HomeMy WebLinkAbout06/22/2010PLANNING FILE COPY
COMMISSION
AGENDA
JUNE 225 2010
7:00 P.M.
South Coast Air Quality Management District
Government Center Building —Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Tony Torng
Kathleen Nolan
Kwang Ho Lee
Steve Nelson
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 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 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.
Please refrain from smoking, eating or The City of Diamond Bar uses recycled paper
drinking in the Auditorium and encourages you to do the same
City of Diamond Bar
Planning Commission
MEETING RULES
PUBLIC INPUT
The meetings of the Diamond Bar Planning Commission are open to the public. A member of the
public may address the Commission on the subject of one or more agenda items and/or other items of
which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request
to address the Commission should be submitted in writing at the public hearing, to the Secretary of the
Commission.
As a general rule, the opportunity for public comments will take place at the discretion of the Chair,
However, in order to facilitate the meeting, persons who are interested parties for an item may be
requested to give their presentation at the time the .item is called on the calendar. The Chair may limit
individual public input to five minutes on any item; or the Chair may limit the total amount of time
allocated for public testimony based on the number of people requesting to speak and the business of
the Commission.
Individuals are requested to conduct themselves in a professional and businesslike manner.
Comments and questions are welcome so that all points of view are considered prior to the
Commission making recommendations to the staff and City Council.
In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be
posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject
matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission
may act on item that is not on the posted agenda.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION
Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of
the Community Development Department. Agendas are available 72 hours prior to the meeting at City
Hall and the public library, and may be accessed by personal computer at the number below.
Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are
available for a nominal charge.
ADA REQUIREMENTS
A cordless microphone is available for those persons with mobility impairments who cannot access the
public speaking area. The -service of the cordless microphone and sign language interpreter services
are available by giving notice at least three business days in advance of the meeting. Please
telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m.
and 4:30 p.m., Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030
General Agendas (909) 839-7030
email: info(a-ci.diamond-bar.ca.us
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, June 22, 2010
AGENDA
CALL TO ORDER: 7:00 p.m.
Next Resolution No. 2010-19
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman
Kathleen Nolan, Kwang Ho Lee, Steve Nelson, 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 _recordinq_Secretarv-(completion of -this form_ is- voluntarv)_
There is a five-minute maximum time limit when addressing the Planning Commission
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are
approved by a single motion. Consent calendar items may be removed from the
agenda by request of the Commission only:
4.1 Minutes of Regular Meeting: May 25, 2010.
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Development Review and Minor Conditional Use Permit No. PL 2010-108 —
Under the authority of Diamond Bar Municipal Code Section 22.48.040 and
22.56.040, the applicant, David Viera, is requesting approval of a Development
Review of an addition to the side of the house, and a Minor Conditional Use
Permit to allow the continuation of an existing 13'-4" rear setback (25' is
required). The lot is zoned Low Density Residential (RL) with a consistent
underlying General Plan Land Use designation of Low Density Residential (RL).
Project Address: 24033 Highcrest Drive
JUNE 22, 2010 PAGE 2 PLANNING COMMISSION AGENDA
Property Owner: Karen Camaj
24033 Highcrest Drive
Diamond Bar, CA 91765
Applicant: David Viera
Viera Design & Construction
127 W. Badillo Street
Covina, CA 91723
Environmental Determination: This project has been reviewed for
compliance with the California environmental Quality Act (CEQA). Based on
that assessment, the City has determined the project to be Categorically
Exempt from the provisions of CEQA pursuant to the provisions of Article 19
under Section 153019e) (addition to an existing structure of less than 10,000
square feet) of the CEQA guidelines. No further environmental review is
required.
Recommendation: Staff recommends that the Planning Commission approve
Development Review and Minor Conditional Use Permit No. PL 2010-108,
based on the Findings of Fact, and subject to the conditions of approval as
listed within the draft resolution.
7.2 Conditional Use Permit No. PL 2010-181 — Under the authority of Diamond
Bar Municipal Code Section 22.58, the applicant has submitted a request to
relocate a music school under the business name "The Music Store." The
proposed music school will provide music lessons to children and adults. The
proposed hours of operation are from 12:00 p.m. to 9:00 p.m. Monday through
Thursday, 12:00 p.m. to 8:00 p.m. on Friday, and 10:00 a.m. to 6:00 p.m. on
Saturday.
Project Address: 785 Pinefalls Avenue
Property Owner: Sam Sakurai
787 Pinefalls Avenue
Diamond Bar, CA 91789
Applicant: Gene Iacono
The Music Store
20875 Golden Springs Drive
Diamond Bar, CA 91789
Environmental Determination: This project has been reviewed for
compliance with the California Environmental Quality Act (CEQA). Based on
that assessment, the City has determined the project to be Categorically
Exempt from the provisions of CEQA pursuant to the provisions of article 19
under Section 15301(a) (Interior alterations involving interior partitions and
JUNE 22, 2010
a
10
PAGE 3 PLANNING COMMISSION AGENDA
electrical conveyances) of the CEQA Guidelines. No further environmental
reviews is required.
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit No. PL 2010-181, based on the Findings of Fact, and
subject to the conditions of approval as listed within the draft resolution.
PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects:
SCHEDULE OF FUTURE EVENTS:
4 TH OF JULY BLAST Sunday; -July 4,-2010-- 5:00 p.m.
Fireworks begin at 9:00 p.m.
Diamond Bar High School
21400 Pathfinder Road
4" OF JULY HOLIDAY:
CITY COUNCIL MEETING:
*CONCERTS IN THE PARK:
*MOVIES UNDER THE STARS
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
Monday, July 5, 2010
City offices will be closed in observance
of the holiday. City offices will re -open
on Tuesday, July 6, 2010, at 7:30 a.m.
Tuesday, July 6, 2010 - 6:30 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
Wednesdays - July 7, 2010, through
August 18, 2010, 6:30 p.m. — 8:00 p.m.
Sycamore Canyon Park
22930 Golden Springs Drive
July 7, 2010 - "The Answer"
(Classic Rock)
Immediately following Concerts in the
Park.
July 7, 2010 — "Planet 51"
Thursday, July 8, 2010 - 7:00 p.m.
Government Center/ SCAQMD
Hearing Board Room, 21865 Copley Drive
JUNE 22, 2010 PAGE 4 PLANNING COMMISSION AGENDA
PLANNING COMMISSION Tuesday July 13, 2010 — 7:00 p.m.
MEETING: Government Center/SCAQMD Auditorium
21865 Copley Drive
PARKS AND RECREATION Thursday, July 22, 2010
COMMISSION MEETING: Government Center/ SCAQMD
Hearing Board Room, 21865 Copley Drive
11. ADJOURNMENT:
W .i
21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com
AGENDA ITEM NUMBER: 7.1
MEETING DATE: June 22, 2010
CASE/FILE NUMBER: Development Review and Minor Conditional Use
Permit No. PL 2010-108
PROJECT LOCATION: 24033 Highcrest Drive, Diamond Bar, CA 91765
(APN 8701-017-004)
APPLICATION REQUEST: To construct a 495 square -foot family room addition
- -_ --
--and--219 -square-400t-patio--to-the -side of an existing -
3,284 square -foot home, zoned Low Density
Residential (RL) with a consistent underlying General
Plan Land Use designation of Low Density Residential
(RL). A Minor Conditional Use Permit is requested to
allow the continuation of an existing 13'-4" rear
setback (20' setback is required).
PROPERTY OWNER: Karen Camaj
24033 Highcrest Drive
Diamond Bar, CA 91765
APPLICANT: David Viera
Viera Design & Construction
127 W. Badillo Street Suite C
Covina, CA 91723
STAFF RECOMMENDATION: Approve subject to conditions
BACKGROUND:
The property was developed in 1988 under Los Angeles County standards with a 3,284
square -foot, two-story single family residence on a 19,166 net square -foot (0.44 acre) lot.
The site is legally described as Lot 2 of Tract No. 31941, and the Assessor's Parcel
Number (APN) is 8701-017-004.
Site and Surrounding General Plan, Zoning and Uses
ANALYSIS:
_ . i
An addition that results in a substantial change to the appearance of an existing residence
requires Planning Commission approval of a Development Review (DR) application.
DR & MCUP No. PL 2010-108 Page 2 of 6
General Plan
Zoning District
Land Use
Designation
Low Density
RL
Single Family Residential
Residential
North
Low Density
RL
Single Family Residential
Residential
South
Low Density
RL
Single Family Residential
Residential
East
Low Density
RL
Single Family Residential
Residential
West
Low Density
RL
Single Family Residential
Residential
ANALYSIS:
_ . i
An addition that results in a substantial change to the appearance of an existing residence
requires Planning Commission approval of a Development Review (DR) application.
DR & MCUP No. PL 2010-108 Page 2 of 6
Changes to an existing nonconforming structure require the approval of a Minor
Conditional Use Permit (MCUP) by the hearing officer. Because the DR application
requires Planning Commission approval, the Planning Commission is reviewing the MCUP.
Approval of a DR and a MCUP is required to ensure compliance with the City's general
plan policies, development standards, and design guidelines to minimize adverse effects of
the proposed project upon the surrounding properties and the City in general.
Proiect Description
The applicant requests approval to construct an addition to an existing single family
residence. The new addition will result in a renovation of the front exterior of the residence,
and consists of the addition of a 495 square -foot family room and 219 square -foot patio
cover on the first floor.
Single family residential homes in Low Density Residential (RL) zones are required to have
rear setback of twenty (20) feet from the rear property line or the edge of the buildable pad
on a descending slope. The existing building is nonconforming due to an existing rear
setback of 13'-4" from the edge of the buildable pad on a descending slope.
Development Review
The following table compares the proposed project with the City's development standards
for residential development in the RL Zone.
*Minor Conditional Use Permit is requested to allow the continuation of a nonconforming structure.
DR & MCUP No. PL 2010-108 Page 3 of 6
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5 eet on one side and
14'-3"— southwest
J-3 southwest side
10 feet on the other
side
side.
;z�
J.northeast side
64' • • -
7
37'southwest• -southwest•
-
northeast side
77'— northeast side
pad • descending
. •
Ss
• •
T2'`.. p`.
gyp J 4ON
M of 1
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/.
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,' 1 offronta - •
• •
• •
2-car garage
3 -car garage
3 -car gar g
*Minor Conditional Use Permit is requested to allow the continuation of a nonconforming structure.
DR & MCUP No. PL 2010-108 Page 3 of 6
Site and Grading Configuration: The site is level with the street and no grading is
required.
Elevations: The architecture of the existing single-family residence is a 1980s tract design,
which contains the following features: concrete roof tiles, stucco walls, brick details, and
sculpted grid windows in the front of the house. The proposed new addition will maintain
the existing architectural style of the existing residence except the brick detailing will be
removed and a new decorative window trim will be added to all existing and proposed
windows. The dwelling will continue to be consistent with the surrounding architecture of
the neighborhood.
Landscaping: Landscaping plans are not required because the site is already developed,
and because the project is exempt from the City's Water Conservation Landscaping
Ordinance. The ordinance would only apply if 2,500 square feet or more of the existing
landscaped area was being altered. However, landscaping that is damaged during
construction will need to be restored upon project completion.
Minor Conditional Use Permit
A MCUP is required because of an existing nonconforming rear setback. Current
development standards require a rear setback of 20 feet to the rear property line or edge of
the buildable pad on a descending slope. Currently, the rear setback is 13'-4" to the edge
of the buildable pad.
The City encourages homeowners to make appropriate improvements to their properties,
even if the existing improvements do not fully conform to current development standards.
Therefore, the City has established the MCUP process for such additions, subject to the
findings set forth in the Development Code.
Staff believes that approving the MCUP as described above is appropriate and compatible
with other residences in the neighborhood, based on the following facts and observations:
The existing dwelling was built in 1988, prior to the incorporation of the City of
Diamond Bar;
® The proposed addition will maintain the existing nonconforming rear setback of
13'-4"; and
• By maintaining the existing nonconforming setback, the proposed project is
consistent with other homes within the 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
addition is compatible with the existing residence and surrounding community.
DR & MCUP No. PL 2010-108 Page 4 of 6
The proposed project is designed to be compatible and complementary to the
neighborhood, and incorporates the principles of the City's Residential Design Guidelines
as follows;
• The proposed addition will maintain the existing nonconforming setback, which is
consistent with other homes in the neighborhood, and will not further encroach into
the existing setbacks;
• The addition will be visually integrated to the existing home by using matching
colors, building materials and roof type and pitch;
• All new windows will match the existing windows on the home; and
• Because square footage is being added to the first floor only, design issues
associated with mass, scale and bulk are largely avoided.
Adjacent Home to the Left Project Site Adjacent Home to the Right
Additional Review
The Public Works Department and Building and Safety Division reviewed this project and
included their comments in the resolution as conditions of approval.
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 Dail Bulletin newspapers on June 11, 2010. A notice display board was posted at
the site, and a copy of the legal notice was posted at the City's designated community
posting sites.
ENVIRONMENTAL ASSESSMENT:
This project has been reviewed for compliance with the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19
under Section 15301(e) (addition to an existing structure'of less than 10,000 square feet)
of the CEQA guidelines. No further environmental review is required.
DR & MCUP No. PL 2010-108 Page 5 of 6
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the attached Resolution
(Attachment 1) approving Development Review and Minor Conditional Use Permit
No. PL 2010-108 based on the findings in DBMC Section 22.48 and Section 22.56, subject
to conditions of approval within the draft resolution.
Prepared by:
Natalie Tobon
Planning Technician
Attachments:
1. Draft Resolution of Approval
2. Site Plan, Floor Plans, and Elevations
Reviewed by:
/171
t'
Grace S. Lee
Senior Planner
DR & MCUP No. PL 2010-108 Page 6 of 6
Attachment 1
PLANNING COMMISSION
RESOLUTION NO. 2010 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
AND MINOR CONDITIONAL USE PERMIT NO. PL 2010-108 TO
CONSTRUCT A 495 SQUARE -FOOT ROOM ADDITION AT THE SIDE OF
THE HOME AND TO ALLOW THE CONTINUATION OF AN EXISTING
NONCONFORMING REAR SETBACK OF 13 -FEET, 4 -INCHES (20 FEET
IS REQUIRED) LOCATED AT 24033 HIGHCREST DRIVE, DIAMOND BAR,
CA 91765 (APN 8701-017-004).
A. RECITALS
1. The property owner, Karen Camaj, and applicant, David Viera, have filed an
application for Development Review and Minor Conditional Use Permit No.
PL 2010-108 to construct a 495 square -foot room addition and 219 square -
foot patio cover at t -e side -of-t e home; -and to -allow t -e continuation of an
existing nonconforming rear setback of 13 -feet, 4 -inches (20 -feet is required)
located at 24033 Highcrest Drive, City of Diamond Bar, County of Los
Angeles, California. Hereinafter in this resolution, the subject Development
Review and Minor Conditional Use Permit shall collectively be referred to as
the "Project."
2. The subject property is made up of one parcel totaling 0.44 acres. It is
located in the Low Density Residential (RL) zone and is consistent with the
Low Density Residential land use category of the General Plan.
3. The legal description of the subject property is Tract 31941 Lot 2. The
Assessor's Parcel Number is 8701-017-004.
4. On June 11, 2010, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. Public hearing notices were mailed to property owners
within a 500 -foot radius of the Project site and public notices were posted at
the City's designated community posting sites on June 12, 2010. In addition
to the published and mailed notices, the project site was posted with a
display board and the notice was posted at three other locations within the
project vicinity.
5. On June 22, 2010, 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 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 15301 (e) (addition
to an existing structure of less than 10,000 square feet) of the CEQA
Guidelines. Therefore, no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.56, this Planning
Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
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 proposed 495 square -foot addition and
219 square -foot patio cover is consistent with the City's General Plan, City
Design Guidelines and development standards by meeting all of the setbacks
except the rear setback and maintaining the existing height by adding on the
addition to the first level of the home. The rear setback will maintain the
existing original nonconforming rear setback, and will not further encroach
into the nonconforming setbacks.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
2. The design and layout of the proposed development will not interfere with the
use and enjoyment of neighboring existing or future developments, and will
not create traffic or pedestrian hazards;
The proposed addition will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of the project
site is for a single family residential home and the surrounding uses are also
for single family residential homes.
The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single
family residential home because it is a continuation of an existing use.
3. 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
2
Planning Commission Resolution No. 2010 -XX
Chapter 22.48: Development Review Standards, the City's Design
Guidelines, the City's General Plan, or any applicable specific plan;
The existing architectural design of the home is 1980's tract. The proposed
addition will match the roof type, pitch, colors and building materials. The
addition will be integrated with the existing house by utilizing matching colors
and materials as prescribed in the City Design Guidelines. There is no
specific plan for this area.
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing;
The design of the addition will provide a desirable environment by enhancing
the aesthetic look of the home by adding window trim details to all windows
on the house. The addition provides window trims that are similar to the
styles used in the surrounding neighborhood. The neutral building colors will
remain the same.
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; and
Before the issuance of any City permits, the proposed Project is required to
comply with all conditions within the approved resolution and the Building
and Safety Division 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.
6. The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(e) (addition to an existing structure of less than 10,000 square
feet) of the CEQA Guidelines.
Minor Conditional Use Permit Findings (DBMC Section 22.56.040)
The proposed use is allowed within the subject zoning district with the
approval of a Minor Conditional Use Permit and complies with all other
applicable provisions of this Development Code and the Municipal Code;
The existing single-family dwelling is a permitted use in the RL zone. The
substandard rear setback of the building renders the project nonconforming.
The addition of a nonconforming structure requires approval of a Minor
3
Planning Commission Resolution No. 2010 -XX
Conditional Use Permit. The proposed addition of a 495 square -foot family
room and 219 square -foot patio cover complies with the development
standards of the RL zone.
2. The proposed use is consistent with the general plan and any applicable
specific plan;
The proposed addition to a single-family dwelling unit is consistent with the
City's adopted General Plan. The site is not subject to the provisions of any
specific plan.
3. The design, location, size and operating characteristics of the proposed use
are compatible with the existing and future land uses in the vicinity;
The existing single-family dwelling and the proposed addition of a
495 square -foot family room and 219 square -foot patio cover is consistent
with the development standards for the site and the surrounding
neighborhood. The design of the existing single-family dwelling and the
proposed addition are compatible with the neighborhood through the use of
similar architectural features.
4. The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints;
The subject site is physically suitable for the existing single-family residential
dwelling and the proposed addition. The existing and proposed use of land
is consistent with the surrounding land uses. The proposed addition of floor
area is consistent with the development standards for the RL zone.
5. Granting the Minor Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience or welfare, or materially injurious
to persons, property, or improvements in the vicinity and zoning district in
which the property is located; and
The granting of the Minor Conditional Use Permit will allow the addition of the
existing single-family dwelling unit in a manner similar with existing dwelling
units located in the surrounding neighborhood. The proposed expansion of
the dwelling unit will not negatively impact the public interest, health, safety
convenience or welfare.
6. The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(e) (addition to an existing structure of less than 10,000 square
feet) of the CEQA Guidelines.
4
Planning Commission Resolution No. 2010 -XX
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owner, Karen Camaj, 24033 Highcrest Drive, Diamond
Bar, CA 91765; and the applicant, David Viera, 127 West Badillo
Street, Suite C, Covina, CA 91723.
APPROVED AND ADOPTED THIS 22n' DAY OF JUNE 2010, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
In
Tony Torng, Chairman
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed and -adopted; at -a regu ar meeting o -the- Planning
Commission held on the 22nd day of June, 2010, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
5
Planning Commission Resolution No. 2010 -XX
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Minor Conditional Use Permit
No. PL 2010-108
SUBJECT: To construct a 495 square -foot family room addition and
219 square -foot patio cover to the side of an existing 3,284
single-family residence and a Minor Conditional Use Permit to
allow the continuation of an existing nonconforming rear setback
of 13'-4" (20 -feet is required).
PROPERTY Karen Camai
OWNER(S): 24033 Highcrest Drive
Diamond Bar, CA 91765
APPLICANT: David Viera
127 West Badillo Street, Suite C
Covina, CA 91723
LOCATION: 24033 Highcrest Drive, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b)(1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Development Review and Minor Conditional
Use Permit No. PL 2010-108 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
Planning Commission Resolution No. 2010 -XX
(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 and Minor Conditional Use Permit
No. PL 2010-108, 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-Diamo-nd Bar -Business License; and --a zoningapproval
for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2010 -XX, Standard
Conditions, and all environmental mitigations shall be included on the plans
(full size). The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, and roof plans, 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. The property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
7
Planning Commission Resolution No. 2010 -XX
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid 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.
C. TIME LIMITS
The approval of Development Review and Minor Conditional Use Permit
No. PL 2010-108 expires 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
Attachment 2 including: site plans, floor plans, and architectural elevations on
file with the Planning Division, the conditions contained herein, and the
Development Code regulations.
2. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
3. All roof -mounted equipment shall be screened from public view.
4. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
8
Planning Commission Resolution No. 2010 -XX
5. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
E. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether
during or subsequent to construction shall be done only by the property
owner, applicant or by a duly permitted waste contractor, who has been
authorized by the City to provide collection, transportation, and disposal of
solid waste from residential, commercial, 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 and drainage Plan shall be submitted for review and
approval. 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.
2. 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.
B. 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.
9
Planning Commission Resolution No. 2010 -XX
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code) requirements and all other applicable construction
codes, ordinances and regulations in effect at the time of plan check
submittal.
2. Application for which no permit is issued within 180 days following the date of
application shall expire by limitation, and plans and other data submitted for
review may thereafter be returned to the applicant or destroyed by the
Building Department.
3. Every permit issued by the Building Department shall expire if the building or
work authorized by such permit is not commenced within 180 days from the
date of such permit.
4. Construction activities causing the operation of any tools or equipment used
in construction, drilling, repair, alteration, or demolition work shall be
conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m.
5. The minimum design load for wind in this area is 85 M.P.H. exposures "C"
and the site is within seismic category (D). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
6. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lights shall be fluorescent or
controlled by a manual-on/auto off, occupant sensor, or dimmer switch.
7. 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.
8. 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.
9. The project shall be protected by a construction fence and shall comply with
the NPDES and BMP requirements (sand bags, etc.)
10
Planning Commission Resolution No. 2010 -XX
10. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
End
11
Planning Commission Resolution No 2010 -XX
r
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MAY 25, 2010
CALL TO ORDER:
Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: VC/Nolan led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack
Shah, Vice Chairman Kathy Nolan, and Chairman Tony Torng.
Also -present:------- Grace--S.--Lee, Senior=_ Planner; T. Linh Ho Assistant . City
Attorney; David Alvarez, Assistant Planner; and Stella Marquez, 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 May 11, 2010.
C/Shah moved, VC/Nolan seconded, to approve the Minutes of the Regular Meeting
of May 11, 2010, as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ABSENT: COMMISSIONERS:
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARINGS:
Lee, Shah, VC/Nolan, Chair/Torng
None
Nelson
None
7.1 Development Review No. PL 2010-11 — Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant requested approval to
construct a new single-family residence of 8,870 square feet on a 58,806
MAY 25, 2010
L 1 ° A
PAGE 2 PLANNING COMMISSION
square foot Rural Residential (RR) zoned parcel with a consistent underlying
General Plan Land Use designation of RR.
PROJECT ADDRESS
PROPERTY OWNER:
Lot 55, Derringer Lane
(Tract 23483, APN 8713-034-029)
Diamond Bar, CA 91765
Sumermal & Rajkumari Vardhan
320 Woodruff
Walnut, CA 91789
APPLICANT: Pete Volbeda
180 N. Benson Avenue, Suite D
Upland, CA 91786
AP/Alvarez presented staffs report and recommended Planning Commission
approval of Development Review No. PL 2010-11, based on the Findings of
Fact, subject to the conditions of approval as listed within the resolution.
C/Shah asked if the site would be balanced using imported dirt and
AP/Alvarez responded that the applicant would import 5,300 cubic yards to
create a pad.
Chair/Torng asked if the retaining wall met the height requirement.
AP/Alvarez responded that there are three retaining walls; the two lower
retaining walls are six feet high and the upper retaining wall is four feet high.
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
Pete Volbeda, Applicant, said he was pleased with staff's presentation.
Although this site will have about 5,000 cubic yards of imported dirt, the
property owner also owns the lot to the north which has excess dirt which will
be moved to the proposed site so the two lots will be balanced.
C/Shah asked if any dirt would be exported and Mr. Volbeda reiterated that
there will be no export because the dirt will be balanced between the two
lots.
Mr. Volbeda responded to Chair/Torng that he read staff's report and
concurred with staff's recommendations.
MAY 25, 2010
PAGE 3
Chair/Torng opened the public hearing.
PLANNING COMMISSION
With no one present to speak on this item, Chair/Torng closed the public
hearing.
C/Lee moved, C/Shah seconded, to approve Development Review
No. PL 2010-11, base on the Findings of Fact, subject to the conditions of
approval as listed within the Resolution. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
- AB`SENT:- COMMISSIONERS.- - None = - ---
7.2 Development Review No. 2009-01 and Comprehensive Sian Program
No. 2009-01 — Under the authority of Diamond Bar Municipal Code
Section 22.48 and 22.36.060, the applicant requested approval for a fagade
remodel and Comprehensive Sign Program for a 30,602 square foot existing
commercial building on a 113,683 square foot (2.6 acre) Regional
Commercial (C-3) zoned parcel with a consistent underlying General Plan
Land Use designation of General Commercial (C).
PROJECT ADDRESS
PROPERTY OWNER
1241 Grand Avenue
Diamond Bar, CA 91765
A&J Sunset Village, LLC
10508 Wyton Drive
Los Angeles, CA 90024
APPLICANT: Jeda Designs
140 East Santa Clarita Unit #13
Arcadia, CA 91006
SP/Lee presented staff's report and recommended Planning Commission
approval of Development Review No. 2009-01 and Comprehensive Sign
Program No. 2009-01, based on the Findings of Fact, subject to the
conditions of approval as listed within the Resolution.
C/Lee took exception with the proportion of the size of the building to the
proposed height and wondered why staff would recommend approval of such
a design. SP/Lee responded that initially staff was concerned about the
MAY 25, 2010 PAGE 4 PLANNING COMMISSION
appearance. Prior to three or four revisions, the original design was even
more top heavy and staff suggested adding additional moldings on the
parapet in an attempt to appear less top heavy. The reason the property
owner wants this design is to have the higher tower to gain more visibility for
the building due to the location behind the two-story building to the west.
She suggested the applicant explain the reason for requesting the extra
height of 10 feet. Staff tried as much as possible to mitigate the extra height
and work with the architect. C/Lee said he believed that visibility was
important but so too was appearance and if a building does not look good it
might not serve its intended purpose of presenting a good impression.
SP/Lee responded that staff agrees.
C/Nelson asked how high the slope was leading to the residences on the
east side -in relationship to --the- increased -height of the tower. SP/Lee said -
the building is definitely a lot lower than the residential buildings. C/Nelson
said his point was that even after increasing the height from 25 to 35 feet,
those towers still remain below the level of the back yards so their views will
not be impeded and SP/Lee agreed.
There were no ex parte disclosures.
Susan Lamont, property manager, pointed out that the owner of the property
is trying to work with tenants to improve the look of the center, enhance the
visibility to ensure more foot traffic, generate more business, more sales, as
well as lower rents to keep people in the center. C/Lee suggested the
property owner utilize more parking spaces because the parking lot is always
so congested. Ms. Lamont said there is no space for parking at the rear of
the buildings. One of the big problems is that other centers are right up
against this center and many people who work in the center park in the
parking area. The owner tries to enforce the parking but it is very difficult
and the owner cannot afford to have an onsite guard. The space in the back
is an alley and drainage ditch and to try and open that area for parking would
potentially cause a lot more problems.
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/Nelson seconded, to approve Development Review
No. 2009-01 and Comprehensive Sign Program No. 2009-02, based on the
MAY 25, 2010
PAGE 5
PLANNING COMMISSION
Findings of Fact, subject to the conditions of approval as listed within the
Resolution. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 One -Year Time Extension for Development Review 2007-06 — Under the
authority of Diamond Bar Municipal Code Section 22.66.050, the applicant
submitted a request for a one year extension of time to begin construction.
The project was approved May 13, 2008, with a two (2) year timeframe to
obtain building permits and begin construction.
PROJECT ADDRESS: 2502 Razzak Circle
Diamond Bar, CA 91765
PROPERTY OWNER:
APPLICANT:
Wasif Siddique
11076 Venture Drive
Mira Loma, CA 91752
Robert Larivee
Award Winning Design
3109 Center Drive
Santa Ana, CA92704
SP/Lee presented staff's report and recommended Planning Commission
approval of a one-year time extension for Development Review 2007-06.
Chair/Torng opened the public hearing.
With no one present who wished to speak on this matter, Chair/Torng closed
the public hearing.
VC/Nolan moved, C/Shah seconded, to approve a one-year time extension
for Development Review 2007-06. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
Lee, Nelson, Shah VC/Nolan,
Chair/Torng
None
None
L
MAY 25, 2010 PAGE 6 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Nelson said that he was forced to recuse himself from Site D deliberations
presented at the last few meetings because the company he works for performed
work for the Site D applicant. He kept up with the minutes and thought the
Commission did an excellent job of listening to the public and separating fact from
emotion and felt his colleagues should be proud of their decision moving forward.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
SP/Lee referred the Commissioners to the list of pending projects in planning
review and stated that at this -time, there- are no items scheduled for the
June 8 meeting which may be canceled. SP/Lee stated that Site D Specific
Plan is scheduled for Council discussion on June 15 and possible action on
July 20.
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 7:28 p.m.
The foregoing minutes are hereby approved this 22nd day of June, 2010.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Tony Torng, Chairman
U.Dull INDPLANNING COMMISSION
Br�R_I
AGENDA
REPORT ■•■
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 -- FAX (909) 861-3117
AGENDA ITEM NO.
MEETING DATE:
CASE/FILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
PROPERTY OWNER:
APPLICANT:
7.2
June 22, 2010
Conditional Use Permit PL2010-181
785 Pinefalls Avenue (APN 8760-027-010)
To establish a music school consisting of
music lessons to children and adults, with
ancillary retail sales. The subject property is
zoned I (Light Industrial) with an underlying
General Plan designation of Light Industrial.
Approval of a Conditional Use Permit is
required to operate a music school.
Sam Sakurai
787 Pinefalls Avenue
Diamond Bar, CA 91789
Gene Iacono
The Music Store
20875 Golden Springs Dr.
Diamond Bar, CA 91789
STAFF RECOMMENDATION: Approve subject to conditions.
BACKGROUND:
For the past 31 years, The Music Store has been located at 20875 Golden Springs
Drive. The owner will be vacating the current location at the end of June 2010, and is
looking to move to the proposed location in Diamond Bar to continue serving the local
community.
Site and Surrounding General Plan, Zoning and Land Uses
The project site is located in an industrial park at the corner of Pinefalls Avenue and
Lycoming Drive. The industrial park is comprised of 15 buildings and 18 parcels, and
each building occupies its own lot. The parking areas span across the lots lines, as
shown in the aerial photo below.
Page 2 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 0612212010 docx
General Plan Zoning District
Designation
Land Use
Site
Light Industrial I
Warehouse, Wholesale and
Distribution
North
Li ht Industrial I
Dance Studio, Warehouse
South
Low -Medium Density RLM
Single -Family Residential
Residential
East
Li ht Industrial I
Auto Repair, Warehouse
West
Light Industrial I
Manufacturing
Page 2 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 0612212010 docx
ANALYSIS:
Review Authority (DBMC Sections 22.58 and 22.10.030 -Table 2-6)
A Conditional Use Permit (CUP) is required for uses whose effect on the surrounding
area cannot be determined before being analyzed for suitability at a particular location.
The I (Light Industrial) zone requires approval of a CUP for schools offering specialized
education and training.
When reviewing a CUP, consideration is given to the location, design, configuration,
operational characteristics and potential impacts to determine whether or not the
proposed use will pose a detriment to the public health, safety and welfare. If it can be
found that the proposed use is likely to be compatible with its surroundings, the
Commission may approve the proposed use subject to conditions stipulating the
manner in which the use must be conducted. If the Commission finds that the proposed
use is likely to be detrimental to the public health, safety, and general welfare, then it
must deny the request.
When a CUP is approved, it runs with the land and all conditions placed on the CUP are
binding on all successors in interest. In other words, if the owners of the proposed
music school were to close the school after it has begun operating, a new tenant could
locate in the space and operate the same type of school. The new tenant would be
required to comply with the same conditions as the previous tenant and would not be
permitted to expand the school without full review and approval by the Planning
Commission.
Page 3 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/2010 docx
Project Description
The proposed project (The Music Store) is the relocation of a music school that provides
one-on-one music lessons to children and adults. The types of classes include piano,
voice and vocals, violin, viola, cello, bass, flute, piccolo, clarinet, saxophone, trumpet,
trombone, baritone, tuba, guitar, electric bass, and drums. Classes for other types of
instruments are added if requested, or if they are a popular trend. Ancillary retail sales
are being proposed for the sale of sheet music, books, small instruments and
accessories. The proposed hours of operation are Monday through Thursday from
12:00 p.m. to 9:00 p.m., Friday from 12:00 p.m. to 8:00 p.m., Saturday from 10:00 a.m.
to 6:00 p.m., and closed on Sundays. The duration of classes is half an hour.
The proposed floor plan includes six individual classrooms — a library and accessory
room for the sales of books, sheet music, small instruments, and accessories; an
instrument repair room; a waiting area for parents; and a 576 square -foot recital and
performance area. The proposed space is 1,876 square feet.
The school expects to have a maximum of six students and six teachers at any one
time, and one to two administration staff. Currently, there are a total of 155 students
enrolled in the school, ranging in age of seven to adult. Parents are required to wait for
their children while the music lessons are in session.
Compatibility with Neighborhood
The proposed music school is compatible with various types of business in the area,
such as Dello's Dance Studio located in the industrial park and Discovery World
Montessori preschool and elementary school located at the corner of Brea Canyon
Road and Lycoming Drive. The site is also bordered by single-family residential to the
south. Given the proposed hours of operation, the availability of parking, and the types
of adjoining uses, it is expected that the music school would be a compatible use at this
location.
Parking and Circulation
The lot has a parking area in the front and the rear of the building, with a total of 18
spaces_ The amount of parking spaces required for the existing and proposed uses are
26 spaces — 2 are required for the clothing exporting company, 4 are required for the
construction company and 20 are required for The Music Store. Therefore, unless the
staggered business hours of the tenants — and the shared parking opportunities
resulting from those staggered hours are factored in — there is a mathematical
deficiency of 8 spaces.
Page 4 of 7 CD Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/2010.docx
Parking Requirements
Use Type
Size
Parking Ratio Parking
Parking
Required
ProvidedLand
Wholesale and
1,876
1/1,000 square -feet 2
Distribution
Construction
Warehouse
3,752
1/1,000 square -feet
4
Proposed Music
1/150 square -feet and
School
1,876
1 space for each
20
employee
Total
7,504
26
18
The business hours for The Music Store are from 12:00 p.m. to 9:00 p.m. Monday
through Thursday, 12:00 p.m. to 8:00 p.m. on Friday, and 10:00 a.m. to 6:00 p.m. on
Saturday. The business hours for the other two businesses are 8:00 a.m. to 5:00 p.m.
Monday through Friday. The business hours of The Music Store and the other
businesses overlap on Monday through Friday between 12:00 p.m. and 5:00 p.m.
One of the purposes of the Conditional Use Permit process is to consider potential
impacts the proposed use may have on parking on the property. When reviewing
parking impacts on properties with shared uses, the various uses and business hours
for those uses are taken into consideration. Diamond Bar Municipal Code
Section 22.30.050, states that when "two or more nonresidential uses are developed as
a recognized shopping or professional center and two or more uses have distinct and
differing peak parking usage periods, (e.g., a theater and a bank), a reduction in the
required number of parking spaces may be allowed through the approval of a parking
permit, provided that the most remote spaces is located within 300 feet of the use it is
intended to serve... A shared parking analysis may be required by the director to
support a request for a parking reduction." Staff surveyed the site during various hours
that the proposed music school and the other two tenants would be in use. This is a
conservative approach to analyzing the parking impacts because it is not clear whether
there is reciprocal parking among the parcels in the industrial park. Staff has not been
able to verify this because the industrial park was developed prior to the incorporation of
the City, under Los Angeles County standards.
Page 5 of 7 CD• Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/2010 docx
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 15301 (a) (interior alterations involving interior partitions and
electrical conveyances) of the CEQA Guidelines. Therefore, no further
environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission
hereby finds as follows:
Conditional Use Permit Review Findings (DBMC Section 22.58)
The proposed use is allowed within the subject zoning district with the
approval of a conditional use permit and complies with all other applicable
provisions of this Development Code and the Municipal Code;
Pursuant to DBMC Section 22.10.030, Table 2-6, a specialized education
and training school is permitted in the I zoning district with approval of a
conditional use permit. Through compliance with the conditions of
approval stipulating the manner in which the use must be conducted, the
proposed use will be compatible with neighboring uses in the industrial
park.
2. The proposed use is consistent with the general plan and any applicable
specific plan;
The Proposed Use is compatible with the surrounding neighborhood and
consistent with General Plan Strategy 1.3.3: "Encourage neighborhood
serving retail and service commercial uses". The subject property is not
located within a specific plan area.
3. The design, location, size and operating characteristics of the proposed
use are compatible with the existing and future land uses in the vicinity;
The Proposed Use is located within a multi -tenant industrial park occupied
by various warehouse, construction, and service uses including a dance
school. The proposed music school will be compatible with uses in close
proximity such as the dance school located in the same industrial park and
the preschool and elementary school located in close proximity.
4. The subject site is physically suitable for the type and density/intensity of
use being proposed, including access, provision of utilities, compatibility
with adjoining land uses, and the absence of physical constraints;
The project site is located within an industrial park that currently has
another education use, a dance school. The proposed use is compatible
2
Planning Commission Resolution No. 2010 -XX
with other uses in the surrounding areas such as a preschool and
elementary school and a single-family residential zone to the south. The
required number of parking spaces at the subject site is deficient but a
parking utilization study was conducted to show that the number of
parking spaces is adequate to accommodate the proposed music school.
5. 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; and
Prior to the issuance of any city permits, the proposed project is required
to comply with all conditions of approval within the attached resolution,
and the Building and Safety Division.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(x) (interior alterations involving interior partitions and
electrical conveyances) of the CEQA Guidelines.
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:
The establishment is approved as a music school with ancillary retail sales
as described in the application on file with the Planning Division, the
Planning Commission staff report for Conditional Use Permit PL2010-181
dated June 3, 2010, and the Planning Commission minutes pertaining
thereto, hereafter referred to as the "Use". The Use shall be limited to a
music school and accessory retail sales.
2. The Use shall substantially conform to the approved plans as submitted
and approved by the Planning Commission and on file with the
Community Development Department.
3. This Conditional Use Permit shall be valid only for 785 Pinefalls Avenue,
as depicted on the approved plans on file with the Planning Division. If the
Proposed Use moves to a different location or expands into additional
tenant spaces, the approved Conditional Use Permit shall terminate and a
new Conditional Use Permit, subject to Planning Commission and/or City
Council approval shall be required for the new location. If the Use ceases
to operate, the approved Conditional Use Permit shall expire without
further action by the City.
3
Planning Commission Resolution No 2010 -XX
4. The hours of operation shall be limited to 12:00 p.m. to 9:00 p.m.
Monday through Thursday, 12:00 p.m. to 8:00 p.m. on Friday, and
10:00 a.m. to 6:00 p.m. on Saturday.
5. Each class shall be limited to one-on-one instruction or one-to-one student
to teacher ratio with a maximum of two administrative staff at any one
time.
6. No changes to the approved scope of services comprising the Use shall
be permitted unless the applicant first applies for an amendment to this
CUP, pays all application processing fees and receives approval from the
Planning Commission and/or City Council.
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: Sam Sakurai, 787 Pinefalls Avenue, Diamond Bar, CA
91789; and Gene Iacono, The Music Store, 20875 Golden Springs
Drive, Diamond Bar, CA 91789.
APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2010, 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
22rd day of June 2010, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
ATTEST:
Greg Gubman, Secretary
4
Planning Commission Resolution No 2010 -XX
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL 2010-181
SUBJECT: Music School with Ancillary Retail Sales
APPLICANT: Gene Iacono (The Music Store)
LOCATION: 785 Pinefalls Avenue, Diamond Bar, CA 91789
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
In accordance with Government Code Section 66474.9(b) (1), the
applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding to
attack, set-aside, void or annul the approval of Conditional Use Permit
No. PL 2010-181 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 defendants. The City shall promptly notify the applicant of
any claim, action of proceeding, and shall cooperate fully in the
defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Conditional Use Permit No. PL 2010-181 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
5
Planning Commission Resolution No 2010 -XX
B.
C.
3
4.
5
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.
The business owners and 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.
Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
The project site shall be maintained and operated in full compliance with
the conditions of approval and all laws, or other applicable regulations.
6. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
7. To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodic review. If
non-compliance with conditions of approval occurs, the Planning
Commission may review the Conditional Use Permit. The Commission
may revoke or modify the Conditional Use Permit.
8. Property owner/applicant shall remove the public hearing notice board
within three (3) days of this project's approval.
9. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the Fire
Department.
FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, and Public Works Department) at
the established rates, prior to issuance of building permits, 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 Conditional Use Permit shall expire within two (2) years
from the date of approval if the use has not been exercised as defined per
6
Planning Commission Resolution No 2010 -XX
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., 2007 California
Building Code, California Plumbing Code, California Mechanical Code,
and California Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Application for which no permit is issued within 180 days following the
date of application shall expire by limitation, and plans and other data
submitted for review may thereafter be returned to the applicant or
destroyed by the Building Department.
3. Every permit issued by the Building Department shall expire if the building
or work authorized by such permit is not commenced within 180 days from
the date of such permit.
4. Construction activities causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or demolition work shall be
conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m.
5. The minimum design load for wind in this area is 85 M.P.H. exposures "C"
and the site is within seismic category (D). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
6. This Business shall be classified as a (B) occupancy with less than
10 occupants and is required to have at least one unisex bathroom.
7. The plans submitted must reflect the proposed construction and be wet ink
signed by the design professional under whose supervision the
documents were prepared.
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.
9. This project shall comply with the energy conservation requirements of the
State of California Energy Commission.
7
Planning Commission Resolution No 2010 -XX
10. Specify location of tempered glass as required by code.
11. Verify adequate exit requirements. The distance between required exits
shall be'/2 of the building diagonal.
12. 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.
13. 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.
END
8
Planning Commission Resolution No 2010 -XX
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NOTICE OF PUB .IC. MEtPl4C- .
AND AFFIDAVIT OV POSTING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
I, Stella Marquez, declare as follows:
I am employed by the City of Diamond Bar. On June 18, 2010, the Diamond Bar
Planning Commission will hold a Regular Meeting at 7:00 p.m., at the South Coast Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
California.
South Coast Quality Management
District Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Diamond Bar Library
1061 Grand Avenue
Diamond Bar, CA
Heritage Park
2900 Brea Canyon Road
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 18, 2010, at Diamond Bar, California.
Stella Marquez
Community Development Department
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CITY OF DIAMOND BAR
I, Stella Marquez, declare as follows:
I am employed by the City of Diamond Bar. On June 18, 2010, the Diamond Bar Planning Commission will hold a Regular Meeting at
7:00 p.m., at the South Coast Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
California.
South Coast Quality Management District Auditorium
21865 East Copley Drive Diamond Bar, CA 91765
Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA
Heritage Park
2900 Brea Canyon Road Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct. Executed on June 18, 2010, at Diamond Bar, California.
Stella Marquez
Community Development Department
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PLANNING
COMMISSION
AGENDA
FILE COPY
JUNE 22, 2010
7:00 P.M.
South Coast Air Quality Management District
Government Center Building — Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
Chairman Tony Tomg
Vice Chairman Kathleen Nolan Commissioner Kwang Ho Lee
Commissioner Steve Nelson
Commissioner 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 II 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.
ID FIItOdi !Tr]
:21^-"Lj/r7:;,°
41.14.':•1
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: infoaci. diamond -ba rca. us
Next Resolution No. 2010-19 CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, June 22, 2010
AGENDA CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman Kathleen Nolan, Kwang Ho Lee, Steve
Nelson, Jack Shah
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to 'address the members of the Planning Commission on any item that is within
their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non-agenda items. Please complete a
Speaker's Card for the recording- Secretary (completion of this form is voluntary).. There is a five-minute maximum time limit when
addressing the Planning Commission.
********
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar
items may be removed from the agenda by request of the Commission only:
4.1 Minutes of Regular Meeting: May 25, 2010.
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Development Review and Minor Conditional Use Permit No. PL 2010-108 — Under the authority of Diamond Bar Municipal Code
Section 22.48.040 and 22.56.040, the applicant, David Viera, is requesting approval of a Development Review of an addition to the
side of the house, and a Minor Conditional Use Permit to allow the continuation of an existing 13'-4" rear setback (25' is required).
The lot is zoned Low Density Residential (RL) with a consistent underlying General Plan Land Use designation of Low Density
Residential (RL).
Project Address: 24033 Highcrest Drive
JUNE 22, 2010 PAGE 2 PLANNING COMMISSION AGENDA
Property Owner: Karen Camaj
24033 Highcrest Drive Diamond Bar, CA 91765
Applicant: David Viera
Viera Design & Construction 127 W. Badillo Street
Covina, CA 91723
Environmental Determination: This project has been reviewed for compliance with the California environmental Quality Act (CEQA).
Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to
the provisions of Article 19 under Section 153019e) (addition to an existing structure of less than 10,000 square feet) of the CEQA
guidelines. No further environmental review is required.
Recommendation: Staff recommends that the Planning Commission approve Development Review and Minor Conditional Use Permit
No. PL 2010-108, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution.
7.2 Conditional Use Permit No. PL 2010-181 — Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant has
submitted a request to relocate a music school under the business name "The Music Store." The proposed music school will provide
music lessons to children and adults. The proposed hours of operation are from 12:00 p.m. to 9:00 p.m. Monday through Thursday,
12:00 p.m. to 8:00 p.m. on Friday, and 10:00 a.m. to 6:00 p.m. on Saturday.
Project Address: 785 Pinefalls Avenue
Property Owner:
Applicant:
Sam Sakurai
787 Pinefalls Avenue Diamond Bar, CA 91789
Gene Iacono
The Music Store
20875 Golden Springs Drive Diamond Bar, CA 91789
Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA).
Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to
the provisions of article 19 under Section 15301(a) (Interior alterations involving interior partitions and
JUNE 22, 2010 PAGE 3 PLANNING COMMISSION AGENDA
electrical conveyances) of the CEQA Guidelines. No further environmental reviews is required.
Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. PL 2010-181, based on the
Findings of Fact, and subject to the conditions of approval as listed within the draft resolution.
8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
9. STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects:
10. SCHEDULE OF FUTURE EVENTS:
4TH OF JULY BLAST Sunday, July 4, 2010 — 5:00 p.m. Fireworks begin at 9:00 p.m. Diamond Bar High School
21400 Pathfinder Road
4th OF JULY HOLIDAY:
CITY COUNCIL MEETING:
*CONCERTS IN THE PARK:
Monday, July 5, 2010
City offices will be closed in observance of the holiday. City offices will re-open on Tuesday, July 6, 2010, at 7:30 a.m.
Tuesday, July 6, 2010 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive
Wednesdays - July 7, 2010, through August 18, 2010, 6:30 p.m. — 8:00 p.m. Sycamore Canyon Park
22930 Golden Springs Drive
July 7, 2010 - "The Answer" (Classic Rock)
*MOVIES UNDER THE STARS: Immediately following Concerts in the Park.
July 7, 2010 — "Planet 51"
TRAFFIC AND TRANSPORTATION Thursday, July 8, 2010 - 7:00 p.m.
COMMISSION MEETING: Government Center/ SCAQMD
Hearing Board Room, 21865 Copley Drive
JUNE 22, 2010 PAGE 4 PLANNING COMMISSION AGENDA
PLANNING COMMISSION MEETING:
PARKS AND RECREATION COMMISSION MEETING:
11. ADJOURNMENT:
Tuesday July 13, 2010— 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive
Thursday, July 22, 2010
Government Center/ SCAQMD
Hearing Board Room, 21865 Copley Drive
PLANNING COMMISSION
AGENDA REPORT
21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com
PROPERTY OWNER:
APPLICANT:
7.1
June 22, 2010
Development Review and Minor Conditional Use Permit No. PL 2010-108
24033 Highcrest Drive, Diamond Bar, CA 91765 (APN 8701-017-004)
To construct a 495 square -foot family room addition and 219 square -foot -patio- to -the side of an existing 3,284 square -foot home,
zoned Low Density Residential (RL) with a consistent underlying General Plan Land Use designation of Low Density Residential (RL).
A Minor Conditional Use Permit is requested to allow the continuation of an existing 13'-4" rear setback (20' setback is required).
Karen Camaj
24033 Highcrest Drive Diamond Bar, CA 91765
David Viera
Viera Design & Construction 127W. Badillo Street Suite C Covina, CA 91723
AGENDA ITEM NUMBER: MEETING DATE: CASE/FILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
STAFF RECOMMENDATION: Approve subject to conditions
BACKGROUND:
The property was developed in 1988 under Los Angeles County standards with a 3,284 square -foot, two-story single family
residence on a 19,166 net square -foot (0.44 acre) lot.
The site is legally described as Lot 2 of Tract No. 31941, and the Assessor's Parcel Number (APN) is 8701-017-004.
Site and Surrounding General Plan, Zoning and Uses
Site General Plan Land Use
Designation Zoning District Single Family Residential
Low Density RL
Residential
North Low Density RL Single Family Residential
Residential
South Low Density RL Single Family Residential
Residential
East Low Density RL Single Family Residential
Residential
West Low Density RL Single Family Residential
Residential
ANALYSIS:
Review Authority (Diamond Bar Municipal (DBMC) Code Sections 22.48 and 22.56)
An addition that results in a substantial change to the appearance of an existing residence requires Planning Commission approval
of a Development Review (DR) application.
DR & MCUP No. PL 2010-108 Page 2 of 6
Changes to an existing nonconforming structure require the approval of a Minor Conditional Use Permit (MCUP) by the hearing
officer. Because the DR application requires Planning Commission approval, the Planning Commission is reviewing the MCUP.
Approval of a DR and a MCUP is required to ensure compliance with the City's general plan policies, development standards, and
design guidelines to minimize adverse effects of the proposed project upon the surrounding properties and the City in general.
Project Description
The applicant requests approval to construct an addition to an existing single family residence. The new addition will result in a
renovation of the front exterior of the residence, and consists of the addition of a 495 square -foot family room and 219 square -foot
patio cover on the first floor.
Single family residential homes in Low Density Residential (RL) zones are required to have rear setback of twenty (20) feet from the
rear property line or the edge of the buildable pad on a descending slope. The existing building is nonconforming due to an existing
rear setback of 13'-4" from the edge of the buildable pad on a descending slope.
Development Review
The following table compares the proposed project with the City's development standards for residential development in the RL
Zone.
*Minor Conditional Use Permit is requested to allow the continuation of a nonconforming structure.
Yes
14'-3"— southwest
side
64' — northeast side
5 feet on one side and
10 feet on the other
side.
14'-3"— southwest side
94' — northeast side
24 feet
Yes
15 feet
37— southwest side 109' — northeast side
37— southwest side 77' — northeast side
Yes
20 feet from buildable
pad on a descending
slope
13'-4"
13'-4"
No*
Maximum of 40%
10.59%
14.32%
Yes
35 feet
3 -car garage
3 -car garage
Yes
20 feet
24 feet
24 feet
24 feet
Yes
66.54%
66.54%
Yes
DR & MCUP No. PL 2010-108 Page 3 of 6
Site and Grading Configuration: The site is level with the street and no grading is required.
Elevations: The architecture of the existing single-family residence is a 1980s tract design, which contains the following features:
concrete roof tiles, stucco walls, brick details, and sculpted grid windows in the front of the house. The proposed new addition will
maintain the existing architectural style of the existing residence except the brick detailing will be removed and a new decorative
window trim will be added to all existing and proposed windows. The dwelling will continue to be consistent with the surrounding
architecture of the neighborhood.
Landscaping: Landscaping plans are not required because the site is already developed, and because the project is exempt from the
City's Water Conservation Landscaping Ordinance. The ordinance would only apply if 2,500 square feet or more of the existing
landscaped area was being altered. However, landscaping that is damaged during construction will need to be restored upon project
completion.
Minor Conditional Use Permit
A MCUP is required because of an existing nonconforming rear setback. Current development standards require a rear setback of 20
feet to the rear property line or edge of the buildable pad on a descending slope. Currently, the rear setback is 13'4" to the edge of
the buildable pad.
The City encourages homeowners to make appropriate improvements to their properties, even if the existing improvements do not
fully conform to current development standards. Therefore, the City has established the MCUP process for such additions, subject to
the findings set forth in the Development Code.
Staff believes that approving the MCUP as described above is appropriate and compatible with other residences in the
neighborhood, based on the following facts and observations:
• The existing dwelling was built in 1988, prior to the incorporation of the City of Diamond Bar;
• The proposed addition will maintain the existing nonconforming rear setback of 13'-4"; and
• By maintaining the existing nonconforming setback, the proposed project is consistent with other homes within the
neighborhood.
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 addition is compatible with the existing residence and surrounding community.
DR & MCUP No. PL 2010-108 Page 4 of 6
The proposed project is designed to be compatible and complementary to the neighborhood, and incorporates the principles of the
City's Residential Design Guidelines as follows:
• The proposed addition will maintain the existing nonconforming setback, which is consistent with other homes in the
neighborhood, and will not further encroach into the existing setbacks;
• The addition will be visually integrated to the existing home by using matching colors, building materials and roof type
and pitch;
• All new windows will match the existing windows on the home; and
• Because square footage is being added to the first floor only, design issues associated with mass, scale and bulk are
largely avoided.
Adjacent Home to the Left Project Site Adjacent Home to the Right
Additional Review
The Public Works Department and Building and Safety Division reviewed this project and included their comments in the resolution
as conditions of approval.
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 June 11, 2010. A notice display board was
posted at the site, and a copy of the legal notice was posted at the City's designated community posting sites.
ENVIRONMENTAL ASSESSMENT:
This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the
City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19
under Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA guidelines. No further
environmental review is required.
DR & MCUP No. PL 2010-108 Page 5 of 5
RECOMMENDATION:
Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) approving Development Review and
Minor Conditional Use Permit No. PL 2010-108 based on the findings in DBMC Section 22.48 and Section 22.56, subject to
conditions of approval within the draft resolution.
Prepared by: Reviewed by:
Natalie Tobon Planning Technician
Attachments:
1. Draft Resolution of Approval
2. Site Plan, Floor Plans, and Elevations
DR & MCUP No. PL 2010-108 Page 6 of 6
Attachment 1
PLANNING COMMISSION RESOLUTION NO. 2010-XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW AND MINOR CONDITIONAL USE PERMIT NO. PL 2010-108 TO CONSTRUCT A 495 SQUARE-FOOT ROOM ADDITION AT
THE SIDE OF THE HOME AND TO ALLOW THE CONTINUATION OF AN EXISTING NONCONFORMING REAR SETBACK OF 13-FEET, 4-
INCHES (20 FEET IS REQUIRED) LOCATED AT 24033 HIGHCREST DRIVE, DIAMOND BAR, CA 91765 (APN 8701-017-004).
A. RECITALS
1. The property owner, Karen Camaj, and applicant, David Viera, have filed an application for Development Review and
Minor Conditional Use Permit No. PL 2010-108 to construct a 495 square-foot room addition and 219 square- foot patio cover at the
side of the home, and to allow the continuation of an existing nonconforming rear setback of 13-feet, 4-inches (20-feet is required)
located at 24033 Highcrest Drive, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this resolution, the subject
Development Review and Minor Conditional Use Permit shall collectively be referred to as the "Project."
2. The subject property is made up of one parcel totaling 0.44 acres. It is located in the Low Density Residential (RL) zone
and is consistent with the Low Density Residential land use category of the General Plan.
3. The legal description of the subject property is Tract 31941 Lot 2. The Assessor's Parcel Number is 8701-017-004.
4. On June 11, 2010, notification of the public hearing for this project was published in the San Gabriel Valley Tribune and
the Inland Valley Daily Bulletin newspapers. Public hearing notices were mailed to property owners within a 500-foot radius of the
Project site and public notices were posted at the City's designated community posting sites on June 12, 2010. In addition to the
published and mailed notices, the project site was posted with a display board and the notice was posted at three other locations
within the project vicinity.
5. On June 22, 2010, 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 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 15301 (e) (addition to an existing structure of
less than 10,000 square feet) of the CEQA Guidelines. Therefore, no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Sections 22.48
and 22.56, this Planning Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
1. 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 proposed 495 square -foot addition and 219 square -foot patio cover is consistent with the City's
General Plan, City Design Guidelines and development standards by meeting all of the setbacks except the rear setback and
maintaining the existing height by adding on the addition to the first level of the home. The rear setback will maintain the existing
original nonconforming rear setback, and will not further encroach into the nonconforming setbacks.
The project site is not part of any theme area, specific plan, community plan, boulevard or planned development.
2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing
or future developments, and will not create traffic or pedestrian hazards;
The proposed addition will not interfere with the use and enjoyment of neighboring existing or future developments because the
use of the project site is for a single family residential home and the surrounding uses are also for single family residential homes.
The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of
a single family residential home because it is a continuation of an existing use.
3. 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
2
Planning Commission Resolution No. 2010 -XX
Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan;
The existing architectural design of the home is 1980's tract. The proposed addition will match the roof type, pitch, colors and
building materials. The addition will be integrated with the existing house by utilizing matching colors and materials as prescribed in
the City Design Guidelines. There is no specific plan for this area.
4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well
as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing;
The design of the addition will provide a desirable environment by enhancing the aesthetic look of the home by adding window trim
details to all windows on the house. The addition provides window trims that are similar to the styles used in the surrounding
neighborhood. The neutral building colors will remain the same.
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; and
Before the issuance of any City permits, the proposed Project is required to comply with all conditions within the approved
resolution and the Building and Safety Division 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.
6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act
(CEQA).
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth
under Article 19
Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines.
Minor Conditional Use Permit Findings (DBMC Section 22.56.040)
1. The proposed use is allowed within the subject zoning district with the approval of a Minor Conditional Use Permit and complies
with all other applicable provisions of this Development Code and the Municipal Code;
The existing single-family dwelling is a permitted use in the RL zone. The substandard rear setback of the building renders the
project nonconforming. The addition of a nonconforming structure requires approval of a Minor
3
Planning Commission Resolution No. 2010 -XX
Conditional Use Permit. The proposed addition of a 495 square -foot family room and 219 square -foot patio cover complies with the
development standards of the RL zone.
2. The proposed use is consistent with the general plan and any applicable specific plan;
The proposed addition to a single-family dwelling unit is consistent with the City's adopted General Plan. The site is not subject to
the provisions of any specific plan.
3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future
land uses in the vicinity;
The existing single-family dwelling and the proposed addition of a 495 square -foot family room and 219 square -foot patio cover is
consistent with the development standards for the site and the surrounding neighborhood. The design of the existing single-family
dwelling and the proposed addition are compatible with the neighborhood through the use of similar architectural features.
4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision
of utilities, compatibility with adjoining land uses, and the absence of physical constraints;
The subject site is physically suitable for the existing single-family residential dwelling and the proposed addition. The existing and
proposed use of land is consistent with the surrounding land uses. The proposed addition of floor area is consistent with the
development standards for the RL zone.
5. Granting the Minor Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience or
welfare, or materially injurious to persons, property or improvements in the vicinity and zoning district in which the property is
located; and
The granting of the Minor Conditional Use Permit will allow the addition of the existing single-family dwelling unit in a manner
similar with existing dwelling units located in the surrounding neighborhood. The proposed expansion of the dwelling unit will not
negatively impact the public interest, health, safety convenience or welfare.
6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act
(CEQA).
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth
under Article 19 Section 15301(e) (addition to an existing structure of less than 10,000 square feet) of the CEQA Guidelines.
4
Planning Commission Resolution No. 2010 -XX
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail to the property owner, Karen Camaj, 24033
Highcrest Drive, Diamond Bar, CA 91765; and the applicant, David Viera, 127 West Badillo Street, Suite C, Covina, CA 91723.
APPROVED AND ADOPTED THIS 22nd DAY OF JUNE 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Tony Torng, Chairman
I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly iritroduced, passed, and
ad -opted, at a regular meeting of the Planning Commission held on the 22nd day of June, 2010, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners: ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
5
Planning Commission Resolution No. 2010 -XX
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Minor Conditional Use Permit No. PL 201 0-1 08
SUBJECT: To construct a 495 square -foot family room addition and 219 square -foot patio cover to the side of an existing 3,284
single-family residence and a Minor Conditional Use Permit to allow the continuation of an existing nonconforming rear setback of
13'-4" (20 -feet is required).
PROPERTY Karen Carnal
OWNER(S): 24033 Highcrest Drive Diamond Bar, CA 91765
APPLICANT: David Viera
127 West Badillo Street, Suite C Covina, CA 91723
LOCATION: 24033 Hiqhcrest Drive, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL REQUIREMENTS
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 and Minor Conditional Use Permit No. PL 2010-108 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
Planning Commission Resolution No. 2010 -XX
(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 and Minor Conditional Use Permit No. PL 2010-108, 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 proje-ct shall obtain a Diamo-nd Barl3usiness
License; and -a zoning approval for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2010 -XX, Standard Conditions, and all environmental mitigations
shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading
activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Division review and approval.
6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be
completed.
7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other
applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City
Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, and roof plans, 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. The property owner/applicant shall remove the public hearing notice board within three days of this project's approval.
7
Planning Commission Resolution No. 2010 -XX
II. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works
Department, and the Fire Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works
Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes
first), as required by the City. School fees as required shall be paid 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.
C. TIME LIMITS
1. The approval of Development Review and Minor Conditional Use Permit No. PL 2010-108 expires within two years from the date
of approval if the use has not been exercised as defined per Municipal Code Section 22.66.050 (b)(1). The applicant may request in
writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval.
D. SITE DEVELOPMENT
1. 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 Attachment 2 including: site plans, floor
plans, and architectural elevations on file with the Planning Division, the conditions contained herein, and the Development Code
regulations.
2. All ground -mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of
public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to
the satisfaction of the Planning Division.
3. All roof -mounted equipment shall be screened from public view.
4. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner
with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant.
8
Planning Commission Resolution No. 2010 -XX
All landscaping, structures, architectural features and public improvements damaged during construction shall be repaired or
replaced upon project completion.
E. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or
implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to
construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized
by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and
industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits
from the City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses
affected by approval of this project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL
1. An erosion control and drainage Plan shall be submitted for review and approval. 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.
2. 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.
B. DRAINAGE
1. Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural
drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course.
9
Planning Commission Resolution No. 2010 -XX
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839- 7020, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code,
California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and
regulations in effect at the time of plan check submittal.
2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and
plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department.
3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not
commenced within 180 days from the date of such permit.
4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or
demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m.
5. The minimum design load for wind in this area is 85 M.P.H. exposures "C and the site is within seismic category (D). The
applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and
signature.
6. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All
lights shall be fluorescent or controlled by a manual-on/auto off, occupant sensor, or dimmer switch.
7 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.
8. 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.
9. The project shall be protected by a construction fence and shall comply with the NPDES and BMP requirements (sand
bags, etc.)
10
Planning Commission Resolution No. 2010 -XX
10. Check drainage patterns with Engineering Department. Surface water shall drain away from building at a 2% minimum
slope.
End
11
Planning Commission Resolution No 2010 -XX
7-1 rrl., R
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MAY 25, 2010
CALL TO ORDER:
Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center
Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: VC/Nolan led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack Shah, Vice Chairman Kathy Nolan, and Chairman Tony Torng.
Also present: Grace S._ Lee, Senior_ Planner; T. Linh Ho Assistant _City Attorney; David Alvarez, Assistant Planner; and
Stella Marquez, 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 May 11, 2010.
C/Shah moved, VC/Nolan seconded, to approve the Minutes of the Regular Meeting of May 11, 2010, as presented. Motion carried
by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Shah, VC/Nolan, Chairfrorng
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Nelson
ABSENT: COMMISSIONERS: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARINGS:
7.1 Development Review No. PL 2010-11 — Under the authority of Diamond Bar Municipal Code Section 22.48, the applicant
requested approval to construct a new single-family residence of 8,870 square feet on a 58,806
MAY 25, 2010 PAGE 2 PLANNING COMMISSION
square foot Rural Residential (RR) zoned parcel with a consistent underlying General Plan Land Use designation of RR.
PROJECT ADDRESS: Lot 55, Derringer Lane
(Tract 23483, APN 8713-034-029) Diamond Bar, CA 91765
PROPERTY OWNER: Sumermal & Rajkumari Vardhan 320 Woodruff
Walnut, CA 91789
APPLICANT: Pete Volbeda
180 N. Benson Avenue, Suite D Upland, CA 91786
AP/Alvarez presented staffs report and recommended Planning Commission approval of Development Review No. PL 2010-11, based
on the Findings of Fact, subject to the conditions of approval as listed within the resolution.
C/Shah asked if the site would be balanced using imported dirt and AP/Alvarez responded that the applicant would import 5,300
cubic yards to create a pad.
Chair/Torng asked if the retaining wall met the height requirement. AP/Alvarez responded that there are three retaining walls; the
two lower retaining walls are six feet high and the upper retaining wall is four feet high.
There were no ex parte disclosures. ChairfTorng opened the public hearing.
Pete Volbeda, Applicant, said he was pleased with staffs presentation. Although this site will have about 5,000 cubic yards of
imported dirt, the property owner also owns the lot to the north which has excess dirt which will be moved to the proposed site so
the two lots will be balanced.
C/Shah asked if any dirt would be exported and Mr. Volbeda reiterated that there will be no export because the dirt will be balanced
between the two lots.
Mr. Volbeda responded to Chair/Torng that he read staffs report and concurred with staffs recommendations.
'a AFT
MAY 25, 2010 PAGE 3 PLANNING COMMISSION
Chairiforng opened the public hearing.
With no one present to speak on this item, Chair/Torng closed the public hearing.
C/Lee moved, C/Shah seconded, to approve Development Review No. PL 2010-11, base on the Findings of Fact, subject to the
conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng
NOES: COMMISSIONERS: None
-7 ABSENT: COMMISSIONERS: None-
7.2 Development Review No. 2009-01 and Comprehensive Sign Program No. 2009-01 — Under the authority of Diamond Bar
Municipal Code Section 22.48 and 22.36.060, the applicant requested approval for a fagade remodel and Comprehensive Sign
Program for a 30,602 square foot existing commercial building on a 113,683 square foot (2.6 acre) Regional Commercial (C-3)
zoned parcel with a consistent underlying General Plan Land Use designation of General Commercial (C).
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
1241 Grand Avenue Diamond Bar, CA 91765
A&J Sunset Village, LLC 10508 Wyton Drive
Los Angeles, CA 90024
Jeda Designs
140 East Santa Clarita Unit #13 Arcadia, CA 91006
SP/Lee presented staffs report and recommended Planning Commission approval of Development Review No. 2009-01 and
Comprehensive Sign Program No. 2009-01, based on the Findings of Fact, subject to the conditions of approval as listed within the
Resolution.
C/Lee took exception with the proportion of the size of the building to the proposed height and wondered why staff would
recommend approval of such a design. SP/Lee responded that initially staff was concerned about the
41,
-.4)
kl
MAY 25, 2010
PAGE 4 PLANNING COMMISSION
appearance. Prior to three or four revisions, the original design was even more top heavy and staff suggested adding additional
moldings on the parapet in an attempt to appear less top heavy. The reason the property owner wants this design is to have the
higher tower to gain more visibility for the building due to the location behind the two-story building to the west.
• She suggested the applicant explain the reason for requesting the extra height of 10 feet. Staff tried as much as possible to
mitigate the extra height and work with the architect. C/Lee said he believed that visibility was important but so too was
appearance and if a building does not look good it might not serve its intended purpose of presenting a good impression. SP/Lee
responded that staff agrees.
C/Nelson asked how high the slope was leading to the residences on the east side in relationship to the increased-height of the
tower. SP/Lee said the building is definitely a lot lower than the residential buildings. C/Nelson said his point was that even after
increasing the height from 25 to 35 feet, those towers still remain below the level of the back yards so their views will not be
impeded and SP/Lee agreed.
There were no ex parte disclosures.
Susan Lamont, property manager, pointed out that the owner of the property is trying to work with tenants to improve the look of
the center, enhance the visibility to ensure more foot traffic, generate more business, more sales, as well as lower rents to keep
people in the center. C/Lee suggested the property owner utilize more parking spaces because the parking lot is always so
congested. Ms. Lamont said there is no space for parking at the rear of the buildings. One of the big problems is that other centers
are right up against this center and many people who work in the center park in the parking area. The owner tries to enforce the
parking but it is very difficult and the owner cannot afford to have an onsite guard. The space in the back is an alley and drainage
ditch and to try and open that area for parking would potentially cause a lot more problems.
Chair/Torng opened the public hearing.
With no one present who wished to speak on this item, ChairfTorng closed the public hearing.
C/Shah moved, C/Nelson seconded, to approve Development Review No. 2009-01 and Comprehensive Sign Program No. 2009-02,
based on the
71 DRAFT
MAY 25, 2010 PAGE 5 PLANNING COMMISSION
Findings of Fact, subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan, Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 One-Year Time Extension for Development Review 2007-06 — Under the authority of Diamond Bar Municipal Code Section
22.66.050, the applicant submitted a request for a one year extension of time to begin construction. The project was approved May
13, 2008, with a two (2) year timeframe to obtain building permits and begin construction.
PROJECT ADDRESS: 2502 Razzak Circle Diamond Bar, CA 91765
PROPERTY OWNER:
APPLICANT:
Wasif Siddique 11076 Venture Drive Mira Loma, CA 91752
Robert Larivee
Award Winning Design 3109 Center Drive Santa Ana, CA92704
SP/Lee presented staffs report and recommended Planning Commission approval of a one-year time extension for Development
Review 2007-06.
Chair/Torng opened the public hearing.
With no one present who wished to speak on this matter, Chairfforng closed the public hearing.
VC/Nolan moved, C/Shah seconded, to approve a one-year time extension for Development Review 2007-06. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah VC/Nolan, Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
/71\ DRAFT
MAY 25, 2010 PAGE 6 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Nelson said that he was forced to recuse himself from Site D deliberations presented at the last few meetings because the
company he works for performed work for the Site D applicant. He kept up with the minutes and thought the Commission did an
excellent job of listening to the public and separating fact from emotion and felt his colleagues should be proud of their decision
moving forward.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
SP/Lee referred the Commissioners to the list of pending projects in planning review and stated that at this-time, there are no items
scheduled for the June 8 meeting which may be canceled. SP/Lee stated that Site D Specific Plan is scheduled for Council discussion
on June 15 and possible action on July 20.
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
7:28 p.m.
The foregoing minutes are hereby approved this 22nd day of June, 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 NO. MEETING DATE:
CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST:
PROPERTY OWNER:
APPLICANT:
STAFF RECOMMENDATION:
7.2
June 22, 2010
Conditional Use Permit PL2010-181
785 Pinefalls Avenue (APN 8760-027-010)
To establish a music school consisting of music lessons to children and adults, with ancillary retail sales. The subject property is
zoned I (Light Industrial) with an underlying General Plan designation of Light Industrial. Approval of a Conditional Use Permit is
required to operate a music school.
Sam Sakurai
787 Pinefalls Avenue Diamond Bar, CA 91789
Gene Iacono
The Music Store
20875 Golden Springs Dr. Diamond Bar, CA 91789
Approve subject to conditions.
BACKGROUND:
For the past 31 years, The Music Store has been located at 20875 Golden Springs Drive. The owner will be vacating the current
location at the end of June 2010, and is looking to move to the proposed location in Diamond Bar to continue serving the local
community.
Site and Surrounding General Plan, Zoning and Land Uses
The project site is located in an industrial park at the corner of Pinefalls Avenue and Lycoming Drive. The industrial park is
comprised of 15 buildings and 18 parcels, and each building occupies its own lot. The parking areas span across the lots lines, as
shown in the aerial photo below.
General Plan Zoning District Land Use
Designation
Site Light Industrial I Warehouse, Wholesale and
Distribution
North Light Industrial I Dance Studio, Warehouse
Low -Medium Density
South RLM Single -Family Residential
Residential
II East Light Industrial I Auto Repair, Warehouse
West Light Industrial I I Manufacturing
CD: Staff Reports PC/Pinefails 785 PC Staff Report 06/22/2010 docx
Page 2 of 7
Project Location
Legend
Light Industrial
RLM
ANALYSIS:
Review Authority (DBMC Sections 22.58 and 22.10.030 -Table 2-6)
A Conditional Use Permit (CUP) is required for uses whose effect on the surrounding area cannot be determined before being
analyzed for suitability at a particular location. The I (Light Industrial) zone requires approval of a CUP for schools offering
specialized education and training.
When reviewing a CUP, consideration is given to the location, design, configuration, operational characteristics and potential
impacts to determine whether or not the proposed use will pose a detriment to the public health, safety and welfare. If it can be
found that the proposed use is likely to be compatible with its surroundings, the Commission may approve the proposed use subject
to conditions stipulating the manner in which the use must be conducted. If the Commission finds that the proposed use is likely to
be detrimental to the public health, safety, and general welfare, then it must deny the request.
When a CUP is approved, it runs with the land and all conditions placed on the CUP are binding on all successors in interest. In
other words, if the owners of the proposed music school were to close the school after it has begun operating, a new tenant could
locate in the space and operate the same type of school. The new tenant would be required to comply with the same conditions as
the previous tenant and would not be permitted to expand the school without full review and approval by the Planning Commission.
Page 3 of 7 CD: Staff Reports PC/Pinefails 785 PC Staff Report 06/22/2010 docx
Project Description
The proposed project (The Music Store) is the relocation of a music school that provides one-on-one music lessons to children and
adults. The types of classes include piano, voice and vocals, violin, viola, cello, bass, flute, piccolo, clarinet, saxophone, trumpet,
trombone, baritone, tuba, guitar, electric bass, and drums. Classes for other types of instruments are added if requested, or if they
are a popular trend. Ancillary retail sales are being proposed for the sale of sheet music, books, small instruments and accessories.
The proposed hours of operation are Monday through Thursday from 12:00 p.m. to 9:00 p.m., Friday from 12:00 p.m. to 8:00 p.m.,
Saturday from 10:00 a.m. to 6:00 p.m., and closed on Sundays. The duration of classes is half an hour.
The proposed floor plan includes six individual classrooms — a library and accessory room for the sales of books, sheet music, small
instruments, and accessories; an instrument repair room; a waiting area for parents; and a 576 square -foot recital and performance
area. The proposed space is 1,876 square feet.
The school expects to have a maximum of six students and six teachers at any one time, and one to two administration staff.
Currently, there are a total of 155 students enrolled in the school, ranging in age of seven to adult. Parents are required to wait for
their children while the music lessons are in session.
Compatibility with Neighborhood
The proposed music school is compatible with various types of business in the area, such as Dello's Dance Studio located in the
industrial park and Discovery World Montessori preschool and elementary school located at the corner of Brea Canyon Road and
Lycoming Drive. The site is also bordered by single-family residential to the south. Given the proposed hours of operation, the
availability of parking, and the types of adjoining uses, it is expected that the music school would be a compatible use at this
location.
Parking and Circulation
The lot has a parking area in the front and the rear of the building, with a total of 18 spaces. The amount of parking spaces
required for the existing and proposed uses are 26 spaces — 2 are required for the clothing exporting company, 4 are required for
the construction company and 20 are required for The Music Store. Therefore, unless the staggered business hours of the tenants
— and the shared parking opportunities resulting from those staggered hours are factored in — there is a mathematical deficiency
of 8 spaces.
Page 4 of 7 CD. Staff Reports PC/Pinefails 785 PC Staff Report 06/22/2010.docx
Parking Requirements
Land Use Type Size Parking Ratio Parking Parking
Wholesale and Required Provided
Distribution 1,876 1/1,000 square -feet 2
Construction
Warehouse 3,752 1/1,000 square -feet 4
Proposed Music 1/150 square -feet and
School 1,876 1 space for each 20
employee
Total 7,504 26 18
The business hours for The Music Store are from 12:00 p.m. to 9:00 p.m. Monday through Thursday, 12:00 p.m. to 8:00 p.m. on
Friday, and 10:00 a.m. to 6:00 p.m. on Saturday. The business hours for the other two businesses are 8:00 a.m. to 5:00 p.m.
Monday through Friday. The business hours of The Music Store and the other businesses overlap on Monday through Friday
between 12:00 p.m. and 5:00 p.m.
One of the purposes of the Conditional Use Permit process is to consider potential impacts the proposed use may have on parking
on the property. When reviewing parking impacts on properties with shared uses, the various uses and business hours for those
uses are taken into consideration. Diamond Bar Municipal Code Section 22.30.050, states that when "two or more nonresidential
uses are developed as a recognized shopping or professional center and two or more uses have distinct and differing peak parking
usage periods, (e.g., a theater and a bank), a reduction in the required number of parking spaces may be allowed through the
approval of a parking permit, provided that the most remote spaces is located within 300 feet of the use it is intended to serve... A
shared parking analysis may be required by the director to support a request for a parking reduction." Staff surveyed the site during
various hours that the proposed music school and the other two tenants would be in use. This is a conservative approach to
analyzing the parking impacts because it is not clear whether there is reciprocal parking among the parcels in the industrial park.
Staff has not been able to verify this because the industrial park was developed prior to the incorporation of the City, under Los
Angeles County standards.
Page 5 of 7 CD. Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/2010 docx
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 15301(a) (interior alterations involving interior
partitions and electrical conveyances) of the CEQA Guidelines. Therefore, no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under Diamond Bar Municipal Code (DBMC) Section 22.58,
this Planning Commission hereby finds as follows:
Conditional Use Permit Review Findings (DBMC Section 22.58)
1. The proposed use is allowed within the subject zoning district with the approval of a conditional use permit and complies
with all other applicable provisions of this Development Code and the Municipal Code;
Pursuant to DBMC Section 22.10.030, Table 2-6, a specialized education and training school is permitted in the I zoning district with
approval of a conditional use permit. Through compliance with the conditions of approval stipulating the manner in which the use
must be conducted, the proposed use will be compatible with neighboring uses in the industrial park.
2. The proposed use is consistent with the general plan and any applicable specific plan;
The Proposed Use is compatible with the surrounding neighborhood and consistent with General Plan Strategy 1.3.3: "Encourage
neighborhood serving retail and service commercial uses". The subject property is not located within a specific plan area.
3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future
land uses in the vicinity;
The Proposed Use is located within a multi -tenant industrial park occupied by various warehouse, construction, and service uses
including a dance school. The proposed music school will be compatible with uses in close proximity such as the dance school
located in the same industrial park and the preschool and elementary school located in close proximity.
4. The subject site is physically suitable for the type and density/intensity of use being proposed, including access, provision
of utilities, compatibility with adjoining land uses, and the absence of physical constraints;
The project site is located within an industrial park that currently has another education use, a dance school. The proposed use is
compatible
2
Planning Commission Resolution No. 2010 -XX
with other uses in the surrounding areas such as a preschool and elementary school and a single-family residential zone to the
south. The required number of parking spaces at the subject site is deficient but a parking utilization study was conducted to show
that the number of parking spaces is adequate to accommodate the proposed music school.
5. 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; and
Prior to the issuance of any city permits, the proposed project is required to comply with all conditions of approval within the
attached resolution, and the Building and Safety Division.
6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act
(CEQA).
The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth
under Article 19 Section 15301(a) (interior alterations involving interior partitions and electrical conveyances) of the CEQA
Guidelines.
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 establishment is approved as a music school with ancillary retail sales as described in the application on file with the
Planning Division, the Planning Commission staff report for Conditional Use Permit PL2010-181 dated June 3, 2010, and the
Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The Use shall be limited to a music school and
accessory retail sales.
2. The Use shall substantially conform to the approved plans as submitted and approved by the Planning Commission and
on file with the Community Development Department.
3. This Conditional Use Permit shall be valid only for 785 Pinefalls Avenue, as depicted on the approved plans on file with
the Planning Division. If the Proposed Use moves to a different location or expands into additional tenant spaces, the approved
Conditional Use Permit shall terminate and a new Conditional Use Permit, subject to Planning Commission and/or City Council
approval shall be required for the new location. If the Use ceases to operate, the approved Conditional Use Permit shall expire
without further action by the City.
3
Planning Commission Resolution No 2010 -XX
4. The hours of operation shall be limited to 12:00 p.m. to 9:00 p.m. Monday through Thursday, 12:00 p.m. to 8:00 p.m. on
Friday, and 10:00 a.m. to 6:00 p.m. on Saturday.
5. Each class shall be limited to one-on-one instruction or one-to-one student to teacher ratio with a maximum of two
administrative staff at any one time.
6. No changes to the approved scope of services comprising the Use shall be permitted unless the applicant first applies for
an amendment to this CUP, pays all application processing fees and receives approval from the Planning Commission and/or City
Council.
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: Sam Sakurai, 787 Pinefalls Avenue, Diamond
Bar, CA 91789; and Gene Iacono, The Music Store, 20875 Golden Springs Drive, Diamond Bar, CA 91789.
APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2010, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Tony Torng, Chairman
I, Greg Gubrnan, 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
day of June 2010, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
ATTEST:
Greg Gubman, Secretary
4
Planning Commission Resolution No 2010 -XX
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. PL 201 0-1 81
SUBJECT: Music School with Ancillary Retail Sales APPLICANT: Gene Iacono (The Music Store)
LOCATION: 785 Pinefalls Avenue, Diamond Bar, CA 91789
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City,
and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of
Conditional Use Permit No. PL 2010-181 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 defendants. The City shall promptly notify the
applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within
twenty-one (21) days of approval of this Conditional Use Permit No. PL 2010-181 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
5
Planning Commission Resolution No 2010 -XX
approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees
for the review of submitted reports.
3. The business owners and 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. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be
completed.
5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other
applicable regulations.
6. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City
Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance.
7. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to
periodic review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use
Permit. The Commission may revoke or modify the Conditional Use Permit.
8. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval.
9. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works
Department, and the Fire Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, and Public
Works Department) at the established rates, prior to issuance of building permits, 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.
C. TIME LIMITS
1. The approval of Conditional Use Permit shall expire within two (2) years from the date of approval if the use has not been
exercised as defined per
6
Planning Commission Resolution No 2010 -XX
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:
1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California Plumbing Code,
California Mechanical Code, and California Electrical Code) requirements and all other applicable construction codes, ordinances and
regulations in effect at the time of plan check submittal.
2. Application for which no permit is issued within 180 days following the date of application shall expire by limitation, and
plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Department.
3. Every permit issued by the Building Department shall expire if the building or work authorized by such permit is not
commenced within 180 days from the date of such permit.
4. Construction activities causing the operation of any tools or equipment used in construction, drilling, repair, alteration, or
demolition work shall be conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m.
5. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and the site is within seismic category (D). The
applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and
signature.
6. This Business shall be classified as a (B) occupancy with less than 10 occupants and is required to have at least one
unisex bathroom.
7 The plans submitted must reflect the proposed construction and be wet ink signed by the design professional under whose
supervision the documents were prepared.
8. 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.
9. This project shall comply with the energy conservation requirements of the State of California Energy Commission.
7
Planning Commission Resolution No 2010 -XX
10. Specify location of tempered glass as required by code.
11. Verify adequate exit requirements. The distance between required exits shall be 1/2 of the building diagonal.
12. 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.
13. 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.
END
8
Planning Commission Resolution No 2010 -XX
Project Meeting Schedule CITY OF DIAMOND BAR
June 22, 2010 COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING COMMISSION REVIEW PROJECTS
Project Location Case # - PM Applicant- PC CC PC I CC PC Cb-
6122110 I 7/27/10 i 8/3/10
7/6/10 7/13110 I 7/20/10
NT Vlore Designs & Construction PH
24033 Highcrest Dr. DR/MCUP NT Owner: Karen Carnaj PH
(Residential addition and setback) PL 2010-108 Gene Iacono
785 Pinefalls Avenue CUP PL 2010-181
(The Music School — relocation)
ADMINISTRATIVE REVIEWS
Project Location . Casale " •. pm • Applicant
.7 i. ::;;:f
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PENDING PROJECTS 1
Project Location ase .,APplicant
2488 Alamo Heights DR No. PL 2009-96 DA :Al Hanson
"v!:1;10:1!
(New single family residence)
additional
22111 Birds Eye DR PL 2010-180 DA
additional
(Room addition)
667-727 Brea Canyon Rd. CSP PL2010-57 DA Gary Underwood
in::t)ii:l:l(.?:(,
(Comprehensive Sign Program for Shea
additional
Center)
S:a!us
.l;:p i::n: on — waiting for
rp:Z!!:: Opp; ;:on — waiting for
GI
iipp:icii!:an — waiting for
22819 Canyon View Rd. DR No. PL 2010-10 GL Jerry Yeh 011.N:0i:10u:0
(Room addition) appl.:;;;Lon — waiting for additional
2366 Clear Creek DR No. PL 2010-90 NT Pete Volbeda CI 1:::.:)::.F;1010
(Room addition) ;:f.;i^:::::Lon — waiting for additional
1524 Derringer Ln. DR PL2010-191 Fares Ennabe --- !;;;.! , -Fr — ,-.un —
waiting for additional
(New single family residence)
2127 Derringer Lane TM PL 2010-128 GL Tritech Associates, Inc.
Ai:phi: i:in — waiting for additional
(Two Lot Subdivision)
1200 Diamond Bar Blvd. CUP PL 2009-63 DA
additional
(Cellular Site)
LEGEND PH = PUBLIC HEARING
X = NON PUBLIC HEARING PM = PROJECT MANAGER
PC = PLANNING COMMISSION AR = ADMINISTRATIVE REVIEW CC = CITY COUNCIL
Project Meeting Schedule CITY OF DIAMOND BAR Page 2
June 22, 2010 COMMUNITY DEVELOPMENT DEPARTMENT
PENDING PROJECTS (continued)
Project Location Case # PM- Applicant , Status
2705 Diamond Bar Blvd. DR PL 2010-163 GL
(New Office Building)
DA Derrick Dinsmore _
20409 Flintgate DR 2009-03
(New single family residence) MCUP 2009-05
23499 Golden Springs CUP PL 2010-202 DA
(Massage)
23525 Palomino Dr. CSP 2008-01
waiting for additional
(Sign program)
21400 Pathfinder Rd. CUP 2009-09
application — waiting for additional
(Cellular site)
344 Rock River DR 2009-07 DA
additional
(Room addition)
GL
i.;C::O
pp..:..:::::n — waiting for
Country Hills DB, LLC Application routed and in review
Applicant notified of incomplete application — waiting for additional
information
Application routed and in review
Nancy K. Parker Applicant notified of incomplete application —
information
DA Lior Avraham/Clearwire, LLC Applicant notified of incomplete
information
Jonathan Ellis Applicant notified of incomplete application — waiting for
information
2845 Shadow Canyon DR 2009-05
waiting for additional
(New single family residence)
2506 Steeplechase DR PL 2010-92
waiting for additional
(Room addition)
3131 Steeplechase DR PL 2009-71
additional
(New single family residence)
m
NT Xin Ji (Grace) Applicant notified of incomplete application —
S information
Rashed Mohammadi Applicant notified of incomplete application —
information
NT An -Chi Lee Applicant notified of incomplete application — waiting for
Walnut Valley Water District CUP PL 2010-155 NT
waiting for additional
(Cellular Site)
information
Monica Moretta Applicant notified of incomplete application —
information
PLANNING FILE COP
F"MCNIM
JUNE 227 2010
7-200 P.M.
South Coast Air Quality Management District
Government Center Building — Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Tony Torng
Kathleen Nolan
Kwang Ho Lee
Steve Nelson
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.
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 nfDiamond Bar
p!2OO'Dg [ODlDl'SS'On
The Ol88tDgs of the Diamond Bar P1@OOiDg CODlDOisGioxl are Op8O to the public. A Dl8Dlb8r of the
public may address the Commission ODthe subject Ofone ormore agenda items and/or other items Of
which are within the SUhie[t matter jurisdiction of the Oi@DOODd Ba[ Planning Commission. A request
toaddress the Commission should besubmitted iDwriting 8dthe public hearing, bJthe Secretary Ofthe
COnOnnisSiOO.
As 8 general nJ|e, the opportunity for public CODlOOeDtS NjU place DC� 8t the discretion of the Chair.
However, order iO facilitate the meeting, ` [8ODG who are interested parties for an item may be
requested togive their presentation at the time the JterDiacalled DDthe 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 COOlDOiaSiOO.
|OdiVidU8|S are requested to conduct themselves in a professional and businesslike OlaOOa[
Comments and qUBSU0lS are VV8|COOOe SO that GU points Of View are c0DGid8[8d phO[ to the
Commission making recommendations to the staff and City Council.
In accordance with State Law (Brown Act).all matters tob8acted oOby the Commission must be
posted at |8@ot 72 hours prior to the Commission meeting. In case of emergency or when a SUhieCt
matter ghs8S aUbSeqUROt 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. Agendasavailable 72hours prior tothe meeting atCity
Hall and the public library, and may beaccessed b«personal computer 8tthe number below.
Every meeting of the Planning Commission is recorded on n8SS8tby tapes and duplicate tapes are
available for a nominal charge.
ADA REQUIREMENTS
Acordhess microphone is available for those persons with mobility impairments who cannot access the
public speaking area. The -service of the cordless nniC[oDhODe and sign language interpreter services
are aVoU@b|e by giving notice at least three bUSiDeSS days in advance Of the meeting. Please
telephone (909) 859-7030 UetNKe8O 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:3O3.[n.
Copies of Agenda, Rules of the Com0ission.C8 � ��G�M��s����(�
{SenerojAgendas (SOS)838-7O3O '
email:
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, June 22, 2010
Uffic"1011
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
Next Resolution No. 2010-19
1. ROLL CALL: COMMISSIONERS: Chairman Tony Torng, Vice -Chairman
Kathleen Nolan, Kwang Ho Lee, Steve Nelson, 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
-Speak.e.r-..s--Card--.-for---the--recordinq--Secreta -a--(completion-of-this.--form-is-voluntar-v-)-,----
There is a five-minute maximum time limit when addressing the Planning Commission.
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are
approved by a single motion. Consent calendar items may be removed from the
agenda by request of the Commission only:
4.1 Minutes of Regular Meeting: May 25, 2010.
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
7. PUBLIC HEARING(S):
7.1 Develoornent Review and Minor Conditional Use Permit No. PL 2010-108 -
Under the authority of Diamond Bar Municipal Code Section 22.48.040 and
22.56.040, the applicant, David Viera, is requesting approval of a Development
Review of an addition to the side of the house, and a Minor Conditional Use
Permit to allow the continuation of an existing 13'-4." rear setback (25' is
required). The lot is zoned Low Density Residential (RL) with a consistent
underlying General Plan Land Use designation of Low Density Residential (RL).
Project Address: 24033 Highcrest Drive
JUNE 22, 2010
Property Owner: Karen Camaj
24033 Hiqhcrest Drive
Diamond Bar, CA 91765
Applicant: David Viera
Viera Design & Construction
127 W. Badillo Street
Covina, CA 91723
Environmental Determination: This project has been reviewed for
compliance with the California environmental Quality Act (CEQA). Based on
that assessment, the City has determined the project to be Categorically
Exempt from the provisions of CEQA pursuant to the provisions of Article 19
under Section 153019e) (addition to an existing structure of less than 10,000
square feet) of the CEQA guidelines. No further environmental review is
required.
Recommendation: Staff recommends that the Planning Commission approve
Development Review and Minor Conditional Use Permit No. PL 2010-108,
based on the Findings of Fact, and subject to the conditions of approval as
listed within the draft resolution.
7.2 Conditional Use Permit No. PL 2010-181 — Under the authority of Diamond
Bar Municipal Code Section 22.58, the applicant has submitted a request to
relocate a music school under the business name "The Music Store." The
proposed music school will provide music lessons to children and adults. The
proposed hours of operation are from 12:00 p.m. to 9:00 p.m. Monday through
Thursday, 12:00 p.m. to 8:00 p.m. on Friday, and 10:00 a.m. to 6:00 p.m. on
Saturday.
Project Address: 785 Pinefalls Avenue
Property Owner: Sam Sakurai
787 Pinefalls Avenue
Diamond Bar, CA 91789
Applicant: Gene Iacono
The Music Store
20875 Golden Springs Drive
Diamond Bar, CA 91789
Environmental Determination: This project has been reviewed for
compliance with the California Environmental Quality Act (CEQA). Based on
that assessment, the City has determined the project to be Categorically
Exempt from the provisions of CEQA pursuant to the provisions of article 19
under Section 15301(a) (interior alterations involving interior, partitions and
JUNE 22, 2010
L3
a
W
PAGE 3 PLANNING COMMISSION AGENDA
electrical conveyances) of the CEQA Guidelines. No further environmental
reviews is required.
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit No. PL 2010-181, based on the Findings of Fact, and
subject to the conditions of approval as listed within the draft resolution.
PLANNING COMMISSION COMMENTS I INFORMATIONAL ITEMS:
STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects:
SCHEDULE OF FUTURE EVENTS:
4 OF JULY BLAST S-Uhd'by,-J-UIV4-,--20-10"-'5--.00 p.m.
Fireworks begin at 9:00 p.m:
Diamond Bar High School
21400 Pathfinder Road
4th OF JULY HOLIDAY:
CITY COUNCIL MEETING:
*CONCERTS IN THE PARK:
*MOVIES UNDER THE STARS:
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
Monday, July 5, 2010
City offices will be closed in observance
of the holiday. City offices will re -open
on Tuesday, July 6, 2010, at 7:30 a.m.
Tuesday, July 6, 2010 - 6:30 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
Wednesdays - July 7, 2010, through
August 18, 2010, 6:30 p.m. - 8:00 p.m.
Sycamore Canyon Park
22930 Golden Springs Drive
July 7, 2010 - "The Answer"
(Classic Rock)
Immediately following Concerts in the
Park.
July 7, 2010 - "Planet 51"
Thursday, July 8, 2010 - 7:00 p.m.
Government Center/ SCAQMD
Hearing Board Room, 21865 Copley Drive
JUNE 22, 2010 PAGE 4 PLANNING COMMISSION AGENDA
PLANNING COMMISSION
MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
Tuesday July 13, 2010 — 7:00 p.m.
Government Center/SCAQMD Auditorium
21865 Copley Drive
Thursday, July 22, 2010
Government Center/ SCAQMD
Hearing Board Room, 21865 Copley Drive
CITY OF DIAMOND BAR
NOTICE OF PUBLIC -ME'F
AND AFFIDAVIT Of��O""STING
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF DIAMOND BAR
I
1, Stella Marquez, declare as follows:
I am employed by the City of Diamond Bar. On June 18, 2010, the Diamond Bar
Planning Commission will hold a Regular Meeting at 7:00 p.m., at the South Coast Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
California.
South Coast Quality Management
District Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Diamond Bar Library
1061 Grand Avenue
Diamond'Bar, CA
Heritage Park
2900 Brea Canyon Road
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on June 18, 2010, at Diamond Bar, California.
Stella Marquez
Community Development Department
gAWfidavitposting.doc
11121,1133 Doc ""NUM IN 1051
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NO.
7.2
MEETING DATE:
June 22, 2010
CASE/FILE NUMBER:
Conditional Use Permit PL2010-181
PROJECT LOCATION:
785 Pinefalls Avenue (APN 8760-027-010)
APPLICATION REQUEST:
To establish a music school consisting of
music lessons to children and adults, with
ancillary retail sales. The subject property is
zoned I (Light Industrial) with an.. un d6rlying
General Plan designation of Light Industrial.
Approval of a Conditional Use Permit is
required to operate a music school.
PROPERTY OWNER:
Sam Sakurai
787 Pinefalls Avenue
Diamond Bar, CA 91789
APPLICANT:
Gene Iacono
The Music Store
20875 Golden Springs Dr.
Diamond Bar, CA 91789
STAFF RECOMMENDATION:
Approve subject to conditions.
ANALYSIS:
Review Authority-(DBMC Sections 22.58 and 22.10.030 -Table 2-6)
A Conditional Use Permit (CUP) is required for uses whose effect on the surrounding
area cannot be determined before being analyzed for suitability at a particular location.
The I (Light Industrial) zone requires approval of a CUP for schools offering specialized
education and training.
When reviewing a CUP, consideration is given to the location, design, configuration,
operational characteristics and potential impacts to determine whether or not the
proposed use will pose a detriment to the public health, safety and welfare. If it can be
found. that the proposed use is likely to be compatible with its surroundings, the
Commission may approve the proposed use subject to conditions stipulating the
manner in which the use must be conducted. If the Commission finds that the proposed
use is likely to be detrimental to the public health, safety, and general welfare, then it
must deny the request.
When a CUP is approved, it runs with the land and all conditions placed on the CUP are
binding on all successors in interest. In other words, if the owners of the proposed
music school were to close the school after it has begun operating, a new tenant could
locate in the space and operate the same type of school. The new tenant would be
required to comply with the same conditions as the previous tenant and would not be
permitted to expand the school without full review and approval by the Planning
Commission.
Page 3 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/2010.docx
Project Description
The proposed project (The Music Store) is the relocation of a music school that provides
one-on-one music lessons to children and adults. The types of classes include piano,
voice and vocals, violin, viola, cello, bass, flute, piccolo, clarinet, saxophone, trumpet,
trombone, baritone, tuba, guitar, electric bass, and drums. Classes for other types of
instruments are added if requested, or if they are a popular trend. Ancillary retail sales
are being proposed for the sale of sheet music, books, small instruments and
accessories. The proposed hours of operation are Monday through Thursday from
12:00 p.m. to 9:00 p.m., Friday from 12:00 p.m. to 8:00 p.m., Saturday from 10:00 a.m.
to 6:00 p.m., and closed on Sundays. The duration of classes is half an hour.
The proposed floor plan includes six individual classrooms — a library and accessory
room for the sales of books, sheet music, small instruments, and accessories; an
instrument repair room; a waiting area for parents; and a 576 square -foot recital and
performance area. The proposed space is 1,876 square feet.
The school expects to have a maximum of six students and six teachers at any one
time, and one to two administration staff. Currently, there are a total of 155 students
enrolled in the school, ranging in age of seven to adult. Parents are required to wait for
their children while the music lessons are in session.
Compatibility with Neighborhood
The proposed music school is compatible with various types of business in the area,
such as Dello's Dance Studio located in the industrial park and Discovery World
Montessori preschool and elementary school located at the 'corner of Brea Canyon
Road and Lycoming Drive. The site is also bordered by single-family residential to the
south. Given the proposed hours of operation, the availability of parking, and the types
of adjoining uses, it is expected that the music school would be a compatible use at this
location.
Parkina and Circulation
The lot has a parking area in the front and the rear of the building, with a total of 18
spaces. The amount of parking spaces required for the existing and proposed uses are
26 spaces — 2 are required for the clothing exporting company, 4 are required for the
construction company and 20 are required for The Music Store. Therefore,, unless the
staggered business hours of the tenants — and the shared parking opportunities
resulting from those staggered hours are factored in there is a mathematical
deficiency of 8 spaces.
Page 4 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/2010.docx
Parking Requirements
Land Use Type
Size
'P ekingka
Required �
1,000 square -feet
1,### square -feet
1/1541 square -feet and i
1 space for each
employee
The business hours for The Music Store are from 12:00 p.m. to 9:00 p.m. Monday
through Thursday, 12:00 p.m. to 8:00 p.m. on Friday, and 10:00 a.m. to 6:00 p.m. on
Saturday. The business hours for the other two businesses are 8:00 a.m. to 5:00 p.m.
Monday through Friday. The business hours of The Music Store and the other
businesses overlap on Monday through Friday between 12:00 p.m. and 5:00 p.m.
One of the purposes, of the Conditional Use Permit process is to consider potential
impacts the proposed use may have on parking on the property. When reviewing
parking impacts on properties with shared uses, the various uses and business hours
for those uses are taken into consideration. Diamond Bar Municipal Code
Section 22.30.050, states that when "two or more nonresidential uses are developed as
a recognized shopping or professional center and two or more uses have distinct and
differing peak parking usage periods, (e.g., a theater and a bank), a reduction in the
required number of parking spaces may be allowed through the approval of a parking
permit, provided that the most remote spaces is located within 300 feet of the use it is
intended to serve... A shared parking analysis may be required by the director to
support a request for a parking reduction." Staff surveyed the site during various hours
that the proposed music school and the other two tenants would be in use. This is a
conservative approach to analyzing the parking impacts because it is not clear whether
there is reciprocal parking among the parcels in the industrial park. Staff has not been
able to verify this because the industrial park was developed prior to the incorporation of
the City, under Los Angeles County standards.
Page 5 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/201 O.docx
Number of Spaces Utilized
After conducting the parking study, staff does not foresee any parking issues resulting
from the proposed use. The existing parking supply is adequate and can accommodate
the proposed music school. The proposed music school would offer a maximum of six
classes at one time, thus needs a maximum of 14 parking spaces at any one time to
accommodate students, teachers, and administrative staff (a maximum six classes
would include: six students, six teachers, and two administrative staff). In addition, the
proposed music school will not increase any square footage to the existing building.
Additional Review
The Public Works. Department and Building and Safety Division reviewed this project
and included their comments in the attached resolution as conditions of approval. . ,
NOTICE OF PUBLIC HEARING:
On June 11, 2010, public hearing notices were mailed to property owners within a 500 -
foot radius of the project site, and the notice was published in the Inland Valley Daily
Tribune and San Gabriel Valley Tribune newspapers. The project site was posted with
a notice display board, and a copy of the public notice was posted at the City's three
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
Page 6 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/2010.docx
T
After conducting the parking study, staff does not foresee any parking issues resulting
from the proposed use. The existing parking supply is adequate and can accommodate
the proposed music school. The proposed music school would offer a maximum of six
classes at one time, thus needs a maximum of 14 parking spaces at any one time to
accommodate students, teachers, and administrative staff (a maximum six classes
would include: six students, six teachers, and two administrative staff). In addition, the
proposed music school will not increase any square footage to the existing building.
Additional Review
The Public Works. Department and Building and Safety Division reviewed this project
and included their comments in the attached resolution as conditions of approval. . ,
NOTICE OF PUBLIC HEARING:
On June 11, 2010, public hearing notices were mailed to property owners within a 500 -
foot radius of the project site, and the notice was published in the Inland Valley Daily
Tribune and San Gabriel Valley Tribune newspapers. The project site was posted with
a notice display board, and a copy of the public notice was posted at the City's three
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
Page 6 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/2010.docx
Categorically Exempt from the provisions of CEQA pursuant to the provisions of
Article 19 Section 15301(a) (interior alterations involving partitions and electrical
conveyances) of the CEQA Guidelines. No further environmental review is required.
Staff recommends that the Planning Commission adopt the attached Resolution
(Attachment 1) approving Conditional Use Permit PI -2010-181, to allow a music school
and ancillary retail sales, based on the findings of DBMC Section 22.58, subject to
conditions of approval as listed within the draft resolution.
I M �46 M
Natalie Tobon
Planning Technician
Attachments:
1. Draft Resolution No. 2010 -XX
2. Site Plan and Floor Plan
Reviewed by:
FORM -
G e S. Lee
Senior Planner
Page 7 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/2010.docx
Attachment 1
PLANNING COMMISSION
RESOLUTION NO. 2010 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. PL 2010-181, A REQUEST TO OPERATE A MUSIC
SCHOOL AND ANCILLARY RETAIL SALES, LOCATED AT
785 PINEFALLS AVENUE, DIAMOND BAR, CA (ASSESORS PARCEL
NO. 8760-027-010).
A. RECITALS
1 Property owner, Sam Sakurai and applicant, Gene Iacono, have filed an
application for Conditional Use Permit No. PL 2010-181 to relocate a
music school and accessory retail sales located at 785 Pinefalls Avenue,
Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter
in this Resolution, the subject Conditional Use Permit shall be referred to
as the "Proposed Use."
2. The subject site is located in the Light Industrial (1) zone and is consistent
with the General Commercial land use category of the General Plan.
3. The legal description of the subject property is Tract 32554 Lot 8. The
Assessor's Parcel Number is 8760-027-010.
4. On June 11, 2010, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. Public hearing notices were mailed to property
owners within a 500 -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 posted with a display
board.
5. On June 22, 2010, 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. 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 the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19,
Section 15301 (a) (interior alterations involving interior partitions and
electrical conveyances) of the CEQA Guidelines. Therefore, no further.
environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission
hereby finds as follows:
Conditional Use Permit Review Findings (DBMC Section 22.58)
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 this Development Code and the Municipal Code;
Pursuant to DBMC Section 22.10.030, Table 2-6, a specialized education
and training school is permitted in the I zoning district with approval of a
conditional use permit. Through compliance with the conditions of
approval stipulating the manner in which the use must be conducted, the
proposed use will be compatible with neighboring uses in the industrial
park.
2. The proposed use is consistent with the general plan and any applicable
specific plan;
The Proposed Use is compatible with the surrounding neighborhood and
consistent with General Plan Strategy 1.3.3: "Encourage neighborhood
serving retail and service commercial uses". The subject property is not
located within a specific plan area., .
3. The design, location, size and operating characteristics of the proposed
use are compatible with the existing and future land uses in the vicinity;
The Proposed Use is located within a multi -tenant industrial park occupied
by various warehouse, construction, and service uses including a dance
school. The proposed music school will be compatible with uses in close
proximity such as the dance school located in the same industrial park and
the preschool and elementary school located in close proximity.
4. The subject site is physically suitable for the type and density/intensity of
use being proposed, -including * access, provision of utilities, compatibility
with adjoining land uses, and the absence of physical constraints;
The project site is located within an industrial, park that currently has
another education use, a dance school. The proposed use is compatible
2
Planning Commission Resolution No. 2010 -XX
with other uses in the surrounding areas such as a preschool and
elementary school and a single-family residential zone to the south. The
required number of parking spaces at the subject site is deficient but a
parking utilization study was conducted to show that the number of
parking spaces is adequate to accommodate the proposed music school.
5. 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; and
Prior to the issuance of any city permits, the proposed project is required
to comply with all conditions of approval within the attached resolution,
and the Building and Safety Division.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(a) (interior alterations involving interior partitions and
electrical conveyances) of the CEQA Guidelines.
Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this application subject to the following conditions:
The establishment is approved as a music school with ancillary retail sales
as described in the application on file with the Planning Division, the
Planning Commission staff report for Conditional Use Permit PL2010-181
dated June 3, 2010, and the Planning Commission minutes pertaining
thereto, hereafter referred to as the "Use". The Use shall be limited to a
music school and accessory retail sales.
2. The Use shall substantially conform to the approved plans as submitted
and approved by the Planning Commission and on file with the
Community Development Department.
3. This Conditional Use Permit shall be valid only for 785 Pinefalls Avenue,
as depicted on the approved plans on file with the Planning Division. If the
Proposed Use moves to a different location or expands into additional
tenant spaces, the approved Conditional Use Permit shall terminate and a
new Conditional Use Permit, subject to Planning Commission and/or City
Council approval shall be required for the new location. If the Use ceases
to operate, the approved Conditional Use Permit shall expire without
further action by the City.
3
Planning Commission Resolution No. 2010 -XX
4. The • • operation shall •- -• to 12:00 p.m. to 9:00 •
Monday through Thursday, 12:00 p.m. to 8:00 p.m. on Friday, and
10:00 a.m. to 6:00 ;• • Saturday.
5. Each class shall be limited to one-on-one instruction or one-to-one student
to teacher ratio with a maximum of two administrative staff at any one
time.
6. No changes to the approved scope of services comprising the Use shall
be permitted unless the applicant first applies for an amendment to this
CUP, pays all application processing fees and receives approval from the
Planning Commission and/or City Council.
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: Sam Sakurai; 787 Pinefalls Avenue, Diamond Bar, CA
91789; and Gene Iacono, The Music Store, 20875 Golden Springs
Drive, Diamond Bar, CA 91789.
APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2010, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
1.0
Tony Torng, Chairman
1, 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 day of June 2010, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
ATTEST:
Greg Gubman, Secretary
4
Planning Commission Resolution No. 2010 -XX
- - - - - - - - - - - - - - - -
I ----------
III I 100 1 IN)
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. In accordance with Government Code Section 66474.9(b) (1), the
applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding to
attack, set-aside, void or annul the approval of Conditional Use Permit
No. PL 2010-181 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 defendants. The City shall promptly notify the applicant of
any claim, action of proceeding, and shall cooperate fully in the
defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Conditional Use Permit No. PL 2010-181 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
5
Planning Commission Resolution No. 2010 -XX
approval. Further, this approval shall not be effective until the applicants
pay remaining City processing fees, school fees and fees for the review of
submitted reports.
3. The business owners and 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. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
5. The project site shall be maintained and operated in full compliance with
the conditions of approval and all laws, or other applicable regulations.
6. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
7. To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodic review. If
non-compliance with conditions of approval occurs, the Planning
Commission may review the Conditional Use Permit. The Commission
may revoke or modify the Conditional Use Permit.
8. Property owner/applicant shall remove the public hearing notice board
within three (3) days of this project's approval.
9. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the Fire
Department.
1. Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, and Public Works Department) at
the established rates, prior to issuance of building permits, 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 processina 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.
C. TIME LIMITS
1. The approval of Conditional Use Permit shall expire within two (2) years
from the date of approval if the use has not been exercised as defined per
6
Planning Commission Resolution No. 2010 -XX
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:
1. Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code,
and California Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Application for which no permit is issued within 180 days following the
date of application shall expire by limitation, and plans and other data
submitted for review may thereafter be returned to the applicant or
destroyed by the Building Department.
3. Every permit issued by the Building Department shall expire if the building
or work authorized by such permit is not commenced within 180 days from
the date of such permit.
4. Construction activities causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or demolition work shall be
conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m.
5. The minimum design load for wind in this area is 85 M.P.H. exposures "C"
and the site is within seismic category (D). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
6. This Business shall be classified as a (B) occupancy with less than
10 occupants and is required to have at least one unisex bathroom.
7. The plans submitted must reflect the proposed construction and be wet ink
signed by the design professional under whose supervision the
documents were prepared.
8. 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.
9. This project shall comply with the energy conservation requirements of the
State of California Energy Commission.
7
Planning Commission Resolution No. 2010 -XX
10. Specify location of tempered glass as required by code.
11. Verify adequate exit requirements. The distance between required exits
shall be 1/2 of the building diagonal.
12. 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.
13. 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.
WIC
8
Planning Commission Resolution No. 2010 -XX
-mal 1 "(0) a
AGENDA REPORT
21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839-7030—FAX (909) 861-3117—www.Cityofdiamondbar.com
AGENDA ITEM NUMBER: 7.1
MEETING DATE: June 22, 2010
CASE/FILE NUMBER: Development Review and Minor Conditional Use
Permit No. PL 2010-108
PROJECT LOCATION: 24033 Highcrest Drive, Diamond Bar, CA 91765
(APN 8701-017-004)
APPLICATION REQUEST: To construct a 495 square -foot family room addition
3,284 square -foot home, zoned Low Density
Residential (RL) with a consistent underlying General
Plan Land Use designation of Low Density Residential
(RL). A Minor Conditional Use Permit is requested to
allow, the continuation of an existing 13'-4"- rear
setback (20' setback is,required).
PROPERTY OWNER: Karen Camaj
24033 Higficrest Drive
'Diamond Bar, CA 91765
APPLICANT: David Viera
Viera Design & Construction
127 W. Badillo Street Suite C
,Covina, CA 91723
STAFF RECOMMENDATION: Approve subject to conditions
Changes to an existing nonconforming structure require the approval of a Minor
Conditional Use Permit (MCUP) by the hearing officer. Because the DR application
requires Planning Commission approval, the Planning Commission is reviewing the MCUP.
Approval of a DR and a MCUP is required to ensure compliance with the City's general
plan policies, development standards, and design guidelines to minimize adverse effects of
the proposed project upon the surrounding properties and the City in general.
The applicant requests approval to construct an addition to an existing single family
residence. The new addition will result in a renovation of the front exterior of the residence,
and consists of the addition of a 495 square -foot family room and 219 square -foot patio
cover on the first floor.
Single family residential homes in Low Density Residential (RL) zones are required to have
rear setback of twenty (20) feet from the rear Property line or the edge of the buildable pad
on a descending slope. The existing building is nonconforming due to an existing rear
setback of 13'-4" from the edge of the buildable pad on a descending slope.
Development Review
The following table compares the proposed project with the City's development standards
for residential development in the RL Zone.
la .1 41
MM
NEW
g'g f�f-a
Vii
� 011
@m
Os
i 15N it !vX'j! M,
{' �»eZ'S+ r ti:, t^y.Po,r:S'3G,yn'.
fn. r y,-f.�E��k.,��rY�+r,
�v
fir •v[g�'t i
MIN llftxm
U
ax,
,L a
N
Z.
.."ROM L a
N.
14, C11111'4
01"
20 feet
24 feet
24 feet
Yes
.1 a . I
I VI. 01 NO, - , i -.1 1
i
5 feet on one side and14'-3"—
10 feet on the otherside
14'-3"— southwest side
southwest
Yes
94northeast side
side.
64' northeast side
_551K M
15 feet
37'— southwest side
37'— southwest side
Yes
109'
77'
— northeast side
— northeast side
iiSktW!tt!t.•.��'?L':.:7�t£
20 feet from buildable
131"
131"
I V
Vi
Ng
pad on a descending
-4
-4
No*
-,my
slope
r "
m II . rnal
'P
Maximum of 40%
10.59%
14.32%
Yes
5 'g.
35 feet
24 feet
24 feet
Yes
=511a.
$� IN
'E'Anfi'M
50% of front and
66.54%
66.54%
Yes
_u
Fu IEMENa
rg N
2 -car arage
g
3 -car garage
3 -car garage
Yes
to
*Minor Conditional Use Permit is requested to allow the continuation of a nonconforming structure.
DR & MCUP No. PL 2010-108 Page 3 of 6
Site and Grading Configuration: The site is level with the street and no grading is
required.
Elevations: The architecture of the existing single-family residence is a 1980s tract design,
which contains the following features: concrete roof tiles, stucco walls, brick details, and
sculpted grid windows in the front of the house. The proposed new addition will maintain
the existing architectural style of the existing residence except the brick detailing will be
removed and a new decorative window trim will be added to all existing and proposed
windows. The dwelling will continue to be consistent with the surrounding architecture of
the neighborhood.
Landscaping: Landscaping plans * are not required because the site is already developed,
and because the project is exempt from the City's Water Conservation Landscaping
Ordinance. The ordinance would only apply if 2,500 square feet or more of the existing
landscaped area was being altered. However, landscaping that is damaged during
construction. will need to be restored upon project completion.
Minor Conditional Use Permit
A MCUP is required because of an existing nonconforming rear setback. Current
development standards require a rear setback of 20 feet to the rear property line or edge of
the buildable pad on a descending slope. Currently, the rear setback is 13'-4" to the edge
of the buildable pad.
The City encourages homeowners.to make appropriate improvements to their properties,
even if the existing improvements do not fully conform to current development standards.
Therefore, the City has established the MCUP process for such additions, subject to the
findings set forth in the Development Code.
Staff believes that approving the MCUP as described above is appropriate and compatible
with other residences in the neighborhood, based on the following facts and observations:
The existing dwelling was built in 1988, prior to the incorporation of the City of
Diamond Bar;
* The proposed addition will maintain the existing nonconforming rear setback of
13'-4"; and
* By maintaining the existing nonconforming setback, the proposed project is
consistent with other homes within the neighborhood.
Cornfoatibility 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.,
addition is compatible with the existing residence and surrounding community.
DR & MCUP No. PL 2010-108 Page 4 of 6
The proposed project is designed to be compatible and complementary to the
neighborhood, and incorporates the principles of the City's Residential Design Guidelines
as follows:
0 The proposed addition will maintain the existing nonconforming setback, which is
consistent with other homes in the neighborhood, and will not further encroach into
the existing setbacks;
The addition will be visually integrated to the existing home by using matching
colors, building materials and roof type and pitch;
o All new windows will match the existing windows on the home; and
Because square footage is being added to the first floor only, design issues
associated with mass, scale and bulk are largely avoided.
Adjacent Home to the Left Project Site Adjacent Home to the Right
Additional Review
The Public Works Department and Building and Safety Division reviewed this project and
included their comments in the resolution as conditions of approval.
d I V �Ir I z M;
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 June 11, 2010. 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.
This project has been reviewed for compliance with the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19
under Section 15301(e) (addition to an existing structure *of less than 10,000 square feet)
of the CEQA guidelines. No further environmental review is required. .
DR & MCUP No. PL 2010-108 Page 5 of 6
Staff recommends that the Planning C ' ornmission adopt the attached Resolution
(Attachment 1) approving Development Review and Minor Conditional Use Permit
No. PL 2010-108 based on the findings in DBMC Section 22.48 and Section 22.56, subject
to conditions of approval within the draft resolution.
Prepared by: Reviewed by:
Natalie Tobon U Grace S. Lee
Planning Technician Senior Planner
Attachments:
1 Draft Resolution of Approval
2. Site Plan, Floor Plans, and Elevations
DR & MCUP No. PL 2010-108 Page 6 of 6
I Attachment I
PLANNING COMMISSION
RESOLUTION NO. 2010 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW
AND MINOR CONDITIONAL -USE PERMIT NO. PL 2010-108 TO
CONSTRUCT A 495 SQUARE -FOOT ROOM ADDITION AT THE SIDE OF
THE HOME AND TO ALLOW THE CONTINUATION OF AN EXISTING
NONCONFORMING REAR SETBACK OF 13 -FEET, 4 -INCHES (20 FEET
IS REQUIRED) LOCATED AT 24033 HIGHCREST DRIVE, DIAMOND BAR,
CA 91765 (APN 8701-017-004).
A. RECITALS
1 The property owner, Karen Camaj, and applicant, David Viera, have filed an
application for Development Review and Minor Conditional Use Permit No.
PL 2010-108 to construct a 495 square -foot room addition and 219 square-
fonot patiocover at -the —si-d-e—ofthe home, —and--to—allo-w—the — —continuation —of an ---
existing nonconforming rear setback of 13 -feet, 4 -inches (20 -feet is required)
located at 24033 Highcrest Drive, City of Diamond Bar, County of Los
Angeles, California. Hereinafter in this resolution, the subject Development
Review and Minor Conditional Use Permit shall collectively be referred to as
the "Project."
2. The subject property is made up of one parcel totaling 0.44 acres. It is
located in the Low Density Residential (RL) zone and is consistent with the
Low Density Residential land use category of the General Plan.
3. The legal description of the subject property is Tract 31941 Lot 2. The
Assessor's Parcel Number is 8701-017-004.
4. On June 11, 2010, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. Public hearing notices were mailed to property owners
within a 500 -foot radius of the Project site and public notices were posted at
the City's designated community posting sites on June 12, 2010. In addition
to the published and mailed notices, the project site was posted with a
display board and the notice was posted at three other locations within the
project vicinity.
5. On June 22, 2010, 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.
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 15301 (e) (addition
to an existing structure of less than 10,000 square feet) of the CE -QA
Guidelines. Therefore, no further environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.56, this Planning
Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
1. 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 proposed 495 square -foot addition and
219 square -foot patio cover is consistent with the City's General Plan, City
Design Guidelines and development standards by meeting all of the setbacks
except the rear setback and maintaining the existing height by adding on the
addition to the first level of the home. The rear setback will maintain the
existing original nonconforming rear setback, and will not further encroach
into the nonconforming setbacks.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
2. The design and layout of the proposed development will not interfere with the
use and enjoyment of neighboring existing or future developments, and will
not create traffic or pedestrian hazards;
The proposed addition will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of the project
site is for a single family residential home and the surrounding uses are also
for single family residential homes.
The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single
family residential home because it is a continuation of an existing use.
3. 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
Planning Commission Resolution No. 2010 -XX
Chapter 22.48: Development Review Standards, the City's Design
Guidelines, the City's General Plan, or any applicable specific plan;
The existing architectural design of the home is 1980's tract. The proposed
addition will match the roof type, pitch, colors and building materials. The
addition will be integrated with the existing house by utilizing matching colors
and materials as prescribed in the City Design Guidelines, There is no
specific plan for this area.
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing;
The design of the addition will provide a desirable environment by enhancing
the aesthetic look of the home by adding window trim details to all windows
on the house. The addition provides window trims that are similar to the
styles used in the surrounding neighborhood. The neutral building colors will
remain the same.
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; and
Before the issuance of any City permits, the proposed Project is required to
comply with all conditions within the approved resolution and the Building
and Safety Division 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.
6. The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(e) (addition to an existing structure of less than 10,000 square
feet) of the CEQA Guidelines.
Minor Conditional Use Permit Findings (DBMC Section 22.56.040)
The proposed use is allowed within the subject zoning district with the
approval of a Minor Conditional Use Permit and complies with all other
applicable provisions of this Development Code and the Municipal Code;
The existing single-family dwelling is a permitted use in the RL zone. The
substandard rear setback of the building renders the project nonconforming.
The addition of a nonconforming structure requires approval of a Minor
3
Planning Commission Resolution No. 2010 -XX
Conditional Use Permit. The proposed addition of a 495 square -foot family
room and 219 square -foot patio cover complies with the development
standards of the RL zone.
2. The proposed use is consistent with the general plan and any applicable
specific plan;
The proposed addition to a single-family dwelling unit is consistent with the
City's adopted General Plan. The site is not subject to the provisions of any
specific plan.
3. The design, location, size and operating characteristics of the proposed use
are compatible with the existing and future land uses in the vicinity;
The existing single-family dwelling and the proposed addition of a
495 square -foot family room and 219 square -foot patio cover is consistent
with the development standards for the site and the surrounding
neighborhood. The design of the existing single-family dwelling and the
proposed addition are compatible with the neighborhood through the use of
similar architectural features.
4. The subject site is physically suitable for the type and density/intensity of use
being proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints;
The subject site is physically suitable for the existing single-family residential
dwelling and the proposed addition. The existing and proposed use of land
is consistent with the surrounding land uses. The proposed addition of floor
area is consistent with the development standards for the RL zone.
5. Granting the Minor Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience or welfare, or materially injurious
to persons, property, or improvements in the vicinity and zoning district in
which the property is located; and
The granting of the Minor Conditional Use Permit will allow the addition of the
existing single-family dwelling unit in a manner similar with existing dwelling
units located in the surrounding neighborhood. The proposed expansion of
the dwelling unit will not negatively impact the public interest, health, safety
convenience or welfare.
6. The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(e) (addition to an existing structure of less than 10,000 square
feet) of the CEQA Guidelines.
4
Planning Commission Resolution No. 2010 -XX
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owner, Karen Camaj, 24033 Highcrest Drive, Diamond
Bar, CA 91765; and the applicant, David Viera, 127 West Badillo
Street, Suite C, Covina, CA 91723.
APPROVED AND ADOPTED THIS 22nd DAY OF JUNE 2010, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
0
Tony Torng, Chairman
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
---R-e-s-o]Ufid-n-w-a--s-d-uly-i-n-tr-o-d-uc-e-d, —passed,and-a-`d-o-pt-e-d—,at a —regular —meeting of-th-e-Planning
Commission held on the 22nd day of June, 2010, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
5
Planning Commission Resolution No. 2010 -XX
'TTIT 1 117
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AN*
REMODELED STRUCTURES
PROJECT #: Development Review and Minor Conditional Use Permit
No. PL 2010-108
SUBJECT: To construct a 495 square -foot family room addition and
219 square -foot patio cover to the side of an existing 3,284
single-family residence and a Minor Conditional Use Permit to
allow the continuation of an existing nonconforming rear setback
of 13'-4" (20 -feet is required).
PROPERTY Karen Camaj
OWNER(S): 24033 Highcrest Drive
Diamond Bar, CA 91765
APPLICANT: David Viera
127 West Badillo Street, Suite C
Covina, CA 91723
LOCATION: 24033 Hiahcrest Drive, Diamond Bar, CA 91765
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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 and Minor Conditional
Use Permit No. PL 2010-108 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
Planning Commission Resolution No. 2010 -XX
(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 and Minor Conditional Use Permit
No. PL 2010-108, 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
--�--- ---- ro'ect-shall obtain a Diarno-nd-Bar-BUs�ness License; -and a tonin a —--
for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2010 -XX, Standard
Conditions, and all environmental mitigations shall be included on the plans
(full size). The sheet(s) are for information only to all parties involved in the
construction/grading activities and are not required to be wet sealed/stamped
by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape/irrigation, and roof plans, 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. The property owner/applicant shall remove the public hearing notice board
within three days of this project's approval.
7
Planning Commission Resolution No. 2010 -XX
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid 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.
C. TIME LIMITS
1. The approval of -Development Review and Minor Conditional Use Permit
No. PL 2010-108 expires within two years from the date of approval if the use
has not been exercised as defined per Municipal Code Section 22.66.050
(b)(1). The applicant may request in writing a one year time extension
subject to Municipal Code Section 22.60.050(c) for Planning Commission
approval.
D. SITE DEVELOPMENT
1. 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
Attachment 2 including: site plans, floor plans, and architectural elevations on
file with, the Planning -Division, the conditions. contained herein, and the
Development Code regulations.
2. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division. -
3. All roof -mounted equipment shall be screened from public view.
4. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
8
Planning Commission Resolution No. 2010 -XX
5. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
E. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether
during or subsequent to construction shall be done only by the property
owner, applicant or by a duly permitted waste contractor, who has been
authorized by the City to provide collection, transportation, and disposal of
solid waste from residential, commercial, 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
A. GENERAL
1 An erosion control and drainage Plan shall be submitted for review and
approval. 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.
2. 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.
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.
9
Planning Commission Resolution No. 2010 -XX
1 Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code, and
California Electrical Code) requirements and all other applicable construction
codes, ordinances and regulations in effect at the time of plan check
submittal.
2. Application for which no permit is issued within 180 days following the date of
application shall expire by limitation, and plans and other data submitted for
review may thereafter be returned to the applicant or destroyed by the
Building Department.
3. Every permit issued by the Building Department shall expire if the building or
work authorized by such permit is not commenced within 180 days from the
date of such permit.
4. Construction activities causing the operation of any tools or equipment used
in construction, drilling, repair, alteration, or demolition work shall be
conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m.
5. The minimum design load for wind in this area is 85 M.P.H. exposures "C"
and the site is within seismic category (D). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
6. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. All lights shall be fluorescent or
controlled by a manual-on/auto off, occupant sensor, or dimmer switch.
7. 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.
8. 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.
9. The project shall be protected by a construction fence and shall comply with
the NPDES and BMP requirements (sand bags, etc.)
10
Planning Commission Resolution No. 2010 -XX
10. Check drainage patterns with Engineering Department. Surface water shall
drain away from building ata .2% minimum slope.
11
Planning Commission Resolution No. 2010 -XX
I
R1, A
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MAY 25, 2010
Chairman Torng called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: VC/Nolan led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Kwang Ho Lee, Steve Nelson, Jack
Shah, Vice Chairman Kathy Nolan, and Chairman Tony Torng.
---Also-r)resent---Grace—S.—Lee.--Senior—Planner:--T-..—Linh—Ho--Assistant—Cit-y.-----
Attorney; David Alvarez, Assistant Planner; and Stella Marquez, Senior
Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As presented.
9
5.
A
CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of May 11, 2010.
C/Shah moved, VC/Nolan seconded, to approve the Minutes of the Regular Meeting
of May 11, 2010, as presented. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
*LD BUSINESS: I Rone ,
NEW BUSINESS: None
Lee, Shah, VC/Nolan, Chair/Torng
None
Nelson
None
7.1 Development Review No. PL 2010-11 — Under the authority of Diamond
Bar Municipal Code Section 22.48, the applicant requested approval to
construct a new single-family residence of 8,870 square feet on a 58,806
MAY 25, 2010
MDRAFT
PAGE 2 PLANNING O"0I
square foot Rural Residential (RR) zoned parcel with a consistent underlying
General Plan Land Use designation of RR.
Lot 55, Derringer Lane
(Tract 23483, APN 8713-034-029)
Diamond Bar, CA 91765
Surnermal & Rajkumari Vardhan
320 Woodruff
Walnut, CA 91789
APPLICANT: Pete Volbeda
180 N. Benson Avenue, Suite D
Upland-;- CA-91786-
AP/Alvarez presented staffs report and recommended Planning Commission
approval of Development Review No. PL 2010-11, based on the Findings of
Fact, subject to the conditions of approval as listed within the resolution.
C/Shah asked if the site would be balanced using imported dirt and
AP/Alvarez responded that the applicant would import 5,300 cubic yards to
create a pad.
Chair/Torng asked if the retaining wall met the height requirement.
AP/Alvarez responded that there are three retaining walls; the two lower
retaining walls are six feet high and the upper retaining wall is four feet high.
There were no ex parte disclosures.
Chair/Torng opened the public hearing.
Pete Volbeda, Applicant, said he Was pleased with staffs presentation.
Although this site will have about 5,000 cubic yards of imported dirt, the
property owner also owns the lot to the north which has excess dirt which will
be moved to the proposed site so the two lots will be balanced.
C/Shah asked if any dirt would be exported and Mr. Volbeda reiterated that
there will be no export because the' dirt will be balanced between the two
lots.
Mr. Volbeda responded to Chair/Torng that he read staff's report and
concurred with staffs recommendations.
MAY 25, 2010
Chair/Torng opened the public hearing.
Ar T
PLANNING COMMISSION
With no one present to speak on this item, Chair/Torng closed the public
hearing.
C/Lee moved, C/Shah seconded, to approve Development Review
No. PL 2010-11, base on the Findings of Fact, subject to the conditions of
approval as listed within the Resolution. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah, VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
-::A-B-S-ENT-�-.---C'OMMI-SSIONE.RS.-...- �-- —Nory e---
7.2 Development Review No. 2009-01 and Comprehensive Sign Program
No. 2009-01 — Under the authority of Diamond Bar Municipal Code
Section 22.48 and 22.36.060, the applicant requested approval for a fagade
remodel and Comprehensive Sign Program for a 30,602 square foot existing
commercial building on a 113,683 square foot (2.6 acre) Regional
Commercial (C-3) zoned parcel with a consistent underlying General Plan
Land Use designation of General Commercial (C).
211� � Iftl
1241 Grand Avenue
Diamond Bar, CA 91765
A&J Sunset Village, LLC
10508 Wyton Drive
Los Angeles, CA 90024
APPLICANT: Jeda Designs
140 East Santa Clarita Unit #13
Arcadia, CA 91006
SP/Lee presented staff's report and recommended Planning Commission
approval of Development Review No. 2009-01 and Comprehensive Sign
Program No. 2009-01, based on the Findings of Fact, subject to the
conditions of approval as listed within the Resolution.
C/Lee took exception with the proportion of the size of the building to the
proposed height and wondered why staff would recommend approval of such
a design. SP/Lee responded that initially staff was concerned about the
MAY 25, 2010 PAGE 4 PLANNING COMMISSION
appearance. Prior to three or four revisions, the original design was even
more top heavy and staff suggested adding additional moldings on the
parapet in an attempt to appear less top heavy. The reason the property
owner wants this design is to have the higher tower to gain more visibility for
the building due to the location behind the two-story building to the west.
She suggested the applicant explain the reason for requesting the extra
height of 10 feet. Staff tried as much as possible to mitigate the extra height
and work with the architect. C/Lee said he believed that visibility was
important but so too was appearance and if a building does not look good it
might not serve its intended purpose of presenting a good impression.
SP/Lee responded that staff agrees.
C/Nelson asked how high the slope was leading to the residences on the
------- east -side -in relationship to -the --increased -height of -the -tower.- SP/Lee said
the building is definitely a lot lower than the residential buildings. C/Nelson
said his point was that even after increasing the height from 25 to 35 feet,
those towers still remain below the level of the back yards so their views will
not be impeded and SP/Lee agreed.
There were no ex parte disclosures.
Susan Lamont, property manager, pointed out that the owner of the property
is trying to work with tenants to improve the look of the center, enhance the
visibility to ensure more foot traffic, .generate more business, more sales, as
well as lower rents to keep people in the center. C/Lee suggested the
property owner utilize more parking spaces because the parking lot is always
so congested. Ms. Lamont said there is no space for parking at the rear of
the buildings. One of the big problems is that other centers are right up
against this center and many people who work in the center park in the
parking area. The owner tries to enforce the parking but it is very difficult
and the owner cannot afford to have an onsite guard. The space in the back
is an alley and drainage ditch and to try and open that area for parking would
potentially cause a lot more problems.
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/Nelson, seconded, to approve Development Review
No. 2009-01 and Comprehensive Sign Program No. 2009-02, based on the
MAY 25, 2010
PAGE 5
PLANNING COMMISSION
Findings of Fact, subject to the conditions of approval as listed within the
Resolution. Motion carried by the following Roll Call vote:
, AYES: COMMISSIONERS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Lee, Nelson, Shah, VC/Nolan,
Chair/Torng
None
None
7.3 One -Year Time Extension for Development Review 2007-06 — Under the
authority of Diamond Bar Municipal Code Section 22.66.050, the applicant
submitted a request for a one year extension of time to begin construction.
The project was approved May 13, 2008, with a two (2) year timeframe to
obtain building permits and begin construction.
- ------ ---
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
2502 Razzak Circle
Diamond Bar, CA 91765
Wasif Siddique
11076 Venture Drive
Mira Loma, CA 91752
Robert Larivee
Award Winning Design
3109 Center Drive
Santa Ana, CA92704
SP/Lee presented staff's report and recommended Planning Commission
approval of a one-year time extension for Development Review 2007-06.
Chair/Torng opened the public hearing.
With no one present who wished to speak on this matter, Chair/Torng closed
the public hearing.
VC/Nolan moved, C/Shah seconded, to approve a one-year time extension
for Development Review 2007-06. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS: Lee, Nelson, Shah VC/Nolan,
Chair/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
2 DRAFT
MAY 25, 2010 PAGE 6 PLANNING COMMISSION
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Nelson said that he was forced to recuse himself from Site D deliberations
presented at the last few meetings because the company he works for performed
work for the Site D applicant. He kept up with the minutes and thought the '
Commission did an excellent job of listening
ning to the public and separating fact from
emotion and felt his colleagues should be proud of their decision moving forward.
9. STAFF COMM ENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
SP/Lee referred the Commissioners to the list of pending projects in planning
review and stated that at this -time, there -are no items scheduled- for -the
June 8 meeting which may be canceled. SP/Lee stated that Site D Specific
Plan is scheduled for Council discussion on June 15 and possible action on
July 20.
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 7:28 p.m.
The foregoing minutes are hereby approved this 22nd day of June, 2010.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Tony Torng, Chairman
a 1 Mal NO, 111 i 1001, 1 WO, NO, ME I ! M5, I
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NO.
MEETING DATE:
CASE/FILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
STAFF RECOMMENDATION:
7.2
June 22, 2010
Conditional Use Permit PI -2010=181
785 Pinefalls Avenue (APN 8760-027-010)
To establish a music school consisting of
music lessons to children and adults, with
ancillary retail sales. The subject property is
zoned I (Light Industrial) with an. un,d'6rlying
General Plan designation of Light Industrial.
Approval of a Conditional Use Permit is
required to operate a music school.
Sam Sakurai
787 Pinefalls Avenue
Diamond Bar, CA 91789
Gene Iacono
The Music Store
20875 Golden Springs Dr.
Diamond Bar, CA 91789
Approve subject to conditions.
ANALYSIS:
Review Authority (DBMC Sections 22.58 and 22.10.030 -Table 2-6)
A Conditional Use Permit (CUP) is required for uses whose effect on the surrounding
area cannot be determined before being analyzed for suitability at a particular location.
The I (Light Industrial) zone requires approval of a CUP for schools offering specialized
education and training.
When reviewing a CUP, consideration is given to the location, design, configuration,
operational characteristics and potential impacts to determine whether or not the
proposed use will pose a detriment to the public health, safety and welfare. If it can be
found. that the proposed use is likely to be compatible with its surroundings, the
Commission may approve the proposed use subject to conditions stipulating the
manner in which the use must be conducted. If the Commission finds that the proposed
use is likely to be detrimental to the public health, safety, and general welfare, then it
must deny the request.
When a CUP is approved, it runs with the land and all conditions placed on the CUP are
binding on all successors in interest. In other words, if the owners of the proposed
music school were to close the school after it has begun operating, a new tenant could
locate in the space and operate the same type of school. The new tenant would be
required to comply with the same conditions as the previous tenant and would not be
permitted to expand the school without full review and approval by the Planning
Commission.
Page 3 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/201 O.docx
Project Description
The proposed project (The Music Store) is the relocation of a music school that provides
one-on-one music lessons to children and adults. The types of classes include piano,
voice and vocals, violin, viola, -cello, bass, flute,, piccolo, -clarinet, saxophone., trumpet,
trombone, baritone, tuba, guitar, electric bass, and drums. Classes for other types of
instruments are added if requested, or if they are a popular trend. Ancillary retail sales
are being proposed for the sale of sheet music, books, small instruments and
accessories. The proposed hours of operation are Monday through Thursday from
12:00 p.m. to 9:00 p.m., Friday from 12:00 p.m. to 8:00 p.m., Saturday from 10:00 a.m.
to 6:00 p.m., and closed on Sundays. The duration of classes is half an hour.
The proposed floor plan includes six individual classrooms — a library and accessory
room for the sales of books, sheet music, small instruments, and accessories; an
instrument repair room; a waiting area for parents; and a 576 square -foot recital and
performance area. The proposed space is 1,876 square feet.
The school expects to have a maximum of six students and six teachers at any one
time, and one to two administration staff. Currently, there are a total of 155 students
enrolled in the school, ranging in age of seven to adult. Parents are required to wait for
their children while the music lessons are in session.
Compatibility with Neighborhood
The proposed music school is compatible with various types of business in the area,
such as Dello's Dance Studio located in the industrial park and Discovery World
Montessori preschool and elementary school located at the 'corner of Brea Canyon
Road and Lycoming Drive. The site is also bordered by single -.family residential to the
south. Given the proposed hours of operation, the availability of parking, and the types
of adjoining uses, it is expected that the music school would be a compatible use at this
location.
Parking and Circulation
The lot has a parking area in the front and the rear of the building, with a total of 18
spaces. The amount of parking spaces required for the existing and proposed uses are
26 spaces — 2 are required for the clothing exporting company, 4 are required for the
construction company and 20 are required for The Music Store. Therefore,, unless the
staggered business hours of the tenants — and the shared parking opportunities
resulting from those staggered hours are factored in there is a mathematical
deficiency of 8 spaces.
Page 4 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 06122/201 O.docx
Parking Requirements
Land Use
Parkin
pqqire
The business hours for The Music Store are from 12:00 p.m. to 9:00 p.m. Monday
through Thursday, 12:00 p.m. to 8:00 p.m. on Friday, and 10:00 a.m. to 6:00 p.m. on
Saturday. The business hours for the other two businesses are 8:00 a.m. to 5:00 p.m.
Monday through Friday. The business hours of The Music Store and the other
businesses overlap on Monday through Friday between 12:00 p.m. and 5:00 p.m.
One of the purposes. of the Conditional Use Permit process is to consider potential
impacts the proposed use may have on parking on the property. When reviewing
parking impacts on properties with shared uses, the various uses and business hours
for those uses are taken into consideration. Diamond Bar Municipal Code
Section 22.30.050, states that when "two or more nonresidential uses are developed as
a recognized shopping or professional center and two or more uses have distinct and
differing peak parking usage periods, (e.g., a theater and a bank), a reduction in the
required number of parking spaces may be allowed through the approval of a parking
permit, provided that the most remote spaces is located within 300 feet of the use it is
intended to serve... A shared parking analysis may be required by the director to
support a request for a parking reduction." Staff surveyed the site during various hours
that the proposed music school and the other two tenants would be in use. This is a
conservative approach to analyzing the parking impacts because it is not clear whether
there is reciprocal parking among the parcels in the industrial park. Staff has not been
able to verify this because the industrial park was developed prior to the incorporation of
the City, under Los Angeles County standards.
Page 5 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/201 O.docx
Number of Spaces Utilized
612/2010
1:00 pm
4
0
3000 -pm
4
0
5:00 pm
3
0
6/3/2010 1:00 pm
3
0
3:00 pm
1
0
5:00 pm
2
0
6/7/2010 1:00 pm
2
0
3:00 pm
4
0
5:00 pm
3
0
618/2010 1:00 pm
2
0
3:00 pm
3
0
5:00 pm
2
0
After conducting the parking study, staff does not foresee any parking issues resulting
from the proposed use. The existing parking supply is adequate and can accommodate
the proposed music school. The proposed music school would offer a maximum of six
classes at one time, thus needs a maximum of 14 parking spaces at any one time to
accommodate students, teachers, and administrative staff (a maximum six classes
would include: six students, six teachers, and two administrative staff). In addition, the
proposed music school will not increase any square footage to the existing building.
Additional Review
The Public Works. Department and Building and Safety Division reviewed this project
and included their comments in the attached resolution as conditions of approval.
NOTICE OF PUBLIC HEARING:
On June 11, 2010, public hearing notices were mailed to property owners within a 500 -
foot radius of the project site, and the notice was published in the Inland Valley Daily
Tribune and San Gabriel Valley Tribune newspapers. The project site was posted with
a notice display board, and a copy of the public notice was posted at the City's three
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
Page 6 of 7 CD: Staff Reports PC/Pinefails 785 PC Staff Report 06/22/201 O.docx
Categorically Exempt from the provisions of CEQA pursuant to the provisions of
Article 19 Section 15301(a) (interior alterations involving partitions and electrical
conveyances) of the CEQA Guidelines. No further environmental review is required.
Staff recommends that the Planning Commission adopt the attached Resolution
(Attachment 1) approving Conditional Use Permit PI -2010-181, to allow a music school
and ancillary retail sales, based on the findings of DBMC Section 22.58, subject to
conditions of approval as listed within the draft resolution.
Prepared by:
Natalie Tobon
Planning Technician
Attachments:
1. Draft Resolution No. 2010 -XX
2. Site Plan and Floor Plan
Reviewed by:
G e S. Lee
Senior Planner
Page 7 of 7 CD: Staff Reports PC/Pinefalls 785 PC Staff Report 06/22/2010.docx
Attachment 1
PLANNING COMMISSION
RESOLUTION NO. 2010 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. PL 2010-181, A REQUEST TO OPERATE A MUSIC
SCHOOL AND ANCILLARY RETAIL SALES, LOCATED AT
785 PINEFALLS AVENUE, DIAMOND BAR, CA (ASSESORS PARCEL
NO. 8760-027-010).
A. RECITALS
1 Property owner, Sam Sakurai and applicant, Gene Iacono, have filed an
application for Conditional Use Permit No. PL 2010-181 to relocate a
music school and accessory retail sales located at 785 Pinefalls Avenue,
Diamond Bar, Los Angeles County, California ("Project Site"). Hereinafter
in this Resolution, the subject Conditional Use Permit shall be referred to
as the "Proposed Use."
2. The subject site is located in the Light Industrial (1) zone and is consistent
with the General Commercial land use category of the General Plan.
3. The legal description of the subject property is Tract 32554 Lot 8. The
Assessor's Parcel Number is 8760-027-010.
4. On June 11, 2010, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. Public hearing notices were mailed to property
owners within a 500 -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 posted with a display
board.
5. On June 22, 2010, 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.
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct;
2. The Planning Commission hereby 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 15301 (a) (interior alterations involving interior partitions and
electrical conveyances) of the CEQA Guidelines. Therefore, no further.
environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Section 22.58, this Planning Commission
hereby finds as follows:
Conditional Use Permit Review Findings (DBMC Section 22.58)
1. The proposed use is allowed within the subject zoning district with the
approval of a conditional use permit and complies with all other applicable
provisions of this Development Code and the Municipal Code;
Pursuant to DBMC Section 22.10.030, Table 2-6, a specialized education
and training school is permitted in the / zoning district with approval of a
conditional use permit. Through compliance with the conditions of
approval stipulating the manner in which the use must be conducted, the
proposed use will be compatible with neighboring uses in the industrial
park.
2. The proposed use is consistent with the general plan and any applicable
specific plan;
The Proposed Use is compatible with the surrounding neighborhood and
consistent with General Plan Strategy 1.3.3: "Encourage neighborhood
serving retail and service commercial uses". The subject property is not
located within a specific plan area..
3. The design, location, size and operating characteristics of the proposed
use are compatible with the existing and future land uses in the vicinity;
The Proposed Use is located within a multi -tenant industrial park occupied
by various warehouse, construction, and service uses including a dance
school. The proposed music school will be compatible with uses in close
proximity such as the dance school located in the same industrial park and
the preschool and elementary school located in close proximity.
4. The subject site is physically suitable for the type and density/intensity of
use being proposed,. including access, provision, of utilities, compatibility
with adjoining land uses, and the absence of physical constraints;
The project site is located within an industrial. park that currently has
another education use, a dance school. The proposed use is compatible
2
Planning Commission Resolution No. 2010 -XX
with other uses in the surrounding areas such as a preschool and
elementary school and a single-family residential zone to the south. The
required number of parking spaces at the subject site is deficient but a
parking utilization study was conducted to show that the number of
parking spaces is adequate to accommodate the proposed music school.
5. 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; and
Prior to the issuance of any city permits, the proposed project is required
to comply with all conditions of approval within the attached resolution,
and the Building and Safety Division.
6. The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301(a) (interior alterations involving interior partitions and
electrical conveyances) of the CEQA Guidelines.
Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this application subject to the following conditions:
1. The establishment is approved as a music school with ancillary retail sales
as described in the application on file with the Planning Division, the
Planning Commission staff report for Conditional Use Permit PL2010-181
dated June 3, 2010, and the Planning Commission minutes pertaining
thereto, hereafter referred to as the "Use". The Use shall be limited to a
music school and accessory retail sales.
2. The Use shall substantially conform to the approved plans as submitted
and approved by the Planning Commission and on file with the
Community Development Department.
3. This Conditional Use Permit shall be valid only for 785 Pinefalls Avenue,
as depicted on the approved plans on file with the Planning Division. If the
Proposed Use moves to a different location or expands into additional
tenant spaces, the approved Conditional Use Permit shall terminate and a
new Conditional Use Permit, subject to Planning Commission and/or City
Council approval shall be required for the new location. If the Use ceases
to operate, the approved Conditional Use Permit shall expire without
further action by the City.
3
Planning Commission Resolution No. 2010 -XX
4. The hours of operation shall be limited to 12:00 p.m. to 9:00 p.m.
Monday through Thursday, 12:00 p.m. to 8:00 p.m. on Friday, and
10:00 a.m. to 6:00 • ► Saturday.
5. Each class shall be limited to one-on-one instruction or one-to-one student
to teacher ratio with a maximum of two administrative staff at any one
time.
6. No changes to the approved scope of services comprising the Use shall
be permitted unless the applicant first applies for an amendment to this
CUP, pays all application processing fees and receives approval from the
Planning Commission and/or City Council.
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: Sam Sakurai; 787 Pinefalls Avenue, Diamond Bar, CA
91789; and Gene Iacono, The Music Store, 20875 Golden Springs
Drive, Diamond Bar, CA 91789.
APPROVED AND ADOPTED THIS 22ND DAY OF JUNE 2010, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
Tony Torng, Chairman
1, 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 day of June 2010, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
ATTEST:
Greg Gubman, Secretary
4
Planning Commission Resolution No. 2010 -XX
I ITO
i 1 e I'll
. . . . . . . . . .
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b) (1), the
applicant shall defend, indemnify, and hold harmless the City, and its
officers, agents and employees, from any claim, action, or proceeding to
attack, set-aside, void or annul the approval of Conditional Use Permit
No. PL 2010-181 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 defendants. The City shall promptly notify the applicant of
any claim, action of proceeding, and shall cooperate fully in the
defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Conditional Use Permit No. PL 2010-181 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
5
Planning Commission Resolution No. 2010 -XX
approval. Further, this approval shall not be effective until the applicants
pay remaining City processing fees, school fees and fees for the review of
submitted reports.
3. The business owners and 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. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
5. The project site shall be maintained and operated in full compliance with
the conditions of approval and all laws, or other applicable regulations.
6. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any
applicable Specific Plan in effect at the time of building permit issuance.
7. To ensure compliance with all conditions of approval and applicable
codes, the Conditional Use Permit shall be subject to periodic review. If
non-compliance with conditions of approval occurs, the Planning
Commission may review the Conditional Use Permit. The Commission
may revoke or modify the Conditional Use Permit.
8. Property owner/applicant shall remove the public hearing notice board
within three (3) days of this project's approval.
9. The applicant shall comply with the requirements of City Planning,
Building and Safety Divisions, Public Works Department, and the Fire
Department.
1. Applicant shall pay development fees (including but not limited to
Planning, Building and Safety Divisions, and Public Works Department) at
the established rates, prior to issuance of building permits, 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.
C. TIME LIMITS
1. The approval of Conditional Use Permit shall expire within two (2) years
from the date of 'approval if the use has not been exercised as defined per
6
Planning Commission Resolution No. 2010 -XX
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:
1. Plans shall conform to State and Local Building Code (i.e., 2007 California
Building Code, California Plumbing Code, California Mechanical Code,
and California Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Application for which no permit is issued within 180 days following the
date of application shall expire by limitation, and plans and other data
submitted for review may thereafter be returned to the applicant or
destroyed by the Building Department.
3. Every permit issued by the Building Department shall expire if the building
or work authorized by such permit is not commenced within 180 days from
the date of such permit.
4. Construction activities causing the operation of any tools or equipment
used in construction, drilling, repair, alteration, or demolition work shall be
conducted Mon. -Sat. between the hours of 7:00 a.m. and 7:00 p.m.
5. The minimum design load for wind in this area is 85 M.P.H. exposures "C"
and the site is within seismic category (D). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
6. This Business shall be classified as a (B) occupancy with less than
10 occupants and is required to have at least one unisex bathroom.
7. The plans submitted must reflect the proposed construction and be wet ink
signed by the design professional under whose supervision the
documents were prepared.
8. 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.
9. This project shall comply with the energy conservation requirements of the
State of California Energy Commission.
7
Planning Commission Resolution No. 2010 -XX
10. Specify location of tempered glass as required by code.
11. Verify adequate exit requirements. The distance between required exits
shall be 1/2 of the building diagonal.
12. 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.
13. 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.
ME
8
Planning Commission Resolution No. 2010 -XX
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a
CL
. . . . . . . . . .
CL
rL
CL
to
rL
CD-
CL
CL
0
0
0
PQ
:3
=1
:3