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Home My WebLink About6/23/1998PLANNING COMMISSION AGENDA June 23, 1998 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Chairman Vice Chairman Commissioner Commissioner Commissioner Toe McManus Steven Tye George Kuo Steve Nelson Toe Ruzicka Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, 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 to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accomodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. FA&LWAGEM&OW Please refrain from smoking, eating or drinking The City of Diamond Bar uses recycled paper Q«nrax� Fu in the Auditorium Aga� and encourages you to do the same. City of Diamond Bar Planning Commission MEETING RULES PUBLIC I The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and buisinesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Commission making recommendations to the staff and City Council. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Commission. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergenct or when a subject matter arises subsequest to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. FAAWIRR11 A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909)396-5676 between 8:OOa.m. and S:OOp.m. Monday through Friday. Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info&i.diamond-bar.cams PLANNING COMMISSION CITY OF DIAMOND BAR Tuesday, June 23, 1998 AGENDA Next Resolution No. 98-15 CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: CU—MMISSIONERS: Chairman Joe McManus, Vice Chairman Steve Tye, Joe Ruzicka, George Kuo, and Steve Nelson. 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 yDbm a ) There is a five minute maximum time limit when addressing the Planning Commission - 3. o mission_ 3. APPR -)VAL OF AGENDA: Chairman 4. CONSENT CALENDAR: The following items listed o1. consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1. Minutes of June 9, 1998 5. OLD BUSINESS: 5.1 Development of Planning Commision Goals. 6. NEW BUSINESS: 6.1. Planned Sign Program No. 98-2 is a request to establish a Planned Sign Program for an existing commercial center. There are no signs proposed to be installed under this application. June 23, 1998 - PLANNING COMMISSION AGENDA 1 7. Property Location: Town Center Village, 1235 Diamond Bar Blvd. - southwest corner of Grand Avenue and Diamond Bar Blvd. Applicant: American Storesn Inc, 6565 Knott Ave., Buena Park, CA 90620 Property Owmer: Diamond Bar/Grand LLC, 2717 W. Coast Hwy., Newport Beach Environmental Determination: The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15311(a). RECOMMENDATION. Staff recommends that the Planning Commission approve Planned Sign Program No. 98-2, Findings of Fact and conditions as listed within the attached resolution. CONTINUED PUBLIC HEARING: 7.1 General Plan Amendment No. 96-1, Tentative Parcel Map .No. 24646, Conditional Use Permit No. 96-14 and Oak Tree Permit No. 964 (pursuant to Code Sections Title 21 -Subdivision, Hillside Management Ordinance No. 7 (1992) and Part 16-22.26 Oak Tree Permit) The subject request proposes to change the General Plan land use designation for 5.88 acres within a 132 acre parcel located in a .gated community identified as "The Country Estates". The land use designation will change from Open Space to Rural Residential. The remaining 126.12 acres will continue as Open Space. The proposal includes: subdividing the 5.88 acres into four lots, each a minimum of one acre, for the eventual development of four single family custom homes; the removal and replacement of oak and walnut trees; and the removal of a map restriction. Continued .om April 28, 1997 Property Address: Easterly side of Blaze Trail across from the intersection of Timbertop Lane. Property Owner/ Diamond Bar Country Estates Association, 22615 Lazy Meadow Applicant: Drive, Diamond Bar CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that a Negative Declaration is required for this project. Negative Declaration No. 97-04 has been prepared and was available for public review from September 12, 1997 to October 2, 1997. RECOMMENDATION: Staff recommends that the Planning Commission accept the applicant's request for a withdrawal of General Plan Amendment No. 96-1, Tentative parcel Map No. 24646, Hillside Management Conditional Use Permit No. 96-14 and Oak Tree Permit No. 96-4 June 23, 1998 - PLANNING COMMISSION AGENDA 8. PUBLIC HEARING: 8.1 Variance No. 95-2-1 and Development Review No. 96-1-1 (pursuant to Code Section 22.56.400 and 22.72.160) is a request for a two year extension of time of the Planning Commission approval dated June 24, 1996. The Variance approval permits the construction of four retaining walls (crib walls) with interjacent planters, within the rear ofd the project site. The maximum approved height of three walls is eight feet and maximum height of one wall is six feet. The Development Review approval permits the construction of an 8,334 square foot two-story single family residence with a cellar, deck, pool/spa and four car garage. The extension of time request does not alter the approved project's development standards. Project Address: 1729 Derringer Lane, Diamond Bar, CA 91765 Property Owner/Applicant: Jeffrey and Eddy Hu, 2945 Rio Lempa Drive, Hacienda Heights, CA 91745. Environmental Determination: The approved project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15303 (c). The extension of time request does not alter the approved project. Therefore, the project remains categorically exempt, pursuant to CEQA Section 15303 (c). RECOMMENDATION: Staff recommends that the Planning Commission approve a one year extension of time for Variance No. 95-2-1 and Development Review No. 96-1-1 subject to the Findings of Fact and Conditions of Approval listed in the attached resolution. 8.2 Development Revew No. 98-7 (pursuant to Code Section 22.72.020.A.4 and 22.72.040) is a request to convert a 1,003 square foot vacant retail unit to a cafe/deli. The Develop[ment Review process is required due to the conversion of a vacant retail unit to a more intensified use - restaurant. Property Address: 1241 Diamond Bar Blvd., Diamond Bar, CA 91765 Property Owner/Applicant: Diamond Bar/Grand, LLC, 2717 W. Coast Hwy., Newport Beach, CA 92663 Environmental Determination: The approved project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15303(c). RECOMMENDATION: Staff recommends that the Planning Commission approve Development Review 98-7, Findings of Fact and conditions as listed within the attached resolution. 9. PLANNING COMMISSION COMMENTS: 10. INFORMATIONAL ITEMS: Development Code Update June 23, 1998 - PLANNING COMMISSION AGENDA 3 11. SCIREDULE OF FUTURE EVENTS: SUIvAMR, CONCERTS IN 7.1-1.E PARK SERIES - Wednesday, June 24, 1998 - Hodads - 6:30 p.m. - Sycamore Canyon Park PARKS & RECREATION COMMISSION - Thursday, June 25, 1998 - 7:00 p.m. - SCAQMD Board Hearing Room, 21865 E. Copley Drive. SLTWMER CONCERTS IN THE PARK SERIES - Wednesday, July 1, 1998 - Long Beach Junior Concert Band - 6:30 p.m. - Sycamore Canyon Park CITY COUNCIL - Tuesday, July 7, 1998 - 6:30 p.m. - SCAQMD Auditorium, 21865 E. Copley Drive SU1VIlIMIER CONCERTS IN THE PARK SERIES - Wednesday, July 8, 1998 - Doo Wah Riders - 6:30 p.m. - Sycamore Canyon Park TRAFFIC & TRANSPORTATION - Thursday, July 9, 1998 - 7:00 P.M. - SCAQMD Board Hearing Room, 21865 E. Copley Drive. SU UMER CONCERTS IN THE PARK SERIES - Wednesday, July 15, 1998 - Film at 11:00 and the Late Breaking Ilorns - 6:30 p.m. - Sycamore Canyon Park PLANNING COMMISSION - Tuesday, July 14, 1998 - 7:00 P.M. - SCAQMD Auditorium, 21865 E. Copley Drive CITY COUNCIL - Tuesday, July 21, 1998 - 6:30 p.m. - SCAQMD Auditorium, 21865 E. Copley Drive SUNMIER CONCERTS IN THE PARK SERIES - Wednesday, July 22, 1998 - Mid West Coast Band - 6:30 p.m. - Sycamore Canyon Park PLANNING COMMISSION - Tuesday, July 28, 1998 - 7:00 P.M. - SCAQMD Auditorium, 21865 E. Copley Drive SUMMER CONCERTS IN "M PARK SERIES - Wednesday, July 29, 1998 - Sapadilla (Calypso) - 6:30 p.m. - Syc i.- )re Canyon Park 11. ADJOURNMENT: July 14, 1998 June 23, 1998 - PLANNING COMMISSION AGENDA 4 r MINUTES OF THE CITY OF DIAMOND BAR a� REGULAR MEETING OF THE PLANNING COMMISSION JUNE 9, 1998 CALL 'TO ORDER: Chairman McManus called the meeting to order at 7:04 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Nelson. ROLL CALL: Present: Chairman Joe McManus, and Commissioners George Kuo, Steve Nelson and Joe Ruzicka. Absent: Vice Chairman Steve Tye. Also Present: James DeStefano, Deputy City Manager; Catherine Johnson, Senior Planner, and Ann Lungu, Associate Planner. • MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None APPROVAL OF AGENDA: As submitted. CONSENT CALENDAR: 1. Minutes of May 26, 1998. C/Ruzicka moved, C/Kuo seconded, to approve the minutes of May 26, 1998 as presented. Motion carried 4-0 by Roll Call vote with VC/Tye being absent. OLD BUSINESS: None NEW BUSINESS: 1. Review of Fiscal Year 1998-1999 Capital Improvement Program (CIP) for conformity with the General Plan pursuant to Section 65401 of the Government Code. DCM/DeStefano presented staffs report. Staff recommends that the Planning Commission adopt Resolution No. 98 -XX fording the proposed CIP in conformance with the General Plan. JUNE 9, 1998 PAGE 2 DCM/DeStefano responded to C/Ruzicka that the Traffic and Transportation Commission, in response to citizens requests, considered the matter of installation of speed humps on Goldrush Drive. The Traffic and Transportation Commission, in accordance with its previously agreed upon speed hump policy, determined that this mitigation measure would not be appropriate and may, in fact, result in hazardous conditions due to the slope and curvature of the street. Other more appropriate mitigation measures are being considered. C/Nelson said he is surprised about the Golden Springs Drive and Raquet Club Road traffic control project because he had no idea that the area of Golden Springs Drive has that type of traffic volume. DCM/DeStefano responded that the project was not necessarily based upon traffic volume. In this case, the project was based upon safety concerns. DCM/DeStefano explained to C/Kuo that the amount specified for street improvement is $4,150,000. The figure of $3,550,000 noted in the June 4 memorandum was the amount of City resources. $600,000 is Redevelopment Agency money. He explained the City's budget considerations based upon project needs, resources and the ability to implement the projects. C/Ruzicka moved, C/Nelson seconded, to adopt Resolution No. 98 -XX finding the proposed CIP in conformance with the General Plan. Motion carried 4-0 by Roll Call vote: AYES: COMMISSIONERS: Kuo, Nelson, Ruzicka, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Tye 2. ]Development of Planning Commission Goals. SP/Johnson presented staffs report. Staff recommends that the Planning Commission discuss the and develop goals for Fiscal Year 1998/1999 considering the following: 1) Implementation of the General Plan; 2) approval of a Wireless Telecommunication Ordinance; 3) approval of Zoning Map changes; 4) approval of a revised Housing Element, and ,5) approval of Local California Environmental Quality Act Guidelines. Chair/McManus stated that VC/Tye is not present tonight and would like to be included in the discussion. C/Ruzicka moved, C/Kuo seconded, to continue the matter to June 23, 1998. Motion carried 4-0 with VC/Tye being absent. PUBLIC HEARING: None PLANNING COMMISSION COMMENTS: None INFOR RATIONAL ITEMS: None JUNE 9, 1998 PAGE 3 SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: C/Ruzicka moved, C/Nelson seconded, to adjourn the meeting to June 23, 1998. There being no further business to come before the Planning Commission, Chair/McManus adjourned the meeting at 7:361 p.m. Respectfully Submitted, James DeStefano Secretary to the Planning Commission Attest: Joe McManus Chairman City of Diamond Bar PLANNING COMMISSION Staff Report AGENDA ITEM NUMBER: 6.1 REPORT DATE: June 2, 1998 MEETING DATE: June 23, 1998 CASE/FILE NUMBER: Planned Sign Program No. 98-2, APPLICATION REQUEST: To establish a Sign Program for an existing commercial center. PROPERTY LOCATION: Town Center Village, 1235 Diamond Bar Boulevard, southwest corner of Grand Avenue and Diamond Bar Boulevard. APPLICANT: American Stores, Inc. 6565 Knott Avenue Buena Park, CA 90620-6713 PROPERTY OWNER: Diamond Bar/Grand LLC 2717 W. Coast Highway Newport Beach, CA 92663 1 BACKGROUND/HISTORY: The property owner, Diamond Bar/Grand LLC, and the applicant, American Stores, Inc. is requesting approval of Planned Sign Program No. 98-2 (pursuant to Sign Ordinance No. 5A (1991), Section 110. The purpose of this request is to establish a Planned Signed Program for an existing commercial center. There are no signs proposed to be installed under this application. The project is within the General Commercial (C) Land Use Designation (maximum floor area ratio of 0.25 to 1.25) and is within the Unlimited Commercial -Billboard Exclusion (C -3 -BE) zoning district. The project site is located at 1235 S. Diamond Bar Boulevard at the southwest corner of Diamond Bar Boulevard and Grand within the - Towne Center Village (commonly referred to as the Lucky's Center). The surrounding zones and land uses include: a commercial center within the C-3 zone to the north, the Post Office to the south, a commercial center within the C-3 zone to the east and residential development within the Residential Planned Development (RPD 8,000) zone to the west. APPLICATION ANALYSIS: The purpose and intent of the City's Sign Ordinance is to encourage the use of modest signs which are harmonious with existing signs, to assure the appropriate level of review and compatibility with the architectural style, design, materials and colors of buildings attached or adjacent to the signs. Additionally, pursuant to the City's Sign Ordinance (Sections 108.A.1 and 110.D), no permit shall be issued for a wall sign in a multi -use building or commercial center in which more than one sign is proposed without. the Planning Commission's review and approval through the Planned Sign Program process. Current and Proposed Sign Regulation On June 16, 1998, the City Council approved the first reading of the Ordinance adopting the Development Code. This new Code, which contains codified sign regulations which are based on the current sign ordinance will be in effect on August 21, 1998. In accordance with Section 22.36.060 of the proposed Development Code, the purpose of a Comprehensive Sign Program is to "integrate a project's signs with the design of the structures to achieve a 2 unified architectural statement. A Comprehensive Sign Program provides a means for the flexible application of sign regulations for multi -tenant projects and other users of multiple signs in order to encourage creativity and provide incentive and latitude in the provision of multiple signs in order to encourage creativity and provide incentive and latitude in the provision of multiple signs and to achieve, not circumvent, the intent of this Chapter." The current application was submitted and deemed complete for processing prior to the adoption of the new Development Code and is therefore subject to the provisions of the existing Sign Ordinance. However, because all projects must be consistent with the General Plan and _ the new Development Code is one of its primary implementing documents, the current application was reviewed for consistency with the new Code. Planned Sign Program Generally, all the wall signs have been installed in this center and a style and "program" has been informally established. Essentially, the proposed Sign Program formalizes and standardizes what already exists in the center. Further, the program will ensure that all signage is brought into conformance with the established criteria with the statement "...any installed nonconforming or unapproved signs must be brought into conformance at the expense of the Tenant unless otherwise approved in writing by the Landlord." All the wall signs on the in-line units of the center are generally white, individual channel letters. The exceptions are the Lucky store, which is constructed of red, channel .letters and PFF Bank and Trust; which features blue and white channel letters. The letter styles vary although they are generally block letters. There are also a few instances where other colors are utilized on the center's signage although it is generally limited to the logos and graphics and not the sign lettering itself. The proposed sign program does not address requirements for freestanding monuments signs, therefore any future changes in the monument signs on the site will be subject to the provisions contained within the City's Development Code. 3 The following compare the standards contained within the current Sign Ordinance, the proposed Development Code and the proposed Planned Sign Program. Current Sin Ordinance Proposed Sin Standards Project Sign Standards Wall Signs Wall Signs Wall Signs One outer wall; 1 per tenant Width of the tenant's graphics per shall not exceed 75% of the 1.25 sq. ft. of sign area per 1 1.25 sq. ft. of sign area per width of the store or shop. Sign lineal foot of frontage, to, to a lineal foot of building front for shall center on the store unless maximum 125 square feet per ground floor uses, 1.0 square ft prior approvals are obtained from letter street level uses plus 1 sq. ft. per lineal foot of business the Landlord. Maximum per 1 lineal foot of frontage per frontage for uses on second height shall not exceed 18 establishment up to a maximum floors. 30 sq. ft. min. and 125 inches. of 125 sq. ft. for uses not sq. ft maximum per use. located at street level which are visible from the street, courtyard, or public -parking area and which are individually accessible directly from the outside, such as along a common balcony or walkway. Max. !1: 1 per use per outer wall Single Use Buildings Single Use Buildings Maier Tenants this Exhibit, For single use buildings with 200 The provisions of not be applicable to the feet or more of frontage, a Same as current Code shall identification signs of other Planned Sign Program may be occupancies designated by the approved which exceeds the Landlord as a "Major Tenant" maximum aggregate sign area up that may be located in the to a limit of 200 ft. provided. shopping center, it being that: understood and agreed that these 1. No single wall sign so occupants may have their usual their approved exceeds 125 sq. ft., identification signs on and no freestanding sign exceeds buildings, as the same exist The total allowable signage 24 sq. ft., except as stated by .... will not exceed 200 sq. ft. One the provisions of this Ordinance. additional wall sign will be two signs on the allowed for a sub -lease tenant 2. Any placed subject to Landlord's approval not same frontage which taken to exceed 24 sq. ft. together exceed 125 sq. ft., shall be separated by no less than one-half the length of the building frontage. No planned sign program shall be approved which allows any combination of signs which exceed an overall maximum of 125 sq. ft. per use, except as stated by the provisions of this ordinance. The proposed Planned Sign Program meets the City's requirements except for their provisions for major tenants. The Planned Signed Program proposes that "The total allowable signage will not exceed 200 sq. ft. One additional wall sign will be allowed for a sub -lease 4 tenant subject to Landlord's approval shall not exceed 24 sq. ft." The program also doesn't specifically address the area for wall signs. Therefore it is recommended that the Planned Sign Program be revised as follows: A. General Requirements 3. Maximum sign face area permitted shall not exceed 1.25 square feet per 1 lineal foot of unit frontage, to a maximum 125 square feet per use; or 75% of the lineal leased frontage, whichever is most restrictive. 4. Tenants with two (2) frontages facing on either a public right-of-way or parking area shall be allowed two (2) signs (one on each frontage); the maximum sign face area permitted shall not exceed 1.25 square feet per 1 lineal foot of unit frontage, per side, to a maximum 125 square feet per use; or maximum sign width per side shall not exceed 75% of the lineal leased frontage, whichever is most restrictive. C. Major Tenants 1. For single use buildings with 200' or more of frontage, signage may be approved which exceed the maximum aggregate sign area up to a limit of 200 sq. ft. provided that: a. No single wall sign so approved exceeds 125 sq. ft. b. Any two signs placed on the same frontage which together exceed 125 sq. ft. shall be separated by no less than half the length of the building frontage. 5 ENVIRONMENTAL ASSESSMENT: The environmental evaluation demonstrates that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15311 (a). NOTIFICATION OF PUBLIC HEARING: A Planned Sign Program reviewed by the Planning Commission does not require a public hearing. RECOMMENDATION: Staff recommends that the Planning Commission approve Planned Sign Program No. 98-2. Findings of Fact and Condition of approval as listed within the attached resolution. REQUIRED FINDINGS: 1. The proposed signs will be legible to the intended audience under normal viewing conditions, based on the proposed locations and design of the visual elements. 2. The proposed signs will not obscure from view or detract from existing signs, based on the location shape, color and other similar considerations. r 3. The proposed signs will be in harmony with adjacent properties and surroundings, based on the size, shape, height, color, placement, and the proximity of such proposed signs to adjacent properties and surroundings. 4. The proposed signs are not designed to have the advertising thereon maintained primarily to be viewed from a freeway, unless specifically provided for under the terms of this sign Ordinance. PREPARED BY: Catherine Johnson, Senior Planner n ATTACHMENTS: 1. Draft Resolution; 2. Exhibit "A" - Towne Centre Village - Sign Criteria 3. Application 7 nr�.�»►.1'D HIR CITY OF DIAMOND BAR Case# _Es r- %�-.� CO _TY DEVELOPMENT DEPARTMENT: FPL # — a_ 21660 E. Copley Drive Suite 190 Deposit `� o c� (909)396-5676 Fax (909)861-3117 Receipt# PLANNED SIGN PROGRAM APPLICATION By Date Rec'd Record Owner / Nam.)� (Last na a fl o es)i(jUr, Addres:19-1L% �% ,,J I"Itk, \/ CityN )r t �t-a zip 9a 3 Applicant American Stores Inc. (Last name first) 6565 Knott Avenue _Buena Park 90620-1158 Phon efi7�'q �n y 1,.CiO� `�- Phone(vi) 739-6713 Applicant's Agent IstOUT , �s= Q is (Last name first) t N. AAA P1 Phone()-ti<1- 7g�-28-gj 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 certify that I am the o/ 'nner of the herein described property and permit the applicant to file this request.bran LL—C, i Signedj Date �T (All record owners Certification: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name �C N tJ� S Su�T CO (APPlicant Age rt Signed/ Date r\ (Applicant or Agent) G ;-r Location I o C (Street address Jr tract and number) N Zoning List number, size and type of sign(s) requested. (Example: 2 - 8' x 9' Freestanding, double faced signs - 6 ft. high 1 - 3' x 24' Wall sign) PLANNING COMMISSION RESOLUTION RESOLUTION NO. 98 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING SIGN PROGRAM NO. 98-2, AND CATEGORICAL EXEMPTION SECTION 15311(a), A REQUEST TO ESTABLISH A SIGN PROGRAM WITHIN THE TOWNE CENTRE VILLAGE LOCATED AT 1235 S. DIAMOND BAR BOULEVARD IN THE CITY OF DIAMOND BAR. A. Recitals ]L. The applicant, American Stores, Inc and the applicant=s agent, Dennis Stout have filed an application for Planned Sign Program 98-2 for an existing commercial center located a 1235 S. Diamond Bar Boulevard within the Towne Centre Village. Hereinafter in this Resolution, the subject Planned Sign Program is referred to as the "Application". 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), 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 contains 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. 3. Action was taken on the subject application as to its consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar, on June 23, 1998 conducted a duly noticed public hearing on the Application. 5. Pursuant to Sign Ordinance No. 5A (1991) a Planned Sign Program does not require a public hearing or notification of property owners surrounding the project site. 1 a Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guideline promulgated thereunder, pursuant to Section 15311 (a) of Article 19 of Chapter 3 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 substantial_ evidence, this Planning Commission hereby rebuts the presumption of adverse effect contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to an existing shopping center; developed with approximately identified as Towne Centre Village. (b) The project site has a General Commercial '(C) General Plan Land Use designation and is within the Unlimited Commercial -Billboard. Exclusion (C -3 -BE) zoning district. (c) Generally, the following zones and uses surround the subject site: a commercial center within the C- 3 zone to the north, the Post Office to the south, a commercial center within the C-3 zone to the east and residential development within the Residential Planned Development (RPD 8,000) to the west. 2 (d) The proposed project is a request to establish a sign program For the existing center and to eventually bring all existing signage into conformance with the adopted Planned Sign Program. (e) The proposed signs are not in substantial conflict with the adopted General Plan. The General Plan requires that a sign concept address the following: scale in relationship the building, landscaping and readability. It also dictates that the concept ensure integration into the overall site and architectural theme of the site's development. The proposed sign progiam regulations will provide for the establishment of signs with a scale and placement which allows for readability from within the project site and for traffic traveling along Grand Avenue and Diamond Bar Boulevard. The standards for the design of the wall signs will allow the establishment of signage which is compatible with signs within the surrounding commercial areas. Additionally, the Planned Sign Program's implementation result in the eventual conformance of all signage within the Center. (f) The standards established by the proposed Sign Program will allow signs which will be legible to the intended audience under normal viewing conditions, based on their proposed locations and design of the signs visual elements. The standards will require the placement of _signs,: which provides for clear identification of each business from within the Center's parking lot and when traveling north and south on Diamond Bar Boulevard and east and west on Grand Avenue. ' (g) Signs -proposed under the Planned Sign Program will not obscure from view or detract from existing signs based on their location, shape, color and other similar considerations. Generally, the design and pattern of the wall signs in this center has been established and the standards contained within the proposed Planned Sign Program will require the new wall signs to be 3 compatible with the existing signage. The proposed wall signs will not obscure the view or detract from existing signs because they comply with the design standards within the City's Sign Ordinance and are compatible with the style, color and signs within the commercial sites surrounding the project site. (h) The proposed signs will be in harmony with adjacent properties and surroundings based on the size, shape, height, color, placement, and the proximity of such proposed signs to adjacent properties and surroundings. The wall signs - proposed by the Planned _Sign Programs will be harmonious with the eclectic collection of sign styles in commercial centers within this area and the City as a whole. (i) The proposed signs will be designed, constructed and located so as to no constitute a hazard to the public. All signage allowed by the Planned Sign Program is subject to City review and permits. The Building and Safety Division's plan check review, permit and inspections will ensure that the proposed signs will not be a public hazards. (j) The proposed signs are not designed to have the advertising thereon, maintained primarily to be viewed from a freeway, unless specifically provided for under the terms of this Sign Ordinance. The proposed wall signs, although within a shopping center will be viewed primarily from Grand Avenue and Diamond Bar Boulevard. 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: (a) The project shall substantially conform to sign criteria collectively labeled colors board collectively labeled as Exhibit "A" dated June 23, 1998 as submitted to and approved by the Planning Commission. 4 (b) The subject site shall be maintained in a condition which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The following shall be added to Planned Sign Program 98-2's written criteria on page A. General Requirements 3. The maximum sign face area permitted shall not 1.25 square feet per 1 lineal foot of unit frontage, to a maximum 125 square feet per use; or a maximum width not to exceed 75% of the lineal leased frontage, whichever is most restrictive. 4. Tenants with two frontages facing on either a public right-of-way or parking area shall be allowed two (2) signs (one on each frontage); the maximum sign face,. area permitted shall not exceed 1.25 square feet per lineal foot of building frontage, per side, to a maximum 125 square feet per use; or maximum sign width per side shall not exceed 75% of the lineal leased frontage, whichever is most restrictive. C. Maior Tenants 1. For single use buildings with 200' or more of frontage, signage may be approved which exceed the maximum aggregate sign E area up to a limit of 200 sq. ft. provided that: a. No single wall sign so approved exceeds 125 sq. ft. b. Any two sign placed on the same frontage which together exceed 125 sq. ft. shall be separated by no less than half the length of the building frontage. (d) Lessees within the Town Centre Village shall be made aware of the Planned Sign Program in their lease and advised of their responsibility to follow the approved Planned Sign Program. (e) The Applicant shall comply with Planning and Zoning, Building and Safety, and Public works Divisions' requirements. (f) This grant is valid for one (1) year and shall be exercised (i.e. construction) within that period or this grant shall expire. A one (1) year extension may be requested in writing and submitted to the City 30 days prior to this grant's expiration date. (g) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Develop- ment Services Department, their affidavit stating that they are aware of and agree to accept all the,. conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (h) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game code requirements. Furthermore, if thiL project is not exempt from a filing fee imposed because the project has more than a de minimis impact on fish and wildlife, the applicant shall 6 also pay to the Department of Fish and Game any such fees and any fines which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit certified copies of this Resolution, by certified mail to Diamond Bar/Grand LLC 2717 W. Coast Hwy, Newport Beach, CA 92663 and Dennis Stout, 871 N. Maplewood St. Orange, CA 92867. APPROVED AND ADOPTED THIS THE 23RD DAY OF JUNE 1998 BY THE Planning Commission OF THE CITY OF-DIAMONDBAR. Joe McManus, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 23rd day of June 1998, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 7 1� TOWNE CENTRE VILLAGE SIGN CRITERIA EXHIBIT "A" These criteria have been established for the purposes of assuring an outstanding shopping center and for the mutual benefit of all tenants. Conformance will be strictly enforced and any installed nonconforming or unapproved signs must be brought into conformance at the expense of the Tenant unless otherwise approved in writing by Landlord. A. General Requirements 1. Prior to applying for sign permit, each tenant shall submit or cause to be submitted to the Landlord for approval before fabrication, at least four copies of detailed drawings indicating the location, size, layout, design and color of the proposed signs, including all lettering and/or graphics. 2. All permits for signs and their installation shall be obtained by the tenant or his representative at the sole cost of the Tenant. 3. Tenant shall be responsible for the fulfillment of all requirements and specifications as designated on all 5 pages of this Exhibit 4. All signs shall be constructed and installed at tenant's expense. I 5. All signs shall be reviewed by the Landlord for conformance with this criteria and overall design quality. Approval or disapproval of sign submittals based on esthetics of design shall remain the sole right of the Landlord. B. General Specifications 1: Tenant signs on the sign fascia where it occurs or on the canopy returns of the end tenant spaces shall be of self -illuminated individual letters which are shaped by the configuration of the tenant sign copy and/or logo. - Exhibit ,Alf page 1 of 7 pages - Illuminated background sign cabinets will not be permitted. Any other sign types must be approved by the Landlord. 2. No projections above or below the sign panel will be permitted. Sign must be within dimensioned limits as indicated on the attached drawings. 3. Sign shall consist of metal channel letters with ivory plexi -glass face, internal neon tube illumination, and gold trim caps. 4. The width of the tenant's graphics on the sign fascia shall not exceed 75% of the width of the store or shop. Sign shall center on the store unless prior approvals are obtained from the Landlord. Maximum letter height shall not exceed 18 inches. 5. Signing may be applied to the inside glass storefront of a leased space, but - said signing may not project beyond the lease sign, and shall not exceed 75% of the glass storefront area. 6. Except as provided herein, no restrictions are placed on style or position of graphic except they shall be of good taste and design. Creative design is encouraged. 7. Tenants shall have identification signs designed in a manner compatible with and complementary to adjacent and facing storefronts and the overall design concept of the center. 8. Each tenant shall be permitted to place upon each entrance of it's demised premises, not more than 144 square inches of decal application lettering not to exceed two inches (2") in height, indicating hours of business, emergency telephone numbers, etc. 9. Except as provided herein, no advertising, placards, banners, pennants, names, insignia, trademarks, or other descriptive material shall be affixed or maintained upon the glass panes and supports of the show windows and doors or upon the exterior walls of buildings, without written permission. 10. Each tenant who has a non -customer door for receiving merchandise may have uniformly applied an said door in location, as directed by the Landlord, in 2" high block letters, the tenant's name and address. When more than one tenant uses the same door, each name and address shall be applied. Color of letters will be as selected by the Landlord and shall be consistent throughout the project. - Exhibit "A" page 2 of 7 pages - 11. Tenant may install on the storefront, if required by U.S. Post Office, the number only for the street address in exact location stipulated by the Landlord. Size, type and color of numbers shall be as stipulated by the Landlord and shall be consistent throughout the project. 12. Regarding shop # 113 of approximately 4,068 square feet at 1139 S. Grand Avenue, the westerly ten feet of the approximate 60' of sign facia is allocated to the adjacent westerly shop #114 of approximately 1,532 square feet and 20 feet of frontage because of that shop's cover location behind the clock tower.' C. Maior Tenants The provisions of this Exhibit, except as otherwise expressly provided in this Exhibit, shall not be applicable to the identification signs of other occupancies designated by the Landlord as a "Major Tenant" that may be located in the shopping center, it being understood and agreed that these occupants may have their usual identification signs on their buildings, as the same exist from time to time on similar building operated by them in California; provided, however, there shall be no rooftop signs which are flashing, moving or audible and provided said sign is architecturally compatible and has been approved by the Landlord. The total allowable signage will not exceed 200 Sq.Ft. One additional wall sign will be allowed for a sub -lease tenant subject to Landlords approval not to exceed 24 Sq.Ft. D. Construction Requirements Tenant shall be responsible for the installation and maintenance of all signs and the maintenance of sign illumination. All signs to be installed under the direction of the Landlord. Tenant shall be solely responsible for the operations and the fees of the Tenant's sign contractors. 4. Tenant's sign contractor shall repair any damage to property caused by his work. 5. All penetrations of the building structure required for sign installation shall be sealed in a watertight condition and shall be patched to match adjacent finish. - Exhibit ' Page 3 of 7 pages - 6. All fabrication and installation to be done by union labor. 7. Electrical conduit, junction boxes, etc., are to be concealed. 8. Letter fastening and clips are to be concealed and be of galvanized, stainless or aluminum metals. 9. No labels will be permitted on the exposed surface of signs, except those required by local ordinance which shall be placed in as inconspicuous location_ X Landlord's Initials Tenant's Initials - Exhibit""" page 4 of 7 pages - 6. All fabrication and installation to be done by union labor. 7. Electrical conduit, junction boxes, etc., are to be concealed 8. Letter fastening and clips are to be concealed and be of galvanized, stainless or aluminum metals. 9. No labels will be permitted on the exposed surface of signs, except those required by local ordinance which shall be placed in as inconspicuous location. - END - X Landlord's Initials Tenant's Initials - Exhibit"All page 4 of 7 pages - Ul �a n1 Ju '.= T d�uto Q Id 7 7= �U { - Exhibit TA'l page 5 of 7 pages - Ii -I to 04J t 44 11" Oc N 0 0 -4 -4 w1 � o"': 03 �440 N rro-I y .-. 0 00 1-f44j O � H W -,l 'd R Ow C 1 Sal O N 10 ?1 11 0 vrl 0 934 En n - Exhibit ,A"page 6 of 7 pages - 1, , I — z 0 LLI 0 Q TOWNE CENTER - Exhibit "A:": page 7 of 7 pages - 0 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM Date: June 4, 1998 To: Chairman and Planning Commissioners From: James DeStefano, Deputy City Man Subject: Development of Planning Commission G is The Planning Commission has indicated an interest in developing a set of Goals for implementation over the next 12 months. Staff has attached a copy of the recently adopted Goals of the City Council, Parks and Recreation Commission and Traffic Commission for your information. Staff would recommend that the Commission discuss its Goals for the next year and consider the following: 1. Implementation of the General Plan. r 2. Approval of a Wireless Telecommunication Ordinance. 3. Approval of Zoning Map changes. 4. Approval of a revised Housing Element. 5. Approval of local California Environmental Quality Act Guidelines. Recommendation: Staff recommends that the Planning Commission discuss and develop Goals for the 1998-1999 Fiscal Year Attachments: 1. City Council Goals for FY 1998-1999 2. Park and Recreation Commission Goals 3. Traffic and Transportation Goals jds .J rA �I CN CrIl0 a\ 00 N N Vl 00 t/7 I'D .16 cp 00 00 00 00 00 N � a O\ OO .--� — N .-+— M M .-. et — N N M 00 M O\ U1 t� 00cn .fir N V1 00 I'D V '+ .-, N N N M •- t� N -+ M L r- • -- N 00 O M ed O w c 0 � O •� y w ca O _� (3a O CA ON crci Cd a�toi . obo a c o a En o W owo > ej o0 :3 U o 0 p CA En ^� O o o04 o U cit C tJ ,0EnrAC .+ EiS w dIV N U Pk Cs as Q\ 00 01 o, r O N 00 so O I�r 00 Y7 [� 00 00 00 C� .N N .N-� N n O� N N N ON m Wn 00 O'k N N O� •— 01 00 .—� v1 .-- .— r. .-� N N M N O •--� r-+ ct N N N r+ N .W)-+ 00 o0 N N Nkn N 00 � N y U cd y •� U o w; wCn •� U cn U L ... U O •� � tom,, O � is •5 � � .y H bA � ti U Llr ❑O cd y N O it (fir O .moi c c4 0 0 rA a 1.4 Gn w 3 a o cm 0-4 I • l� 00 •-� Ol, O N .—. N N N N 00 a u o; City of Diamond Bar MEMORANDUM DATE: June 4, 1998 TO: Honorable Chairman and Members of the Co mission FROM: Bob Rose, Community Services Director OA/1 SUBJECT: Development of Parks & Recreation Commission Goals The following goals were discussed by the Parks & Recreation Commission at its May 28, 1998 meeting. Item #1 will be discussed further at the June 25, 1998 meeting. 1. Research the establishment of a 501-C-3 non-profit foundation, with monies being applied toward the implementation of the Parks Master Plan. 2. "Outreach" to the various constituencies in the community and ask what their needs/expections are. Actively work to maintain a positive working relationship with the community. r 3. Open Pantera Park; use this as our "Gem" to market the City's potential for meeting the needs of the community. y 0 � a ao 00 .• %n %n cn rn n tn �n a00 00 to v, �o It C- M tn M Vf 1--1 • i m V1 1 00 to � 00 �c m v) N O � 00 00 00 t-- v 0. 0 ..] N O O U '� W v U .. 0 w 3 �' a x v� U oG O�Z z� V in O° c� o V o a U o° Uv ° ;!11--a E Q c� 00 W U zO as W W AWO z�� aQ O Z Q o Q o as ° Ha QW •a c7 F- O O 4 �a rn rx rn rn� w � � Fa c� ww AA ° U w4tn y i } l r O h O r� 00' V'f V1 M %n O O N N 00 to N b C p O U t` a 00 00 v z v] O " U U �pa,`n � OW� .a p. Y 0O A O x 3Wv, � v3] a 1 a �co z p r3 o�oOG 0 O z O U p �" w Wd L� w ON c7 W F za w o 9 �d A ,ate C7 H U O. ap �� a pw Oma w� AH A WZ �o 'z� O� E w Ua G go uia y, Q� apw`" QOrn oM0 z [7 VC7 wa a I wU S rnA W Aw� Ww Gn AO r r o 00 M l h Ti Ci ,D U c� in r a FO O OW� � � U H2O 0 z Ho 00 O �0 D v� 3� wH U 20 101 z z 2rn >, oz. v�¢ u W >" aNZ V U M j qON HM < aza o o 2 oW a u°3 Roo oCLIW Z ar W a F+ °a° C42° r I H INTEROFFICE MEMORANDUM TO: Chairman and Planning Commissioners FROM: Ann J. Lungu, Associate Planner SUBJECT: Withdrawal of Tentative Parcel Map (TPM) No. 24646 DATE: June 11, 1998 The referenced project was presented to the Planning Commission on September 23, 1997. Since that time, the applicant has requested several continuances which the Commission granted. The last granted continuance was to June 23, 1998. Attached is a correspondence from the applicant withdrawing the referenced project. RECOMMENDATION: Staff recommends that the Planning Commission accept the applicant's request for a withdrawal of General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, Hillside Management Conditional Use Permit No. 96-14 and Oak Tree Permit No. 96-4. Attachments: 1. Correspondence date June 10, 1998. !9 19 LOREN11PPHI16' LIPS & Rssul Wes, Inc. VIA FACSnULE TRAWSKISSMON AM US MAIL June ILO, .2998 Ann -Jr rity:or blamond Bar 21660 jR. Copley Drive -suite 100, Diamlbnd Bar, CA 91765-1117 RE., Dia=Ond Bar country Estates. Acr. iation Tentative- Parcel Map No. 24646 SUW: WithdraWal of Application rhaar."'Ka. Wn Due to various -premA1hg Matters, inalud, election to 3-ag but not lixited to, Board of Direct&ov* construction of a r rs of the A280ciAtion an tic al facility, the L has has not - been able to devote the e:en kept very bUZY and tofrice necass ap'Plication for Tentative.1 Parcel Map No. time to the pending At this time the Ebaid bA8 authorized thi withdraw the &PPlicatiOn for Ten Tentative Pay�-'01 to respectful, Y XaP No. 24646. You very Imich for your 4COOPQratiol "tter. Please contact this 'Office if'.YQu I and Patience in tibLic questions and/or comments. have any further Youryvery tit A Jim Gardner, 08CE3l dbr-W. -LAND PLANNING • CIVIL ENGINEERING • CONDO IN UNIT. .';1.IRVEY1tiU 9.10 S E3RE4 CANYUTm AOADr(SV'(C 30) • DIAW)NO RAR. (-:A.yi IE55 • PHC, .LAND (WO)MC-9036 OFAX (9091) 306-.656 a ik AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: PROPERTY OWNERS/APPLICANT: BACKGROUND: City of Diamond Bar PLANNING C0NMUSSION Staff Report 8.1 June 11, 1998 June 23, 1998 variance No. 95-2-(1) and Development Review No. 96-1-(1) A two year extension of time in order to con- struct a Planning Commission approved project consisting of a series of retaining walls varying in height from six to eight feet; and an 8,334 square foot, two story, single family residence with a cellar, deck, pool/spa and four car garage. 1729 Derringer Lane Diamond Bar, CA 91765 Jeffrey and Eddy Hu 2945 Rio Lempa Drive Hacienda Heights, CA 91745 The property owners/applicants, Jeffrey and Eddy Hu, are requesting a two year extension of time for Variance No. 95-2 and Development Review No. 96-1. The property owners/applicants state that due to the financial crisis in Hong Kong, they have no choice other than to postpone construction of their project. 1 maximum height of 13 feet, within the rear portion of the project site. Due to the project site's steepness, the purpose of the retaining walls was to create a pad for the proposed residential structure and recreational area containing minimum lawn area and swimming pool/spa. However, the walls' height, required the processing of a Variance request. After addressing the Commission's concerns and considering staff's recommendation, the two, 13 foot high retaining walls were redesigned to four retaining (crib) walls with interjacent planters. The maximum height of three walls were eight feet and one wall was six feet. The referenced project also included the construction of an 8,334 square foot, two story, single family residence with a cellar and four car garage. On June 24, 1996, the Planning Commission approved Variance No. 95-2 for the construction of four retaining (crib) walls with the reduced height and Development Review No. 96- 1 for the construction of a single family residence and amenities as previously described. ANALYSIS - EXTENSION OF TIME: As previously mentioned, the Planning Commission approved the referenced project on June 24, 1996. Condition 5. (v) of Planning Commission Resolution No -96-8 states as follows: "This grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date". Therefore, this project's grant expires June 24, 1998. Pursuant to Code Section 22.56.400 and 22.72.160, a one year extension of time may be granted by the Planning Commission for both a Variance and Development Review if the extension of time request is submitted prior to the grant's expiration date. The applicant has requested an extension of time in a correspondence dated April 23, 1998 which is prior to the grant's expiration. However, the applicant's extension of time request is for two years due to a financial crisis in Asia has effected their business. The City understands the applicant's crisis, but the Code is specific as to the time frame of an extension. As previously mentioned, the Code allows the Commission to grant up to one year. The extension of time does not alter the project's approved development standard. The project will remain as previously approved. This project was processed utilizing the County of Los Angeles Planning and Zoning Code adopted by the City upon incorporation. In the City's Draft Development Code, a retaining wall, with a maximum height of six feet can be approved by staff. A retaining wall exceeding six feet and up to a maximum height of eight feet, requires a Minor Variance (public hearing not required) approved by the Director. A retaining wall, exceeding eight feet in height, 2 requires a Variance review by the Planning Commission. Additional- ly, the approved development for the single family residence will comply with the Draft Development Code. ENVIRONMENTAL ASSESSMENT: Pursuant to the guidelines of the California Environmental Quality Act (CEQA), Negative Declaration No. 95-5 was prepared and adopted by the Planning Commission, with the project's approval on June 24, 1996. The extension of time does not alter the project's original approval. Therefore, further environmental evaluation is not required. NOTICE OF PUBLIC BEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on June 1, 1998. Public hearing notices were mailed to approximately 30 property owners within a 500 foot radius of the project site on May 22, 1998. RECOMMENDATIONS: Staff recommends that the Planning Commission approve a one year extension of time for Variance No. 95-1 and Development Review No. 96-1, Findings of Fact and conditions of approval as listed within the attached resolution. Prepared by: Ann J. Lungu, Associate Planner Attachments: 1. Draft resolution for the extension 2. Planning Commission Resolution No 1996; 3. Exhibit "A" - site plan and floor and 4. Correspondence date April 23, 1998 requesting a two year extension of 3 of time; 96-8 approved June 24, plan dated June 24, 1996; from Jeffrey and Eddy Hu time. A. PLANNING COMMISSION RESOLUTION NO. 98 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING A ONE YEAR EXTENSION OF TIME FOR VARIANCE NO. 95-2 AND DEVELOPMENT REVIEW NO. 96-1. THE PROJECT SITE IS LOCATED AT 1729 DERRINGER LANE (LOT 6 OF TRACT NO 24046) DIAMOND BAR, CALIFORNIA. RECITALS. Off"' 4A4 4r--1 I4N 1. The property owners/applicant, Jeffrey and Eddy Hu have filed an application for a one year extension of time for Variance No. 95-2 and Development Review No. 96-1 located at 1729 Derringer Lane (Lot 6, Tract No. 24046), Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Extension of Time shall be referred to as the "Application". 2. 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. 3. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on June 23, 1998 conducted a duly noticed public hearing on the Application. 15. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on June 1, 1998. Thirty property owners within a 300 foot radius of the project site were notified by mail on May 22, 1998. 1 B. Resolution. it is found determined and resolved by t NOW, THEREFORE, Planning Commission of the City of Diamond Bar as follows. 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Pursuant to the guideline of the California Environmental Quality Act (CEQA), Negative Declaration No. 95-5 was prepared and adopted by the Planning Commission on June 24, 1996, along with the approval of Variance No. 95-1 and Development Review No. 96-1. The extension of time does not alter the project in any way. Therefore, pursuant to CEQA, Title 14, Article 11, Section No. 15162 of the California Code of Regulations further environmental review is not required. 3. The $lanning 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. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The one year extension of time relates to a project approved by the Planning Commission on June 24, 1996. That approval allowed the construction of four retaining (crib) walls with interjacent planters. The maximum height of three wall is eight feet and the maximum height of one wall is six feet. The approval also permitted the construct of an 8,334 square foot, two story single family residence with a four car garage and swimming pool/spa. (b) The project site has a General Plan Land Use designation of Rural Residential (RR). It is zoned Single Family Residential -Minimum Lot Size 40,000 Square Feet (R-1-40,000). (c) Generally, the following zones surround the project site: to the north and south is the R-1-40,000 Zone; and to the east is the Residential Planned Development -Minimum Lot Size 20,000 Square Feet -2 Units Per Acre (RPD -20,000-2U) Zone; and to the west is the R-1-20,000 Zone. 2 (d) The Application is a request for a one year extension of time (expiring June 23, 1999) in o to construct the Planning Commission approved project as described in above item (a). (e) The proposed extension of time and the approved residential structure with retaining walls and swimming pool is consistent with the General Plan. The General Plan land use designation for the project site is Rural Residential (RR -max. 1 du/acre). The project site is 1.23 acres with one dwelling unit. Therefore, it is consistent with the General Plan. Additionally, the extension of time does not alter the approved project in any way. (f) The proposed extension of time and approved residential development is consistent with the 'project site's zoning. The project site is zoned R-1-40,000 which permits the construction of residential development as described in above item (a). Additionally, this project was approved by the Planning Commission on June 24, 1996. The extension of time request does not alter the project approved development standards in any way. Therefore, the extension of time is consistent with the project site's zoning. DEVELOPMENT REVIEW (g) The design and layout of the proposed development is consistent with the applicable elements of the City's general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. The extension of time does not physically alter the previously approved project which is consistent with the adopted General Plan, the project site's zoning and Development Review Ordinance No. 5 (1990). This issue was addressed within the Planning Commission June 24, 1996. Therefore, the design and layout of the proposed development is consistent with the applicable elements of the City's general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. (h) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future 3 development and will not create traffic or �. pedestrian hazards. The extension of time does not physically alter the previously approved project. The project site is a vacant lot of a previously approved subdivision. At that time is was anticipated that a single family residence would be constructed on the project site. Additionally, it was determined with the Planning Commission's June 24, 1996 approval that the design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (i) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the City's general plan. The June 24, 1998 Planning Commission approval found the project to be consistent with Chapter 22.72 of Development Review Ordinance No. 5 (1990). Since the extension of time does not physically.alter the approved project, the project is still compatible with the character of the surrounding neighborhood and in compliance with Chapter 22.72 of Development Review Ordinance No. 5 (1990). (j) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. The Planning Commission approved architectural design, materials and colors will not be altered by the extension of time approval. Additionally, the architectural design, colors and materials are compatible with the existing homes with in the area. Materials utilized are long lasting and easy to maintain. Therefore, the proposed design of the propose project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (k) The proposed development will not be detrimental to public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 4 Before, the issuance of any City permits, they proposed project is required to comply with all conditions within the approved Planning Commission Resolution No. 96-8, conditions set forth withind this Resolution and the Building and Safety, Public Works and Engineering Divisions', and Fire Department requirements. Through plan check procedures, the issuance of building permits and inspections, the proposed project will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. VARIANCE (j) There are special circumstances or exceptional characteristics applicable to the property involved, such as size, shape, topography, location or surroundings, which are not generally applicable to other properties in the same vicinity and under identical zoning classification. The extension of time does not physically alter the approved project in any way. This issue was addressed and determined with the June 24, 1996 Planning Commission approval. However, because of the project site's steep sloping toward the rear with slope ratios varying from 2:1 and 1.5:1. Therefore due to the topography of the site, retaining walls are required to create the development pad. (k) The variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity and zone. The extension of time does not physically alter the approved project in any way. This issue was addressed and determined in the Planning Commission June 24, 1996 approval. However, the variance is necessary because of the site's topography as discussed in above item (j). Therefore, the variance is necessary for the preservation of a substantial property right of the applicant such as that possessed by owners of other property in the same vicinity and zone. (1) The granting of the variance will not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. This issued was addressed and determined in the Planning Commission June 24, 1996 approval. However, before the issuance of any City permits, 5 610" 1 soils and geotechnical reports are required for review and approval by the City along with plan; checks and inspections throughout the project's development stages. Therefore, the granting of the variance will not be materially detrimental to the public welfare or be injurious to other property or improvements in the same vicinity and zone. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan, floor plan, elevations, sections, roof plan, landscape/irrigation plan and colors/material board collectively labeled as Exhibit "A" dated June 23, 1998, as submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition which is free of debris both during and after the con- struction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) All conditions of approval listed within Resolution No. 96-8 shall remain in full force and effect unless amended as a part of this action. (d) This grant is valid for one year from June 23, 1998 to June 23, 1999 and shall be exercised (i.e. construction started) within that period or the grant shall expire. (q) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the,conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. 6 (r) If the Department of Fish and Game determines t1 Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall -11* s of this remit to the City, within five days grant's v""' :;:'a approval, a cashier's check of $25.00 for a -A documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Jeffrey and Eddy Hu, 2945 Rio Lempa Drive, Hacienda Heights, CA 91745. APPROVED AND ADOPTED THIS 23RD DAY OF JUNE, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, 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 23rd day of June, 1998, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary 7 Eh Gr . '98 fir R 24 �17 -37 City of Diamond Bar Planning Committee Attn: Mr. James DeStefano 21660 E. Copley Drive, Suite 100, Diamond Bar, Ca 91765-4177 Jeffrey and Eddy Hu 2945 S. Rio Lempa Drive Hacienda Hts., Ca 91745 April 23, 1998 Re: Application for extension on Resolution No. 96-8 V -4t? 4s _ X located on 1729 Derringer Lane, Diamond Bar, (Lot 6, Tract 24046) Dear Mr. DeStefano, We are the owners of the above-mentioned property. It has always been our dream to live in a house that is designed and constructed based on our ideas and dreams. As a result, we purchased the vacant lot in the beautiful Country Estates in the City of Diamond Bar. With the help of our son and Mr. Frank Piermarini, we finally were able to put our dreams into design drawings in 1996. We also greatly appreciate your committee in approving the project on June 24, 1996 and the grant is valid for two years. However, as you are aware of, the global economic situation in the past two years have been at its low. The financial crisis in Asia last year had affected everybody in Asia. In particular, our business in Hong Kong has reached its record low which directly has imposed tremendous cashflow pressure onto us. Our original plan was to commence the construction of the captioned project this year. However, facing the reality, we have no choice other than to postpone our tentative construction commencement. We could not predict how long the economic situation will take to fully recover. However, We hoping that we have another two-year period to financially prepare ourselves for the construction of the project. This house is our dream. We are not going to give it up. However, if we start construction before we are financial capability is solid enough, we are scared that we would be forced to give it up during the construction. We do not want to take the chance because this house means significantly to the whole family. We sincerely hope that your committee could consider to extend the grant for another two-year period. We do not know how we could express clearly to you how much it means to us for you to grant our request. We would deeply appreciate if you could help us in making our dream home come true. Please be advised that we are spending a great deal of time in Hong Kong now. For local mail correspondence, please note the following: 2945 S. Rio Lempa Dirve Hacienda Heights, Ca 91745 (626) 330-1241 However, we would appreciate if you could copy all your mail correspondence to Hong Kong via fax. Our fax number in Hong Kong is +852-2736-6617. Thank you very much. Very truly yours, Jeffery Hu and Eddy Hu PLANNING COMMISSION RESOLUTION NO. 96-8 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING VARIANCE NO. 95- 2, DEVELOPMENT REVIEW NO. 96-1 AND NEGATIVE DECLARATION NO. 95-5, A REQUEST TO CONSTRUCT FOUR RETAINING (CRIB) WALLS - THREE WITH A MAXIMUM HEIGHT OF EIGHT FEET AND ONE WITH A MAXIMUM HEIGHT OF SIX FEET - WITH INTERJACENT PLANTERS AND AN 8,334 SQUARE FOOT TWO STORY SINGLE FAMILY RESIDENTIAL STRUCTURE LOCATED AT 1729 DERRINGER LANE (LOT 6, TRACT 24046), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owners, Jeffrey and Eddy Hu and applicant, Frank Piermarini, have filed an application for Variance No. 95-2 and Development Review -No. 96-1 located at 1729 Derringer Lane, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Variance and Development Review shall be referred to as the "Application". 2. 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. 3. Action was taken on the subject application as to the consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on June 24, 1996 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on May 31, 1996. Twenty-seven property owners within a 500 foot radius of the project site were notified by mail on May 29, 1996. 1 (e) The proposed Development Review is+a'request to construct an 8,334 square foot, two story, single family residence with a cellar, deck, swimming pool/spa and four car garage. (f) Because of special circumstances or exceptional characteristics (i.e. steep sloping toward the rear with slope ratios varying from 2:1-50% to 1.5:1- 67%) applicable to the property, the strict application of the code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification. (g) The Variance authorized will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the property is situated: (h) ,The strict application of zoning regulations as they apply to the property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations and standards. (i) The Variance authorized will not be materially detrimental to the public health, safety, or general welfare, or to the use, enjoyment or valuation of property of other persons located in the vicinity. (j) The design and layout of the proposed development is consistent with the applicable elements of the City's general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. (k) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. (1) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the City's general plan; . (m) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; (f) The applicant shall submit the required grading and drainage plans and geotechnical reports for review and approval by the City Engineer before the issuance of any City permits. The geotechnical report prepared shall state that the project site is not subjected to landsliding, slope creep, slope instability or subsidence which will significantly affect or preclude the construction of the planned development, as required by the City Engineer. The proposed construction of the planned development shall not create a condition of geologic instability that will adversely affect adjacent properties during construction.and the life of the development. (g) Newly constructed slopes shall not have a ratio greater than 2:1. (h) The crib walls' design is subject to the review and • approval of the City Engineer. (i) For expedience of entry from the street, the proposed driveway entry gates shall have electric remote control operators. (j) The sanitary sewer mainline's depth is not adequate to serve the residential structure's lower level. Therefore, an on-site ejector system shall be installed to lift the domestic sewage to the mainline's existing elevation. Additionally, sewage back flow prevention devices shall be installed. (k) Utility extensions shall be constructed underground. (1) The grading plan shall delineate the nearest fire hydrant's location. (m) The residential structure's footing setback from the descending slope's surface shall meet U.B.C. section 2907 and Figure No. 29-1. Differential settlement due to varied fill thickness beneath the proposed structure shall be considered in the final selection and design of the building foundation which may include deepened footings or caissons established in the underlying bedrock, as required by the City Engineer. (n) Maid's quarters shall not be used as a second residence. (o) The applicant shall obtain Fire Department approval. (p) The single family structure shall meet the 1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (q) This project shall conform to a minimum design wind 5 on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to Jeffrey and Eddy Hu, 933 Leyland Drive, Diamond Bar, CA 91765 and Frank Piermarini, 2100 South Reservoir, Pomona, CA 91766. APPROV AND ADOPTED THIS 24TH DAY OF JUNE, 1996, BY THE PLAN N COMMISSI OF/THE CITY OF DIAMOND BAR. BY �f/L-_ Mike Goldenber4, 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 24th day of June, 1996, by the following vote: AYES: Ruzicka, Fong, McManus, Schad NOES: Goldenberg ABSENT: None ABSTAIN: None ATTEST: 144 James DeStef o, Secretary V/ - �- - L� �N n mi a 3N dl H3�JNIWU3q a o Cl) li °' \ n z � 7�- \ ` � o Ca L.j 1\ �LNIHVWNId ----------------- IFT- -L2 .sw�ro. I [?IVWb�1� _�4-1 atq rTP y� A � �� \\\. . `� ` � �• � q-) "o, \ I G j% J�/ |� �.� • £ w 2 ■ � 12NI A I r i ,•,.,.,,„„��„ INI�IVWBdid � s ,�._-. 6 ^' .,';.z"'=moi. �•.-.6-..-I "w ,+sem � I .T I r- S � - ii 3 'o- ` r � .I � J� 5 L_. 3 l` Imo - l a3�JN1aa3O i 3NV-1 E � i E � AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: PROPERTY OWNERS: APPLICANT: BACKGROUND: City of Diamond Bar PLANMNG COM MSSION Staff Report 8.2 June 9, 1998 June 23, 1998 Development Review No. 98-7 To convert a 1,003 square foot vacant retail unit to a cafe/deli. 1241 Diamond Bar Blvd. Diamond Bar, CA 91765 Diamond Bar/Grand, LLC, 2717 W. Coast Hwy. Newport Beach, CA 92663 Mian Ho Chang 17521 Colima Road City of Industry, CA 91748 The property owner, Diamond Bar/Grand, LLC and applicant, Mian Ho Chang are requesting approval of Development Review No. 98-7 (pursuant to Code Section 22.72.020.A.j. The request will convert a vacant retail unit of an existing shopping center into a cafe/deli. Additionally, interior remodel-ing will occur. The project site is located at 1241 Diamond Bar Boulevard (Unit E) within a shopping center identified as Towne Center Village. The shopping center was reviewed and approved by Los Angeles County Regional Planning and finaled August 1989. The shopping center is approximately 6.5 acres. Approximately 72,863 square feet is devoted to structure. The uses within the center include Lucky's Supermarket, restaurants, medical, general retail and service oriented business. The project site has a General Plan Land Use 1 site: to the north, south and east is the C -3 -BE Zone; and to the west is the Residential Planned Development -Minimum Lot Size 8,000 Square Feet -9 Units Per Acre (RPD -8,000-9U) Zone. ANALYSIS: In 1990, the City established Development Review Ordinance No.5. Its purpose is to: support the General Plan's implementation; stress quality community design standards; encourage an orderly and harmonious appearance of structures and property; assist development to be more cognizant with public concerns of aesthetics; reasonably ensure that new development does not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties or the City in general and preserve significant topographic features. Pursuant to the Development Review Ordinance's Section 22.72.020.A., an application for Development Review 'is required for: any and all commercial, industrial and institutional development which involves the issuance of a building permit construction or reconstruction of a structure; and projects involving an intensification of land use, such as nproject,exisng retail unit to a restaurant. Therefore, the proposed commercial development involving the issuance of a building permit and an intensification of land use requires Development Review by the Planning Commission. The applicant proposes to convert an existing vacant retail unit to a cafe/deli. Coffee, juice, soft drinks, sandwiches and desserts will be served. Proposed days and hours of operation are Sunday through Saturday, from 9:00 a.m. to 10:00 p.m. Two shifts a day with four to five employees at each shift are anticipated. The interior remodeling (which does not increase the building foot print) of the existing unit, as shown in Exhibit "A", includes the installation of a kitchen with food preparation ionresareaoms, cashier , walk-in cooler/freezer, storage area, service area, area and dining room. Alterations to the unit's exterior are not proposed. Pursuant to the Code, structures utilized for dining shall provide the number of parking spaces based on occupancy, as calculated by the Building Official. Fur; the Los Angeles County Furthermore-, Planning and Zoning Code requires that one parking space be provided for every three occupants. The Building Official's calculations indicate a maximum occupancy of 60. Therefore, 20 parking spaces are required. With the current are uses r and vacancies (calculated as retail), 278 parking spaces The shopping center's parking area provides 297 parking spaces. Con- sidering the uses and their peak times of operation, the parking provided, including the proposed cafe/deli, is adequate. 2 The overall appearance of Towne Center Village is some landscaped areas need revitalization (i.e. replacement ofeverdead or missing shrubs and ground cover). This includes landscaped areas at the perimeter of the shopping center, adjacent to the sidewalk and landscaped areas within the shopping center's parking lot. It is recommended that a condition of approval require the property owner to revitalize the landscaped areas with plant materials that match the existing. Supply deliveries will take place twice during the week. The City requires that these deliveries occur during the restaurant's and the Center's non -peak hours. Signage is not a part of this request. At a later date, the applicant is required to submit a sign request to the City for review and approval. The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15303 (c). NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on June 10, 1998. Public hearing notices were mailed to approximate) 132 prer within a 300 foot radius of the project site on Juneo2, 1998wners RECOMMENDATIONS: Staff :recommends that the Planning Commission approve Development Review No. 98-7, Findings of Fact and conditions of approval as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed project is consistent with the applicable elements of the City's general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized- area, such as designated historic districts, theme area, specific plans, community plans, boulevards, or planned developments; 2• Approval of the design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of 3 neighboring existing or future development, and will not create traffic or pedestrian hazards; 3. The architectural design of the proposed project is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review ordinance No. 5 (1990) and the City's General Plan; 4. The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; and 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Prepared by: Ann J. Lungu, Associate Planner Attachments: 1. Draft resolution; 2. Exhibit "A" - site plan and floor plan dated June 23, 1998; 3. Application; and 4. Correspondence date June 5, 1998 from Winton A. Scott. 4 PLANNING COMMISSION RESOLUTION NO. 98 -XX *4 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 98-7 AND CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303(c), A REQUEST TO CONVERT A 1,003 SQUARE FOOT, VACANT RETAIL UNIT, WITHIN AN EXISTING SHOPPING CENTER, INTO A CAFE/DELI. THE PROJECT SITE IS LOCATED AT 1241 DIAMOND BAR BOULEVARD, UNIT Eo DIAMOND BAR, CALIFORNIA. A. REC__ ITLE. 1. The property owner, Diamond Bar/Grand, LLC and applicant, Mian Ho Chang have filed an application for Development Review No. 98-7 located at 1241 Diamond Bar Blvd., Unit E, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application". 2. 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. 3. Action was taken on the subject application as to the consistency with the General -Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on June 23, 1998 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valle Tribune and eland Valley Da' Bulletin newspapers on June 10, 1998. One hundred and thirty-two property owners within a 300 foot radius of the project site were notified by mail on June 2, 1998. 1 B. R68O1uti0A. NOW, THEREFORE, it is found, determined and resolved bylo%e•._ �P r Planning Commission of the City of Diamond Bar as fellows. 4 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant to Section 15303 (c) Article 19 of Division 13 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. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a 6.5 acre site developed with a retail shopping center with approximately 72,863 square feet devoted to structure. The center is identified as Towne Center Village located at 1241 Diamond Bar Boulevard. (b) The project site has a General Plan Landltsis zoned designation of General Commercial (C). Unlimited Commercial -Billboard Exclusion (C -3 -BE). (c) Generally, the following zones surround the project site: to the north, south and east is the C -3 -BE Zone; and to the west is the Residential Planned Development -Minimum Lot Size 8,000 Square Feet -9 Units Per Acre (RPD -8,000-9U) Zone. (d) The proposed Development Review is a request to convert a 1,003 square foot, vacant retail unit (without adding square footage to the building's footprint) of an existing shopping center into a cafe/deli. Additionally, interior remodeling will occur. (e) The design and layout of the proposed development is consistent with the applicable elements of the 2 City's general plan, designguidelines of �he appropriate district, andanyadoptedarchitectural criteria for specialized area, such as designated, historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. The proposed project does not alter the shopping center's existing architectural style or expand the building's square footage. The proposed cafe/deli will be within an existing vacant retail unit. The design and layout of the proposed cafe/deli is consistent with the General Plan in that it will enhance the existing shopping center and add variety to the existing uses and bring more business to the center. Additionally, the property owner will be required to revitalize the existing landscaping by replacing missing or dead plant materials. Furthermore,,pursuant to the General Plan, the proposed cafe/deli is a permitted use within the General Commercial land use designation and a revenue generating use that will aid in minimizing sale tax leakage out of Diamond Bar. (f) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. Towne Center Village was reviewed and approved by Los Angeles County Regional Planning and finaled in August 1989 within the County's required process. That process set forth the parking lots con- figuration/circulation and required that 297 parking spaces be provided. According to Code, structures utilized for dining shall provide the number of parking spaces based on occupancy, as calculated by the Building Official. Furthermore, the Los Angeles County Planning and Zoning Code requires that one parking space be provided for every three occupants. The Building Official's calculations indicate a maximum occupancy of 60. Therefore, 20 parking spaces are required. With the current uses, vacancies and proposed cafe/deli, 278 parking spaces are required. After considering the existing uses, proposed use, number of parking spaces provided and Peak hours of operations of each business within the center, the provided parking is adequate. As a result, parking spillage will not occur on to the surrounding streets. The site's circulation was reviewed by the Public Works Division and found to be adequate as it exists. The proposed cafe/deli is within the Unlimited Commercial -Billboard Exclusion (C -3 -BE) Zone which permits restaurant type uses by right. The proposed use will be occupying a vacant unit. Its addition will not alter the originally approved square footage of the shopping center. Therefore, The design and layout of the proposed 3 development will not use and enjoyment of development and will pedestrian hazards. unreasonably interfere neighboring existing or not create traffic or N wit e fut (g) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the City's general plan. The shopping center was originally processed and approved through Los Angeles County Regional Planning as referenced it Item (f). At that time, the architectural design for the subject site and adjacent shopping centers were set forth by the County. The proposed cafe/deli does not alter the shopping center's architectural design . Therefore, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the City's Development Review Ordinance and General Plan. (h) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. The originally approved exterior design, materials and colors of the shopping center will not be altered by the proposed cafe/deli. The shopping center is approximately nine years old. It is adequately maintained and is currently in good condition. In order to continue an acceptable level of maintenance, the property owner will be required to revitalize the existing landscaping by replacing missing or dead plant materials. Additionally, the cafe/deli will be an acceptable addition to the shopping center while adding variety to the existing uses. Therefore, the proposed design of the propose project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (i) The proposed development will not be detrimental to public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 4 Before, the issuance of any City permits, proposed project is required tocomplywith hall conditions within the approved resolution and the`' Building and Safety Division, Public Works Depart- ment, Health Department, Fire Department and National Pollutant Discharge Elimination System (NPDES) requirements. The referenced agencies' involvement will ensure that the proposed cafe/deli is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan and floor plan collectively labeled as Exhibit "A" .dated June 23, 1998, as submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition which is free of debris both during and after the con- struction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The days and hours of operation shall be Sunday through Saturday from 9:00 a.m. to 10:00 p.m. (d) Supply deliveries shall occur during the cafe/ deli and shopping center's non -peak hours of business. (e) Any conduit, wires, pipes, mechanical equipment etc. which may be installed shall be screened from public view and painted to match the existing building. (f) Before, final inspection/Certificate of Occupancy, the property owner shall revitalized the existing landscaped areas located at the shopping center's perimeter and within its parking lot by replacing missing or dead plant materials. Replacement planting materials shall match the existing landscaping. (g) Plans submitted for Building and Safety Divin plan check shall meet all A-3 occupancy <<'� requirements. (h) The cafe/deli shall comply with American Disabilities Act (ADA) requirements as approved by the Building Official. Plans shall delineate the following: (1) Handicap van parking; (2) Shortest accessible route to accessible entrance(s); (3) Restrooms' handicap accessibility; and (4) Handicap ramps. (i) The project shall obtain the Los Angeles County Health Department's approval. (j) •The project shall obtain the Los Angeles County Fire Department's approval. (k) The restaurant structure shall meet the 1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (1) Two restrooms, one for each sex, shall be provided. (m) The project shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements. (o) Signage is not a part of this approval. All sign requests shall be submitted to the City for review and approval. (p) This grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one year extension may be requested in writing and submitted to the City 30 days prior to the expiration date. (q) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (r) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a 6 documentary handling fee in connection with Game Code requirements. Furthermore, if this a project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pa to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Diamond Bar/Grand, LLC, 2717 W. Coast Hwy., Newport Beach, CA 92663 and Mian Ho Chang, 17521 Colima Road, City of Industry, CA 91748. APPROVED AND ADOPTED THIS 23RD DAY OF JUNE, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, James DeStefano, Planning Commission that the foregoing Resolution was duly by the Planning Commission of the City meeting of the Planning Commission held by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: Secretary, do hereby certify introduced, passed, and adopted of Diamond Bar, at a regular on the 23rd day of June, 1998, James DeStefano, Secretary CITY OF � �AMOND BAR COMMUNri DEVELOPMENT DEPARTMENT 21660 E. Copley Drive Suite 190 -- (909)396-5676 Fax (909)861-3117 DEVELOPMENT REVIEW APPLICATION Record Owner Nam.12 UC (Last name first) Addres*l%a_ JNll . city � zip---2"ILL Phone((t4 Applicant L _M1 a (Last name first) C-tn 61 Phonec6 —ft(`Z ` 2 . Case# I�R-9k-7 FPL # a''l a _3 Deposit 000 Receipt# 171 /l / By Date Rec'd Applicant's Agent �loY -rU (Last name first) I��T kvr 1 Pc.l= c,171 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 vcnturea, and d of corporations.) irutnrs Consent: certify that am th pwner of the herein described property and permit the applicant to fzle this request. Signed ' ,L— record owrien) Date /2– Z Certification: I, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name _r7� �� A (Applicant or Agen ) Signed (Applicant or Agent) Location [``2�-� D IkMoND r, (Street address or tract and lot number) Date Zoning B1; HNM 1 . Previous Cases Present Use of Site Use applied for _ e_0 ju tCF FT Pn-llvIc �-FY; Sfiitiv�� Itiri►-� Wil: .� ;�© rshi comprising the proposed lots)/pazcel(s)) Legal description (all owne Area devoted to structures 6-0 P- Landscaping/Open space Project Size �� 00 t� Lot Coverage Proposed densitynits/Acres (U ) Style of Architecture Number of Floors Proposed fiIST�� G,i Slope of Roofl,A'--TIfST�I Cut Import _ Export _ If yes, Quantity If yes, Quantit) fI� Winton A. Scott 13672 Tea House St. Santa Ana, Ca 92705-2822 5 June 1998 City of Diamond Bar Community and Development Services Departmenti'lanning Division 21660 Copley Dr., Ste 190 Diamond Bar, Ca 91765 C -C Subject: Development R .v;Pt.y�ygequest to change aretail unit located at 1241 Di Bar Blvd -,—D i-ani-ond Bar. Ca to a more intensified use- restaurant amond As aproperty owner located within 300 foot from the subject site I object to the requested change. I believe the operation of a restaurant, or cafe/deli will adversely afect the residences living above and near the subject site. The objectionable differences: The restaurants would close later than a. store. Additional evening tragic at a busy intersection. Parking lot conversations and activity from cars and people arriving and leaving. Noise level may increase if liquor, beer and wine service is approved. Disturbance from restaurant occur at time residents are entitled to enjoy their home, as they can now. There does not appear to be any compelli request is an attempt to ng need for a cafe/deli in that location. Tb-1increase the business value of that Iocation at the expense of the nearby residences. They « traffic, ill be affected by the trac, noise and reduction in their property values. If this change is approved, aprecedence is established and many other request can be expected by other owners to allow more intensive use of their property. As the saying " there goes the neighborhood", For the reasons given I ask the change requested be denied and the existing zoning be maintained. Minton A. Scott co Z - 1 J J3 O - AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: PROPERTY OWNERS: APPLICANT: BACKGROUND: City of Diamond Bar PLANTQNG COMNUSSION Staff Report 8.2 June 91 1998 June 23, 1998 Development Review No. 98-7 To convert a 1,003 square foot vacant retail unit to a cafe/deli. 1241 Diamond Bar Blvd. Diamond Bar, CA 91765 Diamond Bar/Grand, LLC, 2717 W. Coast Hwy. Newport Beach, CA 92663 Mian Ho Chang 17521 Colima Road City of Industry, CA 91748 The property owner, Diamond Bar/Grand, LLC and applicant, Mian Ho Chang are requesting approval of Development Review No. 98-7 (pursuant to Code Section 22.72.020.A.j. The request will convert a vacant retail unit of an existing shopping center into a cafe/deli. Additionally, interior remodel-ing will occur. The project site is located at 1241 Diamond Bar Boulevard (Unit E) within a shopping center identified as Towne Center Village. The shopping center was reviewed and approved by Los Angeles County Regional Planning and finaled August 1989. The shopping center is approximately 6.5 acres. Approximately 72,863 square feet is devoted to structure. The uses within the center include Lucky's Supermarket, restaurants, medical, general retail and service oriented business. The project site has a General Plan Land Use 1 site: to the north, south and east is the C -3 -BE Zone; and to the west is the Residential Planned Development -Minimum Lot Size 8,000 Square Feet -9 Units Per Acre (RPD -8,000-9U) Zone. ANALYSIS: In 1990, the City established Development Review Ordinance No.S. Its purpose is to: support the General Plan's implementation; stress quality community design standards; encourage an orderly and harmonious appearance of structures and property; assist development to be more cognizant with public concerns of aesthetics; reasonably ensure that new development does not have an adverse aesthetic, health, safety or architecturally related impact upon adjoining properties or the City in general and preserve significant topographic features. Pursuant to the Development Review Ordinance's Section 22.72.020.A., an application for Development Review 'is required for: any and all commercial, industrial and institutional development which involves the issuance of a building permit for construction or reconstruction of a structure; and projects involving an intensification of land use, such as an existing retail unit to a restaurant. Therefore, the proposed project, a commercial development involving the issuance of a building permit and an intensification of land use requires Development Review by the Planning Commission. The applicant proposes to convert an existing vacant retail unit to a cafe/deli. Coffee, juice, soft drinks, sandwiches and desserts will be served. Proposed days and hours of operation are Sunday through Saturday, from 9:00 a.m. to 10:00 P.M. Two shifts a day with four to five employees at each shift are anticipated. The interior remodeling (which does not increase the building foot print) of the existing unit, as shown in Exhibit "A", includes the installation of a kitchen with food preparation area, walk-in cooler/freezer, storage area, service area, two restrooms, cashier area and dining room. Alterations to the unit's exterior are not proposed. Pursuant to the Code, structures utilized for dining shall provide the number of parking spaces based on occupancy, as calculated by the Building Official. Furthermore, the Los Angeles County Planning and Zoning Code requires that one parking space be provided for every three occupants. The Building Official's calculations indicate a maximum occupancy of 60. Therefore, 20 parking spaces are required. With the current uses and vacancies (calculated as retail), 278 parking spaces are required. The shopping center's parking area provides 297 parking spaces. Con- sidering the uses and their peak times of operation, the parking provided, including the proposed cafe/deli, is adequate. PA The overall appearance of Towne Center Village is good. However, some landscaped areas need revitalization (i.e. replacement of dead or missing shrubs and ground cover). This includes landscaped areas at the perimeter of the shopping center, adjacent to the sidewalk and landscaped areas within the shopping center's parking lot. It is recommended that a condition of approval require the property owner to revitalize the landscaped areas with plant materials that match the existing. Supply deliveries will take place twice during the week. The City requires that these deliveries occur during the restaurant's and the Center's non -peak hours. Signage is not a part of this request. At a later date, the applicant is required to submit a sign request to the City for review and approval. The City's Public Works Department and Building and Safety Division reviewed this project. Their recommendations are within the attached draft resolution. ENVIRONMENTAL ASSESSMENT: The environmental evaluation shows that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15303 (c). NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley and the San Gabriel VBulletin allev Tribune on Ju hearing notices were mailed to approxne 10, 1998. Public imately 132 property owners within a 300 foot radius of the project site on June 2, 1998. RECOMMENDATIONS: Staff recommends that the Planning Commission approve Development Review No. 98-7, Findings of Fact and conditions of approval as listed within the attached resolution. REQUIRED DEVELOPMENT REVIEW FINDINGS: 1. The design and layout of the proposed project is consistent with the applicable elements of the City's general plan, design guidelines of the appropriate district, and any adopted architectural criteria for specialized area, such as designated historic districts, theme area, specific plans, community plans, boulevards, or planned developments; 2. Approval of the design and layout of the proposed project will not unreasonably interfere with the use and enjoyment of 3 3. 4. neighboring existing or future development, and will not create traffic or pedestrian hazards; The architectural design of the proposed project is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review ordinance No. 5 (1990) and the Cityfs General Plan; The design of the proposed project would provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance; and S. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. Prepared by: Ann J. Lungu, Associate Planner Attachments: 1. Draft resolution; 2. Exhibit "A" - site plan and floor plan dated June 23, 1998; 3. Application; and 4. Correspondence date June 5, 1998 from Winton A. Scott. 4 PLANNING COMMISSION I RESOLUTION NO. 98 -XX A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT REVIEW NO. 98-7 AND CATEGORICAL EXEMPTION PURSUANT TO SECTION 15303(c), A REQUEST TO CONVERT A 1,003 SQUARE FOOT, VACANT RETAIL UNIT, WITHIN AN EXISTING A SHOPPING CENTER, INTO CAFE/DELI. THE PROJECT SITE IS LOCATED AT 1211 DIAMOND BAR BOULEVARD, UNIT E, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Diamond Bar/Grand, LLC and applicant, Mian Ho Chang have filed an application for Development Review No. 98-7 located at 1241 Diamond Bar Blvd., Unit E, Diamond Bar, Los Angeles County, California, as described above in the title of this Resolution. Hereinafter in this Resolution, the subject Development Review shall be referred to as the "Application". 2• 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. 3. Action was taken on the subject application as to the consistency with the General -Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on June 23, 1998 conducted a duly noticed public hearing on the Application. 5. Notification of the public hearing for this project has been made in the San Gabriel Valle Tribune and Inland Valley Daily Bulletin newspapers on June101998. One hundred and thirty-two property owners within a 300 foot radius of the project site were notified by mail on June 2, 1998. 1 B. ResolutiOu- NOW, THEREFORE, it is found, determined and resolved by G." Planning Commission of the City of Diamond Bar as follows. 4� 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended, and the guidelines promulgated thereunder, pursuant to section 15303 (c) Article 19 of Division 13 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. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to a 6.5 acre site developed with a retail shopping center with approximately 72,863 square feet devoted to structure. The center is identified as Towne Center Village located at 1241 Diamond Bar Boulevard. (b) The project site has a General Plan Land ltsis zoned designation of General Commercial (C). Unlimited Commercial -Billboard Exclusion (C -3 -BE). (c) Generally, the following zones surround the project site: to the north, south and east is the C -3 -BE Zone; and to the west is the Residential Planned Development -Minimum Lot size 8,000 square Feet -9 Units Per Acre (RPD -8,000-9U) Zone. (d) The proposed Development Review is a request to convert a 1,003 square foot, vacant retail unit (without adding square footage to the building's footprint) of an existing shopping center into a cafe/deli. Additionally, interior remodeling will occur. (e) The design and layout of the proposed development is consistent with the applicable elements of the 2 40'� City's general plan, design guidelines of I appropriate district, and any adopted architectural criteria for specialized area, such as designated4 historic districts, theme areas, specific plans, community plans, boulevards, or planned developments. The proposed project does not alter the shopping centers existing architectural style or expand the buildings square footage. The proposed cafe/deli will be within an existing vacant retail unit. The design and layout of the proposed cafe/deli is consistent with the General Plan in that it will enhance the existing shopping center and add variety to the existing uses and bring more business to the center. Additionally, the property owner will be required to revitalize the existing landscaping by replacing missing or dead plant materials. Furthermore,,pursuant to the General Plan, the proposed cafe/deli is a permitted use within the General Commercial land use designation and a revenue generating use that will aid in minimizing sale tax leakage out of Diamond Bar. (f) The design and layout of the proposed development will not unreasonably interfere with the use and enjoyment of neighboring existing or future development and will not create traffic or pedestrian hazards. Towne Center Village was reviewed and approved by Los Angeles County Regional Planning and finaled in August 1989 within the County's required process. That process set forth the parking lots con- figuration/circulation and required that 297 parking spaces be provided. According to Code, structures utilized for dining shall provide the number of Parking spaces based on occupancy, as calculated by the Building Official. Furthermore, the Los Angeles County Planning and Zoning Code requires that one parking space be provided for every three occupants. The Building Officials calculations indicate a maximum occupancy of 60. Therefore, 20 parking spaces are required. With the current uses, vacancies and proposed cafe/deli, 278 parking spaces are required. After considering the existing uses, proposed use, number of parking spaces provided and peak hours of operations of each business within the center, the provided parking is adequate. As a result, parking spillage will not occur on to the surrounding streets. The sites circulation was reviewed by the Public Works Division and found to be adequate as it exists. The proposed cafe/deli is within the Unlimited Commercial -Billboard Exclusion ri htBE)TZone which permits restaurant type uses by g proposed use will be occupying a vacant unit. Its addition will not alter the originally approved square footage of the shopping center. Therefore, The design and layout of the proposed 3 (g) (h) t+ development will not unreasonably interfere wit e use and enjoyment of neighboring existing or fut development and will not create traffic or pedestrian hazards. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.72 of Development Review Ordinance No. 5 (1990) and the city's general plan. The shopping center was originally processed and approved through Los Angeles County Regional Planning as referenced it Item (f). At that time, the architectural design for the subject site and adjacent shopping centers were set forth by the County. The proposed cafe/deli does not alter the shopping center's architectural design Therefore, the proposed project is compatible with the character of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by the City's Development Review Ordinance and General Plan. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. The originally approved exterior design, materials and colors of the shopping center will not be altered by the proposed cafe/deli. The shopping center is approximately nine years old. It is adequately maintained and is currently in good condition. In order to continue an acceptable level of maintenance, the property owner will be required to revitalize the existing landscaping by replacing missing or dead plant materials. Additionally, the cafe/deli will be an acceptable addition to the shopping center while adding variety to the existing uses. Therefore, the proposed design of the propose project will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color that will remain aesthetically appealing and will retain a reasonably adequate level of maintenance. (i) The proposed development will not be detrimental to public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 4 Before, the issuance of any Cit permits, Y p mats, the 1 . proposed project is required to comply with all Department and nd e th conditions within the approved resolution a ` Building and Safety.Division, Public Works nd th - ment, Health Department, Fire National Pollutant Discharge Elimination System (NPDES) requirements. The referenced agencies' involvement will ensure that the proposed cafe/deli is not detrimental to the public health welfare or materially injurious to the safety s improvements in the vicinity. Properties or 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site and floor plan collectively labeled as Exhibit „Alan ll dated June 23, 1998, as submitted and approved by the Planning Commission. (b) The site shall be maintained in a condition which is free of debris both during and after the con- struction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The days and hours of operation shall be Sunday through Saturday from 9:00 a.m. to 10:00 p.m. (d) Supply deliveries shall occur during the cafe/ deli and shopping center's non -peak hours of business. (e) Any conduit, wires, pipes, mechanical e which may be installed shall be screenednt etc. from view and painted to match the existing buildingublic (f) Before, final inspection/Certificate of Occupancy, the property owner shall revitalized the existing landscaped areas located at the shopping center's perimeter and within its parking lot by replacing missing or dead plant materials. Replacement planting materials shall match the existing landscaping. 5 (g) Plans submitted for Building and Safety Divin eet all A-3 occupancy plan check shall m requirements. (h) The cafe/deli shall comply with American Disabilities Act (ADA) requirements as approved by the Building official. Plans shall delineate the following: (1) Handicap van parking; (2) Shortest accessible route to accessible entrance(s); and (3) Restrooms' handicap accessibility; (4) Handicap ramps. (i) The project shall obtain the Los Angeles county Health Department's approval. (j) • The project shall obtain the Los Angeles County Fire Department's approval. (k) The restaurant structure shall meet the 1994 U.B.C., U.P.C., U.M.C. and the 1993 National Electric Code requirements. (1) Two restrooms, one for each sex, shall be provided. (m) The project shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements. (p) Signage is not a part of this approval. All sign requests shall be submitted to the City for review and approval. (p) This grant is valid for two years and shall be exercised (i.e. construction started) within that period or this grant shall expire. A one year submitted extension may be requested in writingand ss date. to the City 30 days prior to the expiration nnd (q) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees. (r) if the Department of Fish and Game detestoes that Fish and Game Code Section 711.4 app approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a 6 documentary handling fee in connection with X�i"a Game Code requirements. Furthermore, if this 14.:� project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant to the Department of Fish and lGame anyall suchlfeepand any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Diamond Bar/Grand, LLC, 2717 W. Coast Hwy., Newport Beach, CA 92663 and Mian Ho Chang, 17521 Colima Road, City of Industry, CA 91748. APPROVED AND ADOPTED THIS 23RD DAY OF JUNE, 1998, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe McManus, Chairman I, James DeStefano, Planning Commissio that the foregoing Resolution was duly by the Planning Commission of the City meeting of the Planning Commission held by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: n Secretary, do hereby certify introduced, passed, and adopted of Diamond Bar, at a regular on the 23rd day of June, 1998, James DeStefano, Secretary 7 CITY OFTAMOND BAR COMMUNP, ; DEVELOPMENT DEPARTMENT 21660 E. Copley Drive Suite 190 (909)396-5676 Fax (909)861-3117 ��;;"- • DEVELOPMENT REVIEW APPLICATION Record Owner Namer Ac ast n `� LL.C_ first) / Addres*I IL W' 10� c } N City zip_ga�, (,o-3 Phone((+ (, `i �o- Sn Applicant CAM ��i (Last name first) 67521 CoLiM4 �o Q 'f �r i �►, cTr� f a Phone( 621 1 2 - 2 Case# 7 FPL # C Le-Q� Deposit $ OOo Receipt# i4fa/ / By Date Rec'd Applicant's Agent (Last name fust (,.)02-J!; HAPLT= -R�- rLF .4 9 r� Phonc(6-4 61 L— 03 Z� 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 of corporations.) of Consent:`� certify that am th ywner of described the herein describ 4" 8iL` /� C r►. ; Property and perm the Signed' ' I t L P pplocant to .{de this request. -� L Z record owners) j Date Certification,- I, the undersigned, hereby to the best of r:y knowledge. certify under penalty of perjury that the information herein provided is correct Print Name�� r� (Applicant or Agent) Signed - (Applicant or Agent) Location (Street address or tract and lot number) Date Zoning�— ad Previous Cases Present Use of Site Use applied for. - N - . I A.f'5 -,P, rs'�1 T Legal description (all ownershi comprising the proposed lot(s)lparcel(s)); LandscapinglOpea space Area devoted to structures 7 ?r Lot Coverage___ --Proposed density — Project Size(Units/Acres) Style of Architecture Number of Floors Proposed ( t, S"[ t r�! G, Slope of Roof Cut Import — Export _ If yes, Quantity If yes, Quantit} V Winton A. Scott 13672 Tea House St. Santa Ana, Ca 92705-2822 5 June 1998 City of Diamond Bar Community and Development Services Department/1111anning Division 21660 Copley Dr., Ste 190 Diamond Bar, Ca 91765 Subject: Development ReviaL,. n o- �Qv =--Request to change aretail unit located at 1241 Diamond Bac• Blvd., Diiamond Bar. Ca_ to a more intensified use- restaurant. As aproperty owner located within 300 foot from the subject site I change. I believe the operation of a restaurant, or cafe/deli will object to the requested adversely affect the residences living above and near the subject site. The objectionable differences: The restaurants would close later than a store. Additional evening traffic at a busy intersection. Parking lot conversations and activity from cars and people arriving and leaving. Noise level may increase if liquor, beer and wine service is approved. Disturbance from restaurant occur at time residents are hoentitled to enjoy their me, as they can now. There does not appear' to be ally compelling need for a cafe/deli in that locationTJr;- request is an attempt to increase the business value of that locationart residences. They 1s.ill be affected by the the expense of . of the nearby traffic, noise and reduction in their property values. Iftlus change is approved, a precedence is established and many other request can be expected by other owners to allow more intensive use of their property. As the saying " there goes the neighborhood", For the reasons given I ask the change requested be denied and the existing zoning be maintained. Winton A. Scott MYSTORE CAFE 1241 DIAMOND BAR BLVD. 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