HomeMy WebLinkAbout12/13/2011E 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 Planning Commission EETING:RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar *Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission.' As a general rule, the opportunity for public comments will take place at the discretion of`the Chair.' However, in order to facilitate the' meeting, persons who are interested parties for an item may be requested to give their presentation. at the time the item is called on the calendar. The Chair may limit. individual public input to five minutes.. on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional: and businesslike manner, Comments . and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council In .accordance with State Law (Brown Act), all matters to be `acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In.case'of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning, Division of the Community Development Department. Agendas are. available 72 hours. priorto the meeting at City Hall and the public library, and may be.accessed by personal computer at the number below. Every meeting of .the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless' microphone and sign language interpreter services are available by giving notice at :least three business days in advance of the meeting.. Please DECEMBER 13;.2.011 _ PAGE,3 . PLANNING COMMISSION AGENDA NOTICE OF PUBLIC MEETNOF'��'.'.­­---- bv--vsi--�ivEn alil el Zi ----no AND AFFIDAVIT OF POSTING oflinnik*z STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR 1, Stella Marquez, declare as follows: The December 13, 2011, Diamond Bar Planning Commission will hold a regular. session at 7:00 p.m., at the South Coast Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California. Items for consideration are listed on the attached agenda. 1, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar. On December 9, 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 December 12, 2011, at Diamond Bar, California. STellb Marquez Community Develop gA\affidavitposting.doc nt FiW.rgvlswed by . — and is ready fbi nnirig "LA" N ING �COMMISSJON_ << I'maN IAGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE- DIAMOND. BAR, CA 91765 TEL. (909) 839-7030 - FAX (909) 861-3117 DATE: December 13, 2011 TO: Chairman Shah and Members of the Planning Commission , FROM: Greg Gubman, AICP, Community Development Director SUBJECT: A Request to Adopt Resolution 2011 - XX, Finding the Sale. and Disposal of Surplus City Property Located at the Southeasterly. Comer- of Diamond Bar Boulevard and Brea Canyon Road (APN 8714-0157001) to be in Conformance with the City's General .Plan Pursuant to Government Code Section 65402 RECOMMENDATION: Adopt Resolution 2011 -XX. BACKGROUND: The City is the owner of an approximately 0.98 acre vacant parcel located on the southeasterly corner of, Diamond Bar Boulevard and Brea Canyon Road. The parcel's General, Plan Designation is Commercial Planned Development and is zoned Neighborhood Commercial (C-1). City staff is now pursuing the possible disposal and sale of the property. Pursuant -to terms of California Government Code Section 65402, the Planning Commission must review the disposal and find via adopted resolution that it is consistent with the City's General Plan. DISCUSSION: The property was purchased in 2006 to address existing and future traffic impacts in the area, which currently has a peak hour traffic service level of "F Goal 3, Objective 3.11 the General Plan Circulation Element stipulates that the City, should Strategy 3.1.3 of "improve intersections in the City which have peak hour traffic service levels worse than `D"'. To implement the traffic improvements (which do not require use of the entire parcel) upon disposal; .the City would encumber the property with a stipulation requiring the buyer, to implement the necessary improvements at the time of development: NT PLANNNG COMMISS�ON AGENDA REPORT CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX, (909) 861-3117 AGEN D -A ITEM NO. MIEET[114,G DATE: CASE/FILE NUMBER: PROJECT LOCATION: PROPERTY OWNER: 7A December 13, 2011 Conditional Use Permit No. PL 2011-349 Public Right -of -Way along Chino Hills Parkway City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 APPL11CANT: Rafael Nunez NextG Networks of California, Inc. 2125 Wright Avenue, Suite C9 La Verne, CA 91750 S�!�na� NextG Networks of California, Inc., (NextG Networks) is requesting approval of a Conditional Use Permit (CUP) to install a rnicro-cellular antenna on a new 31'-6" high, round concrete pole in the public right-of-way along the west side of Chino Hills Parkway, south of Chino Avenue. On November 18, 2008, the City Council approved a licensing agreement to allow NextG Networks of California, Inc. to install, maintain and operate mi.cro-cellular antennas throughout the City of Diamond Bar for $500.00 per year for each antenna mounted on a streetlight pole or comparable facility, and $500.00 per year for each equipment cabinet (node) in the public ROW, contingent upon Planning Commission approval of a CUP. After evaluating the application, staff finds that the proposed ' project complies with the City's development standards, and meets the findings required to approve the proposed CUP. Therefore, staff recommends that the Planning Commission approve CUP No. PL 2011-349, subject to the conditions of approval contained in the attached resolution. Proiect Descri, i NextG Networks provides third -party signal relay and distribution services to wireless telecommunications carriers, such as Verizon, Sprint, and others. The company designs, permits, builds, owns, operates, and manages fiber-optic based distributed antenna system (DAS) networks to improve wireless coverage. It provides fiber networks, cellular, PCS, and broadband that support DAS deployment in various areas, including residential, commercial, and utility infrastructure. NextG claims that its systems result in performance improvements, including increased voice quality, greater handling of call traffic, fewer dropped calls, better mobile coverage, faster file transfers, and enhanced video quality. There is a coverage gap that extends along Chino Hills Parkway between Chino Avenue and the City boundary. Service to wireless customers is affected by this coverage gap, which is why NextG Networks has proposed a cell site in the proposed location. By closing the existing coverage gap, the proposed telecommunications facility is likely to improve coverage to all existing and future wireless customers. NextG Networks determines its locations based on the demand from its customers (i.e., Sprint, Verizon and others). When there is a demand, NextG seeks optimal node locations. Most of NextG micro -cellular antennas are located on utility poles because the equipment is relatively small and low -powered in comparison to a normal cell site. Maps comparing coverage with and without the proposed cell site are provided in Attachment 4. Because there are no existing structures in the vicinity of the proposed node, the applicant proposes to establish a freestanding support structure on which the antennas can be attached. The proposed wireless telecommunications facility, or "cell site," consists of the following components: • Installation of a new 31A" high, round concrete pole with a micro -cellular antenna mounted to the top, measured from existing grade to the top of the antenna; • Installation of an ancillary equipment (ion Box) to the new concrete pole; and © Installation of a hand hole with fuse box underground in the Public Right -of -Way. Page 2 of 9 OASTAFF REPORTS-PC\CHINO HILLS PmVY- CUP PL 11-349- DECE .13 201 1.Doc 14ORTH OF Tff. LC -CATION, JI Micro -Cellular Antenna at Top of ii a New Concrete Pole TD VX TFTJ H _r, Hand Hole with Fuse [JI Box LE S1 A T -S _S5 ZZ! a THF Z RESMENTIAL STRUC_-VRE IS 0 —4 igill lipp 1111111 1111 M-11 MIMI, MIN`! a WAM ." -N E SOW Public ROW Site lqol� Open Space. South9- Open Space East Agriculture/City of Chino Hills AG Open Space IF- AG Open Space West F /agriculture Page 3 of 9 OASTAFF REPORTS-MCHimc, HILLS PKV,'Y- 0 Kil-349-DECEI,1132011.DOC BACKGROUND: Chino Hills Parkway is located at the east end of the City limits, south of the 60 Freeway. The area is surrounded by hills and valleys in a remote undeveloped area with no trees, buildings, sidewalks, or streetlights. Prior Wireless Tellecornmunication Appgrovalls The following cellular antennas located in the public right-of-way have been approved by the City: Page 4 of 9 OASTAFF REPORTS-MCI-Iii4o, HILLS PKvvy- CUP PL 11-349- DECEM 13 2011.Doc ----------------------- ..................... . . . . . Most recently, on September 27, 2011, the Planning Commission approved Conditional Use Permit No. PL 2011-013 to allow the installation of a micro -cellular antenna on top of a traffic signal pole and associated above ground -mounted equipment located at the southwest corner of Grand Avenue and Summitridge Drive. Reg lLa��� All of the above installations, except the last two (CUP PL2010-355 and CUP PL2011-0-13), were approved during the time when the prevailing case law determined that cities and counties could not require CUPs for -telecommunications facilities within ROWs. On October 14, 2009, the Ninth U.S. Circuit Court of Appeals decided that the California Public Utilities Code does not prohibit cities and counties from regulating the aesthetics of cell sites proposed within the ROWs'. As a result, this and future requests I Sprint PCs Assets LLC vs. City of Palos Verdes Estates (583R3d 716(2009) Page 5 of 9 OASTAFF REPORTS-PC\CH1140 HILLS PKVVY- CUP PL 1'.349- DFCEI,413 201 I.DOC ?R 9 1 nPI, AT&T PW Encroachment Telephone Pole 3000 Block of Brea Canyon Rd Permit No. 02-2649 PP 2006-49 and Edison Street Light Pole 900 Block of Golden Springs T -Mobile PW Encroachment between High Knob and Sunset Permit Crossing -Sea PP 2007-55 Street Light Pole Corner of Sylvan Glen and Royal Street Green Communications PP 2008-38 Utility Pole Corner of Diamond Bar Blvd and NextG Networks Pathfinder Rd. PP 2008-39 Utility Pole 2100 Block of Diamond Bar Blvd NextG Networks south of Kiowa Crest Dr. PIP 2008-40 Utility Pole 1600 Block of Diamond NextG Networks north of Mountain Laurel Way PP 2008-41 Street Light Pole 800 Block of Diamond Bar Blvd NextG Networks south of Tin Dr. PP 2008-42 Street Light Pole 1100 Block of Grand Ave north of NextG Networks Diamond Bar Blvd. PIP 2008-43 Edison Street Pole 2400 Block of Grand Ave across NextG Networks Rolling Knoll PP 2008-44 Utility Pole Corner of Diamond Bar Blvd and NextG Networks Golden Springs Dr. CUP PL2010-355 Street Light Pole 760 S. Diamond Bar Blvd. T -Mobile CUP PL2011-013 Utility Pole SW Corner of Grand Ave and NextG Networks Summitridge Dr Most recently, on September 27, 2011, the Planning Commission approved Conditional Use Permit No. PL 2011-013 to allow the installation of a micro -cellular antenna on top of a traffic signal pole and associated above ground -mounted equipment located at the southwest corner of Grand Avenue and Summitridge Drive. Reg lLa��� All of the above installations, except the last two (CUP PL2010-355 and CUP PL2011-0-13), were approved during the time when the prevailing case law determined that cities and counties could not require CUPs for -telecommunications facilities within ROWs. On October 14, 2009, the Ninth U.S. Circuit Court of Appeals decided that the California Public Utilities Code does not prohibit cities and counties from regulating the aesthetics of cell sites proposed within the ROWs'. As a result, this and future requests I Sprint PCs Assets LLC vs. City of Palos Verdes Estates (583R3d 716(2009) Page 5 of 9 OASTAFF REPORTS-PC\CH1140 HILLS PKVVY- CUP PL 1'.349- DFCEI,413 201 I.DOC to locate wireless telecommunications facilities in Diamond Bar's ROWs will be subject to Planning Commission approval through,a CUP process. ANALYSIS: Review Authority (Diamond Bar MUnICIPal Code -(DBMC) Section 22.581 Planning Commission approval of a Conditional Use Permit is required for the establishment of a wireless telecommunications facility. Conditional Use Permit When reviewing a CUP application for a proposed telecommunications facility, consideration is given to the new location, design, configuration, and overall visual impact of the proposed structure. If it can be found that the proposed structure is likely to be compatible with its surroundings, the Commission may approve the proposed structure subject to conditions stipulating the manner in which the use must be conducted. The Commission also has the opportunity to remedy aesthetic impacts that the existing improvements may be imposing on the community. Facility Operational Characteristics The proposed wireless telecommunications facility is, unmanned and operates 24 hours a day, seven days a week, with routine maintenance visits. FCC Regulation of Wireless Telecommunications Facilities Although the City has the right to regulate the aesthetics of wireless telecommunications facilities, both on private property and within public rights-of-way, the Federal Telecommunications Act of 1996 (Telecom Act) forbids local governments from denying or regulating wireless telecommunications facilities on the basis of health concerns. The Federal Communications Commission (FCC) licenses and regulates wireless telecommunications facilities, and establishes safety thresholds for radio frequency (RF) emissions. Because wireless telecommunications facilities are regulated by the FCC, local agencies are preempted considering perceived health effects in land use decisions for. such facilities. The applicant is required to submit documentation verifying that the proposed DAS facility is in compliance with FCC safety rules. According to the applicant, the proposed facility will be transmitting PCS signals in the 1900 MHz frequency band at a maximum rated signal power of 25.6 watts. Broadband PCS sites with a total power under 2000 watts are categorically excluded from FCC safety regulations. Because the proposed facility will be operating well within the FCC's regulatory thresholds' the City is prohibited from considering environmental effects when making a decision to approve or deny this application, or from imposing any conditions of approval that attempt to regulate the proposed facility on the basis of environmental effects. Page 6 Of 9 0ASTArF REPORTS-PC\CHINo HILLS PKWY -CUP PL 11-349- DECE1,413 201 1.130C Comp-atlbilfty kulth Neighborhood The proposed project complies with the goals and objectives as set forth in the adopted General Plan in terms of land use. The proposed project will not negatively affect the existing surrounding land uses because the proposed micro -cellular antenna will be located on top of a new round, concrete pole and painted to match the pole. Mounting an antenna to a building or installing an artificial simulated tree will not be suitable for the site since there are no similar structures in the surrounding area. A concrete pole is the most appropriate design for the following reasons: 0 There is no building, streetlight, or trees to blend in with the surrounding area; The proposed micro -cellular antenna has minimal visual impact since it will be located on top of a new concrete pole and painted to match the pole; and The proposed antenna will be approximately 3,02.5 feet away from the nearest residence. Project Site West of Uhino t-iills rKwY Project Site East of Chino Hills Pkwy Based on all of the factors listed above ' , the proposed facility is an appropriate solution to allow NextG Networks to install a micro -cellular antenna and ancillary equipment to a new round concrete pole along the west side of Chino Hills Parkway. Recommended Condition of Approval: Staff recommends a condition of approval requiring the applicant to make upgrades to the site when and if development occurs in the future. Currently, the surrounding area is open space land with no buildings, trees, or street lights along Chino Hills Parkway. However, if and when development occurs and a street lighting plan is proposed, the applicant shall be required to remove the concrete pole and replace it with a structure that is compatible with development Such as a street light pole along Chino Hills Parkway. 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. Page 7 of 9 OASTAFF REPOTS-MCM40 HILLS PKVN- CUP PL 11-349- DECEI,4 13 2011.DOC NOTICE OF PUBLIC HEARING: On December 2, 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 Cornments Received, No comments specific to the proposed facility were received as of the time that this staff report was submitted for publication. However, the City recently received a letter from a Diamond Bar resident objecting to the existence of a streetlight -mounted wireless telecommunications facility at the corner of Sylvan Glen and Seagreen. A copy of this letter was forwarded to the Planning Commission in early November. Among the issues discussed was a request that a sign be posted in the vicinity of the facility to warn passersby about potential health effects. Clearly, the question about placing warning signs is germane not only to the facility at Sylvan Glen/Seagreen, but to any wireless telecommunications facility in the City, so it is relevant and appropriate to address the matter in this staff report. Staff consulted with the City Attorney to ascertain whether or not the City had the authority to install or require such signage in light of the federal prohibitions imposed upon cities from regulating wireless facilities on the basis of environmental effects. The conclusion of staff, based on the City Attorney's analysis, is that such signage would directly violate the following provision of the Telecom Act: No State or local government or instrumentality thereof may regulate the placement,' construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. [47 U.S.C. §332(c)(7)(B)(4)] ENVIRONMENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions Of Article 19 Section 15303 (New Construction of Small Structure) of the CEQA Guidelines. No further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution approving Conditional Use Permit No. PL 2011-349, to install a micro -cellular antenna and ancillary equipment on a new 31'-6" high, round concrete pole, based on the Page 8 of 9 OASTAFF REPORTS-POCHitm HILLS Pnvy- CUP PL 11-349- DECEIA 13 201 tooc findings of DBMC Section 22.58, subject to conditions of approval as listed within the draft resolution. Prepared by: Reviewed by: J,! 2, -bavid Alvarez Grace S. Lee t t pla� 'Ir nrle Senior Planner Assistant Plann.. Attach mt ents: 1. Draft Resolution No, 2011 -XXI and Conditions of Approval 2. Architectural Plans 3. photo Simulations 4. propagation Maps and Opportunities Map 5. City's Telecommunications Facilities Page 9 of 9 0:\STAFF REPORTS-PC\CH1140 HILLS Piw,,I- CUP PL 11-349- DECEM 13 2011.DOC 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 2011-349 TO INSTALL A MICRO -CELLULAR ANTENNA AND ANCILLARY EQUIPMENT TO A NEW 31'-6" HIGH, ROUND CONCRETE POLE. THE SUBJECT SITE IS LOCATED WITHIN THE PUBLIC RIGHTS- OF-WAY ALONG THE WEST SIDE. OF CHINO HILLS PARKWAY, SOUTH OF CHINO AVENUE. A. RECITALS Applicant, NextG Networks of California, Inc., has filed an application for Conditional Use Permit No. PL 2011-349 to install a micro -cellular antenna and ancillary equipment to a new 31'-6" high, round concrete pole. The subject site is located within the Public Rights -of -Way along the west side of Chino Hills Parkway, City of Diamond Bar, County of Los Angeles, California. Hereinafter in this Resolution, the subject Conditional Use Permit shall collectively be referred to as the "Project." 2. The 'subject property is located along the west side of Chino Hills Parkway, south of Chino Avenue. 3. On December 2, 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 �w�itKin 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. 4. On December 13, 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 NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct-, 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality* Act (CEQA) pursuant to the provisions of Article 19, Section 15303 (new M construction of.small structure) 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 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 the Municipal Code; Wireless telecommunications facilities are allowed in the public ROW The location of the proposed micro -cellular antenna conforms to DBMC Section 22.42.130 (G..6.F. 1), by locating the proposed site at a pre -approved location. 2. The proposed use is consistent with the General Plan and any applicable specific plan; The site is proposed in the public right-of-way. The proposed use is consistent with the General Plan Land Use Goal 2, Strategy 2.2.3: "Where land uses of significantly different intensity or use are planned adjacent to each other, ensure that individual site designs and operations are managed in such a manner as to avoid the creation of nuisances and hazards.' The proposed facility meets Strategy Z 2.3 because it will not create a new source of noise and will generate a very minimal amount of traffic by infrequent maintenance visits. The micro -cellular antenna and ancillary equipment will be affixed to a new 31'-6" high, round concrete pole painted to match the color of the pole and shall be a noncorrosive nonmetallic finish that is conductive to reflection or glare. In addition, staff is recommending a condition of approval requiring the applicant to make upgrades to the site when and if development occurs in the future. Currently, the surrounding area is in a remote undeveloped area with no buildings, trees, or street lights along Chino Hills Parkway. However, if and when development occurs and a street lighting plan is proposed, the applicant shall be required to remove the concrete pole and replace it with a structure that is compatible with development such as a street light pole along Chino Hills Parkway. Therefore, the proposed facility will have no adverse effects in the surrounding area. 2 CUP No. PL 2011-349 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; A micro -cellular antenna and ancillary equipment attached to a new 31'-6" high, round concrete pole along the west side of Chino Hills Parkway in the public ROW is being proposed. Currently, the surrounding area is in a remote undeveloped area with no buildings, trees, or street lights along Chino Hills Parkway. There are no plans in the near future to make any type of improvements to the area, which is why a concrete pole is an acceptable design at this time. In addition, staff is recommending a condition of approval requiring the applicant to make upgrades to the site when and if development occurs in the future with a structure that is compatible with development along Chino Hills Parkway. 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 oining land uses, and the absence of physical constraints; The subject site is physically suitable because a micro -cellular antenna and ancillary equipment attached to a new 31'-6" high, concrete pole will not i interfere with pedestrian access. Currently the surrounding area Is n a remote undeveloped area with no sidewalks, buildings, trees, orstreetlights along Chino Hills Parkway, which makes a concrete pole appropriate at this location. 5. Granting the conditional use permit will not be detrimental to the public interest, health, safety, convenience, and zoning district in which the property is located; 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. The referenced agencies through the permit and inspection process will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) as set forth under Article 19 Section 15303 (new construction of small structure) of the CEQA Guidelines. 3 CUP No. PL 2011-349 Wireless Facilities (DBMC Section 22.42.130 1. Environmental integration. To the extent which the proposed facility blends into the surrounding environment and is architecturally integrated into a concealing structure, taking into consideration alternative sites that are available. The project proposes a micro -cellular antenna and ancillary equipment attached to a new 31 '-6" high, round concrete pole. The proposed design for the site is the least intrusive on the community since it is being proposed at a pre -approved location within the public right-of-way and there is no development in the surrounding area as prescribed by the General Plan and Diamond Bar Development Code (DBDC) Section 22.42.130 (G. 6. F. 1). 2. Screening: To the extent which the proposed facility is screened or camouflaged by existing or proposed topography, vegetation, buildings or other structures. Camouflaging is provided by attaching the antenna and ancillary equipment to a new concrete pole and painted to match the color of the concrete pole and shall be a noncorrosive nonmetallic finish that is conductive to reflection or glare. Chino Hills Parkway is located at the east end of the City limits, south of the 60 Freeway. The area is surrounded by hills and prairies in a remote undeveloped area with no buildings, trees, or streetlights. Therefore, a concrete pole with an antenna affixed to the top is an acceptable design. However, staff is recommending a condition of approval requiring the applicant to make upgrades to the site when and if development occurs in the future with a structure that is compatible with development proposed along Chino Hills Parkway. 3. Size. The total size of the proposed facility, particularly in relation to surrounding and supporting structures. The proposed installation of a micro -cellular antenna and ancillary equipment are to be attached to a new 31'-6" high, round concrete pole. 4. Residential proximity. Proximity of the proposed facility to residential structures and to the boundaries of residential districts. The proposed wireless telecommunications facility is approximately 3,025 feet from the nearest residences, which is located outside City boundaries. 5. Access. Proposed ingress to and egress from the site of the proposed facility. 4 CUP No. PL 2011-349 Access to the proposed project is situated along the west side of Chino Hills Parkway. 6. Location. The location of the proposed facility and the extent to which it conforms to the following in order of preferences — co -location or located at a pre -approved location, attached to existing structure such as building, communication tower, church steeple or utility pole or tower, and located in industrial, business park or commercial zoning districts. As previously mentioned, the proposed micro -cellular antenna and ancillary equipment will be affixed to a new 31'-6" high, round concrete pole and complies with factors considered in approving a wireless telecommunications antenna pursuant to DBDC Section 22,42.130 (G. 6. F. 1). There is a coverage gap that extends along Chino Hills Parkway between Chino Avenue and the city boundary. Service to cellular customers is affected by this coverage gap, which is why NextG Networks has proposed a cell site in the proposed location. By closing the existing coverage gap, the proposed telecommunications facility will improve coverage to all existing and future cellular customers. The project area is located along Chino Hills Parkway, which is located at the east end of the City limits, south of the 60 Freeway. The area is surrounded by hills and prairies in a remote undeveloped area with no trees, building, or streetlights in sight. Staff is recommending a condition of approval requiring the applicant to make upgrades to the site when and if development occurs in the future. However, if and when development occurs and a street lighting plan is proposed, the applicant shall remove the concrete pole and replace it with a structure that is compatible with development proposed along Chino Hills Parkway. MCOMM Based on the findings and conclusions set forth above, the Planning Commission. hereby approves the proposed project subject to the following conditions and the attached standard conditions: All antennas, structural components and other apparatus attached to a new 31'-6" high, round concrete pole shall be painted to match the new pole and shall be a noncorrosive nonmetallic finish that is conducive to reflection or glare. 5 CUP No. PL 2011-349 2. The applicant shall make upgrades to the site when and if development occurs in the future with a structure that is compatible with development along Chino Hills Parkway. Ann -example of compliance with this condition includes, but is not limited to, removing the support structure upon which the equipment is located, and relocating or replacing the equipment on a streetlight: 3. The project shall substantially conform to Title Sheet, Site Plan, Antenna and Layout Plan, Elevations, and Details as submitted to, amended herein, and approved by the Planning Commission. 4. Applicant shall comply with all Federal, State, and City regulations. 5. To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period 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. 6. When an emergency generator is used on site, the noise level of the generator shall comply with the City's noise standards in DBMC Chapter 22.28. 7. Signs and advertising shall be prohibited on the antenna array. 8. No lighting shall be installed on the wireless antennas or associated equipment. 9. The site shall be maintained in a condition free of trash, debris, refuse, and undesirable vegetation. All graffiti must be removed within 24 hours. In the event that the applicant does not remove all graffiti from the said structure, the city will remove all graffiti and shall be reimbursed for all expenses. 10. In the event that the antenna becomes inoperable or ceases to be used for a period of six consecutive months, the applicant shall remove the telecommunications facility within 90 -days of notification by the City. 11. All cables and wiring for the telecommunications facility shall be underground. 12. Prior to submitting for building plan check, submit detailed engineering calculations for foundation and wind loads, plus documentation that the electromagnetic fields (EMFs) from the proposed wireless telecommunications antenna facility will be within the limits approved by the FCC. 6 CUP No. PL 2011-349 The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified rnail to: Rafael Nunez, NextG Networks of California, Inc., 2125 Wright Avenue, Suite C9, La Verne, CA 91750; and Randy Dimacali, Coastal Communications, 3355 Mission Avenue, Suite 234, Oceanside, CA 92058. APPROVED AND ADOPTED THIS 13th DAY OF DECEMBER 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Jack Shah, Chairman 1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing d adopted by the P . lanning Commission of the Resolution was duly introduced, passed, and City of Diamond Bar, at a regular meeting of the Planning Commission held on the 13th day of December 2011, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, AICP Community Development Director 7 CUP No. PL 2011-349 COMMUNITY DEVELOPMENT DEPARTMENT PROJECT oUse Permit No. PL 2011-349 SUBJECT: Install a micro -cellular antenna and ancillar_V equipment to a newhidh, r0*U* nd concrete pole in the public right -of -Way along the west side 6fthiho Hills* Parkway. APPLICANT: NextG Networks of California, Inc. LOCATION: Public Right -of -Way on along the west side of Chino Hills ParkwaV, Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVIS,10.N AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1 In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Conditional Use Permit No. PL 2011-349 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. 8 CUP No. PL 2011-349 (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 2011-349, at the City of Diamond Bar Community Development Department, their affidavit stating that they are:aware of and agree to acceptall the conditions of this approval. effective until the applicants pay remaining Further, this approval shall, not bee e . City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of the Planning Commission Resolution No. 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, 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 cornmenced, whichever comes first. 10. Applicant shall remove the public hearing notice board within three days of this project's approval. 9 CUP No, PL 2011-349 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance 'of bu ' ilding permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever come first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Conditional Use Permit No. PL 2011-349 shall expire within two years from the date of approval if the use has not been exercised as defined in accordance to Municipal Code Section 22.66.050 (b)(1). The applicant may request in writing a one year time extension subject to Municipal Code Section 22.60.050(c) for Planning Commission approval. 19:8 914TIA ROG The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, collectively labeled and referenced herein as Exhibit "A" including. site plans, floor plans, architectural elevations, and landscape plans on file in the Planning Division, the conditions contained herein and Development Code regulations. 2. All gmund-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 structures, including walls, shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 24 hours by the property owner/occupant. 10 CUP No. PL 2011-349 F. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. A separate public works encroachment permit shall be obtained prior to the start of work. The scope of work, traffic control,. and fees will be assessed separate from the Planning Conditional Use Permit. 2. The node installation is subject to all terms and conditions pursuant to the Right -of -Way Use Agreement between NextG Networks and the City of Diamond Bar. 3. Installation of any above ground facilities in the public sidewalk must be located such that a minimum clear walkway distance of 36" is maintained for ADA clearance. In this case, since there is no sidewalk, the pole shall be located entirely within the two -foot offset from the back of curb. 4. Any centerline ties and monuments that are removed as part of this construction effort shall be replaced and recorded with the Los Angeles County Recorder's Office. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING. CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 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. The minimum design load for wind in this area is 85 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. 11 CUP No. PL 2011-349 3. Grounding shall be provided for electrical equipment. APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1 Emergency access shall be provided, maintaining free and clear, a minimum 28 foot at all times during construction in accordance with Fire Department requirements. 2. Prior to the issuance of any building permits for combustible construction, evidence shall be submitted to the Fire Department that temporary water supply for fire protection is available pending completion of the required fire protection system. 3. All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. END 12 CUP No. PL 2011-349 A.genda Item 7.1 — Conditional Use Permit No. PL2011-349 property address: Public Right of Way along Chino Hills Pkwy Plans found in project file E" a MS fflfflt _J MIN M 12, , QA n �t CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117 AGENDA [ITEM NO. MEETING DATE: CASE/FILE NUMBER: I PROPERTY OWNER: 7.2 December 13, 2011 Tentative Parcel Map No. 71643 and Parking Permit (Planning Case No. PL2011-260) 300-324 S. Diamond Bar Blvd. (Los Angeles County Assessor's Parcel Nos. 8281-010-057 and 058). Black Equities Group, Ltd. 433 N. Camden Drive, Suite 1070, Beverly Hills, CA 90210 APPLICANT: Joseph C. Tru*Xaw and Associates, Inc. 265 S. Anita Drive, Suite 111 Orange, CA 92868 Summary� Diamond Bar Shopping Center is an existing, 4.4 -acre center located at the intersection of Diamond Bar Blvd. and Golden Springs Drive. The center is currently anchored by a 51,000 square -foot CVS pharmacy and Chase bank. The applicant is requesting approval of a Tentative Parcel Map to subdivide the center into three separate parcels, and a Parking Permit to share driveway access and parking between the newly created properties. No new construction will take place, and there will be no physical changes to the building or property. After evaluating the project application and related submittals, staff finds that the proposed project complies with the City's development standards and the Subdivision Map Act. Therefore, staff recommends that the Planning Commission forward a recommendation to the City Council to approve the proposed Tentative Parcel Map and Parking Permit, based on the findings of fact, and subject to the conditions of approval, contained in the attached Resolution. Imm The project site is a 4.4 --acre existing shopping center located at Diamond Bar Boulevard on the east side of Golden Springs Drive. The shopping center was built under Los Angeles Couilty standards in 1970. The Centel- consists of 62,399 gross floor area, is anchored by a CVS pharmacy and Chase bank, and includes three inline shops consisting of a restaurant, dry cleaner, and mail services. The Vons shopping center is under separate ownership from the project site, and is not part of this proposed subdivision map. Page 2 of 7 CD: Staff Reports PC/Diamond Bar Blvd., 300-324 PC Staff Report 12/13/201 1.docx Site Aerial View From Within the ShOP019 CG'ItO'" Page 3 of 7 CD: Staff Reports PC/Diamond Bar Blvd., 300-324 PC Staff Report 12/131201 1.docx Project Description The applicant proposes to subdivide the CVS/Chase-anchored shopping center -into three separate parcels to allow each parcel to be sold off and separately owned. No new construction will take place, and there will be no physical changes to the building or property. . The applicant is also requesting a parking permit to share driveway access and parking between the newly.created properties. The proposed subdivision will result in three separate parcels as listed below: MUNIMMID, M - Parcel I CVS Pharmacy 51,022 sq. ft. 145,570 sq. ft. Parcel 2 Inline Shops 5,492 sq. ft. 16,898 sq. ft. Parcel 3 Chase Bank 5,885 sq. ft. 30,931 sq. ft. Existing Lot 193,399 sq. ft. (4.4 acres) Proposed Tentative Parcel Map The center currently has 242 parking spaces on-site and has an existing agreement with the Vons shopping center to share additional parking and all driveways and access. Prior to recording the final map, this agree'rnent would need to be amended to ensure that reciprocal access and parking rights, and privileges are also retained among the Page 4 of 7 CID: Staff Reports PC/Diamond Bar Blvd., 300-324 PC Staff Report 12/13/201 l.docx newly created parcels. See Condition of Approval No. 7 under Tentative Parcel Mal) of the Draft Resolution (Attachment 1). The center also has an existing maintenance agreement with the Vons shopping center. This agreement would likewise need to be amended prior to final reap recordation. Review Authorit.. fDiarnond Bar Muiilcf-ialaEl�,_Code aS,ectlon�s 21.20.G80 and 22.30.050). The proposed project requires two entitlement applications for review. The Tentative Parcel Map for the subdivision of land requires City Council approval, and the Parking Permit to share parking and driveway access requires Planning Commission approval. Section 22.48.030 of the Development Code requires all applications to be processed simultaneously by the highest review authority. Therefore, the Planning Commission's role in this matter is to forward a recommendation to the City Council for two entitlements described below: 1. Tentative Parcel Map: Pursuant to Section 66424 of the Subdivision Map Act, a Tentative Parcel Map is required for the subdivision of any units/parcels of improved land for the purpose of sale, lease or financing. The existing shopping center is proposed to be subdivided into three separate te parcels. These properties will be . governed by a property owners association/property maintenance agreement. There are 242 parking spaces on-site to share within the existing CVS/Chase center. The existing buildings meet all required setbacks and development code regulations. The creation of new parcels meets the minimum lot size requirement and is in compliance with the required setbacks and floor area ratio. A copy of the draft property maintenance agreement to govern the three proposed parcels is included as Attachment 3, and will be subject to review and approval by the City Attorney prior to final map approval. See Condition of Approval No. 2 under Tentative Parcel Map of the Draft Resolution (Attachment 1). 2. Parking Permit: Pursuant to Section 22.30.050 of the Development Code, where two or more commercial uses are developed as a recognized shopping Centel- and those uses have distinct and differing peak parking usage periods, a reduction in the required number of parking spaces may be allowed through the approval of a parking permit, provided that the most remote space is located within 300 feet of the use it is intended to serve (as measured along the most direct pedestrian path). The amount of reduction may be up to the amount Of Spaces required for the least intensive of the two or more uses sharing the parking. Shopping centers over 50,000 square feet in size are required to provide 1 parking space for every 300 square feet of gross floor area. The existing gross floor area of Page 5 of 7 CID: Staff Reports PC/Diamond Bar Blvd., 300-324 PC Staff Report 12/13J201 1.docx the center is 62,399 square feet, and therefore, requires 208 parking spaces. There are 242 spaces provided on-site, and will exceed the requirement by providing a surplus of 34 spaces. Parking Requirement The applicant submitted a draft reciprocal parking and access agreement governing the proposed three parcels for the use and access ccess of all common roads, driveways, parking, and easement areas and is included as Attachment 2. This agreement will be reviewed and approved by the Planning Division and City Attorney's Office prior to final map approval. See Condition of Approval No. 6 under Tentative Parcel Map of the Draft Resolution (Attachment 1). There are single-family homes that abut the shopping center parking lot to the east and multi -family condominiums to the east of the buildings. Torito Lane separates the multi- farnily condominiums 'from the shopping center. All existing buildings and uses within the shopping center will remain and no new construction will take place. Additional Review The Public Works/Engineering Department and Building and Safety Division reviewed this project and included their comments in the attached resolution as conditions of approval. 1UPOW1111M MOM, Public hearing notices were mailed to property owners within a 700 -foot radius of the project site on December 2, 2011, and the notice was published in the Inland Valle DaiIV Tribune and San Gabriel Valley Tribune newspapers on December 2, 2011. The project site was posted with a notice display board, and a copy of the public notice was posted at the City's three designated community posting'sites. Page 6 of 7 CD: Staff Reports PC/Diamond Bar Blvd., 300-324 PC Staff Report 12/13/201 l.docx Public Cam-ments Receive At the time the staff report was published, staff had not received any comments from the public. ENV[RON[VIENTAL ASSESSMENT: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the project to be Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301 (k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes Occur) of the CEQA Guidelines. Therefore, no further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution (Attachment 1) recommending approval of the Tentative Parcel Map and Parking Permit for Project No. PI -2011-260, to subdivide an existing commercial shopping center into three separate parcels and share driveway access and parking, based on the findings, subject to conditions of approval as listed within the draft resolution. Prepared by: Gra-C6 S. Lee Senior Planner Attachmalilts: Reviewed by: Greg Gubman, AICP Community Development Director 1. Draft PC Resolution and Conditions of Approval 2. Draft Reciprocal Parking and Access Agreement 3. Draft Property Maintenance Agreement Page 7 of 7 CD: Staff Reports PC/Diamond Bar Blvd., 300-324 PC Staff Report 12/13/201 1,docx PLANNING COMMISSION RESOLUTION NO. 2011 -XX A RESOLUTION •OF •THE PLANNING COMMISSION OF THE CITY OF D1 IAMONR BAR, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROV TENTATIVE PARCEL MAP NO. 71362 AND PARKING PERMIT NO. PL2011-260 T SUBDIVIDE A 4.4 -ACRE EXISTING SHOPPING CENTER INTO THREE SEPARAT PARCELS AND A PARKING PERMIT TO SHARE, DRIVEWAY ACCESS AND PARKING BETWEEN THE THREE PROPERTIES LOC,ATED AT 300-324 S. DIAMON 11 BAR BLVD., DIAMOND BAR, CA 91765 (ASSESSORS PARCEL NOS. 8281-010-0 AND 058). A. -RECITALS 1 Property . owner, Black Equities Group, Ltd., and applicant, Joseph C. Truxaw and Associates, have filed an application for Tentative Parcel Map No. 71362 to subdivide a 4.4 -acre existing shopping center into three separate parcels and Parking Permit No. PL 2011-260 to share driveway access and parking between the existing properties located at 300-324 S. Diamond Bar Blvd., Diamond Bar, Los Angeles County, California ("Project Site"). The Project Site is depicted in Exhibit 1. 2. The Project Site is currently comprised of two parcels total * ing 4.4 acres. It is located in the Community Commercial (C-2) zone and is consistent with the General Commercial land use designation of the General Plan. 3. On December 2, 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 700 -foot radius of the Project site and public notices were posted at the City's designated community posting sites. In addition I to the published and mailed ,notices, the project site was posted with a display board. 4. On December 13, 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 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, Pail A, of this Resolution are true and correct; 2. The Planning Commission hereby determines the Project to be Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to the provisions of Article 19 Section 15301(k) (Subdivision of Existing Commercial Buildings, Where No Physical Changes occur) of the CEQA Guidelines. Therefore, no further environmental review is required. C. FINDINGS OF FACT Based on the findings, and conclusions set forth herein and as. prescribed under Diamond Bar Municipal Code (DBMC) Sections 21.20.080 and 22.30.050, this Planning Commission hereby finds and recommends. as follows: Tentative Map Findings: Pursuant to Subdivision Code Section 21.20.080 of the City's Subdivision Ordinance, the Planning Commission makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan and any applicable specific plan: The proposed project involves the subdivision of an existing 4.4 -acre shopping. center into three separate parcels. The newly subdivided parcels will share driveway access and parking. The General. Plan land use designation for the site is General Commercial (C). The proposed project is consistent with the General Plan land use designation.' The project site is not a part of. any specific plan. 2. The site is physically suitable for the type and proposed density of development: ,The property is already improved with existing buildings. No new construction will take place, and there will, be no physical changes to the building and property. 3. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or injure fish or wildlife or their habitat: The design of the subdivision will not cause substantial environmental damage or injure fish or wildlife or their habitat because the existing site is located in an urbanized area that does not contain habitats or would otherwise injure fish or wildlife or their habitat. In addition, no new construction will take place, and there will be no physical changes to the building and property. 4. The design of the subdivision or type of improvements will not cause serious public health or safety problems: The proposed subdivision is not likely to cause serious public health or safety problems because the existing site is located in an urbanized area. No new construction will take place, and there will be no physical changes to the building and property. 5. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision: The site has existing utility easements within the project site. In addition, a condition is added to the project requiring a reciprocal parking and access 2 Planning Commission Resolution No. 2011 -XX agreement with the newly created parcels for the use and access of all common roads, . driveways, parking, and easement areas, prior to final map approval. 6. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board: - Each lot -shall be served by a separate sewer lateral which shall not cross any other lot lines. In the event that it is determined that each lot is not serviced by a'separate independent sewer lateral, joint sewer maintenance and sewer line easements which cross the lot lines shall be identified in the joint agreements between properties. . Therefore, no further environmental review is required. 7. A preliminary soils report or geologic hazard report does not indicate adverse soil or geologic conditions: The property is already improved with existing buildings. No new construction or grading will take place, and there will be no physical changes to the building and property. 8. The proposed subdivision is consistent with all applicable provisions of the City's subdivision ordinance, the development code, and the subdivision map act: The proposed subdivision is consistent with the City's subdivision ordinance, subdivision map act, and applicable development code. The existing buildings meet all required setbacks and development code regulations. Parking Permit Findings (DBMC Section 22.30.05 1 The intent of the parking regulations, which is to ensure that sufficient parking will be provided to serve the use intended and potential future uses of the subject site, is preserved: Shopping centers over 50,000 square feet in size are required to provide I parking space for every 300 square feet of gross floor area. The existing gross floor area of the center is 62,399 square feet, therefore, requires 208 parking ,spaces. There are 242 spaces provided on-site, and will exceed the requirement by providing a surplus of 34 spaces. 2. A parking permit is approved in compliance with Section 22.30.050 (Reduction of off-street parking requirements for shared uses): When reviewing parking impacts on shopping centers, the various uses and peak business hours for those uses are taken into consideration. The existing shopping center has uses ranging from bank, fast-food restaurant, personal services, and retail uses. The different uses result in a range of peak business hours and parking demands. Due to this, staff does not foresee any parking issues resulting from the proposed use. In addition, the existing parking supply is adequate with a surplus of spaces. 3 Planning Commission Resolution No. 2011 -XX Based on the findings and conclusions set forth herein and as prescribed under DBMC Sections 21.20.080 and 22.30.050, this Planning Commission hereby finds and recommends that the City Council approve the Tentative Parcel Map and Parking Permit, subject to the following conditions, and the attached Standard Conditions of Approval: I I A. GENERAL 1. The subdivision shall comply with the Conditions of Approval attached hereto and referenced herein. 2. The applicant shall comply with the requirements of City Planning, Building and Safety Division Divisions, Public Works/Engineering Department, and the Los Angeles County Fire Department. 3. 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 Tentative Parcel Map No. 71362 and Parking Permit No. PL2011-260, 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 applicant pay the remaining City processing fees. 4. The Parking Permit is approved subject to the Tentative Parcel Map conditions of approval. 1. The development shall secure compliance with the requirements of the Subdivision Ordinance and the General Plan. 2. Prior to final map approval, the Covenants, Conditions, and Restrictions (CC& R's)/P rope rty Maintenance Agreement that governs the three parcels shall be reviewed and approved by the City Attorney. 3. The existing property maintenance agreement with the Vons shopping center shall be amended to reflect the subdivision of the three parcels, and shall be reviewed and approved by the City Attorney prior to final map approval, etc. 4. The development shall carry out the specific requirements of Chapter 21.30 (Subdivision Design and Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of the Subdivision Ordinance, as applicable. 4 Planning Commission Resolution No. 2011 -XX 5. The approval of the Tentative Parcel Map No. 71362 expires . within three years from the date of approval if the use has not been exercised as defined per Diamond Bar Municipal Code (DBMC) Section 21.20.140. The applicant may request in writing fora time extension if submitted to the City no less than 30 days prior to the approval's expiration date, subject to DBMC Section 21.20.150 for City Council approval. 6. Prior to final map approval, a reciprocal access and parking agreement for the use and access of all common roads, driveways, parking, and easement areas shall be reviewed and approved by the Community Development Director and/or City Attorney. 7. The existing reciprocal access and parking agreement with the Vons shopping center shall be amended to reflect the subdivision of the three parcels, and shall be reviewed and approved by the Community Development Director and/or City Attorney prior to final map approval. The I 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: Black Equities Group, Ltd., 433 N. Camden Drive, Suite 1070, Beverly Hills, CA 90210, and Joseph C. Truxaw and Associates, Inc., 265 S. Anita Drive, Suite 111, Orange, CA 9286.8. APPROVED AND ADOPTED THIS 13TH DAY OF DECEMBER 2011, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. W 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 I City of Diamond Bar, at a regular meeting. of the Planning Commission held on the .13th day of December 2011, by the following vote: AYES: Commissioners: NOES: Commissioners: ABSTAIN: Commissioners: ABSENT: Commissioners: ATTEST: Greg Gubman, AICP, Secretary 5 Planning Commission Resolution No. 2011 -XX COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS USE PERMITS9 COMMERCIAL ANDRESIDENTIA NEW AND REMODELED STRUCTURES I PROJECT#: Tentative Parcel Map No. 71362 and Parking PermitNo. PL 2011-260 SUBJECT: A Tentative Parcel Map to subdivide an existing 4.4 -acre existing shopping center into three separate �parcels and Parking -Permit-to share driveway access and parking between the three oropertids. PROPERTY Black Equities Group, Ltd., 433 N. Camden Drive, Suite OWNER(S): 1070, Bev6ft Hills, CA 90210 APPLICANT: Joseph C. Truxaw Associates, I 265 S., Anita Drive Suite 111, Orange, CA _92868 LOCATION: 300-324 S. Diamond Bar Blvd., Diamond Bar, CA 91765 APPLICANT SHALL CONTACT THE PLANNING DIVISION AT. (909) 839-7030, FOR COMPLIANCE WITH'THE FOLLOWING CONDITIONS.: 1. In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers., agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul the approval of Tentative Parcel Map and Parking Permit No. PL2011-260 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: 6 Planning Commission Resolution No. 2011 -XX (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such. claims., (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Tentative Parcel Map and Parking Permit No. PL 2011-260 at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License, and zoning approval for those businesses located in Diamond Bar. 4. Signed copies of 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 partied involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable Federal, State, or City 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. Property owner/applicant shall remove the public hearing notice board within three (3) days of this project's approval. 8. 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 final map approval. 7 Planning Commission Resolution No. 2011 -XX 2. Prior to final map approval, all deposit accounts for.the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Tentative Parcel Map and Parking Permit shall expire within three (3) years from the date of approval if the use has not been exercised as defined per DBMC Section 21.20.140 and 22.66.050(b)(1). The applicant may request in writing for a one year time extension subject to DBMC Sections 21.20.150 and 22,66.050(c) for City Council approval. D. 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: Hnu�� 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 PIVI 71643 brought within the time period provided. by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City. defendants or at the City's option, reimburse the City its costs of defense, including reasonable attorneys . fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City descendents. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 8 Planning Commission Resolution No. 2011 -XX A. GENERAL 1. A title. repoft/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted for final map plan check. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) business days prior to final map approval. 2. Prior to final map approval, applica ' nt shall submit to the City Engineer the detail cost estimates for bonding purposes of all public improvements. 3. Prior to final map approval, al, if any public or private improvements required as part of this map have not been completed by applicant and accepted by the City, applicant.shall enter into a subdivision agreement with the City and shall post the appropriate security. 4. Prior to final map approval all site public. improvement plans shall be approved by the, City Engineer, surety shall be -posted, and an agreement executed guaranteeing. completion of all public improvements. 5. Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. 6. Prior to any work performed in the street right-of-way, fees shall be paid and a construction permit shall be obtained from the Public Works Department in addition to any other permits required. 7. Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. 8. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map for dedication to the City. 9. After the final map records, applicant shall submit to the Public Works/Engineering Department, at no cost to the City,. a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Public Works/Engineering Department. 10. Prior to occupancy, the applicant shall provide to the City as built mylars, stamped by appropriate individuals certifying the Plan for all improvernents at no cost to the City. 9 Planning Commission Resolution No. 2011 -XX Applicant liQant shall contribute funds to a separate engineering trust deposit against which charges cane be made by the City or its representatives: for services rendered. Charges shall be on an hourly basis and shall include any City administrative costs. 12. Applicant shall provide digitized information in a format defined by the City for all related plans, at no cost to the City. 1. The Joint Access and Reciprocal Parking Agreement shall include provisions for all parcel owners to accept cross lot drainage as identified on the final map with drainage easements. C. STREET IMPROVEMENT 1. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 2. Street improvement plans for the reconstruction of driveway approaches in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. D. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final map. E. SEWERS 1. Each lot shall be served by a separate sewer lateral which shall not cross any other lot lines. In. the event that it is determined that each lot is not serviced by a separate independent sewer lateral, joint sewer maintenance and sewer line easements which cross the lot lines shall be identified in the Joint Access and Reciprocal Parking Agreement. Sewer easements crossing the lot lines shall also be identified on the final parcel map similar to. Cross Lot Drainage easements. F. TRAFFIC MITIGATIONS 1. Prior to final map approval, a registered traffic engineer shall analyze the turning movements for ingress and egress out of the northerly driveway 10 Planning Commission Resolution No. 2011 -XX approach for Parcel 3 along Golden Springs Drive to determine if turning restrictions shall be imposed or if mitigations are required. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. The declaration or other form of legal agreement is required to incorporate the architectural plan as part of the required recorded document. All existing fire rated walls and unrated openings must rernain in-place per CBC 705.8 unless approved through Building and Safety. ME 11 Planning Commission Resolution No. 2011 -XX Agenda Item 7.2 — Tentative Parcel Map 71643 property address: 300-324 S. DB Blvd. Plans found in project file PLANNING COIVIIVIISSION.� MEMORANDUM. CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 TEL. (909) 839-7030 -- FAX (909) 861-3117 DATE: December 13, 2011 TO: Chairman Shah and Members of the Planning Commission FROM: Greg Gubman, AICP, Community. Development Director BY David Alvarez, Assistant Planner. SUBJECT: Six Month Review of 782=784 Pin efalls Avenue (ConditionalUse Permit No. PL2011-58) On May 24, 2011 the Planning Commission approved a tutoring center located at 782- 784 Pinefalls Avenue with the following condition of approval (COA No. 5): The Conditional Use Permit shall be reviewed six months after approval to allow' the Commission to assess the adequacy of the parking. and operations of the use. The applicant shall submit a notarized letter stating the total student enrollment. This would give_ the Commission the ability to further condition the project if actual operating experience within the six months showed it necessary, by changing- the hours of operation, class :times, and/or reducing enrollment. The applicant submitted a notarized affidavit stating: 1) business commenced.on August 12, 2011; 2) the current total student enrollment is 30 students; and 3) they have not received any complaints regarding parking at this facility. Staff also visited the site on November 30, 2011 at approximately 2:30 p.m. and counted four:vehicles on the 'property, and ten students in session with two instructors. No parking. issues related to . the operation. of the tutoring center were observed. Moreover, the City has not received any complaints regarding any aspect of the tutoring center's business operations. On the basis of the above representations of the applicant, and the observations of staff, no changes to the current condition of approvals are recommended at this time. PLANNING COMMISSION RESOLUTION NO. 2011-16 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,1 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 Assessor's Parcel Number is 8760-027-003. 4. -On April 15 2011, 'notification of the public hearingfor this. project was published in the San Gabriel Valley Tribune and the Inland Valley Baily Bulletin ; newspapers. Public hearing notices were mailed. to property owners within a 50D -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 continued the item to the May 10, 2011, meeting. 6. On May 10, 2011, the Planning Commission continued the item to the May 24, 2011, meeting. 7... On May 24, 2011, the. Planning Commission., of the City—of Diamond ' Bar conducted duly noticed. public hearing, solicited testimony, from all interested individuals, and .concluded said hearing on that date. B. RESOLUTION NOW)THEREFORE, . it . is.. found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in..the Recitals,, Part A, of this Resolution are true. and correct; 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 projectsite 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. Based on staffs field study and parking requirements per the Development Code, it is estimated that at least 20 spaces would be available during` business hours at all times to accommodate staff parking and student pick-up/drop-offs. A condition is added to the project requiring the applicant to stagger the starting time of each class in 15 minute intervals, with the total student enrollment capped at 60 students. Given the expected pattern of trip generation :throughout the day,; it is highly unlikely for parking to be °deficient during the brief periods of turnover for the pick-up and drop-off of students. Based on the analysis, it is unlikely that there will be parking congestion, of patrons looking for spaces during pick-up and drop-off times. Moreover, staff is recommending a condition of approval to review the'application in six months,' to assess the operations of the. use and parking impacts. 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 districtin 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 --1s 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. D. `CONDITIONS OF, APPROVAL Based upon the findings and conclusion set forth above, the Planning. Commission hereby, approves this. application subject, to the following conditions: The establishment is approved .,.as,. a tutoring center as described in the. application on file with. they Planning Division, the Planning Commission staff. report for Conditional Use Permit PL 2011 058 dated .April 26 and May 24, . 2011, and the Planning Commission. minutes . pertaining thereto, .hereafter referred to as the"Use". The use shall be limited to a tutoring center. , - 3 Conditional Use Permit Flo: PL2011-56 2. Prior to any plan check, all deposit accounts. for the processingof this project shall have no deficits. C.. TIME LIM..ITS 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 DBMC 22.66.050 (b)(1). The applicant. may request in writing a one year time' extension subject to DBMC Section 22.60.050(c) . for Planning Commission approval. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839 7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: 1. Plans shall conform to State and Local Building Code (i.e., 2007 California Building Code, California' Plumbing Code, California. Mechanical .Code, and the California. Electrical Code unless submitted after January 1_, 20.101 :Which will be covered under the 2010 code series) requirements and all other applicable:constru.ction 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 oftravel,. 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. I The. exiting design'shall include clarification of exiting through adjoining rooms per CBC 101.4.2, 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; 8 Conditional Use Permit leo. PL 2011-58 Ranmal Educational Services 801 Brea Canyon Road Diamond Bar, Ca 91789 (909) 598 -5540 CALIFORNIA ALL-PURIPOSE , CERTIFICATE Ac O ED E State of California CAountyof. SAN BERNARDINO ; JEANNE. CONLEY NOTARY PUBLIC On 1 I( before me, -� (Here insert name and, title of the officer), . I ersonally appeared MAN i K VM HAL-W� who. proved to me' on the basis of satisfactory .evidence to be the person whose name scare subscribed to the within instrument and acknowledge( to me that e/ he/they executed the sande in i er/their authorized cap 'city(iy s); and that by /her/their signature' on the instrument the. person(; ort e entity upon behalf of which the person acte(pe; ted the instrument: 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct; lEA�11�E GOWLEY VVI y hon and offlci seal. cOMM, #1904784 � (� NOTARY PUBLIC - CALIFORNIA (Notary SAN RERNARDINO COUNiY Signature of No Public My Cmm�� GIreS Oct 17, 201 IONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM. C (' R tai- verbia a exact! as DESCRIPTION OF THE ATTACHED DOCUMENT % (Title or description of attached document) (s� )tyW . -1 (Title or description of attached document continued) Number of Pages Doc ument.Date`Z (Additional inf rmation) Any acknowledgment completed in a forma must,.ccan n g y appears above in the notary section or a separate acknowledgment form must, be properly completed :and attached to that document. ,77ie 'only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such, a document so long ad'the verbiage does not require the notary to do something that is illegal fora notary in California (Le. certifying the authorized capacity. of the signer). Please check the document carefully for proper notarial wording and attach this form if required. e State'and County information must be the State and County, where the document signer(s) personally appeared before the notary public for acknowledgment. Date of notarization must be the date that the signers) personally appeared which must also be the same date the acknowledgment, is completed. o' The no public must print his or. her name as it appears within his or her commission followed by comma and then your. title (notary public). • ' Print the name(s) of document signer(s). who personally appear at the .firrie of notarization.`. CAPA CLAIMED BY THE SIGNER o Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/tlre� is /are ) or circling the correct forms. Failure to correctly indicate this Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer The not seal impression ,must be clear and photograpbically reproducible. Impression must not cover text or lines.'' If seal impression smudges, re. -seal if a ..(Title) sufficient area permits, otherwise complete a different acknowledgment form El Partller(S)' ; Signature of the notary public must match the signature on file with the office of the county cleric ❑ . Attot'tiey-til Fact Additional information is 'not. required but could 'help to ensure this ❑ TrUStee�$�.s acknowledgment is not misused or attached, to a different document ❑ '• Other dndicate title or:type of attached document, number of pages and date. Indicate the capacity claimed by the signer.. 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N £ — . p) O p) 00., : .0 a.O .i 'O E O '-3 ri7 cc U O ' N W .� U.,.p O 00 0)..mom N N Z "•- -p ' �i '... 7r to 'S U "d' -L7 •'. d' -O O m fA "•- CO. -p..._ �• o . U W ' O d' •cs r! Q to tll N z " N Z O '; m Z Cl -0 tll tp Z Ll N ,� .0". C\' O U CO .Q N 'CL, D "O.' Q , N oo N ._ MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 25, 2011 1. • •' ' 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 Nelson led the Pledge of Allegiance. Chair/Shah asked for a moment of silence for the Turkey earthquake victims. 1. ROLL CALL: Present: Commissioners Steve Nelson, Tony Torng, Vice Chairman Kwang Ho Lee, Chairman Jack Shah Absent: Commissioner Jimmy Lin was excused. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of September 27, 2011 C/Torng moved, VC/Lee seconded, to approve the Minutes of the Regular Meeting of September 27, 2011, as submitted. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARINGS: 7.1 Development Review and Comprehensive Sign Program No. PI -2011 -79 - The applicant requested the following: 1) Development Review approval to modify the exterior facade of one of the buildings within Diamond Creek Village (former PetSmart retail space); and 2) Comprehensive Sign Program to install OCTOBER 25, 2011 Ing PLANNING COMMISSION new signage on the building and reface the signage on the existing pylon sign. The applicant also requested to subdivide the 26,937 square foot former PetSmart retail space into a multi -tenant mini. mall with 18 lease spaceswith new recessed glass entry, to the building, dedication of outdoor dining and seating areas and common areas for circulation. The floor area of the building will result in a decrease of 8,146 square feet resulting in a total leasable floor area of 18,791 square feet. The property is zoned Community Commercial (C- 2) with a consistent underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 21050 Golden Springs Drive Diamond Bar, CA 91765 PROPERTY OWNER: Lakeview Village Corporation 12879 harbor Boulevard #N-1 Garden Grove, CA 92840 APPLICANT: Mike Paz 12879 Harbor Boulevard #N-1 Garden Grove, CA 92840 SP/Lee presented staff's report and recommended Planning Commission approval Development Review and Comprehensive Sign Program No. PL201 1- 79, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Nelson asked if the owner or the prospective tenant was required to reinstall the landscaping throughout. SP/Lee responded that it would be the property owner who would be required to reinstall the landscaping. C/Nelson asked if the awnings were proposed only on the prospective tenant's units and SP/Lee responded that the awnings would be on the two units to the right of the main entrance to the building. C/Torng asked if SP/Lee had the original landscaping plan that was approved in 2008. SP/Lee said she did not have the landscape plan with her but understood that the renovation consisted of a new facade change in terms of building color, adding the stone veneer and installation of new landscaping throughout the center. CDD/Gubman stated that the remodel was not a structural remodel but more of a refresh of the exterior which did not go to the Planning Commission for approval. The refresh involved repainting, installation of stone facing on the base of the building and installing trim along the building cornice. These were minimal fixes and did not meet the threshold for Planning Commission review. The landscaping was a matter of the property owner's changing out the existing plant materials in the planting areas, which was also not subject to a public hearing review. C/Torng commented that he has visited OCTOBER 25, 2011 PAGE 3 PLANNING COMMISSION the site on numerous occasions and felt that landscaping is needed to make the site more attractive for customers. C[Torng hoped that in Diamond Bar there would be sufficient signage to let visitors know what was in the shopping center. He went to many Korean Restaurants and did not understand why one of the signs was in Korean without translation. SP/Lee responded that the fourth sign on the second row which is in all Korean is actually a translation of Jenny Hair right above that sign. It appears to her that they all have English signage as well as, foreign language signage. Chair/Shah said he believed it was against the First Amendment expression if the Planning Commission were to recommend English only. CDD/Gubman concurred with Chair/Shah and said that the City cannot mandate English only text. The City can require that at least a translation of the text is included primarily for the purpose of emergency service personnel being able to identify the businesses when responding to service calls. C/Torng said he remembered a 50/50 requirement. CDD/Gubman said he believed the Code requires only that the English translation have letters that are a minimum of 4 inches in height. SP/Lee stated that there is no percentage requirement in the City's Code. C/Torng said he believed it should be included in the condition and be enforced. VC/Lee said this is a very early stage for this project and these are not all retail businesses. How many restaurants or public serving entities are in the mall and wondered whether the parking ratio should be changed. He said he often visits this shopping center and most times he has a difficult time finding a parking space, especially during the evening hours. If this project will accommodate the traffic then he feels comfortable. SP/Lee responded that the property owner anticipates having no more than two restaurant spaces highlighted in red. With respect to parking and circulation, based on staff's parking count, staff believes it is reasonable but staff cannot foresee if there will be any circulation and parking problems. VC/Lee asked if there was parking behind the buildings and wondered if the tenants and workers could park elsewhere and leave those spaces for visitors. CDD/Gubman explained that this project is not a Conditional Use Permit and it is not involving the addition of square footage so the limit of the review is to evaluate the architectural facade change and to approve or deny the proposed sign program. Because this is not a Conditional Use Permit or new construction, the parking issue is beyond the scope of review. Additionally, the building shell is currently about 27,000 square feet and when the walkways were added inside, it reduces the actual square footage to about 18,000 so they are actually shrinking the shopping center which will hopefully lessen the potential impacts. C/Nelson suggested that the signage be 50/50 English and Korean. He does not want to make it a condition of approval but he wants to make sure that the development invites as many Caucasian people as it does Korean people. He OCTOBER 25, 2011 . PAGE 4 PLANNING COMMISSION had lunch at a Korean barbecue today and it was absolutely fabulous and he would not like to see, given the First Amendment, that the sign has to be Asian — the 1984 ruling of the Asian/American businesses against Pomona which they won — he does not want to put that into play. He believes that if the City is going to cater to the entire Diamond Bar community, 50 percent plus are Asian and 50 percent minus are other ethnic backgrounds and he would like the minus to feel as invited to this place as the pluses. This is a suggestion, not a condition. Chair/Shah said that the agenda states that though the application is for signage it also mentions the applicant is also requesting "to subdivide the 36,937 former PetSmart into a multi -tenant mini -mall with 18 lease spaces." He wanted to know if the Commission was looking at both issues or just at the signage because he believes the explanation speaks to both issues. SP/Lee responded that the -agenda describes the proposed project which includes the division of the space but the two applications the Commission is acting on are the Development Review for the facade (exterior renovations) and the Signage Program. Chair/Shah asked if the subdivision was actually an FYI and was not part of the approval process. CDD/Gubman stated that these issues go hand- in-hand because the current shell building facade was for one tenant (PetSmart) and now, not only is the interior being subdivided, the exterior is going to include the creation of five store fronts plus the main entrance to the mini -mall. The exterior facade is being chopped up and the architectural elements go hand-in-hand with that. It is difficult to dissect one from the other. To make this project work they need to modify the exterior. Chair/Shah said he was concerned about the increase in the number of tenants, when they might receive deliveries, and whether the tenant's space is enough for the retail business and storage. It occurs to him that there will be more people moving about. SP/Lee responded that delivery trucks should be accessing the rear and side of the building only. SP/Lee suggested the Commission speak with the owner about the hours of delivery and other related matters. VC/Lee said he was concerned about the residents in the neighborhood getting all of the information. SP/Lee explained that the project description was in the public notice mailed to all of the property owners. The public notice described the subdivision, the development reviews for the exterior facade change as well as, the signage. Everything is also explained in staff's report regarding the project approvals. Mike Paz, owner's representative, stated that he and his associate, Mike Coury and the property owners are very excited about this project and looked forward to making something useful out of this piece of property that they have been struggling with for several years. He felt that staff had done an excellent job over the years and more especially during the past year to develop a project for which everyone 'could be proud. During these difficult economic times the project is intended to respond to the economy in the form of retail and OCTOBER 25, 2011 PAGE 5 PLANNING COMMISSION businesses to accommodate the public. He stated that he is very proud to present this project to the Commission. Project architects are available to answer any questions. Chair/Shah asked if the applicant was in agreement with the landscape requirements. Mr. Paz said they were and they would like the opportunity to sit with staff to review the landscaping which was approved in 2008. Given the water shortage and conservation measures, the owner would like to revisit the requirements to see what he can do to make the landscaping more attractive and at the same time conserve more water. C/Nelson asked what Mr. Paz felt about changing the signage to make English and Korean more 50/50. Mr. Paz said he discussed that issue with the owner and thought it was fine. C/Nelson again stated that it would not be a requirement and Mr. Paz said he understood and thought C/Nelson's recommendation would be a very good idea. The owner has no problem doing so and both would like to be able to drive up to a mini -mall and have both translations available. Chair/Shah felt the layout and architecture was very well planned. He asked Mr. Paz to explain storage and delivery for tenants. Mr. Paz stated that the space consists of non-bearing walls that can be moved. If a tenant requires a 2500 square foot place, that could be accommodated. The property owner would definitely make sure that adequate stock space was provided for each tenant space. For example, if a tenant leased a 2,200 square -foot space it would have to accommodate their storage needs. Tenants are not limited to the configuration. Chair/Shah said he was concerned about delivery and whether the stock would provide a nuisance and fire hazard. Mr. Paz said those concerns are included in this project. The owner will implement a design criteria package that the tenants will agree to as part of the lease which includes interior and exterior signage, blinking lights, colors and materials, etc. With respect to parking, currently, some of the employees are parking in front and they will be requested to park in the back and the owner will make sure there is proper lighting. This will open up additional spaces in the front for customers. Secondly, the concern regarding parking and the number of people, it would be a great thing if the parking lot was full and there were that many people shopping at the center, but some of these spaces will be service for the hair -cutting salon, dentist office, etc., and it will not be strictly retail parking. VC/Lee stated that many Asian visitors park their cars in the parking lot for hours and take a bus to other areas and then return and he wondered if it might create a circulation problem if. the parking lot was used for a "rest" area. Mr. Coury responded that people who arrive by bus do not have cars. They use bus transportation tocome to the center to visit restaurants, shops, retail stores, etc., get back on the bus and leave and do not leave cars in the parking lot. Every shopping center has a problem with the car pool lane being close to the 9 a 2 -ATC01 2 U. u 'DRAFT l' PLANNING COMMISSION freeway. The shopping center has had people who park their car in the lot and hop in other cars so that they can car-pool someplace. The owner stays on top of that with a tow company that leaves a scout at the center 24 -hours a day. The owner has spent a great deal of money addressing . this issue. CDD/Gubman stated that this is an ongoing problem with the shopping center parking lot being used as a park -n -ride where this kind of conduct occurs and this property owner has been diligently attempting to discourage that behavior by having vehicles towed. He said he could vouch for the owner's attempt to address the problem of non -patrons using businesses to park their vehicles, not patronize the City's businesses and contribute to the tax base. Chair/Shah opened the public hearing. With no one present who wished to speak on this matter, Chair/Shah closed the public hearing. C/Nelson emphasized that the matter of the signage English v. Korean is simply a suggestion and not a requirement. C/Torng concurred and said he was pleased that this property owner was willing to invest in Diamond Bar and hoped the landscaping could be improved to encourage more patrons to the center. VC/Lee said he agreed with C/Torng. C/Torng moved, VC/Lee seconded, to approve Development Review and Comprehensive Sign Program No. PL2011-279, 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: Nelson Torng, VC/Lee, Chair/Shah NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lin PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: None STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDD/Gubman stated that no items are scheduled for the November 8 and November 22 Planning Commission meetings and wished everyone a Happy Veterans Day and Happy Thanksgiving. CDD/Gubman further stated that it is time to revisit the City's Code and complete a number of housekeeping items and updates to the provisions to reflect changes in state and federal regulations and streamline some of the more cumbersome sections of the Code to make them more user-friendly. Also n P. I a A,r - Ti 11 tj OCTOBER 25, 2011 PAGE -, PLANNING COMMISSION for the December 13 agenda, the shopping center anchored by Von's and CVS is proposing to divide into a number of parcels. The section of the shopping center that includes CVS is a parcel that extends from the CVS parking lot out to Golden Springs Drive. The property owner is proposing a Subdivision Map to create individual parcels for tenants currently occupying CVS and the spaces between the drugstore and the corner gas station. At this time, no other items are planned for that agenda. CDD/Gubman reported that with respect to Site D, there is nothing pending with the City Council. However, the V\[VUSD has begun their process of offering first right -of -refusal on the property to public entities before they can go out to the market for competitive bid. There are things. in motion to dispose of the property and there is still some discussion between the City and the school district about how to divide up the proceeds, a decision point that needs to be made before the EIR and Specific Plan is presented to the City Council. Chair/Shah encouraged everyone to vote on November 8. fifffigffl�M&l As listed in tonight's agenda. ADJOURNMENT: With no further business before . the Planning Commission, Chairman Shah adjourned the regular meeting at 7:54 pm to December 13, 2011. The foregoing minutes are hereby approved this 13th day of December, 2011. Attest: Respectfully Submitted, Greg Gubman Community Development Director Jack Shah, Chairman