irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition. 5. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 6. Retaining walls shall not exceed an exposed height of six (6) feet as delineated on the development plans. All retaining walls shall be earth tone in color and constructed from decorative material (i.e., split face, stacked stone, etc.) Retaining walls or fences located within the front yard setback shall not exceed an exposed height of 42 inches. 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. Planning Commission Resolution No. 2009- 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 concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Please refer to City handouts. Construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced 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 REPORTIGRADING/RETAINING WALLS 1. The applicant shall submit drainage plans for the City's review and approval 2. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 3. All easements and flood hazard areas shall be clearly identified on the grading plan. 4. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 5. The maximum grade of driveways serving building pad areas shall be 15 percent. In hillside areas driveway grades exceeding 15 percent shall have parking landings with a minimum 16 feet deep and shall not exceed five (5) percent grade or as required by the City Engineer. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 6. All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control Planning commission Resolution No. 2009- upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. C. DRAINAGE 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. D. UTILITIES Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. 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., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 10 Planning Commission Resolution No. 2009- In order to accurately monitor and report all construction and debris generation and diversion activities, all materials must both be hauled and processed by a city franchised contractor or by a licensed demolition contractor subject to compliance with specific permitting and reporting requirements. Southern California Air Quality Management District (SCAQMD) approval/clearance will be required prior to the issuance of a demolition permit. Please contact AQMD at (909) 367-2327. Prior to Building permit issuance, Walnut Valley School District fees must be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. Walnut Valley School District 880 S Lemon Ave Walnut, CA 91789 (909) 595-1261 8. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following;. a. Each building square foot b. Each building height C. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) 9. Please submit a total of 5 full set of plans including the grading for review to the Building and Safety Division after the plans have been approved by the Planning Division/Commission. 10. Foundation systems on expansive soil shall be constructed in a manner that minimizes damage to the structure from movement of the soil. Depth of foundation below the natural and finish grade shall be not less than 24 inches for exterior and 18 inches for interior foundations. 11. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 12. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 13. "Separate permits are required for pools, spas, ponds, gazebos, patios and tennis courts" and shall be noted on plans. 11 Planning Commission Resolution No. 2009- 14. Fire Department approval shall be required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a. All unenclosed under -floor areas shall be constructed as exterior wall. b. All openings into the attic, floor and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. End 12 Planning Commission Resolution No. 2009- Development Review 2008®20 2677 Wagon Train Lane ffl-mlwwlmml NOW IT, -1 HIM i0MUNDN" 1 0 1 4A 'umi - cc M B ql I'l P.M i jUll wg� H� ��HIP NP, JIMI IN RlEB i P� ""li , RS o9 Fp 11 Rlse i JUT -ilp ppp V. T11 -o- Null E �-v II T On nx n Pc/l iz PVC LNC FENLE PEP HDA -s n STANDARDS � o v1000 PEFENCEE K a -+-`i LDGE DF PAVEMENTx� � ry1R��gp �-N-•-�,�I i 60.00• WAGON TRAIN LN _ I I � I 1 \ z I T O m N i I I A _ � c m 4r A _ Iw I I A iD 8E I. PEMoS I I I I.L TD REMAIIJ _ ' I CMu WALL To KMAIN I I II T On nx n Pc/l iz PVC LNC FENLE PEP HDA -s n STANDARDS � o v1000 PEFENCEE K a -+-`i LDGE DF PAVEMENTx� � ry1R��gp �-N-•-�,�I i 60.00• WAGON TRAIN LN _ Cal m I is va Pi v R. 7 I t rNA=VARRO RESIDE —I\A7--r4-F F'L-^ UP ��9 �3gg § 4 � 48 z� � �s. ° � 1 { - I A I F I I I a I I I I I I Ut __ I❑ � _j�, '� � f a I k I l I ( 0^J®b D 130tlp919d€[GEEee.....Eeazi � o �g, z g dS ee $g cg4@C { i e y� z E � 9 tlL gp91tlJL5q tlD� YAtl 49p N 5 8FB�S�Rgc �agie �€ S e3g`g1GityE�a=Fge 6&6,s ::��s�4a dad }E Pg 6+- {Ilt .apEp Yy A b 00: n £ YQ ��e iI 6Gfl d4 Fg �? �,'� -:.'41 cE2SCyg' E $''lup es 3g �@q 3d RF�i�§ �. 6d§>3d E3P PllV16�64��R RF.�S➢5R ml,,, MnE p d ��€'9 '�kS GaEi4 ��j�e �� § d ak WO§ Eg 5 C a 4a 36» a � a ggt BgyE €`ph ��e Gz £ n�apAp• eed $ €hk� z€ e a ¢iAi+9€$`dq it H, �f�@°p m �� g 5 i �» 48d�.��Q� w I , ( � { PROPOSED AODITIDN FOR: I>D D9DP Tj 'jI = NAVARRO RESII]ENCE » R �� ££'C?�-r Ct4MCN0 ana, CF 91]>5 )909) Rt5269 �� +� 2GT! WAGON TPNN IPNE FIF2ST FLOpR PLAPJ °b i� - - - -- - - - - - - - - - WN M.1 Ed -41 PRIMN giii R! it . - M�-- AR. ri.mmLi wm qu rggmi DWDWE M BE El LEE , igggu, B 411 H, !"Moigm, i , ; " Mi, H -11 W E�,Trrlog ELEVATIONS $2 I I I I I I I I I no I I I I j i II II I 1 II 1 1 i I it II r l I I I I I 44 1 (-- I I F 7 I I I I � — I i I ? I j I I I I LI I I I g I m I � I i -II I I -----'---—— — I—I—J L---- ----'-----'i—� Tv D 8 m hm c I II I II I I II 1 II I 1 �2 II c �o I I I II I I � I II 1 1 I II I I II i m II I I� III I I I I I I II 11 I - I II I I II II i III 1 1 it II II II I I IIIII I I III I I I 1 I II II I I I II II ii i i i it ii i i In I I I ,I I, n I I II II I I III I I I II II II t I lu I I I € I I II I III I I II II I i II 11 I I I I I I II II II II - I II I I II it I i � Iii I I I II II I I x II II I I �I II II 11 III I I I I II I I II II I i III I I � s; I~ II II I I II II III 1 I I I II II I I III I I I i I �II I I II II I I III I I I I II II II II I I III I I I i I 11 I I 111 I I tt �I II I I II tl I ' III 1 1 I 1 'I m II II I I II II I I 111 I I I I I II RfSyq �;'q8 6H��ge Ee�� hmll � 3 PROPDSEO /�OOITION FDR: D DD9 D 5 I '� y ° _y I `- NAVARRO RESIDENCE ,%, IT}}'. 11 OIAMONO BAR, CA91i65 (909)i21�S2E9 f §pi AA`llJ C�� CTe®�s s� 9 ML -1 - MEFAM� Mr a 'I all NO !PTi 1" ;R2N ROOF PIAN"] .L"L,,, E zo rp DIA��I011TD SAR'_PLANNING COMMISS101`4 CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNER: APPLICANT: 7.3 June 23, 2009 Conditional Use Permit No. 2009-02 Diamond Bar Village 367 Diamond Bar Blvd. Diamond Bar, CA 91765 (APN: 8717-008-185) To establish a dance studio providing instruction for all age groups Diamond Bar Village Associates, Ltd. 10877 Wilshire Blvd. Suite 1105 Los Angeles, CA 90024 Sheri & Bob Liebe 1423 Valeview Dr. Diamond Bar, CA 91765 STAFF RECOMMENDATION: Approve, subject to conditions BACKGROUND: A. Site Description The project site is located within Diamond Bar Village, a 59,219 square -foot commercial center comprised of two parcels of land totaling approximately 4.7 acres at the southwesterly corner of Diamond Bar Boulevard and Golden Springs Drive. The applicant proposes to locate the requested dance studio ("1 na Dance") within an existing tenant space of a multi -tenant building occupied by various retail stores, real estate offices and restaurants, including another dance studio. B. Site and Surrounding General Plan, Zoning and Use ANALYSIS: A. Application and Review Authority (Code Sections 22.58 and 22.10.030 — Table 2-6 A Conditional Use Permit (CUP) is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. The C-2 zone requires approval of a CUP for specialized education and non -degree training. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and general welfare, then it must deny request. Business Description 1 na Dance provides dance lessons to students of all ages. The business has been in the City of Diamond Bar since 1991 and has been teaching contract classes at the Diamond Bar Center for over five years. There is one employee at the studio that teaches all of the classes. The types of dance taught include ballet, tap, jazz, and hip hop. Class size will typically range from 6 to 8 students. CUP 2009-02 Page 2 General Plan Designation Zoning District Land Use Site General Commercial C-2 Retail Use North General Commercial C-3 Retail Use South School RMH School Use East General Commercial C-2 Service Station Use West General Commercial C-2 Retail Use ANALYSIS: A. Application and Review Authority (Code Sections 22.58 and 22.10.030 — Table 2-6 A Conditional Use Permit (CUP) is required for uses whose effect on the surrounding area cannot be determined before being analyzed for suitability at a particular location. The C-2 zone requires approval of a CUP for specialized education and non -degree training. When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to be detrimental to the general peace, health and general welfare, then it must deny request. Business Description 1 na Dance provides dance lessons to students of all ages. The business has been in the City of Diamond Bar since 1991 and has been teaching contract classes at the Diamond Bar Center for over five years. There is one employee at the studio that teaches all of the classes. The types of dance taught include ballet, tap, jazz, and hip hop. Class size will typically range from 6 to 8 students. CUP 2009-02 Page 2 The tenant space into which Ina Dance is proposing to move is 1,500 square feet. The floor plan includes a bathroom, closet and dance area. Proposed hours of operation are as follows: • Monday and Wednesday — 3:00 to 9:00 pm • Tuesday — 9:00 am to12:00 pm, 3:00 pm to 9:00 pm • Thursday —9:00 am to 10:00 am, 3:00 pm to 9:00 pm • Friday — 3:00 pm to 9:00 pm • Saturday and Sunday — Closed Compatibility The lease space in which the dance studio is proposed was previously occupied by a fitness center (Curves). Other tenants at Diamond Bar Village include a dance studio (Jin's Dance Studio, 355 Diamond Bar Boulevard), restaurants, retail shops, and professional offices. These uses primarily consist of businesses that serve a retail customer base, and are compatible with one another. Parkin Shopping centers over 50,000 square feet in size are required to provide 1 parking space for every 300 square feet of gross floor area. At 59,219 square feet Diamond Bar Village is required to provide a minimum of 197 parking spaces, and exceeds this requirement by providing 218 spaces (a surplus of 21 spaces). One of the purposes of the CUP process is to consider potential impacts the proposed use may have on parking in the shopping center. 1 na Dance proposes small class sizes; has only one full time employee; and, due to the nature of the business, does not generate a high demand for parking. Therefore, staff does not foresee any parking issues resulting from the use as proposed Additional Review The Building and Safety Division reviewed this project and has provided conditions of approval which are incorporated within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA, as set forth under Article 19 Section 15301 (Existing Facilities) of the CEQA Guidelines. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune as prescribed by law. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site and the public notice was posted in three public places. The project site was posted with a display board. CUP 2009-01 Page 3 RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2009-02, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: Natafe Tobon Planning Technician Attachments: 1. Draft Resolution 2. Aerial 3. Exhibit "A" - site plan and floor plan Reviewed by: '.., 9 I/Z/Z Ir&IJI, GregGubma , Al Acting Community Development Director CUP 2009-01 Page 4 PLANNING COMMISSION RESOLUTION NO. 2009 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. 2009-02, A REQUEST TO ESTABLISH A DANCE STUDIO TO OPERATE WITHIN AN EXISTING LEASE SPACE AT 367 DIAMOND BAR BOULEVARD, IN THE DIAMOND BAR VILLAGE SHOPPING CENTER. A. RECITALS Property owner, Diamond Bar Village Associates, Ltd, and applicants, Sheri and Bob Liebe representing 1 na Dance, have filed an application for Conditional Use Permit No. 2009-02 to establish a dance studio at 367 S. Diamond Bar Boulevard, Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the 'Proposed Use." 2. Public hearing notices were mailed to property owners within a 500 -foot radius of the project site. Notification of the public hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Also, the project site was posted with a display board and the public notice was posted in three public places. On June 23, 2009, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Proposed Use. 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; The Planning Commission has determined the Proposed Use to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) in accordance with the provisions of Article 19 Section 15301 of the CEQA Guidelines (Existing Facilities). No further environmental review is required. Based upon the information contained in the submitted plans, the associated staff report and testimony given at the public hearing the Planning Commission hereby finds as follows: The Proposed Use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of this Development Code and the Municipal Code. In accordance with Diamond Bar Municipal Code (DBMC) Section 22.10.030, Table 2-6, specialized education and non -degree training are permitted in the C-2 zoning district with approval of a conditional use permit. Additionally, the Proposed Use complies with other applicable provisions of the Development Code and Municipal Code. b. The Proposed Use is consistent with the General Plan and any applicable specific plan. The Proposed Use is compatible with the surrounding neighborhood and consistent with General Plan Strategy 1.3.3: `Encourage neighborhood serving retail and service commercial uses." The site is not located within a specific plan area. C. The design, location, size and operating characteristics of the Proposed Use are compatible with the existing and future land uses in the vicinity. The Proposed Use is located within an existing tenant space on the ground floor of a commercial building which is occupied by a dance studio, professional offices, retail, real estate offices, restaurants and other similar uses. As such, the operational characteristics are compatible with the existing and permissible land uses in the vicinity. d. The subject site is physically suitable for the type and densitylintensity of use being proposed, including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The project site is located within an existing commercial building that is developed for the use of retail and office type uses. The Proposed Use provides a service that is compatible to the other uses currently taking place at the site. e. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, Planning Commission Resolution No. 2009 -XX persons, property, or improvements in the vicinity and zoning district in which the property is located. The Proposed Use shall, at all times, be subject to the requirements of the Diamond Bar Building Code, and those of all other applicable regulatory agencies, such as the Occupational Safety and Health Administration (OSHA). The referenced agencies, through the permit and inspection process, will ensure that the proposed project is not detrimental to the public health, safetyorwelfare or materially injurious to the properties or improvements in the vicinity. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions and the attached standard conditions: Planning Division (a) This approval is forthe establishment of a dance studio as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit No. 2009-02 dated June 23, 2009, and the Planning Commission minutes pertaining thereto, and is hereafter referred to as the "Use." (b) 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. (r,) This Conditional Use Permit shall be valid only for 367 Diamond Bar Blvd, Diamond Bar, CA 91765. If the Use moves to a different location or expands into additional tenant spaces, the approved Conditional Use Permit shall terminate and a new Conditional Use Permit approved by the Planning Commission shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire. (d) The hours of operation shall be limited to 9 a.m. to 9 p.m. Monday through Friday, closed on Saturdays and Sundays. Any changes to these hours of operation shall be subject to staff review and require an amendment to the approved CUP. (e) Dance lessons shall be limited to a maximum of ten students per session. An increase in the number of students shall require an amendment to the approved Conditional Use Permit. Planning Commission Resolution No. 2009 -XX Building and Safety Division (a) The tenant space shall meet all occupancy limitations and access requirements as required per the 2007 California Building Code. The Planning Commission shall. (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Diamond Bar Village Associates, Ltd, 10877 Wilshire Boulevard, Suite 1105, Los Angeles, CA 90024; and Bob and Sheri Leibi 1423 Valeview Drive, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 23RD OF JUNE, 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 23rd day of June, 2009, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST:%D�� Greg Gubman, Secretary 4 Planning Commission Resolution No. 2009 -XX P COMMUNITY DEVELOPMENT DIA�11011'D BAR, DEPARTMENT PROJECT #: Conditional Use Permit No. 2009-02 SUBJECT: Ina Dance APPLICANT: Sheri & Bob Liebe LOCATION: 367 Diamond Bar Boulevard, 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 Conditional Use Permit No. 2009-02 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. Planning Commission Resolution No. 2009 -XX (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Conditional Use Permit No. 2009-02, 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. The applicant and all designers, architects, engineers, contractors, and all successors in interest associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 6. 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. 7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodic review. If non- compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit. The Commission may revoke or modify the Conditional Use Permit. 8. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 9. 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) at the established rates, prior to issuance of building, as required by the City. School fees as required shall be paid prior to the issuance of building permit. Planning Commission Resolution No. 2009 -XX In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS The approval of Conditional Use Permit shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. BUILDING AND SAFETY DIVISION REQUIREMENTS The following conditions shall apply if any construction is proposed. Questions regarding compliance with said conditions should be forwarded to the Building and Safety Division at (909) 839-7020. 1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect atthe time of plan check submittal. 2. The minimum design load for wind in this area is 85 M.P.H. exposures "C and the site is within seismic category (D). The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 3. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed bythe Building Department. 4. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 5. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Monday - Saturday between the hours of 7:00 a.m. and 7:00 p.m. 7 Planning Commission Resolution No. 2009 -XX 6. This Use shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. This Use shall provide compliance with van accessible parking, path of travel, etc. The reception counter shall comply with the title 24 accessibility requirements. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc END Planning Commission Resolution No. 2009 -XX t L•P•tzw Diamond Bar Blvd. a 0 z 0 R U) C N O i CST PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR - 21 B25 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-31.17 AGENDA ITEM NUMBER: 7.4 MEETING DATE: June 23, 2009 CASE/FILE NUMBER: Temporary Use Permit No. 2009-01 PROJECT LOCATION: Diamond Bar Pony Baseball Fields 22601 Sunset Crossing Road (APN: 8718-005-005) APPLICATION REQUEST: To hold a four-day family festival that will accommodate carnival rides, booths, live entertainment, a food court, and a beer garden at the Diamond Bar Pony Baseball Fields from Thursday, July 23, 2009, through Sunday, July 26, 2009, PROPERTY OWNER: Diamond Bar Little League 22601 Sunset Crossing Road Diamond Bar, CA 91765 APPLICANT: John Long Diamond Bar Pony Baseball 22601 Sunset Crossing Road Diamond Bar, CA 91765 STAFF RECOMMENDATION: Approve subject to conditions. BACKGROUND: A. Site Description The project site is located at the terminus of Sunset Crossing Road, a facility comprised of four (4) baseball fields totaling approximately 9.49 acres, at 22601 Sunset Crossing Road, Diamond Bar, CA 91765. Applicant John Long, representing Diamond Bar Pony Baseball, has submitted an application to hold a four-day family festival. The proposed event will occur entirely within the property boundaries of the Diamond Bar Pony Baseball Fields. B. Site and Surrounding General Plan, Zoning and Use ANALYSIS: A. Application and Review Authority (Code Sections 22.50) A Temporary Use Permit (TUP) is required for a proposed carnival. The Diamond Bar Development Code (DBDC) requires approval of a TUP for a temporary carnival. The Community Development Director has the authority to approve TUPs, but has referred this request to the Planning Commission due to the scope of the proposed event, and its potential impacts to the adjoining neighborhood. B. Description of Proposed Event Diamond Bar Pony Baseball and Pop Warner Football & Cheer propose to host its first annual Diamond Bar Family Festival. The carnival will include rides, games, community booths, food booths, a beer garden, and live entertainment. The group operating the rides and games will be shuttled in and out of the facility to reduce traffic congestion and to eliminate sleeping at the facility. The proposed days and TUP 2009-01 Page 2 General Plan Zoning District Land Use Designation Site Industrial I Baseball Fields North Outside City Boundary City of Industry/ Railroad Tracks & Vacant Land (Citv of Indust Industrial South Low Medium RLM Single -Family Residential Residential East Outside City Boundary City of Industry/ Railroad Tracks & Vacant Land (City of Indust Industrial West Low Medium RLM Single Family Residential Residential ANALYSIS: A. Application and Review Authority (Code Sections 22.50) A Temporary Use Permit (TUP) is required for a proposed carnival. The Diamond Bar Development Code (DBDC) requires approval of a TUP for a temporary carnival. The Community Development Director has the authority to approve TUPs, but has referred this request to the Planning Commission due to the scope of the proposed event, and its potential impacts to the adjoining neighborhood. B. Description of Proposed Event Diamond Bar Pony Baseball and Pop Warner Football & Cheer propose to host its first annual Diamond Bar Family Festival. The carnival will include rides, games, community booths, food booths, a beer garden, and live entertainment. The group operating the rides and games will be shuttled in and out of the facility to reduce traffic congestion and to eliminate sleeping at the facility. The proposed days and TUP 2009-01 Page 2 hours of the event are described below. Additional information provided by the applicant is included in Attachment 2. • Thursday, July 23 — 5pm to 10pm • Friday, July 24 — 2pm to 11 pm • Saturday, July 25 — 2 pm to 11 pm • Sunday, July 26 — 2pm to 10 pm The site plan provided in the Commission packets includes a general layout of the proposed event. A detailed description of the proposed activities, prepared by the applicant, is provided in Attachment 2. A summary of these activities is provided below: • Carnival Rides The event will contain a total of 16 rides, consisting of nine (9) large rides, five (5) small rides, and two (2) funhouses on the baseball field closest to the street. Within the same field a total of nine (9) game booths will be placed between the large rides and the small rides. • Community Booths The community booths will accommodate local businesses, organizations, groups to promote business to local residents, which will provide information and/or advertise products. • Food Court Different types of cuisines will be offered at the site by local Diamond Bar residents and businesses. The food court is subject to Los Angeles County Health Department regulations. • Beer Garden The proposed beer garden will be located within the field under a canopy area that will accommodate the sales and consumption of beer and wine. Patrons will not be permitted to leave the area with beer and wine. The Beer Garden requires a temporary permit from the Department of Alcoholic Beverage Control (ABC). • Live Entertainment A stage will be located within the same field as the beer garden to accommodate live entertainment. Entertainers will include local bands, hula dancers, dance groups, and a deejay, scheduled for Friday and Saturday. TUP 2009-01 Page 3 ® Parkinq Onsite parking will accommodate 326 total parking spaces. One baseball field will be used to accommodate staff and vendor parking, and another field will be used to accommodate additional patron parking if needed. There will also be parking spaces in the parking lot at the terminus of Sunset Crossing Road, which can accommodate approximately 65 parking spaces. In addition, street parking along the Sunset Crossing frontage road median will be available. C. Potential Issues ® Hours of Operation As described above, the applicant proposes to keep the event open as late as 10 p.m. on Thursday and Sunday, and 11 p.m. on Friday and Saturday. Due to the number of residents surrounding the site and the possible nuisances the late hours can create, staff recommends that the hours be limited as follows: a Thursday, July 23, 2009-5 p.m. to 10 p.m. ® Friday, July 24, 2009 —2 p.m. to 10 p.m. ® Saturday, July 25, 2009-2 p.m. to 10 p.m. ® Sunday, July 26, 2009-2 p.m. to 9 p.m. Reducing the hours of the carnival will help to avoid impacts to the adjacent neighbors, particularly on the two work days. ® Parking The applicant has indicated that the facility will accommodate 289 onsite parking spaces to patrons, 37 onsite spaces and for staff and vendors, and 144 spaces along the Sunset Crossing Road median and at the terminus of Sunset Crossing Road. There will be two parking attendants at the main entrance of the site facilitating parking and one attendant in each field designated for parking. Staff believes that the applicant is proposing appropriate and adequate parking to accommodate the patrons for this event, and has included the proposed parking management measures in the conditions of approval. ® Lighting Provisions for additional lighting are not addressed in the application materials submitted by the applicant. However, staff recommends that adequate lighting be provided on the premises in all areas authorized for access by the general public during evening hours. A condition is included in the attached resolution to TUP 2009-01 Page 4 ensure that this issue is addressed by the applicant as part of the event preparations. • Noise The applicant proposes to have live entertainment and music during the hours of the event. Out of consideration for surrounding residents, staff recommends that live entertainment and music shall be limited to the hours between 2:00 p.m. and 8:00 p.m., and monitored to ensure that amplification levels do not exceed 60 decibels, as measured from the neighboring properties, any time. No form of audio amplification should be in use at any other time. ® Beer Garden The applicant proposes to have a beer garden under a 40' X 60' canopy, where beer and wine will be served until 90 minutes prior to closing. Staff believes that the applicant is proposing appropriate and adequate provisions to ensure that the beer garden will be operated in a responsible manner. The attached conditions include the proposed restrictions on the beer garden hours and location within which the beverages shall be confined. ® Security The applicant proposes to hire on -duty sheriff officers and have volunteer security guards patrolling the facility at all times. The Los Angeles County Sheriff's Department will require the applicant to contract with the Los Angeles County Sheriff's Department to provide personnel to supervise the event with a minimum of four hours prior to the closing time for each day of the event, or as otherwise prescribed by the Sheriff's Department. These requirements are reflected in the attached conditions. ® Site Cleanup Carnivals tend to generate large amounts of waste during a four-day event. The applicant will be responsible for the cleanup of the site and the surrounding neighborhood. Staff recommends the inclusion of a condition requiring the public right-of-way and all neighboring properties to be regularly monitored, and maintained free of litter generated by event patrons or activities related to the event. Staff also recommends that the applicant submit a refundable deposit of $1,000 to guarantee the cleanup of the site surrounding neighborhood and rights-of-way after the conclusion of the event. TUP 2009-01 Page 5 Additional Review The Building and Safety Division reviewed this project and has provided conditions of approval which are incorporated within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment, including carnivals). NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune as prescribed by law. Public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site and the public notices were posted in three public places. The project site was posted with a display board. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2009-01, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: D vid Alvarez Assistant Planner Attachments: Reviewed by: Greg Gubman, AICP, Acting Community Development Director 1. Draft Resolution 2. Description of proposed event provided by applicant 3. Aerial 4. Exhibit "A° - site plan TUP 2009-01 Page 6 PLANNING COMMISSION REVIEW RESOLUTION NO. 2009 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING TEMPORARY USE PERMIT NO. 2009-01 FOR THE REQUEST TO OPERATE A FOUR-DAY FAMILY FESTIVAL FROM THURSDAY, JULY 23, 2009, THROUGH SUNDAY, JULY 26, 2009, LOCATED AT 22601 SUNSET CROSSING ROAD, (APN: 8717-005-005) A. RECITALS Property owner, Diamond Bar Pony Baseball, has filed an application for Temporary Use Permit No. 2009-01 to allow a four-day family festival from Thursday, July 23, 2009, through Sunday, July 26, 2009, to take place at 22601 Sunset Crossing Road, Diamond Bar, Los Angeles County, California. Hereinafter in this resolution, the subject Temporary Use Permit shall be referred to as the "Application." Public hearing notification was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and property owners within a 1,000 -foot radius of the project site were notified of the proposed project by mail. Further, a public hearing notice display board was posted at the site, and at three other locations within thetproject vicinity. 3. On June 23, 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: 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. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt according to the provisions of Article 19 Section 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment, including carnival) of the State CEQA Guidelines. TEMPORARY USE PERMIT FINDINGS a. The proposed use is allowed within the subject zoning district with the approval of a temporary use permit and complies with all other applicable provision of this development code and the Municipal Code; Carnivals are included among the list of permissible temporary uses in Diamond Bar under section 22.50.030 of the Diamond Bar Municipal Code. b. The proposed use is consistent with the general plan and any applicable specific plan; The proposed carnival is consistent with the City's adopted General Plan Objectives 2.3 of the Public Services and Facilities Element, which states, `(p)romote public and private services and amenities to the community." The site is not subject to the provisions of any specific plan. C. ,The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The proposed carnival hours will be as follows: v Thursday, July, 23, 2009 — 5:00 p.m. to 10:00 P.M. ® Friday, July 24, 2009 — 2:00 P.M. to 10:00 P.M. ® Saturday, July 25, 2009 — 2:00 p.m. to 10:00 p.m. • Sunday, July 26, 2009 — 2:00 p.m. to 9:00 p.m. The carnival will include rides, games, community booths, food booths, a beer garden, and live entertainment. The event will have onsite and offsite parking for its patrons, security guards, which will be monitoring the site and beer garden, and on -duty sheriff officials to ensure the safety of the event. d. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The site has four existing baseball fields with ample open space areas to accommodate the proposed event facilities. e. Granting the temporary 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; and Before the issuance of any City permits, the applicant is required to comply with all conditions within the approved resolution, as well as 2 Planning Commission Resolution No. 2009 -XX the requirements of the Los Angeles County Department of Public Health, Alcoholic Beverage Control, the Los Angeles County Sheriffs Department, and the Department of Building and Safety Division requirements. The referenced agencies, through the permit and inspection process, will ensure that the proposed carnival is not detrimental to the public health, safety or welfare or materially injurious to the properties surrounding the site. 4. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: Planning Division (1) This approval is for a four-day family festival event to be held at 22601 Sunset Crossing Road, Diamond Bar, CA 91765. The event shall occur entirely within the property boundaries of Diamond Bar Little League Baseball, and within the specified areas depicted on the approved plans included in these Conditions of Approval as "Exhibit A." (2) The approved dates and times for the Diamond Bar Family Festival are as follows: ® Thursday, July 23, 2009 —5 P.M. to 10 P.M. ® Friday, July 24, 2009 —2 p.m. to 10 p.m. ® Saturday, July 25, 2009 —2 p.m. to 10 p.m. ® Sunday, July 26, 2009 — 2 p.m. to 9 p.m. (3) Adequate lighting shall be provided on the premises in all areas authorized for access by the general public. (4) The facility shall accommodate 289 onsite parking spaces for patrons, 37 onsite spaces and for staff and vendors, and 144 spaces along the Sunset Crossing Road median and at the terminus of Sunset Crossing Road. Two parking attendants shall be stationed at the main entrance of the site to direct parking and one attendant shall be stationed in each field designated for parking. Parking attendants shall maintain two-way radio communication during operating hours. (5) The applicant/owner shall contract with the Los Angeles County Sheriff's Department to provide personnel to supervise the event for a minimum of four hours prior to the closing time of the event for each day, or as otherwise prescribed by the Sheriff's Department. Planning Commission Resolution No. 2009 -XX (6) The applicant shall be responsible for the cleanup of the site and the surrounding neighborhood. The public right-of-way and all neighboring properties shall be regularly monitored, and maintained free of litter generated by event patrons or activities related to the event. The applicant shall submit a refundable deposit of $1,000 to guarantee the cleanup of the site surrounding neighborhood and public right-of-way after the conclusion of the event. (7) The applicant shall be responsible for ascertaining and complying with all permit requirements of the Los Angeles County Department of Public Health. (8) The applicant shall be responsible for ascertaining and complying with all permit requirements of the Department of Alcoholic Beverage Control. (9) Between the hours of 2 p.m. and 8 p.m. sound levels from public address systems and amplified music shall not exceed 60 decibels (A -weighted), as measured from the residential properties surrounding the subject property. No form of audio amplification shall be in use at any other time. (10) The sales and consumption of beer and wine shall be permitted only between the hours of 2:00 p.m. and ninety (90) minutes prior to closing each night and may only be consumed under the designated (canopy) area. No other forms of alcoholic beverages shall be sold or consumed on the premises. (11) The applicant/owner shall provide the City with proof that the event will be covered with $2,000,000 combined single limit per occurrence minimum general aggregate in liability insurance, with the City of Diamond Bar named as an additional issued party. Failure to provide proof of insurance shall be grounds for the City to revoke approval of the Temporary Use Permit. (12) The applicant/owner by utilizing the benefits of this approval shall thereby agree to defend at its sole expense any action against the City, its agents, officers, and employees because of the issues of such approval. In addition, the applicant/owner shall reimburse the City, et at, for any court costs and attorney fees which the City, et al, may be required to pay as a result of such actions. The City may at its sole discretion participate at its own expense in the defense of any such action, but such participation shall not relieve the applicant/owner of its obligation hereunder. 4 Planning Commission Resolution No. 2009 -XX (13) Any set-up activities performed by the carnival operator, or others associated with the operation of this event, may not occur before the hour of 7:00 a.m. nor later than 7:00 p.m. Tear -down activities shall not commence prior to 7:00 a.m. on Monday, July 27, 2009. 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 the property owner/applicant: Diamond Bar Pony Baseball, PO Box 4113, Diamond Bar, CA 91765. APPROVED AND ADOPTED THIS 23rd DAY OF JUNE 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: 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 23rd day of June 2009, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, Secretary 5 Planning Commission Resolution No. 2009 -XX Diamond Bar Little League asp "It's For The Kids" Di amondborponybasebal I . clubspaces. coen June 17, 2009 Mr. David Alvarez Assistant Planner City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Dear Mr. Alvarez: Concerns recaardirsa garkine: PO Box 4113 (Mailing Address) 22601 Sunset Crossing Road (Facility) Diamond Bar, CA 91765 (909) 860-3859 Federal Tax Tb ' #95-3643775 President John Long After restructuring our site plan were able to accommodate 326 parking spaces on the facility. Also after utilizing the space off-site that is another 148 spaces for a total of 444 total spaces. The 444 parking spaces does not allow for any parking directly in front of any residents homes surrounding the Diamond Bar Pony baseball fields. As you look at the site plan we are using parking on Field #4 ( approx 37 spaces) for vendor and staff. Field #3 (appro)(37 spaces) will be used as an over flow parking_ Each parking area Field #3, Field # 4, Parking lot behind Field #3 and parking along the fence line parallel to the train track will be monitored by ay least (1) parking attendant. There will be at least (2) parking attendants at the front gate. All parking lot attendants will maintain 2 - way radio communication behind each other. The person in charge of parking Duke Oliva and his staff of volunteers will be closely monitoring the parking situation. All persons parking on Field # 4 will be issued a parking permit. That field is strictly for vendors and staff. We understand the importance of maintaining a proper flow of traffic and parking. Parking will be one of our primary concerns and will be closely monitored. If you have more concerns please call me at 909-837-8347 John Long "It's For The Kids" Diamondborponybaseball clubspaces.com June 16, 2009 David Alvarez Assistant Planner City of Diamond Bar 21825 Copley Dr Diamond Bar, Ca 91765 Dear Mr. Alvarez: PO Box 4113 (Mailing Address) .. 22601 Sunset Crossing Road Diamond Bar, CA 91765 " l j; „j (909) 860-3859 Federal Tax Ib President In response to vour request for additional information: #95-3643775 John Long 1. Number if carnival rides? We will have approximately 12-14 total rides. Some of the names of the rides include Century Wheel, Drop Tower, Sizzler, G `JI(iz, Tornado, Kite Flyer, Zipper, Fun House, and 5-6 kiddie rides. The rides are subject to change. Community booths: What type of booths will be onsite? Currently due to the Planning Commission meeting scheduled for June 23` we have stopped actively pursuing community booths. We do have a face painter, and Cookie Lee (jewelry sales) already booked for the event. I also recently received word that the Diamond Bar Lions Club will be attending our festival. What is the purpose of having these booths? The purpose for the community booths is to have the businesses, community groups, etc feel in involved in our event- We want this event to have a feeling of community thus the name of the event. 3. Food Booth: What type of foods will be served? At the moment we have a variety of different foods that will be provided. We have hot dogs, BBQ ribs, pizza, pasta, shaved ice, cotton candy, and much more. Who will be providin¢i the food? The food is coming to us from different variations. Mr.G's Pizza from Diamond Bar is providing pizza and pasta, M&I Hawaiian Shaved Ice is providing shaved ice and cotton candy. The food vendors are coming from different locations. We are actively reaching out to different food businesses and catering businesses in Diamond Bar. What are the Health Department regulations? Every food vendor must obtain a health permit from the County of Los Angeles for a temporary food permit. We are assisting each food vendor with the completion of the application. Do you have a Health permit? Yes we have applied for a temporary Event Food permit. We have already submitted a copy to the city. 4. Beer Garden: What type of license will be obtained? We will be submitting the application to Alcohol, Beverage Control on June 23`d. We have to submit our application 30 days from the event. We are going to be applying for a beer and wine permit only. Is the beer garden going to be in an enclosed area? Yes the beer garden will be located on field #2 under a large 40X 60 canopy. Are there going to be minors allowed in the area? Yes minors will be allowed in the area. There will be tables and chairs located under the canopy as to provide an area for persons attending the event to sit and eat. Also according to Alcohol. Beverage Control it is legal for minors to be in the area. Are wristbands going to be provided? Yes we will be checking ID's and a different wristband we be utilized each day. How many security wards will be in the beer garden? At the moment the plan is to have (1) security guard in the beer garden at all times. What is your plan for a successful beer garden? Are plan is very simple. We want all of persons attending this event to have fun, and be safe. We will meet all of the requirements of Alcohol, Beverage Control. We will close the beer garden at a minimum of one and a half (1 'h) hours prior to the closing of the event each day. We will not serve minors under no. condition or persons that appear to be intoxicated. We will provide a security guard to ensure the safety of each person in the beer garden. We want the beer garden to be a safe place where people can eat, relax, enjoy the entertainment, and are able to safely have an alcoholic beverage. Live Entertainment: What type of live entertainment will be provided? Again due to the Planning Commission Meeting we have slowed down a little on the entertainment. We have several bands that would like to perform they are Beyond 7, Back to Bedlam, Jet Propulsion, Friday Band, and the Scurvy Kids (local Diamond Bar youth). We also have a D.J. scheduled for Friday and Saturday night. At the moment we have 2 local dance groups scheduled they are the Dellos Dance Co and the Diamond Bar Pop Warner cheerleaders. After the meeting on the 23`d we hope to actively begin scheduling more local dance groups, bands, and martial art groups to perform. Is there going to be someone in charge of the stage area? Yes the Chairperson is Mrs. Christine Lopez. She is in charge of the entertainment and she will have several volunteers assisting her. We will be closely monitoring the noise level of the entertainment. If it gets to loud we will lower the noise. If we get complaints that we cannot fix by either lowering the noise or changing the entertainment we will stop the live entertainment. We have also advised all of the live entertainment that there is to be no use of foul language or exhibits of vulgar behavior during their performances. They have been advised this is a family event. If we can provide more additional information please feel free to contact me at 909-837- 8347. Sincerely, John Long President Diamond Bar Pony Baseball ImUl, � .WN z O CD W cDFyo� ZWZo ¢S��U z W c=�mwZOU ma 0zZr �Zofg� a0a-aU n z ii n n axdILU U p C7 Z (D Z (9 Z U Z 0 Z U - co F= < W f_- F- • F_ t: WZ 'S I 0 a U 0a I o I 0 I o I O 0 °U- N ¢ Z < ¢ ¢ ¢ Q >-U J m U U U U) J JCL J J o a Zp a Q Q Q vQF ui O Fo w w F F p: = J (a_J S J J J J IL 2z a Jz d0 a 2Ez a 2z 00 a 2Ez 00 a 2iz 00 rn 00 )z ¢Q 00 z¢ zQ z4 zQ a WOE a0D L- -2 r 00 oa >0 0O o0 aOf 00 0� 00 Wz LLIz Wz Wz Wz Wz m �_� wLL WJ UQ ti F -a z0 �0Oz o� DZ OZ OZ z.0 z0 z0 z0 I -P Q� =U Ug F- F- aES I -p Qo F--1- a �N ¢� U J O U a U 4 U U U aN S a 2 a S a S a J a aa' 4 F --W J aa` J ad' J¢ D- of J a� a0 Qu J z❑ a0 aW a0 aU a0 Qa a0 aLL o `m m m 5 N m EU U.' Z C C u Qo Q O E m o O v L :3 m O a a ¢ 0 a Q c o yU o m m E WQ o= U @ o O s O @ o cu m U o p m F g m c m Q p m Q U m 1 iJ I a Y Y z o a n o Y o z - z a o O co '00 0 0 c o0 N 0 0 m0) O� N N N o O O o O O� o ik it �. o T U] O o o to 0 O O N m o O co O o U N CD N N N aIL O N o N a m N N v O N o N O N a o N O o N N O�� U o- Of o D o oa _. CL W W 3 C N OO C z (11 O O C C_ U -O in U J O J W J W J } aU] CW amwzUE M m 7 Z aa z$ N(n WU 0 a o a z Wo W LL ON~z w 1zO Q�J oO O Q 2 m C y= Q N ('1 Z U cit Q= p L, OE N 0 0 I� C r C:, U Z 7 w0 U to Z E W z W r zo J Q 0E- cD N 0 �o co mo U O -3 N C; N m CL N cu m N Q z CLL. (O�7 N USc .�.� N— Na NS Nz Nom-. z O CD W cDFyo� ZWZo ¢S��U z W c=�mwZOU ma 0zZr �Zofg� a0a-aU n z ii n n axdILU Customer Col Label II -F, April: I SII III I I I II III I I II I I I I III I II IIIII III II I IIIIIII II II EM 406566130 US a. PO ZIP Cade Day of Delivery Poctago Next C] 2nd ❑ 2M UADa $ Scheduled Dale of Oellvery Return Receipt Fee - Dato Accepted Month Day Mo. Day Your Scheduled Time of Delivery COD Fee Insurance Fee Time Accepted CAM EllNdon Ela PM $ $ Military Total Postage 8 Fees PM Flat Rato ❑ or Weight ❑ Old oay ❑erd Day $ Int'I Alpha C—IyCod, Aeeeptanc' Emp. initials lbs. Azs MEfHOaDF PAYMENT: .r Express Mall Corporate Acct. No. ;-91.72 FROM: 'PLEASE Pawn PHONE171 r � t 9 -1 Customer Cor p'� Label II -F, April 2( EXPRESS MAIL UNITEDSTATESPOSTALSERVICEe Post OfficeTOAddresse Uell,my ANempt O 'Time a 01 A. Employ S1 net rew� Mo. Day ❑ PM 130—y ANempt Time El Am Employe' Signature Mo. Day ❑ PM Delivery Data Time ❑ AM Employee Signal— Mo. Day ❑ PM yam❑ WAIVER OF SIGFIATURE(0o s:lp_M IIOIy)Addlli in I h dice In la MU _Ai f 1 to Is 9 lad Isi d ryl b tl vMM1 hfal,ii B%19 F dile addB told-ary ply I dg; iM1 t n I hal hM r callopl dl Ih dxo to ttl 11 vry omplpy Ig t n !ul'va11, proof NO DELNERYQWuM1 a nHllagy L{�l •, I� ��7„„.,,,'+ .G sih 91BaatJrd;' P s�tal�5c�rvkavP 1 Noo. or TO: IPLEASEPm" PHONE 1 r 1471 L EXPRE5S 111111 lliE11l11111113 11111111 MAIL Eft 406SL6126 LIS UNITED STATES POS74LSERVICE® Post OfficeTOAddress, . Day of Deilvery Postage Employee Signature PO ZIP Code Oe1Wery Attempt Time ❑ AM ❑ Nwt ❑ 2ntl ❑ Old DA Day Mo. Da ❑ Fm Scheduled Date of DeliveryReturn Rocalpt Fee Delivery Attempt Time ❑ AM Employee Signature Dale Accepted ' - Month Day $ DaY ElPM - Mo. Day Year Scheduled Time of 0e11very COD Fee- Insurr.,nce F'o DenyerY Date Tima ❑ AM Employee Signature $ ❑Noon ❑ a PM $ ❑ PM u Time Accepted ❑ AM Milliary Total Pos[age&Foos WAIVER OFSIONATURC (DAm 11 MIIONyJ AtldIU 1 h idl j i '.: i f i i sletl I 1 hdell rybb !r d IthA [ Et31nla9 19rfa1 ❑ PM d� Ll DaY ❑erd DaY $ dU S 9 bad tltl 9 tQltl Ifv ry Play tlg Iha1 dl 1 pp I Rki u tll Ihod th at .1 ry ploy�tig o Iltut alitl p6o�Afd it ly Flat Rat!? or Weight Ord - Int'I Alpha Country Code Acceptance Emp. Initto a - uAnl NO DELIVERY Wook d HAlldny t ( / 1 v r :� E..•-� lbs ' l MEMOOOF PAYMENT: E.pm;s M'I Coryarme Axl. Na v fly17 GRH, X f Paid$t Acct. Noo. ar _ E(?09 1 639 i 0 30 FROM: (PLEASE PRI" PHON.(909 TO:I— PRIMI PHONE ( 1 — C .I.'4 ie C ): AI'It �•1;} I 'fad Y ?7015 4a.7u" rG' I L /,.J d� �. i'.1�•}. Y �.. yU�Y LLvi.v %✓cu�i F`.� J L I SII III I I I II III I I II I I I I III I II IIIII III II I IIIIIII II II EM 406566130 US a. PO ZIP Cade Day of Delivery Poctago Next C] 2nd ❑ 2M UADa $ Scheduled Dale of Oellvery Return Receipt Fee - Dato Accepted Month Day Mo. Day Your Scheduled Time of Delivery COD Fee Insurance Fee Time Accepted CAM EllNdon Ela PM $ $ Military Total Postage 8 Fees PM Flat Rato ❑ or Weight ❑ Old oay ❑erd Day $ Int'I Alpha C—IyCod, Aeeeptanc' Emp. initials lbs. Azs MEfHOaDF PAYMENT: .r Express Mall Corporate Acct. No. ;-91.72 FROM: 'PLEASE Pawn PHONE171 r � t 9 -1 Customer Cor p'� Label II -F, April 2( EXPRESS MAIL UNITEDSTATESPOSTALSERVICEe Post OfficeTOAddresse Uell,my ANempt O 'Time a 01 A. Employ S1 net rew� Mo. Day ❑ PM 130—y ANempt Time El Am Employe' Signature Mo. Day ❑ PM Delivery Data Time ❑ AM Employee Signal— Mo. Day ❑ PM yam❑ WAIVER OF SIGFIATURE(0o s:lp_M IIOIy)Addlli in I h dice In la MU _Ai f 1 to Is 9 lad Isi d ryl b tl vMM1 hfal,ii B%19 F dile addB told-ary ply I dg; iM1 t n I hal hM r callopl dl Ih dxo to ttl 11 vry omplpy Ig t n !ul'va11, proof NO DELNERYQWuM1 a nHllagy L{�l •, I� ��7„„.,,,'+ .G sih 91BaatJrd;' P s�tal�5c�rvkavP 1 Noo. or TO: IPLEASEPm" PHONE 1 r 1471 L -- - - _ - — Customer Copy'. Label t 1-F. April 2004 I IIIIII�IIIIII�IIIII�IIIIIIIIIIII IIIII�IIIIIIIIIIII I IIIIII�III III I ESS M131L PostOfficeToAddressee. lEM 406566165 US UNITED STATESPOSTALSERVICE® •Day of DAI-O' Ppostage Delivery Attempt ❑ Employco Signet— AM PO ZIP Code 0 Nod 0 2ntl ❑2nd De1.0N $ M. Da AtlomPt El PM Time Employee Slgnalure ' Scheduled Date of Delivery Return Receipt Fee D.IMery ❑ AM Date Accepted Mo. Day El PM Monty Day Scheduled Time of Delivery COD Fea Insurance Fee Delivery Dato lima ❑A. Employco ul3gnature AM Mo. Day Year Time Accepted ❑Noon ❑ s PM $ $ M D y ❑ pM . } ❑ AM Military Total Postago & Fees WgIVER OF 31 NATURL (D Il M flOnly)Atltlitl1 )' dl ig I d I bW Ing e1((g t ❑ PM El IdYt I f Ira+ I 5 1 d I Iehdetl Ntah II f tltl rW ge 2 H mPl Y h(eg �widll Ild b told Av ry Flat Rate 0 or Weight ❑Znd DaY a- Day — Cede Acceptance Emp. Initials t u ) ndi ll th ttlell ry pl Y (Ig y IWI Alpha Country lP iom'er Slgp Uae .. <.;_._i ETHDD OFPAYMEW: Fed Xi 1 f r_� ry 6 Po b Srrvi[e ACcl Noo. W iPmce Ma1I Carpo Acct Na. S iJ FROM: tpL EPRINtI ...... HONE (.q � � ) ..i 311 71,30 TO: tPIEASEPRiW) / PHONE ( I r , r �a r cI Y OF 01i4i",fJND bAR � f J1 ,II_I.J VF? LrSt l¢17.> r.i7 U r�(1i lb^>j/ ti"t L� Ac L, L 11111111 1 11 1 1 111111111111111111111111 1111� 1111111111111111111 EM 4065661434 US PO ZIP Code • Day of Delivery Postage ❑ rvexl ❑ zna ❑ zm ua. uar $ Scheduled Date of Delivery Return Receipt Fee Date Accepted Month Day $ Mo. Day Year Scheduled Time of Delivery COD Fee Insurance Fee Time Acceptetla AM E) —a ❑ 3 PM $ Military Total Postage & Fees 0 PM Fiat Rate ❑ or Weight ❑ a. Day ❑ ab oay $ Int'1 Alpha Gauntry Code Acceptance Emp. Initials Ihs. r METHOD OFPAYMFM, _) Express Met Caryomro MCL No. R y � i '� 0 let FROM: (P -ii -r-) r ?.'i A ll.:i'i L+ rin->3 Customer Cor Label 11-F,'Apol 2( IffEXPRESS MAIL UNITED STATES POSTAL SERVICE Is Post OfficeTo Addresse Delivery Attempt Time ❑ AM Employee Signature Mo. On, ❑ PM Delivery Attempt Tim. ❑ AM Employee Slgnalure Mo. Day ❑ PM D,11'M Date Time ❑ AM Employee Signalura Mo. Day ❑ PM N'A1VER OF SIDNATD E(D srfclvl flOnly)Atldlxan, Irp Iah dl o;�� I _ voldifw 1 1 18 Wrel 9 at d I 'khd I ryl dem d wAh I blelirl p Ign ( dare dd ea g kflftl II ry ploye lutl5 that dl l V.,f Itl t Iroar.n) dl ih d Ih td II ry ply f gn t C n hlu! L d p oof Id I ry NO DELIVERY wek a ri utlery. �� j��r'✓ I 7t 1 . � . -, � :..i r--' .•:�tdmar3lBnalula.) Peas15 eMca Mcl.'Noo, ar TO: (PtEA3E PRIM) PNONE i I __ r ? G�Ac'/ i� %UG/IJe>-/tCi j L customer Copy', I IIIIIII IIIIII III III I VIII VIII III I VIII VIII VIII VIII IIII IIII III II IIII L be1774F, Apr112004 ! EXPRESS EM 406566174 US SPOSTAL . UNITED STATES POSTALSERViCE® Post OfficeTo�4iidressee, PD ZIP Code Day of Delivery Postage ❑NOM ❑2nd Diad Detwy $ Scheduled Date of Delivery Return Receipt F nate Accepted Month Day $ $ Mo. Day Year Scheduled Tame of Delivery CDD Fea insi ii—Accepted AM ❑ Naon ❑ 3 PM $ ary To[al Postage 8 ❑ PM $ Flat Hale❑ or Weight Ell—Doy Dara Day Mt'i Alpha Country Catla Acceptance Emp �DELIHEFiY (POSTLAL�USE,}'ONLY�J�P"` lbs. NEDIDp OF PAYMENT: .r ! y 200' /� - Podcrol Pgencyc N'. cr .'.MOBCoryerate Acct he- X 91. ! G V J ) '�tt ^,� 3 PasIPJ SeMcs kct. No. FROM: (PLEASEPe" PRONE I909, 8 _'S 9 U _a 0 TO: IPLEASE PRINTI PHONe L� r IF Ci r"A u 7 V a" 1 t.l I i U c;) hi. '� f r"• Z1 _a 25 ) OP E -Y J T.Ii41`eiJ b"LN" CA 917r w.4/.176 r�lJl /�✓ �dJrl Sd7rrt' �'"�r Lrcif��7cv��.S 14 1 IIIIIIINI I IIIIIIIIIIIINIslllltlllllllllal EM 40L566191 US NeM [] led Dafe o ❑ 1+W Del. Dry $ .hedui¢d f Delivery R celh Dey $ Year d�iau�eu�o DAM [:1 N... ❑ 3PM $7 $ Mllltary Total Postage A Fees El PM eight ❑ 2n ❑a�a y $ Int'I Alpha Country Code Acceptance Eelp, W0.1, itlale Customer Copy Label i I -r, April i004 EXPRESS MAIL �y UNITEDSTATES POSTAL SERVICE® Post ®f icery oAddressee jt�tilELld/E(i'Y4�lP�OSTr,�LAL�U',SEE�O,N LY�1 :�"ymS�„awS"".�ti3o� lbs. i, u U 'Customer Signature AETNOb OF PAYME- ' 1 ..; 4 Federal Agrncy Ped. N�.Or mea MulGapomte Pat Na ^�+• ..0 Po51050MCe Pf 1, No. FROM: (Pl wreriINn 1,11—Y `I t.� ) 7 :5 u 70 30 TO: (PLEASEPRINT) PHONE I I r I r 1 3 Y U 2 / 2182"i lI P r N rt ��C! ✓T L° ,I6 i C,4 'Bali,.—,:.? 7h lbs. NEDIDp OF PAYMENT: .r ! y 200' /� - Podcrol Pgencyc N'. cr .'.MOBCoryerate Acct he- X 91. ! G V J ) '�tt ^,� 3 PasIPJ SeMcs kct. No. FROM: (PLEASEPe" PRONE I909, 8 _'S 9 U _a 0 TO: IPLEASE PRINTI PHONe L� r IF Ci r"A u 7 V a" 1 t.l I i U c;) hi. '� f r"• Z1 _a 25 ) OP E -Y J T.Ii41`eiJ b"LN" CA 917r w.4/.176 r�lJl /�✓ �dJrl Sd7rrt' �'"�r Lrcif��7cv��.S 14 1 IIIIIIINI I IIIIIIIIIIIINIslllltlllllllllal EM 40L566191 US NeM [] led Dafe o ❑ 1+W Del. Dry $ .hedui¢d f Delivery R celh Dey $ Year d�iau�eu�o DAM [:1 N... ❑ 3PM $7 $ Mllltary Total Postage A Fees El PM eight ❑ 2n ❑a�a y $ Int'I Alpha Country Code Acceptance Eelp, W0.1, itlale Customer Copy Label i I -r, April i004 EXPRESS MAIL �y UNITEDSTATES POSTAL SERVICE® Post ®f icery oAddressee jt�tilELld/E(i'Y4�lP�OSTr,�LAL�U',SEE�O,N LY�1 :�"ymS�„awS"".�ti3o� lbs. i, u U 'Customer Signature AETNOb OF PAYME- ' 1 ..; 4 Federal Agrncy Ped. N�.Or mea MulGapomte Pat Na ^�+• ..0 Po51050MCe Pf 1, No. FROM: (Pl wreriINn 1,11—Y `I t.� ) 7 :5 u 70 30 TO: (PLEASEPRINT) PHONE I I r I r 1 3 Y U 2 / 2182"i lI P r N rt ��C! ✓T L° ,I6 i C,4 'Bali,.—,:.? 7h Customer Copy • label lT-F, April 2004 CEXPRESS OMM��L�ERVICE® PostofficeToAddres-ee EM 406566205 US UNITED STATES o e' 'D •Day ❑AM Employee Signature Delivery Attempt Time PO ZIP Code of Dellvery Postage ❑ PM ❑ Next 112ntl C]Del. t Fee Reco'p Me' Oa Delivery Attempt Time ❑ AM Employee Signature Scheduled Date off D eIW Return El pm Data Accepted Month Day $ oe Fee Mo• Day D 11 ry Date 71 ❑ AM E pl y o Sig 1 6chedulod Time of Dellvery 'COO F In r an dd..su Me. Day Year 'Oma Acc.Pad AM ❑Noon ❑ aPM $d. $ ElTt M . Day ❑ PM _. t QWMVER tl MeilO IY)Additi 1 h dl I i MJr - - IP t ge&Fee OF 6IGNATUHE(O IdH IDn W I r 9 asl a IWIehd II ryt ba tl IM tob7al 9s(g II ��yd9 that di I bel �tl ❑ PM CC ❑ 2na osY ❑ ab DaY W d ddm 9 MPfd ry PI stitut rpol ld 11 ery 1 '� Q h) nd1 ih 1 that it IIJ N Ploy B t)e it Flat Rate ❑ or Weight let'I Alpha Country Code Acceptance Emp. initials f ,t H lid NO DELIVERY�W kaMi t" �^ f "IY t filg 1 ,L�,)r ..LDds ilpl' o s - Federd Agency Pcct. No. er No. METNODOF Ea PAYMFM: _Man corporals Arlt IM. x 417,� D Postel6eMcu Pat 1 a'i33! 0^3 P,3 TO: IPLFASE PPItRI P.01,15.T Ir FROM:IPLEasEPnINN PNONE I' 1 i r /Y1% �'o/1L A �If L�•j� �. ,.4i' inti �� "�'ld �': ��/r�,, /�� .�1 `l��. v:1 /'.J :T•"''r110 �'�/� �1,'_l)�S. ,IJP � •L� jJ�x / Customer Copj Label 11-F, April 2g0 VIII I III I I III III I I �) II I III I III IIII III III I II I I II �/g�,99 .-.I a� E/®tl-PBES� EM 406566228 US M,51L - UNITED STATES POSTALSERVICE® Post officeTo Addressee P • D .:.. •Day L o -`at". 7�:.; �dP..ostagn P • : p a r..�l ..:t 3, f'i�3'i`;. PO ZIP Cade of Delivery DeifveryAttempt Tlme ❑AM .e,°i0' Empl6ye Slgneture ❑ NeRt Ell. ❑ 2nd Ynd Celie, y Mo. Day ❑ PM Dele 6chedu1ed Accepted Data of Delivery Return Receipt Fee Delivery Attempt Time ❑ AM Employee Slgnalure Month Day $ Me. Day ❑ PM - Me. Day Year Scheduled Time of Delivery COD Fee Insuranee Fee•-.-- Delivery Data Time ❑ Employee Signature Time Accepted ❑ AM ❑Noon ❑ aPM �tlh� W S AM M Day ❑ pM ' Military ❑PM ❑ ❑and Total Postage & Foos �c \ ( WAIVEfl OF61GN0.TURE(O NCM 11OMyf Aaditi 1 M1 tli I Ie � I W iv f I atu 1, q sted i h'd W ryt b do Ilh m bl g Ig t Flat Rate ❑ or Weight Int'I Entl Cay ony Alpha Country Code 4+ Acceptance Emp• Initlels (tld seg told II ryempMy j dg IHa tl t b ttl I n)nndi N d Ih Id 11 ry PbY §,sslga stll t SII p of ord II ry I lbs. NO DELIVERY W knd j kt Id y•:t`+.., /�fi:� t Y/ .' 1 METHOD of PAYMENT: 6pess Mels Cerperale Aea. Na 11.9 i 7 20cT PFeWstaI Se Mm P-1. N. or \ FROM: (PLEA6EPRINT) PH—(� "• a I Rl ,' 7 Ce"p-1J TO: (PLEASE PfliNTI PHDNE 1 1 r C'LT1! U�F ti's ti ,. r — / � .F tin f ,� /•� ;. �� ULj i Jf'I f :A, L- —fir n ,d hVIN"M .......... „„� CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On June 23, 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 June 19, 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 June 19, 2009, at Diamond Bar, California. Stella Marquez Community Development Department g:%ffidavi tpcs ting. d oc