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HomeMy WebLinkAbout09/22/2009FILF col, PLANNING COMMISSION AGENDA September 22, 2009 7:00 P.M. South Coast Air Quality Management District Government Center Building - Auditorium 21865 Copley Drive Diamond Bar, CA Chairman Vice Chairman Commissioner Commissioner Commissioner 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 29825 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. �1 DLIDIOND BAIL Please refrain from smoking, eating er the cxy or Diamond tsar 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: infODci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, September 22, 2009 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2009-20 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman Steve Nelson, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: This is the time and place -for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (completion of this form is voluntarv). There is a five-minute maximum time limit when addressing the Planninq 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: August 25, 2009. 5. OLD BUSINESS: None. 6. NEW BUSINESS: 7. PUBLIC HEARING(S): 7.1 Development Review No. 2009-04 — Under the authority of DBMC Section 22.48, the applicant is requesting approval to demolish an existing 4,247 square foot "single family residence and construct a new 5,658 square foot single story residence with one attached garage and one detached garage on a 1.28 acre Rural Residential (RR) zoned parcel of land with a consistent underlying General Plan Land Use designation. Project Address: 22415 Steeplechase Lane (Tract 30578, Lot 167, APN 8713-009-006) SEPTEMBER 22, 2009 PAGE 2 PLANNING COMMISSION AGENDA Property Owner: Hai and Kim Nguyen 3057 Windmill Drive Diamond Bar, CA 91765 Applicant: Andrew S. Miller 25 Rana Rancho Margarita, CA 92688 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 153039a) (New Construction of one single-family residence) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2009-04, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 7.2 Development Review No. 2009-06 and Amendment to Comprehensive Sign Program No. 2006-04 — Under the authority of DBMC Section 22.48 and Section 22.36.060, the applicant is requesting approval to: 1) remodel two buildings on the south end of Diamond Hills Plaza which were not part of the center's recent renovation (day care building and adjacent multi -tenant building); and 2) demolish the existing theater building and construct a new 14,700 square foot retail building in its place. The amendment to the Comprehensive Sign Program involves: 1) subdividing the sign panels on the pylon sign to allow for the identify of additional tenants, 2) increasing the height of the monument signs along Diamond Bar Blvd. to improve visibility, and 3) providing standards for way -finding signs throughout the center. The shopping center is approximately 18 acres in size and zoned C-2 (Community Commercial) with a consistent underlying General Plan Land Use designation. Project Address: 21385 and 21335 Cold Springs Lane, and 2751 Diamond Bar Blvd. Property Owner: Country Hills Holding LLC, Bob Poyner 8115 Preston Rd., Suite 400 Dallas, TX 75225 SEPTEMBER 22, 2009 PAGE 3 PLANNING COMMISSION AGENDA 3 Applicant: Ware Malcomb, Michael Martin 10 Edelman Irvine, CA 92618 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) and Article 19 Section 15302(b) (Replacement or Reconstruction) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission approve Development Review No. 2009-06 and an Amendment to Comprehensive Sign Program No. 2006-04, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. PLANNING COMMISSION COMMENTS /.INFORMATIONAL ITEMS: STAFF COMMENTS / INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects: 10. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: PLANNING COMMISSION MEETING: Tuesday, October 6, 2009 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, October 8, 2009 7:00 p.m. Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, October 13, 2009 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive SEPTEMBER 22, 2009 PAGE 4 PLANNING COMMISSION AGENDA PARKS AND RECREATION COMMISSION MEETING: 11. ADJOURNMENT: Thursday, October 22, 2009 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive A MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 25, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:01 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Nelson led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners, Kathy Nolan, Jack Shah, Vice Chairman Steve Nelson and Chairman Tony Torng. Absent: Commissioner Kwang Ho Lee was excused Also present: Greg Gubman, Community Development Director; Katherine Laufenburger, Senior Planner; David Alvarez, Assistant Planner; and Stella Marquez, Senior Administrative Assistant. 2, MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. CONSENT CALENDAR: 4.1.1 Planning Commission Workshop Minutes of July 28, 2009 - - - -C/Nolan- moved,- -C--/Shah--seconded-,-to--approve-the-Workshop Minutes of -July 28,- 2009, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Shah, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Nelson ABSENT: COMMISSIONERS: Lee 4.1.2 Planning Commission Regular Meeting Minutes of July 28, 2009. C/Shah moved, C/Nolan seconded, to approve the Regular Meeting Minutes of July 28, 2009, as presented. Motion carried by the following Roll Call vote: AUGUT 25, 2009 5 6. 7. PAGE 2 PLANNING COMMISSION AYES: COMMISSIONERS: Nolan, Shah, Chair/Torng NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Nelson ABSENT: COMMISSIONERS: Lee OLD BUSINESS: None NEW BUSINESS: 6.1 General Plan Status Update Report for 2008 AP/Alvarez presented staff's report and recommended that the Planning Commission approve the report and direct staff to submit the report to the City Council to receive and file. VC/Nelson moved, and C/Nolan seconded, to approve the 2008 General Plan Status Report and direct staff to submit the report to the City Council to receive and file. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lee PUBLIC HEARINGS: 7.1 Conditional Use Permit No. 2009-05 - Under the authority of Diamond Bar Municipal Code Section 22.58, T.F. Max, Inc., has submitted a request to operate a foot massage establishment under the business name Relax Station. The proposed establishment will provide foot care services provided by professionally trained technicians. The services proposed include acupressure reflexology and massage. The proposed floor plan includes three (3) treatment areas that have two (2) tables and chairs in each area. The tables would be located inside an area that would be screened with three (3) five foot high partition walls; one side of the area would be open to the hallway. The proposed hours of operation are 10:00 a.m. to 9:00 p.m. seven (7) days a week. PROJECT ADDRESS: 1395 Diamond Bar Boulevard Diamond bar, CA 91765 AUGUT 25, 2009 PAGE 3 PLANNING COMMISSION PROPERTY OWNER: Diamond Gate Properties, LLC Attn: Charley Boo 1411 S. Diamond Bar Boulevard Diamond Bar, CA 91765 APPLICANT: T.F. Max, Inc. 2236 S. San Gabriel Boulevard Rosemead, CA 91770 AP/Laufenburger presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2009-05, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Torng opened the public hearing. Calvin, speaking on behalf of the owner, stated that the target clients are office workers and older adults recovering from minor illnesses or injuries. The primary functions of the business are stress relief, improved blood circulation, fine-tuning the body's metabolism and sickness prevention. The service is performed by having the customer sit on a chair and expose the feet only to the technicians who will apply focused pressure using knuckles on certain known reflex points located in the foot. The service will be performed in an open area and folding screens will be used for customer -- --- - -privacy-Tis f,usiness is—pollution— ree, -noise-freeand—there-are-no chemicals used. Foot reflexology is a common practice in various countries of Asia and is a common practice with a long history behind it. C/Nolan asked if the majority of business would be walk-in, insurance and doctor recommendation. Calvin said it would be walk-in business. VC/Nelson asked if the technicians would be licensed. Calvin responded that all technicians hold a license from a reflexology school. C/Shah asked if the owner was required to obtain a state license for this business. Calvin responded yes. The owner has a state license for his business. The individual technicians must also obtain the license individually by applying to the school. Calvin responded to C/Nolan that the school is a AUGUT 25, 2009 r PAGE 4 PLANNING COMMISSION government school and whoever graduates receives a license approved by the state of California. CDD/Gubman stated that his understanding is that there are accredited massage technician schools and when the City does background checks and issue business licenses staff looks for certificates from accredited schools as well as sufficient hours of practice. There has been legislation within the past year to help the massage therapy industry because massage therapy as a category has a fringe element that tarnishes the reputation of the reputable practitioners. Unless the current budget problems delay it, there will be a state organization that issues certificates for massage therapy. If certified, massage businesses and technicians would no longer be required to go through City's background checks and/or the Conditional Use process. C/Nolan asked for clarification that the City actually performs the background checks for specific employees but the business is responsible for qualifications of individual technicians and not just the business. CDD/Gubman said C/Nolan was correct. The City contracts with the Sheriffs Department to conduct criminal background checks on the technicians and the business owners. Even though the Conditional Use permit runs with the land and the business can be sold to successors, new owners and technicians must go through individual background checks. Chair/Torng closed the public hearing. C/Nolan moved, VC/Nelson seconded, to approve Conditional Use Permit No. 2009-05, based on the Findings of Fact, and subject to the conditions of approval as_ listed -within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lee 7.2 Development Review No. 2006-39 and Tree Permit No. 2006-09 — Under the authority of Diamond Bar Municipal Code Section 22.48, 22.54, and 22.38, the applicant requested approval to demolish an existing 3,950 square foot residence and construct a new 13,627 square -foot single-family residence on a one acre, Rural Residential (RR) zoned parcel of land with a consistent underlying General Plan land use designation. In addition, a Tree AUGUT 25, 2009 PAGE 5 �k. u, th u PLANNING COMMISSION Permit is requested to remove a total of nine (9) protected trees and replace them at a 3:1 ratio. The trees to be removed include eight (8) black walnuts and one (1) willow tree. PROJECT ADDRESS: PROPERTY OWNER: 2461 Indian Creek Road Diamond Bar, CA 91765 Pajnit and Jagat Walia 2461 Indian Creek Road Diamond Bar, CA 91765 APPLICANT: Pete Volbeda 180 Benson Avenue, Suite D Upland, CA 91786 AP/Alvarez presented staff's report and recommended Planning Commission approval of Development Review No. 2006-39 and Tree Permit No. 2006-09, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nolan asked for clarification of VC/Nelson's concern about replacement trees. PT/Alvarez responded that nine protected trees will be removed and 27 trees to be planted, six of which will be in a 24 -inch box, six of which will be black walnut and the rest will be the same protected species as those removed. C/Shah commented that the old footprint was much smaller and the new --- -footprint-is-1-3;000.- Isthereany discretion -on how -the -applicant will -maintain the storm water within the site? PT/Alvarez responded that the existing residence is 3,959 square feet and the new residence will be 13,000. The new footprint is 9,298 square feet which will include a detached garage, patio, patio cover, gazebo, etc. CDD/Gubman responded to C/Shah that there are stringent NPDES requirements for storm water retention on the site and for storm water practices. Through the plan check process the Public Works Department will verify compliance prior to the issuance of permits. Prior to issuance of a CO (Certificate of Occupancy), the temporary storm water retention improvements would need to be removed and the permanent improvements would need to be in place and demonstrated to be operational. With residential development, staff looks to direct the storm water runoff from the roof toward landscape areas to a certain percentage. There is a certain amount of storm water that needs to be retained on site AUG UT 25, 2009 PAGE 6 PLANNING COMMISSION and infiltrated into the ground. There are limits as to how much storm water/runoff can actually be released into the public storm drain system. Pete Volbeda, architect, said he was pleased to present this project to the Planning Commission. He had an early review from an arborist who recommended a 2:1 replacement because "the 3:1 replacement planting plan is more than the property needs and I recommend a 2:1 replacement for proper growth and to avoid overcrowding of tree canopies as trees mature." Walnut trees can grow quite large and if all 27 walnut trees are planted the arborist says they will not grow to full mature trees because they will crowd each other. Mr. Volbeda said he did not mind planting 27 trees but it might be better to plant some other species such as oak if 27 are required. Perhaps this can be worked out with staff. VC/Nelson said he was not inclined to let the applicant away from the 3:1 ratio. He heard the concerns about overcrowding on site and would like to see that demonstrated. However, he is not sure staff has the ability to determine whether an overcrowding of walnuts would occur. If the site would not permit the 3:1 replacement on site, there are off-site replacement ratios as well, which are essentially costs that go into a fund to plant street trees and that would be the direction if 3:1 is impracticable on site. Of course, the City would not want to create an unsuccessful replacement program and would rather have the extra trees in a park or on the street. He said the Commission would defer further discussion about how to resolve this matter and entertain not necessarily putting all of the trees on site but not consider reducing the 3:1 ratio requirement to 2:1. Mr. Volbeda said that he agreed with VC/Nelson. CDD/Gubman confirmed that if the site is too constrained to accommodate full replacement ratio the City would accept in -lieu dedication of the trees either through contribution to the Community Services Park Development fund or to the Street Tree fund to satisfy the code requirement. Chair/Torng opened the public hearing. With no one present who wished to speak on this item, Chair/Torng closed the public hearing. C/Shah moved, C/Nolan seconded, to approve Development Review No. 2006-39 and Tree Permit No. 2006-09 subject to amendment of Condition No. 6 as recommended by VC/Nelson to wit: Trees will be AUGUT 25, 2009 PAGE 7 PLANNING COMMISSION replaced at a 3:1 on-site or off-site or in the form of in lieu fees and that at least six 24 -inch box trees and at least six 15 -gal black walnut trees shall be planted on-site, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lee PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future proiects. CDD/Gubman advised the Commission that the 45 -day public comment period for the Site D Draft EIR concluded on August 10. On August 3 staff held a neighborhood forum to give residents an opportunity to ask questions and submit their comments orally. Staff collected about 24 comments. Overwhelmingly, the comments were opposed to a commercial component, to the Site Specific Plan, preference for other alternatives, etc. Before staff prepares the final EIR the City will meet with the Executive Staff of the Walnut Valley Unified School District to debrief on the comments received, and discuss whether to move the project forward as is or modified to some degree. He would not anticipate bringing a final EIR and public hearings to the Commission prior to the start of the next =year.. - - - - --- C/Nolan asked if the Commission would have another workshop to consider the public feedback. CDD/Gubman felt it was a good idea but that staff needed to meet with the school district to determine their objectives. Chair/Torng said he agreed with the Specific Plan for Site D and he believed the City needed to plan for a very enticing anchor market. Otherwise, it could be a bad project. CDD/Gubman said he believed the context in which Diamond Bar finds itself today is quite a bit different from the time that the MOU was crafted with the school district and the initial land use plan was conceptualized. He had a feeling that the City needed to look at how the times have changed rather AUGUT 25, 2009 PAGE 8 PLANNING COMMISSION drastically with the NFL stadium and other issues as to the wisest stewardship of this property. CDD/Gubman responded to Chair/Torng that there is little news regarding the stadium. Staff is aware that the developer is involved in two lawsuits with the City of Walnut and with a private group led by Walnut residents. He said he understood that Majestic would have a public meeting in the near future and he will advise the Commission whether that information is accurate and would provide a time and place. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 7:40 p.m. The foregoing minutes are hereby approved this 22nd day of September, 2009. Attest: Respectfully Submitted, Greg Gubman Community Development Director_ Tony Torng, Chairman PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE --DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-31 17—www.cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: September 22, 2009 CASE/FILE NUMBER: Development Review No. 2009-04 PROJECT LOCATION: 22415 Steeplechase Lane, Diamond Bar, CA 91765 (Tract 30578 Lot 167, APN 8713-009-006) APPLICATION REQUEST: Approval to demolish an existing 4,247 square foot single family residence and construct a new 5,658 square foot single story residence on a 1,10 acre parcel of land. ZONING DESIGNATION: Rural Residential (RR) GENERAL PLAN Rural Residential (RR) DESIGNATION: PROPERTY OWNERS: Hai and Kim Nguyen, 3057 Windmill Drive Diamond Bar, CA 91765 APPLICANT: Andrew S. Miller 25 Rana Rancho Santa Margarita, CA 92688 STAFF RECOMMENDATION: Approve, subject to conditions BACKGROUND: A. Site Description: The site is located in the Diamond Bar Country Estates ("The Country") inear the intersection of Wagon Train and Steeplechase Lane, which are fully improved private streets. The property is 1.10 acres in area, rectangular in shape, and is currently developed with a 3,467 square -foot single family home with a 780 square foot attached garage that was constructed in 1977. The site is legally described as Lot 167 of Tract No. 30578, and the Assessor's Parcel Number is 8713-009-006. B. Proiect Description: The applicant requests approval to demolish the existing residence, and construct a new 3,888 square -foot, one-story, single-family residence with an attached 776 square foot two -car garage and a detached 993 square foot three -car garage. The applicant has provided a stamped set of plans with approval from the Diamond Bar Country Estates Homeowners Association (DBCEA). There are no protected trees on any portion of the property where earthwork or construction is proposed. ANALYSIS: A. Review Authority (Diamond Bar Municipal Code Chapter 22.48) New construction on a vacant lot requires Planning Commission approval of a Development Review application. B. Site and Surrounding General Plan, Zoning and Uses Page 2 DR 2009-04 General Plan Designation Zoning District Land Use Site Rural Residential RR Vacant Land North Rural Residential RR Single Family Residential South Rural Residential RR Single Family Residential East Rural Residential RR Single Family Residential West Rural Residential RR Single Family Residential Page 2 DR 2009-04 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 78 Feet Yes Side Setbacks 15 feet on one side & 10'-0" — west side Yes 10 on the other side. 15'-0" — east side Side yard minimum 25'-0" — west side between adjoining 25 feet 35'-2" —east side Yes structures Rear setback 25 feet 147 feet Yes Lot Coverage Maximum of 30% 12% Yes Building height limit 35 feet 34 feet Yes Retaining Wall Maximum Height 6 feet Not to exceed 6 feet Yes Height Landscaping 50% of front yard Over 75% Yes Driveway Width Maximum 14 feet @ PL 14 feet @ PL Yes Parking Two in fully enclosed garage One 2 -car garage and Chapter 22.30 one 3 -car garage for a Yes total of 5 spaces 2. Site and Grading: The site is a predominantly level with the area of construction near the middle of the lot where the existing house is. The average slope of the site is 6.5%. The applicant indicates that the proposed project will require 1,250 cubic yards of cut, and 1,250 cubic yards of fill, resulting in no material being exported from the site. 3. Elevations: The new single family residence is designed in an International style of architecture. Characteristic features of the International style are flat roofs, smooth unadorned wall surfaces, floor to ceiling windows, asymmetrical elevations, and multiple roof levels. 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 preliminary landscape plan Page 3 DR 2009-04 indicates that the future landscaping will comply with the Fire Department's regulations and guidelines. The applicant indicates that over 75% of the required front yard area will be landscaped with plant material. Plant types proposed throughout the site are drought tolerant non-invasive plant species such as variegated Mock Orange, Kangaroo Paw and California Sycamores. A condition of approval has been added requiring the avoidance of invasive species as identified by the California Plant Council D. Compliance with Hillside Manaqement Ordinance The proposed project has been reviewed for compliance with the City's Hillside Management Design Guidelines and regulations. Section 22.22.120(x)(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. The submitted plans demonstrate that the proposed structure will comply with the City's maximum building height requirements. 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 appearance of the proposed single-family residence is 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 on September 11, 2009. 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 the' California Environmental Quality Act (CEQA) in accordance with the provisions of Article 19, Section 15303(a) of the CEQA Guidelines (new construction of one single-family residence). No further environmental review is required. Page 4 DR 2009-04 RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Development Review No. 2009-04 based on the findings set forth under Section 22.48.040 of the Development Code, subject to conditions. Prepared by: 4tathe6C�inetauf. burger Senior Planner Attachments: Reviewed by s-' Greg Gubman, AICP Community Development Director 1. Draft Resolution of Approval 2. Aerial Photo 3. Exhibit "A" - site plan, floor plan, roof plan, elevations Page 5 DR 2009-04 13 PLANNING COMMISSION RESOLUTION NO. 2009 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, CONDITIONALLY APPROVING DEVELOPMENT REVIEW NO. 2009-04 FOR THE REQUEST TO CONSTRUCT A SINGLE STORY SINGLE-FAMILY RESIDENCE ON LOT NO. 167 OF TRACT 30578 LOCATED AT 22415 STEEPLECHASE LANE, DIAMOND BAR, CA (APN 8713-009- 006) RECITALS The Planning Commission considered an application filed by Andrew Miller, on behalf of the property owners, Hai and Kim Nguyen, requesting approval of plans to construct a single -story, 3,887 square - foot single-family residence with an attached 776 square -foot two -car garage and a detached 993 square foot three -car garage. The location of the proposed project is 22415 Steeplechase Lane. 2. The subject property is zoned Rural Residential (RR) and it contains 47,708 square feet (1.10 acres) 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 167 of Tract No. 30578, and the Assessor's Parcel Number is (APN) 8713-009-006. 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 September 22, 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: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission has determined the project to be Categorically Exempt from the provisions of CEQA in accordance with the provisions of Article 19 Section 15303(a) (New Construction of one single-family residence) of the CEQA Guidelines. No further environmental review is required. 3. 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 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 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 2 Planning Commission Resolution No. 2009-xx attractive development contemplated by Chapter 22.48 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. 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 existing 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.cal-inc.org. (3) The applicant shall obtain the services of a licensed Planning Commission Resolution No 2009-xx landscape architect to prepare the final landscape plans for the proposed project. The landscape plans shall include the design and selection of material for all hardscape, walls and fencing. The detailed landscape plans shall be submitted to the. Community Development Director for review and approval, prior to issuance of building permits. (4) The required landscape plan shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification Plan Guidelines in terms of plant selection, placement and maintenance. The final landscape plan shall be submitted to the Fire Department for review and approval. (5) 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. (6) 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. 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, Pete Volbeda, 180 N. Benson Ave., Suite D, Upland, CA 91786, and the property owner Mr_ Basant Bhatia, 17753 Via San Jose, Rowland Heights, CA 91748. 4 Planning Commission Resolution No 2009-xx APPROVED AND ADOPTED THIS 22ND DAY OF SEPTEMBER 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 93 Tony Torng, 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 22nd day of September, 2009, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary Planning Commission Resolution No. 2009-xx A4, f. I :1 ' 1117E-1 1,:T, COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. 2009-04 SUBJECT: New Single Family Residence PROPERTY Hai and Kim Nguyen 3057 Windmill Drive Diamond Bar, CA 91765 APPLICANT: Andrew S. Miller 25 Rana Rancho Santa Margarita, CA 92688 LOCATION: 22415 Steeplechase Lane, Diamond Bar, CA ALL. OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. In accordance with Government Code Section 66474.9(b)(1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. 2009-04 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: 6 Dl-- r`nr,,mic—., 9h00 vv (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. 2009-04, 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. 2009-04, 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 7 _- C 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 public services and resources. The single family residence shall not be used for commercial/institutional purposes, or otherwise used as a separate dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 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. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid 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 comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. TIME LIMITS The approval of Development Review No. 2009-04 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively attached hereto as Exhibit "A" 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. 2. Prior to the issuance of any permits, the Applicant shall complete and record a "Covenant and Agreement to Maintain a Single -Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los Angeles County Recorders Office. 3. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 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. 2. Prior to issuance of any permits, the method of tree replacement shall be determined. Trees that will be replaced on site shall be plotted on the final landscape plan for the City's review and approval. 3. 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. 4. 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. 5. 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 slope shall be landscaped at the completion of grading activities. All slope planting, 119 irrigation and revegetation areas shall be continuously maintained in a healthy and thriving condition. 6. Prior to releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the slope vegetation is in satisfactory condition. 7. Retaining walls shall not exceed an exposed height of six (6) feet as delineated on the plans on file with the Planning Division. All retaining walls shall be earth tone in color and constructed from decorative material. Retaining walls or fences located within the front yard setback shall not exceed an exposed height of 42 inches. F. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, 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. 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. 2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan (SUSMP) requirements to the satisfaction of the City Engineer. Please refer to City handouts. 3. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced 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. SOILS REPO RTIGRADING/RETAINING WALLS Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. Upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080 -Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. Ali 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 11 C points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. 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. 9. 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 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. 10. Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. 11. Prior to the issuance of building permits, a pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 12. Rough grade certifications and as as -graded geotechnical report by project soils engineer shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 13. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. 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. 12 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department_ D. UTILITIES Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. F. SEWERSISEPTIC TANK Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and 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. 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. 5. The applicant shall submit a foundation and soils investigation report. 6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Kitchen and bathroom lights 1 '3 shall be fluorescent or controlled by a manual-on/auto off, occupant sensor. 7. 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. 8. A height survey may be required at completion of framing. 9. Indicate the proposed building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Each building height G. Type of construction d. Each group occupancy e. Property line location in relation to each building (side yard) Prior to Building permit issuance, Walnut Valley Unified 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 10. 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. 11. Indicate all easements on the site plan. 12. 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. 13. All retaining walls shall be submitted to the Building and Safety and Public Work Departments for review and approval. 14. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. I^ 15. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 16. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 17. Private property sewer/septic system shall be approved by the Los Angeles County Health Department and the California Water Control Board. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Fire Department approval is required. Contact the Fire Department to check the fire zone for the location of your property. If this project is located in Very High Severity 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. 2. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 3. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 4. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction for fire protection and available pending completion of the required fire protection system. 5. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End 4 C I � rr ftF• � ' . y � ,r r+. 2205 fDephwAase La ` it + _ irr• � ; � i�� �, 1 � – �� =*"_ iA _ �� ., I fie; ��� � = =-'— fi•� 616 I y t dr - N� - � i � -� Irl Y �„ ".� "�h4y` ry �'fi' -F�� ��• 41k .t 'S 1 1 ^ h { 4A: �� � •� ,''' � J v'.. � .I �? t it -r7 PLANNING COMMISSION �N�bxroias'R� t9g9 AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765 --TEL (909) 839 -7030 --FAX (909) 861-3117--,Aww.cityofdiamondbar.com AGENDA ITEM NUMBER: 7.2 MEETING DATE: September 22, 2009 CASE/FILE NUMBER: Development Review No, 2009-06 and Amendment to Comprehensive Sign Program No. 2006-04 PROJECT LOCATION: Diamond Hills Plaza 21835 and 21335 Cold Spring Lane and 2751 Diamond Bar Blvd. (APN 8285-020-032, 8285-020-033, 8285-020-034 and 8285-020-044) APPLICATION REQUEST: To renovate two existing commercial buildings; to demolish the existing theater building and replace it with a new 14,700 square -foot retail building; and amend the existing Comprehensive Sign Program. ZONING DESIGNATION: Community Commercial (C-2) GENERAL PLAN General Commercial (C) DESIGNATION: PROPERTY OWNERS: Country Hills Holding LLC Bob Poyner 8115 Preston Road, Ste. 400 Dallas, TX 75225 APPLICANT: Ware Malcomb Michael Martin 10 Edelman Irvine, CA 92618 STAFF RECOMMENDATION: Approve, subject to conditions BACKGROUND: A. Site Description Diamond Hills Plaza is located on the west side of Diamond Bar Boulevard, between Cold Spring Lane and Fountain Springs Road. On December 6, 2005, the City Council approved entitlements for a facade renovation and construction of two new buildings for the shopping center. On February 6, 2007, the City Council approved a Comprehensive Sign Program and associated entitlements. The staff reports and resolutions approving the Development Review and Comprehensive Sign Program are provided under Attachment 4. B. Proiect Description The applicant requests approval for the following: • Development Review: o Renovation of the two buildings on the south end of the Diamond Hills Plaza which was not part of the center's recent renovation (day care building and adjacent multi -tenant building). Originally these buildings were proposed to be demolished and replaced with two new 2 and 3 -story buildings. o Demolish the existing theater building at the north end of the center and construct a new 14,700 square foot multi -tenant retail building in its place. • Comprehensive Sign Program Amendment: o Subdivide the lower sign panels on the freestanding entry sign to increase the number of tenants that can be identified o Increase the height of the freestanding monument signs along Diamond Bar Boulevard twenty (20) inches so that all sign panels are visible to the street o Change the background color of the freestanding signs to off-white to allow for improved readability o Replace the existing 48 inch high directional signs that identify five (5) tenants with new 70 inch high direction signs that identify up to 18 tenants ANALYSIS: A. Review Authority (Diamond Bar Municipal Code Chapter 22.48 and Section 22.36.060) Commercial development projects require Planning Commission approval of a Development Review application. Revisions to an approved comprehensive sign Page 2 DR 2009-06 and CSP 2009-06AMD program that deviate from the original approval required planning commission approval. B. Development Review (Section 22.48): New Construction: The theater building located at the north end of the shopping center will be demolished to allow for the construction of a new multi -tenant building. Although the exterior shell of the theater body was remodeled, its reuse was ultimately found to be infeasible. The new building will incorporate the colors and materials of the existing center, including a new tower on the north end that is proportionate to the building and complimentary to the design of the towers on the existing buildings. The area in front of the theater will have seating areas and landscaping to provide an outdoor space for the public. 2. Renovations: The two buildings located on the south end of Diamond Hills Plaza will be renovated to match the renovations that were completed throughout most of the center in 2006. The renovations to the day care building involve the construction of a new tower on the north elevation, adding stone veneer to the facade, changing the roofing material to match the existing center and matching all colors of the newly renovated center. The multi -tenant building will also be renovated to match the existing center, including colors, materials and a tower on the east elevation. The north elevation of the multi -tenant building requires additional architectural relief, such as a spandrel glass panel on the blank wall, and additional stone wainscot. A condition of approval has been included requiring the applicant to work with the Planning Division to provide these necessary details. Once complete, these renovations will finalize the renovation of the shopping center. 3. Pedestrian Access: The renovations to the existing buildings will entail construction of new pedestrian pathways to provide easy access throughout the center. The new pedestrian pathways will make it easier for the public to access all areas of the center, creating a more walkable and pedestrian friendly shopping center. 4. Landscaping: The existing landscaping will be enhanced to compliment the landscaping throughout the center. The increase of landscaping along Cold Spring Lane and around the two buildings to be renovated, including new trees, shrubbery and ground cover; will assist in screening the playground of the day care area from the street. Additionally, the increase in landscape density along Cold Spring Lane will lessen the impact of the day care building to the street. The proposed renovations to the building do not include the removal of the mansard roof, but rather the replacement of roof materials. While the mansard roof is not the best design feature, the landscape screening reduces the visibility from the street, and maintains a lower profile building. Page 3 DR 2009-06 and CSP 20D9-06AMD 5. Parking Analysis: The renovation of the center that was approved in 2006 included a shared parking analysis. The analysis found that adequate parking was provided to support the center. The renovation of the day care building and muti-tenant building result in a smaller parking demand that was originally needed when new medical and office buildings were proposed in their place. Therefore, staff continues to find that the parking that is provided meets the demands of the center. C. Comprehensive Sign Program Amendment (Section 22.36.060) The amendment to the sign program will allow for additional business identification along Diamond Bar Boulevard and provide more wayfinding signage to assist vehicles in navigating the center. The increase in height of the monument signs along Diamond Bar Boulevard will allow for the signage to be visible over the landscaping that has matured around the signs, and provide additional visibility to vehicular and pedestrian traffic. 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 appearance of the proposed commercial development and renovation is compatible with the existing shopping center 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 on September 11, 2009. 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 Section 15301 (Existing Facilities) and Article 19 Section 15302(b) (Replacement or, Reconstruction) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Development Review No. 2009-06 and the Amendment to Comprehensive Sign Program Page 4 DR 2009-06 and CSP 2009-06AMD No. 2006-04 based on the findings set forth under Section 22.48.040 and Section 22.48.060 of the Development Code, subject to conditions. Prepared by: Katherine Lauf4*6 er Senior Planner Attachments: Reviewed by Greg Gubman, AICP Community Development Director 1. Draft Resolution of Approval for DR 2009-06 2. Draft Resolution of Approval for Amendment to CSP 2006-04 3. Aerial Photo 4. City Council Staff Reports and Resolutions for Development Review 2004-19 and Comprehensive Sign Program 2006-04. 5. Site plan, floor plans and elevations 6. Amended Comprehensive Sign Program 2006-04 Page 5 DR 2009-06 and CSP 2009-06AMD PLANNING COMMISSION RESOLUTION NO. 2009 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF DESGIN REVIEW 2009-06 FOR DIAMOND HILLS PLAZA IN THE C-2 ZONE, LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRING ROAD AND COLD SPRING LANE, DIAMOND BAR, CALIFORNIA (APNs 8285-020-31 THROUGH 51). A. RECITALS. The property owner and applicant, Country Hills Holdings LLC, has filed an application for Development Review 2009-06, for Diamond Hills Plaza, located on Diamond Bar Boulevard between Fountain Springs Road and Cold Spring Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Comprehensive Sign Program shall be referred to as the "Application." 2. Property owners within a 700 -foot radius of the project site were notified by mail and a public hearing notice for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on September 11, 2009. Additionally, public hearing notices were posted in three public spaces at least 10 days before the public hearing. 3. On September 22, 2009, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that 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) and Article 19 Section 15302(b) (Replacement or Reconstruction) of the CEQA Guidelines. No further environmental review is required 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: 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 renovation to two existing commercial buildings and the construction of a new multi -tenant building is consistent with the C-2 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 commercial center. 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 developed commercial shopping center. The existing public and private improvements are in place to support the proposed renovation and new building. The proposed commercial improvements 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 Diamond Bar Development Code, the General Plan, City Design Guidelines, or any applicable specific plan. The design of the proposed renovation and new retail building 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 complete an ongoing renovation to an existing shopping center. 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. 2 Planning Commission Resolution No. 2009- The project's design and use of construction material are consistent with the improvements that have already taken place in Diamond Hills Plaza. e. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed renovation and new construction is consistent with the commercial center and it will not negatively impact the public health, safety or general welfare. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the Planning Commission hereby approves the Application subjectto the following conditions: a. The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. b. The applicant shall comply with all foregoing Standard Conditions of Approval. C. All conditions of approval for Development Review No. 2004-19, Conditional Use Permit No. 2004-01, Variance 2004-01, approved by City Council Resolution No. 2005-60 shall remain in full force and effect except as amended herein. d. Prior to the issuance of grading or building permits, the applicant shall provide a construction circulation plan to the Planning Division that indicates the path of travel for all construction traffic. While under construction the areas that are accessible to the public shall have a clear path of travel. e. Prior to installation of any outdoor furniture and/or landscape features (e.g., benches, tables, fountains, etc.,) the applicant shall submit details and plans to the Planning Division for review and approval. Final construction drawings shall provide additional architectural relief to the north elevation of the multi -tenant building adjacent the day care building. These revisions shall be subject to approval of the Community Development Director prior to the issuance of building permits. g. Prior to issuance of building permits, the applicant shall submit final landscape plans for review by the Planning Division. Plans shall 3 Planning Commission Resolution No. 2009- include a complete plant legend and provide complete details on all proposed and existing fencing, including height and location. If staff makes the determination that the landscaping along Cold Spring Lane does not adequately screen the day care building the applicant will be required to work with the Planning Division to revise the mansard roof to provide a more architecturally compatible roof line. 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 Applicant, Attn: Robert Poyner, Country Hills Holding, LLC, 8115 Preston Road, Suite 400 Dallas, TX 75225 APPROVED AND ADOPTED THIS 22nd DAY OF September 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 22nd of September 2009, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 4 Planning Commission Resolution No. 2009- COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT NO.: Development Review No, 2009-06 SUBJECT: Renovation of two existing commercial buildings and the demolition of an existing movie theater and construction of a new multi -tenant 14,700 square foot retail building. PROPERTY OWNER: CountryHills Holding, LLC APPLICANT: Robert Poyner LOCATION: Diamond Hills Plaza, Diamond Bar Boulevard between Cold Springs Lane and Fountain Springs Road ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development review No. 2009-06 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: 5 Planning Commission Resolution No. 2009- (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City 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 Development Review No. 2009-06, 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. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. 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. 6. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7. 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. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. 6 Planning Commission Resolution No. 2009- C. TIME LIMITS The approval of Comprehensive Sign Program No. 2008-02 shall expire within two years from the date of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENR, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: An Erosion Control and Drainage Plan shall be submitted to the Public Works Engineering Department prior to permit issuance for review and approval. This plan shall clearly detail erosion control measures and drainage patterns. Erosion control 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. 2. The proposed change in use from the original development plans may warrant the removal of certain traffic mitigations that were identified in the Mitigated Negative Declaration. Since the current Day Care use will remain rather than building the original proposed three story Medical Office Building, the mitigation to restripe the southbound lanes on Diamond Bar Blvd. at Cold Spring Lane may not be required. Prior to issuance of building permits, a revised traffic analysis to determine if the re -striping of the southbound lane at Cold Spring Lane as identified in the Traffic Impact Analysis Report is still warranted shall be submitted to the Public Works/Engineering Department for review and approval. If it is determined that this conditions is to remain a requirement of the development then the implementation of this mitigation shall be completed prior to issuance of any certificate of occupancy APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and 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. 7 Planning Commission Resolution No, 2009- 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. Occupancy of the facilities shall not commence until such time as all Building Codes and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 6. 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. 7. This project shall comply with the energy conservation requirements of the State of California Energy Commission. 8. 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. 9. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. Provide compliance with van accessible parking, path of travel, etc. Reception counter shall comply with the title 24 accessibility requirements. 10. Submit Public Works Department approved grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 11. Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 12. A height survey may be required at completion of framing. 13. Provide exit analysis showing occupant load for each space, exit width, exit signs, etc. 8 Planning Commission Resolution No. 2009- 14. 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. Sprinkler system e. Each group occupancy f. Property line location in relation to each building (side yard) g. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) h. Accessibility analysis for the entire site and for each building i. Shaft rating/ exterior walls construction/ opening protection 15. Verify adequate exit requirements. The distance between required exits shall be'/2 of the building diagonal. 16. All balconies shall be designed for 601b. live load. 17. Indicate all easements on the site plan. 18. 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. 19. Submit grading plans showing clearly all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 20. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.) 21. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum slope. 22. Specify location of tempered glass as required by code. 23. Specify 1/4"/ft slope for all flat surfaces/ decks with approved water proofing material. Also, provide guardrail connection detail (height, spacing, etc.) Planning Commission Resolution No. 2009- APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. End 10 Planning Commission Resolution No. 2009- PLANNING COMMISSION RESOLUTION NO. 2009 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL OF AN AMENDMENT TO COMPREHENSIVE SIGN PROGRAM NO. 2006-04, FOR DIAMOND HILLS PLAZA IN THE C-2 ZONE, LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRING LANE, DIAMOND BAR, CALIFORNIA (APNS 8285-020-31 THROUGH 51). A. RECITALS. 1. The property owner and applicant, Country Hills Holdings LLC, has filed an application to amend Comprehensive Sign Program No. 2006-04, for Diamond Hills Plaza, located on Diamond Bar Boulevard between Fountain Springs Road and Cold Spring Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review and Comprehensive Sign Program shall be referred to as the "Application." 2. Property owners within a 700 -foot radius of the project site were notified by mail and a public hearing notice for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, public hearing notices were posted in three public spaces at least 10 days before the public hearing. 3. On September 22, 2009, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that 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) and Article 19 Section 15302(b) (Replacement or Reconstruction) of the CEQA Guidelines. No further environmental review is required 3. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: The proposed project is consistent with the required comprehensive sign program findings contained in Section 22.36.060 of the Development Code as follows: a. The Comprehensive Sign Program satisfies the purpose and the intent of Section 22.36.010 of the Development Code. b. The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the comprehensive sign program and to the structure and/or uses they identify, and to the surrounding development. The signs contain similar treatments, colors, location and size that are internally consistent and compatible with the proposed renovation of the Country Hills Towne Center fagade. C. The comprehensive sign program accommodates future revisions that may be required due to changes in uses or tenants. The sign program contains standards and guidelines that new signs are required to meet. d. The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes of this chapter. The comprehensive sign program standards will provide an aesthetically appealing quality that will enhance the overall appearance of Diamond Hills Plaza. 5. Based on the findings and conclusions set forth in paragraphs 1, 2, and 3 above, the Planning Commission hereby approves the Application subject to the following conditions: a. The project shall substantially conform to the approved plans as submitted and approved by the Planning Commission and on file with the Community Development Department. b. All conditions of approval for Comprehensive Sign Program 2006-04, Conditional use Permit 2007-01 and Variance 2006-04 approved by City Council Resolution No. 2007-07 shall remain in full force and effect except as amended herein. 2 Comprehensive Sign Program No. 2006-04 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 Applicant, Attn: Robert Poyner, Country Hills Holding, LLC, 8115 Preston Road, Suite 400 Dallas, TX 75225 APPROVED AND ADOPTED THIS 22nd DAY OF SEPTEMBER 2009, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M 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 22nd of September 2009, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 3 Comprehensive Sign Program No. 2006-04 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Comprehensive Sign Program No. 2006-04 AMD SUBJECT: Revisions to existing Sign Program to increase tenant signage PROPERTY OWNER: Country Hills Holding, LLC APPLICANT: Robert Poyner LOCATION: Diamond Hills Plaza, Diamond Bar Boulevard between Cold Spring Lane and Fountain Springs Road 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 Comprehensive Sign Program No. 2006- 04AMD 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: 4 Comprehensive Sign Program No. 2006-04 (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City 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 Comprehensive Sign Program No. 2006-04AMD, 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. 4. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 5. 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. 6. Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. 7. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. B. FEES/DEPOSITS Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. 5 Comprehensive Sign Program No. 2006-04 C. TIME LIMITS The approval of Comprehensive Sign Program No. 2006-04AMD 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. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: Plans shall conform to State and Local Building Code (i.e., 2001 California Building Code, California Plumbing Code, California Mechanical Code, and the 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. This project shall comply with the energy conservation requirements of the State of California Energy Commission. Lights shall be fluorescent. End 6 Comprehensive Sign Program No. 2006-04 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # Meeting Date: December 6, 2005 AGENDA REPORT TITLE: CONSIDERATION OF ZONE CHANGE NO. 2004-01, CONDITIONAL USE PERMIT NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-02 FOR COUNTRY HILLS TOWNE CENTER: A ZONE CHANGE FROM NEIGHBORHOOD COMMERCIAL (C-1) TO COMMUNITY COMMERCIAL (C-2) DISTRICT CONSISTENT WITH THE GENERAL PLAN COMMERCIAL DESIGNATION; A CONDITIONAL USE PERMIT AND A DEVELOPMENT REVIEW FOR THE RENOVATION OF THE FACADE OF THE EXISTING SHOPPING CENTER TOTALING 221,083 SQUARE FEET; AND A VARIANCE TO INCREASE THE BUILDING HEIGHT FOR THE TOWER FROM 35 FEET TO 49 FEET, THE TWO-STORY BUILDING FROM 35 FEET TO 40 FEET AND THE THREE-STORY BUILDING FROM 35 FEET TO 54 FEET. (CONTINUED FROM NOVEMBER 15, 2005, MEETING) RECOMMENDATION: The Planning Commission recommended approval of Zone Change No. 2004-01, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02. Upon conclusion of the public hearing the City Council may approve the proposed project as recommended by the Planning Commission, or add conditions or modify conditions of approval. If the Council concurs with the recommendation of the Planning Commission then adopt the attached ordinance and resolution, and issue a mitigated negative declaration in the following sequence: Approve the first reading of Zone Change Ordinance No. XX (2005). 3. Adopt City Council Resolution No. 2005 -XX approving Conditional Use Permit No. 2004-01, Development Review No. 2004-19, and Variance No. 2004-02. 4. Issue a Mitigated Negative Declaration and Mitigation Monitoring Program. BUDGET IMPLICATION: The renovation of the shopping center with a new supermarket and the increase in new retail stores and. restaurants would have a projected sale tax of approximately $300,000 for the city according to the applicant. The projected sale tax is based on the total square footage of retail, restaurants, and Rite Aid (101,382 square feet) multiply by $300.00 per square feet multiply by 1 percent. BACKGROUND: On November 1, 2005, the City Council held a study session on the proposed project in anticipation of the November 15, 2005 public hearing. On November 15, 2005, the City Council continued the public hearing to December 6 at staff's request and with the applicant's consent. The continuance is a result of the Planning Commission having to continue the review from October 25 to November 8, 2005, at the request of the applicant so he could work with staff in refining the conditions of approval. PLANNING COMMISSION DISCUSSION: A. October 25, 2005, Study Session and Public Hearing: The Planning Commission questioned the more than 24 percent of floor area designated for food users and restaurants. They also questioned whether there are sufficient traffic mitigations, what type of tenants that would go into the center, who is the supermarket tenant and the pedestrian connections. The applicant responded that he is working to get a supermarket for the major tenant space. He stated that he has strong interests from Asian markets and restaurants. Approximately more than a dozen residents or tenants attended the study session. Following the study session, the Commission held a public hearing and received public testimony. There were 11 speakers who are either surrounding residents or tenants of the center. Their concerns ranged from the deteriorated conditions of the center, the needed buffering for the residential areas and the height of the three story medical building. B. November 8, 2005, Public Hearing: The applicant presented the project to the Commission. The applicant stated that he is not at liberty to name the potential supermarket tenant. Several tenants spoke at the hearing stating that they were in favor of the project but concerned that they may not be able to stay in the center if the rent increases as a result of the renovations. After the close of the public heating, the Commission deliberated on the merits of the proposed project. They felt that the south side of Diamond Bar desperately needs to have a thriving shopping center that provides services and goods for the residents. They felt the project site has a lot of potential where development could range from a mixed-use (residential, retail and office) center to a community shopping center. However, they felt that the existing center has deteriorated to a point that the proposed renovation is much needed. The Commission urged the applicant to work closely with, and provide assistance to, the existing tenants in retaining their occupancy. The Commission also requested that 2 the applicant work with staff to provide additional landscaping, pedestrian connections and amenities to the shopping center. They felt that the percentage of square footage for restaurants may be too high for the center. Staff clarified to the Commission that the square footage for the restaurants is a way for the applicant to set the maximum based on the number of parking spaces the site has provided. Also, the Commission stated that they would feel better with the project if the applicant released the name of the supermarket tenant or the types of tenants that are being considered for the center. At the conclusion of the public hearing, the Commission recommended approval of the project to the City Council. Attached is a copy of the November 8, 2005, Planning Commission staff report that provides the technical information of the project. Also attached are copies of the Minutes of October 25, and Draft Minutes of November 8, 2005, meetings. NOTICE OF PUBLIC HEARING: On October 25, 2005, notice of public hearing for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune. In addition, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. Further, the project site was posted with a display board and the public hearing was posted in three public places. Prepared By Nancy Fong, AICP Interim Community Development Director Attachments: Reviewed By Linda C. Lowry City Manager 1. Draft Ordinance for Zone Change No. 2004-01 2. Draft Resolution of approval for Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02 3. November 8, 2005 Planning Commission Staff Report 4. Minutes of October 25 and Draft Minutes of November 8, 2005, meetings 5. Planning Commission Resolution Nos. 2005-37 and 2005-38 6. Exhibit "A" — Development Plans 7. ' Exhibit "B" — Proposed Mitigated Negative Declaration and Mitigation Program 8. Exhibit "C" — Applicant's response letter to Parking Analysis 9. Exhibit "D" — Summary of Traffic & Shared Parking Analysis 3 S -� opy PLANNING COMMISSION AGENDA REPORT CIN OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: 71 MEETING DATE: November 8, 2005 (Continued Public Hearing from October 25, 2005 meeting) REPORT DATE: October 31, 2005 CASE/FILE NUMBER: Zone Change No. 2004-01, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-02 PROJECT LOCATION: West side of Diamond Bar Boulevard, between Cold Springs Lane and Fountain Springs Road APPLICATION REQUEST: 1. To change the zoning district from Neighborhood Commercial (C-1) to Community Commercial (C-2) consistent with the General Plan designation of Commercial. 2. To renovate the facade of the existing shopping center; to construct a new three story medical/office building and a two story retail/office building; and to include a drive-thru cafe. 3. To request an increase in the building height for the following: The towers of the main retail building from 35 feet to 49 feet; the new two story retail/office building from 35 feet to 40 feet and the new three story medical/office building from 35 feet to 54 feet. PROPERTY OWNER: Country Hills, DB LLC 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 APPLICANT: Michael McCarthy MCC Realty Management 9595 Wilshire Boulevard, Suite 214 Beverly Hills, CA 90212 STAFF RECOMMENDATION: Staff recommends the Planning Commission adopt for approval Zone Change No. 2004-01, Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance 2004-02 to the City Council. BACKGROUND: A. October 25, 2005 Study, Session and Public Hearing: At the study session, the Planning Commission questioned the more than 24 percent of floor area designated for food users and restaurants. The also questioned whether there are sufficient traffic mitigations, the type of tenants that would go into the center and who is the market tenant and pedestrian connections The applicant, Mike McCarthy, responded that he is working to get a grocery store for the major tenant space. He stated that he has strong interests from Asian markets and restaurants. Approximately more than a dozen residents or tenants attended the study session. Following the study session, the Commission held a public hearing and received public testimony. There were eleven speakers who are either surrounding residents or tenants of the center. Their concerns ranged from the deteriorated_conditions.of the center, the needed buffering for the residential areas and the' --'height of the three story medical building. The Commission continued the public hearing to November 8th meeting, which was requested by the applicant to allow him time to work with staff in refining the conditions of approval. B. Project Background Information: Country Hills Towne Center was constructed under Los Angeles County standards under one or more conditional use permits prior to City's incorporation. In April 1988, a Conditional Use Permit (CUP No. 87-002) including development plans were issued by the County, which confirmed the existence of the center. However, with the vacation of the Alpha - Beta supermarket caused by the merging of two supermarkets, the center has been on a downward spiral in its vitality since early 1990's. In October 2003, applicant, Mike McCarthy of Country Hills DB, LLC, purchased Country Hills Towne Center with the intent of renovating and revitalizing the shopping center. He initially submitted the application for the renovation proposal in May of 2004 and staff found it to be incomplete for processing. While the applicant was revising the development proposal, he continued to actively market the site for a supermarket tenant and other tenants. In October 2004, the applicant responded in a letter assuring the City that he is working diligently to sign a supermarket tenant and obtain the necessary City approvals for the renovation and revitalization of the Country Hills Towne Center. In March 2005, the applicant submitted a revised proposal for review. Staff has been working with the applicant and his professional team to prepare the application and the development plans ready for Planning Commission and City Council review. To date, the applicant is not ready to announce the supermarket tenant or other new tenants for the center. 2 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25 2005 ANALYSIS: A. Existing Site Conditions: The project site is 18.36 acres in size and fully developed, with the exception of a small vacant graded lot on the northern side of the site. The existing gross floor area of the center is 169,777 square feet. The car wash at the corner of Fountain Springs Road and Diamond Bar Boulevard and the two story office at the corner of Cold Springs Lane and Diamond Bar Boulevard as well as the existing AAA office building are not part of the project site and have separate property owners. Vacancies in the center are high. Complaints have been received about the site's property conditions, which could use improvements and upgrades. Also, the site is constrained by a grade difference of more than 20 feet below the street grade, which negatively affects the visibility of the shopping center. B. Protect Descriptions: The proposed project includes the renovations of the facade of a 45,031 square feet supermarket building; the existing 21,400 square feet Ride Aide store; and the 65,154 square feet of existing in-line buildings for retail and restaurant users with outdoor dinning area. The proposed project also includes the demolition of the existing child care center and a retail building at the south side of the site in order to allow for the construction of a new 49,100 square feet three story officelmedical office building. The vacant graded pad at the north side of the site will allow the construction of a 12,408 square feet two story building for office and restaurant. Upon project completion, Country Hills Towne Center will have a total of 221,083 square feet of gross floor area. The following table compares the existing with the proposed square feet: USE EXISTING SQ. FT. PROPOSED SQ. FT. Market 25,000 45,031 Rite Aid 21,400 21,400 Retail/Restaurants 63,948 65,154 Child Care 7,365 NA Theater 23,574 NA Fast Foods 7,990 7,990 AAA Office 20,000 20,000 3 -story Office NA 49,100 2 -story Office/Restaurant 6,838 sq. ft. (Restaurant) 5,570 sq. ft. (Office) NA 12,408 TOTAL 169,777 221,083 C. Site and Surrounding Uses: The General Plan and Zoning for the site is Commercial and Neighborhood Commercial District (C-1), respectively. The north, south and west sides of the site are predominately single family homes. The shopping center is physically separated from the westerly residential area by the existing [area Canyon Channel. The east side of the site is existing condominiums. 3 ZC 2004-01/CUP 2005-01/DR 2004-191VAR 2004-01 October 25, 2005 D. Application and Review Authority: The proposed project requires four applications, namely Zone Change, Conditional Use Permit, Development Review and Variance. A Zone Change requires City Council approval, and the Conditional Use Permit, Development Review and Variance require Planning Commission approval. According to Section 22.48.030 of the Development Code, all applications shall be processed simultaneously by the highest review authority. For this project, the Planning Commission is a recommending body and will forward a recommendation to the City Council. The City Council is the final highest review authority. E. Zone Change No. 2004-01: The current General Plan land use designation for the site is Commercial and the zoning is Neighborhood Commercial District (C- 1). The applicant requests to change the zoning from Neighborhood Commercial (C-1) to Community Commercial (C-2). Under the General Plan Land use designation of Commercial, it allows a range of commercial zoning from Neighborhood,- Community -to Regional.- - In this case, the ' Ghange from Neighborhood to Community Commercial is acceptable and appropriate because of the location of the site, which fronts on to a major boulevard and the size (over 18 acres) of the shopping center. A Community Commercial zone will allow a wider range of use that may include computer stores, banquet facility, health club, indoor entertainment, auto parts sales, grocery stores, furniture and appliance stores, and garden supply stores. Typically, these stores and services would attract a broader range of population. F. Conditional Use Permit No. 2004-01: The renovation of and the addition to the shopping center requires a Conditional Use Permit per Section 22.10.30 of the Development Code. Further the conversion of a portion of the existing building to a new drive-thru cafe requires a Conditional Use Permit. G. Development Review No. 2004-19: The purpose of Development Review is to implement the objectives of the General Plan which states, "Ensure that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interest of residents, workers, shoppers, and visitors as the result of consistent exemplary design." 1. Site Design and Access: The main entry of the center is off Diamond Bar Boulevard and the proposal includes renovation with new entry monument signs, a wider landscape median and a water feature. At the recommendation of the City's traffic consultant, the entry will include two lanes for egress and ingress which provides a safer condition for pedestrian and vehicular traffic. The existing secondary access off Fountain Springs Road will remain with no changes. The secondary access off Cold Springs will be relocated further west and provide a smoother entrance to the shopping center and the medical office building. The loading/service driveway will remain toward the back of the shopping center. 4 ZC 2004-01/CUP 2005-01/DR 2004-19/VAR 2004-01 Orinher ?5 ?On' In response to the Commission concerns regarding pedestrian connection, the applicant is willing to add pedestrian walkway from the public sidewalk to onsite. The applicant will be providing pedestrian connection from the three story medial office to the building that backs up to Diamond Bar Boulevard. 2. Landscaping: The main entry off Diamond Bar Boulevard with its wide landscape island and a water feature will provide an attractive aesthetic entry statement. No changes are proposed for the parking lot. The entire length of the frontage of the stores from the market building to the day spa/retail building does not include landscaping. The applicant fears that adding trees within the parking lot and along the store frontage will further negatively impact the visibility of the center because of the grade difference from the street. Staff believes that landscape treatment should be included to provide shade within the parking lot; improve the pedestrian environment; and enhance the aesthetic appearance of the center. Staff recommends the following changes, which can be conditioned. Staff is agreeable to work with the applicant to address the proposed conditions: a. Provide tree wells within the parking lot to include small and slow growing trees. b. Find locations along the storefronts for landscape areas where a cluster of trees could be planted. C. Provide vine pockets in front of building columns. d. Provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to the breezeway. 3. Building Design: The existing architectural style for the shopping center is contemporary with red tile roof, tower elements, a colonnade of square columns and stucco material. The applicant proposes to re -skin or renovate the existing buildings with the following elements: a. The main building from market to spa: Modify and add new towers for the east elevation (front). The towers are raised in height, and they vary from 40 feet to the highest at 49 feet. The towers are treated with decorative metal accents and stacked stone materials. Beside the traditional pitch roof towers, flat roof towers are added at various locations to provide a variety and interest. No upgrades or architectural treatment are proposed for the west (rear) elevation except for the addition of a pop -out element at the breezeway area. Staff believes architectural elements should be applied to all sides of the building to have a total design and that at a minimum the 5 ZC 2004-01/CUP 2005 01/DR 2004-19NAR 2004-01 October 25, 2005 entire length of the west elevation (rear) should have ' cornice treatment at the top of the parapet. A condition. of approval is placed in the attached resolution. In response to the concern from the resident, the applicant is willing to add landscaping along the rear of the center and will provide new roof screen wall to screen existing roof equipment. b. The existing building that backs up to Diamond Bar Boulevard: The renovations include adding a drive—thru lane for a cafe, which necessitates a retaining wall. Again, traditional towers are added to the building. Staff recommends that a flat roof tower element be added over the pick up window. The added tower with fascia area will allow for the placement of a sign and provide more visibility from Diamond Bar Boulevard for a future cafe tenant. A condition of approval is placed in the attached resolution and staff is agreeable to work with the applicant in the final design. G. The two story office/retail/restaurant building and three story medical office building: The architectural style of the two new buildings is similar. They consist of flat roof treated with cornice elements, stucco walls with stacked stones as a wainscot. Staff believes that the design is compatible and adds aesthetic value to the entire center. 4. Parking Analysis: According to Section 22.30.050 of the Development Code, a Shared Parking analysis• is required if the total number of required parking spaces is more than the number of parking spaces provided. A Shared Parking Analysis was submitted to City's consultant for review and the results were summarized in the following table: USE SQ. FT. PARKING PARKING PARKING RATIO REQUIRED PROVIDED Supermarket, retail, 90,614 1/300 302 office, spa Restaurants 53,397 1/75 plus 1/300 519 (service areas) (16,014) for service areas (outdoor dinning) (4,000) plus 1/100 for out -door dinning Fast Food 7,990 1/100 80 AAA Office 20,000 11400 50 Medical Office 49,100 11250 196 TOTAL 221,083 1,219 1,012 6 ZC 2004-01/CUP 2005-01/DR 2004-191VAR 2004-01 October 25, 2005 According to the results of the shared parking analysis, the total number of parking spaces needed at peak time, which is defined as a weekday at 1:00 pm or weekend at 8 pm, is 1,003 spaces (Exhibit "E"). According to our consultant, the practice under Urban Land Institute for shared parking is to have a minimum of 5 percent above the peak demand with a total of 1,053 spaces. The site has 1,012 parking spaces. The applicant has submitted a letter (Exhibit "D") stating that the 1,012 parking spaces provided on site are more than adequate to support the center. The applicant stated that the traditional shopping experiences have evolved to be more of life style centers where shoppers patronize as opposed to one retailer per trip. Staff agrees that 1,012 parking spaces are adequate to support the center. To ensure that the center would not have a parking problem, the Planning Commission could place a cap on the total square footage for restaurant use. Also, a condition could be in place where the applicant would submit a plan to address the issue subject to staff review should there be a parking problem. 5. Signs: A condition of approval in the attached draft resolution requires a new Planned Sign Program for the shopping center. The Planned Sign Program will include monument signs, tenant signs and directory signs. There is an existing pylon sign at the entry off Diamond Bar Boulevard which is legal conforming_ It is recommended that the existing pylon sign at the entry off Diamond Bar Boulevard be removed, or a variance application process is required to leave it in place, which can be addressed at a later date. 6. Lot Line Adjustment: The property consists of 20 parcels. The property lines for the market building and the three story office building must be adjusted so that they do not traverse the buildings. H. Variance No. 2004-02: The proposed towers for the main building range from 40 feet to 49 feet. The two story office and restaurant building adjacent to Fountain Springs Road is 36 feet high at the setback line and 40 feet at the parking lot. The three story medical building is 54 feet high at the top of the equipment screen wall. The maximum building height allowed is 35 feet, hence the variance application_ The site is unique because it is constrained by a grade difference of more than 20 feet from the street grade of Diamond Bar Boulevard which deters visibility of the center from the street. The existing car wash at the corner of Cold Springs Lane and Diamond Bar. Boulevard and the two story office building at the corner of Fountain Springs Road and Diamond Bar Boulevard also contribute to poor 7 ZC 2004-01]CUP 2005-011DR 2004-19NAR 2004-01 October 25, 2005 visibility of the center. No other existing centers in the City have this visibility problem. The various towers at the main building are more than 200 feet away from the westerly residential area. The two story building at Fountain Springs Road sits 5 feet below street grade. Therefore, the view from the northerly residential area would see only 30 feet in height of the building. The three story medical office building behind the car wash site is 28 feet below Diamond Bar Boulevard street grade and only the third story of the building would be seen from Diamond Bar Boulevard. Staff believes the site is unique because of the grade constraints that no other shopping centers in the city experiences. The strict application of the code would deny the property owner of the same privileges enjoyed by other property owners of shopping centers. Staff recommends the Planning Commission grant the building height variance. Environment Review and Proposed Mitigated Negative Declaration: The project has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) Section 15070. The Mitigated Negative Declaration's review period began September 23, 2005, and ends October 25, 2005. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation- However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. Therefore, staff recommends the issuance of a Mitigated Negative Declaration. NOTICE OF PUBLIC HEARING: On September 23, 2005, notice of public hearing for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune. In addition, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. Further, the project site was posted with a display board and the public hearing was posted in three public places. RECOMMENDATION: Staff recommends that the Planning Commission conduct a public hearing to review the project; upon conclusion of the public hearing, forward a recommendation of approval to the City Council through the adoption of the attached resolutions. Prepared by: Nancy Fong, AICP Interim Community Development Director 8 ZC 2004-01/CUP 2005-01/DR 2004-19NAR 2004-01 October 25. 2005 Attachments: 1. Draft Resolution Recommending Approval of Zone Change No. 2004-01 to City Council 2. Draft Resolution Recommending Approval of Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 to City Council 3. Exhibit "A" — Development Plans 4. Exhibit "B" — Proposed Mitigation Program 5. Exhibit "C" - Applicant's response letter to Parking Analysis 6. Exhibit "D" — Summary of Traffic Impact & Shared Parking Analysis 9 ZC 2004-01/CUP 2005-01/DR 2004-19/VAR 2004-01 October 25. 2005 CITY COUNCIL RESOLUTION NO. 2005-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO.2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-01. THE REQUEST IS FOR THE RENOVATION OF THE EXISTING SHOPPING CENTER AND THE CONSTRUCTION OF A TWO-STORY OFF IC EIRESTAU RANT BUILDING AND A THREE STORY MEDICAL OFFICE BUILDING TOTALING 221,083 SQUARE FEET; THE VARIANCE IS TO INCREASE THE BUILDING HEIGHT FOR THE MAIN RETAIL BUILDING FROM 35 FEET TO 40 FEET, THE TWO STORY BUILDING FROM 35 FEET TO 40 FEET AND THE THREE STORY BUILDING FROM 35 FEET TO 54 FEET; AND MAKING FINDINGS IN SUPPORT THEREOF; THE SITE IS 18.36 ACRES, IN THE COMMERICAL DISTRICT, AND LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS- ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA;— APN: 8285-020-31 THROUGH 51. A. RECITALS 1. The applicant, Michael McCarthy of Country Hills DB, LLC, has filed applications for Conditional Use Permit No. 2004-01, Development Review No. 2004-19 and Variance No. 2004-01 as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit, Development Review and Variance requests shall be referred to as the "Application." 2. On September 23, 2005, Planning Commission public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On September 23, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On October 25 and November 8 2005, the Planning Commission of the City of Diamond Bar conducted duly noticed public hearings on the Application, received public testimony and concluded said hearing on that November 8, 2005. i Ij 4. On October 25, 2005, public hearing notices were mailed to approximately 332 property owners within a 700 -foot radius of the project site. On October 25, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 5. On November 15, and December 6, 2005, the City Council of the City of Diamond Bar conducted duly noticed public hearings, received public testimony and concluded the public hearings on December 6, 2005. 6. All legal prerequisites prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A,- of this, Resolution are true and correct. - 2. Based upon the substantial evidence presented to the City Council during the above referenced meetings on November 15, and December 6, 2005, including written and oral staff reports, -this City Council hereby specifically finds as follows: i (a) The Application applies to property generally located on the west side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane. The site is fully developed except for a small piece of graded pad at the north side of the site. (b) To the north and south of the property are existing single family residential areas. To the west of the property are the existing Brea Canyon Channel and single family residential area. To the east of the property is an existing condominium complex. (c) The General Plan land use designation for the site is Commercial and the Zone is Neighborhood Commercial. Concurrent with the Application, a Zone Change No. 2004-01 from Neighborhood Commercial to Community Commercial is requested. (d) The Application with its site plans, building design, landscaping, and grading together with the conditions of approval and the mitigation are in conformance with the General Plan, the Development Code and the Design Guidelines. I (e) The Application and the intended use together with all conditions of approval and the mitigation will not be detrimental to the health, safety, or welfare or materially injurious to properties and improvements in the vicinity. (f) The Application has been reviewed pursuant to the provisions of the California Environmental Quality Act (CEQA) section 15070. The Mitigated Negative Declaration review period began September 23, 2005, and ended October 25, 2005. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and trafficltransportation. However, after implementation of the Mitigation Program, all potential impacts will be mitigated to a less than significant level. 3. The City Council hereby specifically finds and determined that having considered the record -as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, there is no evidence before this City Council that the proposed project herein will have the potential of an adverse effect on wild fife resources or the habitafupoii which" ch' --- the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14.of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: Conditional Use Permit (a) The proposed use is allowed within the subject zoning district with approval of a conditional use permit and complies with all other applicable provisions of this development code and the Municipal Code. Concurrently with the Application, the applicant requested fora Zone Change from Neighborhood Commercial (C -T) to Community Commercial (C-2). The development and renovation of the shopping center requires a Conditional Use Permit. The existing and proposed uses for the shopping center such as the future market, existing drug store, restaurants, retail uses, spa, medical office and office uses, are all allowed underthe Community Commercial (C-2) zone. The existing and proposed uses in the shopping center will comply with all applicable provisions of the Development Code and the Municipal Code. CAM (b) The proposed use is consistent with the General Plan and the Development Gode. Economic Development is a goal of the General Plan. The proposed project will implement this goal. The proposed project is consistent with the Diamond Bar Development Code. (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 shopping center was originally constructed in the 1970's and renovated in the late 9980's before the incorporation of the City. The existing businesses such as the drug store, the restaurants, retail shops, etc., will remain in place. The proposed new uses such as a market for the majortenant, medial offices, offices, more restaurants acral-retaif oses will add to the diversify of shopprng-an -services-for - -- - -- the surrounding residents. The existing and proposed uses will be compatible with the existing and future land uses in the vicinity. The proposed project. will promote the aesthetics of the physical -- environment and adds to the economic and social character of the City. (d) The subject site is physically suitable for the type and densityntensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses and the absence of physical constraints. The subject site is an existing shopping center with access off Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. The site with its renovation of the shopping center and the development of the two new buildings continued to be physically suitable for existing uses and the types of uses being proposed. (e) Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, or welfare, orinjurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. Granting this conditional use permit will improve the property and add value to the City in general. I M P'Y (� The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQA) 15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and trafc/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). The design and layout of the proposed prdjecf, th6'hew design of the facade for the existing buildings are consistent with the General Plan, Development Code and Design Guidelines. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The proposed project is to renovate an existing shopping center and the construction of two new office buildings. The design and layout of the existing buildings and the two new office buildings will not interfere with the use and enjoyment of existing surrounding uses. However, the two new office buildings will have an increase in traffic. Based on the mitigation program, the applicant is required to improve the southbound approach on Diamond Bar Boulevard at the intersection of Cold Springs Lane with a re -striping of a third through lane and a contribution of $79,593 for the project's share of the cost in funding future road improvements needed to alleviate cumulate impacts to traffic. The existing access for the shopping center will be improved furtherto provide forsafe pedestrian walkwayand address handicap accessibility. (i} The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed renovation together with the new buildings will create an aesthetically pleasing environment. (j) The design of the proposed development will provide a desirable environmental for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed design of the building will provide a desirable environment for its occupants and visiting public. The design will encourage the public to visit often, shop and enjoy the aesthetically pleasing environment. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect --- --- ---orrproperty values or-resa[ (s)�-of-property)- to= -the properties or improvements in the vicinity. - The proposed de.velopment will not be detrimental to the public health, safety or welfare car materially injurious to the properties or improvements in the vicinity. The proposed project will improve the value of the properties and provide positive impact to the City. I (1) The proposed project has been reviewed in compliance with the , provisions of the California Environmental Quality Act (CEQA)15070. The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and traffic/transportation. However, after implementation of the Mitigation Program, all potential impacts would be mitigated to a less than significant level. A copy of the mitigation program is attached hereto and incorporated herein. Variance (m) There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of the City's Development Code denies the property owner privileges enjoyed by other -property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which makes it obviously impractical to require compliance with the development standards. - IJ J., The site is unique because it is constrained by a grade difference of more than 20 feet from the street grade of Diamond Bar Boulevard which deters visibility of the center from the street. The existing car wash at the cornerof Cold Springs Lane and Diamond Bar Boulevard and the two story office building at the corner of Fountain Springs Road and Diamond Bar Boulevard also contribute to poor visibility of the center. No other existing centers in the City have this visibility problem. The various towers at the main building are more than 200 feet away from the westerly residential area. The two story building at Fountain Springs Road sits 5 feet below street grade. Therefore, the view from the northerly residential area would see only 30 feet in height of the building. The three story medical office building behind the car wash site is 28 feet below Diamond Bar Boulevard street grade and only the third story of the building would be seen from Diamond Bar Boulevard. (n) Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts and denied to the " property owrief f&- which the Variance is'sought. As referenced above in Item (m), granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning districts. (o) Granting the Variance is consistent with the General Plan and any applicable specific pian. Due to the constraints of the project site being more than 20 feet below Diamond Bar Boulevard street grade, approving this Variance will be consistent with the General Plan. The project area does not have a specific plan. (p) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Approval of the Variance would not be detrimental to the public interest, health, safety, convenience, or welfare of the City because the proposed project is required to comply with all conditions within the approved resolution and the assurance is through the plan check, permit and inspection process. (q) The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA)15070. c ,7 � f V r The proposed project would result in potentially significant impacts to the air quality, cultural resources, hazardous materials, noise and t traffcAransportation. However, after implementation of the Mitigation i Program, all potential impacts will be mitigated to a less than I significant level. A copy of the mitigation program is attached hereto and incorporated herein. 5. Based on the findings and conclusions set forth above, the City Council hereby approves the project subject to the following Special Conditions, Standards Conditions and Mitigation attached hereto and incorporated herein: A. General/Planning Division (1) The approval is for Country Hills Town Center totaling 221,083 square feet. The approval includes the renovations of the facade fora 45,031 square fEet-sup�rmarkef building; -a _ - 21,400 square feet Ride Aide store; 65,154 square feet of existing in-line buildings for retail and restaurant users; a 4,000 nning area; a dnve-tnru care; a new 49,100 square feet three story office/medical office building and a new 12,408 square feet two story building for office and restaurant; the demolition of the existing child care center and a retail building at the south side of the site. ,l (2) The market tenant is defined as a supermarket or a grocery story primarily engaged in retailing a general line of food such as canned and frozen foods, fresh produce, fresh and prepared meats, fish and poultry, and fully control and operated by the supermarket. it may include a deli and food court operated by others. (3) The renovations of the existing buildings from the market tenant through the retail building to the building with the new drive-thru caf6 shall be completed prior to issuance of building permit for the new two story building. The market tenant shall occupy the building and be in operation prior to issuance of building permit for the new three story building. (4) A Planned Sign Program shall be submitted for Planning Commission review and forwarded to City Council for final review and approval. The Planned Sign Program shall establish sign criteria for tenants, monument signs and center directory signs. The three story medical office building shall have wall signs that display the name of the building instead of individual tenants' names and the signs shall be non- OPY illuminated. The second story for the two story building shall have minimal number of wall signs and the signs shall be non - illuminated. (5) The dimensions of parking spaces shall comply with Development Code standards, which is 9 feet by 19 feet. (6) The property owner shall correct, repair and improve on-site sub -standard property maintenance issues such as drainage, storm drain, landscape irrigation, sewer facilities, etc. Plans shall be submitted for Community Development and Public Works Directors review and approval. (7) The property owner shall provide additional screening devices such as but not limited to wood slots, vines, landscape areas, etc., along the west property line; submit plans for Community Development Director review and approval prior to issuance of building permits. - Variance No:_2DD4=02' § app'Me-d to increase the' building height for the towers of the main retail building from 35 feet to 49 feet; the new two story retail/office building from 35 feet to 40 feet and the new three story medicalloffice building from 35 feet to 54 feet. (9) The final design of the project entry off Diamond Bar Boulevard shall be subject to Community Development and Public Works Directors review and approval prior to issuance of building permits. The design shall include small flowery trees next to tall palm trees. The palm tree species shall be of canary island date, date palm or king palm. The size of the palm trees shall be a minimum of 10 feet brown trunk. (10) The property owner shall provide sufficient number of trash enclosure areas subject to the Community Development Director's review and approval prior to issuance of building permit. (11) All shopping carts shall be collected at the end of the business hours and stored inside the building of the supermarket and/or Rite Aide or in an approved outdoor screened area. (12) The maximum square footage for restaurants and outdoor dinning shall not exceed 53,397 square feet. The restaurants square footage does not include the two existing drive-thru fast foods and the drive-thru cafe, the 5,000 square feet (F FVDI designated for food courtwithin the market building, and the in- line food users. In-line food users are defined as "express" fast food with limited seating of up to 14 seats and examples are ice cream shops, bagel shops, donut shops, delicatessens and similar type of fast foods. (13) The keeping of the existing non -conforming pylon sign shall require a new variance application. (14) A uniform hardscape and street furniture design including seating benches, trash receptacles, free-standing potted plants, bike racks, light bollards, .etc., shall be used and be compatible with the architectural style. Detailed designs shall be submitted for Planning Division review and approval prior to the issuance of building permits. (i 5)- -Landscaping:-The mitei�aii°provide=as close to 1.5 --percent of the site area for landscaping as possible; provide tree wells within the parking lot and planted with a small slow growing tree; provide landscape areas along store frontage for planting of trees; provide vine pockets in front of building columns; provide pedestrian amenities such as but not limited to seating benches, street furniture, free standing planter pots and landscape areas for the patio area that connects to a breezeway. Detailed design shall he submitted for Planning i Division review and approval prior to issuance of building permits. (16) For the tier of parking spaces located north of the central median landscape area, it shall be modified to show landscape areas. Final design subject to Community Development Director review and approval. (17) Add a flat roof tower over the new drive-thru pick upwindow for the future cafe tenant. Final design subject to Community Development Director review and approval prior to issuance of building permits. (18) The entire length of the west elevation (rear) shall have cornice treatment at the top of the parapet consistent with the design at the east (front) elevation. (19) (a) The roof screen parapet wall for the two-story and three- story buildings shall be integrated in the design of the buildings. in PY (b) New roof screen wall for screening existing and new roof equipment shall be provided. Design, materials and color of the new screen waif shall be submitted for Community Development Director review and approval prior to issuance of building permits. New screen wall shall be installed prior to occupancy. (20) Submit color and material samples for the project prior to issuance of building permits. (21) The applicant shall redesign and reconstruct the existing community bulletin board within the shopping center. Final design and placement of the community bulletin board shall be subject to Community Development Director review and approval. The community bulletin board shall be completed prior to release of occupancy. (22) Environmental mitigations: (a) The following measures shall be implemented to reduce equipment emissions and limit exposure to diesel particulate emissions: all diesel tucks should be fitted with particulate. filters or traps; all construction workers should be advised to wear masks when working near diesel equipment or diesel trucks. (b) If during grading archaeological resources are encountered, construction activities in the area of the find smut be immediately suspended the resource must be left in place until a qualified archaeologist can examine it and determine appropriate mitigation measures. (c) If during grading human remains are encountered, construction activities in the area of the find must be immediately halted and the Las Angeles County coroner must be notified within 24 hours of the discovery, in accordance with PRC 5097.94. If the coroner determines that the remains are not recent the coroner will notify the Native American Heritage Commission for consultation. (d) Prior to commencement if demolition, a complete asbestos and lead paint survey shall be conducted on structures to be demolished at Country Hills Towne Center if they have the potential to contain asbestos or lead paint. If asbestos or lead paint materials are present, they will be handled by a trained and licensed asbestos or lead paint abatement contractor and disposed of in compliance with all applicable regulations. (e) Demolition, grading and construction operations shall be in accordance with Development Code section 22.28.120 (1 a) — 7:00 am and 7:00 pm Monday through Saturday. if there are complaints regarding noise or other negative impact to the surrounding residents the demolition, grading and construction operation shall be restricted to within the hours of 7:30 am to 5:30 pm Monday through Friday. -nor o th�c-o"-etbTrufuo-nstru-ction-activities, the----- - southbound approach on Diamond Bar Boulevard at the intersection with Cold Springs Lane shall be re -striped to provide a third through lane - (g) Prior to the final certificate of occupancy, the project shall assist the funding of road improvement needed to alleviate cumulative impacts to traffic. A contribution of $79,593.79 represents the project's share of the costs based on it relative contribution to worsening traffic condition. (18) Provide pedestrian connection from the public sidewalk to on- site for Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs Road. (19) Decorative textured pavement shall be provided at project entries (Diamond Bar Boulevard, Cold Springs Lane and Fountain Springs'Road) and across circulation aisles where there is a pedestrian pathway. Decorative textured pavement shall be provided at the terminus of the center landscape median island. Location, design materials and colors for the textured pavement are subject to Community Development Director review and approval. B. Engineering/Public Works (1) A Lot Line Adjustment shall be recorded prior to issuance of building permits for the three story medical office building and ' the supermarket building. 12 (2) Upgrade the following driveways to current ADA standards: Cold Springs Lane, Diamond Bar Boulevard and Fountain Springs Road. (3) Remove concrete from parkway at Cold Springs Lane and replace with landscaping to match existing parkways to east and west of the project. (4) Eliminate all storm drainfirrigation water discharge through all retaining walls. All on site storm water shall be drained to underground drainage facilities. A drainage plan shall be submitted for Public Works Director review and approval prior to issuance of any permits. (5) Evaluate pavement conditions of the parking lot and implement improvements. Detailed plans shall be submitted for Public Works and Community Development Directors review and approval prior to issuance of any permits. (6) Provide protective fencing or barrier to the property frontage along Diamond Bar Boulevard at the top of the slope (7) Provide separate pedestrian access on Diamond Bar Boulevard and Sugar Pine to the shopping center. The entrance shall be posted to identify the location for ADA accessibility. The final design shall be subject to City Engineer and Community Development Director review and approval prior to issuance of building permit. (8) Show all utilities on the plans (i.e., Edison power poles along the westerly side of the properly.) (9) All parcels within the subdivision shall be annexed into the City Lighting and Landscaping Assessment District No. 38. (10) Submit on-site striping and signing plans for City Engineer review and approval prior to issuance of building permits. The striping for the parking spaces shall consider 90 degree parking angle subject to Community Development Director review and approval. (11) Post signs for No Truck Delivery at the project entry of Fountain Springs Road. � I C. Fire (1) All required fire hydrants shall be installed and tested -and accepted prior to construction. (2) The required fire flow for this development is 5,000 gailons per minute for 5 hours. The water mains in the street fronting this property must be capable of delivering this flow at 20 pounds per square inch residual pressure. (3) Provide the occupancy, type of construction, extent of fire lanes (indicated on the plans by shading or cross hatching), locations and sizes of all fire hydrants within 300 feet of all property lines. (4) Project subject to Fire Code Access Standards. (5) Fire Protection facilities including access must be provided prior to and during construction. (6) Submit architectural drawings, including site plan, floor plan, elevations, door and window schedules to Fire Prevention Engineering at 590 S. Park Avenue, Pomona, CA 91766. D. Building and Safety i (1) The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. (2) Fire Department approval is required. (3) Submit code analysis and justification showing the following: • Each building square foot • Each building height • Type of construction • Sprinkler system • Each group occupancy • Property line location in relation to each building (side yard) • Exit analysis for each building (occupant loadlcorridor ratinglexit width/exit signs) 14 L • Accessibility analysis for the entire site and for each building • Shaft rating/exterior walls constructionlopening protection (4) The minimum design load for wind in this area is 80 M.P.H. exposures "C" and the site is within seismic zone four (4). The applicant shall submit drawings and calculations prepared by a licensed ArchitectlEngineer with wet stamp and signature. (5) This project shall comply with the energy conservation requirements of the State of California Energy Commission. (6) This project shall comply with all Title 24 accessibility requirements including accessible parking, path of travel, elevators, restrooms, drinking fountains, etc. (7) The project shall be protected by a construction fence and shall comply with the NPDES and BMP requirements. (8) Surface water shall drain away from building at a 2 percent minimum slope. (9) Specific location of tempered glass as required by code. (10) All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. (11) Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. The City Council shall: (a)- Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Country Hills, DB LLC, 9595 Wilshire Boulevard, Suite 214, Beverly Hills, CA 90212. APPROVED AND ADOPTED THiS 6TH DAY OF DECEMBER, 2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: Carol Herrera, Mayor 1, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was approved and passed by the City Council of the City of Diamond Bar at its regular meeting held on the 6th day of December 2005 by the following vote: AYES: Council Members: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: Council Members: None ABSENT: Council Members: None ABSTAIN: Council Members: None ATTEST:�- Li da C. Lowry, City ClerV, City of Diamond Bar 1 Ei STATE OF CALIFORNIA COUNTY OF LOS ANCsELESSS CITY OF DIAMOND BAR I, LINDA C. LOWRY, CITY CLERK OF THE CITY OF DIAMOND BAR, DO I-IEREBY CERTIFY UNDER PENALTY OF PE14 URY UNUER!TIE LAD'S OF THE STATE OF CALIFORNIA THE FORGOING TO BE A FULL, TRUE AND CORRECT COPY OF THE ORICINAL AS SAME APPEARS ON FILE IN MY OFFICE. IN WITNEFS ;?JIiERE ON, I HAVE HMREUNTO SET MY I1A11D A till AFFIXED TI r: OF THE CITY OF W4MONTD BI- f I DAY OF I , 200'5 IIINDA C. LOWRY,CITY RK BY 1'o DEPUTY i COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT v9t09'� �QJg STANDARD CONDITIONS (DEVELOPMENT) PROJECT #: CUP 2004-01, DR 2004-19 and VAR 2004-02 SUBJECT: Country Hills Towne Center --.r- APPLICANT: Country -Hills DB,..-LLC/Michael.McCa.rthy....- LOCATION: West of Diamond Bar Blvd., between Fountain Springs Rd. and Cold Springs Ln. - ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION, (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 CUP 2004-01, DR 2004-19 and VAR 2004-02 brought within the time period provided by Government Code Section 66499.37. In the event the City andlor its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. fEE ,Q, F, The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. Signed copies of City Council Resolution No. 2005-M 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. 3. Revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval prior to plan check. 4. Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that y FisiI and -Game Go -C e. -Said payment aha1115 mae`by the'a'ppficani=to tiie City within five days of this approval. 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. i 7. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for consistency prior to issuance of any permits (such as grading, tree removal, encroachment, building, etc.,) or prior to final map approval in the case of a custom lot subdivision, or approved use has commenced, whichever comes first. 13. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety, Public Works and Engineering Divisions and Mitigation Monitoring) at the established rates, prior to final map approval, issuance of building or grading permit (whichever comes first), as required by the City. School fees 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 the map's recordation or issuance of building permits, whichever come first. 2. All deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of CUP 2004-01, DR 2004-19 and VAR 2004-02 at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. 2. The approval shall expire if building permits are not issued or approved use has not commenced within two years from the date of approval. The applicant may request for a one year time extension subject to Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial donforrr►ancewith-.he approved plans'submitted to and approved by the City Council including: site plans, architectural elevations, exterior materials and colors, landscaping, sign program, and grading on file in the Planning Division, the conditions contained herein and Development Code regulations 2. The Mitigation Monitoring Program approved by the City shall be implemented and complied with rigorously. The mitigation monitoring fees shall be deposited with the City, 90 days prior to the issuance of a grading permit. All costs related to the ongoing monitoring shall be secured from the applicant and received by the City prior to the approval of the final map. 3. A property management association (HOA) shall be formed. Reciprocal parking agreements for all parcels and maintenance agreements ensuring joint maintenance of all common roads, drives, parking areas and landscaping shall be provided by CC&R's or deeds and shall be recorded, prior to issuance of building permit. Reciprocal access easements shall be provided ensuring access to all parcels by CC&Rs or by deeds and shall be recorded concurrently prior to the issuance of building permits. 4. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 5. All building numbers and individual units shall be identified in a clear and concise manner, including proper illumination. House numbering plans shall Q F. be submitted to and approved by the City building permits. Engineer prior to issuance of 6. All lighting fixtures adjacent to interior property lines shall be approved by the Planning Division as to type, orientation and height. 7. A detailed on-site lighting plan, including a photometric diagram, shall be reviewed and approved by the City Planner prior to the issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. LANDSCAPE, PRESERVED AND PROTECTED TREES 1. Detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and submitted to the Planning Division for review and approval prior to issuance of building permits. 2. Prior to'releasing occupancy, an inspection shall be conducted by the Planning Division to determine that the landscaping and irrigation comply --with the approved landscape and irrigation plans. SOLID WASTE The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of'the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. 3. Trash receptacle(s) are required and shall meet City standards. The final design, locations, and the number of trash receptacles shall be subject to City Planner review and approval prior to the issuance of building permits. 4. Central trash enclosures shall be equipped with recycling receptacles. 20 APPLICANT SHALL CONTACT THE ENGINEERING/PUBLIC WORKS DIVISION, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERALISUBDiVISION 1. Prior to final map approval or issuance of building permit, whichever comes first, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. 2. Prior to final map approval or issuance of building permit, whichever comes first, applicant shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 3. Prior to final map approval or issuance of building permit, whichever comes first, if any public or private improvements required as part of this project have not been completed by applicant and accepted by the City, applicant _. shall enter into an agreement with the,City and shall post the appropriate _ security. 4. Cost Estimates for all bond or surety amounts shall be provided by the applicant and approved by the City Engineer. 5. Prior to final map approval or issuance of building permit, whichever comes first, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer, surety shall be posted, and an agreement executed guaranteeing completion of all public and private improvements. 6. Prior to issuance of grading permits, surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. 7. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the detailed site plan and grading plan, as approved by the City Engineer. 8. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Division in addition to any other permits required. 9. Applicant shall label and delineate on detailed site plan any private drives or fire lanes to the satisfaction of the City Engineer. ��j �' = r ��` ( D 1 i4 �° I 'r U i 10. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 11. Prior to occupancy,. the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the plan for all improvements at no cost to the City. 12. Applicant shall provide digitized information in an Auto CADD format defined by the City for all related plans, at no cost to the City. 13. All activities/improvements proposed for this project shall be wholly contained within the boundaries of the project. Should any off-site activities/ improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. 1. No grading or any staging or construction shall be performed prior to issuance of building permits. - - 2. Exterior grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be , limited to between the hours of 7:30 a.m. and 5:30 p.m., Monday through Friday. Dust generated by grading and construction activities shall be i 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 utilized whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. 3. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot -high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 4. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance and acceptable grading practices. 5. At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval: Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. 6. Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement j i 22 executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. 7. Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading pians. Final grading plans shall be signed and stamped by a Califomia registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. S. A Standard Urban Stormwater Management Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post -construction activities respectively. 9. Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. C. DRAINAGE 1. All drainage channels shall be constructed in muted earth tones so as not to impart adverse visual impacts. 2. All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. 3. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and the Los Angeles County Flood Control Districts. All storm drain facilities plans shall be plan checked by the County of Los Angeles and all fees required shall be paid by the applicant. D. UTILITIES Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. E. SEWERS 1. Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this land division. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. 2. Applicant shall obtain connection permit(s) from the City and County. Sanitation District prior to issuance of building permits. 3. Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. F. TRAFFIC MITIGATIONS All traffic signals plans and traffic mitigations shall be implemented in accordance with the Traffic Impact Analysis Report by Linscott, Law & Greenspan engineers dated July25, 2005, priorto issuance of the certificate of occupancy: APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE'-FOLLOW-INGCON DITIONS: - 1. Plans shall conform to State and Local Building Code (i.e., 2001 Uniform Building Code, Uniform Plumbing Code, Uniform Mechanical Code, and the i 2001 National Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time the i application was approved. 2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and State Fire Marshal regulations have been complied with. The buildings shall be inspected for compliance prior to occupancy. 3. The applicant shall comply with the adopted 2001 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, and the 2001 National Electric Code and all other applicable construction codes, ordinances and regulations in effect at the time of issuance of building permits. 4. Fire Department approval is required. 5. All restaurants shall be equipped with grease interceptors. All food establishments shall obtain County Health and Environmental waste permits. 6. Submit grading plans showing clearly all finish elevations, drainage, and retaining walls locations. 24 � aF ff i f � i 7. Retaining wall design and calculations shall be submitted to the Public Works/Engineering division for review and approval concurrently with the grading plan check. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. I-) r: CITY COUNCIL Agenda # 7.2 Meeting Date: February 6, 2007 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: Consideration of Comprehensiveign Program No. 2006-04, Conditional Use Permit No. 2007-01 and Variance No. 2006-04, pursuant to the Development Code Title 22, Sections 22.36.060, 22.58, and 22.54. The proposed project consists of a comprehensive sign program for the Country Hills Towne Center, a variance to reduce the required monument sign setback from property line, and a conditional use permit for modifications to an existing nonconforming pylon sign. RECOMMENDATION: Staff recommends that the City Council conduct a public hearing hearing, the City Council should deliberate on the merits of the Commission and staff recommend that the Council adopt the approving the project. BACKGROUND: After the conclusion of the public proposed project. The Planning attached Resolution No. 2007 -XX A Comprehensive Sign Program is typically approved by the Planning Commission. However, in approving the Conditional Use Permit No. 2004-01 in December 2005 for the Country Hills Towne Center, the City Council imposed a condition requiring the Comprehensive Sign Program to have final approval from the City Council. On January 23, 2007, the Planning Commission conducted a public hearing to review the Comprehensive Sign Program submitted by the Applicant. At the conclusion of the hearing, the Planning Commission voted unanimously to recommend the City Council approve the Comprehensive Sign Program, the Conditional Use Permit and the Variance. DISCUSSION: The proposed Country Hills Towne Center Comprehensive Sign Program establishes sign criteria for following: A. Center identification monument signs B. Tenants identification monument Signs C. Building wall signs for the market, major tenants, pad tenants and in-line shop tenants D. On-site directional monument signs The proposed sign criteria will show the number of -signs allowed, the placement of the signs, and the sign area with a maximum of 25 percent for non-English language. A part of the Comprehensive Sign Program includes the renovation of the existing non -conforming pylon sign and a variance to reduce the setback for the freestanding center monument signs from ten feet to two feet for a total of six monument signs (four new and two existing signs) along Diamond Bar Blvd. The detailed summary of the Comprehensive Sign Program and the analysis of the Variance request is contained in the attached January 23, 2007, Planning Commission staff report. The Planning Commission discussed whether to require the applicant to install the shopping center addresses on the pylon sign. The Commission felt that including the address would help shoppers traveling on Diamond Bar Boulevard to locate businesses. The Commission determined that given the site constraint of 20 feet below street grade, a Variance is justified to reduce the setback for the monument sign. The Commission unanimously voted to recommend approval with the added condition that required the applicant to install the shopping center addresses on the pylon sign, subject to Community Development Director review and approval. 10444c� W Prepared by Jklincy F ng, AICP Reviewe by e Doyle Community evei ent Director Assistant City Manager Attachments: 1. Draft City Council Resolution No. 2007 -XX approving Comprehensive Sign Program No. 2006-04, Variance No. 2006-04 and Conditional Use Permit No. 2007-01; 2. Planning Commission staff report dated January 23, 2007; 3. Draft Comprehensive Sign Program for the Country Hills Towne Center 2 r PLANNING COMMISSIONAGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 -- FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: 7.4 January 23, 2007 CSP 2006-04 CUP 2007-01 VAR 2006-04 2825 Diamond Bar Blvd. APPLICATION REQUEST: Approval of a Comprehensive Sign Program for the center, the keeping and renovation of a non- conforming pylon sign, and the reduction of setback from property line for new monument sign. PROPERTY OWNERS/: APPLICANT STAFF RECOMMENDATION: Michael McCarthy Country Hills DB, LLC 9595 Wilshire Blvd., Ste. 214 Beverly Hills, CA 90212 Recommend approval to City Council BACKGROUND: Country Hills Towne Center is located at 2825 S. Diamond Bar Boulevard between Cold Springs Lane and Fountain Springs Road. On December 6, 2005, the City Council approved the entitlements for a facade renovation for the existing shopping center and the construction of two new buildings on the site. The new building for H -Mart and the facade renovation is presently in progress. A condition of approval for the entitlements requires that the applicant prepare a Comprehensive Sign Program for Planning Commission review and a recommendation be forwarded to City Council for final review and approval. Another condition of approval requires that the keeping of the existing non -conforming pylon sign and the renovation of the sign be subject to a separate Conditional Use Permit. ANALYSIS: A. Review Authority (Sections 22.58,22.36.060, and 22.48) The proposed project requires the following applications: Comprehensive Sign Program for multi -tenant shopping center and allowing more than five signs. 2. Conditional Use Permit for the keeping and the renovation of the existing nonconforming pylon sign. 3. Variance for the reduction of the monument sign setback from 10 feet to two feet from the property line. The above applications typically are reviewed and approved by the Planning Commission. Due to the specific condition of approval from City Council, the Planning Commission in this case is a recommending body. B. Comprehensive Sign Plan (Section 22.36.060) The purpose of a comprehensive sign program is to integrate signs with the design of the buildings and achieve a unified architectural statement. A comprehensive sign program is required for all projects proposing five or more signs. Through the comprehensive sign program, flexibility in the application of the sign standards is allowed if they meet the intent of the code. The proposed comprehensive sign program for the Country Hills Towne Center establishes standards and design guidelines for new wall signs for both existing buildings and new buildings. Additionally, it includes standards and design guidelines for renovation of the existing pylon sign, directional signs, project identification monument signs, and tenant identification monument signs_ The following table provides a summary and recommendations of the proposed Page 2 (('RP Nn inn R_nd \/LP Kl� onna_nn 2 (-i Io hl- ')nm noN various types of signs and their consistency with the sign standards contained in Section 22.36 of the Development Code. Wall Siqns: Sign Buildings Quantity Sign Area Max.. Recommendations Type lsq) Height . `. Market 5 125 sf 5 ft The number of signs will not create clutter A due to the large amount of building frontage. Major tenant wall signs 1 primary 125 sf 5 ft Meets intent of code (B-1, Rite Aid) B Major tenant wall signs 1 primary 71.75 sf 3 ft Meets intent of code. (B-2) Major tenant wall signs 1 primary 125 sf 4 ft Staff recommends that the signs be limited (B-3) to one primary and one secondary wall sign 2 secondary 93 sf 4 ft for major tenants B-2 and B-3. Pad tenant 2 32 sf 2 ft; or Existing KFC and Burger King C 3 ft logo Multi -tenant for shops at 50 sf 2 ft; or Staff recommends 1 wall sign per building D D-2 30 inches elevation up to a maximum of 3 per letter/logo; business or 5 ft logo Multi -tenant for new two- primary 50 st 3 ft Staff recommends that the secondary wall D story shop building (D-1) sign be reduced to 30 square feet; and allow secondary 50 sf 18 inches 1 sign per building elevation up to a maximum of 2 per business Multi -tenant for inline 1 primary 35 sf 2 ft Meets intent of code. A secondary sign is E shops allowed only if the tenant has a 50 feet plus 1 secondary 14 inches leased frontage. Multi -tenant for food 1 per tenant 22 sf 18 inches Sign criteria should clearly state that only F court one per tenant is permitted. Four-story medical office 2 primary 125 sf 2 ft Meets intent of code. G building 2 secondary 30 sf 16 inches 2. Monument Siqns: Type Quantity Sign Area Height Set6kk _' ' Location =', Analysis (sq. ft) ; Project 2 32 sf 6 ft 2 ft Diamond Bar Blvd. Recommend approval of setback identification frontage Variance request (CH) Market (M) 2 32 sf 6 ft 2 ft Cold Springs Ln. Variance requested for setback. Staff entrance & Fountain does not recommends approval of Springs Rd, entrance the variance setback Pad tenant 2 24 sf 7.5 It 2 ft Diamond Bar Blvd. Recommend approval of setback (PT) frontage Variance request Multi -tenant 2 24 sf 4.75 ft 2 ft Diamond Bar Blvd. Meets intent of code because of size (ME) (4 tenants entrance of center. on each side) Multi -tenant 2 24 sf with 7.5 ft 2 ft Diamond Bar Blvd. 10 monument signs along Diamond (MF) 4 tenants frontage Bar frontage. Staff is of the opinion on each that it is overcrowding the side streetscape and recommends the multi -tenant sign close to Burger King be eliminated. With a comprehensive sign program, the sign codes allow the flexibility for increasing the number of monument signs. The center is about 20 feet below street grade, which results in poor visibility from Diamond Bar Boulevard. Therefore, the additional number of wall signs over that allowed by the development code will improve the visibility and the name recognition of types of shops within the center. However, increasing the number of monument signs should not result in overcrowding the street frontage. Staff recommends that the one multi -tenant monument sign closest to Burger King be eliminated. With respect to design of the proposed monument signs, they are aesthetically appealing and complement each other with the use of stacked stones and cornice treatments as common features. C. Conditional Use Permit (Sec. 22.58): The applicant is proposing 'to renovate the existing double -sided pylon sign located in the median of the main entrance driveway off Diamond Bar Boulevard. The pylon sign was constructed in 1961, which predate City incorporation. It is considered nonconforming because the City's Development Code prohibits pole signs. However, Section 22.68.030 of the Development Code allows modifications to nonconforming structures with Page 4 ((SCP N., Wnna nn WAD K1- I— -A - - - - __, approval of a conditional use permit. The modifications must be necessary for safety reasons, to reduce fire hazards or to improve the aesthetics of the structure and that the Conditional Use Permit findings can be met. The applicant proposes to remove the existing sign cabinets and install two new cabinet signs at the top for major tenants and spaces for seven tenants in the middle portion. A Country Hills Towne Center identification logo sign is proposed for the lower portion of the sign. The sign posts are proposed to be clad in stacked stone and the sign will have a cap with a cornice type treatment. The proposed modifications will enhance the aesthetics of the structure, complement the proposed improvements to the shopping center buildings, and provide further visibility to the center. D. Variance (Section 22.54): The required setback for monument signs is 10 feet from the property line. The applicant proposes a setback of two feet. As mentioned in the above section, the site is approximately 20 feet below the street grade with a 2 to 1 slope that exists behind the sidewalk and property line. Placing a monument 10 feet from the property line within a 2 to 1 slope will require a support wall of more than 10 feet, which increases the total height of the monument sign to 16 feet to be seen from Diamond Bar Boulevard. By reducing the setback to two feet from the property line, it will allow the monument signs to be approximately 6-7'/2 feet in height and be visible from the street. Therefore, a variance is necessary and staff can make the findings to support the approval of the variance. No other commercial center has the same condition as Country Hills Towne Center. It is a unique site and has unusual circumstances where the approval of the variance will allow the property owner to enjoy the same rights as other commercial center property owners in the same zone. Staff recommends that the variance request for the monument signs proposed along Diamond Bar Boulevard be approved. However, the variance request to reduce the monument sign setbacks for both Cold Springs Lane and Fountain Springs Road is not supported by the site constraints. Therefore, staff does not recommend approval of the monument signs at Cold Spring Lane and Fountain Springs Road. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 700 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspaper. A notice display board was posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites. Pana S 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 pursuant to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. RECOMMENDATIONS: Staff recommends that the Planning Commission approve the project with conditions. Prepared by: Sandra Campbell Contract Senior Planner Reviewed by: Nancy Fong, AICP Community Development Director Attachments: 1. Draft resolution recommending approval of Comprehensive Sign Program No. 2006-04, Conditional Use Permit No. 2007-01 and Variance No. 2006-04; 2. Exhibit "A" — Country Hills Towne Center Master Sign Plan Page 6 (CSP No. 2006-04, VAR No. 2006-04 & CUP No_ 2007-021 CiTY COUNCIL RESOLUTION NO. 2007-:07 A RESOLUTION OF THE CiTY COUNCIL OF THE CiTY OF DIAMOND BAR APPROVING COMPREHENSIVE SIGN PROGRAM NO. 2006-04, CONDITIONAL USE PERMIT NO. 2007-01 AND VARIANCE NO. 2006-04 FOR THE COUNTRY HILLS TOWNE CENTER IN THE C-2 ZONE, LOCATED WEST OF DIAMOND BAR BOULEVARD BETWEEN FOUNTAIN SPRINGS ROAD AND COLD SPRINGS LANE, DIAMOND BAR, CALIFORNIA (APNS 8285-020-31 THROUGH 51). A. RECITALS. 1. The property owner and applicant, Country Hills DB, LLC, has filed an application for Comprehensive Sign Program No. 2006-04, Conditional Use Permit No. 2007-01 and Variance No. 2006-04 for property located on Diamond Bar Boulevard between Fountain Springs Road and Cold Springs Lane, Diamond Bar, California, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Comprehensive Sign Program Conditional Use Permit, and Variance shall be referred to as the "Application." 2. Property owners within a 700 -foot radius of the project site were notified by mail and a public hearing notice for this project was advertised in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, public hearing notices were posted in three public spaces at least 10 days before the public hearing. 3. On January 23, 2007, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and voted to recommend approval to the City Council of the City of Diamond Bar. 4. On February 6, 2007, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application. B. RESOLUTION. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This City Council hereby specifically finds that all of the farts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby determines that the project identified above in this resolution does not require further CEQA review. 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 in accordance to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. 3. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this City Council that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: Comprehensive Sign Program (CSP) The proposed project is consistent with the required comprehensive sign program findings contained in Section 22.36.060 of the Development Code I' as follows: (a) The Comprehensive Sign Program satisfies the purpose and the intent of Section 22.36.010 of the Development Code. (b) The signs enhance the overall development, are in harmony with, and are visually related to other signs included in the comprehensive sign program and to the structure and/or uses they identify, and to the surrounding development. The signs contain similar treatments, colors, location and size that are internally consistent and compatible with the proposed renovation of the Country Hills Towne Center fagade. (c) The comprehensive sign program accommodates future revisions that may be required due to changes in uses or tenants. The sign program contains standards and guidelines that new signs are required to meet. (d) The comprehensive sign program complies with the standards of this chapter, except that flexibility is allowed with regard to sign area, number, location and/or height to the extent that the comprehensive sign program will enhance the overall development and will more fully i .inn -7—n-7 accomplish the purposes of this chapter. As conditioned and with the approval of the variance, the comprehensive sign program complies with the standards with additional signs and heightthat allows signs to be seen from the public right-of-way. The comprehensive sign program standards will provide an aesthetically appealing quality that will enhance the overall appearance of the Country Hills Towne Center. Variance (VAR) (d) There are special circumstances applicable to the property so that the strict application of this development code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self- created hardship or unreasonable regulation that makes it obviously impractical to require compliance with the development standards. The variance is required to allow the property owner to reduce the monument sign setback from Diamond Bar Boulevard. The special circumstance applicable to the property is the approximately 20 -foot grade difference between the roadway and the shopping center. The grade difference will result in poor visibility of the monument signs from the public street if the minimum 10 -foot -wide setback is enforced. The site's grade difference from the roadway places constraints on the use of the property that are not shared by other properties in the same zone. The gas station and carwash properties located on the corner of Diamond Bar Blvd. and Cold Springs Lane have relatively flat slopes and are at approximately the same grade as Diamond Bar Blvd. (e) Granting the variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property for which the variance is sought. The strict application of the development standard would deny the property owner the right to construct monument signs with sufficient visibility from Diamond Bar Boulevard. The adjacent commercial properties are close to or at the same elevation as Diamond Bar Boulevard. (f) Granting the variance is consistent with the general plan and any applicable specific plan. The variance is consistent with Objective 1.3 of the General Plan Land Use Element that states that sufficient land 2007--07 shall be designated for retail and service commercial, professional services, and other revenue generating uses in sufficient quantity to I(" meet the City's needs. The proposed comprehensive sign plan with the approval of the variance for setbacks and the conditional use permit for the pylon sign will enhance the proposed renovation of an existing shopping center. The proposed renovation will assist in the revitalization of an older shopping center by enticing new customers into the center. Consequently, the project will assist in the retention of an existing retail center that provides services to nearby residents. (g) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience orwelfare of the City. The project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Los Angeles County Fire Department requirements. Through the permit and inspection process, those agencies will ensure that the proposed project is not detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the vicinity. Additionally and because of the factors discussed above in Items (a) through (c), the proposed project will not have a negative effect on property values or in the vicinity. (h) The proposed entitlement has been reviewed in compliance with the provisions of CEQA and found to be categorically exempt pursuant to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. CONDITIONAL USE PERMIT (CUP) The proposed project is consistent with the required conditional use permit findings contained in Section 22.58.040 of the Development Code as follows: (i) The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies with all other applicable provisions of the development code and the Municipal Code. The proposed project involves modification to an existing nonconforming pylon sign. The Conditional Use Permit will allow the continued use of a nonconforming structures with improvements to the sign that will be aesthetically consistent with surrounding buildings and signs. Q) The proposed use is consistent with General Plan Objective 1.3 that states, "Ensure that new development, and intensification of existing development, yields a pleasant living, working, or shopping environment, and attracts interest of residents, workers, shoppers and visitors as the result of consistent exemplary design." The proposed modification's to the nonconforming structure is consistent with this objective in that, as conditioned, it will provide an aesthetically appealing sign that will blend with the surrounding area and will complement the design of the Country Hills Towne Center. The proposed modification is also consistent with the Country Hills Towne Center comprehensive sign program. (k) The design, location, size; and operating characteristics of the proposed use are compatible with existing and future land uses in the vicinity. As conditioned, the proposed modifications to the nonconforming structure are consistent with design of the shopping center and will provide an aesthetically appealing structure that will complement and enhance the surrounding area. (1) As referenced above in Items (a) through (c), the project site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints. (m) As conditioned, the proposed project will not be detrimental to the public interest, health, safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district. Before the issuance of any City permits, the proposed project will be required to comply with all conditions within the approved resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. (n) The proposed project has been reviewed in compliance with CEQA and -found to be categorically exempt in accordance to the provisions of Sections 15311 and 15305 of the CEQA Guidelines. No further environmental assessment is necessary. 5. Based on the findings and conclusions set forth above, the City Council hereby approves Comprehensive Sign Program No. 2006-04, Variance No. 2006-04 and Conditional Use Permit No. 07-01, subject to the following conditions: a. General The project shall substantially conform to the Comprehensive V Sign Program 2006-04 labeled as Exhibit "A" dated February 6, 2007, as submitted to and approved by the City Council, and as amended herein. 2. 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 the conditions of approval occurs, the City Council may review the conditional use permit. The City Council may revoke or modify the conditional use permit. 3. If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a fee for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. b. Planning Division JJ 1. Before issuance of any City permits, the applicant shall provide I/ a revised comprehensive sign program for the Planning Division's review and approval with the following changes: (a) The maximum of one primary and one secondary is allowed for major tenants B-2 and B-3. (b) Only one wall sign shall be allowed for food court tenants. (c) One wall sign per building elevation up to a maximum of 3 per business for shops at Dom' , 4 J[6,101 (d) The secondary wall sign for shops at D-1 shall be reduced to a maximum of 30 square feet. (e) One wall sign per building elevation up to a maximum of 2 per business for shops at D-4-- (f) The shopping center addresses provided on lower portion of the existing pylon sign directly below the shopping center identification signage. I The City Council shall: (a) Certify to the adoption of this Resolution; (b) Provide notice to Country Hills DB, LLC, the applicant, that the time within the judicial review of the decision represented by this Resolution must be sought is governed by the provisions of the. California Code of Civil Procedures Section 1094.6; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Applicant, Attn: Michael McCarthy, Country Hills DB, LLC, 9595 Wilshire Blvd., Ste. 214, Beverly Hills, CA 90212 APPROVED AND ADOPTED THIS 6t' DAY OF FEBRUARY 2007, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: ! ate e e, M or I, Tommye Cribbins, City Clerk, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the City Council of the City of Diamond Bar, at a regular meeting of the City Council held on the 6th of February 2007, by the following vote: AYES: Councilmembers: Chang, Herrera, MPT/Tanaka, N/Tye NOES: Councilmembers: None ABSENT: Councilmembers: Zirbes ABSTAIN: Councilmembers: None r ATTEST: Tommyle Cribbins, City Clerk eiHas ViNdOzIlIVOHVe (INOAVICI OA -19 :JVO CINCIAVIG (INV 3NV1 SONNds 0103 I FI MI F7 RA0311VN NOLLVAONilb co VZVIJ STIH CINONVIG LU F- 01 z W� Lu 4 19 co zv y v Ir x O (j) LLJ z 0 0 Z ° \ LLJ ry LJ4 III's Nfill 6j" " 9.4 N A.— Hill N! \\tib CL 1' cr WEil ca 2 M x C'� LU z -j LILI 0 O Z Q LU < z z z$ < U§ U,) LU z ti ISM (j) 0 LU Ix (L z < (L LU a - CL CL < 00 u IM �, it P34- FOUNTAIN SPRINGS ROAD j A y 0000000000000 000000000mN +��� m I weFq:a m 7 v Z itFgy��A+�p�¢�R�B g pBB Ing 554S aZ is Svs �slF�F 6fcn Ing B17EPLN DIAMOND HILLS PLAZA 9 _ RENOVATION WARE MALCOMB �,am o« br Camnrn d P EmY N $ 3 COLD SPRINGS LANE AND DIAMOND BAR BLVD OIgMOND BAR, CALIFORNIA once aaa NOUVAON-A bZVld SIIIH ONOVVVIQ I11e NtlTd NUI1M��yp NUt;� Ipee y" L F � � C zz iF 7, $ $ EXISTINGRETAIL FLOOR PLANS DIAMOND HILLS PLAZA '" I 3 i i �• g F RENOVATION " WARE MALCOMB i COLD SPRINGS LANE AND DIAMOND BAR BLVD. 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No j {' TO: (PLEASE PRINT) PHONE t 1 — FROM: (PLEASE PRINT) PHONES ) 1 r i • L� ..l " if .Y J L CITY OF DIAMOND BAR v,11 beweivfrn 901 NOTICE "OV-"VuWbc"mqarQ AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On September 22, 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 August 17, 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 August 17, 2009, at Diamond Bar, California. v feIla Marque Community Devel ment department g:\\affidavitposting doc FNO by J and is ready for