HomeMy WebLinkAbout05/13/1996-m Ar
1V 139
7:00 POMIN
South Coast Air Quality Management
Auditorium
21865 East Copley Drive
Diamond Bar, California
District
Mike Goldenber
Joe '
Frankfih Fong
Joe
Don r.r
Copies of staff reports or other written documentation relating to agenda items are on file in the Community
Development Office, located at 21660 E. Copley Drive, Suite 190, and are available for public inspection.
If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours.
In an effort t6 comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the
City of Diamond Bar requires that any person in need of any type of special equipment, assistance or
accomodation(s) in order to communicate at a City public meeting must inform the Community
Development Department at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or drinking The City of Diamond Bar uses recycled paper
in the Auditorium �``''ieS"%u� and encourages you. to do tke. same.
Monday, May 13, 1996
Next Resolution No. 96-2
CALL TO ORDER: 7:00 p.m.
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Mike Goldenberg, Vice Chairman Joe
Ruzicka, Franklin Fong, Joe McManus and Don Schad
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the Planning
Commission on any item that is within their jurisdiction, allowing the public an opportunity to
speak on' non-public hearing and non -agenda items. Please complete a Speaker's Card for the
recording Secretary (Completion of this form is voluntary). There is a five minute maximum
time limit when addressing the Planning Commission.
3. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are approved
by a single motion. Consent calendar items may be removed from the agenda by request of
the Commission only:
3.1 Minutes of April 22, 1996
4. OLD BUSINESS:
4.1 Planning Commission Policies & Procedures Manual.
5. NEW BUSINESS:
5.2 Review of Fiscal Year 96-97 Capital Improvement Program (CIP) for conformity with
the General Plan pursuant to Section 65401 of the Government Code.
6. PUBLIC BEARING:
Conditional Use Permit 96-02 and Development Review 96-03 is a request for approval of a
Conditional Use Permit and Development Review for a 756 square foot automated car wash
and the remodel of an existing 1900 square foot food mart at an existing gas station located
at 3241 S. Brea Canyon Road at. the northwest corner of Brea Canyon Road and Diamond
Bar Boulevard, Diamond Bar, CA. The project site is zoned Commercial Planned
Development (CPD), has a General Plan land use designation of Office Professional and
consists of approximately 26,300 square feet (0.6 acres).
1
J
Applicant: Brian Finch, Shell Oil Company, 3281 Guasti Road, #480, Ontario, CA
Environmental Determination: Pursuant to the terms of California Environmental Quality
Act (CEQA), the City has determined that this project requires a Negative Declaration.
RECOMMENDATION: Staff recommends that the Planning Commission approve Negative
Declaration No. 96-1, Conditional Use Permit No. 96-2, Development Review No. 96-3,
Findings of Fact and conditions as listed within the attached Resolution.
7. PLANNING COMMISSION ITEMS:
8. INFORMATIONAL ITEMS:
9. ADJOURNMENT: June 10, 1996
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
APRIL 22, 1996
CALL,TO ORDER:
Chairman Goldenberg called the meeting to order- at 7:08 p.m. a the
South Coast Air Quality Management Auditorium., 21865 East Copley
Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The audience was led in the Pledge of Allegiance by C/McManus.
ROLL CALL: I
Present: Chairman Goldenberg, Vice Chairman Ruzicka,
Commissioners Fong, McManus and Schad.
Also Present: Community Development Director James
DeStef ano; Senior Planner Catherine Johnson;
Assistant Planner Ann Lungu, and Recording
Secretary Carol Dennis.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS - None
CONSENT CALENDAR:
1. Minutes of April 8, 1996.
VC/Ruzicka requested that the word "thought" be inserted
in the first sentence of Paragraph 3 on Page 4 so* that
the sentence reads: 11VC/Ruzicka stated he thought that
by moving the meeting day from Monday to Tuesday,.... etc"..
C/McManus requested Line 13, Paragraph 2 on Page 2 be
changed to read as follows: "The proposal calls for a
joint effort with the City staff".
C/McManus requested the word "he" be corrected to "the"
in Line 3 of Paragraph 6 on Page 4 so that the sentence
reads: , "Chair/Goldenberg suggested that because some
Commissioners have prior commitments, that the Planning
Commission revisit the meeting day and time issue prior
to the fourth quarter of the year".
VC/Ruzicka made a motion, seconded by C/Schad to approve
the minutes of April 8, 1996 as amended.. There being no
objections, the motion was so ordered.
OLD BUSINESS:
1. Planning Commission Policies & Procedures Manual
CDD/DeStefano stated that on March 11, 1996 staff
presented the Planning Commission Policies & Procedures
Manual dated December, 1993 which was adopted by a
previous Planning Commission. In addition, staff
April 22, 1996
Page 2 Planning Commission
presented the Planning Commission with a handbook that
.was crafted by the City Attorney and dated March, 1996.
In accordance with the wishes of the Planning Commission,
The Planning Commission Policies & Procedures Manual
presented to you tonight is a combination of these two
manuals. The manual is dated April 22, 1996 and
incorporates information and recommendations provided by
the City Attorney and additional comments provided by
staff. The document incorporates sections regarding
collection of evidence outside the public hearing, the
Environmental Quality Act procedures, the importance of
Findings and consequential actions, the preparation of
the Findings specifically dealing with bridging the gap
between the issue and the mitigation, and a discussion
regarding travel expenses.
Staff recommends that the Planning Commission review the
documents, direct staff as appropriate to make the
changes deemed necessary, and approve the Resolution. If
the Commission wishes to make significant changes, staff
will revise the document and agendizethe item for the
May 13 Planning Commission.
The Commissioners presented their requested changes to
the document in writing, requested staff to make the
appropriate changes and modifications, review the
document for clarification, and return the clean document
to the Commission on May 13 for approval and adoption of
the Resolution.
NEW BUSINESS - None
'PUBLIC HEARING- None
PLANNING COMMISSION ITEMS:
CDD/DeStefano responded to Chair/Goldenberg that the second
meeting in May is scheduled for the Memorial Day holiday. If
there is important business that cannot be held over until the
June 10 meeting,. a special meeting will'be scheduled. This
matter will. be discussed at the May 13 Planning Commission.
meeting.
Chair/ Goldenberg requested that Commissioners refer to fellow
Commissioners and staff members in the proper manner and avoid
using first names during Commission meetings.
INFORMATIONAL ITEMS:
A. Development Code Status Report
CDD/DeStefano stated that the City is currently in the
process of selecting a consultant to assist in the
April 22, 1996 Page 3 Planning Commission
Ar
formulation of the Development Code. Approximately 24
Request for *Proposals were sent to qualified consulting
firms. The City received four (4) proposals representing
a joint effort by eight (8) of the consulting firms. The
four (4) consulting firms which responded are:
Cotton/Beland/Associates, Inc.; Hogle Ireland; Urban
Design Studio, and Sharon Hightower. Staff is currently
reviewing the proposals and contacting references. Two
of the consulting firms appear to meet all of the
selection criteria including the cost criteria. Staff
intends to present a recommendation to the City Council
on May 20. Immediately following acceptance by the City
Council, the project will commence.
Chair/Goldenberg asked the Commissioners to suggest which
cities they would like to see Diamond Bar emulate and
requested that staff obtain copies of those cities'
development codes for the Planning Commission tortudy.
CDD/DeStef ano stated the Development Code. will set the
standards for the look and feel of the City's future
products which will be implemented by the actions
ns of the
staff and Planning Commission. He suggested the Planning'
Commission find examples of positive and negative
developments. He indicated that some developers go
beyond what the Code states and add amenities that create
a more pleasing and acceptable structure. In addition,
he suggested that the Commission study the existing Code
to determine the basis for Diamond Bar's current
products..
CDD/DeStefano suggested that the new Development Code
process should revisit the development review process in
order to streamline the process and insure that the
proper amount of public input is elicited for future
products.
CDD/DeStefano responded to C/Schad that the first step in
the process will be an advertised public hearing for a
seminar presentation to the Planning Commission by the
consultant.
C/Schad suggested a series of meetings similar to the
Mayor's Town Hall Meetings could be held to involve the
public in the review process.
CDD/DeStefano responded to C/Schad that it is the City's
intent to insure the maximum amount of community input
and the forum for thepublic hearings is under
consideration.
C/McManus requested that staff obtain a copy of Mission
Viejo's Development Code.
April
Commission
22,
1996
Page
4
Planning
VC/Ruzicka requested that staff obtain a copy of the
Development Code for Columbia, Maryland.
CDD/DeStef ano suggested that the Commissioners ignore the
color of a structure and view the products in black and
white. He indicated that a certain color may cause the
viewer to have a negative reaction while the actual
structure may give the viewer- a positive feeling. If the
Commissioners find product they like, staff will direct
the Development Code toward those types of products. If
Commissioners do not like A certain product, the
Development Code will be crafted to eliminate those kinds
of structures.
Chair/Goldenberg emphasized the need to become educated
by reviewing various city I s Development Codes in order to
better direct the consultants.
CDD/DeStefano stated that Diamond Bar may have specific
plans for specific areas of the City. He reiterated his
concern that the Commissioners should decide what
products are available that they like and dislike and
consider what effects such productsmight have on the
future look and feel of Diamond Bar.
VC/Ruzicka Asked that the Commission be taken on a tour
of Diamond Bar and some of the surrounding cities.
CDD/DeStefano responded to C/McManus that Redevelopment
is a tool for economic development, housing development,
infrastructure, community development, etc.
C/Fong stated he would like to review development codes
for other cities that have topography similar to that of
Diamond Bar. He suggested that the Contra Costa County
cities along the SR 680 corridor have similar topography
and community concerns for the preservation of hillsides.
CDD/DeStefano suggested one tour for Diamond Bar which
would include the products developed under the current
Los Angeles County Development Code. The first tour
should focus on what land is available for development in
the City to help determine what kinds of codes and
standards need to be included for the development of
those specific areas. For example, undeveloped portions
of "The Country Estates" are radically different in
topography and. environmental value than other portions of
Diamond Bar. Tres Hermanos is rolling hills with oaks,
etc. and. very 'different from the topography of "The
Country Estates". In addition, flat areas have been
graded and sit waiting for development opportunities.
The second tour should include the- surrounding
communities that have products this community would like
to emulate.
April 22, 1996 Page 5
Planning Commission
CDD/De.'Stef ano responded to C/Schad that one of the
considerations of commercial development is floor area
ratio. He suggested that the Commissioners compare the
developed and undeveloped portions of the City - with
neighboring city developments.such as the high rises in
Brea. He further suggested that the Commissioners
consider residential density standards that have been
implemented and how they may apply to future products.
CDD/DeStefano presented a letter from Bruce Flamenbaum which
outlines his concerns about a possible secondary access road
to.the new high school.
ANNOUNCEMENTS - None
ADJOURNMENT:
C/Schad made a motion, seconded by VC/Ruzicka.to adjourn the
meeting. There .being no objections, the motion was so
ordered. Chairman Goldenberg declared the meeting adjourned
at 8:12 p.m.
Respectfully Submitted,
James DeStefano
Community Development Director
Attest:
Michael Goldenberg
Chairman
TO: Chairman and Planning Commissioners
FROM: Ann J. Lungu, Assistant Planner
04
SUBJECT: Revised Planning Commission Policies and
Procedures Manual
DATE: ,May 13, 1996
At the last meeting, the Commission received a draft revised
Planning Commission Policies and Procedures Manual dated April 22,
1996.
Pursuant to the Commission's direction, attached is a revised
Planning commission Policies and Procedures Manual dated May 13,
1996. This manual incorporates sections (Limits on collecting
Evidence outside the Hearing, California Environmental Quality Act
Reguired Procedures, Importance of Findings in Quasi -Judicial
Action,. Preparation of Findincrs:-'A Question of Timing, Summary;
Bridging the Gap. Specific Action, and CompensatigniTravel
Expenses) and other general language throughout the manual from
the City Attorney's handbook and the Commission's manual dated
December, 1993 which the Commission received on March 11, 1996.
Although not all inclusive, the revised manual contains
information which will be helpful during your tenure.
Please review the revised manual which will be considered for
adoption by resolution.
Attachments:
1. Draft Resolution, adopting the Planning Commission Policies
and Procedures Manual;
2. Planning Commission Policies and Procedures Manual dated May
13, 1996.
OL0101,
Trrr
PULIGIIEN
annrcnnnc
wa
TABLE OF CONTENTS
SUBJECT PAGE
Introduction ............................................... 1
Community Development ................................. 1
General Information ........................................ 2
History of Diamond Bar .... .......................... 2
Diamond Bar Form of Government 2
CityAdvisory Bodies .................................. 3
CityStaff ............................................ 3
Planning Commission Membership and operations .............. 4
Purpose ... ... ...................................... 4
Responsibilities ...................................... 4
Membership .................... 4
Effectiveness......................................... 5
Officers.............................................. 7
Quorum ........................................... 7
Agendas For Meetings .................................. 8
Meetings .............................................. 9
Motions 10
Limitations on Collecting Evidence Outside
theHearing ....................................... 12
Adjourned Meetings ..... 12
Special Meetings 12
StudySessions ........................................ 12
Minutes .... . ........... ............. 13
Planning Commission Recommendations 13
Relations With City Council, Other
Commissions, Committees, and Staff 13
Relations With Public ................................. 14
Compensation/Travel Expenses 15
Conflict Of Interest .... .. .... 15
Disqualification.From Commission Decisions 18
Brown Act ..... ..... 19
California Environmental Quality Act
Required Procedures 20
May 13, 1996
Importance of Findings in Quasi-judicial'Action ........ 26
Topahga: The Cornerstone for Findings ............. 26
Definitions ........................................ 26
Purpose ................................ 26
Circumstances Requiring Findings ....... 27
PreparationofFindings: A Question of Timing ..... 27
Summary: Bridging the Gap ....................... 29
Specific Action 310
Conditional Use Permit ... 30
Variance soeoevos000—oo—oo 30
Tentative Tract Map or Parcel Map ........... oo, 30
Zone Change .............. o ........ o .......... -- 31
Summary ............................................... 31
May 13, 1996
INTRODUCTION
The City of Diamond Bar encourages and promotes participation by
citizens in the decision making process through a variety of
activities. Most notable is the appointment of citizens to a
number of standing commissions to advise the City Council on
specific issues and problems. In certain situations, the
commissions are empowered to make decisions, subject to appeal to
the City Council.
This manual's primary objective is to provide a guide for Planning
Commissioners in the conduct of meetings in accordance with City
laws and policies; to inform members of the responsibilities and
duties of the Planning commission; to clarify relationships
between commissioners and the City Council, City Manager, City
staff, and general public; and to provide general information, that
might be useful in the conduct of public meetings.
The City of Diamond Bar is fortunate to have concerned citizens
give their time by serving on the Planning Commission. The level
of citizen involvement in local government is growing, and with it
the challenge and opportunities that will require the careful
attention of the Planning Commission, City staff, and City Council
working together towards common goals. It is hoped that this
manual will assist you as a -member of the team. The City Council
. and staff are most appreciative of your time and efforts.
CommunityDevelopment
The Community' Development Department is responsible for functions
related to current and advanced planning, building and safety,
code enforcement, economic development and Community Development
Block Grant (CDBG) administration.
Two divisions constitute the Community -Development Department -
Planning Division and Building and Safety Division. The Planning
Division provides the community with long and short term planning
in order to coordinate and monitor growth and development: It is
charged with the development and implementation of the General
Plan. It prepares and administers projects for compliance with
various development ordinances. The Planning Division insures
that all projects receive' the required environmental review in
compliance with the California Environmental Quality Act (CEQA).
The Planning Division is also responsible for the advancement and
administration of economic development and �CDBG programs. it
updates and maintains records for the general public and
coordinates projects and programs with* other governmental
agencies.
The Building and Safety D ' ivision is responsible for the protection
of public health and safety through the enforcement of the
building and related codes. This division provides for building
and safety plan check, permit issuance and inspection, services.
May 13, 1996
lei *kll 0:4
History of Diamond Bar
As with many southern California communities, Diamond Bars
recorded history began with.a 4,340 -acre Spanish land-grant deeded
by Governor Alvarado to Jose de la Luz. The land was divided into
parcels which changed hands many times prior to 1900. In 1918,
Frederick E. Lewis bought most of the original Rancho Los Nogales
area to establish a cattle ranch and registered the brand of
Diamond Bar with the Department of Agriculture.
In 1956, Transamerica Corporation paid $10,000,000 to purchase
8,000 acres of the Diamond Bar ranch from the Bartholome Family.
Transamerica Corporation formed a master -planned community that
would eventually -become home for some 74,000 people. The first
model homes were built at the town's north end in. 1960 and began a
development "boom".
Diamond Bar is a typical suburban bedroom community with limited
commercial and industrial land. Commercial acreage is primarily
developed with uses designed to serve residents. Today's Diamond
Bar is a young, upscale residential community with a population of
about 54,315 situated among meandering hills and valleys of Brea
Canyon. It is located at the junction of the Pomona (60) and
Orange (57) freeways and spans 14.77 square miles.
Diamond Bar's Form of Government
The City of Diamond Bar was incorporated April 18, 1989 as a
general law City with a City Council/City Manager form of
government.
The City Council is composed of five members elected by residents
for over -lapping four year terms. It is the governing body of the
City, vested with regulatory and corporate power. The City
Council establishes policy and is ultimately responsible to the
people for its actions.
Diamond Bar's organizational structure consists of a mayor and a
mayor pro -tem --selected by the City Council. The mayor is the
presiding officer of the City Council for a one year period, with
the mayor pro -tem as the position's backup.
Due to the complexity, diversity, and quantity of issues facing
the City Council, Commissions are asked for input in the decision
making process.
May 13, 1996 2
City Advisory Bodies
There are two types of advisory bodies. One is established by
City ordinance of a permanent nature. The duties,
responsibilities and scope of authority are set forth in the
enabling ordinance. 'The other type of advisory body is created by
a resolution of the City Council to serve a particular function
for the City. The main purpose of both is to collect information,
weigh public opinion, and examine issues thoroughly in order to
make arecommendation to the City Council.
City staff
City Manager is responsible for the administration of the City's
government. This staff member is appointed by the City Councili
serves as the City's treasurer, and appoints department heads and
employees to provide services to the community.
City Clerk has the responsibility of conducting a municipal
election, providing administrative support to the City Council and
recording their actions and maintaining records for review. The
City Clerk is also the Records Supervisor.
Departments consist of Finance, Community Development, Public
Works, Building and Safety, and *Community services. The City
contracts for Police, Fire, and Building and Safety Services.
Department Directors and contractors are responsible to the City
Manager. The City Manager guides the work of all departments by
the City Council's direction.
May 13, 1996 3
PLANNING COMISS16N MEMBERSHIP AND OPERATIONS
Purpose
The purpose of the Planning Commission, generally, is to set board
policy in preparation of the General Plan which is a comprehen-
sive, long-term plan for physical development - of - the __City -of
Diamond Bar and areas within its sphere of influence. The
Commission also adopts, implements, and periodically reviews the
General Plan.
The Commission concerns itself with long-range' planning and
development including, but not limited to, the preparation and
maintenance of specific .'and area plans, and the review of
environmental impact reports and capital improvement programs. The
commission also concerns itself with short-range planning and
programming including, but not limited to, the administration of
zoning.
Responsibilities
It is the Planning Commission's primary responsibility to develop
and implement the General Plan (pursuant to Planning and Zoning
Law Government Code §65103). The Commission takes action on
development applications, gives final approval for variances,
specified development' permits, and conditional use permits.
Additionally, the commission acts as an advisory board to the City
Council for vesting and tentative parcel maps, reversion of
acreage, vesting and tentative tract maps, entitlements on
specific plans, general plan amendments, development code
amendments, development agreements, surface mining, and land
reclamation plans.
Membership (organization, Terms of Office, Filling of Vacancies)
The Planning Commission consists of five members that are
residents of the City of Diamond Bar. Selection to the Planning
Commission is based on the following: a broad perspective and
concern for the welfare and progress of the City; a familiarity
with the City's history, issues, and goals; an interest in the
Planning Commission's function and area of responsibility; a
readiness to devote time and effort. to carrying out a
Commissioner's duties and responsibilities; a willingness to be
aware of and understand the City Council's policies.
Each Commissioner is appointed by one member of the City Council
and confirmed by a City Council majority vote. However, should a
Council member fail to make an appointment within 10 days of the
vacancy in question, a Council majority vote shall appoint to fill
the vacancy.
May 13, 1996 4
If a vacancy occurs other than by expiration ' of a term, it shall
be filled within 30 days, by appointment, for the term's
unexpired portion by the Council member who appointed or had the
opportunity to appoint the commissioner whose position has been
vacated. If the vacancy is effected by the removal, the person so
removed may not be appointed to 'fill the vacancy. (Length and
expiration of terms are set by City Council ordinance No. 25C
(1989). copies of this. ordinance may be obtained through the City
Clerk's,office.)
Each of the Planning Commissioners shall be deemed to have
resigned from his/her position on the Commission 90 calendar days
after the succession of any council member, -whether by election,
reelection or appointment, who appointed, or had'the opportunity
to appoint, such commissioner, and that commission position shall
thereupon be deemed vacant and available for appointment for the
otherwise unexpired term, if any.
If a Planning Commissioner is absent from three consecutive
regular meetings or from more than 50 percent of the regular
meetings in any one year period, the commission office shall be
deemed vacant. As a result, the Commission's secretaryshall
immediately inform the City Council of such vacancy.
A Planning Commissioner's term' of office shall be two years
commencing on March -1 of even -numbered years and expiring on the
last day of February of even -numbered ' years. - Any Planning
Commissioner may be removed without cause during his/her term of
office by a four-fifths City Council vote. However, no such
member may be removed during the initial three months of any term
of office for which he/she is appointed.
Effectiveness
Organized groups exist to get things done, to complete certain
tasks, and to achieve certain agreed upon purposes or goals. A
commission is a set of individuals held together by a web of
interrelationships and feelings. ' Members have 'feelings about
themselves, about the group, and the group's tasks and goals. The
nature and intensity of these feelings set the. "climate" of a
commission. A positive climate encourages member involvement and
responsibility to take action.. optimum participation is achieved
when the commission's stated tasks are understood. Members should
keep the tasks visible and clearly.defined.
Effective commissions set clear objectives, bjectives, prioritize tasks,
anticipate and analyze problems, develop actions/options, identify
roadblocks, make decisions, actively listens supporting
colleagues, and utilize diagnostic skills.
Public hearings or citizen input meetings. may be difficult to
manage. Participants at public hearings are usually -highly
motivated and often emotional.. When there is a group of potential
adversaries in one room, the possibility of uncontrolled conflict
May 13, 1996 5
is very high. As Commissioners your role is to guide conflict to
positive results, not to eliminate it.
The following suggestions, should help manage conflict and
confrontation effectively.
1. Study your agenda and do your homework prior to the
meeting so you can concentrate on the dynamics of the
meeting.
2.. Treat all sides fairly. Set the rules of the hearing
early and make sure everyone follows them without
exception.
3. Explain carefully the purpose of the public hearing and
what action is expected at the conclusion of the
hearing. Insistence on playing by the rules is your best
tool for conflict management in the public hearing.
4. All persons speaking must clearly identify themselves,
not only for the record, but so the Commission can
address them by name.
5. Set an acceptable time limit for testimony and stick to
it.
6. Make decisions as promptly as possible. Avoid becoming
bogged down in procedural distractions, petty details,
and endless searches for more information, so that the
issue never seems to get resolved.
7. Try to turn frustration into constructive avenues. Ask
questions. 'Be specific. Reinforce areas where you
agree. Do not return insults. Your insults can turn
the audience against you for your lack of control and
unfairness.
8. Try to avoid speaker -to -audience conversation. A
hearing's purpose is to help the Commission act, not
engage in debate.
9. If other Commissioners have questions of the speaker,
permit these questions only during the speaker's time at.
the podium.
10. Be careful not to prejudge the action of the Commission.
Use the hearing to gather necessary information about
the project and individual desires concerning the
proposal. Commissioners should not express their views
on the proposal until after testimony has ended.
Comments and questions should not suggest a bias
position.
11. When testimony has ended, each Commissioner should be
invited to contribute his/her views on the proposal.
May 13, 1996 6
12. View the public hearing as an example of basic democracy
in action at the local level. Make it your personal
goal to have a successful public hearing. Individuals
should feel treated fairly and believe the commission
had all the facts, was open in its deliberations and
acted accordingly. An individual should not dominate
the meeting and there should be sufficient time for all
to speak. Individuals should not leave the meeting
feeling disenfranchised.
Officers
The Planning Commission should, at its first regular meeting in
March of each calendar year, elect a chairperson and vice
chairperson from among its members for a t , erm of one year. The
Commission may create and fill such other offices as may be deemed
necessary.
The chairperson shall be the presiding officer at all meetings.
In the absence of the chairperson, the vice chairperson shall
preside. In the absence of the vice chairperson, the Commission
shall elect a temporary presiding officer to serve until the
arrival of the chairperson or vice chairperson or adjournment. If
the chairperson's and vice chairperson's positions are vacated,,
the commission shall elect officers for the balance of the term.
The chairperson shall sign resolutions and documents approved by
the Commission at meetings where he/she is in attendance. In the
chairperson's absence, the vice chairperson shall sign all such
documents as have been adopted and approved. In the absence of
the chairperson and the vice.chairperson, the temporary presiding
officer shall sign all such documents as have been approved and
adopted during the meeting at which he/she presided.
The chairperson or presiding officer is responsible for. the
maintenance of order and decorum at all times.* No person should
be allowed to speak who has not first been recognized by the
chairperson. All questions and remarks should be addressed to the
chairperson. Meetings shall be conducted according to Roberts
Rules of Order. If necessary a Sergeant of Arms may be appointed
by the Planning Commission Secretary.
The chairperson may appoint special subcommittees of less than a
quorum of the Commission. The subcommittee may meet`to carry out
their assigned tasks, to discuss future projects, future
ordinances, and future agendas.
Ouorum
A quorum consists of a majority of the members of the Planning
Commission and is sufficient to conduct business. A quorum is
required to conduct business, at any meeting whether it is a
regular or special meeting. While a commissioner. is expected to
May 13, 1996 7
be present at all meetings, if
his/her attendance.is not possible,
the commission Secretary.
he/she knows in advance that
the Comissioner should notify
The Brown Act requires that a regular meeting date and time be
established each month. If there are no items of business on the
agenda, it is not necessary to convene. There are two ways to
handle this situation. One, the commission Secretary posts a
notice at the meeting place indicating that "for lack of a quorum,
the meeting will not be held." The other is to have the Secretary
actually show up at the regular meeting place and time and finding
no quorum, adjourn.. In the second case, there is the advantage of
documentation. Minutes of the meeting would be prepared showing a.
lack of quorum. If a notice is used, a copy of the notice must be
kept in the minutes file for the record. Meetings need not be
held unless sufficient business will be discussed.
The following steps should be taken to ensure that a public
meeting is properly cancelled:
1. State the intention to cancel the meeting a minimum of
72 hours Prior to cancelled or rescheduled date.;
2. Send out written notices to all affected parties, at
minimum, to all those that receive your agenda packets;
3. Assign one person to attend the cancelled meeting to
inform anyone that arrives that the meeting will not
take place. This person must stay a minimum of 15
minutes.
Agendas for Meetings
The Planning Commission secretary is responsible for preparation
and distribution of the agenda- and supporting documents prior to
each meeting. The agenda should indicate the schedule and subject
of the public hearing. However, with the unanimous consent of the
Commission, agenda items may be taken out of order. Pursuant to
the Brown Act, agendas must be posted at least 72 hours prior to
regular meetings.
A Commissioner may request to place one item on the agenda per
meeting. The.. Planning Commission Secretary's advice shall be
obtained pertaining to the staff's work load, cost that may be
incumbered by the City, and urgency of the item.
No action or commitment may be taken on items which, are not on the
posted agenda. No discussion may occur regarding an item which is
not posted on the agenda. Items brought up by the general public
may be presented. However, there will be no discussion held or
action taken.. The Commission may refer the item to staff. Every
agenda must provide an opportunity for the public to address the
Commission.
May 13, 1996 8
Meetings
All Planning Commission meetings must be open to the public in
accordance with the Brown Act, the local government open meeting
law. Every regular meeting's agenda must provide an opportunity
for members of the public to directly address the Commission on
items of public interest that are within the Commission's
jurisdiction. Additionally, members of the public must be
provided an opportunity to address the Commission on any agenda
item . prior to or concurrently with, the commission's consideration
of the item. The commission may establish its own procedures
relative to public participation, provided that the -procedure does
not conflict with the Brown Act.
The Planning commission meets on the second and fourth Monday of
each month at 7:00 p.m. in the South Coast Air Quality Management
District 'Auditorium located at, 21865 Copley Drive. The meeting
time and place may be changed (to accommodate specific needs) with
24-hour notice duly given to the public and media.
An official notice of a public hearing shall be published in a
local paper of general circulation. Hearings held by the'
Commission should be fair and impartial. If any member is biased
or has a personal interest in the outcome of the hearing, that
member must disqualify himself/herself and not participate.
Persons and/or groups who may be affected, by the subject of the
hearing should be ' given sufficient notice of the hearing's time
and place and a reasonable opportunity to be heard. They may be
represented by counsel if desired and may be permitted to present
oral and documentary evidence. They should also be permitted to
ask questions of any speaker to ensure a full and true disclosure
of the facts.
At the appropriate time, the Chairperson should open the hearing
and explain to the audience hearing procedures. The general
manner of.conducting hearings is within the Chairperson's control
and discretion. If there are numerous same
who would like to
participate, and all represent the same view and opinions, the
Chairperson may ask that a spokesperson be selected to speak for
the group. If this arrangement cannot be made, the Chairperson
may restrict each speaker to a time limit so all may be heard.
Irrelevant and off -the -subject comments should be ruled out of
order by the Chairperson.
After the hearing is opened, the usual procedure is for 'staff to
present the staff report, followed by Commissioners' questions
relating to the report. Proponents should then be given the
opportunity to present their case first. This is followed by An
opportunity for opponents to present their case. Proponents can
then present their rebuttal to those. points presented by
opponents. .Either side may ask questions through the Chairperson.
After all interested persons have had an opportunity to speak, the
hearing should be -closed, ending audience participation. No
hearing that has been closed may be reopened without additional
May 13, 1996 9
notice in the same manner as the original hearing, unless the
hearing is 'reopened at the same meeting it was closed and before
the Commission has taken up another matter. Commissioners may
then discuss *the ,proposal and take action on the proposal.
Notions
When a -commissioner wishes to propose -an idea for consideration,
the Commissioner must make a motion. This is the only way an idea
or proposal from a Commissioner can be presented to the body for
discussion and possible action. A motion is subject to the
following steps:
1. The Commissioner asks to .be recognized by the
Chairperson;.
2. After being recognized, the Commissioner makes the
motion with "I move ......
3. Another commissioner seconds the motion. If the motion
is not seconded, it fails;
4. The Chairperson states the motion and asks for
discussion;
5. When the Chairperson feels there has been sufficient
discussion, the debate is closed with 11 Are you ready
for the question?" or IIIS there any further
discussion?";
6. If no one asks for permission to speak, the Chairperson
puts the question to vote;
7. After the vote, the Chairperson announces the decision
with "The motion is carried" or "The motion fails" as is
appropriate;
Phrasing a motion is often difficult and corrections may be
necessary before it is acted upon. Until the Chairperson states
the motion, the. Commissioner making the motion may rephrase or
withdraw it. The consent of the second is not required. After
the motion has..been stated by the Chairperson, the consent of the
body is required to change. or withdraw it. If all of the
Commissioners consent, an amendment must be formally acted upon by
a motion. The motion, as amended, still must be voted upon. It
is particularly important when a motion is amended that the
Chairperson restate the motion so members are clear on what they
are voting on.
In making motions, Commissioners should try to avoid including
more than one proposal in the same motion. This is especially
important when Commissioners are likely to disagree. If a
Commissioner would prefer that proposals are divided and voted
May 13, 19% 10
upon separately, the Commissioner should ask the Chairperson to
divide the motion. If other commissioners do not object, the
Chairperson may treat each proposal as a distinct motion to be
acted upon separately. The request to divide may also be made by
motion.
Any commissioner may amend . the main motion or any amendment made
to the main motion. The first step is to propose the motion to
amend. Undesired words to a pending motion may be deleted or
desired words may be inserted. The Chairperson, not the
individual commissioner -who moves an amendment, should make clear
how the motion will be read if the amendment is adopted. The
Chairperson should not omit stating which words will, be deleted
and/or inserted. An amended motion must be seconded and requires
a majority vote for passage. It is better to amend a motion when
it is pending than to wait until it is adopted and then attempt to
amend. An amendment must . be related to the main motion or
amendmentto which it is directed. Any amendment which.
substitutes a new motion rather than amending the existing motion
is out of order and may be so declared by the Chairperson.
Motions may be passed 2-1- if only three commissioners are in
attendance. A split vote (negative, affirmative, or, neutral)
shall equal denial of the action as submitted.
When the Commission is acting in an adjudicative capacity, and if
a Commissioner is to vote on a matter which is the subject of a
public hearing, the commissioner should be present during the
public hearing. However, if the public hearing has been closed
and continued for a decision to another -date, or the h vote
is
continued to another date, an absent commissioner can vote if the
commissioner.states the following on the record: I have listened
to the full tape of the prior hearing(s) and read all documents
consideredatthe prior hearing(s) on this matter.
Any Planning Commission action may be reconsidered if*a motion for
reconsideration is introduced by a Commissioner who was among the
majority of the action for which reconsideration is sought. Such
,a motion may be seconded by any Commissioner who voted on the
action or who would be eligible to vote on it if the motion for
reconsideration carries.
For any action requiring a . resolution passage, a motion for
reconsideration may not be introduced after the meeting's closing
at which such resolution was adopted. Motions for reconsideration
of actions which do not require a resolution passage may be
introduced at any subsequent meeting. Where a motion may not be
reconsidered, it is often possible to make a new motion which
revises or reverses the* earlier decision. Any questions on this
point, or any other matter of parliamentary procedure should be
referred to the city Attorney or the city Clerk.
May 13, 1996 11
Limitations on -Collecting Evidence outside the Hearing
The fair hearing concept includes the requirement that all
evidence that serves as the basis of an adjudicative decision must
be in the record so that it is subject to rebuttal. This can be a
problem if Commissioners collect evidence outside of the public
hearing. For example, the Commissioners may find it desirable to
Visit the- site that is -the subject of an' --application before -the---
Commission. So long as the Commissioner indicates on the record
thathe/she has done so and describes what was seen, a site visit
will not affect the validity of the hearing. The Commissioner
should avoid speaking to applicants or other members of the public
about a matter that is the subject of an adjudicative decision.
In the event that they do have a conversation with a member of the
public on such a matter, the Commissioner should state on the
record who they spoke with, and the subject of the conversation.
In this way the evidence.6btained by the individual Commissioner,
outside of the hearing, will become part of the record, and will
be subject to rebuttal during the hearing.
Adjourned Meetings
The Planning Commissi6n may adjourn any meeting to a time and
place specified in the order of adjournment. An adjourned regular
meeting is considered a regular meeting for the purpose of
transacting business.
If for any reason, the business to be considered at a regular
meeting cannot be completed, the commission may designate a time
and date for an adjourned meeting. The adjournment must be
announced to the public present at the time and recorded in the
minutes. Any meeting may be adjourned to a time, place, and date
l .
certain, but not beyond the next regular meeting. Once adjourned,
the meeting may not be reconvened.
Special Meetings
Special meetings shall be opened to the public. They may be
called by the Chairperson or majority of Commissioners or the
Secretary. Written notice shall be -given to the City Council and
media at least -24 hours prior to the special meeting.' The written
notice shall indicate the business to be considered and the time
and place of the special meeting. Only mattiers.specified in the
notice may be considered pursuant to California Government Code
Section 54956.
Study Sessions
Study sessions or "work sessions" are usually informal, though
public. They are usually scheduled as adjourned regular meetings
and have a separate agenda.
May 13', 1996 12
Minutes
Minutes are taken at all Planning commission meetings, transcribed
and included in the following agenda packet. once approved, the
minutes are forwarded to the city Council for their information.
Minutes are then kept as the official record for the Planning
Commission's actions and are open for public review.
Minutes shall consist of a clear and concise statement of each and
every action including the. motions made and the vote thereon.
Reasons for making a motion or voting, debate, and audience
reaction are generally. irrelevant for purposes of the minutes.
Such items may - be included if considered to be particularly
relevant or otherwise necessary by the Planning Commission
Secretary. The Planning Commission Secretary shall have exclusive
responsibility for preparation of the minutes. Any directions for
changes in the minutes shall be made only by the Commission's
action. Additions and corrections of the minutes may be made only
in public meetings, with the Commission's approval and not by the
private request of individual members.
planning Commission Recommendations
Planning Commission actions can be either advisory or conclusive
unless appealed to the City Council. Advisory actions are
transmitted to the City Council by the Planning Commission*
Secretary for final'action/decision.
Relations with City Council, other Commissions, -- committees, and
Staff
In areas where there is an overlap of jurisdiction between
Commissions,' it is important that a liaison be developed to insure
consideration of the different viewpoints and minimize duplication
of efforts. Joint meetings with the City Council and other
commissions and committees may be mutually beneficial whenever two
or more bodies are simultaneously addressing the same topic.
Planning commission members may address the City Council on any
matter as individuals or as a commission with majority approval of
the Planning Commission members. Additionally, the Chairperson
may address the City Council as a representative of the Planning
Commission with majority approval of the Commission. The
Commission should not attempt to relieve the city Council of the
responsibility for making political decisions. This
responsibility properly rests with the City Council and cannot be
delegated to any other body, however capable and interested it
might be.
The . commission or a member may disagree with the city Council on
any issue. once the City Council has established a position on an
issue, the Commission must accept the position, policy, and
May 13, 1996 13
program adopted by the City Council. If personal ethical problems
arise, resignation from the Commission is appropriate. The
Planning Commission should not attempt to predict City Council
action, either publicly or privately. They may and should
interpret City Council policies or identify trends in Council
thinking.
The City's administrative -staff works for and 'is responsible to
the City Manager. The City Manager may assign staff to act in a
technical advisory capacity and provide supportive assistance to
the Commission. Exdept where administrative authority is
specifically conferred upon the Commission, the Commission should
not attempt to direct or decide on the priority of work for the
department providing staff to it. It should not ask that staff
hours be committed for work that has not been budgeted or has not
been approved by the city council. Since staff is directly
responsible to the City Manager, it becomes his/her responsibility
to allocate their time and efforts. However, the Commission
should set priorities for their own agendas.
It is not expected that every staff recommendation will be
approved. Based on the technical knowledge of staff,
consideration should be given to their recommendations. After a
staff recommendation is made, the Commission may or may not agree.
In the latter case, staff has the option of making their
recommendations to the City Council through the City Manager which
may be different from those of the Commission.
The Planning Commission or its -members should not discuss
individual concerns -regarding personnel related matters with
employees. These matters should be referred to their respective
supervisors, department head, or the City Manager.
Relations with the Public
Planning commissioners are encouraged to become aware of public
opinion relating to their field of influence and welcome citizen
input at Commission meetings. The Commission is encouraged to
take inventory of opportunities and resources to increase citizen
involvement.
Commission members should conduct themselves at public meetings in
a manner that is fair, understanding, and gracious as
circumstances permit. Members should be considerate of all
interests, attitudes and differences of opinion. Members* should
take care to observe the appearance and the principle of
impartiality.
The Commission should ensure that rules and procedures* are clear
to the public in public meetings. Commissioners will defer to the
Chairperson and *try to avoid speaker -to -audience conversation.
The public hearings purpose is usually to help the Commission act,
not engage in debate or argument with the public.
May 13, 1996 14
Commissioners should not accept gifts from applicants or other
persons concerned with matters which have been or might come
before the Commission.
Commissioners should avoid making statements to the media or
public onmatters that have not been presented before the entire
Commission. They should be aware that any statements or opinions
made to media members could be considered "on the record" by the
reporter. Such statements should be made in consideration of. the
likelihood that they will be printed or broadcasted,.
Relations with the City Council should also be kept in mind when
communicating with the public or the media. Commissioners are
considered by the public as members of and spokesperson for the
official. city family. since policy decisions are the City
Council's sole responsibility, it is inappropriate for
Commissioners' as representatives of the City, to publicly
criticize established Council policies or Council members. if
personal ethical problems arise, resignation from the Commission
is appropriate. This does not in any way pre6lude a
Commissioner's responsibility to advocate his or her position on a
policy matter Prior to an official policy decision.
Compensation/Travel Expenses
Each Planning Commissioner shall be paid a fixed sum for each
commission meeting attended. The sum to be paid is established by
City Council resolution.
The City Council may provide such sums as the Council deems
reasonable, in its sole discretion, for travel expenses, meals,
lodging and related expenses necessarily incurred due to the
performance of their official duties, including attendance at
seminars, conferences or training courses approved by the City
Council. The expenses may be advance to Commissioners or
otherwise paid, to them, in accordance with established City
Council policies.
Conflict of Interest
Government Code Sections 87100, et seq., requires that public
officials avoid any serious conflicts of interest when acting in.
their official capacities. As a Planning Commissioner, two
aspects of these provisions will affect you. First, you are
prohibited from participating in decisions about any matter in
which you have a financial interest. Second, you are required to
file an annual financial disclosure statement. The first
financial disclosure statement is due shortly after you are sworn
into office.
May 13, 1996 15
Government Code Section 87100 states under what circumstances
influencing a governmental decision is prohibited:
No public official at any level of State or local.government
shall make, participate in making or in any -way attempt to
use his official position to influence a governmental
decision in which he knows or has reason to know he has a
financial interest. -
Government Code Section 87103 defines what constitutes a
"financial interest":
An official has a financial interest in a decision within the
meaning of Section 87100 if it is reasonably foreseeable that
the decision will have a material financial effect,
distinguishable from its effect on the public generally, on:
(a) Any business entity in which the public official has a
direct or indirect investment worth more than $1,000.00i
(b) Any real property in which the public official has a
direct or indirect interest worth more than $10000.00;
(c) Any source of income, other than loans by a commercial
lending institution in the regular course of business on
.terms available to the public without regard to official
status, aggregating $250.00 or more in value provided
to, received by or promised to the public official
within 12 months prior to the time when the decision is
made;
(d) Any business entity in which the public official is a
director, officer, partner, trustee, employee, or holds
any position of management; for purposes of this
section,
ction, indirect investment or interest means any
investment or interest owned by the spouse or dependent
child of a public official, by an agent on behalf of a
public official, or by a business entity or trust in
which the official, the official's agent, spouse, or
dependent children own directly, indirectly, or
beneficially a 10 percent interest or greater.
Obviously, if a Commissioner is applying for a zone change for
property the -commissioner owns, that Commissioner should not
participate in the decision on the zone change. The Commission
should be aware, however, that Section 87103(b) also applies to
real property that is indirectly affected by a decision of the
Commission. There are' specific guidelines applicable to a
decision that in indirectly affected by a decision;
(e) The effect of a decision is material as to real
property in which an official has a direct,
indirect or beneficial ownership interest (not
including a leasehold interest), if any of the
following applies:
May 13, 1996 16
(1) The teal property in which the official has
an interest, or any part of that real
property, is located within a 300 foot radius
of the boundaries (or the proposed
boundaries) of the property which is the
subject of the decision,. unless the decision
will have no financial effect upon the
official's real property interest;
(2) The decision involves construction of, or
improvements to, streets, water, sewer, storm
drainage or similar facilities, and the real
property in which the official has an
interest will receive new or substantially
improved services;
(3) The real property in which the official has
an interest is located outside a radius of
300 feet and any part of the real property is
located within a radius of 2,500 feet of the
boundaries (or the proposed boundaries) of
the property which is the subject of the
decision and the decision will have •a
reasonably foreseeable financial effect of: ,
(A) $10,000.00 or more on the fair market
value of the real property in which the
official has an interest; or
(B) Will affect the rental value of the
property by $1,000-00 or more per 12
month period.
(f) The reasonably foreseeable effect of a decision is not
considered material as to real property in which an
official has a direct, indirect or beneficial interest
(not, including a leasehold interest), if the real
property in which the official has an interest is
located entirely beyond a .2,500 foot radius of the
boundaries (or the proposed boundaries) of the property
which is the subject of the decision; unless:
(1) There are specific circumstances regarding
the decision, its effect, and the nature of
the real property in which the official has
an interest, which make it reasonably
foreseeable that the fair market value or the
rental value of the real property in which
the official has an interest will be affected
by the am ' ounts set forth in subdivisions
(a)(3)(A) or (a) (3) (B) ; . and
(2) Either of the following apply:
(A)* The effect will not be substantially the
May 13, 1996 17
same as the effect upon at least 25
percent of all the properties which are
within a 2,500 foot radius of the
boundaries of the real property in which
the official has an interest; or
(B) There are not at least 10 properties
under separate ownership within a 2,500
foot radius of the property in which the
official has and interest".
It is strictly the individual Commissioner's decision whether or
riot his/her "financial interest" constitutes sufficient reason to
disqualify himself/herself from consideration' of a particular
matter. It is important that a Commissioner be,alert to identify
at an early stage any real or potential conflicts of interest, and
that he/she acts accordingly. Should a Commissioner need
assistance in determining whether a conflict exists, the City
Attorney's office may be called. For some potential conflicts, it
may be necessary to request an opinion from the Fair Political
Practices Commission (FPPC). The City can provide the telephone
numbers of appropriate FPPC staff members or place calls on your
behalf. Under recent decisions of the FPPC, the fact that a
Commission relies on the opinion of the City Attorney does not
protect that commissioner from enforcement actions by the FPPC, if
the City Attorney's -advice was erroneous.
There are a number of other conflict of interest statutes and
doctrines which govern such issues as 'Commission approved
contracts in which commissioners have a financial interest, the
holding of two "incompatible" public offices, and other cases in
which a Commissioner's ability to render an impartial decision
could be questioned. The City Attorney can provide advice on any
of these issues.
Commissioners are among those public officials who are required by
Government Code Section 87200 - to file a state disclosing
investments and interests in real property. The City Clerk will
provide the Commissioners with the disclosure report forms. These
disclosure statements, must be filed shortly after a Commissioner
is sworn into office and by April 1st of each following year that
the commissioner remains in office. The originals of these
se forms
are then forwarded by the City Clerk to the Fair 'Political
Practices Commission.
Disqualification From Commission Decisions
As a Commissioner, if a matter in which you have a financial
interest comes before the Planning Commission and the decision
will naturally affect that financial interest, you must disqualify
yourself from all participation. This means you may not discuss
the matter with your colleagues, may not participate in
deliberations
liberations concerning the matter, must abstain from voting, and
refrain from any attempt to influence the decision on this matter.
May 13, 1996 18
The Commissioner should leave
consideration 'in order to avoir
financial interest leading to
recorded by the Secr etary.
Chairperson should request it.
the room while the matter is under
violating these
abstention must
If a reason is
prohibitions. The
be identified and
not offered, the
There are two exceptions to the general rule. The first exception
is that a Commissioner will not be disqualified if the decision
will affect the commissioner's financial interest in the same
manner it will affect the public generally. The second exception
is that Commissioners may be advocates on their own behalf,
provided that they do this as any other citizen would. It is
desirable to guard against even the suspicion of unethical conduct
by any city official. city officials should be careful to avoid
any act or statement that might be misconstrued. Their official
behavior should appear to all concerned above reproach.
Brown Act
The stated requirements for a regular meeting time and a well
publicized notice of any special meeting- are necessary to
implement the citizens' right to know what their public officials
are doing.. The Ralph M. Brown Act states in the strongest terms
the necessity for openness in public meetings.
The Brown Act states:
"In enacting this chapter, the legislature finds and declares
that the public commissions, boards, and councils, and other
public agencies in this state exist to aid in the conduct of
the people's business. ' It is the intent of the law that
their actions be taken openly andthat their deliberations be
conducted openly."
"The people of this state do not yield their sovereignty to
the agencies* which serve them. The people, in delegating
authority, do not give their public servants the right to
decide what is good for the people to know, and what is not
good for then to know. - The people insist on remaining
informed so that they may retain control over the instruments
they have created." (Government Code, Title 5. Section 54950)
The Brown Act's provisions may apply to meetingsof less than
quorum committees, of boards or commissions, but not to social
gatherings where no action is taken or commitment made related to
City affairs.
Responsibility to know current Brown Act,revisions rests with each
Commissioner.
May 13, 1996 19
California Environmental Quality Act Required Procedures
In -general terms, the following explains the basic steps required
by the California Environmental Quality Act (CEQA). Each City is
required to adopt its own local guidelines for implementing CEQA.
STEP 1. Project application received.
(a) Staff decides whether the . proposed, .,activity is
subject to CEQA or exempt.
(1) "Exempt" means not within the definition of
"project", or that it is ministerial, an
emergency project, or categorically exempt.
(b) An exempt project requires no further action under
CEQA or it's guidelines.
(1) The applicant should be notified 'of the
determination. (State Guidelines, S15374 and
S15062 and Public Resource Code $21167 (d).
(c) -Staff reports the environmental determination to
the Planning Commission when proposed action on
the project is before the Commission.
STEP 2. Project is subject to CEQA.
(a). To determine if a project may have a significant
effect on the environment, staff conducts and
prepares a written Initial Study.
(1) An Initial Study consist of a completed
Environmental Checklist plus staff's analysis
of environmental effects.
(b) After determining that an Initial Study will be
prepared, staff consults informally with other -
agencies having jurisdiction over the project as
to whether an Environmental Impact Report (EIR) or
Negative' Declaration declaring the project will
not have significant environmental impacts should
be prepared.
(1) Staff may also consult with the applicant
during or immediately after the Initial
Study's preparation and determine whether the
applicant is willing to modify the project to
reduce or eliminate any significant effects
identified in the Initial Study.
(c) If the proposed project involves the issuance of a
permit, lease,* license or other entitlement for
use, the City must determine in writing, within 30
days from the applicant's receiRt., if the
application is "complete".
May 13, 1996 20
(1) A written notice of this determination must
be sent to the applicant.
(2) If the application is not complete, the
notice must inform the applicant of all
information required to make the application
"complete".
(3) . If the application is complete, the notice
should so.inform the applicant and may inform
the applicant that an EIR or Negative
Declaration will be required.
STEP 3. Initial Study indicates the project may have a
significant effect on the environment.
(a) Staff or applicant may suggest project revisions
which, when implemented will result in the project
having no significant environmental effects.
(1) If this occurs, the project should be
formally revised to reflect these "mitigation
measures" and follow procedures in Step 4
(listed below).
(b) If the project may still result in one or more
significant environmental effects after mitigation
measures are added, follow procedures in Step 7
(listed on page 20).
(c) If I the project involvesthe issuance of a permit,
lease, license or other entitlements for use, the
City has 30 days from the date the application was
determined "complete" within which to decide if a
Negative Declaration or EIR is required.
STEP 4. Initial Study indicates that the project will not have a
significant effect on the environment.
(a) Staff prepares a proposed Negative Declaration (in
accordance with State Guidelines SS15070, 15071,
15072, 15074, and 15075) including mitigation
measures, if any, and attaches a copy of the
..Initial Study, documenting reasons to support its
findings.
(1) Mitigation measures require a mitigation
monitoring program which must be prepared and
adopted at the same time the Negative
.Declaration is adopted.
(b) Public notice that a Negative Declaration has been
prepared must be given before it is approved/
disapproved by the commission (Guidelines S15072).
May 13, 1996 21
(1) Public review must be no less than 20 days,
unless State Clearinghouse review is
required.
(2) State Clearinghouse review requires that
public review be extended to 30 days.
(3) Notice. for the proposed Negative Declaration
must also be filed with the County Clerk, who
must post the notice within 24 hours after
receipt of the proposed negative declaration
for a 30 day period.
(c) The City must consult with, and solicit comments
from, each agency with jurisdiction over the
project by law, consult with persons having
special expertise (State Guideline S15073) , -and
send a copy of the proposed Negative Declaration
to -these agencies.
(d) If the project is of statewide, regional, or area
wide significance, the proposed Negative
Declaration must be sent to the State
Clearinghouse for review.
(1) For a project involving the issuance of a
permit, lease, license, certificate or other
entitlement for use, the Negative Declaration
must be completed and ready for review by the
Commission within 105 days (plus a reasonable
extension if the developer/ applicant agrees)
from the date the project- application was
determined "complete".
STEP 5. Negative Declaration preparation.
(a) Planning Commission or council must review and
consider the Initial Study, proposed Negative
Declaration, any comments received and staff's
analysis of those comments and approve or
disapprove the Negative Declaration Rr'or to
making any determination on the project.
(1) A project can not be approved until a
Negative Declaration has been approved or an
EIR has been certified.
(2) If the Commission finds that the proposed
project may have a significant environmental
impact, the Commission rejects the Negative
Declaration and asks for an EIR to be
prepared.
(3) The City can approve or disapprove a project
for which a Negative Declaration is prepared
May 13, 1996 22
within three months (plus a 90 day extension
if the developer/ applicant agrees) from the
date the Negative Declaration is adopted;
otherwise the project may be automatically
approved by operation of law.
STEP 6. Negative Declaration approved.
(a) A Notice of Determination (NOD) must be filed with
the County Clerk.
(1) If the Negative Declaration includes a
finding of no adverse effect on wildlife, a
Certificate of Fee Exemption (the Fish and
Game Code I §710.5'et seq.) must, be filed with
the NOD.
STEP 7. There is or may still be a significant effect.
(A) A draft EIR must be prepared (State Guideline
§15064).
(b) A draft EIR must also be, -prepared if members of
the public present substantial evidence that the
project may have a significant effect on the
environment (State Guideline §15064).
STEP 8. EIR preparation.
(a) The city must send, by certified mail, a Notice of
Preparation (NOP) to each agency with juris-
diction over the project providing the responsible
agencies with sufficient information describing
the project and the potential environmental effect
to enable the *responsible agency to make a
meaningful response.
(1) The NOP must also be filed with the County
Clerk, who must post the notice for a 30 day
period.
(b) Before completing a draft EIR, staff must consult
with other agencies having jurisdiction over the
..project concerning the scope and content of the
EIR. The other agencies have 30 days to respond
and the draft EIR cannot be circulated for review
and comment until that time has lapsed (State
Guidelines §15082).
STEP 9. After the draft EIRfs completion.
(a) A Notice of completion (NOC) must be filed with
the Secretary for Resources and notice stating the
significant effects on the environment, if any,
anticipated as a result of the project and an
May 13, 1996 23
opportunity to review and comment on the EIR must
be given to•the public, along with the location at
which all the documents referenced in the draft
EIR are available for review.
(1) A 30 day minimum public review and comment
period is required.
(b) The draft EIR must be sent to other agencies
having jurisdiction over the project and Trustee
Agencies-.
(c) If the project is one of statewide, regional or
area wide.significance, the draft EIR must also be
sent to the State Clearinghouse for review.
(1) A minimum 45 day public review period is
required.
STEP 10.' Public Hearing.
(a) A public hearing on the draft EIR may be
conducted. CEQA does not require, but encourages
public hearings.
(1) If a hearing is held, it must be properly
. noticed (State Guidelines S§15087 and 15202).
STEP 11. Final EIR-.
(a) Staff assembles the final EIR which includes, the
draft EIR plus public and other comments and
responses to significant issues raised in the
comments.
(b) At least 10 days before certifying a - final EIR as
complete, a proposed written response must be
provided to each public agency that commented on
the EIR.
STEP 12.. Certification .of EIR.
(a) The Commission reviews and considers the final EIR
and makes the findings required by CEQA and the
State Guidelines prior to approving the project,
including adoption of a mitigation monitoring
program.
(1) No project for which an EIR is required can
be approved unless such findings have been
madefor each significant impact identified
in the EIR.
May 13, 1996 24
(b) Possible findings are:
(1) Changes or alterations have been required
in ... the project which avoid or
substantially lessen the significant
environmental effect ... or
(2) Such changes or alterations are within the
responsibility and jurisdiction of another
specific public agency ... or
(3) Specific economic, social, or other
considerations make infeasible the mitigation
measures or project alternatives identified
in the final EIR (Guidelines §15091 (a)).
(c) If the Commission makes either finding (2) or (3)
for any impact identified in the EIR, CEQA
requires the Commission to balance the benefits of
a proposed project 'against its unavoidable
environmental risks in determining whether to
approve the project.
(1) The, commission cannot approve. the project
unless it finds that the project's benefits
outweigh the unavoidable adverse
environmental effects. - This finding is
commonly referred to as a "Statement of
overriding Considerations".
(d) commission makes a'decision on the project.
(1) This can be at the same meeting as the
decision on the EIR.
(2) The city must approve or disapprove the
application within six months of the date the
EIR is certified or the project may be.
approved by operation of law.
STEP 13. If The Commission approves a project for which an ETR
was prepared.
(a) _An NOD must be filed with the County Clark,
including a statement of mitigation measures, the
commission's decision, and a statement that an EIR
was prepared and certified as required.
If the project requires discretionary
approval from a state agency the NOD must
also be filed with the Secretary for
Resources (State Guidelines S15094).
May 13, 1996 25
Importance of Findings in Quasi -Judicial -Action.
From time to time the Planning Commission will be called upon to
exercise its quasi-judicial function. In other words, the
Commission will sit as a "judge". -Examples of quasi-judicial
decisions include decisions on whether a variance or a conditional
use permit is appropriate for a particular piece of property. The
following discussion, excerpted from a December 30 ' . 1982
publication - by the State Office -of Planning- and Research,
discusses the importance of the Commission making findings showing
the reasons the Commission made its decision.
TOPANGA: THE CORNERSTONE FOR FINDINGS
Any discussion of findings and decisions affecting land use must
begin with the seminal case in the area, Topanga Association for a
scenic community v. County of Los Angeles, 11 Cal.3d 506 (1974).
In Topanga, the court defined findings, explained their purposes,
and showed when they are needed.
Definition
The Topanga court defined findings as legally relevant
subconclusions which expose the agency's mode of analysis of
facts, regulations, and policies, and which bridge the analytical
gap between raw data and ultimate decision (Topanga, supra, at pp.
515 and 516). In other words, findings are the legal footprints
local administrators and officials leave to explain how they
progressed from the facts through established standards to the
decision.
I
The Topanga court outlined four purposes for making findings, two
of which are relevant mainly to the decision-making process, and
the other two relevant to judicial review functions.
Findings should:
1. Provide a framework for making principled
decisions, enhancing the integrity of the
-administrative process;
2. Help make analysis orderly and reduce the
likelihood that the agency will randomly leap from
evidence to conclusions;
3. Enable the parties to determine whether and on
what basis they should seek judicial review and
remedy;.and,
4. Apprise a reviewing court of the basis for the
agency's action.
Topanga, supra, at pp. 514 and 516 [fn. 14]
May 13, 1996 26
Circumstances Requiring Findings
While the four purposes seem clear enough, state law has not
clearly distinguished between, the situations which require
findings from those which do not. Absent a specific legislative
requirement for findings, the courts determine when they are
necessary. In general, case law has required findings for land
use decisions that are adjudicative in nature (also known as
quasi-judicial, administrative, or adjudicatory decisions) In
this type of decision, a reviewing body, holds a hearing, as
required by the Constitution, State statute, or local ordinance,
takes evidence, and bases its decision on the evidence. The
action * involves applying a fixed rule, standard, or law to
specific facts and a specific parcel of land. Examples include
variances, use permits, and tentative subdivision and parcel maps.
In each case local officials apply existing land use or other
development standards to specific parcels.
Not only do these approvals constitute adjudicative acts, their
denials are adjudicative in nature as well. Especially in the
case of tentative subdivision maps, if the dedision-making body
makes certain statutory findings, it must deny the subdivision. map
(Government Code S * ection 66474). If the body makes certain other
findings, it has the option of denying the subdivision (Government
Code S66474.6).
By way of comparison, findings are not necessary. for legislative
or quasi -legislative acts, unless specifically required by statute
(Ensign Bickford Realty Corp. v.. City Planning Commission [ 19 7:7 ]
68 Cal.App.3d 467, 473). In contrast with adjudicative acts,
legislative acts generally formulate a rule to be applied to all
future cases rather than applying an existing rule to a specific
factual situation. Examples are the adoption or amendment of a
general
eneral plan or zoning ordinance. Even though a zone change or
general plan amendment may be specific to a particular parcel, it
is still a legislative act because its underlying effect is
legislative in nature, regardless of the size or geographic scope
of the property affected (Arnel Development Company v. City of
Costa Mesa (1980) 28 Cal.3d 511, 514; Karlson v. City of Camatilto
[1980] 100 Cal.App.3d 789, 799).
preparation of Findings: A Question of TimincF
In resolving the question of at what point in the process should
the decision-making body adopt findings, Topanga again provides
guidance. Topanga states that findings should enhance the
integrity of the administrative process, help make . analysis
orderly, and reduce the likelihood that the agency will randomly
leap from evidence to conclusions. This requires the decision -
makers to identifythe reasons supporting a decision prior to
taking action.
However, in the daily reality of acting on a myriad of different
land use applications,. a local body -may face a number of factors
May 13, 1996 27
making it difficult to formulate detailed and well -articulated
findings and reduce.them to writing at the point of the decision.
Factors affecting this include the nature of the decision, the
evidence, and the presence or absence of external factors like
State mandated time limits requiring local agencies to act within
specific time periods. The following example illustrates how
these factors operate to influence the adoption of findings.
Late in the evening, after lengthy public testimony and
extensive post -hearing discussion of the basis of the
decision, a city planning commission has reached consensus
to deny a tentative subdivision, contrary to the staff's
recommendation. The staff report contains suggested
findings supporting the tentative subdivision, and
environmental findings supporting the adoption of a Negative
Declaration. The commission must act on the application
that evening because of statutory time limits. For
decisions affecting subdivision maps, the commission acts by
motion to adopt a resolution, and the sponsor of the
approving motion, a lay person, has difficulty articulating
all the reasons which have been discussed for approving the
project. Because of the time limits, there is no future
opportunity to incorporate the findings into the decision.
This illustration shows several practical difficulties in adopting
adequate findings. First, lay commissioners may not readily
assimilate new information and may have difficulty verbalizing
their rationale in the form of structured findings needed to
support their decisions, - especially if such decisions closely
follow lengthy public hearings and
d statutory time limits are
present. Second, if the resolution must be adopted that night due
to statutory time limits, there is no opportunity to direct staff
to, prepare a resolution incorporating the necessary findings
supporting the action taken, the preferred approach.
In this example,. had the commission agreed with the staff
analysis, it could have adopted findings by reference to the staff
report, since making findings by reference is permissible
(McMillan v. American General Finance Company (1976) 60 Cal.App.3d
175, 184). Many agencies have their staffs prepare proposed
findings for their decision -makers to consider and then use,
revise or reject. The suggested findings can help the decision -
makers identify the appropriate information, policies, and
regulations governing the proposed project and guide them in
making the necessary findings. Of course, before- adopting any
staff -prepared findings, the decision -makers must objectively
review and, where necessary, revise them to make sure that they
accurately reflect both the evidence in the record' (which is
likely to be supplemented in the hearing after the preparation of
the staff report) and their own conclusions. In addition, failure
to objectively review these findings by the decision-making body
exposes the City to a challenge for acting without appropriate
deliberation. That is, in the end, the commission would not adopt
May 13, 1996 28
findings of their own decision but, instead, would adopt findings
reflecting the staff opinion of what the decision should be.
Where the opportunity exists, many local land use decision-making
bodies take tentative action and then direct staff to draft a
written statement of the supporting reasons as reflected in the
evidence and the deliberative discussion. The staff draft can
thenbe reviewed for adoption as the agency's findings at a later
meeting.
ing. This method provides the opportunity to carefully review
the entire record, including the evidence presented ' during the
public hearings.* of course, if this review of i the record reveals
that there is an evidentiary gap, the decision -makers must. be
prepared to alter their decision.
Whether or not a decision-making body relies on staff -prepared
findings pre- or post -hearing, the goals are the same. These
goals are to ensure that decisions are- made in an open and
reasonable manner, based upon articulated reasons which in turn
are based upon the evidence in the record.'
Summary Bridging the Ga
California courts have demonstrated their concern for rational and
open land use decisions that protect the public interest. The
Topanga court offered four purposes for findings, all emphasizing
these concerns. The now familiar language of "bridging the
analytical gap between raw data and ultimate decision" leaves no
doubt that courts intend decision -makers to follow an orderly path
of logic before arriving at their decisions. While the political
reality of making land use decisions involves compromises at
times, the political reality must accommodate rational and
dispassionate deliberation in the decision-making process.
In the area of land use planning, local decision-making bodies
must adopt findings when making adjudicative decisions -variances,
conditional use permits, tentative subdivision and parcel maps,
and public street abandonments. Further, Public Resources Code
S21osi requires decision-making bodies to make one. or more
findings when an Environmental Impact Report identifies
significant effects of a proposed project. Also, some State
.statutes require findings before jurisdictions approve certain
legislative decisions., such as growth limiting general plans and
growth limiting zoning ordinances.
The -process of making land use decisions has its rough edges:
economic impacts, election campaigns, tender egos, and
neighborhood conflicts. Making findings as an integral part of
the decision-making process will not guarantee that all of the
rough edges will be smoothed out. , However, if decision-making
officials take findings seriously, they can reduce the public's
doubts about the wisdom of their decisions and reduce public
skepticism about their motivations. Using findings builds an
excellent defense for local officials' decisions, and ultimately
more justly serves the public purposes of regulating land use.
May 13, 1996 29
Specific Action
A Conditional Use Permit (or C.U.P.) is an application filed in
order to establish a use which is not automatically permitted in
the zone. The conditional use permit procedure was created in
order that controls could be placed upon particular uses of land
so -that the -use will--not-adversely-affect neighboring properties.
Land uses are either automatically. permitted, conditionally
permitted by approval of a conditional use permit, or prohibited.
A prohibited use cannot be, allowed through a conditional use
permit.
In granting a C.U.P., specific findings must be made. Typically,
these are: (1) the proposed use and development will be consistent
with the General Plan; (2) the site is adequate in size, shape,
topography, location, utilities, and other factors to accommodate
the proposed use and development; (3) there will be adequate
street access and traffic capacity; (4) there will be adequate
water supply for fire protection; and (5) the proposed use and
development will be compatible with the intended character of the
area. The Diamond Bar Zoning Code may have additional or slightly
different criteria.
A Variance is an' applicationrequesting an exception from a
standard required by the zoning ordinance. For example, an
applicant may file for a Variance to exceed the height restriction
on a house or a reduction in the number of parking spaces provided
at a'restaurant. A Variance to permit a use not authorized in the
zone district - a "Use Variance" - is prohibited by State law.
In granting a Variance, the reviewing body must make specific
findings consistent with State law. These are: (1) special
circumstances applicable to.the property exist, such as its size,
shape, topography, location or surroundings; (2) the strict
application of the zoning ordinance would deprive the property
owner of privileges enjoyed by other property owners in the
vicinity and the same zone district; and (3) granting of the
Variance will not constitute a special privilege.
A Tentative Tract Map or Parcel Map (subdivision map) is a map
recording the division of land for the purpose of sale, lease, or
financing, and is governed by the Subdivision Map Act. A
subdivision of.,five or more parcels requires a tentative and final
map. A subdivision of four or fewer parcels requires just a
parcel map.
In granting a Tract Map or Parcel Map, the reviewing body must
make specific findings consistent with State law. These are: (1)
the proposed map is consistent with applicable general and
specific plans; (2) the design or improvement of the proposed
subdivision is consistent with applicable general and specific
plans; (3) the site is physically suitable for the type of
development; (4) the site is physically suitable for the proposed
density of development; (5) the design of the subdivision or the
May 13, 1996 30
proposed improvements are not likely to cause substantial
environmental damage or substantially and avoidably injure fish or
wildlife or their habitat; (6) the design of the subdivision or
type of improvements is not likely to cause serious public.health
problems; (7) the design. of the subdivision or the 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; (8) the Commission has considered the effect
of -the tract map (parcel map] on the housing needs of the region
as set forth in the City's Housing Element; and (9) the design of
the subdivision provides, to the extent feasible, forfuture
passive or natural heating or cooling opportunities.
A Zone change is'a request - generally by a private. individual but
occasionally by the City - to rezone a property from one zone
district to another zone district. For example, a petition may be
filed to rezone a property from a residential zone to a commercial
zone. Other than. being in conformance with the general plan, no
specific findings are necessary for a zone change, as this is d
legislative matter.
In general, specific findings are necessary in connection with
action upon an application for a subdivision, variance,
conditional use permit, specific plan, and other discretionary
permits, and revocation of all of the above discretionary permits.
F:11�]X,IAAA
Congratulations on your appointment to the Planning Commission.
As a Commissioner, your activities during your tenure will have a
significant impact on the residents of Diamond Bar. The City
sincerely hopes that you will serve your community always with the
public good firmly in mind. The .City also trusts that you will
listen to all sides of all issues, discern between the important
concerns and the self-serving ones, weigh the options with a
critical mind and an open heart, and base your decisions on a
commitment to serve the public responsibly. The City of Diamond
Bar applauds your involvement and support. of city government,
where citizens.. can directly address local political and economic
concerns and seek appropriate representation.
May 13, 1996 31
A.
B.
PLANNING COMMISSION.
RESOLUTION NO. 96 -XX
A -RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR ESTABLISHING A, PLANNING
COMMISSION POLICIES AND PROCEDURES MANUAL.
Recital,
1. it is important to the successful operation of any public
organization that standards be established to define
roles, responsibilities, and expectations of the
governing board and staff in an organization's operation.
2. The establishment of standards by the Planning commission
will promote understanding and trust among members of the
Commission and staff concerning their roles, responsibil-
ities, and expectations for the operation of the City.
3. The establishment and periodic review of the Planning
Commission policies and Procedures Manual will assist new
members of the commission to better understand their role
and responsibilities.
.Resolution
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution -are true and correct..
2.* The Planning Commission is operating under a Planning
Commission Policies and Procedures Manual adopted
December 13, 1993.
3. The adoption of the Planning Commission Policies and
Procedures Manual dated May 13, 1 ' 996 shall supersede the
Planning commission Policies and Procedures Manual dated
December 13, 1993.
4. The Planning commission shall i follow the policies and
procedures listed within the manual dated May 13, 1996.
1
APPROVED AND ,ADOPTED THIS THE 13TH DAY OF MAY, 1996, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Mike Goldenberg, Chairman
I, James DeStefano, Planning commission Secretary do hereby certify
that the foregoing Resolution was duly introduced, passed, and
adopted, at a regular meeting by the Planning Commission of the
City of Diamond Bar, held on the 13th day of May 1996:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
ATTEST:
James DeStefano, Secretary
'41
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
DATE: May 9, 1996
TO: Chairman and Planning Commissioners
FROM: James DeStefano, Community Development Director
SUBJECT: REVIEW OF FY 1996-97 CAPITAL IMPROVEMENT PROGRAM
(CIP) FOR CONFORMITY WITH THE GENERAL PLAN
PURSUANT TO SECTION 65401 OF THE GOVERNMENT CODE
California Government Code Section 65401 requires the Planning Commission to review
public works projects proposed for the ensuing fiscal year and determine compliance with
the City's General Plan prior to the adoption of the CIP Program by the City Council.
City staff has prepared the attached CIP list which briefly outlines each proposed project.
The project list includes park improvements and a variety of street improvement projects.
The CIP has been developed by the Public Works Department and the Community Services
Department reflecting capital improvement needs for the upcoming year. Funds to support
the CIP come from several sources including: General Fund, Internodal Surface
Transportation Efficiency Act (ISTEA); Gas Tax; Proposition "A" and "C" (transportation);
Proposition "A" (parks); Community Development Block Grant (CDBG); Metropolitan
Transit Authority (MTA) grant; Southern California Edison (Rule 20); and Development
Impact Fees. The FY 96-97 CIP appropriation is currently estimated at $9,353,962.00.
The list of CIP projects has been reviewed relative to its conformity with the adopted
General Plan. The General Plan, adopted July 25, 1995, contains a variety of goal and
policy statements. The proposed FY 1996-97 CIP is consistent with numerous Goals,
Objectives, and Strategies contained within the -document (e.g. Circulation Element- Goal
1, Objective 1.2, Strategy 1.2.1 and Goal 3, Objective 3.1, Strategies 3.1.1 and 3.1.3, and
3.1.4; Resource Management Element- Goal 1, Objective 1.3, Strategy 1.3.7; and Land Use
Element- Goal 3, Objective 3.2, Strategy 3.2.8, etc.). In addition the CIP is consistent with
the "Vision Statement" of the General Plan.
RECOMMENDATION
Staff recommends that the Planning Commission adopt Resolution No. 96 -XX finding
conformity with the General Plan and recommending City Council Approval of the FY
1996-97 CIP.
Attachments: Planning Commission Resolution
JD:ls
41F 1hiC)AF;A7". lPtwzm,_.'?c. 1
EXHIBIT "A"
CAPITAL IMPROVEMENT PROGRAM (FY 1996-97)
'MAY 9, 1996
STREET
IMPROVEMENTS
PROJECT DESCRIPTION &
NUMBER
Brea Canyon Blvd.: Golden Springs Dr.
Rehabilitation
1 .
Area 7 Slurry Seal
Slurry Seal.
01497
9
Diamond Bar Blvd.: Grand Ave. to
Rehabilitation
103.97
•
SR -60
3.
Brea Canyon Blvd.: Golden Springs Dr.
Rehabilitation
to Northerly City Limit
4.
Sunset Crossing Rd.: Golden Springs
Rehabilitation
Dr. to SR -57
S.
Pathfinder Rd.: Shaded Wood Rd. to
Rehabilitation
Diamond Bar Blvd.
6.
Sunset Crossing Road: Western Terminus
Cul-de-sac
7.
Diamond Bar Blvd. Rule 20A Under-
Utilities Under -
grounding: Temple Avenue to Goldrush
grounding
Drive
8.
Meadowglen Rd. - Seepage
Seepage Mitigation
9.
Ambushers St. - Seepage
Seepage Mitigation
10.
Diamond Bar Blvd.: SR60 to Northern
Rehabilitation
City Limit
11.
Golden Springs Dr.: Brea Canyon Rd.
Rehabilitation
to Western City Limit
TRAFFIC
CONTROL IMPROVEMENTS
12.
Golden Springs Drive @ Calbourne Drive
Traffic Signal
13.
Diamond Bar Blvd. @ Goldrush Drive
Traffic Signal
14.
Diamond Bar Blvd. @ Palomino Drive
Traffic Signal
15.,
Three (3) Traffic Signals:
1. Golden Springs Drive @ Racquet
Club Road
2. Diamond Bar Blvd. @ Montefino
Ave.
3. Traffic Signal based on Warrant Study
16.
Audible Pedestrian Signals at two locations:
1. Pathfinder Rd. @ Brea Canyon
Rd.
2. Fountain Springs Dr. @ Diamond Bar.Blvd.
1
10197
08997
10597
10697
10797
PARK AND RECREATION IMPROVEMENTS
17. Pantera Park
18. Pe terson Park
Completion of Park 06597
Development
Installation of 02497
Ballfield lights
19.
Sycamore Canyon Park
Landslide Repair
10897
20.
Peterson Park
Athletic Field Drainage
10997
Correction
21.
Sycamore Canyon Park
Creek Bed Repair
11197
22.
Lorbeer Jr. High School
Athletic Field Lighting
11297
23.
Sunset Crossing Pocket Park
Site Plan
11897
24.
Maplehill Park
Tennis Court Lights
25. Park ADA Retorfit
MISCELLANEOUS IMPROVEMENTS
26. Sidewalk Construction
27. Diamond Bar Blvd. Park -N -Ride Lot (Northeasterly
corner O/C SR -60 and Diamond Bar Blvd.) -Expand
existing lot
28. Handicap Access Ramps
29. Sidewalk Improvements -Within Area 7
Indicates Projects carried over from FY 1995-96 CIP
C:\WP60\LINDAKAY\CIP 96-97-
2
11597
09697
06797
lll-E Capital Imp. Programming 1
Local jurisdictions use both police and corporate powers to serve their
residents. Planners have traditionally relied upon the police powers to protect
public health, safety and welfare through zoning and subdivision regulations.
The corporate powers of local government, however, also have a major
impact on land use issues. Corporate powers are used to develop physical
facilities which have long term usefulness. These physical facilities include
streets and highways, public buildings, water and sewer lines, and park and
recreation facilities.
Capital improvements programming is the multiyear planning of public
infrastructure improvements. Since local government can seldom pay for these
facilities through an annual operating budget, numerous techniques have
evolved to finance capital improvements over a longer period. The total in-
vestment, therefore, includes not only the cost of purchase or of design and
construction, but also the cost of long term financing. Financing techniques
include the use of current operating budgets, various types of bonding, special
districts, special assessments, state and federal grants, and tax increment.
financing. The capital improvements program must take a longer view than the
annual budget process, and must anticipate when new public facilities will be
needed or when existing facilities must be replaced.
The capital improvements program is a valuable implementation tool for
carrying out the general plan. Because the general plan establishes policies
for the direction, intensity, and rate of future growth, the capital improvements
program is instrumental in maintaining the local government's control of de-
velopment. Government Code Section 65402 requires that acquisition or dis-
posal of real property be reviewed by the planning agency for conformity with
the general plan. Acquisition includes dedications for street, park or other public
purposes as well as construction of public buildings or structures. Disposal
includes street vacations or abandonments as well as the sale of public lands.
Special districts, school districts, and joint powers agencies must also refer
their capital improvements programs to the planning agency of each affected
city or county for review of consistency with the applicable general plan. How
these capital improvements projects fit the goals and policies of the general
plan will determine to a large extent the success of the planning program.
The capital improvements program is also a useful planning tool. The avail-
ability of public facilities can serve as a basil for approval or denial of devel-
opment proposals. In many cases, the costs of public improvements are borne
by the private developer and eventually passed through to the home buyer or
the commercial/industrial user. In other cases, local government will pay im-
provement costs for developments which will provide significant employment
opportunities, increase sales tax revenues, or further adopted goals and poli-
cies. The prioritized list of capital improvements, therefore, must be flexible to
respond to development opportunities, yet must be guided by the long term
benefits which will accrue to the local jurisdiction and its residents.
There are four basic steps in developing a capital improvements program:
project identification, prioritization, reconciliation, and adoption. Needed capital
improvements should be identified and reliable preliminary cost estimates
should be prepared. Once identified, projects should be listed according to
need. This listing should include why each project is important and what the
consequences will be if it is or is not funded. The next step is to reconcile this
prioritized listing into a comprehensive capital improvements program which
coordinates improvement scheduling and recognizes the constraints of mun-
cipal financing. Finally, the capital improvements program should be formally
reviewed and adopted by the local government.
RESOLUTION NO. P.C. 96 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR MAKING FINDINGS PURSUANT
TO CALIFORNIA GOVERNMENT CODE SECTION 65401
PERTAINING TO THE CITY'S PROPOSED FISCAL YEAR
1996-97 CAPITAL IMPROVEMENT PROGRAM.
A. Recitals.
(i) California Government Code Section 65401 requires this
Commission to review proposed public works projects for the
ensuing fiscal year to determine compliance thereof with the
City's General Plan.
The City Manager of the City of Diamond -Bar has
heretofore prepared.a.proposed Capital Improvement Program and
Budget for the City's 1996-97 Fiscal Year which briefly described
certain public works of improvement.proposed to occur during the
1996-97 Fiscal Year. Said projects include, but are not limited
to, street and highway improvements, traffic signal installations
and modifications and park improvements.
(iii) This Commission conducted a duly noticed public
meeting on May.13, 1996 on the City of Diamond Bar Fiscal Year
1996-97 Capital Improvement Program, and the projects contained
therein, and concluded said discussions prior to the adoption of
this Resolution.
B. Resolution.
NOW, THEREFORE, the Planning Commission of the City of
Diamond Bar does hereby find, determine and resolve as follows:
1. In all respects as set forth.in the Recitals, Part A,
of this Resolution.
2. The City of Diamond Bar was incorporated on April 18,
1989.
1
3. Based upon the facts and evidence presented during the
public meeting conducted by this Commission regarding the City's
Fiscal Year 1996-97 Capital Improvement Program, including oral
and documentary evidence provided by City staff,'this Commission,
in accordance with the provisions of California Government Code
Section.65360 and 6,5361, hereby finds as follows:
(a) That the public works projects identified in the
City's proposed Fiscal Year 1996-97 Capital Improvement Program
are consistent with the General Plan adopted July 25, 1995.
(b) The proposed public works projects comply with all
other applicable requirements of State law and local ordinances,
regulations and standards.
4. The Planning Commission hereby finds that the proposed
1996-97 Capital Improvement Program as proposed has been
determined to be Categorically Exempt, pursuant to section 15301,
from the California Environmental Quality Act of 1970, as
amended, and the Guidelines promulgated thereunder,, and;
5. This Resolution shall -serve as the Planning
Commission's report to the City Council regarding the conformity
of the public works projects proposed in the City's Fiscal Year
1996-97 Program as required by California Government Code Section
65401.
6. Based on the findings and conclusions -set forth in
paragraphs .1, 2, 3, 4, and 5 above, this Planning Commission
hereby approves the 1996-97 Capital Improvement Program as
proposed which conforms to Exhibit "All dated May 9, 1996.
N
7. The Secretary to the Planning Commission shall:
(a)
Certify as
to the adoption of this Resolution,
and
(b)
Forthwith
transmit a certified copy hereof to
the
City Council of the City of Diamond Bar for -use in its
deliberations regarding said Budget.
ADOPTED AND APPROVED THIS 13TH DAY OF MAY, 1996, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
Mike Goldenberg, Chairman
I, James DeStefano, Secretary of the Planning Commission of the
City of Diamond Bar, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular
meeting of the Planning commission held on the 13th day of May,
1996, by the following vote to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAINED:
COMMISSIONERS:
ATTEST:
James DeStefano, Secretary
3
CAPITAL IMPROVEMENT PROGRAlVI
FY 1996-97 MOTRAFFIC SIGNALS
SLURRY SEAL SIDEWALKS
? STREET REHABILITATION � PARK -N -RIDE EXPANSION
PAVEMENT SEEPAGE PARK IMPROVEMENTS
UTILITIES UNDERGROUNDING
City of Diamond Bar
PLANNING COMMISSION
Staff Report
AGENDA ITEM NUMBER: 6
REPORT DATE: April 30, 1996
MEETING DATE: May 13, 1996
CASEffi LE NUMBER: Conditional Use Permit No.. 96-02
Development Review No. 96-03
APPLICATION REQUEST: A request for a 756 square foot
automated car wash and the remodel of
the foodmart at an existing gas
station/foodmart (Shell station)
PROPERTY LOCATION: 3241 S. Brea Canyon Road, at the
northwest corner of Brea Canyon Road
and Diamond Bar Boulevard.
APPLICANT: Brian Finch, Shell Oil Company
3281 Guasti Road, #480
Ontario, CA 91761
PROPERTY OWNER: Shell Oil Company
777 Walker, TSP 1100
Houston Texas 77252-2099
BACKGROUND:
The existing .gas station was approved by the Los -Angeles County Regional
Planning Commission under Special Permit No. 2156-(1) on September 28, 1971.
Conditional Use Permit 1466-(1) was approved by the Commission on September
14, 1979 authorizing the combined sale of gasoline, grocery items and beer and
wine at the subject site, This decision was appealed to the County Board of
Supervisors which upheld the Commission's approval on January 15, 1980.
1
The General Plan land use designation for the site is Professional Office (OP).
The intent of this designation is to provide for the establishment of "office -based
working environments for general, professional and administrative office as well
as support uses." The proposed car wash, as an accessory use for an existing
service. station is a support use because it provides a service for employees of the
surrounding commercial and offices uses as well as local residents.
The site's zoning designation is Commercial Planned Development (CPD). The
CPD zone permits any non-residential land uses listed within the Restricted
Business (C-1) zone, subject to a conditional, use permit. Conditional use permits
are required for land uses having unusual site development features or operating
characteristics requiring special consideration and conditions so that the use may
be designed, located and operated compatibly with uses on adjoining properties
and in the surrounding area.
The C-1 zone permits, a range of commercial retail and service uses. Coin-
operated hand car washes are permitted subject to a conditional use permit. A
hand car wash is defined as being comprised of a totally self-service canopy area
open at both ends, allowing a vehicle owner to drive in, park, pay and proceed
to wash and dry the vehicle and exit. Further, a hand car wash consists only of
a soap/water dispenser and a vacuum. No blowers, conveyors or hired crew are
permitted to assist in the "hand" car wash process.
The proposed automated car wash does, not meet the definition of a hand car
wash because it involves the use of conveyors and a mechanical forced -air blower
dryer. However, the Planning and Zoning Code Sec. 22.28.340, allows the
hearing officer (the Planning Commission) to modify any of the prescribed
standards of Aevelopment applied to land uses within the CPD. zone, subject to a
conditional use permit. For the proposed project, the standards regulating the
design and operating characteristics of the car wash would have to be modified.
Additionally, Sec. 22.56.110 of the CUP chapter. authorizes a conditional use
permit to modify the regulations of the zone in which the conditional use is
proposed. At the time that the C-1 regulations were adopted, the technology
wasn't available which now mitigates the concerns associated with automated car
washes (i.e.', noise). It is believed that an automated car wash with the proposed
conditions, will meet the intent of the CUP regulations, which is to insure that
conditionally permitted uses can be made compatible with surrounding land uses.
In order to approve a project within the CPD zone, it must be demonstrated that
there is a need for the proposed use and that the site has (or will have) adequate
parking and access, adequate utilities and any other development features deemed
necessary to serve the use and to mitigate impacts on surrounding properties.
This report and the required findings will demonstrate that the proposed car wash
can meet these criteria.
2
APPLICATION ANALYSIS:
Site Description
The subject site is an irregularly shaped, level lot, 26,684 square feet (.61 acres)
in size, located at the northwest corner of Brea Canyon Road and Diamond Bar
Boulevard. The existing self -serve gas station contains two pump islands, (one
with four pump stations and the other with one) and a 1,932 square foot
foodmart. The pump island canopies cover an additional 1.,824 square feet. The
site is fully improved with curbs, gutters and sidewalks. All landscaping and
signage is in place. Access to the site is from four, two-way drive aisles, two
on Diamond Bar Boulevard and two on Brea Canyon Road.
Land uses surrounding the site include a commercial center to the north and
west, a service station and commercial and office uses to the south and a
commercial center on the east side of Brea Canyon Road. The closest residence
is approximately 300 feet north of the site, east of Brea Canyon Road. The 57
Freeway is located 130' to the west.
Project Description
The proposed project is a 756 square foot, coin operated, automated car wash.
It will be constructed behind the foodmart in an existing landscape planter. The
structure will be set back 12' from the northerly property line and 16 feet from
the rear (westerly) property line.
The car
wash
is a one-story structure, 17' in height. It is
essentially a tunnel,
allowing
cars
to enter on
one
side and exit on the other. It is accessed from a
13' .wide,
one-way
drive
aisle, with arrows painted on the
pavement to guide
traffic in
the
proper
direction.
Customers will enter from the south (adjacent to
Diamond
Bar
Blvd.)
and
exit
on the north (adjacent to Brea
Canyon. Rd.). The
applicant
estimates
that
the
total time for the car wash
including . queuing,
selecting
the
wash
type
and
the wash and dry itself is
approximately nine
minutes.
The hours of operation will be from 6:00 a.m. to 11:00 p.m. Based upon
statistics from similar car washes, it is estimated that 160 to 180 cars will be
served daily. It is estimated that 14 cars will be washed hourly during daytime
hours (7:00 a.m. to 7:00 p.m.) and 6-8 cars during the evening and night hours
(7 p.m. to 11:00 p.m.). The maximum patronage is projected at 340 cars per
day. The applicant further estimates that the weekday peak hours of operation
will be from 6:00 a.m. to 9:00 a.m., 11:00 a.m. to 1:00 p.m. and from 4:00
p.m. to 8:00 p.m. According to the applicant, it is difficult to predict the peak
hours on weekends, because of varying customer habits and schedules.
3
Construction of the car wash will require the removal of an existing trash
enclosure, which will be reconstructed south of the foodmart as shown on the
site plan. It will also require the reduction of the landscape planter to the rear
of the foodmart to accommodate the new structure and reduction of the planter at
the southwest corner of the site to accommodate required parking and the car
wash drive aisle. After the car wash is completed, buildings will occupy 10%
of the site, which is well within the maximum 40% permitted in the CPD zone
and consistent with the Office Professional land use designation which establishes
floor area ratios between .25 and 1.00 within this designation.
Reduction of the site's southwest planter will require the removal of one mature
Australian Tea tree, which, according to the applicant cannot be relocated because
of its size. The remaining landscaped area will be significantly upgraded through
the addition of plants and shrubs behind the car wash adjacent to the westerly
and northerly property lines. This will enhance the appearance of the car wash
tunnel when , viewed from the parking lot of the commercial center located to the
west and north of the site. The total landscaping on the site will be 5,800
square feet or 21% of the site area. This is double the 10% which is required
by the Code for commercial uses.
The applicant has proposed 8 parking spaces, including one space for the
handicapped, in compliance with Code Section 22.52.1100 which requires one
space for every 250 square. feet of commercial area. This requirement has been
calculated based on the size, of the foodmart (1,908 square feet). These spaces
will replace existing parking located adjacent to the northerly property line.
The Code does not provide parking requirements for car washes. However,
Code Sec. 22.52.1220 states that, where parking requirements are not given, the
director will require the amount of spaces that are deemed adequate to prevent
traffic congestion. Eight parking spaces have been determined to be adequate
because the proposed car wash will be utilized on a drive-through basis and will
not generate a need for additional parking spaces.. The provision of one space
for the handicapped is based on the Code Sec. 22.52.1070, which requires one
space for 1-40 total parking spaces.
In addition to the car wash, remodel of the foodmart is also proposed. This will
consist of exterior improvements to upgrade the store's appearance consistent with
Shell's new "ETD" (Experience The Difference) prototype. These changes will
include the installation of new windows and door frames and the addition of split
face block on the lower 1.5 feet of the front elevation, the removal of the
windows under the large archway and the addition of new wall signs identifying
the ETD foodmart and car wash. The remodel will also include the addition of
a new air and water unit and a new area light adjacent to the car wash drive
aisle. Changes to the remodeled interior floorplan include a reconfigured sales
area, a new walk-in cooler and a new utility area.
4
The architectural style of the existing foodmart and proposed car wash is
Spanish/Mediterranean, featuring arches, a mission the roof and off-white stucco
walls. Arches will be constructed around the entrance and exit to the car wash
tunnel consistent with the existing architecture. However, the rear elevation,
which will be visible from the commercial center to the west, is proposed as a
plain wall, with no architectural features. , In order to the enhance the appearance
of this side of the building, a condition of approval is being included requiring
architectural enhancements to the building's rear elevation.
Issues
The major issues identified for this project are noise, circulation/traffic impacts,
water usage, industrial/chemical waste, signage and the expiration of the existing
CUP for the gas station and foodmart.
Noise: While advances in technology have significantly diminished the noise
impacts associated with automated car washes, this is an issue that must be
adequately addressed to ensure that impacts to surrounding properties are
minimized.
Noise is typically measured in decibels on the A -weighted scale, which most
closely resembles the range of human hearing. Community noise levels are often
measured on the Community Noise Equivalent Level (CNEL) scale. CNEL is
the average equivalent sound level during a 24-hour day,. obtained after the
addition of approximately 5 decibels to the sound levels in the evening (7:00
p.m. to 10:00 p.m.) and 10 decibels during nighttime (10:00 p.m. -7:00 ' a.m.)
hours.
The Public Health and Safety Element of the City's General Plan, Table IV -1
(Exhibit 1) establishes categories of community settings, such as residential
neighborhoods, urbanized areas, etc. and the CNEL typically existing within these
settings. Because of its proximity to the freeway, the subject site is best
described as a "very noisy urban area near arterials, freeways or airports" The
exterior noise level within these areas is typically between 65-75 decibels.
Further, the City has estimated noise levels along major roadways and adjacent to
freeways within Diamond Bar. These levels are depicted by General Plan Figure
IV -3 (Exhibit 2) through "noise contours" established to identify areas of the
community where exterior noise reaches a specific level. The project site is
located within the 65 CNEL noise contour located on either side of the 57
freeway. In contrast, the typical exterior noise level within a suburban
neighborhood having no arterials within one block and no freeways within a
quarter mile is below 55 decibels.
In summary, the subject site is located in a noisy urban setting, surrounded on
all sides by commercial and office uses. The nearest residence is approximately
300' to the northeast on Castlerock Road east of Brea Canyon Road.
5
Noise standards contained within Table IV -1 establish maximum exterior CNELs
for land use categories. For commercial and industrial land uses a noise level of
between 60-65 decibels is considered "normally acceptable." Between 65 and 70
decibels is considered "conditionally acceptable," which would typically require a
noise analysis and possibly the application of features to mitigate noise levels
(such as sound walls, insulation, etc.). Additionally, the City's Noise Ordinance
Sec. 8.12.730 prohibits forced air blowers in tunnel car washes from exceeding a
noise level of 65 decibels between the hours of 7:00 a.m. and 8:00 p.m., from
any point on a contiguous receptor property.
An acoustical analysis, dated April* 24, 1996 was conducted for this site by
Acoustical Analysis Associates Incorporated, measuring the noise generated by this
site with the addition of a car wash. The results of this analysis are contained
in the attached report (Exhibit 3) dated April 24, 1996.
Figure 2 of the report graphically shows the instantaneous sound levels around
the car wash while it is in operation. Lines have been drawn extending outward
from the car wash in several directions representing distance in feet and
corresponding decibel levels. For example, the figure 20-60.5 means that at a
distance of 20 feet from the decibel level would be 60.5. Using the figures
provided by the applicant, it is estimated that at three hundred feet, which the
distance to the nearest residence, the sound level would be at approximately 50
decibels. Using the "Noise Pollution" chart provided by the' acoustical engineer,
(Exhibit 4) this level is comparable to the noise generated by the average home
on a quiet street. Further, the acoustical engineer has stated that the noise from
the car wash will be masked by the existing background noise of the freeway
and the streets .
However, the report's results indicate that noise generated by the car wash will
exceed 65 dB CNEL on adjoining properties within a small portion of the
property north of the car wash. The analysis proposes as a potential mitigation
measure the construction of a sound wall along the northerly property line.
According to the acoustical engineer, an 8 foot wall would reduce the noise
levels on the adjacent property to below 65 decibels. Another potential
mitigation measure would be the installation of automatic entrance and exit doors.
However, the applicant would prefer not to install these doors because he
believes that they are a "maintenance nightmare." A condition of approval has
been included requiring that the applicant provide mitigation to insure compliance
with the City's Noise Ordinance and consistency with General Plan noise
standards.
Circulation/Traffic: The issues for this site are the impacts of the car wash on
the sites internal circulation and the impacts to the surrounding street system
from additional traffic generated by the car wash.
0
Both the entrance and exit to the car wash are located in close proximity to
drive aisles located at the far .ends of either side of the site. This allows
customers to enter and exit along a route that will not conflict with the general
flow of traffic utilizing the pump islands, located more toward the center of the
site. The proper directional flow of traffic through the car wash will be assisted
by arrows painted on the pavement.
City standards require a minimum 26' drive aisle for two way traffic. Widths
greater than this are provided from the site's four exiting driveways and
generally throughout the site in the paved areas between the buildings and the
pump islands. . The circulation on the site is acceptable and there should be little
interference between the traffic flows for the car wash and the pump islands.
An additional circulation issue typically associated with drive aisles for uses such
as car washes, fast food restaurants and banks, is the "stacking distance"
provided for cars waiting in line for service. This distance is important because
too many "stacked" cars will potentially interfere with on site circulation. The
City Code does not address this issue. The applicant has presumed, based on
experience with other car washes of this type, and the estimated 14 cars per
hour and nine (9) minute total wash time, that there will. be at most, 2 cars in
line. Using the 18 feet required for a standard parking space, the car wash
drive aisle provides stacking distance for three cars, which is more than
adequate.
Using statistics from similar car washes, the applicant estimates that 160 to 180
cars will be washed daily, with an estimated maximum patronage of 340 cars.
This will add to the traffic at an intersection that is already impacted by traffic.
According to the General Plan Circulation Element, on Diamond Bar Boulevard
south of Grand Avenue to Brea Canyon Road, forecast daily volumes exceed the
recommended carrying capacity. However, according to the Institute of
Transportation Engineer's standard reference book Trip Generation "much of the
service station traffic is already on the road for another purpose." Further,
vehicular movements were traced at eight stations in three cities and the findings
were that 54 percent of the peak hour vehicles were passing by on their way to
another destination.
It is difficult to determine precisely what impacts will result from the increased
traffic generated by the car wash without a traffic study. However, in order to
mitigate anticipated impacts resulting from this project, Public Works Department
has included a condition of approval requiring the payment of "traffic
improvement" fees.
Water: The car wash will utilize an underground water reclamation system.
Eighty (80) percent of the wastewater is reclaimed and used in the initial rinse
cycle, while the final rinse cycle will utilize fresh water. The water that is not
recycled (approximately 2 gallons per car) is released to the sanitary sewer
7
system. Brian Lewis of the Walnut Valley Water District has been contacted and
has no significant concerns regarding this project.
Industrial/Chemical Waste: The car wash will utilize detergents and waxes. To
insure that any wastes from these products are safely disposed of, prior to the
issuance of any building or plumbing permits, the applicant is required to obtain
an industrial waste permit from the Los Angeles County Department of Public
Works, Environmental Programs Division. Further, the project has been
conditioned to comply with all National Pollutant Discharge Elimination System
(NPDES) permit requirements.
Signage_ The City's records do not show that permits were issued for the. 30'
pole sign located at the rear of the line, or the freestanding advertising pole sign
located in the planter on Diamond Bar Boulevard. Staff research indicates that
the pole sign was approved by the County for a 30' high sign and a 10'
extension was added. Permits were pulled at the County, but were never filed,
therefore the sign is illegal. Unless it can be demonstrated that permits were.
issued for these signs in compliance with the City's Sign Ordinance, Section 116,
the City will require the removal of nonconforming signs which were installed
"without first complying with all ordinances and regulations in effect at the time
of its construction and erection or use." The applicant has indicated that the
pole sign located within the planter on Diamond Bar Boulevard will be removed.
Expiration of Special Permit 2156-(1) and CUP 1466-(1) Both the Special
Permit and the Conditional Use Permit for the gas station and foodinart contain a
sunset clause which results in the expiration of these permits on September 28,
1996. There is no explanation offered in the staff reports for these projects
which would explain or justify this expiration. The existing gas station and
foodmart have both been reviewed and except where noted, (i.e. signage) have
been found to be in compliance with current City standards for commercial uses.
It has therefore been determined that approval of the proposed conditional use
permit will supersede previous approvals and conditions and will, subject to the
attached conditions, authorize the continued operation of the gas station and
foodmart.
Conclusion:
The applicant is proposing the construction of a car wash and the remodel of an
existing foodmart. The exterior of the car wash will be consistent .with design
of the existing service station and is compatible with the varied "eclectic"
architecture of adjacent commercial developments. Further, the site will be
upgraded with the addition of landscaping and a "facelift" to the exterior of the
foodmart.
The proposed car wash is an accessory to an existing land use and will not
create significant impacts to either the commercial or residential uses in the area.
N.
Noise impacts to the commercial property to the north can be mitigated through
a sound wall or other appropriate measures and it is has been demonstrated that
there will be no significant impacts to residential uses to the northeast.
The project as proposed is in compliance with the development standards of the
zone. Adequate parking will be provided and adequate access currently exists to
the site. Further, the car wash will provide a needed and convenient service for
area residents and employees of the surrounding commercial and office uses.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the terms of the California Environmental Quality Act (CEQA), the
City after concluding review of the initial study, has determined that a Negative
Declaration be prepared for this project.
PUBLIC NOTIFICATION
The application was advertised in the Inland Valley Daily Bulletin and San
Gabriel Valley Tribune on April 23, 1996 and all property owners (14) within a
500 foot radius were mailed notices of the public hearing.
MANDATORY FINDINGS OF FACT
1. That the proposed project is in substantial compliance with the General
Plan pursuant to the terms and provisions of Government Code Section
65360.
2. That the proposed project will not adversely affect the health or welfare of
persons residing or working in the surrounding area.
3. That the proposed project will not have an adverse impact on adjacent or
adjoining residential and commercial uses. It will not be materially
detrimental to the use, enjoyment, or valuation of property or other
persons located in the vicinity of the proposed project.
4. That the subject site for the proposed project is adequate in size and shape
to accommodate the proposed use.
S. That the proposed site is adequately served by Brea Canyon and Diamond
Bar Boulevard. It has good visibility, easy access and adequate parking
for the proposed use.
0
RECONOVIENDATIONS:
The staff recommends that the Planning Commission approve Conditional Use
Permit 96-02, and Development Review 96-03 subject to the Conditions of
Approval contained within Planning Commission Resolutions 96 -XX.
IWO'
Catherine Johnson, Senior Planner
ATTACHMENTS:
Application
Initial Study
Negative Declaration
Plans
Exhibit l: General Plan Table IV -1, Noise Standards
Exhibit 2: General Plan Figure IV -3, Existing Noise Contours
Exhibit 3: Acoustical Analysis
Exhibit 4: "Noise Pollution" Chart
Draft Resolution of Approval for Conditional Use Permit 96-02, Development
Review 96-03 and Negative Declaration 96-1.
"I
PC RESOLUTION NO. 96 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR APPROVING
CONDITIONAL USE PERMIT NO. 96-2, DEVELOPMENT
REVIEW NO. 96-3. AND NEGATIVE DECLARATION NO -
96 -11 A . REQUEST FOR A 756 SQUARE FOOT
AUTOMATED CAR WASH AND THE REMODEL OF THE
FOOD MART AT AN EXISTING SHELL SERVICE
STATION LOCATED AT 3241 S. BREA CANYON ROAD,
DIAMOND BAR, CALIFORNIA.
A. RECITALS.
(i) the Applicant's agent, A&S Engineering, 207 W. Alameda Avenue #203, Burbank,
California, 91502, has filed an application for Conditional Use Permit No. 96-2 and
Development Review No. 96-3 as described above in the title of this Resolution.
Hereinafter in this Resolution the project, located at address indicated in the title of this
Resolution, shall be referred to as "the application".
(ii) On April 18, 1989, the City of Diamond Bar was established as a duly organized
municipal corporation of, the State of California. Thereafter, the City Council of the City
of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles
County Code .as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los
Angeles County Code contain the Development Code of the County of Los Angeles now
currently applicable to development applications, including the subject Application, within
the City of Diamond Bar.
(iii) Action was taken on the subject application as to the consistency with the General Plan
and has been determined to be in conformance with the document.
(iv) On May 13, 1996, the Planning Commission of the City of Diamond Bar conducted a
duly noticed public hearing on the application and concluded said public 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.
1.
2. The Planning Commission hereby finds that the project has been determined that a
'Negative Declaration has been prepared and presented for the review and approval
by this Commission in compliance with the California Environmental Quality Act
of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to
Article 6 of Division 13 of Title 14 of the California Code of Regulations.
I. The Planning Commission hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, and
changes and alterations which have been incorporated into and conditioned upon
the proposed project set forth in the application, there is no evidence before this
Planning Commission that the project proposed herein will have the potential of an
adverse effect on wild life resources or the habitat upon which the wildlife
depends. Based upon substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14
of the California Code of Regulations. Notwithstanding any previous Subsection
of this Resolution, if the Department of Fish and Game requires payment of a fee
pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be
made by the applicant prior to the issuance of any building permit or any other
entitlement.
4. Based on the substantial evidence presented to the Planning Commission during the
above -referenced public hearing opened on May 13, 1996 and concluded on that
date, including written and oral staff reports, together with public testimony, the
Planning Commission hereby specifically finds as follows:
(a) The Application applies to a site approximately .61 acres in size located at
3241 S. Brea Canyon Road at a Shell Service Station. The project site lies
within Zone CPD allows the proposed use by Conditional Use- Permit.
(b) Generally, the subject site is surrounded by Commercial and Office
Development. The site is located approximately 300 ft. from residential
development.
(c) The surrounding properties are developed with a commercial center to the
north, a service station and commercial and office uses to the south and a
commercial center on the east side of Brea Canyon Road.
(d) Notification of the public hearing for this project has been made in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin on April 23,
1996, and fourteen (14) property owners within 500 feet of the project site
were notified by mail.
(e) The Application is for the construction of a car wash and the remodel of an
existing food mart.
2
(f) That the requested use at the location will not:
(1) Adversely affect the health, peace, comfort or welfare of persons
residing in the surrounding area, or
(2) Be materially detrimental to the use, enjoyment or valuation of
property of other persons located in the vicinity of the site, or
(3) Jeopardize, endanger or otherwise constitute a menace to public
health, safety or general welfare; and
(g) That the proposed site is adequate in size and shape to accommodate the
yards, walls, parking facilities, landscaping and other development features
prescribed in this approval; and
(h) That the proposed site is adequately served:
(1) By highways or streets of sufficient width and improved as
necessary to carry the kind and quantity of traffic such use would
generate, and
(2) By other public or private service facilities as are required.
(i) Notification of the public hearing for this project has been made;
(j) The proposed project is consistent with the applicable elements of the City's
General Plan, design guidelines and architectural criteria of the appropriate
district;
(k) The design and layout of the proposed development will not unreasonably
interfere with the use and enjoyment of the neighboring existing and future
developments, and will not create traffic or pedestrians hazards;
5. Based on the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above,
the Planning Commission, hereby approves the application subject to the following
restrictions as to use:
(a) The car wash and service station remodel are approved as shown on the
copies of the approved plot plan. The property shall thereafter be
developed and maintained in substantial conformance with the approved
plans.
(b) That the applicant must, comply with all State,. Zone CPD, Engineering
.Department and Building and Safety Department requirements.
(c) This grant is valid for two years and must be exercised (i.e. construction
started) within that period or this grant willexpire. A one year extension
may be requested in writing and submitted to the City 30 days prior to the
expiration date.
3
(d) This permit shall not be effective for any purpose until 'a duly authorized
representative of the applicant and/or owner of the property involved has
filed, at the office of Diamond Bar Community Development Department,
the Affidavit of Acceptance stating that the applicant/owner is aware of and
accepts all the conditions of this permit.
(e) That all requirements of the Zoning Ordinance and of the underlying zoning
of the subject property must be complied with, unless set forth in the
permit and shown on the approved plans.
(f) A noise attenuating sound wall and/or automatic entrance and exit doors, or
any other noise mitigation measures as approved by the Planning Division
shall be installed prior to final inspection.
(g) Prior to issuance of any building or plumbing permits, the applicant must
obtain an industrial wastepermit from the Los Angeles County Department
of Public Works, Environmental Programs Division, Industrial Waste
Clearance. Please contact David Esfendi at (818) 458-3510 for further
information.
(h) The Walnut Valley Water District shall be contacted to insure that the water
meter is of an adequate size to accommodate the proposed development
prior to permit issuance.
(i) Unless it can be demonstrated that permits were pulled for the freestanding
pole signs located at the rear of the project site and in the landscape planter
area along Diamond Bar Boulevard, they must be removed in compliance
with the City's Sign Ordinance, Section 116, prior to the issuance of any
building permits.
0) All signs shall be approved by separate permit.
(k) Revised landscaping and irrigation plans shall be submitted to reflect
changes in the revised site plan.
(1) Revised elevations shall be submitted showing architectural enhancements
on the rear elevation, prior to the issuance of building permits.
Building & Safety
(m) The submitted plans shall meet all B -occupancy requirements.
(n) Plans shall conform to State and Local Building Codes (i.e. 1994 editions
of the Uniform Building Code, Plumbing Code, Mechanical Code, and
1993 edition of the National Electrical Code) as well as the State Energy
Code.
4
(o) Plans shall be engineered to meet wind loads of 80 mph with an exposure
11CO
(p) All new handicapped parking shall comply to new State Handicapped
Accessibility Regulations.
(1) Show compliance for van parking.
(2) Route: Shortest accessible route to accessible entrance(s). Parking
not serving this building, a shortest pedestrian route to closest
pedestrian entrance of pedestrian facility.
(q) The existing rest rooms, designated for men, women and employees, shall
meet current handicapped requirements.
(r) The rest room access doors shall be clearly marked with symbols.
(s) Ramps shall comply to new State Handicapped Accessibility Regulations.
(t) Proposed landscaping areas shall be provided with irrigation. Irrigation
plans not provided.
Public Works
Fire Department
(u) Traffic markings shall be provided at the entrance and exit to the car wash
drive aisles.
(v) All water and drainage to be contained and meet restrictions before
entrance into any drainage systems. Depict drainage facilities, pipes, etc.
on construction plans.
(w) Handling of all runoff drainage must comply with National Pollutant
Discharge Elimination System (NPDES) requirements. Shell agrees to
comply with ann reporting/implementation inspections required by the City
of Diamond Bar and any related costs to be borne by the applicant.
(x) The traffic improvement fees, per the Negative Declaration, shall be paid
as required by the Public Works Director.
(y) The required fire flow for PUBLIC fire hydrants at this location is 1500
gallons per minute at 20 psi for a duration of 2 hours, over and above
maximum daily domestic demand.
(z) All hydrants shall measure 6" x 4" x 2 1/2", brass of bronze, conforming
to current AWWA Standard C503, or approved equal. Hydrants shall be
installed per specification of the Los Angeles County Water Ordinance No.
7834. (Title 20) Utility Manual, Section 4.0 to 4.6:
5
(aa) All required public fire hydrants shall be installed, tested and accepted prior
to construction. Fire Code 901.3.
(bb) Vehicular access must be provided and maintained serviceable throughout
construction. Fire Code 901.3.
(cc) Show all existing fire hydrant(s) within 300 feet of all property lines and
call out hydrant size and dimension to property lines on site plan.
(dd) Complete and return "Water Availability" form (Form 196) prior to
issuance of building permits.
6. The Planning Commission Secretary is hereby directed to:
(a) Certify to the adoption of this Resolution and,
(b) Forthwith transmit a certified copy of this Resolution, by certified mail,
return receipt requested, to A & S Engineering, 207 W. Alameda Avenue
#203, Burbank CA., 91502.
ADOPTED AND APPROVED this 13 day of May, 1996.
Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution
was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar,
ata regular meeting of the Planning Commission held on the 13 day of May, 1996, by the following
vote:
Aye: COMMISSIONERS:
NOES' COMMISSIONERS:
ABSENT: ' COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST:
James DeStefano, Secretary
C.
Table IV -1
Noise Standards
LandUse Category55
Maximum Exterior Community
Noise Equivalent Level (CNEL)
or Day -Night Level (Ldn), dB
60 65 70 75 :0 :
t
Single -Family, ��. Multiple -
Family Residential
."�I •r stir
{
School Classrooms
School Playgrounds
Living Areas
Ne" 0 N
Hospitals, Convalescent.
Sleeping Areas
u
E AP
Recreation: Quiet, Passive Areas
W 11- 1 911 11 WIN
Recreation:- Noisy, Active Areas
Commercial and Industrial
WMwe" Nva,
(� Normally
IBJ; Acceptable
Specified land use is
satisfactory, based on
the assumption that any
buildings are of normal
conventional construc-
tion, without any special
noise insulation require-
ments. Outdoor areas
are suitable for normal
outdoor activities for
this land use.
Nature of the noise
environment where the
CNEL or Ldn level Is:
Below 55 dB
Relatively quiet suburban or
urban areas, no arterial
streets within 1 block, no
freeways within 1/4 mile.
55-65 dB
Most somewhat noisy
urban areas, near but not
directly adjacent to high
volumes of traffic.
65-75 dB
Very noisy urban areas near
arterials, freeways or
airports. .
75+ dB
Extremely noisy urban
areas adjacent to freeways
or under airport traffic
pattens. Hearing damage
with constant exposure
outdoors.
M
Conditionally Normally Clearly
Acceptable =Unacceptable = Unacceptable
New construction or
development should be
undertaken only after a
detailed analysis of
noise reduction require-
ments is made and
needed noise insulation
features included in
design. Conventional
construction, but with
closed windows and
fresh air supply sys-
tems or air condition-
ing, will normally suffice.
New construction or
development should
generally be discour-
aged. If new construc-
tion or development
does proceed, a de-
tailed analysis of noise
reduction requirements
must be made and
needed noise insulation
features included in
design.
New construction or
development should
generally not be
undertaken.
The Community Noise Equivalent Level (CNEL) and Day -Night Noise Level (Ldn) are measures of the 24-hour
noise environment. They represent the constant A -weighted noise level that would be measured if all the sound
energy received over the day were averaged. In order to account for the greater sensitivity of people to noise at
night, the CNEL weighting includes a 5 -decibel penalty on noise between 7:00 p.m. and 10:00 p.m. and a
10 -decibel penalty on noise between 10:00 p.m. and 7:00 a.m. of the next day. The Ldn includes only the
10 -decibel weighting for late-night noise events. For practical purposes, the two measures are equivalent for
typical urban noise environments.
Iwo
Diamond Bar General Plan Public Health and Safety Element
July 25, 1995
IV -15
0
0 ww 6000
=,, ,
Scale in Feet NORTH
DIAMOND BAR, CITY LIMITS
NOISE CONTOUR
!0 �, FREEWAY (60)
Estimated noise levels
based on existing traffic
volumes (1990). Does
not consider shielding
by terrain, noise barriers
or existing structures.
j
v r EXIMBIl 3
%F r.;- I Vc_0
i:l'r,t 0r O!A('•lu}NG ^Fl.,
„
HD ACOUSTICAL ANALYSIS ASSOCIATES, INCORPORATED
'96 APR 26 n 1 *GU
April 24, 1996
Ms. Cathy Johnson
City of Diamond Bar Planning Department
21660 East Copley .Drive
Diamond Bar, California 91765-4177
Subject: Acoustical Analysis: Shell Station Car Wash
at Diamond Bar Boulevard and Brea Canyon Road
(AAAI Project 96010)
Dear Ms. Johnson:
At the request of A&S Engineering, we have conducted an acoustical analysis for the
proposed addition of a Car Wash at the Shell Oil Company Service Station at Diamond Bar
Boulevard and Brea Canyon Road in Diamond Bar. This report documents its results and
findings. The facility as currently proposed will contain an automated car wash equipped .
with a blower dryer with noise reduction package. The proposed equipment will have no
noise impact on the surrounding environment and will also comply witli the City of Diamond
Bar Noise Ordinance, when the indicated mitigation measures are incorporated.
SITE DESCRIPTION
The existing Shell Oil Company service station is located at the northwest corner of the
intersection of Diamond Bar Boulevard and Brea Canyon Road in the City of Diamond Bar.
The proposed car wash building is to be located near the northwest corner of the Shell
property (see attached Figure 1). The blower dryer equipment would be placed at the car
wash exit on the north side of the proposed structure.
The land uses immediately adjacent to the Shell property are all commercial. The City of
Diamond Bar Noise Element of the General Plan applies an exterior noise level standard
of 65 dB CNEL to commercial land uses. CNEL (Community Noise Equivalent Level) is
the average equivalent sound level during a 24-hour day, obtained after .addition of
approximately 5 dB to sound levels in the evening (7:00 p.m. -1.0:00 p.m.) and 10 dB to sound
levels during nighttime (10:00 p.m. -7:00 a.m.) hours.
22148 Sherman Way • Suite 206 • Canoga' Park, CA 91303 • (818) 713-1160
ACOUSTICAL ANALYSIS ASSOCIATES, INC.
Ms. Cathy Johnson
April 24, 1996
Page 2
EXISTING NOISE ENVIRONMENT.
Traffic noise from the nearby Orange Freeway (S.A. 57) dominates the existing noise
environment, with secondary contributions from local traffic on Diamond Bar Boulevard and
Brea Canyon Road. Based on the City's Noise Element, the project site and adjacent
properties are within the 65 dB CNEL contour for S.R. 57. This indicates that the project
vicinity is presently exposed to traffic noise levels which are in excess of the applicable noise
standards.
SHELL FACILITY NOISE
The Shell Oil Company facility as currently proposed will include the operation of a
gasoline/service station and an automated car wash. The car wash planned for the site is
a RYKO Thrust Pro 2 with dryer. Sound levels produced by the operation of this unit with.
a dryer blower and silencer package were measured at an existing operational facility as
shown in Figure 2. Note that the sound field produced by the car wash is highly directive.
The measured car wash sound levels were extrapolated to greater distances using standard
acoustical techniques.
NOISE IMPACT OF PROPOSED PROJECT
The noise impact of the proposed Shell Oil Company car wash is assessed based on
compliancewith the City of Diamond Bar Noise Element requirements. As described
earlier, the City's exterior noise level standard for commercial areas is 65 dB CNEL.
Operator experience at other car wash facilities shows that about 200 vehicles will use the
car wash on an average day. The hours of operation for the car wash would be from 6 a.m.
to 11 p.m. For the purpose of this analysis, it was assumed that about 14 vehicles per hour
would use the car wash during daytime (7 am -7 pm) and 6-8 vehicles per hour would use
the car wash'in the evening or at night (6 am -7 am and 7 pm -11 pm). Based on experience
at many other similar facilities, only about half of the customers will select the extra -cost
dryer option.
Sound levels generated by Shell car wash operations ' (Figure 2) and the above operational
assumptions were used to develop contours of equal A -weighted sound levels, as included
in Figure 1. From the noise contours it is apparent that car wash noise levels exceed 65 dB
CNEL only within a small portion of the commercial use north of the Shell property.
ACOUSTICAL ANALYSIS ASSOCIATES, INC.
Ms. Cathy Johnson
April 24, 1996
Page 3
NOISE MITIGATION
Given the existing noise environment, the proposed Shell car wash would not have a
significant noise impact on the adjacent commercial properties. Car wash noise levels would
slightly exceed 65 dB CNEL within a small portion of the property north of the car wash.
To reduce car wash sound levels within this area, the City could require that a soundwall
be constructed along the northern property line of Shell. The effectiveness of such a wall
would depend on its height. Since the approximate source height for the car wash and dryer
is about 7 feet, it is recommended that the minimum soundwall height be 8 feet above
ground.
This concludes our report. Please call if you have any questions.
Sincerely,
Acoustical Analysis Associates, Inc.
Farshad Farhang
Senior Consultant
FF:96-010
attachments
cc: Doug Massaro, A&S Engineering
FIGURE 1
Project Site and Estimated Car Wash CNEL Contours
x•70 3U•ba,4 4U+66,U
20.6'x,5 3U»66,5
20.66,8
20®74,3
10,71 d � I O•bb , 7
10.75,9 0.72,6
h 0
�^4 •`b�
DRYW r►S n r' ..,.... �..�....,..�, y .... y.... ,,.�a - .....,-----•-�-'�
,�1py77,7
l0.7y,3 l •b' 1,x11
10.71,4 lO,bD,bt
20�i3.3 U=60,5
30,70. 20■bb,0 20.5.4 uw59,2
40"b�►, JO•b:1,4 �Oa56,9 '0.58.4
59W67. 50, 5713
40,61,4
'Figure 2, Measured Lvn Values at Locations nroun(l Dr Wily;)' With Noise
Reduction Package w 24440 Lyons in Simi,,i Chm-i111
1 W4 1111 10
SOURCE: COLIA ACOUSTICAL CONSULTANTS
Short exposure can cause
160
hearing loss
146
Jet lane takeoff
Artillery fire,
Machine gun,
130
Riveting
Jet plane (passenger
Threshold of pain
ramp)
Deafening
120
Thunder -sonic boom
Accelerating
Threshold of discomfort
motorcycle Hard
110
rock band
Subway (steel wheels)
Loud street noise
Power lawnmower
100
Outboard motor
Truck unmuffled
Train whistle
Kitchen blender
Very loud
90.
Pneumatic jackhammer
Printing press
Intolerable for phone use
Subway (rubber wheels)
Noisy office
80
Average factory
Average street noise
Quiet typewriter
Loud
70
Average radio
Noisy home
Average office
60
Normal conversation
General Office
Quiet radio
Average Home
Moderate
So
Quiet street
Private office
40
Quiet home
Quiet conversation
Faint
30
Broadcase studio
Empty auditorium
20
Whisper
Rustling leaves
Sound proof room
Very Faint
10
Human breathing
0 dB
—Threshold of Audibility
SOURCE: COLIA ACOUSTICAL CONSULTANTS
ENVIRONMENTAL CHECKLIST FORM
I. Background: A Conditional Use Permit and Development Review for a 756 sq. ft. automated
car wash and the remodel of an existing foodmart at an existing Shell Service Station.
1. Name of Applicant: SHELL OIL COMPANY
2. Address and Phone Number of Proponent:
3281 Guasti Road #480 Ontario CA 91761
(800) 457-4355
3. Name, Address and Phone of Project Contact:
A & S Engineering 207 W Alameda Avenue #203, Burbank, CA 91502
4. Date of Environmental Information Submittal:
February 22 1996
5. Date of Environmental Checklist Submittal:
February 22, 1996
6. Lead Agency (Agency Required Checklist):
CITY OF.DIAMOND BAR
7. Name of Proposal if applicable (Tract No. if Subdivision):
Conditional Use Permit No. 96-2
Development Review No. 96-3
8. Related Applications (under the authority of this environmental determination):
YES NO
Variance:
Conditional Use Permit: X
Zone Change:
General Plan Amendment:
Development Review X
(Attach Completed Environmental Information Form)
1
II. Environmental Impacts:
(Explanations and additional information to be submitted on attached sheets)
YES NO POSSIBLY
1.
Earth. Will the proposal result in:
X a.
Unstable earth conditions or changes in geologic substructures?
X b.
Disruptions, displacements, compaction or overcovering of the soil?
X C.
Change in topography or ground surface relief features?
X d.
The destruction, covering or modification of any unique geologic or physical
feature?
X e.
Any increase in wind or water erosion of soils, either on or off the site?
X f.
Changes in deposition, erosion of stream banks or land adjacent to standing
water, changes in siltation, deposition or other processes which may modify
the channel of constant or intermittently flowing water as well as the areas
surrounding permanent or intermittent standing water?
X g.
Exposure of people or property to geologic hazards such as earthquakes,
landslides, mudslides, ground failure, or similar hazards?
2.
Air. Will the proposal result in:
X a.
Substantial air emissions or deterioration of ambient air quality?
X b.
The creation of objectionable odors?
X c.
Alteration of air movement, moisture, or temperature, or any changes in
climate, either locally or regionally?
3.
Water. Will the proposal result in:
X a.
Changes in currents or the course or direction of water movements?
X b.
Changes in absorption rates, drainage patterns, or the rate and amount of
surface run-off?
X c.
Alterations of the course or flow of flood waters?
X d.
Changes in the amount of surface water in any body of water? '
X e.
Discharge into surface waters, or in any alteration of surface water quality
including but not limited to dissolved oxygen and turbidity?
X f.
Alteration of the direction or rate of flow of ground waters?
X g.
Change in the quantity of ground waters, either through direct additions or
withdrawals, or through interception of an aquifer by cuts or excavations?
X h.
Substantial reduction in the amount of water otherwise available for public
water supplies?
X i.
Exposure of people or property to water related hazards such as flooding?
2
YES NO POSSIBLY
4.
Plant Life. Will the proposal result in:
X a.
Change in the diversity of species, or number of any species of plants
(including trees, shrubs, grass, crops, and aquatic plants)?
X b.
Reduction in the numbers of any unique rare of endangered species of .
plants?
X c.
Reduction in the size of sensitive habitat areas or plant communities which
are recognized as sensitive?
X d.
Introduction of new species of plants into an area, or in a barrier to the
normal replenishment of existing species?
X e.
Reduction in acreage of any agricultural crop?
S.
Animal Life. Will the proposal result in:
X a.
Change in the diversity of species, or number of.any species of animals
(birds, land animals including' reptiles, fish, and shellfish, benthic organisms
and insects)?
X b.
Reduction in the numbers of nay unique rare or endangered species of
X C.
animals?
Introduction of new species of animals into an area, or in a barrier to the
normal migration or movement of resident species?
X d.
Reduction in size or deterioration in quality of existing fish or wildlife
habitat?
6.
Noise. Will the proposal result in:
X a.
Significant increases in existing noise levels?
X b.
Exposure of people to severe noise levels?
7.
Light and Glare. Will the proposal result in:
X a.
Significant new light and glare or contribute significantly to existing levels
of light and glare?
8.
Land Use. Will the proposal result in:
X a.
A substantial alteration of the present or planned land use in an area?
9.
Natural Resources. Will the proposal result in:
X a.
An increase in the rate of use of any natural resources?
10.
Risk of Upset. Will the proposal result in:
X a.
A risk of an explosion or the- release of hazardous substances (including but
not limited to, oil, pesticides, chemicals or radiation) in the event of an
accident or upset condition?
X b.
Probable interference with an emergency response plan or an emergency
evacuation plan?
11.
Population. Will the proposal:
X a.
Alter the location, distribution, density, or growth rate of the human
population of an area?
3
YES NO POSSIBLY
12. Housing. Will the proposal affect:
X a. Existing housing, or create a demand for additional housing?
13. Transportation/Circulation. Will the proposal result in:
X a. Generation of Substantial additional vehicular movement?
X b. Effects on existing parking facilities or demand for new parking?
X c. Substantial impact on existing transportation systems?
X d. Alterations to present patterns of circulation or movement of people and
goods.
X e. Alterations to waterborne, rail or air traffic?
X f. Increase in, traffic hazards to motor vehicles, bicyclists or pedestrians?
14. Public Services. Will the proposal:
4
a. Have an effect upon, or result in the need for new or altered
governmental services in any of the following areas:
X
1. Fire Protection?
X
2. Police Protection?
X
3. Schools?
X
4. Parks or other recreational facilities?
X
5. Maintenance of public facilities, including roads?
X
6. Other governmental services?
15.
Energy. Will the proposal result in:
X
a.
Use of substantial amounts of fuel or energy?
X
b.
Substantial increase in demand upon existing energy sources or require the
development of new sources of energy?
16.
Utilities. Will the proposal result in:
X
a.
A need for new systems, or Substantial alterations to public utilities?
17.'
Human Health. Will the proposal result in:
X
a.
Creation of any health hazard or potential health hazard (excluding mental
health)?
X
b.
Exposure of people to. potential health hazards?
4
YES NO POSSIBLY
18. Aesthetics. Will the proposal result in:
X a.. The obstruction of any scenic vista or view open to the public, or will the
proposal result in the creation of an aesthetically offensive site open to the
public view?
19. Recreation. Will the proposal result in:
X a. An impact upon the quality or quantity of existing recreational
opportunities?
20. Cultural Resources. Will the proposal result in:
X a. The alteration of or the destruction of a prehistoric or historic archaeological
site?
X b. Adverse physical or aesthetic effects to a prehistoric or historic building,
structure or object?
X C. A physical change which would affect unique ethnic cultural values?
X d. Restrictions on existing religious or sacred uses within the potential impact
area.
21. Mandatory Findings of Significance?
X a. Does the proposed project have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species,
cause a fish or wildlife population to drop below self sustaining levels,
threaten to eliminate or significantly reduce a plant or animal community,
reduce the number or restrict the range of a rare or endangered plant or
animal -or eliminate important examples of the major periods of California
history or prehistory?
X b. Does the proposed project have the potential to achieve short-term, to the
disadvantage of long-term, environmental goals?
X c. Does the proposed project pose impacts which are individually limited but
cumulatively considerable?
g d. Does the project pose environmental effects which will cause substantial
adverse effects on human beings, either directly or indirectly?
5
III. DISCUSSION OF ENVIRONMENTAL EVALUATION:
(Attach Narrative)
IV. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE
DECLARATION will be prepared.
X I find that although the proposed project could have a significant effect on the environment, there will not be a
significant effect in this case because the mitigation measures described on the attached sheet have been
incorporated into the proposed project. A MITIGATED NEGATIVE DECLARATION WILL BE
PREPARED.
I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL
IMPACT REPORT is required.
Date: Signature:
Title:
For the City of Diamond Bar, California
M. DISCUSSION OF ENVIRONMENTAL EVALUATION
ENVIRONMENTAL IMPACTS
1. Earth
L
a. Extensive grading or excavation will not be necessary for this
project because the proposed car wash will be located on a
developed site which has been previously cleared and graded and
landscaped. It is therefore not anticipated that the project will result
in unstable earth conditions or changes in geologic substructures.
b. The project will involve the removal of approximately 200 c.y.
of landscaped top soil in an area under the proposed building and
as access to it. The structure will also the overexcavation and
recompaction of the under building soils and excavation for the
under slab treatment/holding tanks and piping. All excess soil will
be removed to an approved disposal location off-site. This
disruption is not considered significant because the majority of this
site has been previously graded. .
c. The landscape berming which exists currently behind the building
will be leveled and adjusted to accommodate the new drive aisles
and building structure.
d. The site is developed and no unique or significant geologic or
physical features exist.
e. The construction or operation of the car wash will not result in
an increase in wind or water erosion either on or offsite because
the project site and the surrounding area is developed with all
curbs, gutters and storm drains . in place.
f. The proposed car wash is not located within the vicinity of any
river or stream:
g. No hazards from landslides, mudslides or ground failure exist
within the immediate area. However, the City is located within a
seismically active portion of Southern California. The potential for
a significant hazard from an earthquake will be mitigated through
1
the application of all State applied construction codes pertinent to
earthquake safety for this project.
2. Air
a. The City of Diamond Bar is located within the South Coast Air
Basin which suffers from the worst air quality in the nation. The
primary pollutants of concern are generated by vehicular exhaust.
Further, according to the General Plan, local topography, climate,
wind and air movement patterns tend to concentrate air pollutants
along the freeway corridors in the City. The proposed project is
located adjacent to the I-57 freeway, and at maximum capacity is
proposed to accommodate up to 340 cars per day. This will
incrementally add to the vehicle emissions and therefore the
pollution within this area. However the project is not of a scale
where this could be considered significant.
b. The proposed car wash will utilize "ryko wax luster" and "ryko
high foam detergent" The Material Safety Data Sheets for these
products indicate that the wax will have a "slight solvent odor" and
the detergent is anticipated to have what is described as a "mild
odor", neither of which are anticipated to be significant. Further,
the car- wash is located adjacent to a shopping center, the freeway
and major roadways, where any odors generated are not likely to
be easily discernible.
c. The project is not of a scale which could significantly affect air
movement, moisture or temperature, even on a local basis. No
major change in climate is anticipated locally or regionally.
3. Water
a. Development of the proposed project will not result in any
adverse environmental effects on any marine or fresh waters
because none exist within the area.
b. The increase in the amount of paved area, and area enclosed by
structures will reduce the absorption area available. Roof drainage
and pavement design will also function to focalize run-off elements;
however, because of the small scope of this project, this will occur
to an insignificant level.
c. The proposed car wash will not alter the course or flow of
flood waters. According to the City's General Plan Master
Environmental Assessment, all flood water and surface runoff from
developments. along Diamond Bar Blvd., south of Grand Ave. is
collected by the Brea Canyon Channel and conveyed to the
southwest towards Orange County.
d. The proposed car wash may slightly increase the amount of
surface runoff at the gas station site. However, this is not
anticipated to be in an amount that could change the amount of
surface water of any body of water.
e. Turbidity may increase slightly temporarily during construction.
Runoff from the increased number of cars serviced at this site will
generally contain increased amounts of pollutants such as rubber and
road tire residue, fuel and oil compounds and particles. There
will also be an increase in turbidity from the rinse water from the
cars which will also contain these pollutants. Prior to issuance of
any building or plumbing permits the applicant is required to obtain
an industrial waste permit from the .Los Angeles County Department
of Public Works, Environmental Programs Division. Further, the
project has been conditioned to comply with all. National Pollutant
Discharge Elimination System (NPDES) permit requirements.
L The construction of a 756 square foot car wash in an area that
was previously landscaped will slightly increase the impermeable
surfaces on the site and decrease the area available for the natural
percolation of surface water which recharges groundwater.
However, this increase is so slight that it is considered insignificant.
4. Plant Life
g. See item Lf above.
h. The proposed project will not have a significant adverse effect
on the availability of public water supplies locally.
i. The volume of stormwater runoff involved with this project, with
or without the proposed car wash to exposed people -or properties
to hazards from flooding.
a. The proposed car wash is located on a developed site' in a
developed area where the majority of native plant species have been
removed.
b. The site is developed, the only species of plants on the site are
those that were planted as part of the gas station site landscaping.
c. See items 4.a & b above.
d. New species of plants may be introduced into the project site as
new landscaping is added into the project site with the addition of
3
new parking spaces and the modification of the existing planting
areas. The City requires that all new and rehabilitated landscaping
undertaken in conjunction with the development of a project be
consistent with adopted Water Efficient Landscape Regulations,
e. The project site is developed and is surrounded' by streets and a
commercial center. There will be no reduction in the acreage of
any agricultural crop.
5. Animal Life
a. The proposed car wash can be considered an infill project in
that the site has already been impacted by human activities, which
lowers the potential for support of any kind of wildlife or wildlife
habitat. Therefore the number of animals on the site has already
been significantly 'reduced or eliminated, from what existed on the
site when it was in its natural state. The addition of the proposed
gas station will not change the diversity of species or numbers of
any species of animals.
b., c. & d. See item 5.a above.
6. Noise
a,b. An acoustical analysis for the proposed car wash was prepared
by Acoustical Analysis Associates, Inc. Sound levels produced by
the same type of car wash with a dryer blower and silencer
package were measured at an existing operational facility. The
noise study indicates that car wash noise levels would slightly
exceed 65dB CNEL within a small portion of the commercial center
north of the property. The Noise Standards contained within .the
General Plan, describes noise levels between 65 and 70 CNEL as
"conditionally acceptable for commercial and industrial land uses.
"Conditionally acceptable" is defined as land uses which are .
acceptable subject to the imposition of noise reduction features and
noise insulation features included within the design.
However, according to the study, traffic noise from the nearby
Orange Freeway (I-57) dominates the existing noise environment,
with secondary contributions from local traffic on Diamond Bar
Blvd. and Brea Canyon Road. This is supported by the Public
Health and Safety Element of the City's General Plan which
designates the car wash site as being within the 65 CNEL noise
counter. Further, the surrounding land uses for this property are all.
commercial, with the nearest residential uses over 300' northeast
of the site. The acoustical analysis concludes that given the existing
noise environment the proposed car wash would not have a
4
significant impact on the adjacent commercial properties. The study
recommends that to reduce car wash sound levels within the area a
soundwall, a minimum of 8 feet in height be constructed along the
northern property line of the gas station.
The project has been conditioned to provide some type of mitigation
which may include, a noise attenuating - block wall, automatic doors,
landscaping, berming or some other measure deemed acceptable by
the Planning Division..
7. Light and Glare
8. Land Use
a. The proposed car wash is a stucco cover tunnel with no
windows of or the addition of other reflective surfaces that would
create additional light or glare.
a. The proposed car wash is 'consistent with the Office Professional
land use designation which permits general, professional and
administrative offices and support uses. The proposed car wash is
considered a supporting use along with the gas station because it
provides a service for employees of office and commercial uses
within the area.
9. Natural Resources
a. The rate of use of natural resources increases incrementally for
building materials, water and energy requirements but is not
anticipated to have the potential to reach significant levels.
10. Risk of Upset
a. There is an existing risk of upset that exists on the gas station
site because of the presence and use of petroleum based products.
However, at the City's request, the applicant has submitted a letter
certifying that the three existing underground storage tanks are not
leaking. According to the C.D. Padden -Larson, Heath, Safety and
Environmental Senior Clerk for Shell, this site has electronic tank
level monitors which are required to. test the site once a month for
tank tightness and to this date the system has passed for all three
tanks.
According to the Material Safety Date Sheet submitted by the
applicant, there will be no risk of upset from the detergent that is
5
proposed, although the "ryko wax luster that will be utilized
is described as a flammable/combustible material. However, when
utilized for waxing cars, the wax will be diluted to a point which
will minimize these risks. Further, prior to the issuance of any
building or plumbing permits, the applicant is required to obtain an
industrial waste permit from the Los Angeles County Department of
Public Works, Environmental Programs Division. Further, the
project has been conditioned to comply with all National Pollution
Discharge Elimination System (NPDES) permit requirements.
b. According to the General Plan, the City has recently developed
a response plan for major emergencies. Minimum road widths and
clearances around structures as related to emergency access and fire
prevention are specified in the City Codes. Further, emergency
evacuation routes are identified in the City's Multi -Hazard
Functional Plan, with the SR57 and SR60 Freeways identified as
the major routes and major surface streets as additional routes. The
proposed car wash is not of a scale that would interfere with any
emergency response plan or impact evacuation routes. Additionally,
the project has been reviewed by the Fire Department and Building
and Safety to insure adequate clearances around structures and
adequate width for emergency vehicles.
11. Population
12. Housing
a. The proposed project has been reviewed and has been determined
to be consistent with the General Plan. The General Plan has
projected population growth in the Planning Area based upon the
distribution of land uses. Therefore, the potential for a significant
adverse effect on the environment due to impacts on population is
not expected.
a. The proposed car wash will not effect existing housing or create
a significant demand for additional housing within the community.
The Housing Element of the General Plan has assessed and projects
the current and future housing needs within the City and has
applied General Plan and zoning designations to the City to
correspond with these needs and create a pattern of development
which provides a range of housing types for all segments of the
community.
6
13. Transportation/Circulation
a., c., f., Using statistics from similar car washes, the applicant
estimates that 160 to 180 cars will be washed daily, with an
estimated maximum patronage of 340 cars. This will add to the
congestion at an intersection that is already impacted by traffic.
According to the General Plan Circulation Element, on Diamond
Bar Boulevard, south of Grand Avenue to Brea Canyon Road,
forecast daily volumes exceed the maximum carrying capacity. It is
difficult to predict precisely what impacts will result from the
increased traffic generated by the car wash without a traffic study.
However, in order to mitigate anticipated impacts resulting from
this project, the Public Works Department has included a condition
of approval requiring the payment of "traffic improvement" fees.
14. Public Services
a. The proposed car wash has been reviewed by the Fire District to
insure that adequate fire flow and fire hydrants are available or will
be provided to the site. All new construction is reviewed for
compliance with the current Uniform Fire Code, and fire
extinguishers and sprinklers and other fire suppression,, security
or access equipment improvements are required where
necessary.
b. It is not anticipated that the proposed car wash will generate the
need for any additional police services because it is of such a small
scale.
C. The Building and Safety Division ensures that schools fees,
which are based upon the square footage of commercial or
residential development have been paid prior to the issuance of
building permits.
d. The proposed car wash will not generate a need for any
additional parks or other recreational facilities.
e. The proposed car wash will not require the addition of any new
roadways and there will be no significant impact on the
maintenance of any public improvements.
f. Impacts to public services will be mitigated through the
assessment of fees for police and fire, parks, libraries, schools and
other public services. Taxes will mitigate potential adverse impacts
over the long term.
W
15. Energy
16. Utilities
a.,b. The proposed car wash is not of a scale that would require
substantial amounts of fuel or energy.
a.b.,c.,d. Installation of all utilities is required as a
condition of project development.
e. The Public Works Department has included a condition of
approval stating that all runoff drainage must comply with the
National Pollutant permit requirements and that Shell agrees to
comply with all reporting/implementation/inspections required by the
City of Diamond Bar and any related costs are to be borne by the
applicant.
f. The proposed, car wash will provide a relocated trash enclosure
on the site, which will be accessible for truck loading.
17. Human Health
a. The implementation of this project is not expected to create or
expose people to potential health hazards. The site improvements
and conditions that have been described in the previous items are
designed to limit impacts to an acceptable level of non -significance
or totally mitigate potential impacts.
18. Aesthetics
a. The proposed car wash is designed to be compatible with the
architectural style of the rest of the service station.
19. Recreation
a. The project will not have an impact on the quality or quantity
of recreational opportunities within the City.
20. Cultural Resources
a.,b.,c.,d. The proposed project will not impacts any cultural
resources within the community.
8
MITIGATED NEGATIVE DECLARATION NO. 96-1
Case No.: Conditional Use Permit No. 96-02 and Development Review
No. 96-03
Applicant: Brian Finch, Shell Oil Company
3281 Guasti Road
Ontario, CA 91761
Proposal: A request for a 756 square foot automated car wash and the
remodel of the foodmart at an existing Shell service station.
Location: 3241 S. Brea Canyon Road, at the northwest corner of Brea
Canyon Road and Diamond Bar Boulevard.
Environmental
Findings: The proposed project, as determined by the City of
Diamond Bar, could have a significant effect on the
environment. However, there will not be a significant effect
in this case because the mitigation measures described herein
have been incorporated into the proposed project and a
mitigated negative declaration has been prepared.
Discussion of Environmental Evaluation and Mitigation Measures
Earth:
g. Exposure of people or property to geologic hazards, such as
earthquakes, landslides, mudslides, ground failure or similar hazards.
Explanation:
The City is located within a seismically active portion of Southern California.
Mitigation:
The potential for a significant hazard from an earthquake will be mitigated
through the application of all state applied construction codes pertinent to
earthquake safety for this project.
1
Noise:
a. Significant increases in existing noise levels?
b. Exposure of people to severe noise levels?
Explanation:
An acoustical analysis has been prepared for the project site with the proposed
car wash. The noise study indicates that noise generated by the car wash would
slightly exceed 65 dB CNEL within a small portion of the commercial center to
the north of the site. This exceeds the standards contained within the City's
Noise Ordinance.
Mitigation:
The project has been conditioned to provide some type of noise mitigation along
the northerly property line, which may include a noise attenuating sound wall,
automatic doors on the entrance or exit to the car wash, terming, landscaping or
other measures determined to be acceptable to the Planning Division.
Risk of Upset:
a. A risk of an explosion or the release of hazardous substances
(including but not limited to, oil pesticides, chemicals or radiation) in
the event of an accident or upset condition?
Explanation
There is an existing risk of upset that on the gas station site because of the
presence and use of petroleum based products.
Mitigation:
At the City's request the applicant has submitted a letter certifying that the three
existing underground storage tanks are not leaking. According to C.D. Padden
Larson, Health and Safety Environmental Clerk for Shell, this site has electronic
tank level monitors which are required to test the site once a month for tank
tightness and to this date the system has passed for all three tanks.
Explanation
The car wash will utilize a wax that is flammable.
2
Mitigation:
However, this wax will be diluted for use to the point where it will not result in
a significant risk of upset. Further, prior to issuance of building permits, the
applicant must obtain an industrial waste permit for the Los Angeles County
Department of Public Works Environmental Programs Division, Industrial Waste
Clearance.
Transportation/Circulation:
a. Generation of substantial additional vehicular movement?
C., Substantial impact on existing transportation systems?
Explanation:
The applicant estimates that 160 to 180 cars will be washed daily, with an
estimated maximum patronage of 340 cars. This will add to the congestion at an
intersection that is already impacted by traffic. According to the General Plan
Circulation Element, on Diamond Bar Boulevard, south of Grand Avenue to Brea
Canyon Road, forecast daily volumes exceed the recommended carrying capacity.
Mitigation:
The Public Works Department has included a condition of approval requiring the
applicant to pay transportation improvement fees. These fees will be used to pay
for street system improvements which may include, signalization, pavement
marking improvements, left turn phasing of signals, and future overlay and street
improvements at the intersection of Diamond Bar Blvd. and S. Brea Canyon
Road
3
CITY OF DMMOND BAR
-- COMMUNITY D,' . ELOPMENT DEPARTMENT
�£ - , 21660 E. Copley Dnve Suite 190
(909)396-5676 Fax (909)861-3117
DEVELOPMENT REVIEW APPLICATION
Record Owner
Name SHELL OIL CO.
(Last name first)
777 Walker, TSP 1100
Address
City
Zip 77252-2099
Phone( )--%Q9--460-3322
Applicant
Finch, Brian
(Last name first)
Shell Oil Co.
3281 Guasti Road # 480
Ontario, CA 91761
Phone( . ) 800-457-4355
Case#DMZ 96-D=3
V: • FPL # 6 - Ov 7
Deposit
Receipt# 15a6 / 78
By —
Date Rec'da
Applicant's Agent
Ghaderi, Ahmad
(Last name first)
A&S Engineering
207 W. Alameda Ave # 203
Burbank CA 91502
Phone( ) 818-842-3644
NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the
principals involved during the processing of this case.
(Attach a separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors
of corporations.)
Consent: I c rat II amt owner of the herein described property and permit the applicant to file this request.
Signed - r " 1 Date
(All record owners)
t'�re�_ Cis
a .C.av�...�1o011`'� f
ae a' ; gyl � ,elr en ly fp rJ r1' f
Certification: I, the.' first ed hereb cern under ena o e u that the information herein provided is correct
to the best of my knowledge.
Print Name Ahmad Ghaderi
(Applicant or Agent
Signed
---''' `\--- Date
Applicant r Agent)
Location 3241 South Brea Canyon Road, Diamond Bar, CA
(Street address or tract and lot number)
Zoning C p HNM NA
Previous Cases None
Present Use of Site Gas Station'
Use applied for Add- Automated Car Wash., KG/V Obe t_ JNTE&IOtZ of E-xt STING
FOLD /VIA ('�T
Legal description (au ownership comprising we propvsau 1ULk8)1panx1k8))
See Attached 1 Discription
Area devoted to structures 1834 S . F . Landscaping/Open space 16%
Project Size 25,504 S. F. Lot Coverage 25,504 S.F. Proposed density N/A
(Units/Acres)
Style of Architecture N/A
Number of Floors Proposed 1 Slope of Roof N/A
Grading' N 0 If yes, Quantity
Cut Fill
.Import
Export
If yes, Quantity _
If yes, Quantity
S/ TE
SCALE .= N. T S.
PROJECT SUMMARY
LFGAL. QF_DRIP TION
L TOWNSHIP 2 SOU TH. RANGE 9 WEST, SAN
THAT PORTION OF SEC TION '19, "D IN
BERNARDINO BASE AND MERIDIAN, AS SHOWN ON RECORDS OF SURVEY FILED
BOOK 76, PAGES 57 rHROUGH 56. INCLUSIVE, OF RECORDS SURVEYS, IN THE
OFFICE OF THE COON r Y RECORDER, COON r Y OF L OS ANG ELES,OF . S rA rE OF CALJF,
BEING DESCRIBED AS FOLLOWS:,
BEGINNING AS THE WESTERLY TERMINUS OF THAT.CERTAIN -COURSE IN THE
NOR THERL Y LINE. OF DIAMOND BAR BLVD., 100.00 FEET WIDE, AS SHOWN
ON MAP OF TRACT No, 259.91, AS PER MAP RECORDED IN BOOK ' 702, PAGES 16
THROUGH 21, INCLUSIVE, OF MAP, RECORDS OF SAID COUNTY, AS BEING A .
CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 950..00 FEET, A CENTRAL
ANGLE Of 9722'30' AND AN ARC DISTANCE Of 155,44 FEET, A RADIAL LINE
TO SAID POINTS BEARS SOUTH 6*45'36' WEST,-. THENCE IN A GENERAL
NORTHEASTERLY DIRECTION 'ALONG 77 -JE WESTERLY LINE OF SAID BREA CANYON
ROAD, AS SHOWN ON TRACT No. 25991, AS FOLLOWS:
EASTERLY AND NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 40.00 FEET THROUGH A CENTRAL ANCLE OF 71*57'27" AN
ARC DIS LANCE OF 50. 2.J FEET, NOR IHERLY ALONG A COMPOUND CURVE CONC-4VE.
WESTERLY AND HAVING A RADIUS OF 960.00 FEET'THROUGH A CENTRAL OF
3'21 '20" AN ARC DISTANCE OF 140.00 FEET TO A POINT, A RADIAL LINE
TO SAID POINT BEARS SOUTH 73'.33'05'. WEST 18Z57 DEED TO A POINT
IN A CURVE THAT IS CONCAVE. NORTHERLY HAVING A RADIUS OF IJ4.00 FEET, SAID
POINT* BEING IN THE NORTHERLY LINE OF EXCEPTION No. J OF PARCEL "A" PER
DEED RECORDED IN BOOK 0-I390 PAGE 827 OF OFFICIAL RECORDS, A RADIAL.
LINE TO SAID POINT BEARS SOUTH 24*11'24" WEST,' THENCE EASTERLY ALONG
SAID .OF 8'48*07" AN ARC DISTANCE OF 26.73 FEET, TO THE MOST EASTERLY
CORNER OF SAID EXCEPTION NO> .3, SAID POINT BEING ON A CURVE IN THE
NOR THERL Y LINE OF SAID DIAMOND BAR BL YO. CONCAVE NOR THERL r AND
OF 950.6)o FFEr,- T?qENCE SOUTHEASTERLY ALONG SAID
HAVING A RADIUS '
CURVE AND. NORTHERLY LINE OF SAID DIAMOND BAR BLVD. THROUGH A
CENTRAL ANGLE OF 4'20'17" AN ARC DISTANCE OF. 7,.9.3 FEET To THE
POINT OF BEGINNING.
ZONING:
o.
,nrriJAS :v('Y.-
C0MMUNI'1'Y UEVELOPMEN 1 Ut 1'Attt Mt1N t
,;7;�=• �,.; _ 21660 E. Copley Drive Suite 190
T (909)396-5676 Fax (909)861-3117
�0", . CONDITIONAL USE PERMIT APPLICATION
Record Owner
Name SHELL OIL CO.
(Last name first)
777 Walker, TSP 1100
Address
city uo„s;tep—Texas
77252-2099
Zip
Phone( ) 909-460-3392
Applicant
Fince. Biran (Shell Oil Co.)
(Last name fust)
3281 Guasti Road # 480
Ontario
91.761
Phone( ) 800-457-4355
Deposit $ 44o0a • as
Receipt# D 2 & 117e
By
Date Rec'd ,
Applicant's Agent
Ghaderi , Ahmad (A&S EngineE
(Last name first)
207 W. Alameda # 203
Burbank
91502
Phone.( ) 818-842-3644
NOTE: It is the applicant's responsibility to notify the Community Development Director in writing of any change of the
principals involved during the processing of this case.
(Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and
directors of corporations.)
Consent: I ce
' t
1 am th owner of the herein
described property and permit the applicant to file this request.
S:imed
/
!
1: omestic Water Source
Date 1— --� — i
'�(All reci�ord awn
�e.c_ � -Q-L\, ze Rq
`r•^^'ti�`^pt
Certification: 1, the undersigned, hereby cerrrrrr'fy under pen [jhy�perjury that the information herein provided is correct to
the best of my knowledge.
Print Name Ahmad Ghaderi
( ant car--r'�� •�-.
Signed _ Date__ .
(Applicant or Agent)
Location 3241 S. Brea Canyon Road, Diamond Bar. CA
(Street address or tract and lot number)
ino C � V
Previous Cases
None
Present Use of Site Gas Station
HNM NA
Use applied for Automated Car Mash Addition, REMODeL 1,%r1-L:Aiok
OF EX15T1NG FooD MART'
Project Size (gross acres)
0.59
_ Project den. ity _
N/A
1: omestic Water Source
City
Company/District
N/A
Method of Sewage disposal r1unl d pal Sanitation District N/A
Grading of Lots by Applicant? Yes No XX
(Show necessary grading design on site plan or tent map)
CONDITIONAL USE PERMIT BURDEN OF PROOF
In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the
Planning Commission, the following facts:
C,
A. - I That the requested use at the location proposed will not:
1. Adversely affect the health, peace, comfort or welfare of.persons residing or working in
the surrounding area, or
2. Be materially detrimental to the use, enjoyment or valuation of property of other persons
located in the vicinity of the site, or -
3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or
general welfare.
The requested use will not affect the welfare of persons in
the surrounding area
B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences,
parking and loading facilities, landscaping and other development features prescribed in this Title
22, or as is otherwise required in order to integrate said use with the uses in the surrounding area.
The proposed site is adequate to accomodate the development
features required to integrate said use with the sur -minding -
area.
C. That the proposed site is adequately served:
1. By higbways or streets of sufficient width and improved as necessary to carry the Idnd
and quantity of traffic such use would generate, and
2. By other public or private service facilities as are required.
The site is adequately served by the public and private
services requirecT—.
—
LEGAL: DESCRIPTION (all ownership comprising the proposed lots)/parcel(s)
See attached legal discription
Area devoted to structures 1.834 Landscaping/Open space _
Residential Project: N/A and
(gross area) (No. of lots)
N/A
Proposed density
(Units/Acres)
Paiking Required Provided
Standard 8
Compact 0 0
Handicapped 1 1
8 9
Total
PC RESOLUTION NO. 96 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF DIAMOND BAR APPROVING
CONDITIONAL USE PERMIT NO. 96-29 DEVELOPN[ENT
REVIEW NO. 96-3. AND NEGATIVE DECLARATION NO -
96 -1, A . REQUEST FOR A 756 SQUARE FOOT
AUTOMATED CAR WASH AND THE REMODEL OF THE
FOOD MART AT AN EXISTING SHELL SERVICE
STATION LOCATED AT 3241 S. BREA CANYON ROAD,
DIAMOND BAR, CALIFORNIA.
A. RECITALS.
(i) the Applicant's agent, A&S Engineering, 207 W. Alameda Avenue #203, Burbank,
California, 91502, has filed an application for Conditional Use Permit No. 96-2 and
Development Review No. 96-3 as described above in the title of this Resolution.
Hereinafter in this Resolution the project, located at address indicated in the title of this
Resolution, shall be referred to as "the application".
(ii) On. April 18, 1989, the City of Diamond Bar was established as a duly organized.
municipal corporation of the State of California. Thereafter, the City Council of the City
of Diamond Bar adopted its Ordinance No. 14 (1990), thereby adopting the Los Angeles
County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los
Angeles County Code contain the Development Code of the County of Los Angeles now
currently applicable to development applications,. including the subject Application, within
the City of Diamond Bar.
(iii) Action was taken on the subject application as to the consistency with the General Plan_
and has been determined to be in conformance with the document.
(iv) On May 13, 1996, the Planning Commission of the City of Diamond Bar conducted a
duly, noticed public hearing on the application and concluded said public 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:
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.
1
2. The Planning Commission hereby finds that the project has been determined that a
Negative Declaration has been prepared and presented for the review and approval
by this Commission in compliance with the California Environmental Quality Act
of 1970, as amended, and the Guidelines promulgated thereunder, pursuant to
Article 6 of Division 13 of Title 14 of the California Code of Regulations.
3.. The Planning Commission hereby specifically finds and determines that, having
considered the record as a whole including the findings set forth below, and
changes and alterations which have been incorporated into and conditioned upon
the proposed project set forth in the application, there is no evidence before this
Planning Commission that the project proposed herein will have the potential of an
adverse effect on wild life resources or the habitat upon which the wildlife .
depends. Based upon substantial evidence, this Planning Commission hereby
rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14
of the California Code of Regulations. Notwithstanding any previous Subsection
of this Resolution, if the Department of Fish and Game requires payment of a fee
pursuant to Section 711.4 of the Fish and Game Code, payment thereof shall be
made by the applicant prior to the issuance of any building permit or any other
entitlement.
4. Based on the substantial evidence presented to the Planning Commission during the
above -referenced public hearing opened on May 13, 1996 and concluded on that
date, including written and oral staff reports, together with public testimony, the
Planning Commission hereby specifically finds as follows:
(a) The Application applies to a site approximately .61 acres in size located at
3241 S. Brea Canyon Road at a Shell Service Station. The project site lies
within Zone CPD allows the proposed use by Conditional Use- Permit.
(b) Generally, the subject site is surrounded by Commercial and Office
Development. The site is located approximately 300 ft. from residential
development.
(c) The surrounding properties are developed with a commercial center to the
north, a service station and commercial and office uses to the south and a
commercial center on the east side of Brea Canyon Road.
(d) Notification of the public hearing for this project has been made in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin on April 23,
1996, and fourteen (14) property owners within 500 feet of the project.site ,
were notified by mail.
(e) The Application is for the construction of a car wash and the remodel of an
existing food mart.
K
(f) That the requested use at the location will not:
(1) Adversely affect the health, peace, comfort or welfare of persons
residing in the surrounding area, or
(2) Be materially detrimental to the use, enjoyment or valuation of
property of other persons located in the vicinity of the site, or
(3) Jeopardize, endanger or otherwise constitute a menace to public
health, safety or general welfare; and
(g) That the proposed site is adequate in size and shape to accommodate the
yards, walls, parking facilities, landscaping and other development features
prescribed in this approval; and
(h) That the proposed site is adequately served:
(1) By highways or streets of sufficient width and improved as
necessary to carry the kind and quantity of traffic such use would
generate, and
(2) By other public or private service facilities as are required.
(i) Notification of the public hearing for this project has been made;
(j) The proposed project is consistent with the applicable elements of the City's
General Plan, design guidelines and architectural criteria of the appropriate
district;
(k) The design and layout of the proposed development will not unreasonably
interfere with the use and enjoyment of the neighboring- existing and future
developments, and will not create traffic or pedestrians hazards;
5. Based on the findings and conclusions set forth in paragraphs l,'2, 3, and 4 above,
the Planning Commission hereby approves the application subject to the following
restrictions as to use:
(a) The car wash and service station remodel are approved as shown on the
copies of the approved plot plan. The property shall thereafter be
developed and maintained in substantial conformance with the approved
plans.
(b) That the applicant must, comply with all State,. Zone CPD, Engineering
Department and Building and Safety Department requirements.
(c) ' This grant is valid for two years and must be exercised (i.e. construction
started) within that period or this grant will expire. A one year extension
may be requested in writing and submitted to the City 30 days prior to the
expiration date.
3
(d) This permit shall not be effective for any purpose until a duly authorized
representative of the applicant and/or owner of the property involved has
filed, at the office -of Diamond Bar Community Development Department,
the Affidavit of Acceptance stating that the applicant/owner is aware of and
accepts all the conditions of "this permit.
(e) That all requirements of the Zoning Ordinance and of the underlying zoning
of the subject property must be complied with, unless set forth in the
permit and shown on the approved plans.
(f) A noise attenuating sound wall and/or automatic entrance and exit doors, or
any other noise mitigation measures as approved by the Planning Division
shall be installed prior to final inspection.
(g) Prior to issuance of any building or plumbing permits, the applicant must
obtain an industrial waste permit from the Los Angeles County Department
of Public Works, Environmental Programs Division, Industrial Waste
Clearance. Please contact David Esfendi at (818) 458-3510 for further
information.
(h) The Walnut Valley Water District shall be contacted to insure that the water
meter is of an adequate size to accommodate the proposed development
prior to permit issuance.
(i) Unless it can be demonstrated that permits were pulled for the freestanding
pole signs located at the rear of the project site and in the landscape planter
area along Diamond Bar Boulevard, they must be removed in compliance
with the City's Sign Ordinance, Section 116, prior to the issuance. of any
building permits.
(j) All signs shall be approved by separate permit.
(k)
Building & Safety
(m)
Revised landscaping and irrigation plans shall be submitted to reflect
changes in the revised site plan.
Revised elevations shall be submitted showing architectural enhancements
on the rear elevation, prior to the issuance of building permits.
The . submitted plans shall meet all B -occupancy requirements.
(n) Plans shall conform to State and Local Building Codes (i.e. 1994 editions
of the Uniform Building Code, Plumbing Code, Mechanical Code, and
1993 edition of the National Electrical Code) as well as the State Energy
Code.
4
(o) Plans shall be engineered to meet wind loads of 80 mph with an exposure
„C,,.
(p) All new handicapped parking shall comply to new. State Handicapped
Accessibility Regulations.
(1) Show compliance for van parking.
(2) Route: Shortest accessible route to accessible entrance(s). Parking
not serving this building, a shortest pedestrian route to closest
pedestrian entrance of pedestrian facility.
(q) The existing rest rooms, designated for men, women and employees, shall
meet current handicapped requirements.
Public Works
Fire Department
(r) The rest room access doors shall be. clearly marked with symbols.
(s) Ramps shall comply to new State Handicapped Accessibility Regulations.
(t) Proposed landscaping areas shall be provided with irrigation. Irrigation
plans not provided.
(u) Traffic markings shall be provided at the entrance and, exit to the car wash
drive aisles.
(v) All water and drainage to be contained and meet restrictions before
entrance into any drainage systems. Depict drainage facilities, pipes, etc:
on construction plans.
(w) Handling of all runoff drainage must comply with National Pollutant
Discharge Elimination System (NPDES) requirements. Shell agrees to
comply with ann reporting/implementation inspections required by the City
of Diamond Bar and any related costs to be borne by the applicant.
(x) The traffic improvement fees, per the Negative Declaration, shall be paid
as required by the Public Works Director.
(y) The required fire flow for PUBLIC fire hydrants at this location is 1500
gallons per minute at 20 psi for a duration of 2 hours, over and above
maximum daily domestic demand.
(z) All hydrants shall measure 6" x 4" x 2 1/2", brass of bronze, conforming
to current AWWA Standard C503, or approved equal. Hydrants shall be
installed per specification of the Los Angeles County Water Ordinance No.
7834. (Title 20) Utility Manual, Section 4.0 to 4.6:
5
(aa) All required public fire hydrants shall be installed, tested and accepted prior
to construction. Fire Code 901.3.
(bb) Vehicular access must be provided and maintained serviceable throughout
construction. Fire Code 901.3.
(cc) Show all existing fire hydrant(s) within 300 feet of all property lines and
call out hydrant size and dimension -to property lines on site plan.
(dd) Complete and return "Water Availability" farm (Form 196) prior to
issuance of building permits.
6. The Planning Commission Secretary is hereby directed to:
(a) Certify to the adoption of this Resolution and,
(b) -Forthwith transmit a certified copy of this Resolution, by certified mail,
return receipt requested, to A & S Engineering, 207 W. Alameda Avenue
#203, Burbank CA., 91502.
ADOPTED AND APPROVED this 13 day of May, 1996.
Chairman
I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution
was duly introduced, passed, and adopted by the Planning Commission of the. City of Diamond Bar,
at a -regular meeting of the Planning Commission held on the 13 day of May, 1996, by the following
vote: .
AYES:
NOES:
ABSTAIN:
ATTEST:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
James DeStefano, Secretary
INTEROFFICE MEMORANDUM
TO: Chairman and Planning Commissioners
FROM: Ann J. Lungu, Assistant Planner
SUBJECT: Revised Planning , Commission Policies and
Procedures Manual
DATE: May 13, 1996
At the last meeting, the Commission receiveda draft revised
Planning Commission policies and Procedures Manual dated April 22,
1996.
Pursuant to the Commission's direction, attached is a revised
Planning commission Policies and Procedures Manual dated May 13,
1996. This manual incorporates sections (Limits on Collecting
Evidence outside the Hearing, California Environmental Quality Act
Required Procedures, Importance of Findings in Quasi -Judicial
Action, Preparation of Findings• A Question of Timing, Summary:
Bridging the Gap, Specific Action, and Compensation/Travel
Expenses) and other general language throughout the manual from
the city Attorney's handbook and the Commission's manual dated
December, 1993 which the commission received on March 11, 1996.
Although not all inclusive, the revised manual contains
information which will be helpful during your tenure.
Please review the revised manual which will be considered for
adoption by resolution.
Attachments:
1. Draft Resolution adopting the Planning Commission . Policies
and Procedures Manual;
2. Planning commission Policies and Procedures Manual dated May
13, 1996.
PLANNING COMMISSION.
RESOLUTION NO. 96 -XX
A -RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF DIAMOND BAR ESTABLISHING A PLANNING
COMMISSION POLICIES AND PROCEDURES MANUAL -
A. Recitals
1. It is important to the successful operation of any public
organization ' that standards be established to define
roles, responsibilities, and expectations of the
governing board and staff in an organization's operation.
2. The establishment of standards by the Planning Commission
will promote understanding and trust among members of the
Commission and staff concerning their roles, responsibil-
ities, and expectations for the operation of the City.
3. The establishment and periodic review of the Planning
Commission Policies and Procedures Manual will assist new
members of the commission to better understand their role
and responsibilities.
B. Resolution
NOW, THEREFORE, it is found, determined and resolved by the
Planning Commission of the City of Diamond Bar as follows:
1. The Planning Commission hereby specifically finds that
all of the facts set forth in the Recitals, Part A, of
this Resolution are true and correct..
2. The Planning Commission is operating under a Planning
Commission Policies and Procedures Manual adopted
December 13, 1993.
3. The adoption of the Planning Commission Policies and
Procedures Manual dated May 13, 1996 shall supersede the
Planning commission policies and Procedures Manual dated
December 13, 1993.
4. The Planning Commission shall follow the policies and
procedures listed within the manual dated May 13, 1996.
1
APPROVED AND.ADOPTED THIS THE 13TH DAY OF MAY, 1996, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY: Mikd Goldenberg, Chairman.
I, James DeStef ano, Planning commission Secretary . do hereby certify
that the foregoing Resolution was duly introduced, passed,, and
adopted, at a regular meeting by I the Planning commission of the
City of Diamond Bar, held on the 13th day of May 1996:
�d 5fil
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
ATTEST: James DeStefano, Secretary
Q yd
Pq
File rev. � by
on end is reedy for
.scanning
File. rev ew d by '
on v laz z and is ready for'
d®struation'by City Clerk