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HomeMy WebLinkAbout04/26/2011NP-LANNING FILE copy I COMMISSIOL April 26, 201 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 Jack Shah Kwang Ho Lee Jimmy Lin Steve Nelson Tony Torng 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 J . n 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 nfDiamond Bar Commissionp|@OO'DCommission- - MEETING RULES �--�--��-- ------�----------�'---'----- -------- —'--�--- � The Ol8etnQ8 of the Diamond Bar Planning Commission are open to the public. /\ DleDlbS[ of the public may address the Commission oOthe subject Ofone V[more agenda items and/or other items of which are within the sVhiBCt matter jurisdiction of the OiaOlOOd Ba[ Planning COOODliSSiOD. A request tUaddress the Commission should be submitted inwriting 8tthe public hearing, tOthe Secretary ofthe CO[DDlisaiUD. AS 8 general rule, the opportunity for public COmDDeDtS will take D|aC8 at the discretion of the Chair. HOVVeVe[. in O[dB[ to facilitate the meeting, persons who are interested parties for an item may be requested togive their presentation 8tthe time the item iscalled oDthe calendar. The Chair may limit individual public input to five [OiOUbas On any item; Or the Chair may limit the total 3nlOUnt 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 Dl8ODe[ Comments and qUeSUODg are VVelcOnn8 s0 that all points Of View are CoOSidBnsd prior to the Commission making recommendations to the staff and City Council. In accordance with State Law (Brown Act' all matters to be acted OO by the Co[OOli83|oD must be posted at least 72 hours prior to the CVDl[DiSGiOO meeting. In case Of emergency or when subject matter arises SUbg8qUeOt to the posting of the 8geDd8, upon making CBd8iO findings, the CO[0DliGSinO may act OOitem that i8not OOthe posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for [}iaDlOOd B8[ P|8DOiDg CoDlr0iSSioD meetings are prepared by the Planning Division Of the Community DevelopmentDepartDlB[d. Agendas are available 72hours prior b]the meeting EtCity Hall and the public library, and may beaccessed bypersonal computer 8tthe number below. Every meeting of the P|8OOiOg Commission is recorded On C8SSBtte tapes and duplicate tapes are available for a nominal charge. 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 |8OgUoge iOtRqpF8tB[ SerV|C8S are 8V3i\8blB by giving notice at i88St three buSiO8S5 days in 8dV8OCe Of the meeting. Please telephone /909\ 839-7030 between 7:30 8.0. and 5:30 p.m., Monday through ThU[Sdoy, and 7:30 a.m. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the CoOOnliSSiOD. General Agendas (908) 839-7030 email: info(cD-ci.diamond-bar.ca.us Cassette Tapes of Meetings (909) 839-7030 Next Resolution No. 2011-09 CITY OF DIAMOND BAR PLANNING COMMISSION Tuesday, April 26, 2011 PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Jack Shah, Vice Chairman Kwang Ho Lee, Jimmy Lin; Steve Nelson, Tony Torng 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. 4. CONSENT CALENDAR: The following items listed on the c ' onsent 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: March 22, 2011. 4.2. Minutes of Regular Meeting: April 12, 2011. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. 7. CONTINUED PUBLIC HEARING(S): 7.1 Conditional Use Permit No. PL 2010-355 — Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant is requesting approval to remove an existing Edison street light pole located on Diamond Bar Blvd., public rights-of-way, north of Tin Dr., and replace it with a similar light pole equipped with cellular telecommunications antennas and associated ground - mounted equipment. (Continued from April 12, 2011) APRIL 26, 2011 PAGE 2 PLANNING COMMISSION AGENDA Project Address: Public Rights -Of -Way on Diamond Bar Boulevard and 760 S. Diamond Bar Boulevard Property Owner: City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 Applicant: Sequoia Deployment Services on Behalf of T -Mobile Monica Moretta One Venture, Suite 200 Irvine, CA 92618 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15303 (New Construction of Small. Structures) of the CEQA Guidelines. No further environmental review is required. Recommendation: Staff recommends that the Planning Commission continue this matter to May 10, 2011. 8.1 Development Review No. PL 2010-438 — Under the authority of Development Code Section 22.48, the applicant, Manolo M. Manalo, and property owners, Ming Kuo and Li Hua Chen, are requesting approval for a 1,643 square -foot addition to an existing 2,768 square -foot single-family residence and a 421 square -foot pool house on a 0.69 gross acre (30,057 square -foot) lot. The lot is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. Project Address: 2435 Alamo Heights Property Owner: Ming Kuo and Li Hua Chen 2435 Alamo Heights Diamond Bar, CA 91765 Applicant: Manolo M. Manalo 23824 Audrey Ave., #C Torrance, CA 90505 Environmental Determination: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301(e) APRIL 26, 2011 a PAGE 3 PLANNING COMMISSION AGENDA (addition to an existing structure of less than 10,000 square feet) of the CEQA guidelines. Recommendation: Staff recommends that the Planning Commission approve Development Review No. PL 2010-438, based on the Findings of Fact, and subject to the conditions of approval as listed within the draft resolution. 8.2 Conditional Use -Permit No. PL 2011-058 — Under the authority of Development Code Section 22.58, the applicant, Mannikku Mairaj, and property owner, Ronald E. Albrecht, are requesting approval to operate a 3,835 square - foot tutoring center. The proposed hours of operation are from 8:00 a.m. to 6:00 p.m. Monday through Friday. The lot is' zoned Light Industrial (1) with a consistent underlying General Plan land use designation of Light Industrial. Project Address: 782-784 Pinefalls Ave. Property Owner: Ronald E. Albrecht Sterling Capital Inc.. 8502 E. Chapman, #184 Orange, CA 92369 Applicant: Manikku Mairaj Ranmal Educational Services 801 Brea Canyon Road Diamond Bar, CA 91789 Environmental Determination: The project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to Article 19 under Section 15301 (existing facility) of the CEQA Guidelines. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. PL 2011-058, 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: 10. STAFF COMMENTS/ INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future proiects: APRIL 26, 2011 PAGE 4 PLANNING COMMISSION AGENDA 11. SCHEDULE OF FUTURE EVENTS: PARKS AND RECREATION COMMISSION MEETING: CITY COUNCIL MEETING: PLANNING COMMISSION MEETING: TRAFFIC AND TRANSPORTATION COMMISSION MEETING: 12. ADJOURNMENT: Thursday, April 28, 2010-7:00 p.m. Government Center/SCAQMD Hearing Board Room, 21865 Copley Drive Tuesday, May 3, 2011 - 6:30 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Tuesday, May 10, 2011 — 7:00 p.m. Government Center/SCAQMD Auditorium 21865 Copley Drive Thursday, May 12, 2011 - 7:00 p.m. Government Center/SCAQMD Hearing Board Room, 21865 Copley Drive MINUTES OF THE CITY OF DIAMOND BAR aD AFT REGULAR MEETING OF THE PLANNING COMMISSION MARCH 22, 2011 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: Commissioner Lee led the Pledge.of Allegiance. 1. ROLL CALF: Present: Commissioners Kwang Ho Lee, Jimmy Lin, Steve Nelson, Vice Chairman Jack Shah, and Chairman Tony Torng. Also present: Greg Gubman,,Community Development Director; Brad Wohlenberg, Assistant City Attorney; Grace Lee, Senior Planner; Natalie Tobon, Planning Technician; and Stella Marquez, Senior Administrative Assistant.. Also Present: John Douglas; Housing Element Consultant 2. REORGANIZATION OF THE PLANNING COMMISSION: q a) Selection of Chairman: C/Torng nominated Commissioner :Shah to serve as Chairman of the Planning Commission. C/Lee seconded the nomination. There were no other nominations offered. Commissioner Shah was unanimously elected to serve as Chairman of the Planning Commission by the following Roll Call vote: C/Lee Yes C/Linn Yes . C/Nelson Yes C/Shah Yes` C/Torng Yes b) Selection of Vice Chairman: C/Torng nominated C/Leeto serve as Vice' Chairman of the Planning Commission. C/Nelson seconded the nomination. There were no other nominations offered.' Commissioner Lee was elected, to. serve as Vice Chairman of the Planning Commission by the fo.Ilowing Roll Call vote: L DRAFT�`. MARCH 22, 2011 PAGE 2 PLANNING COMMISSION C/Lee abstain C/Linn Yes C/Nelson Yes C/Torng Yes Chair/Shah Yes 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 4. APPROVAL OF AGENDA: C/Torng moved, C/Nelson seconded, to move Agenda Item 8.2 prior to Agenda Item 8.1. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Nelson, Torng, VC/Lee, Chair/Shah NOES COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5. CONSENT CALENDAR: 5.1 Minutes of the Regular Meeting of February 8, 2011. C/Nelson moved, VC/Lee seconded, to approve the February 8, 2011, minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Nelson, Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 6. OLD.BUSINESS None 7. NEW BUSINESS: None 8. PUBLIC HEARINGS: 8.2 General Plan Amendment No PL 2011-43 (2008-2014 Housing Element., Update Pursuant to state law, the proposed project is the update to the City's General Plan Housing Element for the 2008-2014 planning period. PROPERTY ADDRESS: Citywide PROPERTY OWNER: Citywide APPLICANT: City of Diamond Bar MARCH 22, 2011 PAGE 3 PANNING COMMISSION CDD/Gubman introduced John Douglas, JHD Consulting, who presented staff's report. Mr. Douglas stated that in January 2011, the City received a letter from the State of California indicating that if the City adopts the Housing Element in the form before the Planning Commission this evening, it will meet all of the requirements of state law and will be certified. He elaborated on the certification process and CDD/Gubman presented information regarding the proposed and potential rezone sites contained within the Housing Element. Mr. Douglas talked about special needs housing consisting of "Emergency Shelters," "Transitional and Supportive Housing," and "Reasonable Accommodation for Persons with. Disabilities." On April 19 staff expects the City Council to review this item and following Council adoption of the Housing Element, staff will move into the implementation phase which will include the zone changes and code amendments. .'CDD/Gub.man recommended that the. Planning Commission recommend City Council approval of General Plan Amendment No. PL 201.1-43 (2008-2014 Housing Element update). C/Nelson asked for an explanation of "transitional and supportive housing" and Mr. Douglas responded that it refers to housing that is designated for persons that are "at -risk" of homelessness. C/Nelson asked if it had anything to do with people with criminal records. or substance. abuse issues and Mr. Douglas said he believed those kinds of programs could have persons with these sorts of problems that are often considered a disability. C/Nelson said he recalled that there was some discussion about the number and distance apart of some of these facilities and asked if that was included in the Housing Element. CDD/Gubman explained that there was a Code Amendment done for "Group Homes last year which established distance criteria for sober living facilities and boarding facilities and similar types of uses the City would need to provide for minimally. Emergency shelters are not part of the criteria for group homes, substance abuse and parolee probationary housing which are different from the items being discussed within the Housing Element, and are, in addition, subject to discretionary review. The emergency shelters would be for persons who are destitute and what would be envisioned for these emergency shelters would be churches such as Calvary Chapel, for example.- While not limited to churches, staff `believes those institutions in Diamond Bar have facilities that would be the most logical locations to accommodate 'emergency housing needs. VC/Lee asked what kind of housing was contemplated for multi -family units. Mr. Douglas responded that the law does not specify whether it needs to be DDRAFT MARCH 22, 2011 ' PAGE 4 PLANNING COMMISSION apartments or condos but the law does say that cities cannot specify that it only be condos. The law has to allow multi -family rental housing. What is presented in the Housing Element is exclusively residential and does not include commercial. C/Lin asked if "target quota" meant the City did not have to comply, and, Mr. Douglas said he believed the best answer was that the state legislature understands that cities do not have total control over the development process. There are certain regulatory requirements that have to be in place in order for housing to be built, including affordable housing. State law holds . cities responsible for the things over which they have control. Cities can adopt regulations but if there is nota developer that wishes to build under those regulations it will not happen except in situations such as a Redevelopment Agency wherein the City could act as a developer. C/Lin said he was curious about whether the demographics for 2007 were substantially different from the 2010 census data. Mr. Douglas said staff does not know yet because the 2010 census information that has been released is the most basic of information and there is a lot of other data that will come out over the next couple of years. When talking about the City's "fair -share" needs that drives this process, it is good to.remember that those needs were established in 2007 by SCAG based on the growth forecast and the demographics they knew at that time. When compiling information, the cities cannot go back and revisit or change those numbers. Those were the numbers that were set in concrete and that is what the cities have to live with until the next set of numbers become available. C/Lin asked if Diamond Bar currently has high-rise units and CDD/Gubman: said that at present, the City has two-story units and has nothing that would be considered mid or high rise. He believed that to achieve 30 -units per acre (a 50 percent increase over the current maximum density) would necessitate minimum three-story developments. Mr. Douglas said he has seen many projects that are three-story projects that are about 30 -units per acre. C/Lin asked if affordable housing means subsidized housing and Mr. yes." C/Lin asked how such units would be Douglas responded "generally; subsidized and Mr. Douglas said that it comes back to .what was. being discussed earlier, that cities do not have total control over the development process. Cities such as Diamond Bar certainly, do not have lots of excess General Fund money to subsidize housing which is. one of the reasons this Housing Element is referred to as a "planning" target and not a "quota. Cities that do not have funds that they can devote to housing means that the only way affordable housing can .be built is through a subsidy from some MARCH 22, 2011 PAGE 5 PLANNING COMMISSION other source such. as the federal government, state government, redevelopment agencies, etc. The legal framework .that cities work in understands that a lot of. things have to line up in order for subsidized affordable housing to be built and cities being held responsible for those portions of it that they have control over which is primarily zoning and development standards. Mr. Douglas further explained that typically, the way. affordable housing is built is most .often by non-profit developers. If, for example, a non-profit developer was interested and could assemble the sources of subsidy funds necessary to provide such a product, they would come to the City, submit an application, go through the development review process, etc., and under those circumstances the City would not be required to contribute any money to the project. C/Torng asked if the City had to notify the City of Industry and the Water District as property owners before proposing those properties within the Housing Element. Mr. Douglas responded that the City of Industry was notified through the Housing Element process as an adjacent jurisdiction. All surrounding communities are notified of the proposed General Plan Amendment. When the City moves forward to the zone change stage of the process, certainly the property owner would be notified through the typical notification process. Certainly the City of Industry would be notified and have an opportunity to come and comment and as the property owner, the City of Industry would make the final decision about what development to pursue on those properties. If the City of Industry were to decide not to pursue any development at this time, .there is nothing in the Housing Element or the zoning that would require or override the City of Industry's desire. C/Torng felt that potentially there would be a major. population increase, additional traffic, etc., if 400 plus units were built in. Tres Hermanos, for example and most likely no one. would complain because there are no residents in, the area so these sites are likely rendered redundant in the future. Mr. Douglas said the zone changes that are referenced in the Housing Element will not happen with adoption of this element because that is a separate process that would come at a later time and will come back to the Planning Commission and City Council for further consideration at which time there would be a thorough environmental review of traffic, noise, air- quality, and all other issues investigated through the environmental review process.C/Torng asked if a Specific Plan would be developed for this type of development. ACA/Wohlenberg stated that his office looked at the issue of the environmental review as well and at this point in .the process it is too speculative to come up with the information the Cityi would need to make environmental determinations because at this point no one knows how many units there will be and how many trips per day those units will generate so MARCH 22, 2011 PAGE 6 PLANNING COMMISSION those decisions, by necessity, have to be put off to a later stage where things get more specific. C/Torng- again- asked- if a Specific Plan would be developed forthis kind of a location when the site is rezoned. CDD/Gubman said that was a possibility. The portion of Tres Hermanos that lies within Diamond Bar is about 700 acres so one scenario would be to do a Specific Plan for all of Tres Hermanos that would include the parcels that are specifically being considered for a zone change. In fact, the City approached HCD with the idea that there would be an overlay over the entirety of Tres Hermanos that would state that the planning for Tres Hermanos shall be in the form of a Specific Plan and that Specific. Plan shall include program elements to have an affordable housing component among the entire palette of uses that the 700 acres could be planned for. The HCD carne back to the City and said they would expect the City to complete a Specific Plan in an unreasonably short period of time so although he believes a Specific Plan is. the best strategy for Tres Hermanos, the only approach that HCD would accept in the Housing Element was for the City to look at rezoning specific properties within Tres Hermanos. Staff can comply with that and follow through with the rezoning. The City of Industry can say thank you very much for rezoning our property, but we have no interest in developing it and we have a big plan that we will look into in the future. CDD/Gubman said that C/Torng made a good observation and felt it was likely that all of Tres Hermanos would be master planned and this would become one component of that master plan. But if that does not happen Diamond Bar has satisfied its obligation by rezoning at least 15 1/2acres. C/Lin asked for confirmation that adoption of the Housing Element as part of the General Plan update would provide that the land use map for the City of Diamond Bar would identify this area, as a high-density 30 -unit per acre land use and ACA/Wohlenberg responded that Chair was correct. Chair further commented that this adoption would not provide legal right for development. ACA/Wohlenberg said that an applicant would still have to do a zone change and bring a project forward for consideration and other steps would have to take place before anything could be built, Fr, Chair/Shah asked if the City would have to go back to the drawing board if the City of Industry said* thanks but no thanks to this amendment. CDD/Gubman'said that the City of Industry would not have any veto authority. The City Council is the lawmaker in Diamond Bar and the City of Industry could object to the rezoning but it is the City Council that makes the decision on land -use matters in the City. The City of Industry could have the ultimate veto power by electing not.to develop the property at all or as the property owner, they could elect to develop it at a lower density than what would be allowed. For example, if the City of Industry develops housing but. R DRAM MARCH 22, 2011 PAGE 7 PLANNING COMMISSION it is not at 30 -units per acre, then that puts Diamond Bar in the position to have to locate other land to compensate for that shortfall that can no longer be accommodated on the site. ;Chair/Shah` asked if when submitting a plan does. the City have to have an alternative site or is one site okay? Mr. Douglas reiterated that the way the law works is that the City is required to identify enough sites in the Housing Elements that can accommodate the City's need. So the sites that staff has shown the Commission tonight would accomplish that goal. When this gets to the City Council, the Council could decide those were not good sites and ask staff to find or consider other sites. But for purposes of satisfying the requirements, staff believes that what, is in the proposed amendment satisfies the requirements. There is another related portion of state law that CDD/Gubman alluded to and that is if these sites were to be developed for something other than housing or for low density housing, the housing would then be required to amend the Housing Element to identify other sites that would satisfy the City's needs. Chatr5ha`h4 asked if the emergency shelter was required to accommodate so many people a, certain number of square feet per acre. Mr. Douglas explained that when staff comes back with the ordinance to implement the emergency shelter zone, the City has the authority to establish a variety of standards and regulations that would cover those emergency shelters and it includes things like the maximum number of beds, parking, landscaping, lighting, management plan, etc." ChairlSfah asked if transitional housing meant that no one lived there on a permanent basis. Mr. Douglas said RC,1hair/Shah` was correct. Transitional Housing is typically a limited term. The difference between Emergency Shelter and Transitional Housing is usually about six months. Typically, an Emergency Shelter, would not allow anyone to stay there longer than six months; Transitional or Supportive Housing often times could be a year or two and it is intended for families as opposed to a group home situation. Transitional Housing is typically for families in a single family home, condo or apartment unit and it is typically run through non-profit agencies that have standards such as clean and sober; zero tolerance for drug and alcohol abuse to be a participant in the programand it is a very different situation than some of the group homes the Commission discussed about six months ago. hl R AFT. MARCH 22, 2011 PAGE 8 PLANNING COMMISSION asked if the distance criteria applied. Mr. Douglas reiterated that cities , , .cannot establish any regulations on transitionaland. supportive housing units that t do not apply to the entire City for a regular single family home. So unless a City had separation requirements for single family homes which they do not, then cities cannot establish any kind of separation requirements for transitional and supportive units either. ChalrlShah asked if when this is identified, the City has to address the improvements to infrastructure to those areas. Mr. Douglas reiterated that those issues would be part of the process to review the zone changes during the environmental review process that looks at the site-specific details because as ACA[Wohlenberg mentioned, that level of detail is not yet available. Staff has identified a relatively large area that contains quite a bit more land than needed to meet the requirements for rezoning so as the City goes through the process to- identify exactly which areas are appropriate to be rezoned that review of infrastructure, traffic and so forth will take place. Chair/Shah opened the public hearing. With no on I e present who wished to speak on this matter, Chair/Shah closed the public hearing. C/Torng moved, VC/Lee seconded, to recommend City Council approval of General Plan Amendment No. PL 2011-43 (2008-2014, Housing Element update). Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: Lin ABSENT: COMMISSIONERS: None C/Lin said he voted "no" because this is a, target and not a quota which means to him that the City does not have to follow the state's instructions or requirements and when he was in another. area. of politics he had an unsatisfactory experience with affordable housing. It can cause a lot of fiscal problems for the City because the tax it receives is not close to paying forthe services provided to high-density housing. 8.1. Variance No: PL 2010-422. — Under the authority of.,Development Code Section 22.54, the applicant, Gordon T..Myers and property, owner, Steven Chu requested approval of variances to allow a swimming pool and a six-foot highlence within the front setback of a single family residence. The lot is '__'DR A i MARCH 22, 2011 PAGE 9 PLANNING COMMISSION zoned Rural Residential (RR) with an underlying General Plan land use designation of Rural Residential. PROJECT ADDRESS: 2615 Braided Mane Drive Diamond Bar, CA 91765 PROPERTY OWNER: Steven Chu 2615 Braided Mane Drive Diamond Barg CA 91765 APPLICANT: Gordon T. Myers Elegant Pools 31200 Landau Boulevard Cathedral City, CA 92234 C/Lin recused himself from consideration of this project because he owns property within the .radius notification requirement and left the meeting: PT/Tobon presented staff's report and recommended Planning Commission denial of Variance No. PL 2010-422, based on the Findings of Fact. Staff has concluded that three of the five findings required to grant the variances cannot be made. VC/Lee asked why. staff brought a request to the Planning Commission to deny a Variance. ACA/Wohlenberg responded that if an application is received for a variance there needs to be a decision made and that decision has to be made by the Planning Commission. Staff conducts its analysis and brings forth a recommendation to the Planning Commission but the Planning Commission has to ultimately make a yes or no decision on the Variance application. VC/Lee said in his experience' with several other cities, the Variance was not processed before the Planning Commission. Are those cities wrong or is Diamond Bar too accommodating? ACA/Wohlenberg said he was not sure what those cities' processes would be but in all of the jurisdictions in which he works, an application may go forward with a recommendation of denial and generally, applicants like to avoid -that because it tends to be a recommendation _ that carries. significant 'weight With.. the Planning Commission. He has .seen agencies encourage applicants to make changes so that staff does. not have to put a denial recommendation on the project but ultimately, `if the applicant wants it to move forward .with the denial application, that is what staff will do, RAFT MARCH.22, 2011 PAGE 10 PLANNING COMMISSION C/Torng said he knows "The Country Estates" decision is irrelevant to the City's decision but he asked if the The Country Estates denied this project. PT/Tobon responded that "The Country Estates" approved the project. Chair/Shah opened the public hearing. Ron Stubna, Landscape Architect for the proposed project, stated that about eight months ago his firm was approached by the owner, Steven Chu who purchased the home six or seven years ago. Mr. Chu was not the person who rebuilt the home. As Mr. Chu has, remodeled the home they have decided to add other amenities. The patio has shifted and is severely cracked so Mr. Chu asked his firm to design a new patio, pool, spa, barbecue, etc. At that point, Mr. Chu was not aware of the front yard issue because the pool is set to the side and toward the rear of the house. As this progressed through the association approval and approached the City, he and Mr. Chu learned that they would have to ,go through this Variance process. There are hedges along the front of the property which have been in existence long before Mr. Chu bought the property and those hedges do a very good job of screening where the pool would be. Even without those hedges, there is about eight feet of landscaping that can be used to screen the pool from the street. Braided Mane is a cul-de-sac so there are only six residents to the south of this property. Mr. Chu's house is set at a 45 degree angle at the intersection and he believes that is why there is a problem that warrants approval of a Variance. The other design issue of concern was the topography which is a 11 slope at the rear of the house and his firm wanted to make certain that that rear area remained in a natural condition. In fact, as part of the reconstruction process, the slope overlooks the canyon and the project will bring a lot of the native plant, material back onto that slope.to stabilize the slope and blend into the magnificent canyon view. In addition, he has learned that a six-foot high wrought iron fence is not required and they could reduce that to a five-foot high wrought iron fence as required by the building code. "The Country Estates" said that if there was an issue with a view of the pool that they would approve a block wall to completely mask the pool. Between the existing hedge and vegetation planned, there should be sufficient imasking: ad view of the. landscape plan, Gordon Myers,. owner, Using an overhe Elegant' Pools, pointed out the front entrance to the house. and the garage door entrance: Because ofthe way the house is situated, the entrance is actually on the,side of the house. Mr. Stubna pointed out that it is quite common to have unique situations with a combination of the topography and positioning of the homes in "The Country Estates" and for whatever reason, theconstruction of the home allowed fora flat place where the .pool is R° MARCH 22, 2011 PAGE 11 PLANNING COMMISSION planned. He felt it would be an environmental negative to have to put in huge walls which require increased maintenance with natural earth movement, therefore, believes the proposed site is the safest and most convenient place to build the pool. Mr. Myers said this pool is proposed to be 3 �/2 feet maximum depth and found the proposed site to be the best and safest location. The pool could be brought within the limits of the side yard setbacks and he believed the concern was whether this was a front yard or a side yard and when facing the property it appears to be on the side yard. Chair/Shah closed the public hearing. VC/Lee asked if staff had any other suggestions for compromise. CDD/Gubman said he believed there was a fundamental policy question that staff asked the Commission to consider and that is whether the applicant should be entitled to a pool, and on this property the only way to achieve that would be to encroach into the setbacks and of course, that leads to the variance request. It is true, given that there is very little flat pad, this area where the pool is proposed being the one viable location, there is no other option for them. So the fundamental question becomes that given this is the only available location for the pool without going through an extraordinary expense to build up .a pad area in the rear, is that sufficient to warrant the granting of this variance or, should a pool simply be considered a. luxury rather than a right. Either the applicant chooses to make. a bigger footprint, or take into account that this is a difficult property and planning needs to take place before any development occurs for the types of the amenities the applicant would like to have within the constraints of the code. Staff would agree that there is no other place on the site to put a pool. But on the other hand., staff does not believe it can make the necessary findings to recommend that the Commission approve this variance. C/Nelson said that several weeks ago he was.very concerned about some retaining walls that were not just a little bit above the City's Development Code but a lot above the City's Development Code, He continues to hold the belief that if the City gives variances that are extreme, even though the existing pools in the area that were developed under the County Code, then the City is simply diluting its Development Code. So he will support the denial and not support the approval of the pool because he.does not want this City to be a blank check to develop whatever.an applicant wants. Chair/Shah said that staff has studied the issues and brought up several concerns; none of .'which were.addressed by.. the. applicant despite the applicant being aware of,those concerns: Second; he.agrees with C/Nelson that if the City is going to dilute the regulations in place, there is no purpose r�' � BRA - MARCH 22, 2011 PAGE 12 PLANNING COMMISSION, to having regulations. As an architect, he cannot necessarily agree with all of the arguments made by the applicant not having been offered an alternative. He understands that it is a matter of cost. On the other hand, it is a matter of choice. He respects the desire of the applicant and their effort in designing the site. However, he sees that several of the items identified in staff's report indicates that this variance should be denied. VC/Lee moved, C/Nelson seconded, to adopt staffs recommendation that the. Planning Commission deny Variance No. PL 2010-422, based on the Findings of Fact. Motion carried by the following Roll Call.vote: AYES: COMMISSIONERS: Nelson, Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin CDD/Gubman stated that all Planning Commission decisions may be appealed to the City. Council. An appeal of the Planning Commission decision must be filed with the City Clerk within 10 calendar days of the Planning Commission's decision. Should anyone wish to file an appeal they are instructed to contact the City Clerk for information about filing an appeal and/or obtaining an appeal petition. 9. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: VC/Lee thanked his colleagues for supporting him as. the Vice Chairman and offered his support to Chair/Shah, the Commission and residents. C/Torng congratulated Chair/Shah and VC/Lee on their appointments and wished them the best. He thanked staff for their good job this evening. Chair/Shah thanked his colleagues for the opportunity to serve the City as the Planning Commission Chairman. He thanked staff for their support during his tenure with City Commissions. :10. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman congratulated Chair/Shah and VC/Lee on.their appointments' to their current positions on the Planning Commission. He. said to call or email if there' are any questions about future agenda items. He has enjoyed R MARCH 22, 2011 PAGE 13 PLANNING COMMISSION working with all of the Commissioners and looks forward to working with the new Chair and Vice Chair for the coming year. CDD/Gubman stated that the Planners Institute was held in Pasadena last week. He attended two of the three days and felt the overall program was less interesting and included more retreads of previous sessions. There was a good session on medical marijuana by a colleague of CA/Jenkins who jointly wrote an article with him on the matter. It was interesting to hear other cities' challenges in dealing with this kind of business growth throughout the state. The budget issues that took a lot of previous year's session time has been somewhat supplanted by the current controversy about eliminating redevelopment agencies. As far as new planning concepts and trends, there was not really a whole lotof interesting new stories for folks to tell which is probably a symptom of the economic downturn where there just has not been enough development activity to see new interesting things occur in the last few years: With that said, he wanted to reassure the Commissioners that they did not miss a whole lot. CDD/Gubman stated that the next Planning Commission is scheduled for April 12 and the Commissioners will hear requests for a cell site on a wireless telecomunitations facility - a streetlight on Diamond Bar Boulevard as well as, a new single family residence bn Wagon Train. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Torng adjourned the regular meeting at 8:50 p.m. The foregoing minutes are hereby approved this 12th day of April, 2011. Attest: Respectfully Submitted, i GregGubman it Community Development Director Jack Shah, Chairman. �" B F T MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 12, 2011 CALL TO ORDER: Chairman Shah 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: Commissioner Lee led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Jimmy Lin, Steve Nelson, Tony Torng, Vice Chairman Kwang Ho Lee and Chairman Jack Shah. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; David Alvarez, Assistant Planner; Natalie Tobon, Planning Technician; 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 March 22, 2011. C/Torng moved, VC/Lee seconded, to continue the Minutes of March 22, 2011, for corrections. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Nelson, Torng; VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None' 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review No. 200.7-25 and Tree Permit No. 2007-06 Request for a one-year time extension 'of the Planning Commission's approval for a new 9,513 square foot, new single.family residential project on a 51,401 gross square foot (1.,18 acre) lot. The project site is zoned - Rural Residential (RR) with a consistent underlying, GeneralPlan land use designation. The project was approved on February 10 2009, with a two 2M, AFT .APRIL 12, 2011 PAGE 2 PLANNING COMMISSION year timeframe to. obtain building permits and begin construction; however, Diamond Bar Municipal -Code Section 22.60.050 authorizes the Planning Commission to grant a one-year time extension. PROPERTY ADDRES: 2706 Indian Creek Road Diamond Bar, CA 91765 PROPERTY OWNER: Basant Bhatia 17753 Via San Jose Rowland Heights, CA 91748 APPLICANT: Pete Volbeda 180 N. Benson Avenue, Suite. D Upland, CA 91786 PT/Tobon presented staff's report and recommended Planning Commission approval of a one-year time extension for Development Review No. 2007-25 and Tree Permit No. 2007-06, based on the Findings of Fact, and subject to the conditions of approval as listed. within the Resolution. Chair/Shah opened the public hearing. Pete Volbeda, applicant, requested the one-year time extension and said if the extension was approved that all approvals for the development would be received within that timeframe. Chair/Shah closed the public hearing. VC/Lee moved, C/Nelson seconded to support staff's recommendation . and approve a one-year time extension for Development Review. No. 2007-25 and Tree Permit No. 2007=06; based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Nelson, Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS None 7.2 Development Review PL 2010-289 - Under the authority of Development Code Section 22.48, the applicant, Stuart Beck, and they property owner, e and Hai Nguyen requested approval to demolish an existing residenc RAFT APRIL 12, 2011 PAGE 3 PLANNING COMMISSION construct.a new 7,432 square foot single family residence on a 1.88 gross acre (82,015 square foot) lot. The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation. PROJECT ADDRESS: 3010 Wagon Train Lane Diamond Bar, CA 91765 PROPERTY OWNER: Hai Nguyen 3057 Windmill Drive Diamond Bar, CA 91765 APPLICANT: Stuart Beck 2915 Redhill Avenue, Suite G102 Costa Mesa, CA 92626 PT/Tobon presented staff's report and recommended Planning Commission approval of Development Review No. PL 2010-289; based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution: C/Lee asked if the City needed any specialor specific, requirements for plumbing for indoor pools. CDD/Gubman said there would be specific requirements for indoor pools in enclosures that would deal with moisture retention on the inner surfaces as well as, drainage and maintenance, all of. which would be part of the plan check review process to ensure; that all of the appropriate materials, membranes, protective coatings needed to facilitate the installation are up to code. The plumbing requirements are under the umbrella of the condition requiring that the applicant shall comply with the building codes including the 2010 California Building Code that was recently adopted by the City. C/Lin said he assumed that this system would be connected to a sewer system rather than a septic systen. '' PT/Tobon responded that according to the standard conditions, one of the public works conditions is that at the applicant's full `cost and expense shall. construct . the sewer, system, in accordance with the City, and sewer plans' must be submitted for review and approval by the City's Building and Safety Department. C/Lin asked if, the site plan typically includes a septic tank system as _part of the process or is this purely an. engineering review.. process. CDD/Gubman explained that there is an available sewer and by City Code, the applicant would need to connect to the City's sewer system. 0DR, F APRIL 12, 2011 PAGE 4 PLANNING COMMISSION C/Torng asked if there was any protected tree that would be removed from - the landscape and PT/Tobon- responded -that there are no protected trees on the property. Chair/Shah asked about the cut and fill. PT/Tobon explained that the applicant will be exporting 350 cubic yards for the footing and pool. Chair/Shah opened the public hearing. Stuart Beck, applicant, said he was present to answer questions. Jen and Ting Huang, 3000 Windmill Drive, Diamond Bar, "CA, asked for the Commission to consider the fact that this building would be located in front of their home because their entire 240 foot front view would be impacted by this two-story building. She asked if the building could be set back further to prevent the building from them so it would not be so close to their property. Ting Huang said that he lived in "The Country Estates" for the country view and he would not expect to have a big "apartment" in front of him. The original house was 2400 square feet and now it will be three times the size and there will be a 240 foot wide two-story building in front of him. Because the hill slopes up,. the building will appear to be much taller than if he built on the other side of the property. There will be a severe impact to his family life and he does, not think it is compatible with the neighborhood. The land on the other side of this is empty. He has lived for 10 years with the previous owner. Their home is a single. story. They never expected to have such a big "apartment next to them. Stuart Beck responded . to the speakers that with respect to the height issues, one of the early design features presented by the homeowner was to not maximize his two-story design element and wanted to spread his square footage out to soften the massing. The majority of the houses along the street are one-story homes. The applicant's home has 360 feet of curb along Windmill and only 86 feet along the curb is two-story with the remaining 122 feet of the house being one-story. Said another way, 64 percent of the house frontage is one story and 36 percent is two story. Many houses within "The Country Estates" are two-story from side yard setback to side yard setback.: With respect to the comment about pushing the structure back farther on the site, the applicant is keeping some of the dirt and expanding thesite; back to. the rear yard .and the house was pushed back as far as possible without causing problems with the code` issues pertaining to location of the house to the top of slope. So the OR A APRIL12, 2011 PAGE 5 PLANNING COMMISSION do everything possible to minimize the two-story massing: Mr. Beck said he believed that this was not the neighbor's primary view because the back of the house looks out over unimpeded natural topography. The view they are. concerned about is the street view that this building is impeding. Chair/Shah closed the public hearing. There were no ex parte disclosures. C/Lin agreed that the structure appeared. somewhat massive across the front but not in height. The design is in compliance with the City's Codes and regulations. And while he believes it is fairly gigantic in terms of width he saw no reason to deny the application on that basis. C/Nelson said he agreed with C/Lin. He said he was not indifferent to the neighbor's concern but in terms of neighborhood compatibility, while he has served on the Commission it has approved up to a 23,000 square foot home in "The Country Estates" and standards typically range from 8,000 to 12,000 square feet. This particular project meets all of the Development Code requirements and said he felt it would be well beyond this Commission to deny this request when it is within the Code. In addition, he places a lot of faith in staff's report and analysis which states that the proposed structure is compatible. Chair/Shah said he shares the opinions of his colleagues. He understands the neighbors' concerns and he is sensitive to those concerns. He is in a similar business and can visualize that the building is massive and will be somewhat imposing but because the greater portion of the building is only a single story and since it complies with all codes and regulations the Commission has a responsibility to act within its powers while remaining sensitive. C/Lin moved, C/Nelson seconded, to approve Development Review No. 2007-25 and Tree Permit No. 2007-06, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Nelson, Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 'DRA"T APRIL 12, 2011 PAGE 6 PLANNING COMMISSION. CDD/Gubman stated that all Planning Commission decisions may be appealed -to the City Council. Anappealof the - Planning Commission decision must be filed with the City Clerk within 10 -calendar days of the Planning Commission's decisions this evening. If anyone wishes to file an appeal they are instructed to please contact the City Clerk for information about filing an appeal and obtaining an appeal application. 7.3 Conditional Use Permit No. PL 2010-355 - Under the authority of Diamond Bar Municipal Code Section 22.58, the applicant requested approval to remove an existing Edison streetlight pole located on the Diamond Bar Boulevard public right-of-way north of Tin Drive and replace it with a similar light pole equipped with cellular telecommunications antennas and associated ground mounted equipment. . PROJECT ADDRESS: Public. Rights of Way on Diamond Bar Boulevard and 760 S. Diamond Bar Boulevard PROPERTY OWNER: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 APPLICANT: Sequoia Deployment Services On behalf of T -Mobile Monica Moretta One Venture, Suite 200 Irvine, CA 92616 AP/Alvarez presented staff's report and recommended Planning Commission approval of Conditional Use Permit. No. PL 2010-255, based on the Findings of Fact, and subject to the conditions of approval as listed within the Resolution. C/Nelson asked what happened to the antennas that had the big arms that stuck out with the big plates that look like satellites. He asked ,if he was correct that these antennas are completely different than what the Commission had previously considered. AP/Alvarez explained that these are antennas within the right-of-way and stated there would continue to be the typeof antennas C/Nelson described in parks. C/Nelson asked for confirmation that these antennae would not affect the banners honoring service people and AP/Alvarez-responded that C/Nelson was correct. C/Nelson asked if landscaping was planned around the box at the bottom of the pole and AP/Alvarez responded no, but staff conditioned the APRIL 12, 2011 1 PAGE 7 A@ DRAFT approval to.paint the equipment dark green to blend in with the vegetation. C/Nelson asked if there was enough room between the equipment and the sidewalk to plant shield material. CDD/Gubman responded that staff initially pursued the desire to landscape and screen the above -ground equipment. The problem is that there is no irrigation equipment in the area. It is all non -irrigated established landscaping so after consulting with the Director of Community Services it did not appear to be a viable option to install plant material and bring irrigation equipment from as far away as Tin Drive to sustain the material. C/Nelson asked if it was a four -foot box. AP/Alvarez responded that the vents are on the side and there are two vents on the back which are approximately seven feet back from the right- of-way and the boxes are 34 inches in height. There is one 36 inch box and one 50 inch above -ground pedestals.. He showed a current location with similar boxes and pedestals on North Golden Springs south of High Knob. C/Nelson asked what it would entail if the Commission were to include a condition for vegetative screening. CDD/Gubman said it would be necessary to connect to a water line and provide a meter for this particular location. It would not be something that would. be legal to tie into the homeowner's association for the Pulte Homes off of Tin Drive and but, it would, require pulling irrigation from an existing line either from Tin Drive or under Diamond Bar Boulevard or from Gold Rush. C/Nelson recalled that the Commission required screening for boxes on Diamond Bar Boulevard at the Pulte Homes development and wanted to make sure the City did as much as possible to screen these structures. If the City. required screening for the Pulte Homes development, why wouldn't the City require the same thing for this project and CDD/Gubman said that the Commission has the authority to require that as long as it believes it is necessary to make this installation compatible with the surroundings, and in order to do that it would require that the irrigation be extended to that point. During review of this project, staff felt that the benefit of reaching the site with irrigation to serve a rather small project area wasn't really warranted so staff looked at the alternative of painting the sheet metal a color that is less objectionable. However, it is within the Commission's, discretion to require additional screening or continue this matter and ask staff to look into it further. C/Lin asked if it was possible to put the pedestals underground and AP/Alvarez referred C/Lin to the applicant. C/Lin said he lives in the neighborhood, and was told that the light bills for the three poles are currently, paid by the Diamond Hills Homeowners Association and they may have ownership of those.three poles. CDD/Gubman responded that they are Edison lights. Chair/Shah asked what would happen if someone C APRIL 12, 2011 PAGE 8 PLANNING COMMISSION lost control of their vehicle and hit the box, would it impact the service? AP/Alvarez referred-Chair/Shah to the applicant._ CDD/Gubman asked AP/Alvarez to put up the view of the street view that highlights the location of the proposed antenna so the Commissioners can see how many light poles the project is away from Crestview. CDD/Gubman said that in addition to the signal mast, it appears the project would. be on the fourth pole from the corner. AP/Alvarez said he would need to make a correction on the fourth line of the summary to indicate it would be the "third" pole rather than the second pole from Tin Drive. CDD/Gubman said it appeared that the site plan also did not include all of the streetlight locations based on the photo of the field conditions so it would necessitate an additional correction to what is in the staff report. Monica Moretta, Sequoia Deployment Services, stated that T -Mobile reviewed staffs report and the conditions of approval and T -Mobile agreed with and intends to comply with the conditions as represented without change. Regarding landscaping for the vent and boxes, T -Mobile could propose to have dry vegetation to be placed to hide the visibility from the street. Dry vegetation usually requires minimal irrigation and will basically survive with the rain once it is established without having irrigation transferred from Tin Drive to the specific location. With respect to placing these elements underground, the meter must be available for SCE to read and the vents are utilized for venting the equipment and must be placed above -grade. All of the other elements which are considered to be more massive and intrusive are placed underground. C/Nelson said that in the past when the Commission has approved these sites, they have approved them to be fake trees. Ms. Moretta said that depended on the location. C/Nelson asked if the applicant could design a box at the bottom of the pole that would include the fake foliage no irrigation required. Ms. Moretta said that has been done. In an Orange County project, that was recently completed, there was an. issue with the vines around the wall and there was a proposal to include fake vines around the wall. It can be done to mitigate the visibility of the vents and the telecom box. C/Nelson asked if the applicant could work with staff to accomplish that and asked if CDD/Gubman felt his recommendation was reasonable. CDD/Gubman responded sure, that the_Commission could either condition this or the applicant could be directed to work out the details with staff, or the ,Commission could continue the matter to allow staff to come back with samples. C/Nelson said he was not sure he liked APRIL 12, 2011 PAGE 9 PLANNING COMMISSION the dry vegetation because that typically meant something that is non- native. Ms. Moretta said that C/Nelson was correct. Chair/Shah again asked if the service would be interrupted if someone damaged the box and Ms. Moretta said Chair/Shah was correct. The vents would not affect the service of the facility but the RLH box houses the telecom wiring, and if that source is damaged, the facility will go off- line. Typically, facility designs incorporate a microwave dish that is usually there to provide telephone services in such emergencies but in this case a microwave dish cannot be incorporated because it would be very noticeable and could not be screened within the pole. Ms. Moretta said that T -Mobile would welcome a condition to screen the equipment so that the applicant can provide additional alternatives for, landscaping and screening for the above -ground equipment. C/Nelson moved, C/Torng seconded, to continue the Public Hearing for Development Review PL. 2010-289 to allow T -Mobile to return with samples of landscaping and screening of the above -ground equipment, either a fake vine or oaktree. C/Lin said he was not a fari of the fake trees but felt C/Nelson S recommendation to look at options is a good decision. CDD/Gubman asked C/Nelson to amend his motion to a date certain such as April 26. C/Nelson amended his motion and C/Torng seconded the. amended motion to continue PL 2010-289 to April 26, 2011. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lin, Nelson, Torng, VC/Lee, Chair/Shah -NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None .8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Nelson thanked AP/Alvarez for providing the existing and anticipated views of __11:.6— _U- , 14. "_ .1.,. .1 -4 -4; - -,.-4- APRIL 12, 2011 PAGE 10 PLANNING COMMISSION C/Torng announced that during the recent Friends of the Library Wine Soiree, Supervisor Don Knabe. announced _the .fundngand _investing in Diamond Bar's new library. .9. STAFF COMMENTS/INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. CDD/Gubman said that because the Library project consists of interior remodel/tenant improvements, it would not. be subject to Planning Commission review. CDD/Gubman .announced that the Housing Element will be heard by the City Council on April 19 with the Planning Commission's recommendation for adoption. On Thursday, April 28, the Parks and Recreation Commission will review the Citywide Parks Master Plan and if the Commission recommends City Council approval, on May 10 the Planning Commission will be asked to make a finding of. General* Plan Consistency/adopt a Resolution with affirmation that the Parks Master Plan is consistent with the goals and policies of the City's General Plan and to assist in that decision, staff will forward to the Commissioners, CD copies of the Parks Master Plan along with hard copies of the Executive Summary as soon as they, become available to give the Commissioners sufficient time to review the documents prior to. the May 10 meeting. CDD/Gubman reported on some of the Code Enforcement activities taking place in the City. During closed session, the City Council authorized staff to seek a court order to assign a receiver to deal with a severe hoarding situation on Decorah Lane. This situation was brought to the attention of the City through neighborhood complaints and further investigation resulted in City staff obtaining two inspection warrants and upon serving those warrants, discovered very severe hoarding conditions that . will _ require a judge to issue a court order to enable the City to eliminate these conditions. The house has been red tagged. and the occupant of the house is in danger because if emergency., service personnel needed to come to the home they would not be allowed to enter the :premises to extract persons or provide emergency care. This is also an imminent threat to surrounding residents due to the amount of combustible. storage on the property: Staff is proceeding with the receivership option as the most effective tool to eliminate these dangers. CDD/Gubman stated that the Commissioners may have heard about the shooting incident in the 1100 block of Del Sol in which an individual was .']DRAFT APRIL 12, 2011 PAGE 11 PLANNING COMMISSION shot and killed. With the property owner's consent, staff searched the premises and discovered that an auto and motorcycle repair business was being conducted inside the house which presents a number of building code and zoning violations as well as, hoarding conditions and hazmat issues with the storage of combustible and hazardous chemicals onsite. Based on that discovery, staff is moving forward to protect the neighborhood from the health and safety threat that exists at the property. CDD/Gubman reported that in addition to the continuance of the T -Mobile project on April 26, there is a room addition request on Alamo Heights in "The Country Estates" and a Conditional Use Permit for a tutoring facility. (Montessori School satellite) located on Pinefalls in the industrial area. 10.. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before. the Planning Commission, Chairman Torng adjourned the regular meeting at 8:10 p.m: The foregoing minutes are hereby approved this 26th day of April, 2011. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jack Shah, Chairman j PJA 901 ION I CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NO. 7.1 MEETING DATE: April 26, 2011 CASE/FILE NUMBER: Conditional Use Permit No. PL 2010-355 PROJECT LOCATION: Public Right -of -Way on Diamond Bar Blvd. and 760 S. Diamond Bar Blvd (Los Angeles County Assessor's Parcel Number 8701-006-905) City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Monica Moretta on behalf of T -Mobile Sequoia Deployment Services One Venture, Suite 200 Irvine, CA 92618 At the April 12, 2011, Planning Commission meeting, the Commission directed the applicant to provide screening around the ground -mounted equipment associated with the wireless telecommunications antenna mounted on a streetlight pole, and continued the matter to April 26, 2011. Specifically, the Commission asked the applicant to provide samples of artificial vegetation that could be used to screen the equipment. Staff recommends that the Planning Commission continue this matter to May 10, 2011, to allow the applicant further time to submit a proposal that addresses the Commission's concern. Prepared by: David Alvarez Assistant Pla Kner Reviewed by: Grace S. Lee Senior Planner PLANNING COIVIIVIISSIO�l AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA ITEM NUMBER: CASE/FILE NUMBER: PROJECT LOCATION: M1 April 26, 2011 Development Review No. PL 2010-438 2435 Alamo Heights, Diamond Bar, CA 91765 (APN 8713-009-002) Ming Kuo and Li Hua Chen 2435 Alamo Heights Diamond Bar, CA 91765 Manolo M. Manalo 23824 Audrey Ave #C Torrance, CA 90505 Property owners, Ming Kuo and Li Hua Chen, and applicant, Manolo M. Manalo, are requesting approval of Development Review application to add 1,643 square feet. to an existing 2,768 square -foot, single-family residence. The applicant also proposes to convert an existing 792 square -foot horse barn into a 421 square -foot pool house with an attached 371 square -foot patio cover. The existing architectural style of the structure is a 1970s ranch design with a gable roof, wood siding, stucco walls, and steel frame doors and windows. The proposed architectural style is a contemporary eclectic design with hipped roofs, cultured stone veneer, stucco walls, a cupola, vinyl doors and windows, and prefabricated columns. After evaluating the application, staff finds that the proposed Development Review proposal complies with the City's development standards and meets the findings required of the project. Therefore, staff recornmends that the Planning Commission approve Development Review No. PL 2010-438, subject to the conditions of approval contained in the attached Resolution. BACKGROUND: Site Description: The site is located in The Diamond Bar Country Estates (The Country) and is located on Alamo Heights between Lazy Meadow and Steeplechase Lane. In 1976, the property was developed under Los Angeles County standards with a single -story, 2,768 square - foot, single-family residence on a 0.81 gross acre (35,284 square -foot) lot. There are no protected trees onsite. The site is legally described as Lot 163 of Tract No. 30578, and the Assessor's Parcel Number (APN) is 8713-009-002. The proposed addition will maintain a single -story design, and the 1,643 square -foot addition will consist of the following components: New master bedroom, study room, second kitchen (also known as a wok) and a half bathroom; 0 Removal of one existing bedroom; ® Relocation and expansion of the foyer; ® Relocation and expansion of the laundry room; a Expansion of two bedrooms, living room, dining room, kitchen, and family room; "Hacienda" floor plan that includes a courtyard towards -the rear of the building; and "Cupola" that extends above the roofline measuring an additional seven feet to the highest point. The applicant also proposes to convert an existing 792 square -foot horse barn into a 421 square -foot pool house with an attached 371 square -foot patio cover. The existing building height of the dwelling is 16-4." The proposed height of the building is 23-4", measured from the finished grade to the highest point of the roofline. The height of the pool house will remain at 12'-4", measured from finished grade to the highest point of the roofline. The applicant has obtained approval from The Diamond Bar Country Estates Association. Development Review No. PL 2010-438 Page 2 of 7 Site Rural Residential North 17��al Residential RR RR Single -Family Residential Family Resi South Rural Residential RR Single -Family Resid East Rural Residential West Rural Residential R RR Single -Family Resid Single -Family Residential Development Review No. PL2O1O~438 Page 3of7 Review Authority (Diamond Bar Municipal Code (QBMQ Section 22.48) Additions to structures and reconstruction projects which are equal to 50 percent of the existing habitable floor area of all existing structures on-site or greater require Planning Commission approval of a Development Review application. Approval of a Development Review is required to ensure compliance with the City's General Plan policies, development standards and design guidelines, and to minimize adverse effects of the proposed project upon the surrounding properties and the City in general. Development Review The following table compares the proposed project with the City's development standards for residential development in the RR zone: �I , &MV UZOILOM M I I re 14TOI a The site is level with the street and no grading is required. Elevations The existing architectural style of the structure is a 1970s ranch design with a gable roof, wood siding, stucco walls, and steel frame doors and windows. The proposed Development Review No. PL 2010-438 Page 4 of 7 n FIII WIN OW -11, r�iSemdrgs- ILION 30' 30'-10" 30'-10" Yes 4 151-01, on one side & 17'-9" north side 17'-9" north side Yes 10'-0" on the other side. 28'-6" — south side 19'-3" — south side U K&. 39W" — north side 36-5" — north side Beier enA"djoining'` 25'Yes 34'-2" — south side 25-9" — south side 25' 501-3$' 50'-3" Yes R "Wg gwg a galip MINE �G TA M7910115 � MO. MM IMI O ara?Og p "�q Maximum of 30% 16.8% 22.3% Yes P G" 35'-0" 18'-8". 231-4" Yes k-M41E '400- M RnUV, 2 -car garage 3 -car garage 3 -car garage Yes I Mil ®R I �I , &MV UZOILOM M I I re 14TOI a The site is level with the street and no grading is required. Elevations The existing architectural style of the structure is a 1970s ranch design with a gable roof, wood siding, stucco walls, and steel frame doors and windows. The proposed Development Review No. PL 2010-438 Page 4 of 7 fagade remodel and addition is a- contemporary eclectic design with hipped roofs, cultured stone veneer, stucco walls, a cupola, vinyl doors and windows, and Tuscan style columns.. The applicant provided color samples which call for earth tone colors for the.exterior finishes to soften the building's visual impact. Proposed Front Elevation r• 0 • :a • - - The site was developed with a 792 square -foot horse barn in the rear of the property. The applicant proposes to maintain the footprint of the. horse barn to convert into a 421 square -foot pool house with an attached 371 square -foot patio cover. The floor plan of the pool house will consist of an entertainment/game room, bathroom, and two storage rooms. An outside bar is also proposed in the patio area. The height of the existing horse barn and roof* pitch will remain. The floor area of the proposed pool house does not exceed 30 percent of the required rear yard, as required pursuant to Diamond Bar Municipal Code (DBMC) Section 22.42.110 (1.c.1). In addition, the existing side and rear setbacks are in compliance with the development code. This structure will be architecturally compatible with the main residence. The exterior building will be renovated utilizing similar building materials and colors as the main residence, such as lightweight tile roof, stucco walls, vinyl doors and windows, and Tuscan style columns. Landscaping Landscape 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 5,000 square feet or more of the existing landscaped area was being altered. Nevertheless, the applicant submitted a preliminary landscape plan. The front yard will be 53% landscaped with trees, turf and other plant materials to soften the look of the paved surfaces, enhance the architecture, and create an overall site design that blends in with neighboring hornes and the natural environment of the site. The overall design incorporates crape myrtle, sweet shade, sweet olive, New Zealand flax, crannesbill, lily of the nile, tobira, rose, and Indian Hawthorn. All plant types will be drought tolerant and non-invasive. Development Review No. PL 2010-438 Page 5 of 7 The subject property is located within the Los Angeles County Fire Department "Very High Fire Hazard Severity Zone." Therefore, the proposed landscaping must comply with the Fire Department's Fuel Modification Plan requirements. The proposed plans will be submitted for review and approval by the Fire Department during building plan check. The 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 conform to all development standards, including building height and setbacks, which is consistent with other homes in the neighborhood; ® The proposed addition will maintain a single -story design, appropriate in mass and scale to the site; The project is designed to minimize the negative impacts on surrounding homes. A transition between the project and adjacent properties is achieved through appropriate setbacks and landscaping; and Placement and relationship of windows, doors, and other window openings are carefully integrated with the building's overall design. Adjacent Home to West Project Site Adjacent Home to East Ijmm The Public Works Department and Building and Safety Division reviewed this project, and their comments are included in the attached resolution as conditions of approval. On April 15, 2011, public hearing notices were mailed to property owners within a 1,000 -foot radius of the project site and the notice was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board was Development Review No. PL 2010-438 Page 6 of 7 posted at thp site, and a copy of the notice was posted at the City's three designated community posting sites. Public.Comments Received At the time the staff report was published, staff had not received any comments from the public. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(e) (additions to an existing structure of less than 10,000 square feet) of the CEQA Guidelines. Staff recommends that the Planning Commission adopt the attached resolution (Attachment 1) approving Development Review No. PL 2010-438, to construct an addition of 1,643 square feet to an existing 2,768 square -foot single-family residence and a 421 square -foot pool house, based on the findings of DBIVIC Section 22.48, subject to conditions of approval as listed within the draft resolution. Prepared by: Mv V a, rF6 z Assistant • Attachments: Reviewed by: 00 Gra`c. Lee Senior Planner 1. Draft Resolution Approving DR No. PL 2010-438 2. Site Plan, Floor Plans, Elevations, and Landscape Plans I. Photographs of Existing House Development Review No. PL 2010-438 Page 7 of 7 Attachment 1 PLANNING COMMISSION RESOLUTION NO.2011-XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL 2010-438 TO ADD 1,643 SQUARE FEET TO 'AN EXISTING 2,768 SQUARE -FOOT SINGLE FAMILY RESIDENCE AND CONVERT AN EXISTING 792 SQUARE -FOOT HORSE BARN INTO A 421 SQUARE -FOOT POOL HOUSE WITH AN ATTACHED 371 SQUARE -FOOT PATIO COVER ON A 0.81. GROSS ACRE (35,284 SQUARE -FOOT) .LOT LOCATED AT 2435 ALAMO HEIGHTS, DIAMOND BAR, CA 91765 (APN 8713-009-002). A. RECITALS 1. The property owners, Ming Kuo and Li Hua Chen, and applicant, Manolo M. Manalo, have filed an application for Development Review No. PL 2010-438 to add 1,643 square feet to an existing 2,768 square -foot single family residence. The applicant also proposes to convert an existing 792 square -foot horse barn into a 421 square -foot pool house with an attached 371 square -foot patio cover located at 2435 Alamo Heights; City of Diamond Bar, County of Los Angeles, California. Hereinafter in this resolution, the subject Development Review shall collectively be referred to as the "Project. 2: The subject property is made up of one parcel totaling 35,284 square feet (0.81 gross acres). It is located in the Rural Residential (RR) zone with an underlying General Plan land use designation of Rural Residential. 3. The legal description of the subject property is Tract 30578 Lot 163. The Assessor's Parcel Number is 8713-009-002. 4. On April 15, 2011, 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 1,000 -foot radius of the Project site and public notices were posted at the City's designated community postingr sites on April, ` 15, 2011 In addition to the published and mailed notices, the project site.was posted with a display board and the notice was postpd at three other locations within the project vicinity. 5. On April 26, 2011, 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 , I , NOW, .THEREFORE, . it Js 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; and 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) (additions 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) Section 22.48; 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 addition of 1,643 square feet to an existing 2,768 square -foot single. family residence and the proposed conversion of an existing 792 square -foot horse barn into a 421 square -foot pool house with an attached 371 square -foot patio cover are consistent with the City's General Plan, City Design Guidelines and development standards by meeting all of the setbacks and requirements of the City's development code: 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 has an existing single-family home and the surrounding uses are also single- family homes. The proposed addition will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single-family residence because it complies with the requirements for driveway widths. 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 Chapter 22.48: Development Review Standards, the City's Design Guidelines, the City's General Plan, or any applicable specific plan; DR No. FL 2010-289 The proposed addition is designed to be compatible with the character of the eclectic neighborhoods in The Country Estates. The proposed design of the structure is a contemporary eclectic style of architecture with earth -tone shades for the exterior finish to soften the building's visual impact. 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 single-family residence is a contemporary eclectic style of architecture. Variation in the building elements has been achieved through the utilization of varying architectural features and building materials, such as, tiled roof, cultured stone veneer and stucco walls, cupola, vinyl doors and windows, and prefabricated columns. 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 Departments, and Los Angeles County Fire Department requirements. Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 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 (6) (additions to an existing structure of less than 10,000 square feet) 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. Development shall substantially comply with the plans and documents presented to the Planning Commission at the public hearing; 2. Prior to building permit issuance, the required plans shall be designed to meet the requirements of the Los Angeles County Fire Department's Fuel Modification PlanGuidelines in terms of plant selection, placement and maintenance. The final landscape and fuel modification .plans shall be submitted to the Los Angeles Fire Department for review and approval; and 3. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. _ 3 DR No. PL 2010-289 COMMUNITY DEVELOPMENT DEPARTMENT -STANDARD CONDITIONS USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND REMODELED STRUCTURES PROJECT #: Development Review No. PL 2010-438 SUBJECT: Addition of 1,643 square -foot, single -story, addition to an existing 2,768 square -foot, single -story, single-family residence. The applicant also proposes to convertan existing 792 square -foot horse barn into a 421 square -foot pool house with an attached 371 square -foot patio cover. PROPERTY Ming Kuo and Li Hua Chen OWNER(S): 2435 Alamo Heights Diamond Bar, CA 91765 APPLICANT: Manolo M. Manalo 23824 Audrey Ave #C Torrance, CA 90505 LOCATION: 2435 Alamo Heights, 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 pp p Review No. PL 2010-438, brought within the time period provided by Government Code Section 66499:37. In the event the city and/or its officers, agents and employees are, made a party of ;any such action: 5 OR No. PL 2010-438 (a), Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. PL 2010-438, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License; and a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2011 -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. 6 DR No. PL 2010-438 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 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 depositaccounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. PL 2010-438 expires within two years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code Section (DBMC) 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to DBMC 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; architectural elevations, and landscape plans 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. 5. All ' landscaping, .structures, architectural features :and public improvements damaged during construction shall be repaired or replaced upon project completion. 7 DR No. PL 2010-438 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 Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. 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. 8 DR No. PL 2010-438 APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-70201 FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: - 1. Plans shall conform to State and Local Building Code (i.e.., `2010 California Building Code, California Plumbing Code, California Mechanical Code, and the California Electrical Code requirements and all other applicable construction codes, ordinances and regulations, in effect at the time of plan check submittal - 2: Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code'8:16 of Title 8: 4. The minimum design load for wind in this area is 95 M.P.H. exposures "C and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature: 5. This project shall comply with the energy conservation requirements of the State . of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code. 6. "Separate permits are required for site work" and shall be noted on plans. 7. Indicate all easements on the site plan. 8. Fire Department approval shall be required. Contact the Fire Department to check the fire zone .for the location of your property. If this project is located in High Hazard Fire Zone it shall meet of requirements of the fire zone. a: All unenclosed under -floor areas shall be constructed as exterior wall b. All openings into the attic, floor and/or other enclosed ureas shall be. covered with corrosion -resistant wire mesh not less than 1/4 inch or more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 9. All retaining walls shall be submitted to the Building & Safety and Public Work. Departments for review and approval. 10. Check drainage patterns with Engineering Department. Surface water shall drain away,from building at a 2% minimum slope. 1 l .- Specify location of tempered glass as required by code. 12. Bodies of water that. are greater than 18" in :depth shall have the required barriers to prevent unintentional access per CBC 3904.4. 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FU- ;' . . ; °r .. . /_/ ec j \CAL A D ENGINEERING, § (2 . , . ; !§ 'za»wHeights, " p§7ap�t§/«®��® mm,e#a . 2\. � .0 � . aQ (N NIP F (§ � | \ pill °. ; � [:i 1 ` . . -- ) 1j, \ § {�` -; 1\-.\ \ (�) .. FU- ;' . . ; °r .. . /_/ ec j \CAL A D ENGINEERING, § (2 . , . ; !§ 'za»wHeights, " p§7ap�t§/«®��® mm,e#a . 2\. � .0 1 I ..-i% --4t.' 1�--- e -RECEIVED BY THE r Cl OF DIAMOND BAR i r 1 i I I i ry r` EXISTING 'r t [ 1 iCORRALRUT ZDf 4 C PM 1• S t I i 1 1 i rl rY r* rY i i I r� 11 I I 11 1 It n 1 s EX. 7 SPA EXISTING SWIMMING POOL r---------- r ----i 1 t 1 ul u r CONCRETE II i ii r i PAVEMENT/ 1 WALK 1 1 D a A 1, �, r r. 12.09.2010 online. (424)2U1.U/8 m3architect@hotmail.com ff 4 VIEW CHEN RESIDENCE 2435 ALAMO HEIGHTS, DIAMOND BAR 91765 12.09.2010 0) [M31-0 0 mobile.(310)817.9493 online. (424)201.0788 m3architect@hotmaii.com 7■t • ...e. . PHOTOS 6 VIEW (DVIEW MINIM p 5NItie VJL �� ��i.• ipjrll• 1 r- 0) MUMMN [M3]a) mobile. (310) 817.9493 online. (424)201.0788 m3arch itect@hotmail.cam PROJECT PHOTOS (9 VIEW (DVIEW FZA NNTA K -Al ITI LOm 11,111111 lip 12.09.2010 &IEW c [M 3].2.' ommmm mobile.(310)817.949 online. (424)201.0788 m3architect@hotmaii.com -- r 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. 8.2 - MEETING DATE: April. 26, 2011 CASE/FILE NUMBER: Conditional Use Permit No. PL 2011-058 PROJECT LOCATION: 782-784 Pinefalls Avenue. (Los Angeles County Assessor's Parcel Number 8760-027-003) PROPERTY OWNER: Ronald E. Albrecht Sterling Capital 8502 E. Chapman, #184, Orange; CA 92369 APPLICANT: Manikku Malraj Ranmal Educational Services 801 Brea Canyon Road Diamond Bar, CA 91789 Summary The applicant, Manikku Malraj, is requesting approval of aConditional Use Permit (CUP) to operate a 3,835 square -foot, tutoring center at 782-784 Pinefalls Avenue. The proposed tutoring center -will serve children in; grade levels between kindergarten and sixth grade. After evaluating the application, staff finds that the Conditional Use Permit complies with the City's development standards and meets the findings required of the project. Therefore, staff ` recommends that the Planning Commission approve CUP No. PL 2011-058, subject to the conditions of approval contained in, the attached resolution. Background The project site is located. at 782-784` Pinefalls Avenue, in an industrial park at the corner of Pinefalls Ave and Lycoming Drive. The industrial park is comprised of 15 buildings and 18, parcels, and each building occupies its own lot. On October 7, 2010, staff was contacted by the Los Angeles_ County Fire Department regarding the operation of a school at the subject site. Staff conducted a site: visit on October 18; 2010, and observed a business operating at 782 Pinefalls` Avenue. Staff informed the business owner to close the business until a CUP approval was obtained, and the business ceased operation on October 25, 2010. Project Description The proposed tutoring center will provide instruction in math, reading, writing, communication, and test preparation for children between the kindergarten and sixth grade levels. Six subjects will be available each day, as described in the attached business description (Attachment 3). The proposed hours of operation are Monday through Friday from 8:00 a.m. to 6:00 p.m. Sessions for each category are 90 -minutes in length and offered for groups of three to nine students, and one -on -ane tutoring. There will be three instructors in the morning and three in the afternoon, totaling six. The tutoring center expects to have a maximum of ten students and three instructors during any subject slot. The proposed floor plan includes three individual tutoring rooms, three offices, two restrooms, and a lobby.. The proposed space is 3,835 square feet. Site and Surrounding General Plan, Zoning and Land Uses Site Light Industrial I Warehouse North South Light Industrial I� Low -Medium Density Residential RLM Warehouse Single -Family Residences East Light Industrial L Music School We Light Industrial I Warehouse ANALYSIS: Review Authoritv (Diamond Bar Municipal Code (DBMC) Section 22.58 Planning Commission approval of a Conditional Use Permit is required for the establishment of a new tutoring center. C6 inditionall .Use Permit: A,Conditional 'Use,Per.mit (CUP) is required for uses whose effect on the surrounding area cannot be.determined before being analyzed for suitability at a particular location. The -1,(Ught 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 i I t can be found that the proposed use is likely to be compatible with its surroundings, Jhe 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 there.quest. 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. Conditional Use. Permit No. PL 2011-058 tutoring center were to close after it has begun operating, a new tenant could locate in the space and operate the same type of tutoring center. ` The new tenant would be required to comply with the same conditions as:the previous tenant and would not be permitted to ` expand the tutoringbusiness without full review and approval by the Planning Commission. Cornpatibility with Neiahborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use. The project will not negatively affect the existing surrounding land uses, .and the proposed business is compatible with various .types of businesses in the area, such as The Music Stare and Dello's Dance Studio located in the industrial park, and Discovery. World Montessori elementary school located at the southwest corner of.Brea Canyon Road and Lycoming Drive: The operational characteristics of the proposed tutoring center will not be incompatible with Wayne's Automotive located next door. Wayne's Automotive is a warehouse that. stores antique vehicles for recreational use by the tenant. There is no retail, car repair, or services provided to the public that would impact any existing businesses on the property. Wayne's-Auto motive and North Point Printing Shop are not incompatible uses with the proposed tutoring center because the children will be situated indoors within the building. Children will not be allowed to leave the premises until a parent or guardian arrives to pick them up from their class. Given the proposed hours of operation, the availability of parking, and the types of adjoining uses, it is expected that the tutoring center would, be a compatible use at this location. required for the proposed tutoring business. The total number of spaces required has a mathematical deficiency of 4 spaces. Number of Spaces Required Shop Total 34 The,.proposed business hours are 8:00 a.m. to 6:00 p.m. Monday through Friday, and closed Saturdays and Sundays. The business hours for the other twobusinesses are from 8:00 a.m. to 8:00 p.m. Monday through Sunday. The business hours of the tutoring center and the other businesses overlap on Monday through Friday between 8`:00 a.m. and 6:00 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 different peak parking usage periods, (e.g. a theater and a bank), 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 of the day that the proposed tutoring center and :the other two tenants would be in use. Thisis 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. Conditional Use Permit No. PL 2011-058 Number of Spaces Utilized (Out of 30 Available) The. parking study revealed that there is a substantial number of unused parking spaces throughout the day, so staff does not foresee any parking issues resulting from the proposed use. The existing parking supply is adequate and can accommodate the proposed tutoring center. The proposed tutoring center would offer a maximum of one session with up to nine students, one-on-one tutoring, and three instructors during any single time slot, thus it is not likely that more than 13 parking spaces would be occupied at any one time to accommodate 10 students and three instructors. All students are minors and would be dropped off by a parent, so parking demand for drop-off and pick- up activities would be for very short durations. 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 April 15, 2011, 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. A notice display board was posted at the site, and a copy of the notice was posted .at the City's three designated community posting sites. Public Comments Received At the time the staff ,report was published, staff had not received any comments from the public. ENVIRONMENTAL ASSESSMENT: Thisproject has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Conditional Use Permit No. PL 2011-058 Prepared by: Reviewed by: Conditional Use Permit No. PL 2011-058 Attachment 1 PLANNING COMMISSION RESOLUTION NO. 2011 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. PL 2011-058, A REQUEST TO OPERATE A 3,835 SQUARE -FOOT TUTORING CENTER, LOCATED AT 782-784 PINEFALLS AVENUE, DIAMOND BAR, CA (ASSESSORS PARCEL NO. 8760-027-003). A. RECITALS 1. Property owner, Ronald E. Albrecht, Sterling Capital, and applicant, Manikku Malraj, Ranmal Educational Services, have filed an application for Conditional Use Permit No. PL 2011-058 to operate a tutoring center located at 782-784 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 identified as Assessors Parcel Number is 8760-027-003. 4. On April 15, 2011, 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 April 26, 2011, 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; I C. 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 (existing facility) of the CEQA Guidelines. Therefore, no further environmental review is required. 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. 2. The proposed use is consistent with the general plan and any applicable specific plan; The proposed use is consistent with General Plan Strategy 1.3.3: ("Encourage neighborhood serving retail and service commercial uses') in that the proposed tutoring center meets strategy 1.3.3 because the proposed tutoring center provides services to Diamond Bar residents. 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 proposed use is located within a multi -tenant industrial park occupied by various 'warehouses and service uses including a reproduction/copy center. The proposed tutoring center will 'be compatible with uses in close proximity such as the music school and the dance school located within the same industrial park across the street of the proposed site. Discovery World Montessori preschool/elementary school is also located in close proximity to the proposed tutoring center. As such, the operational characteristics of the proposed tutoring center are compatible with the existing land uses in the vicinity. 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. K Planning Commission Resolution No. 2011 -XX 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 existing industrial park that has other educational uses. The proposed use is compatible with other uses in the surrounding areas such as a music and dance school to the west and a preschool and elementary school to the southeast. A parking utilization study was conducted to show that the number of parking spaces available is adequate to accommodate the proposed tutoring center. 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(existing facility) of the CEQA Guidelines. SEEKOW 11-010 15031 &ROMMAN 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 tutoring center as described in the application on file with the Planning Division, the Planning Commission staff report for Conditional Use Permit PL 2011-058 dated April 26, 2011, and the Planning Commission minutes pertaining thereto, hereafter referred to as the "Use". The use shall be limited to a tutoring center. 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 782-784 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, 3 Planning Commission Resolution No. 2011 -XX the approved Conditional Use Permit shall expire without further action by the City. 4. This approval does not specify limitations on class sizes or business hours based on the presumption that the proposed use will operate in a manner that does not deviate significantly from the operating characteristics described in the Conditional Use Permit application, as summarized below: a. Business hours — Monday through Friday from 8:00 a.m. to 6:00 p.m.; and b. Ten or fewer students and three instructors. at any one time. If, at any time, the City finds that the proposed use is the cause of a parking deficiency of other land use impact, the Community Development Director may refer the matter back to the Planning Commission to consider amending this Conditional Use Permit to the address such impacts. 5. 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: Ronald E. Albrecht, Sterling Capital, 8502 E. Chapman # 184, Orange, CA 92369; and Manikku Malraj, Ranmal Educational Services, 801 Brea Canyon Road, Diamond Bar, CA 91789. APPROVED AND ADOPTED THIS 26th DAY OF APRIL 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M Jack Shah, 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 26th day of April, 2011, by the following vote: N Planning Commission Resolution No. 2011 -)CK AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary -n Planning Commission Resolution No. 2011 -XX P ROJConditional Use Permit No. PL 2011-058 SUBJECT: Tutoring Center APPLICANT: Manikku Malram LOCATION: 782-794 Pinefalls Avenue, Diamond Bar, CA 91789 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 2011-058 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 2011-058 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 6 Planning Commission Resolution No. 2011 -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 7 Planning Commission Resolution No. 2011 -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 the California Electrical Code unless submitted after January 1, 2010 which will be covered under the 2010 code series) requirements and all other applicable construction codes, ordinances and regulations in effect at the time of plan check submittal. 2. Occupancy of the facilities shall not commence until such time as all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code. 4. This project shall upgrade items that are "readily achievable" 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. 5. "Separate permit shall be required for all wall and monument signs" and shall be noted on plans. 6. Provide exit analysis showing occupant load for, each space, exit width, exit signs, etc. The exiting design shall include clarification of exiting through adjoining rooms per CBC 1014.2, exit signage per CBC 1011, and doors meeting CBC 1008.1.2 & 1008.1.9. 7. Indicate the proposed addition and existing building on the plans. Submit code analysis and justification showing the following: a. Each building square foot b. Type of construction C. Sprinkler system d. Each group occupancy e. Occupancy separation per CBC 508.3.3. f. Exit analysis for each building (occupant load/corridor rating/exit width/exit signs, etc.) g. Accessibility analysis for the entire site and for each building for 8 Planning Commission Resolution No. 2011 -XX "readily achievable" items. ME Planning Commission Resolution No. 2011 -XX ` Attachment PROPERTY OWNER: STERLING CAPITAL INC. ADDRESS: 780-788 PINEFALLS AVE' DIAMOND BAR, CA 91789 ZONING: INDUSTRIAL ) APN: 8760-027-003TRACT 32554, LOT 2 LOT SIZE: 21.466 S.F. BUILDING SQUARE FEET 9.586 S.F. BUSINESS OWNERS): RANMAL EDUCATIONAL SERVICES INC. BUSINESS OWNER'S ADDRESS: 801 BREA CANYON ROAQ, DIAMOND BAR' OA 91783 | BUSINESS AREA: 3.835 ss (E) PARKING PROPOSED TUTORING AREA:3,835 S.F. SITE PLAN Lli (E) WAYNE'S AUTO VACANT (E) PRINT SHOP (WAREHOUSE) (WAREHOUSE) (WAREHOUSE/ MANUFACTURING) CD Z u Co OFFICE r7801 782 784 786 F788] OFFICE F13 3 14 2 (E) PARKING 15 16 (E) DRIVEWAY | ' � P|NEFxLLS AVENUE | SITE PLAN ;OPERTY OWNER: STERLING CAPITAL INC. )DRESS: 780-788 PINEFALLS AVE., DIAMOND BAR, CA 91789 )NTNG: INDUSTRIAL (I) 'N: 8760-027-003, TRACT 32554, LOT 2 T SIZE: 21,466 S.F. IILDING SQUARE FEET: 9,586 S.F. (SINESS OWNER(S): RANMAL EDUCATIONAL SERVICES INC. SINESS OWNER'S ADDRESS: 801 BREA CANYON ROAD, DIAMOND BAR, CA 91789 SINESS AREA: 3,835 S.F. -------------- FE -126.33' __--__--- ^ (E) PARKING I AREA:3,835 S.F. 14 13 12 11 10 9 8 7 6 5 4 3 2 1 SITE PLAN Attachment 3 Tutoring Business Description Our business is to tutor the minds of tomorrow's future. Statistics show that test scores and grades have been at an all time low. Our business is to tutor children between kindergarten and sixth grade to excelin math skills, algebra, geometry, communication ' skills, reading comprehension,writingskills, creativewriting, and test preparatory skills. Our tutors use specialized equipment and methods to improve academic performance and STAR scores and develop better studying and test taking skills. Specialized teaching methods include "sentence analysis technique", "grammar symbols", and "dynamic link method" to teach language. Specialized equipment includes the "geometric cabinet" used in math and geometry. Our business focuses on tutoring five major components, which, include Test pneporoDon.Math ' Communication, Reading, and Writing. VVooffer these subjects Monday through Friday atdifferent slot times to accommodate our clients' busy schedules. Our sessions are QO minutes in length for each category. Clients can enroll in as.many subjects as they wish during any time slot throughout the week. For instance, our clients can enroll their children for the Math Tutoring on Monday and for Reading ' Tutoring for Friday. Our sessions are offered in groups, between 3-9 students, and one-on-one. There will be a total of tutors, 3i the morning session and 3i the afternoon session. One will serve as -the group tutor, the second will serve as a private tutor, and the third will serve as receptionist. Since each tutor specializes in o specialized aubioot' the tutors will rotate during each session enthat each one serves as o group tutor, private tutor and areoeption\sL Our business anticipates nomore than 10 students during each tutoring block C] -Qin each group and i private)ondnomore than ab�a of students d and most students take more than one subject. Below is a chart of the subjects available throughout the week to get a better understanding of how our. program offers different subject at different brnoa Monday through Friday. We will not be opened on the �m� similar businesses that cater to children in this same � group, «/,_" / which are The Music Store ' (teach music to d�\dren).and De|km Dance (teaches dance to children). Both are in the same business park located across the street. Our business will nottuooh, but tutor children to excel in school. Time Monday Tue sday Wednesday Thursday Friday 8:00 am Test Preparation Writing Reading Test Preparation Communication 8:30 am 9:00 am 9:30 am Math Test Preparation Writing Reading Math 10:00 am 10:30 am 11:00 am Communication Math Test Preparation Writing Test Preparation 11:30 am 12:00 prn 12:30 pm 1:00 Pm CLOSED FOR LUNCHrTRANSITION PERIOD 1:30 pm Test Preparation Communication Math Test Preparation Writing 2:00 pm 2:30 pm 3:00 pm Reading Test Preparation Communication Math Reading 3:30 pm 4:00 pm 4:30 prn Writing Reading Test Preparation Communication Test Preparation 5:00. 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Items for consideration are listed on the attached agenda. 1, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On April 22, 2011, a copy of the agenda of the Regular Meeting of the Diamond Bar Planning Commission was posted at the following locations: South Coast Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar Library 1061 Grand Avenue Diamond Bar, CA Heritage Park 2900 Brea Canyon Road Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on April 22, 2011, at Diamond Bar, California. 2 - - (U 11 a - Stella Marquez Community Development Department p CD/zstcll,,i\atlid,ivitposting.doc