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Home My WebLink About01/12/2010FILE COPY PLANNING COMMISSION AGENDA, January 12, 2010 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 21825 Copley Drive, Diamond Bar, California, during normal business hours. In an effort to comply with the requirements of Title I/ of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Community Development Department at (909) 839-7030 a minimum of 72 hours prior to the scheduled meeting. PRI -T 10.1-31-3 Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium and encourages you to do the same City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community Development Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030 General Agendas (909) 839-7030 email: info((D-ci.diamond-bar.ca.us CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, January 12, 2010 AGENDA CALL TO ORDER: 7:00 p.m. Next Resolution No. 2010-01 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman Steve Nelson, Kwang Ho Lee, Kathy Nolan, Jack Shah 2. INTRODUCTION OF SENIOR PLANNER, GRACE LEE: 3. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recordina Secretary (completion of this form is voluntarv). There is a five-minute maximum time limit when addressing the Planning Commission. 4. APPROVAL OF AGENDA: Chairman 5. 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: 5.1 Minutes of Regular Meeting: November 10, 2009 5.2 Minutes of Regular Meeting: December 8, 2009 6. OLD BUSINESS: None. 7. NEW BUSINESS: None. 8. PUBLIC HEARING(S): 8.1 Development Review No. PL 2009-20 — Under the authority of Diamond Bar Municipal Code Section 22.48, SA Recycling has submitted a request to establish and construct a small collections recycling facility. Small collections facilities provide household recycling services. The proposed facility will be JANUARY 10, 2010 PAGE 2 PLANNING COMMISSION AGENDA operated by an on-site attendant, and will only accept glass, metal, plastic, paper and reusable items, which will be stored in large roll -off containers. When filled, the containers will be removed from the premises and replaced with empty containers. The subject property is zoned C-2 (Community Commercial) with an underlying General Plan designation of General Commercial. Approval of a Development Review is required to establish small collection recycling facilities uses in a C-2 zone. PROJECT LOCATION: Diamond Hills Plaza 2825 S. Diamond Bar Blvd. Diamond Bar, CA 91789 PROPERTY OWNER: Country Hills Holding, LLC 422 S. Corona Mall Corona, CA 92870 APPLICANT: SA Recycling 532 N. Louise St., #C Glendale, CA 91206 Environmental Determination: This project has been review 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 15303 (New Construction of Small Facilities or Structures) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission Approve Development Review No. PL 2009-20, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 9. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS: 10. STAFF COMMENTS / INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects: JANUARY 10, 2010 PAGE 3 PLANNING COMMISSION AGENDA 11. SCHEDULE OF FUTURE EVENTS: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: PARKS AND RECREATION COMMISSION MEETING: 12. ADJOURNMENT: Thursday, January 14, 2010 - 7:00 p.m. Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive Tuesday, January 19, 2010 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, January 26, 2010 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, January 28, 2010 Government Center/ SCAQMD Hearing Board Room 21865 Copley Drive uURAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION DECEMBER 8, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioner Kathy Nolan, Vice Chairman Steve Nelson and Chairman Tony Torng. Absent: Commissioners Kwang Ho Lee and Jack Shah were excused. Also present: Greg Gubman, Community Development Director; Brad Wohlenberg, Assistant City Attorney; Katherine Laufenburger, Senior Planner; Anthony Santos, Management Analyst; and Marcy Hilario, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4 CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of November 10, 2009 — continued to January 12, 2010, due to lack of quorum. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.2 Conditional Use Permit No. PL2009-50: — Underthe authority of Diamond Bar Municipal Code Section 22.58, Shiu Lan Tsg submitted a request to operate a foot massage establishment under the business name Foot Spa. The proposed establishment will provide foot care services provided by professionally trained technicians. The services proposed include foot massage as the primary use and shoulder massage as an accompaniment to DECEMBER 8, 2009 PAGE 2 DAFT PLANNING COMMISSION the foot massage service. The proposed hours of operation are 10:00 a.m. to 10:00 p.m., seven (7) days a week. PROJECT ADDRESS: PROPERTY OWNER: 20627 Golden Springs Drive Unit 1-0 Diamond Bar, CA 91765 Golden Springs Property LLC 3600 Wilshire Boulevard, Suite 2214 Los Angeles, CA 90010 APPLICANT: Shiu Lan Tsg 19422 Raskin Drive Rowland Heights, CA 91748 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Conditional Use Permit PL2009-50, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nolan asked if the "resting" area was actually a reception area and SP/Laufenburger responded affirmatively. There were no ex parte disclosures. Chair/Torng opened the public hearing. Helen Wong, 19422 Raskin Drive, Rowland Heights, CA 91748, explained that the establishment will house about 10 chairs and ten certified technicians. The foot massage will last about 40 minutes and the shoulder massage will last about 20 minutes. She stated she read staff's report and concurred with staff's recommendations. Chair/Torng closed the public hearing. VC/Nelson moved, C/Nolan seconded, to approve Conditional Use Permit No. PL2009-050, 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: DECEMBER 8, 2009 PAGE 3 AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: PLANNING COMMISSION Nolan, VC/Nelson, Chair/Torng None Lee, Shah 7.1 Development Code Amendment No. PL2009-051 — An Ordinance of the City of Diamond Bar amending the zoning regulations governing bars and nightclubs and amending the Diamond Bar Municipal Code. APPLICANT: City of Diamond Bar CDD/Gubman presented staff's report and recommended that the Planning Commission adopt the resolution recommending that the City Council approve Development Code Amendment No. PL2009-051 by adopting the Ordinance. VC/Nelson wanted confirmation that the ordinance would not preclude the Community Center being used for Bar Mitzvah's, Bat Mitzvahs, weddings, Quinceaneras, and occasions where there would be live entertainment and dancing, etc., and CDD/Gubman responded VC/Nelson was correct. VC/Nelson asked if each event would require a CUP and CDD/Gubman responded no, that once a CUP for a venue is approved, events may take place in accordance with that venue's CUP conditions. VC/Nelson asked if the conditions would preclude a restaurant to front as a nightclub. CDD/Gubman responded that the language has been written to prevent that possibility. C/Nolan said that on its face, this ordinance seemed extreme. She said she understood the situation that brought this matter forward. Businesses similar to "Happy's" have live entertainment that do not draw large crowds. She wondered if an establishment with a juke box that attracts a small group of 20 would be considered a ruckus. She reiterated that the problems that caused this matter to come to the Planning Commission were huge. However, this seems to be extreme for businesses wanting to operate in Diamond Bar in the future. For example, Acapulco used to feature Karaoke which to her seemed rather sedate in comparison to the problems that initially created the entertainment moratorium in effect for the past two years. She asked for CDD/Gubman's comments. CDD/Gubman stated that under this ordinance dancing is prohibited and would only be allowed at a reception or any events that could be held at a community center or hotel. C/Nolan asked what the alternative would be to RAFT DECEMBER 8, 2009 PAGE 4 PLANNING COMMISSION the moratorium if this ordinance were not approved. Acapulco has had Karaoke for a number of years. CDD/Gubman replied that research shows that type of entertainment occurred prior to incorporation. Acapulco would most likely be considered to be "grandfathered" in as a non -conforming use under this ordinance. C/Nolan again stated that to restrict dancing on its face was to her rather odd. CDD/Gubman stated that during development of this ordinance staff was led to the conclusion that the character of Diamond Bar is not one that would lend itself to these types of activities. This is predominately a residential community and these types of entertainment uses will clash with adjacent uses, and staff feels that while the proposed ordinance is very restrictive, the slightest bit of wiggle room opens the City up to enforcement issues. Therefore, staff is proposing to be very restrictive. C/Nolan asked if occupancy has a bearing on the allowed uses and CDD/Gubman said that staff did not attempt to draft occupancy thresholds. C/Nolan asked if a bowling alley would be restricted from having live entertainment. She said she is concerned about existing established businesses that have never been a problem when this ordinance was brought about by an "elephant in the room" situation. VC/Nelson said he had been involved with the Planning Commission for 10 or so years and could not remember a meeting where the sheriff's department showed up to testify against an establishment. There are two to four sheriff's patrolling the City after midnight and when the Planning Commission was told those units were at Scribbles breaking up problems and the rest of the City was left uncovered that was particularly bothersome to him — not to mention that the Fall Creek Condo residents would complain that at night they could hear the bass through the walls of their rooms. All of C/Nolan's points are very well taken. The City does not want to hurt any existing businesses but it is an unfortunate fact of life that there are people who will look for every loophole in order to take advantage of a situation, which is exactly what happened with Scribbles. It is almost like a zero tolerance situation. Diamond Bar has a "Country Living" mantra and this is not a place where residents are interested in establishing places where dancing and entertainment is advertised on the radio, where there are posters placed around Southern California, etc. If there is some concession to grandfather in places like Acapulco where those kinds of problems are not apparent, he is all for that but he does not want to leave a door open for individuals to come into the City to take advantage of the situation and create problems that create issues for the community such as proper police coverage. He is one hundred percent for the ordinance and if people want to dance and party Diamond Bar is not the place. DECEMBER 8, 2009 PAGE 5 PLANNING COMMISSION Chair/Torng said he agreed with VC/Nelson. This is a very serious problem for the City. Diamond Bar is a quiet residential city and he would like to avoid future problems. He also supports grandfathering of existing well-behaved businesses. CDD/Gubman said that there was an opportunity for grandfathering uses only if those businesses were legally established initially to conduct those types of activities. If businesses are conducting activities that were never authorized, they would be subject to this ordinance. Chair/Torng asked if appurtenant language should be inserted and ACA/Wohlenberg responded that the Municipal Code already contains provisions dealing with non -conforming uses. Chair/Torng pointed out a typo on Page 3. There were no ex parte disclosures. Chair/Torng opened the public hearing. With no one presented who wished to speak on this item, Chair/Torng closed the public hearing. C/Nolan again stated that the language of the proposed ordinance is too restrictive for her. VC/Nelson asked how broadly this item was advertised and CDD/Gubman responded that 1/8th page ads were taken out in The Daily Bulletin and The Tribune. VC/Nelson again stated he did not believe the ordinance was extreme. Scribbles came into the City and thumbed their noses at the residents and government and there was nothing the City could do to prevent Scribbles from going out of their way to cause problems. If the City cannot protect its residents we cannot expect them to stay in the City. The attorney for Scribbles boasted that the City would never win a case against the establishment. The City prevailed, but he does not want the City to have to go through such an event again. If the City does not draw a line in the sand it will remain a blurry issue and someone will take advantage again. ACA/Wohlenberg said that during deliberations within his office, staff attempted to draft an ordinance that was as narrowly drawn as possible, but still allow certain types of entertainment within the City while still meeting the goals of the City, its General Plan and Zoning Code. There is a Supreme Court case that states "it is okay to use your zoning powers to create a clean DECEMBER 8, 2009 PAGE 6 PLANNING COMMISSION and well -lighted place" and based on the direction received from the City and staff, he believes the proposed ordinance accomplishes the goal in preserving the character of the City while allowing opportunities within that character for this type of activity. VC/Nelson graphically explained what had occurred in the area and what children were finding as they walked to school. Four deputies were repeatedly called to the establishment to break up problems and cars were broken into in the Kmart parking lot, and soon. In orderto not have a repeat of what happened at and around this establishment, the City needs to protect itself. C/Nolan asked if Acapulco was grandfathered in and CDD/Gubman responded that staff would need to research county records to see what was allowed when the business was established. If the County's regulations were permissive enough to allow Acapulco to establish the use and have continuously operated in that fashion since that time, the business would be grandfathered. VC/Nelson moved, Chair/Torng seconded, to adopt the attached resolution recommending the City Council approve Development Code Amendment No. PL2009-051 by adopting the ordinance. Chair/Torng asked if there was language that could be added to the resolution to make it friendlier to the existing businesses. CDD/Gubman said that a provision could be added to the ordinance when presented to Council that specifically states that uses that were legally established are subject to the non -conforming provisions in the Municipal Code. VC/Nelson said he would accept that amendment to his motion. Chair/Torng seconded the amendment. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lee, Shah INK DECEMBER 8, 2009 PAGE 7 PLANNING COMMISSION 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nolan said there had been several requests to open or add massage businesses. Is there a point at which the City would find that there was a saturation of a certain type of business? CDD/Gubman said he frankly did not know. There have been other trends that have cropped up and died down. Foot massage is a personal service use and the City has to treat it the way it would with other personal service use businesses subject to specific restrictions in the City's business licensing ordinance. And, if a massage therapist/technician is certified by the State, the City does not have regulatory authority to prohibit them from operating in the City. Diamond Bar is disappointed that the retail/commercial space is being leased so pervasively by uses that do not generate sales tax revenue. It is difficult to discourage non revenue generating uses but it has been the trend of the shopping center landlords to be a little less selective, and less concerned about having a synergistic tenant mix that consists of a lot of retail uses. Landlords are looking to collect rent and these uses seem to be the entities showing the most interest at this time. ACA/Wohlenberg said the only uses the City regulates concentration of placement are the adult uses and when there is an over concentration of alcohol permits which is initiated by Alcohol Beverage Control. Chair/Torng said he was reminded about a statement by former Commissioner Dan Nolan that decisions should be based on what folks want to see ten years hence. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman asked the Commissioners to let staff know by the end of the week whether they would be attending the Four Corners meeting. VC/Nelson said he would not be able to attend. CDD/Gubman reported that due to lack of agenda items there will be no Commission meeting on December 22 and that the next Commission meeting will be January 12, 2010. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. L AH DECEMBER 8, 2009 PAGE 8 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 8:06 p.m. The foregoing minutes are hereby approved this 12th day of January, 2010. Attest: Respectfully Submitted, Greg Gubman Community Development Director Tony Torng, Chairman AFT MINUTES OF THE CITY OF DIAMOND BAR R REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 10, 2009 CALL TO ORDER: Chairman Torng called the meeting to order at 7:15 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 Kwang Ho Lee, Jack Shah, Vice Chairman Steve Nelson and Chairman Tony Torng. Absent: Commission Kathy Nolan was excused. Also present: Greg Gubman, Community Development Director; Katherine Laufenburger, Senior Planner; John Cotti, Assistant City Attorney; and Marcy Hilario, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: VC/Nelson moved, C/Shah seconded, to move Public Hearing Item 7.2 prior to 7.1. Without objection, the motion was so ordered. 4 CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of October 13, 2009. C/Lee moved, VC/Nelson seconded, to approve Regular Meeting Minutes of October 13, 2009, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS None None Lee, Shah, VC/Nelson Chair/Torng None Nolan /-=IPRA NOVEMBER 10, 2009 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.2 Conditional Use Permit No. 2009-08 — Under the authority of Diamond Bar Municipal Code Section 22.58, ZhongGuo Li submitted a request to operate a massage establishment under the business name Delight Beauty Salon. The proposed establishment will provide massage and foot care services " provided by trained technicians. The proposed hours of operation are 9:00 a.m. to 10:00 p.m. seven (7) days a week. The subject property is zoned C-2 (Community Commercial) with an underlying General Plan designation of Commercial Office. Approval of a Conditional Use Permit is required to operate a business offering massage therapy. PROJECT ADDRESS: Diamond Creek Village 21014 Golden Springs Drive #D-2 & D-3 Diamond Bar, CA 91765 PROPERTY OWNER: Lakeview Village Corporation 12901 Harbor Boulevard, Suite A-5 Garden Grove, CA 92840-5830 APPLICANT: ZhongGuo Li Delight Beauty Salon 21044 Golden Springs Drive Diamond Bar, CA 91765 CDD/Gubman presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2009-08, based on the Findings of Fact, and subject to the conditions of approval as listed in the resolution. Staff further recommends that the hours of operation be restricted to 9:00 p.m. as a typical closing time consistent with personal services businesses. However, the code allows the establishment to be open as late as 10:00 p.m. VC/Nelson asked for clarification between staff's written report and the verbal report. CDD/Gubman responded that he verified the square footage using the owner's lease agreement information. The applicant is relocating and changing the overall scope of the business. VC/Nelson said he would like to have the applicant address the matter of restricting the hours and what affect it may have on the business. C/Shah asked if the massage technicians were licensed by the state and CDD/Gubman responded yes, that the technicians are licensed massage technicians as required by the City's business license ordinance. C/Shah asked if one of the services offered was medical laser treatment. E� NOVEMBER 10, 2009 PAGE 3 PLANNING COMMISSION CDD/Gubman explained that the applicant is currently providing electrolysis, hair removal, and waxing treatments. The application proposes to focus only on massage and would not be proposing to continue the skin care services in the new location. C/Lee asked if other businesses in the area were open past 9:00 p.m. CDD/Gubman responded that there are restaurants that are open past 9:00 P.M. There were no ex parte disclosures. Chair/Torng opened the public hearing. Connie Coury, Lakeview Village Corporation, said she, Richard, the applicant, and Tony, his accountant, will respond to questions. C/Lee asked what components of body massage would be practiced and the applicant responded that customers would be fully clothed and the back, shoulder, waist area, leg and foot areas would be treated by 40-50 year old male (six) and female (four) practitioners. VC/Nelson asked what percentage of business would occur between 9:00 p.m. and 10:00 p.m. The applicant responded approximately 60 to 70 percent of patrons arrive after the dinner hour. VC/Nelson asked how much business would be lost if the applicant closed at 9:00 p.m. rather than 10:00 p.m. The applicant responded a lot of business would be lost. The applicant confirmed that most of his business occurs after the dinner hour. Chair/Torng asked if the applicant concurs with staff's recommendations and the applicant asked what would happen if a customer walked into the business at 9:00 p.m. CDD/Gubman said that staff's intent would be that any client that walked into the business up to 9:00 p.m. could be served but that no new clients would be able to enter the business after closing time (9:00 p.m.) The applicant said that customers insist on being treated when the store is open. Chair/Torng said that by accepting staffs recommendation the applicant would not be allowed to have any customers enter the establishment after 9:00 p.m. The applicant said he understood and concurred. C/Shah asked how long the treatments last and the applicant responded one hour. Connie Coury explained that tenants are encouraged to keep a consistent closing time in the center because there are likely to be more problems if one business remains open much later than other businesses. There are four NOVEMBER 10, 2009 PAGE 4 PLANNING COMMISSION restaurants that are open until 10:00 p.m. and midnight, and 1:00 a.m. on weekends. The pizza parlor, which is adjacent to the new location, is open until 10:00 p.m. The property owner does not see any problem with this establishment remaining open until 10:00 p.m. because the owner feels it is better to have more businesses open so that there is a greater presence of people to ensure better security in the area. Margaret Monahan and Esther Nam, regular clients of the applicant and public school teachers who are on their feet most of the day, have found Richard's establishment to be very therapeutic for feet, legs, back and general health and are present to support the applicant and his professional establishment. Ann Lopez, 1156 Crofter Drive, asked for clarification about the scaling back of services. She said she was concerned about the statement that individuals would remain fully clothed for a full body massage. She has never known a massage establishment to be open later than 8:00 or 9:00 p.m. and never for seven days a week. Gina Lopez, 1156 Crofter Drive, said she too had the same concerns as Ann Lopez. Mr. Jung said he and his wife had been customers of the establishment for about a year. They visit the establishment after dinner at about 8:00 or 9:00 p.m. Many people go home after work and have dinner before visiting the establishment for their massage. The technicians are very professional. Chair/Torng asked the owner to explain why he scaled his business back to massage only. The owner responded that after he opened the business, they found that many individuals who sit in front of a computer all day get lower back pain and older people have back problems as well and come in for massages. The reason they are scaling the business back to massage only is due to demand. Chair/Torng asked why customers remain fully clothed for the massage. The applicant explained that he and his technicians do not do oil massage so it is not required for clients to remove their clothing. In addition, the owner does not want anyone to be suspicious of the business practices. C/Lee asked the composition of the customers and the owner said that about 30 percent are ethnic Chinese and the majority is Caucasian. Chair/Torng closed the public hearing. NOVEMBER 10, 2009 PAGE 5 PLANNING COMMISSION CDD/Gubman showed the current and proposed locations and explained that the owner is not enlarging the existing business location, but relocating to a larger unit in another section of the shopping center. VC/Nelson said he found it difficult to understand the rationale for limiting the hours of operation to 9:00 p.m. As was pointed out, other establishments in the immediate area are open until 10:00 p.m. and this seems to be an arbitrary limitation of hours for this legitimate business. At this point he would not support staff's restriction to 9:00 p.m. unless provided compelling reason to do so. He wants Diamond Bar businesses to prosper and while he is a "morning" person, many people work late and by the time they get home and want a massage, it might be too late. CDD/Gubman said he was pleased that VC/Nelson felt that way because it shows that the process works. It is proper for the Commission to deliberate the matter. C/Shah concurred with VC/Nelson and his comments. Other businesses are open until 10:00 p.m. and as stated, the clients remain fully clothed. The owner said that 30 percent of the business occurs after the dinner hour. He sees no reason for limiting this business which he believes is a good service to the community. if the Sheriff's Department has given this business the okay, he sees no reason the business should be limited. Such a limitation could hurt them financially as well as diminishing the service to the community. C/Lee said he too wanted to support small business and based on statements he heard this evening he did not see any reason to limit the business hours. Chair/Tong said he too supports the business but he had a concern about having the business run until 11:00 p.m. if they remain open until 10:00 p.m. VC/Nelson said it would be no different from Bob's Big Boy, for example. If patrons walk in at 10:00 p.m. they can sit and eat for an hour. C/Lee moved, C/Shah seconded, to approve Conditional Use Permit No. 2009-08, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution indicating the business hours will be 9:00 a.m. to 10 p.m. seven days a week. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Lee, Shah, VC/Nelson, Chair/Torng None Nolan NOVEMBER 10, 2009 PAGE 6 PLANNING COMMISSION 7.1 Comprehensive Sign Program 2009-01 - Under the authority of Diamond Bar Municipal Code Section 22.36.060, the applicant requested approval to amend the comprehensive sign program for Gateway Corporate Center. The amendment provides for the establishment of four (4) new freestanding center identification signs, consisting of a pair of signs at the two entrances to the center along Golden Springs Drive. PROJECT ADDRESS PROPERTY OWNER: Gateway Corporate Center at Copley Drive and Gateway Center Drive Diamond Bar, CA 91765 Sandra Deeds The Mueller Company 2900 Adams Street, Suite B30-1 Riverside, CA 92504 APPLICANT: Adam Burrows JB3D Architectural Graphics & Branding 731 N. Main Street Orange, CA 92868 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Comprehensive Sign Program 2009-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah asked why the sign was proposed to be so high and SP/Laufenburger explained the proposal was intended to make the signs readable for people driving by the location. Gateway Corporate Center is very large and currently, there is no center identification. Unless people are familiar with where they are going, there is a possibility to drive past their intended location; therefore, these monument signs will be very visible to vehicular traffic. There were no ex parte disclosures. Chair/Torng opened the public hearing. Adam Burrows, Designer, said he concurred with staff's report. Chair/Torng closed the public hearing. VC/Nelson said he paused to think about the height of the signs and believed that staff was absolutely correct that it would be appropriate in light of the NOVEMBER 10, 2009 PAGE 7 PLANNING COMMISSION berms. These signs will make a statement and it is certainly no more intrusive than the reader board given to Diamond Bar Honda. He felt it was a good piece of identity for the center and for Diamond Bar. VC/Nelson moved, Chair/Torng seconded, to approve Comprehensive Sign Program 2009-01, 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: Lee, Shah, VC/Nelson, Chair/Torng NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 8. PLANNING COMMISSIONER COMMENTSIINFORMATIONAL ITEMS: C/Shah said he was pleased to see that there was no "mudslinging" in the recent election. VC/Nelson inquired about candidates' election signs left on public property after the election is over. CDD/Gubman responded that if those individuals running for office do not remove their signs, staff will take them down from the public right-of-way 10 days after the election and they will be destroyed. As a courtesy, staff sends candidates a courtesy e-mail to let them know that they are expected to remove their signs. Chair/Torng asked if the candidates were charged for removal and CDD/Gubman said that the Code Enforcement Officers remove the signs during their regular routine, and the City does not charge the candidates. C/Shah felt the City should charge $100 per sign to pick them up. If candidates can spend $40,000 to run a campaign, they should have to pay for removal of the signs. Chair/Torng attended the annexation ceremonies and said he appreciate staff's hard work in putting together the event. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman introduced John Cotti, a representative of the City Attorney's law firm. The Planning Commission's regular City Attorney, Brad Wohlenberg was unavailable to attend this evening's meeting. LE®RAFT NOVEMBER 10, 2009 PAGE 8 PLANNING COMMISSION CDD/Gubman advised the Commission that since there is no pending business during the Thanksgiving week, it will be dark for November 24. The next meeting is scheduled for December 8, 2009. CDD/Gubman reported that there is a fraternity house located at 23810 Sunset Crossing Road and there have been disturbance issues with the neighbors. The City and Cal Poly have stepped in and ordered the fraternity to vacate the premises and the residents should be out by the end of November. 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 8:12 p.m. The foregoing minutes are hereby approved this 12th day of January, 2010. Attest: Respectfully Submitted, Greg Gubman Community Development Director Tony Torng, Chairman PLANNING COMMISSION AGENDA REPORT CITY OF DIAMOND BAR -- 21825 COPLEY DRIVE -- DIAMOND BAR, CA 91765 _ TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNERS: January 12, 2010 Development Review No. PL2009-20 Diamond Hills Plaza 2825 South Diamond Bar Boulevard To establish and construct a small collection recycling facility Country Hills Holding LLC 422 South Corona Mall Corona, CA 92879 APPLICANT: Sergey Abramov 532 North Louise Street #C Glendale, CA 91206 STAFF RECOMMENDATION: Approve, subject to conditions BACKGROUND: Site Description The project site is located within Diamond Hills Plaza, a 145,969 square -foot shopping center on the westerly side of Diamond Bar Boulevard, between Cold Springs Lane and Fountain Springs Road. The center is occupied by a supermarket, various retail stores, a bank, restaurants and an AAA district office. The total land area comprising Diamond Hills Plaza is approximately sixteen (16) acres. Project Description A small collection facility is a recycling center that only accepts household glass, metal and plastic containers, paper and reusable items. Small collection facilities are accessory uses, usually within shopping centers, and typically do not occupy an area larger than three parking spaces. The facility is proposed within the parking area on the south side of the Super H -Mart supermarket. The proposed facility is configured to take up three parking spaces. The proposed recycling facility consists of the following components: • Two roll -off containers for the storage of recyclables; • A tan kiosk connected to the front of the containers measuring 12 feet in height. The container colors are not under control of the operator because they are changed out by a different company; Front elevation of kiosk • An attendant will be stationed at the kiosk during working hours to separate, weigh, and pay customers for the recyclables; • There are no signs being proposed for the facility. Any future identification or directional signage is subject to review and approval by the Planning Division. The proposed recycling center will have one attendant present during business hours. Maintenance and replacement of the containers will only occur between 8:00 pm and 8:30 pm to not disrupt operation hours and not be considered a traffic or pedestrian hazard. Proposed hours of operation are as follows: • Monday through Saturday — 9:00 am to 5:00 pm • Sunday — Closed • Closed on holidays DR PL2009-20 Page 2 of 5 Site and Surrounding General Plan Designations, Zoning and Uses ANALYSIS: Review Authority (Municipal Code Sections 22.48, 22.42.100, and 22.10.030 Table 2-6) Development Review (DR) approval is required to ensure compliance with the City's Design Guidelines and development standards, and to minimize adverse effects on the surrounding properties and environment. The C-2 zone requires approval of a DR application for small collection recycling facilities. When reviewing a DR application for a small collection recycling facility, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will generate compatibility issues. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. Because small collection recycling facilities are permitted by right in the C-2 zone, reasonable accommodations for such uses must be provided. DR PL2009-20 Page 3 of 5 GeneralZoning Designation D Site General Commercial C-2 Retail North Low -Medium RLM Single Family Residential Residential South Low -Medium RMH Multi -Family Residential Residential East Rural Residential RR Single Family Residential West Low -Medium RLM Single Family Residential Residential ANALYSIS: Review Authority (Municipal Code Sections 22.48, 22.42.100, and 22.10.030 Table 2-6) Development Review (DR) approval is required to ensure compliance with the City's Design Guidelines and development standards, and to minimize adverse effects on the surrounding properties and environment. The C-2 zone requires approval of a DR application for small collection recycling facilities. When reviewing a DR application for a small collection recycling facility, consideration is given to the location, design, configuration, operational characteristics and potential impacts to determine whether or not the proposed use will generate compatibility issues. If it can be found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject to conditions stipulating the manner in which the use must be conducted. Because small collection recycling facilities are permitted by right in the C-2 zone, reasonable accommodations for such uses must be provided. DR PL2009-20 Page 3 of 5 State Requirements California Public Resource Code 14571(a) requires that a certified recycling center be located within a half -mile radius of a supermarket that grosses $2 million or more in annual sales. Because there is presently not a recycling center within a half -mile radius of Super H -Mart, the proposed small collection recycling facility would satisfy the State requirement. Compatibility: Location and Aesthetics The proposed recycling center is located at the southwesterly end of Diamond Hills Plaza. It would be directly accessible from Cold Springs Lane, and would be easily seen from the street. The proposed location is approximately 120 feet from the residence across Cold Springs Lane and approximately 80 feet from the residence behind the shopping center. The flood control channel and the fencing at the east property line of the shopping center create a significant buffer between the residential and commercial uses. For the most part, existing parking lot landscaping provides adequate screening of the roll -off containers. However, there is a gap in landscaping coverage that will leave the containers partially exposed to view from Cold Springs Lane. To mitigate this, the attached resolution includes a condition requiring the applicant to plant an additional tree to better screen and buffer the containers from Cold Springs Lane. The facility itself will not be visually obtrusive because of the neutral colors used to paint the kiosk and because signage will be restricted by the limitations of the City's sign code, as well as the shopping center's sign program. Parking Shopping centers over 50,000 square feet in size are required to provide 1 parking space for every 300 square feet of gross floor area. With a total of 145,969 square feet of building area, the shopping center is required to provide a minimum of 487 parking spaces for the entire center. Diamond Hills Plaza exceeds this requirement by providing 980 spaces (a surplus of 497 spaces). Moreover, this subarea of the parking lot is not heavily utilized, so it will not significantly alter existing parking patterns or inconvenience the patrons of the shopping center's other business. Sanitary Facilities Super H -Mart will be sharing existing restroom facilities with the employees of the recycling center. DR PL2009-20 Page 4 of 5 A waste receptacle will be located nearby for any additional trash generated by the recycling center. Additional Review The Public Works Department and Building and Safety Division reviewed this project. Their comments are included in the resolution as conditions of approval. 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 Inland Valley Daily Bulletin newspapers on January 1, 2010. A notice display board was posted at the site, and a copy of the notice was posted at the City's designated community posting sites. Public Comments As of the time this staff report went to publication, staff received a phone call in support of the proposed recycling center due to the area being in need of one. 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 15303 (New Construction of Small Facilities or Structures) of the CEQA Guidelines. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution (Attachment 1)• approving Development Review No. PL2009-20, to establish and construct a small collections recycling facility at Location 1, as depicted on the plans in Exhibit "A," and based on the findings of DBMC Sections 22.48.040, subject to conditions. Prepared by: Nat lie Tobo Planning Technician Reviewed by: 01 Greg Gubman, AICP Community Development Director Attachments: 1. Draft Resolution Approving DR No. PL2009-20. 2. Aerial 3. Site Plan 4. Elevations DR PL2009-20 Page 5 of 5 Attachment 1 Draft Resolution PLANNING COMMISSION RESOLUTION NO. 2010-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2009-20, TO ESTABLISH AND CONSTRUCT A SMALL COLLECTIONS RECYCLING FACILITY LOCATED AT 2825 DIAMOND BAR BOULEVARD (APN: 8285-020-037) A. RECITALS 1. The property owner, Country Hills Holdings, and applicant, SergeyAbramov, have filed an application for Development Review No. PL2009-20 to establish and construct a small collections recycling facility to be located at Diamond Hills Plaza, 2825 Diamond Bar Boulevard, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Development Review shall collectively be referred to as the "Project." 2 Notification of the public hearing for this Project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 700 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition to the published and mailed notices, the project site was poster} with a display board. On January 12, 2010, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Project. 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 hereby determines the project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19, Section 15303 (New Construction of Small Facilities or Structures) of the CEQA Guidelines. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.48.040, this Planning Commission hereby finds as follows: The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments); The design and layout of the small collection facility is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized areas by being compatible with the existing uses in the shopping center, and adequately screened and buffered from nearby residences. The facility meets all of the applicable development code standards. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards; The small collection facility is compatible and supplemental to the uses in the shopping center because of the commercial uses that already exist. Traffic and pedestrian hazards at the shopping center will not increase because the facility is proposed on existing designated parking spaces and is also located within an area with light vehicular and pedestrian activity. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48.20. Development Review Standards, City Design Guidelines, the City's General Plan, or any applicable specific plan; The architectural design of the small collection facility is compatible with the shopping center by maintaining a neutral colored kiosk and containers. The kiosk will not exceed 12 feet in height. The kiosk and containers will be screened and buffered from nearby residences by the surrounding landscaping. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; 2 Planning Commission Resolution No. 2010-xx The design of the Project will provide a desirable environment for its occupants and visiting public, as well as its neighbors, through the use of harmonious colors and the use of screening by surrounding landscaping. 5. The proposed development will not be detrimental to 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; Prior to the issuance of any City permits, the Project is required to comply with all conditions within the approved resolution, the Building and Safety Division, and Public Works Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Additionally, the proposed project will not have a negative affect on property values or in the vicinity. D. CONDITIONS OF APPROVAL Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: 1. The project shall substantially conform to Site Plan, Elevations, and Details collectively labeled and referenced herein as Exhibit "A" dated October 27, 2009, as submitted to, amended herein, and approved by the Planning Commission. 2. The applicant and owner shall be solely responsible for ascertaining and complying with all Federal, State, County and City regulations. 3. To ensure compliance with all conditions of approval and applicable codes, the Project shall be subject to periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may revoke or modify the Development Review. 4. Hours of operation shall be limited to Monday through Saturday 9:00 am to 5:00 pm and closed on Sundays and holidays. The maintenance and replacement of the containers shall only occur between 7:00 am to 8:30 am and 5:30 pm to 8:30 pm. 5. The project limits shall not exceed the boundaries delineated on the approved site plan. 6. An additional tree shall be planted within the planter area abutting the south side of the project limits to screen the containers from Cold Springs Lane. The tree shall match the existing species of the surrounding landscaping and shall be in a 24" box. The precise location shall be subject to review and approved by the Planning Division. 3 Planning Commission Resolution No. 2010 -roc 7. The small collection facility shall at all times be subject to the operational criteria set forth under DBMC Section 22.42.100 (2) b. 8. The containers and kiosk shall be locked to prevent unauthorized entry or removal of recyclables during non -business hours. 9. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti shall be removed within 24 hours of being found. 10. A waste receptacle shall be located nearby that matches the trash containers along the pedestrian ways in the shopping center shall be located within close proximity to the recycling facility. 11. The existing restroom facilities at Super H -Mart shall be shared with the employees of the recycling center. 12. The colors of the collection kiosk shall match the description and the elevations on file with the Planning Division. 13. Identification and directional signage associated with the small collection facility shall be in conformance with DBMC Section 22.36 and under the center's approved sign program. Directional signage is expressly limited to placement on the existing, authorized Diamond Hills Plaza wayfinding signs. 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: Sergey Abramov 532 North Louise Street #C, Glendale, CA 91206 and Country Hills Holdings, 422 South Corona Mall, Corona, CA 92879. APPROVED AND ADOPTED THIS 12TH DAY OF JANUARY 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Tony Torng, Chairman 4 Planning Commission Resolution No. 2010-xx I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, ata regular meeting of the Planning Commission held on the 12th day of January 2010, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary 5 Planning Commission Resolution No. 2010 -roc COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL2009-20 SUBJECT: Small Collections Recycling Facility APPLICANT: Sergey Abramov LOCATION: Diamond Hills Plaza, 2825 Diamond Bar Boulevard, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. PL20090000020 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 6 Planning Commission Resolution No. 2010-xx 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. PL2009-20, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. PL2009-20, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 11. 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 7 Planning Commission Resolution No. 2010 -roc permit (whichever comes first), as required by the City. School fees as required shall be paid priorto the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Priorto any plan check, all deposit accounts forthe processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. PL2009-20 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. D. SITE DEVELOPMENT 1. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" including: site plans, floor plans, architectural elevations, exterior materials and colors on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. All structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 24 hours by the property owner/occupant. 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. 8 Planning Commission Resolution No. 2010-xx APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL A separate trash receptacle outside the recycling center shall be included for additional waste that may accumulate during open and closed hours. This trash receptacle shall have a lid to keep rodents and birds from distributing the waste when the center is closed. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Application forwhich no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department. 3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not commenced within 180 days from the date of such permit. 4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m. 5. Please submit a total of 2 full set of plans for review to the Building & Safety Division after the plans have been approved by the Planning Division/Commission . 6. This project shall comply with all Accessibility Code requirements including accessible parking, path of travel, entry, etc. END 9 Planning Commission Resolution No. 2010-xx Y _ T N. N sN[n TPLE. PLOT PLAN PROJECT DATA RECYCI]NO SENTER M5RF55 28255 GIAMONO BAR BWL-RU OIAMONO SAR, CA B1155 9EROEYABRAM0, V 1 C 1 0 R Y 8 R I O G E 0 R G t>nr,�r:f�:';i�•InL,p��NGsaopo __,I sN[n TPLE. 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Da afe 0 Pm ❑ Time DAM Employee Signature E u... ❑ 3PIg [:1 $ $ Mo.Dav Pf.4 EJ 2nd Day 13 O:• •-,; Adtlltlonal merehu,due inuiurn"Ge is 3, Int'l Alpha Country Cb:-. nw— NO DELIVERYLIwv—ndl HoWky —.– S -mal, Exp,se, Mad Corporate Amt No X 9 17 Federal Agency Acct Naor Postal 5ervre N Ac o FROM: (PLEASE PRINT) PHONEj_ 7U .13 TO: (PLEASE PRINT] PHONE T y '2'1 L C,% T 7 �AR 4 1 '7 4- JL - L J L J CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On January 12, 2010, 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 January 8, 2010, 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 January 11, 2010, at Diamond Bar, California. c.. tt6lla Marquez 4 Community Development Department g.\\affidavitposting.doc File ley��by on and is ready for Winning