HomeMy WebLinkAbout04/24/2007RECEIVED APR 2 2 2007
PLANNING CITY COUNCIL
COMMISSION
AGENDA
April 24, 2007
7:00 P.M.
South Coast Air Quality Management District
Government Center Building - Auditorium
21865 Copley Drive
Diamond Bar, CA
Chairman
Vice Chairman
Commissioner
Commissioner
Commissioner
Steve Nelson
Tony Torng
Kwang Ho Lee
Kathleen Nolan
Osman Wei
Copies of staff reports or other written documentation relating to agenda items are on
file in the Planning Division of the Community Development Department, located at
21825 Copley Drive, and are available for public inspection. If you have questions regarding
an agenda item, please call (909) 839-7030 during regular business hours.
In an effort to comply with the requirements of Title 11 of the Americans with
Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any
type of special equipment, assistance or accommodation(s) in order to communicate at a
City public meeting must inform the Community Development Department at
(909) 839-7030 a minimum of 72 hours prior to the scheduled meeting.
City of Diamond Bar
Planning Commission
MEETING RULES
PUBLIC INPUT
The meetings of the Diamond Bar Planning Commission are open to the public. A member of the
public may address the Commission on the subject of one or more agenda items and/or other items of
which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request
to address the Commission should be submitted in writing at the public hearing, to the Secretary of the
Commission.
As a general rule, the opportunity for public comments will take place at the discretion of the Chair.
However, in order to facilitate the meeting, persons who are interested parties for an item may be
requested to give their presentation at the time the item is called on the calendar. The Chair may limit
individual public input to five minutes on any item; or the Chair may limit the total amount of time
allocated for public testimony based on the number of people requesting to speak and the business of
the Commission.
Individuals are requested to conduct themselves in a professional and businesslike manner.
Comments and questions are welcome so that all points of view are considered prior to the
Commission making recommendations to the staff and City Council.
In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be
posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject
matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission
may act on item that is not on the posted agenda.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION
Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of
the Community Development Department. Agendas are available 72 hours prior to the meeting at City
Hall and the public library, and may be accessed by personal computer at the number below.
Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are
available for a nominal charge.
ADA REQUIREMENTS
A cordless microphone is available for those persons with mobility impairments who cannot access the
public speaking area. The service of the cordless microphone and sign language interpreter services
are available by giving notice at least three business days in advance of the meeting. Please
telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m.
and 4:30 p.m., Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 839-7030
General Agendas (909) 839-7030
email: info(aDci.diamond-bar.ca.us
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, April 24, 2007
AGENDA
CALL TO ORDER: 7:00 p.m.
Next Resolution No. 2007-21
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman
Tony Torng, Kwang Ho Lee, Kathleen Nolan, Osman Wei
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the
Planning Commission on any item that is within their jurisdiction, allowing the public an
opportunity to speak on non-public hearing and non -agenda items. Please complete a
Speaker's Card for the recording Secretary (Completion of this form is voluntary.)
There is a five-minute maximum time limit when addressing the Planning Commission.
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are
approved by a single motion. Consent calendar items may be removed from the
agenda by request of the Commission only.
4.1 Minutes of Regular Meeting: April 10, 2007.
4.2. Issuance of Public Convenience and Necessity (PCN): A request to issue a
PCN for a Type 21 liquor license for Target Stores at 747 Grand Avenue.
5. OLD BUSINESS: None.
6. NEW BUSINESS:
6.1 Art in Public Places — Update.
7. PUBLIC HEARING(S):
7.1 Conditional Use Permit No. 2006-18 - In accordance to Development Code
Section 22.58, the applicant requests approval to change the hours of operation
in an existing Music Studio located at Country Hills Towne Center. The project
site is zoned C-2 (Community Commercial.)
APRIL 24, 2007 PAGE 2 PLANNING COMMISSION
Project Address: 2775-A Diamond Bar Blvd.
Property Owner: Country Hills DB, LLC
9595 Wilshire Blvd., Suite 214
Beverly Hills, CA 90212
Applicant: Ara Cho
22556 Birds Eye Dr.
Diamond Bar, CA 91765
Environmental Determination: The City has determined that this project is
Categorically Exempt in accordance to the California Environmental Quality Act
(CEQA), Section 15303(a).
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit No. 2006-18, Findings of Fact, and conditions of
approval as listed within the draft resolution.
7.2 Conditional Use Permit No. 2007-05 - In accordance to Development Code
Sections 22.58 and 22.10.030, Table 2-6, the applicant requests approval to
locate a learning center in an existing shopping center identified as Plaza
Diamond Bar. The project site is zoned C-2.
Project Address: Lee's Review and Learning Center
2040 S. Brea Canyon Rd, Suite 240
Property Owner: Plaza Diamond Bar Partners LLC
3029 Wilshire Boulevard, Suite 202
Santa Monica, CA 90403
Applicant: Jong Hoon Lee
1930 S. Brea Canyon Road
Diamond Bar, CA 91765
Environmental Determination: In accordance to the provisions of the
California Environmental Quality Act (CEQA), Section 15301(a), the City has
determined that this project is categorically exempt.
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit No. 2007-05, Findings of Fact, and conditions of
approval as listed within the draft resolution.
8. PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
APRIL 24, 2007
9
10.
PAGE 3 PLANNING COMMISSION
STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
SCHEDULE OF FUTURE EVENTS:
PARKS AND RECREATION
COMMISSION MEETING:
ARBOR DAY CELEBRATION
CITY COUNCIL MEETING
PLANNING COMMISSION
MEETING:
TRAFFIC AND
TRANSPORTATION
COMMISSION MEETING
11. ADJOURNMENT:
Thursday, April 26, 2007 - 7:00 p.m.
SCAQMD/Government Center Hearing
Board Room — 21865 Copley Drive
Friday, April 27, 2007 — 10:00 a.m.
Pantera Elementary School
801 Pantera Drive
Tuesday, May 1, 2007 - 6:30 p.m.
SCAQMD/Government Center Auditorium
21865 Copley Drive
Tuesday, May 8, 2007 - 7:00 p.m.
SCAQMD/Government Center Auditorium
21865 Copley Drive
Thursday, May 10, 2007 - 7:00 p.m.
SAQMD/Government Center Hearing
Board Room, 21865 Copley Dr.
RORAFT
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
APRIL 10, 2007
CALL TO ORDER:
Chairman Nelson called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance.
1. ROLL CALL
Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Osman
Wei, Vice Chairman Tony Torng, and Chairman Steve Nelson
Also present: Nancy Fong, Community Development Director; Gregg
Kovacevich, Assistant City Attorney; Sandra Campbell, Contract Senior Planner;
and David Alvarez, Planning Technician.
2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: Jose Gomez, a
Diamond Bar resident and Mt. SAC student said he was present to fulfill a class
assignment by attending tonight's meeting.
Richard Bach, 1060 Tintah Drive, said he was also present to fulfill a class
assignment to attend tonight's proceedings.
3. APPROVAL OF AGENDA: As Submitted.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of March 13, 2007.
VC/Torng moved, C/Wei seconded to approve the Regular Meeting Minutes
of March 13, 2007, as presented. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS: VC/Torng, Wei, Lee, Nolan
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: None
DRAFT
APRIL 10, 2007 PAGE 2 PLANNING COMMISSION
4.2 Minutes of the Regular Meeting of March 27, 2007.
VC/Torng said that on page 6 all of his comments were not included when he
talked about parking. The applicant provides 176 parking spaces which are
actually less than the number called out in the Gateway Specific Plan and
that is the reason he brought it up and he hoped it would be corrected.
CDD/Fong said she would insert a sentence to read as follows: V/C Torng
stated that the number of parking spaces falls short by two spaces and
requested that the applicant be required to furnish more parking spaces in
the next phase.
C/Lee moved, C/Wei seconded to approve the minutes of the March 27,
2007, as corrected. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT COMMISSIONERS
Lee, Wei, Nolan, VC/Torng,
Chair/Nelson
None
None
4.3 Issuance of Public Convenience and Necessity (PCN): A request to
issue a PCN for a Type 21 liquor license for Mike's Tobacco at 1174 S.
Diamond Bar Boulevard.
CDD/Fong referred the Planning Commission to the Resolution contained in
the packet and explained the request before the Planning Commission.
C/Nolan moved, C/Lee seconded to approve the PCN. Motion carried by the
following Roll Call vote:
AYES:
NOES:
ABSENT
5. OLD BUSINESS:
6. NEW BUSINESS:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
None
Nolan, Lee, Wei, VC/Torng,
Chair/Nelson
None
None
APRIL 10, 2007
7. PUBLIC HEARINGS:
PAGE 3
D DRAFT
PLANNING COMMISSION
7.1 Development Review No. 2004-33 — In accordance with Development Code
Section 22.48, the applicant requested approval to remodel and enlarge an
existing commercial service station as follows: Remove existing service bays
and enlarge the structure and use of the convenience mart; and upgrade the
exterior design of on-site structures.
PROJECT ADDRESS:
PROPERTY OWNER
APPLICANT:
21324 Pathfinder Road
Diamond Bar, CA 91765
Mohamad Salimnia
21324 Pathfinder Road
Diamond Bar, CA 91765
Nasser Moghadam
44052 Galicia Drive
Hemet, CA 92544
DSA/Smith presented staffs report and recommended Planning Commission
approval of Development Review No. 2004-33, Findings of Fact, and
conditions of approval as listed within the resolution.
C/Lee said that today there is no distinction between specific business and
business. There was an original design for the gas station. And now they
are putting in a convenience market and small food court. Because there is
a cooking facility it is not a takeout, it is a small restaurant. His first
impression of this project is that there should be tables where people can sit
down and eat but this is a convenience store and cooking small restaurant
inside the store. People go inside and wait until it is cooked and then they
pick up the food and go outside and eat. And this is an 8 -station gas station
and it should be very crowded. So to him there are too many businesses in
one and it is too complicated for people to understand the nature of the
business and how they should react to the business.
CDD/Fong explained that the industry calls this a "quick service restaurant."
It is not a sit-down restaurant. The expectation is that people will go into the
store and buy food, e.g., hot dog, purchase gas for their cars then leave.
This type of service is available in many gas stations.
VC/Torng said he had been to the location several times and felt it was good
that the applicant had changed from four to three exits. He was still
Q DRAFT
APRIL 10, 2007 PAGE 4 PLANNING COMMISSION
concerned about the safety of patrons because he sees vehicles turn left
from Brea Canyon Road and if he remembered the rules about the traffic, he
wanted to know if vehicles could make a left turn onto westbound Pathfinder
Road. VC/Torng said if he remembered correctly no left turn should be
allowed. CDD/Fong concurred. VC/Torng wanted to know if the City could
post a sign and CDD/Fong responded that the City could require the
applicant to post a "right -turn -only" sign. However, if a driver disobeyed the
sign it would be an enforcement issue.
C/Nolan asked if drivers were allowed to make a U -Turn at Brea Canyon if
their intention is to go back toward the freeway. CDD/Fong said she believed
drivers could make a U -Turn. VC/Torng said he believed drivers could make
a U -Tum on Pathfinder at Fern Hollow.
C/Wei said he had the same concerns as VC/Torng and believed it was
proper to put the "no -left -turn" at the exit facing Pathfinder Road.
There were no ex -parte disclosures.
Chair/Nelson opened the public hearing.
Nasser Moghadam, project architect, thanked Planning staff for their
assistance. He has spent three difficult years on this project and his primary
concern is to have a feasible project for the residents as well as the property
owner and businessman who must make a living..This gas station is situated
on a major corner and for many years this owner has been discussing many
issues in addition to the overall look. He and the owner understand that the
area is very congested. However, if the station does not meet the needs of
the public they will not patronize the station. He is also concerned about
safety. This is the beginning of the project. Following the Planning
Commission's review the project goes to Building and Safety and is subject
to offsite improvements through the utility company. There is a long way to
go before this project comes to fruition and the owner is concerned that after
making these improvements he will be able to succeed. He has had many
years of experience converting these stores and to C/Lee he responded that
there would be no kitchen and that the public health department would not
allow a kitchen. However, the applicant would like to have some flexibility to
provide minimum facilities to franchise with Quizno's and others to provide
warmers, microwaves or toasters. There will be no seating because it is a
takeout only. He referred to an issue involving truck safety on a certain
corner and said he is working with staff to reduce the corner to provide more
room for truck turnout. He explained how the project was revised in
E DRAFT
APRIL 10, 2007 PAGE 5 PLANNING COMMISSION
accordance with the Planning Commission's wishes. He believed there was
a double yellow line on Pathfinder Road that would prevent a left -turn out.
Chevron has certain standards and the proposed canopy is intended to be
the generic canopy of choice for several years hence and he believed that
putting trim around the canopy would look odd. If the Commission approves
the project he will continue to work with staff to smooth out the details and
make the project feasible for his client. He felt that some of the requested
changes resulted in waste for his client but the project looks beautiful and he
did not disagree with staff's proposal. However, he would like some
consideration so that the applicant did not have to spend a lot of money
changing the look because it would be landscaped.
C/Nolan asked if the food was prepared elsewhere or prepared to order on-
site. Mr. Moghadam responded that his client wanted to have Quizno's or
Subway and not be completely self -serve. Some of the food is not pre -made
it will be made to order and taken away from the premises.
Chair/Nelson asked if Mr. Moghadam thought there would be a problem
having two "no left -turn" signs at Pathfinder Road and Mr. Moghadam
responded "no."
VC/Torng asked if Mr. Moghadam was not fully committed to the condition
imposed by staff. Mr. Moghadam said they would comply. However, he
would like to be able to work with staff to resolve certain issues such as if the
canopy is supposed to be changed from what is represented that would be a
different issue. If staff says it has to be done the applicant will comply. He
said he wanted leeway to work further on the issue of the truck turning radius
and to be able to prepare food. There are no other objections.
CDD/Fong said that staff's intention was to make sure that the design of the
canopy was consistent and compatible with the design of the building as
proposed. The canopy is a generic corporate identity canopy and in her
opinion, Diamond Bar is not generic. She believed the canopy needed to be
compatible with the design by having consistent material and design. The
cornice treatment at the top of the roof would have to be a similar design
consistent with the building design. Staff asked for stone material at the
bottom of the columns. Newer Chevron stations have similar in design and
staff is not asking for more than what has been done with similar stations in
other communities. Diamond Bar deserves that look and therefore, staff
conditioned this project for the design to be compatible subject to staff's
review, which may include the cornice treatment and ledger stone. Staff will
work with the applicant, however, those are basic criteria for the redesign of
D DRAFT
APRIL 10, 2007 PAGE 6 PLANNING COMMISSION
this canopy. CDD/Fong responded to VC/Torng that staff would work with
the applicant with respect to the proposed design for truck safety.
Chair/Nelson closed the public hearing.
C/Lee moved, C/Wei seconded to approve Development Review
No. 2004-33, Findings of Fact, and conditions of approval as listed within the
resolution with the amendment to include two "Right -Turn -Only" signs as
appropriate for the Pathfinder Road exits.
Chair/Nelson wanted to know if the appropriate sign was "right -turn -only" or
"no -left -turn" and CDD/Fong responded that public works would determine
what sign was appropriate.
C/Lee wanted to know if the signs were enforceable.
CDD/Fong responded that there are two double -yellow lines along Pathfinder
and a left turn is illegal. VC/Torng said he has seen many drivers make
illegal turns in California. CDD/Fong said that it was up to the Sheriffs
Department to enforce the situation.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Wei, Nolan, VC/Torng,
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: None
7.2 Development Review No. 2007-11, and Minor Conditional Use Permit
No. 2007-07 and Minor Variance NO. 2007-03 - In accordance with
Chapter 21 of the City of Diamond Bar Development Code, the applicant
requested the following approvals: Development Review No. 2007-11 for
construction of a new 4739 square foot commercial building with two fast
food restaurants and retail; Minor Conditional Use Permit No. 2007-07 for a
drive-through restaurant, and Minor Variance No. 2007-03 to reduce the
width of the drive-through lane. The project is consistent with
implementation of the Diamond Bar Village Specific Plan.
PROJECT ADDRESS: 22438 Golden Springs Drive
(Southwest corner of Grand Avenue
and Golden Springs Drive)
Diamond Bar, CA 91765
APRIL 10, 2007
PROPERTY OWNER:
APPLICANT:
PAGE 7
9�DRAFT
PLANNING COMMISSION
Target Corporation
1000 Nicollet Mall
Minneapolis, MN 55403
David Kuo
984 Crystal Water Lane
Walnut, CA 91789
CSP/Campbell presented staff's report and recommended Planning
Commission approval of Development Review No. 2007-11, Minor
Conditional Use Permit No. 2007-07, and Minor Variance No. 2007-03,
Findings of Fact, and conditions of approval as listed within the resolution.
Chair/Nelson asked for an explanation of the retaining wall height to which
CSP/Campbell responded using the overheads.
VC/Torng asked if it was possible to include a crosswalk from the Target
parking lot to the project site because there is no pedestrian walkway.
CDD/Fong pointed out the location of the sidewalk. VC/Torng was more
concerned about crossing the area where there were two stop signs and he
said he would feel betterwith a four-way stop so that pedestrians could move
about more freely and safely. CDD/Fong explained that if a pedestrian
walkway were built a large number of parking spaces would have to be
eliminated. From a practical standpoint the shared spaces between Panda
Express and Chili's would be shared first before overflow parking in the
Target parking lot. CSP/Campbell said she understood VC/Torng's request
for yellow striping for a walkway to call attention to pedestrian flow.
CDD/Fong asked where VC/Torng would suggest beginning and ending the
striping. VC/Torng said the two stops signs were not parallel. CDD/Fong
stated that when stripes are created the area becomes a "false" safety zone
for pedestrians because stripes do not constitute a crosswalk and it gives
pedestrians a false sense of security. CDD/Fong again asked VC/Torng
where he would propose to place striping to lead pedestrians from Target
parking into the Panda Express building. VCITorng asked if there was a
possibility to have a stop sign. CDD/Fong explained that staff would have to
look at the situation from an on-site traffic control perspective.
CSP/Campbell said there is not a stop sign for traffic entering the center
because it would potentially interfere with the flow of traffic on the main
street. VC/Torng said that maybe traffic could study the issue.
There were no ex parte disclosures.
APRIL 10, 2007
mI;
PAGE 8 PLANNING COMMISSION
Chair/Nelson opened the public hearing.
Roger Segal, architect, said he would be happy to answer any questions.
C/Lee said he believed that two food -related stores were sharing one drive-
through. Mr. Segal responded that the drive-through was for Starbucks on
the interior side only, not for Panda Express.
C/Wei questioned the number of parking spaces because when Target was
approved the parking spaces were calculated forthat store only and wanted
to know if there was an overlap in the number of parking spaces. Mr. Seal
responded that the table on the conditional approval shows the overlay
parking count. Page 4 indicates 535 spaces are required for Chili's, Target
and Panda Express. However, the total number of parking spaces on the
shopping center site is 560, a sufficient number for all three businesses.
Cbair/Nelson closed the public hearing.
Chair/Nelson asked what the problems were with putting a stop sign in a line
on a crosswalk. CDD/Fong said, a striped crosswalk should lead the
pedestrians to a walkway and that is the difficulty with this site.
Mr. Seal said there were 90-100 parking spaces between the two restaurant
buildings. Parking should be ample for those two uses.
Chair/Nelson said that Chili's is very crowded on a Saturday night and he
was concerned that during the dinner hour there would be ample parking on
that side.
After giving the matter consideration CDD/Fong said she believed it might be
appropriate to put a striped stop sign to create a three-way stop. She said
she was unable to come up with a logical location for a striped crosswalk. A
three-way stop would assist pedestrians to move across to the Panda
Express building. VC/Torng said he believed a stop sign was better because
as staff earlier stated a crosswalk might give pedestrians a false sense of
security. CDD/Fong offered that a sign stating "pedestrian crossing" could be
installed.
APRIL 10, 2007
4
PAGE 9
DDRAFT
PLANNING COMMISSION
C/Lee felt that CDD/Fong understood the Commissioner's concerns and
would work with the applicant to include appropriate modifications. VC/Torng
agreed and suggested CDD/Fong consult with the City's traffic engineer to
see if he agreed.
VC/Torng moved, to approve Development Review No. 2007-11, Minor
Conditional Use Permit No. 2007-07 and Minor Variance 2007-03, Findings
of Fact, and conditions of approval as listed within the resolution with the
addition of a condition that staff will study the traffic and pedestrian
movement and make appropriate recommendations to ensure to every
extent possible, the safety of pedestrians walking from the Target parking
area to the Panda Express Building. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS:
ABSENT COMMISSIONERS:
VC/Torng, Lee, Nolan, Wei
Chair/Nelson
None
None
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Nolan reminded everyone that the City Birthday Party would be held in a couple
of weeks. She Chairs the DBIA Car Show and invited everyone to stop by and
purchase raffle tickets.
VC/Torng said he would do his best to participate in the very fun City Birthday Party.
He asked staff to place "Art in Public Places" on a future agenda for consideration.
STAFF COMMENTS/INFORMATIONAL ITEMS.
9.1 Public Hearing dates for future projects.
CDD/Fong stated that there is a public hearing for a Conditional Use Permit
for a school and another PNC for Target to sell wine and there may another
public hearings set for the April 24 meeting depending on how quickly
projects are brought forward to the Planning Department.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
EDRAFT
APRIL 10, 2007 PAGE 10 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nelson adjourned the regular meeting at 8:21 p.m.
Attest:
Respectfully Submitted,
Nancy Fong, Community Development Director
Steve Nelson, Chairman
PLANNING COMMISSION
AGENDA REPORT
21825 COPLEY DRIVE—DIAMOND BAR, CA 91765 --TEL (909) 839 -7030 --FAX (909) 861-3117—www.Cityofdiamondbar.com
AGENDA ITEM NUMBER: 4.2
MEETING DATE: April 24, 2007
CASE/FILE NUMBER: Public Convenience & Necessity No. 2007-02
PROJECT LOCATION: 747 Grand Avenue
Diamond Bar, CA 91765
APPLICATION REQUEST. Approval of a determination for Public Convenience
and Necessity for a beer and wine Type 20 license
from the Department of Alcohol Beverage Control
(ABC)
PROPERTY OWNERS: Target Corporation
1000 Nicollet Mall, TPN -0910
Minneapolis, MN 55403
APPLICANT: Target
747 Grand Avenue
Diamond Bar, CA 91765
STAFF
RECOMMENDATION: Approve
Page 1
Public Convenience and Necessity
BACKGROUND:
On April 26, 2005, Conditional Use Permit No. 2005-03 (CUP 2005-03) was approved by
Planning Commission for allowing the sale of beer and wine for offsite consumption.
Applicant, Target Corporation, submitted an ABC License for a Type 20 (beer and wine) in
an existing Target store. The site is located at the South-West corner of Golden Springs
Drive and Grand Avenue in the Diamond Bar Village Shopping Center.
ANALYSIS:
A. Review Authority
On January 17, 2006, the City Council adopted Resolution Number 2006-04,
delegating the authority to the Planning Commission to make findings of public
convenience and necessity for alcohol licenses applications for retail outlets and bars.
The determination of a public convenience and necessity does not require a public
hearing.
B. Site and Surrounding General Plan, Zoning and Uses
The Development Code requires any liquor vendor to be 150 feet away from any
school. The site is located more than 2500 feet from sensitive sites, such as, religious
sites and school(s), which is located more than 1,900 feet (Chaparral Middle School).
C. Alcoholic Beverage Control
1. The Department of Alcoholic Beverage Control (ABC) regulates the distribution
of liquor by setting limits on the different types of licenses in each Census Tract.
According to ABC, if the number of offenses in the reporting district exceeds the
average number of offences by 20 percent even though there is no over -
concentration of Type 20 license, a determination of a Public Convenience and
Necessity is required as governed by the provisions of Section 23958 of the
Business and Professional Code.
Paget
Public Convenience and Necessity
General Plan
Zone
Uses
Site
Specific Plan
SP
Specific Plan
North
Open Space
Specific Plan
General Commercial
OS
SP
C3
Open Space
Specific Plan
Regional Commercial
South
East
West
Open Space
OS
Open Space
The Development Code requires any liquor vendor to be 150 feet away from any
school. The site is located more than 2500 feet from sensitive sites, such as, religious
sites and school(s), which is located more than 1,900 feet (Chaparral Middle School).
C. Alcoholic Beverage Control
1. The Department of Alcoholic Beverage Control (ABC) regulates the distribution
of liquor by setting limits on the different types of licenses in each Census Tract.
According to ABC, if the number of offenses in the reporting district exceeds the
average number of offences by 20 percent even though there is no over -
concentration of Type 20 license, a determination of a Public Convenience and
Necessity is required as governed by the provisions of Section 23958 of the
Business and Professional Code.
Paget
Public Convenience and Necessity
ABC staff reported that the average number of offenses is 164 and the 120
percent average number of offences is 196.8 in the reporting district where
Target is located. The reported number of offences is 203, which exceeds the
120 percent. Based on Lieutenant Joe Maxey's inquiry of the reporting districts
in Diamond Bar, Target happens to fall under the same reporting district as
"Scribbles," which has been problematic in the past. The reported number of
offences would be significantly below the average if the reported incidents from
"Scribbles" were removed. As stated in Exhibit "A," Lieutenant Joe Maxey
recommends Planning Commission approve the PCN.
D. Facts to support a Public Convenience and Necessity
The following are facts that support the requested Public Convenience and Necessity:
1. A retail liquor store that offers the sale of beer and wine for off-site consumption
is a common and accepted business practice within the Regional Commercial
District.
2. The site, located at 747 Grand Avenue, is along a major arterial and is suited for
retail sales, including beer and wine for offsite consumption.
3. On April 26, 2005, a Conditional Use Permit No. 2005-03 was approved by
Planning Commission to allow the sales of beer and wine for offsite
consumption.
4. The Target site is located in the same reporting district as "Scribbles" which is a
restaurant more than a mile away with illegal nightclub that have created a
spike in the reported offences. Los Angeles County Sheriff recommends
approval of the PCN.
Based on the above analysis, staff finds that issuance of an ABC Type 20 license for
beer and wine for off-site consumption within the Regional Commercial District, will
not have a negative impact to the surrounding uses. Staff recommends approval
through adoption of the attached resolution.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act (CEQA),
Section 15301(e), the City of Diamond Bar has determined that this project is categorically
exempt.
Page3
Public Convenience and Necessity
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve the Public Convenience and
Necessity and attached resolution.
Prepared by:
David Alvarez
Planning Technician
ATTACHMENTS:
1.
2.
3.
4.
5.
6.
7.
Resolution of Approval;
Exhibit "A"- Memo from Lieutenant Joe Maxey
Exhibit "B"- City of Diamond Bar Census Tract Map;
Exhibit "C"- Site Plan, Floor Plan, dated April 17, 2007;
City Council Resolution No. 2006-04;
Planning Commission Resolution No. 2005-18 (Target);
Aerial
Page4
irector
Public Convenience and Necessity
PLANNING COMMISSION
RESOLUTION NO. 2007 -XX
A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA
PLANNING COMMISSION APPROVING A DETERMINATION OF
PUBLIC NECESSITY FOR AN ALCOHOL BEVERAGE CONTROL
TYPE 20 LICENSE FOR AN EXISTING TARGET STORE
APPROXIMATELY 130,000 SQUARE FEET LOCATED AT 747 GRAND
AVENUE (APN: 8293-045-006 THROUGH 8293-045-009), DIAMOND
BAR, CALIFORNIA.
- A. RECITALS
Target has filed an application for a type 20 ABC license (Off Site General)
from the department of Alcoholic Beverage Control (ABC). Hereinafter in this
Resolution, the 'subject Development Review shall be referred to as the
"Application."
2. Section 23958 of the Business and Professional Code requires the City of
Diamond Bar to make a determination that the issuance of the said license
will service the public convenience or necessity.
3. On April 24, 2007, the Planning Commission of the City of Diamond Bar
reviewed said application prior to the adoption of this Resolution.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct;
2. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt according to Section 15301 (e) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar;
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 site is located at 747 Grand Avenue (APN: 8293-045-006
through 8293-045-009), Diamond Bar, California.
(b) The project site has a General Plan land use designation of Specific
Plan (SP);
(c) The project site is within an existing 13 Acre Shopping Center located
at the South -East intersection of Grand Avenue and Golden Springs
Drive;
(d) Generally, to the north and west is the Open Space (OS) zone; to the
east is Regional Commercial (C3) zone; and to the south is Specific
Plan (SP);
(e) The selling of beer and wine for off-site consumption is a common
and accepted practice within a Shopping Center;
(f) On April 26, 2005, Conditional Use Permit No. 2005-03 was approved
by Planning Commission, allowing the sale of beer and wine for offsite
consumption;
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions:
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: Target Corporation, 1000 Nicollet Mall, TPN -0910, Minneapolis,
MN 55403
2
Public Necessity and Convenience
APPROVED AND ADOPTED THIS 24th DAY OF APRIL 2007, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
BY:
Steve Nelson, Chairman
I, Nancy Fong, 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 April 2007, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
ATTEST:
Nancy Fong, Secretary
3
Public Necessity and Convenience
City of Diamond Bar Census Tract Map
S-
.:
ji @9d% 66 ps
E$� a x x x x
4 g
l
g _ _ € .
-1- .
Y Y € 8 F a -]•f
_ t
\• t I
•aF
Ij
Tj
i.
Nt
i
Y(T- 1ddS"N3i7i0 `_
�
e
Q
cg'?
�
wx
2
g M
u < ��B
taZ.0
q uUi
m
B
a
g
H
oho
Wi
Z
W
�F
o
o
O
2
�u
S•„; ¢€ a €
C�
`S c@
o
O W
sV
p2- �
Va3ppy��
gaG•
."o
Z u
a�
�R�pS
o i€
pa
�g
gag ~ 1L
Cigtg� sYa
•=�
]rozc
DQ aigOr
ya
CL
� maC
$
¢2:YEl:e6�pO
g
S-
.:
ji @9d% 66 ps
E$� a x x x x
4 g
l
g _ _ € .
-1- .
Y Y € 8 F a -]•f
_ t
\• t I
•aF
Ij
Tj
i.
Nt
i
Y(T- 1ddS"N3i7i0 `_
RESOLUTION 2006- 04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DELEGATING TO THE PLANNING COMMISSION THE DUTIES OF DETERMINING
WHETHER A FINDING OF PUBLIC CONVENIENCE AND NECESSITY WARRANTS THE
ISSUANCE OF AN ALCOHOLIC LICENSE
WHEREAS, in 1994, the State of California passed legislature that amended the
Business and Professions Code relating to alcoholic beverage licensing which affect the local
governing bodies of cites and counties.
WHEREAS, Section 23958.4 of the Business and Professions Code was added to
define "undue concentration" of license and to establish the procedure for determining if
public convenience and necessity will warrant the issuance of a license notwithstanding a
determination that there is an undue concentration pf licenses.
WHEREAS, Section 23958.4 allow the City Council, to delegate the duties of
determining whether public convenience and necessity would be served to the Planning
Commission.
WHEREAS, Section 23958.4 requires the City Council to issue a written notification to
the Ddpartment of Alcohol Beverage Control regarding the delegation of the duties of
deten-nining whether public convenience and necessity would be served.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as; follows:
Section 1. That the Planning- Commission is authorized to determine whether a
finding of public convenience and necessity warrants the issuance of an alcoholic license
from the California State Department of Alcohol Beverage Control as allowed by
Section 23958.4 of the California State -Business and Professions Code.
Section 2. That the decision of the Planning Commission may be appealed to the
City Council subject to the provisions of Section 22.74.040.
.Section 3. This Resolution shall take effect from and after the date of its passage
and adoption.
pASSED, APPROVED, AND ADOPTED this 17th day of January, 2006.
Carol Herrera, Mayor
Linda G. Lowry, City Clerk of the City of Diamond Bar, California do hereby certiroved that
and
foregoing Resolution Number 2006- 04_ was duly and regularly passed, app
the City Council of the City of Diamond Bar, California, at its regular meeting held
adopted by the.foliowing vote, to wit:
on the 17th day of January, 2006, by
AYES: COUNCILMEMBERS: -Chang, Tanaka, Tye, H/Herrera
NOES: COUNCIL MEMBERS: j-tPT/ZirbesF
3
ABSENT: GOUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
i
Linda C. Lowry, City erk
City of Diamond Bar
A
X006--04
PLANNING COMMISSION
RESOLUTION NO. 2005-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING CONDITIONAL USE PERMIT
NO. 2005-03 AND DEVELOPMENT REVIEW NO. 2005-16, FOR
THE CONSTRUCTION OF A TARGET STORE APPROXIMATELY
130,000 SQUARE FEET ON APPROXIMATELY 13 ACRES OF LAND
WITHIN THE DIAMOND BAR VILLAGE SPECIFIC PLAN, LOCATED
AT THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN
SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA, AND MAKING
FINDINGS IN SUPPORT THEREOF—APN: 8293-045-006 THROUGH
009.
A. RECITALS
Target Corporation (the Applicant) has filed an application forthe approval of
Conditional Use Permit No. 2005-03 and Development Review No. 2005-13
as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Conditional Use Permit and Development Review requests shall be
referred to as the "Application."
2. On April 15, 2005, public hearing notices were mailed to approximately 541
property owners within a 700 -foot radius of the project site. In addition, the
project site was posted with a display board and the public notice was posted
in three public places. Furthermore, notification of the public hearing for this
project was provided in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers.
3. On April 26, 2005, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing on the Application and concluded
said hearing on that date.
4. All legal prerequisite prior to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
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:
Conditional Use Permit
(a) The proposed use is allowed within the subject zoning district with
approval of a conditional use permit and complies with all other
applicable provisions of this development code and the Municipal
Code.
The Commercial section of the Diamond Bar Specific Plan is under
the C-3 Zoning District uses. Target is a general retail store, which is
permitted under this zone. Off-site alcohol is also permitted under this
zone.
(b) The proposed use is consistent with the General Plan and the
Diamond Bar Village Specific Plan.
Economic Development is a goal of the General Plan. The proposed
project will implement this goal. The proposed use is consistent with
the Diamond Bar Village Specific Plan.
(c) The design, location, size and operating characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity.
The design of the project and its operational characteristics are
compatible with and compliment the adjacent existing and future land
uses. The proposed project provides diversity of shopping amenities
for the surrounding residents.
(d) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses and the absence of physical
constraints.
The subject site is previously rough graded with a flat pad and is
partially improved with a parking lot. The site is suitable for the
development of the proposed project.
(e) Granting the conditional use permit will not be detrimental to the
public interest, health, safety, convenience, or welfare, or injurious to
3
(i) The architectural design of the proposed development is compatible
with the character of the surrounding neighborhood and will maintain
and enhance the harmonious, orderly and attractive development
contemplated by this chapter, the general plan, or applicable specific
plan.
The proposed architecture is a contemporary style resembling some
elements of the Diamond Bar Center. The front (south) of the building
is highlighted by a tall tower and a projecting colonnade with strong
vertical columns at the main entry that provide a focal point. The
building walls are articulated with variation of building plane such as
pop -out and recessed walls and trellis work. The building plane is
treated with rich stacked stones materials. The east and west sides of
the building are also treated with the same architectural elements as
in the front but to a lesser degree. Staff believes that the building
design meets the intent of the design guidelines of the Specific Plan.
Q) 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, textures and color
and will remain aesthetically appealing.
The proposed design of the building will provide a desirable
environment for its occupants and visiting public. The design will
encourage the public to visit often, shop and enjoy the aesthetically
pleasing environment.
(k) The proposed development will not be detrimental to the public
health, safety or welfare or materially injurious (e.g., negative effect
on property values or resale(s) of property) to the properties or
improvements in the vicinity.
The proposed project will improve the property and add value and
positive impact to the City.
(1) The proposed project has been reviewed in compliance with the
. provisions of the California Environmental Quality Act (CEQA).
On June 29, 2004, the City Council approved an Addendum to the
previously certified Final Environmental impact Reports, SCH
No. 91121027 and No. 96111047 for the related General Plan, Zone
Change, Development Agreement and Diamond Bar Village Specific
Plan. The Specific Plan document included a Conceptual Site Plan
that illustrates the development concept. The proposed project is. a
Design Review and it is determined that the project design is in
conformance of the Specific Plan Conceptual Site Plan. Furthermore,
6y
City, and its officers, agents and employees, from any claim,
action, or proceeding to attack, set-aside, void or annul, the
approval of Conditional Use Permit No. 2005-03 and
Development Review No. 2005-16 brought within the time
period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are
made a party of any such action:
(a) Applicant shall provide a defense to the City defendants
or at the City's option reimburse the City its costs of
defense, including reasonable attorneys fees, incurred
in defense of such claims; and
(b) Applicant shall promptly pay any final judgment
rendered against the City descendents.
The City shall promptly notify the applicant of any claim, action
of proceeding, and shall cooperate fully in the defense thereof.
(6) Notwithstanding any previous subsection of the resolution, the
Department of Fish and Game requires payment of the fee
pursuant to Section 711.4 of that Fish and Game Code. Said
payment shall be made by the applicant to the city within five
days of this approval.
(7) Applicant shall pay development fees (including but not limited
to Planning, Building and Safety, Public Works and
Engineering Divisions and Mitigation Monitoring) at the
established rates, prior to final map approval, issuance of
building or grading permit (whichever comes first), as required
by the City. School fees shall be paid prior to the issuance of a
Building and Safety Division permit. In addition, the applicant
shall pay all remaining - prorated City project review and
processing fees prior to the map's recordation as required by
the City.
(8) The project site shall be maintained and operated in full
compliance with the conditions of approval and all laws, or
other applicable regulations.,
(9) The approval of CUP 2005-01 and DR2005-13 shall expire if
building permits are not issued or approved use has not
commenced within two years from the date of approval. The
applicant may request for a one year time extension subject to
Planning Commission approval.
7
for this development shall be submitted for Assistaht' City
Manager review and approval prior to issuance of building
permits.
(8) Provide textured pavement across drive aisle at project entry
off Grand Avenue to enhance and create an entrance
statement.
(9) Textured pavement shall be of materials such as interlocking
concrete pavers, integral color textured concrete, and in a
diamond pattern subject to the review and approval of the
Assistant City Manager.
(10) Provide rich hardscape along the store front of Target.
(11) Submit detailed design for the replacement parking together
with pedestrian connections for Assistant City Manager review
and approval prior to issuance of grading permits.
C. Engineering/Public Works
(1) A tentative and/or parcel map shall be required in accordance
with the Diamond Bar Subdivision Ordinance and the
Subdivision Map Act. The Map shall be submitted prior to
grading plan check.
(2) Written certification that all utility services and any other
service related to the site shall be available to serve the
proposed project and shall be submitted to the City. Such
letters shall be issued by the district, utility and cable television
company, if applicable, within ninety (90) days prior issuance
of grading permits.
(3) At the time of the tentative and/or parcel map approval, a title
report/guarantee showing all fee owners, interest holders, and
nature of interest shall be submitted to the Engineering
Division. The title report account shall remain open until the
final map is filed with the County Recorder. An updated title
report/guarantee and subdivision guarantee shall be submitted
ten (10) working days prior to final map approval.
(4) If any public or private improvements required as part of this
map have not been completed by applicant and accepted by
the City, applicant shall enter into an agreement with the City
and shall post the appropriate security. Cost Estimates for all
0i
(14) Applicant shall contribute funds to a separate engineering trust
deposit against which charges can be made by the City or its
representatives for services rendered. Charges shall be in
accordance with the established fee schedule.
(15) Applicant shall provide digitized information in a format defined
by the City for all related plans, at no cost to the City.
(16) All activities/improvements proposed for this project shall be
wholly contained within site boundaries. Should any off-site
activities/improvements be required, approval shall be obtained
from the affected property owner and the City as required by
the City Engineer.
(17) The applicant shall replace and record any centerline ties and
monuments that are removed as part of this construction with
the Los Angeles County Public Works Survey Division.
(18) The project shall be submitted to the Engineering Division for
traffic circulation review and approval. Upon review, any
changes that may be requested, for example, the median at
the entrance along Golden Springs Drive may need to be
moved out of the right-of-way, shall be performed prior to
issuance of the certificate of occupancy.
(19) Protective fencing/barrier shall be installed along the top of
slope of the roadway south of the building to protect pedestrian
access. Additionally, protective fencing shall be installed atthe
top of the retaining walls as additional protection for
maintenance along the slopes. Vehicular barriers, such as
bollards, shall be installed to protect vehicles traveling along
the roadway at the top of slope.
(20) Street/Right-of-Way Dedications along Golden Springs Drive
and Grand Ave. shall be approved bythe City Engineerpriorto
issuance of grading permits.
(21) Retaining wall design and calculations shall be submitted to
the Public Works/Engineering division for review and approval
concurrently with the grading plan check.
Gradin
(22) Grading of the subject property shall be in accordance with the
California Building Code, City Grading Ordinance, Hillside
Management Ordinance and acceptable grading practices.
11
geology reports. All remedial earthwork specified in the final
report shall be incorporated into the grading plans. Final
grading plans shall be signed and stamped by a California
registered Civil Engineer, registered Geotechnical Engineer
and registered Engineering Geologist and approved by the City
Engineer.
(26) A Standard Urban Stormwater Management Plan (SUSMP)
conforming to City Ordinance is required to be incorporated
into the grading plan and approved by the City Engineer. The
applicant shall incorporate Structural or Treatment Control
Best Management Practices for storm water runoff into the
grading plans for construction and post -construction activities,
respectively.
(27) All slopes in excess of five (5) feet in height shall be seeded
with native grasses or planted with ground cover, shrubs, and
trees for erosion control upon completion of grading or some
other alternative method of erosion control shall be completed
to the satisfaction of the City Engineer and a permanent
irrigation system shall be installed.
(28) An erosion control plan shall be approved by the City Engineer.
Erosion control plans shall be made in accordance to the City's
NPDES requirements.
(29) No grading or any staging or any construction shall be
performed prior to the project map approval by the City Council
and map recordation. All pertinent improvement plans shall be
approved by the City Engineer prior to approval by the City
Council.
(30) Submit a stockpile plan showing the proposed location for
stockpile for grading export materials, and the route of
transport.
(31) Prepare a horizontal control plan and submit concurrently with
the grading plan for review and approval.
Drainage
(32) All drainage improvements necessary for dewatering and
protecting the subdivided properties shall be installed prior to
issuance of building permits, for construction upon any parcel
that may be subject to drainage- flows entering, leaving, or
within a parcel relative to which a building permit is requested.
13
flows as may be required by the City Engineer, WVWD and
Fire Department.
(40) The applicant shall provide separate underground utility
services to each parcel per Section 13.04.380 of the City
Code, including water, gas, electric power, telephone and
cable TV, in accordance with the respective utility company
standards. Easements required by the utility companies shall
be approved by the City Engineer.
Sewers
(41) Applicant shall submit a sanitary sewer area study to the City
and County Engineer to verify that capacity is available in the
sewerage system to be used as the outfall for the sewers in
this land division. If the system is found to be of insufficient
capacity, the problem shall be resolved to the satisfaction of
the County Engineer.
(42) Each lot/parcel must be served by a separate and independent
sewer lateral. Sewer laterals shall be constructed in
accordance with the Los Angeles County Department of Public
Works Standards.
(43) Applicant shall obtain connection permit(s) from the City and
County Sanitation District prior to issuance of building permits.
The area within the project boundaries shall be annexed into
the County Consolidated Sewer Maintenance District and
appropriate easements for all sewer main and trunk lines shall
be shown on the detailed site plan and offered for dedication.
(44) Applicant, at applicant's sole cost and expense, shall construct
the sewer system in accordance with the City, Los Angeles
County Public Works Division and County Sanitation District
Standards prior to occupancy.
Traffic Mitigations
(45) All traffic mitigations shall be implemented and constructed in
accordance with the Development Agreement and Conditions
of project approval for the Diamond Bar Village Specific Plan
prior to issuance of the certificate of occupancy
15
(11 } -All restaurants shall be equipped with grease interceptors. All
food establishments shall obtain County Health and
Environmental waste permits.
(12) Submit grading plans showing clearly all finish elevations,
drainage, and retaining wall locations.
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: Target Corporation, 1000 Nicollett Mall,
Suite TPN -12F, Minneapolis, MN 55403
APPROVED AND ADOPTED THIS 26th DAY OF APRIL 2005, BY THE PLANNING
COMMISSION OF THE CITY OF DIA MO R
j
BY::"_�
Joe McManus,. Chairman
I, J�mXs DeStefano, Planning Commission Secretary, do hereby certify that the foregoing
Res6lution was duly introduced, passed, and adopted by the Planning Commission of the
City of Diamond Bar, at a regular meeting of the Planning Commission held on the 26th
day of April 2005, by the following vote:
AYES: Commissioner:
NOES: Commissioner-
ABSENT:
ommissioner
ABSENT: Commissioner:
ABSTAIN: Commissioner:
Tanaka, Nolan, Tye, V/C Low, Chair/McManus
None.
None.
None.
c
ATTEST:
JLames DeStE fano, ecretary
17
INTEROFFICE
MEMORANDUM
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
TO: The Planning Commission �r
FROM: Nancy Fong, Community Development Director t
MEETING April 24, 2007
DATE:
SUBJECT: Art in Public Places — Review and Update
For the benefit to bring the current Planning Commission up to date, attached are
copies of staffs reports to the Planning Commission and City Council that include the
background of research associated with preparing a program for the City. Also attached
is a copy of the "kick-off' Art in Public Places Subcommittee Agenda dated
September 12, 2006.
City Council has expressed their opinion that an Art in Public Places program is not yet
ready to come to full fruition. The Council raised opposition in establishing a condition
that would require developers to finance art work on their proposed projects, etc.
Establishing a full workable program requires further research and the Council feels that
at the present time the City is concentrating on extreme high profile projects that utilizes
staff resources to the fullest and has directed staff to postpone research on the matter.
Attachment:
Planning Commission Staff Report dated January 24, 2006
City Council Staff Report dated July 18, 2006
Art in Public Places Subcommittee Agenda dated September 12, 2006
MEMORANDUM
DIAMOND BAR
COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT
TO: Chairman and Members of the Planning Commission
FROM: Nancy Fong, Interim Community Development Director
BY: Sandra Campbell, Contract Senior Planner
MEETING January 24, 2006
DATE:
SUBJECT: Art in Public Places Issue Paper
Background
The Planning Commission has expressed an interest in establishing an art in public places
program. This type of program involves the incorporation of artworks into new
development projects in publicly accessible places within the City. This report discusses
issues associated with preparing an art in public places program for the City.
Review of Programs in Other Cities
To understand how these programs work, staff reviewed a number of art in public
places ordinances and programs in various cities within the Los Angeles area. Some of
the most well-known programs include those in the cities of Brea, Claremont, Rancho
Cucamonga, Laguna Beach and Pasadena. All of these programs were included in the
background research. The attached table presents a comparison of the various
components of each city's art in public places program.
Most programs are generally very similar in that they apply to all new commercial and
industrial projects that exceed a certain valuation and to new residential projects that
exceed a certain number of units. The fee requirements are also similar in that most
cities require a fee of 1% of the project valuation be applied towards public artwork.
Claremont reduces the fee to '/z% for residential projects. These types of programs are
often referred to as "percent for art" programs.
Page 1 of 3
A notable exception to the norm is the City of Rancho Cucamonga. The city has a
program that applies only in the Haven Avenue Specific Plan area which is a major
gateway into the city. In this area, the specific plan allows an applicant to reduce the
landscape requirement by five percent if public art is provided in a publicly accessible
area on the project site.
Discussion:
An art in public places program would provide a benefit to the City by providing more
interesting public places and fostering community appreciation of art. Although most
programs are generally very similar, the details of the program allow the City to tailor it
to meet community goals and needs. Some of the various program options are
discussed below.
1. Applicability:
One of the important aspects of a program is what type of projects will be subject
to the requirements of the program. Most cities reviewed required all new
development projects over a certain value be required to provide a public artwork
piece. The City may also opt to apply the program citywide or only in specific
project areas, e.g., gateways to the City, parks, or highly visible areas such as
median islands of arterial boulevards.
2. Fee Requirements:
Fee requirements are an important aspect of an art in public places program. As
mentioned previously, most cities require that a developer devote 1% of the
value of a project to public artwork. These types of ordinances are often referred
to as "percent for art" programs. However, other options are available such as
the case with Rancho Cucamonga which allows a developer to provide public
artwork in exchange for a reduction in the amount of required landscaping.
3. Funds in Trust:
Provisions for In -lieu contributions are also included in many city ordinances.
These allow a developer to pay into a fund maintained by the City if the
developer chooses not to provide artwork on the project site.
4. Types of Artwork:
Another component of an art in public places program is the type of art that is
permitted. Often cities allow only permanent artwork such as sculpture to be
provided by the developer. Some ordinances are more liberal in the types of
artwork and can include a variety of types of artwork such as sculpture; paintings,
drawings and prints; and other types of media such as photography and
cinematography exhibits.
Page 2 of 3
5. Arts Commission:
When a proposed project is subject to the requirements of an art in public places
program, some cities establish a process that allows the City to review the
artwork before it is installed. The review requires a developer to submit an
application for the desired type of artwork to the City for review and approval.
Most public art ordinances designate a commission with expertise in art to review
and make decisions on applications for artwork. Developing guidelines on
selection of artists and artwork will assist the commission or board in reviewing
artwork applications.
Fiscal Impact:
With a "percent for art" program, the developer assumes the cost involved in hiring an
artist, and construction and installation of the artwork. The City would incur costs mostly
for staff time spent on reviewing applications and preparing reports for the board or
commission that reviews the artwork.
A percent for art program may have some negative impacts on developers in that it
would be an additional cost of development in the City. Developers may view that cost
as a deterrent to doing business in the City.
However, an art in public places program could also be a way of improving the visual
quality of public areas within the City and result in an improvement in the City's overall
image. This may have the indirect effect of leading to more high quality development
within the City.
Recommendations:
Staff recommends that the Planning Commission discuss the merits of implementing an
art in public places program and the various options for the program. After discussion,
the Planning Commission should then decide on a recommendation as follows:
Direct staff to amend the Design Guidelines to include criteria for
placement of art and continue to extract art through the entitlement
process for Commission review and forward to City Council for approval
through a resolution; or
2. Recommend that the City Council direct staff to further study the
implementation of an Art in Public Places Program.
Attachment: Table Summarizing City Art in Public Places Programs
Page 3of3
= O U
Co N c E
E
O
s o
>c3Q.
�� v0 Uo
0_o
C:c
U -
>� Q
O
C CD j '0—
C j3 O >' O
>.
- 11 �. U
N (D
c) MO a
Q. O
co
U N (D
(6 p>
U ` •�
•(D
V>
u�
U
t= N v Q` o
O o '.- 2.10
O
o y
O Ci CO a N Q U
J C1 Q >
c
tC' Co
-c
Co
V
r' Q y yo c C
a o
Co N c E
E
o..
° o N
°E aci�mco
s o
>c3Q.
�� v0 Uo
0_o
C:c
c CL >0 o T�'�
N 0
Q
Qt �, N C coE
c E o aciaV m vo,aJO.G
= c E m s-0
Mn N
L O
C U E O E_ N
R U .� Co Co 0 0 Q' O 3 O E
V 7 Co C !n Q
o C6 = N (o
y
E U U N E m "~ C
E
'> V
> 7 U p)
N> Q-> > QCD U
c C>
O o o N O 7d
�
G o- U F -OO Q Q -@ L y�
Q—@
Q U U U a LL y� Q
#=
N a
r N
co 7 CD C w
Em0°cE
N @ y - N
a c
O Q
Co (� ch O O c
N
N
N L N N E
>+ O o U
O'er y o C N N
(6 Q- -Y
E(D 0
-0-0 O E
a oai>_c
m a
mss;- mn._
T,o
C
- C
M (o O c
�f
O Y C O
co C O y
U L] to
0 cu
ca
Y N
cCl.LL
@_ O : p y j N
CU E "-'
c E a O CD CV d
(D
_� TSL. cOA N
` o co o U H O Co Co C y
OcD�a�EEN
maC,
QA'd' • • •
• • • • •
c
�Im,
a
c
tC' Co
-c
Co
O U C
CD
i
` .@
C6
C _` O
c... 0 d w _'� N
O E y
d fid,, p N Co
Ln oC 3
o
O =p E j . O y o O
0 N O a N d
3 CO
,N cn IM
C O O
co 0
Q U (d 0 U
' fs N 7 -p o f
OL N •• O
@
a U N@� C c 0 �' C O
m C N
co >O O O o 0 0 p E a d
o o
O E C6 O
'�
_ _
N y _
4I @ '3 CSA N C N V C O �>
@ 0 O>—
V Q� -2 C:
E y U U O U U LU Cl a L O 5 Htt-5 N@
N
E T; CD N Co U E
U) O ? m t!D
E X o o O c .O N O C> X C o X o
O ' - CCD L Z Co C2 F/3 (n @ O CD (N N U
O�
❑N U
o3nea
. . •
D E
@ 0
CD
C>.
O O N
do >n
O L N
N O o G y O
U a 4- N
ti)._
o U L C
O O'er E N E O O
-a y C y C y
.Q
W
O
>
C E
Q� E> .o Q- G - E U d C Q m
m N U o Q m a u- N L U -O U co U m
Q f;T7N
M �t
3 L
TY N Co
a O T
) 6
Gm
O'
Q O coNCO V
U
o � p m
fl
U
tri ;
N D-= c
vmo0D
U U Q
5;
is r N N L
GY N N Q. O
N, 7 y� y � O p U_ CD
Y' _
D I- —� Q> o 0 o f
L
vi Q U E a w
uc
a ;
>
-
o -00 L
C L O O =3
@
L
N>
p O 7 0 O N
m U (o m
GU
O
�'
U_ _ O V_ >N._ O 7 O
NNE @ �L"
O
Co
co G
ON
o
>
MO
u.;
OL 5,0
wOQ
oo0 E E $yECL
QO� o o E
0-
O4)' mL L UQ 63
a) 0
m
INTEROFFICE
MEMORANDUM
TO: The Planning Commission
COMMUNITY & DEVELOPMENT SERVICES
PLANNING DIVISION
FROM: Nancy Fong, Community Development Director
MEETING July 25, 2006
DATE:
SUBJECT: Art in Public Places — City Council's Consideration
The City Council was presented with the Planning Commission's recommendation to
adopt policies, goals and criteria that would promote art in public places. Attached is a
copy of staffs report which was presented to the City Council at its regular meeting on
July 16, 2006.
Attachment: City Council Staff Report
Agenda # 8.4
Meeting Date: July 18, 2006
CITY C',OUNCIL, H� 9� AGENDA REPORT
r98
TO: Honorable Mayor and Members of t e City Council
VIA: Linda C. Lowry, City Manager
TITLE: Consideration of Planning Commission's Recommendation of Art in Public
Places
RECOMMENDATION
The Planning Commission recommends the City Council direct staff to amend the General Plan and the
Development Code to adopt policies, goals and criteria that promote public art as a part of the
entitlement process.
FISCAL IMPACT
There is no fiscal impact related to amending the Development Code in this manner. The developer
assumes all costs to provide artwork as part of the entitlement process.
BACKGROUND
At the request of the Planning Commission, staff conducted research and prepared a report on public art
programs by other cities within the Los Angeles .area. All of the programs surveyed made public art a
requirement of new development. At the February 14, 2006 meeting, staff presented to the Planning
Commission two types of public art programs. The first example, similar to the City of Brea's Art in Public
Places program requires the developer to spend approximately 1 % of the total construction costs for a
specific art piece. In this type of program the City could select the specific art piece to be erected or may
review and approve specific artwork. This process is cumbersome to the developer and can require
substantial staff time.
The second option for a public art program requires a developer to provide on-site artwork as part of
their project through the entitlement process. The art work is incorporated into the development review
process and is less stringent than the more regulatory process outlined above. In order to accomplish
this type of project, the Development Code needs to be amended to provide the Community
Development Director or City Manager with the authority to require public art as part of a large
development project. This is the option that is recommended by the Planning Commission and City
staff.
DISCUSSION
rA
3
Current General Plan Obiectives and Development Code Section Relating to Public Art:
The City's General Plan presently contains a general reference to a public art program. In the
Land Use Element, objective 3.1.4 states that the City should, "Consider a program to place art at
prominent locations throughout the City of Diamond Bar."
The Development Code also contains a section on the provision of public art within pedestrian
open space. Section 22.16.070 provides incentives and requirements for pedestrian -oriented
open space and amenities such as public art. According to that code section, when a developer
provides public art, the City may provide bonuses such as a height increase and additional lot
coverage over the maximum for projects involving shopping centers over one acre and
remodeled centers over five acres.
Planning Commission Discussion and Recommendation:
At the February 14, meeting, the Planning Commission generally supported the idea of a
requiring public art as part of the entitlement process for new development within the City. The
Commission agreed with staff that to implement a public art program, the General Plan should
include additional information on why public art is important to the City, goals and objectives for
the program and information on how the program should be implemented and funded. Secondly,
the Development Code would need to be amended to include the public art requirements that
cant' out the goals and objectives of the General Plan.
Prepared By Sandra Campbell
Contract Senior Planner
—Re viewedNancy F ng, AICP
Communit ent Director
Reviewed By David e
Assistant City Manager
Attachments: February 14, 2006 Planning Commission Memo and minutes
Table Summarizing City Art in Public Places Programs
MEMORANDUM
DIAMOND BAR
COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT
TO: Chairman and Members of the Planning Commission
FROM: Nancy Fong, Interim Community Development Director
By: Sandra Campbell, Contract Senior Planner
MEETING January 24, 2006
DATE:
SUBJECT: Art in Public Places Issue Paper
Background
The Planning Commission has expressed an interest in establishing an art in public places
program. This type of program involves the incorporation of artworks into new
development projects in publicly accessible places within the City. This report discusses
issues associated with preparing an art in public places program for the City.
Review of Programs in Other Cities
To understand how these programs work, staff reviewed a number of art in public
places ordinances and programs in various cities within the Los Angeles area. Some of
the most well-known programs include those in the cities of Brea, Claremont, Rancho
Cucamonga, Laguna Beach and Pasadena. All of these programs were included in the
background research. The attached table presents a comparison of the various
components of each city's art in public places program.
Most programs are generally very similar in that they apply to all new commercial and
industrial projects that exceed a certain valuation and to new residential projects that
exceed a certain number of units. The fee requirements are also similar in that most
cities require a fee of 1% of the project valuation be applied towards public artwork.
Claremont reduces the fee to 1/2% for residential projects. These types of programs are
often referred to as "percent for art" programs.
Page 1 of 3
5. Arts Commission:
When a proposed project is subject to the requirements of an art in public places
program, some cities establish a process that allows the ' City to review the
artwork before it is installed. The review requires a developer to submit an
application for the desired type of artwork to the City for review and approval.
Most public art ordinances designate a commission with expertise in art to review
and make decisions on applications for artwork. Developing guidelines on
selection of artists and artwork will assist the commission or board in reviewing
artwork applications.
Fiscal Impact:
With a "percent for art" program, the developer assumes the cost involved in hiring an
artist, and construction and installation of the artwork. The City would incur costs mostly
for staff time spent on reviewing applications and preparing reports for the board or
commission that reviews the artwork.
A percent for art program may have some negative impacts on developers in that it
would be an additional cost of development in the City. Developers may view that cost
as a deterrent to doing business in the City.
However, an art in public places program could also be a way of improving the visual
quality of public areas within the City and result in an improvement in the City's overall
image. This may have the indirect effect of leading to more high quality development
within the City.
Recommendations:
Staff recommends that the Planning Commission discuss the merits of implementing an
art in public places program and the various options for the program. After discussion,
the Planning Commission should then decide on a recommendation as follows:
Direct staff to amend the Design Guidelines to include criteria for
placement of art and continue to extract art through the entitlement
process for Commission review and forward to City Council for approval
through a resolution; or
2. Recommend that the City Council direct staff to further study the
implementation of an Art in Public Places Program.
Attachment: Table Summarizing City Art in Public Places Programs
Page 3 of 3
t�; m o
L
m.0 00
O
:: Co
to 3Em .+ -U
Co E
0 ED o> CL
iO CO U Q U QmO mQQQ> 0.of
•j`� aI N U
w- N y U m 0 m C E
F 0
n E � � � c n � � � Q � o U �
C<
' y C` O m C — CAV U C O d y U O fA O C E Q' -0 .O 0
Co
-. � ��o� a'y3>o`-a�'iEc LEcmic3i6 EEm ,mac
>'.. 3_3U > co c. m Q¢ v o E E c c> n o L
d Q 3 m m m 'O m 0-
CL m y Q V U U 'm0 UO.. vi N Q`
yQ Q C IGUw�OQQ L m�- N
m = m
m
C
_ [0 0 N C y .0 O O co
.mto O CO C .� >+
C V N �+ D m C C
Q N d -
to O0 7
° m
Co y 0 o C m p QE
N 4 00
N :0 ECU
c C Y _ O co p o s
\ -'N m
.0 0 0 m > m
2 Q— C
L N 3 (L6 a)LL 'm0 m C v3
{ �4
-0O
m
>, ca m N m O w c
C: cL c
m O 3 Y O (a y 0)
C C6 Y C O ty.> y 3 p C L C 0@.0 � 0
_ to m E Y E y .50 O >+� co co O m� O� N j m�
L 3 E
E `a O m m N L m U
E
cm
0- m Oc m E E N m m
a
C
�.. C co m
F O U 0 0)__O L m' 0 C
3 .
re R oc`ia OEM oE�No 0
;za u 7 0 N o 3 m m O13 NID
Q r U> -0 Q• > �•- U C U L
r= O) `c) C N 02
C C O O O i ` COO U
Q m 0-0 o f , -a �. .t) m N m C C C a C
3 c 'a 0 m 3 '= O m m > �- E N O O map ` .E d
-c o n m �„ E 3 rn o m is
m CL 3 C — N O y N O- y `�. 0)—
U..
l _
U .@ E f�a �a O m 3 C w U C U p ? m Ef} 0- m 4_. C N
a� �° c o oma= E � m �o � m �-0 -o-p p aa" ED —6
C E m m m aoi E o� x oo w'o m e 0c4 3 c> x c o x ca
; .. E�:v_>=. �n UcEE.IC045 ��coom H�mU
o•a N� = OL
IN
E.k amci o
E E
ED
n �.�' ca ° m
tizkr
.
OxY~
U C
=
_O
�. w -
O O N
O`
3 C V
31
a O > o -
,x
.;,
o f° N
0 �0C0 o Q m
0 h CL 0 U a L �O O
''
U �O m m `�- Q N 0 U =' p V
oa E p Q.
"r
E m a 7
ep�uti
d co O - O> O O> > Cl
v E OU o E , U o� o ea
ani
,- Q O
Q O N Q
j C M 0 3> m= O O- C
Q co N U Q m QIL N a.- U a CU c6 U W w
CD
ma0-0
N C
O_ O Na)
C
a) a ;. M
Q;tf •{
ca — -r-
r-acaoo
16;;,fc•
'D M 0 a
C O D U Q
Y. ?'i:
3 w
O 0.—
7)1,
N N O• p
O
=30)._
O D) U_U
•CM
d O >
@:E 7 C
Co y OpLU N O
.:..
cd w
4 o• U u1 :� C: E
rx
U� GY
N
>
;s
Z4, F
C C �- m O 3
O p 3 o O
�5 ?:
N>
N
_O
[B v IB > N w C U
t;*
y.t
EooL
0
S ood
y O
> N
m .N. O O y 01 N m m
w`
QUo
E `° o °)
E� a� y E p.o� E
=►7Eo
o�
Eo-s�iUSO���a)U�am�ooU
Ovo oQ-U-X000 mo"
ca
-'p)
N
e
J CM
ffiDRAFT
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 14, 2006
CALL TO ORDER:
Chairman McManus called the meeting to order at 7:02 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Kwang Ho Lee, Dan Nolan Tony Torng,
Vice -Chairman Ruth Low and Chairman Joe McManus
Also present: Nancy Fong, Interim Community Development Director;
Bradley Wohlenberg, Assistant City Attorney; Ann J. Lungu, Associate Planner,
Milan Garrison, Contract Planner; Sandra Campbell, Contract Senior Planner and
Stella Marquez, Senior Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of January 10, 2006 — Approved as
corrected with C/Nolan abstaining.
4.2 Minutes of the Regular Meeting of January 24, 2006 — Approved as
submitted with VC/Low and Chair/McManus abstaining.
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARING(S):
7.1 DEVELOPMENT REVIEW NO. 2005-15 AND MINOR VARIANCE
NO. 2006-03 — In accordance to Chapters 22.48 and 22.56 of the City of
Diamond Bar Development Code the applicant requested approval of plans
to construct a new three-story single family dwelling of approximately 9,288
FEBRUARY 14, 2006 PAGE 3 PLANNING COMMISSION
PROJECT ADDRESS: 3121 Steeplechase
Lot 3 of Parcel Map 23382
(APN 8713-017-112)
Diamond Bar, CA 91765
PROPERTY OWNER: Arun and Indira Jain
20825 Quail Run Drive
Diamond Bar, CA 91789
APPLICANT: Pete Volbeda
615 N. Benson Avenue
Upland, CA 91736
Milan Garrison, Contract Planner, presented staffs report and recommended
Planning Commission approval of Development Review 2005-37, Minor
Variance 2005-10 and Minor Conditional Use Permit 2006-02, Findings of
Fact, and conditions of approval as listed within the resolution.
CP/Garrison responded to VC/Low that the apparent discrepancy in the size
of the driveway was because the site entry at the east and west entrances
were 20 feet wide at the turn into a half -circle and staff recommended a
reduction from 20 feet to 12 feet to provide additional landscaping to meet
the 50 percent requirement. A width of 14 feet is the maximum allowed at the
half -circle area and staff is recommending that it be' reduced to 12 feet to
reduce the amount of paving in the front yard area.
C/Tomg asked if it was normal to seek Planning Commission approval prior
to the applicant receiving approval from `The Country Estates" Homeowners
Association and ICDD/Fong responded that it was not unusual even though
staff would prefer that the applicant get conceptual approval from the
association before the Planning Commission's review of the project.
CP/Garrison stated that in this case staff received confirmation that `The
Country Estates" Homeowners Association approved the project.
VC/Low said she was interested to know the height of the attic and the
purpose of having an attic in this development. CP/Garrison asked VC/Low
to address her question to the applicant.
PC/Garrison explained to C/Lee that the 4800 cubic yards of fill was derived
from the grading plan provided by the applicant. Staff inserted the larger
amount because upon review by staff it was determined that slightly more fill
would be required to create the graded pad to comply with current code
lip
FEBRUARY 14, 2006 PAGE 5 PLANNING COMMISSION
The engineering data and technical information should not be relevant to the
decision because it is an aesthetic question if the City wants to allow the
applicant to exceed the height limit. Based on the City's standards for.
granting a variance which are outlined in staff's report, the height limit is an
aesthetic limit that affects the appearance of the neighborhood and one
should assume that the project would be properly engineered according to
the City's' Code. C/Lee said he was confused about what information he
should use to make his decisions.
C/Nolan said he had sufficient information to move forward and would like for
the applicant to make his presentation. Chair/McManus said that if
Commissioners wanted to review the technical aspects of a project they
could ask staff for a copy of the plan check drawings.
Pete Volbeda, applicant, said he had built several houses in "The Country
Estates." This particular lot requires more fill due to the existing condition of
the lot. The reason for the variance request is because the pad is lower and
the intent is to hide the garage from street view that necessitates a driveway
in front of the house and creates the need for a taller retaining wall at the
corner. If the higher retaining wall were disallowed it would necessitate
moving the house further down on the lot and create more fill. This is the first
step in acquiring a number of approvals in order for the project to move
forward. If the Planning Commission failed to approve the variance there
would be no need to provide plans and specs for a seven -foot wall. In
addition, the applicant intends to screen the walls in accordance with staffs
conditions.
Mr. Volbeda stated that with respect to the attic space, the owner may at
some point wish to convert the attic to a living area. In that case, the
applicant would submit the proper application and drawings through the
Planning Department. At this point in the project the space will be an
unfinished attic.
Mr. Volbeda responded to C/Nolan that he had built more than 20 homes in
"The Country Estates."
VC/Low asked if Mr. Volbeda intended to leave the tree in place and build
around it. She asked if the tree was on the applicants or neighbors property.
Mr. Volbeda responded that the tree was on the neighbor's property and that
part of the parcel conditions for splitting the three lots included maintenance
of the oak tree. The tree appears to him to be thriving and he said there
would be no construction near the tree.
FEBRUARY 14, 2006 PAGE 7 PLANNING COMMISSION
VC/Low stated that with some of the issues voiced during the discussion of
this item page 6 of the Draft Resolution - subsections (n) and (o) clearly
referenced the criteria for granting a Minor Variance.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Nolan, Lee, Torng, VC/Low,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS:
VC/Low wished everyone a Happy Valentine's Day.
C/Torng said that many residents have asked him aboutthe progress of the Country
Hills Towne Center and asked staff for an update. He wished everyone a Happy
Valentine's Day.
C/Lee thanked ICDD/Fong for her help and wished everyone a Happy Valentine's
Day.
9. STAFF COMMENTS AND INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
ICDD/Fong reported that she met with Mike McCarthy today to discuss the
conditions of approval and plans for proceeding with the refurbishing of the Country
Hills Towne Center. The applicant intends to submit plans in a timely fashion so that
the supermarket could be fully functional by the end of the year. The new HMart is a
Georgia based company and this location will be the first prototype in California.
There will also be a Starbuck's drive-through. Mr. McCarthy said that he had signed
many letters of interest and was working with existing tenants to retain their
business as well. Mr. McCarthy plans to approach the Planning Commission with a
request for modification to the Conditional Use Permit for the two-story building
because he has acquired enough leases that he needs to build the new building to
relocate some of the existing tenants while he renovates the existing buildings. The
website for HMart is www.hmart.com. The owner of HMart is a Korean family and
the market is a multi-ethnic "World Market" type of business.
FEBRUARY 14, 2006 PAGE 9 PLANNING COMMISSION
specific to the project areas. Adding the words "Formed Based Code" or "urbanism"
would set the tone for developing the Specific Plan.
VC/Low thanked staff for an excellent report. She felt that in spite of the City being
pretty well built out the Formed Based Code could be useful. On the other hand, this
concept was 25 years old and she would not want to push the Form Based Code if
something better came along. ICDD/Fong said that Diamond Bar would most likely
use a hybrid form of the Form Based Code rather than a pure Form Based Code.
She believed that cities should be able to regulate what types of uses would be
compatible with each other as well as compatible to the surrounding area.
TCDD/Fong responded to C/Torng that from a public purpose (quality of life)
standpoint Form Based Codes were established as a tool prescribed to a Specific
Plan so that cities could describe what form and architectural style the buildings
should take on, where the buildings should be placed, what kind of pedestrian
connections should be included and what kind and size the plaza areas should be to
attract pedestrians to remain and enjoy the environment. She pointed out that The
Groves on Third Avenue in Los Angeles is a very vibrant area with lots of pedestrian
traffic and it would be that type of atmosphere that Diamond Bar would seek to
create for its residents and using the Form Based Code it would be feasible to
prescribe that kind of environment. ICDD/Fong indicated to C/Torng that the
approval process would remain the same as it is today.
9.3 Art in Public Places
TCDD/Fong presented the Commission with a report including a chartthat compared
several cities from Brea and Claremont to Laguna Beach, Pasadena and Rancho
Cucamonga. Art could be obtained through a prescribed program. For example,
Brea requires that each project of a certain value would have to contribute a specific
amount of money. Another way of acquiring art is through the entitlement process
on a project -by -project basis: For example, if the City has something in its design
guidelines or General Plan Goals and Objectives to encourage the placement of art,
the City could, through entitlement — a Conditional Use Permit, condition the
Country Hills Towne Center to place an art piece within the project site. The Brea
concept is for any project that exceeds a certain value contributes one percent
toward art in public places. The question is whether the City is attempting to achieve
a "public purpose" and how does the City define that "public purpose." Obviously,
the "public purpose" is for aesthetics and quality of life that the City wants to
achieve. On the other hand, how would that fiscally affect the development
community because they would have to set aside funds in advance for placement of
FEBRUARY 14, 2006
PAGE 11
PLANNING COMMISSION
VC/Low moved, C/Nolan seconded to forward a recommendation to the City Council
that the City adopt Form Based Code for Specific Plans and that policies and goals
be incorporated for an "art in public places" program. Motion carried bythe following
Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
VC/Low, Nolan, Lee, Torng,
Chair/McManus
None
None
ADJOURNMENT: With no further business before the Planning Commission,
Chair/McManus adjourned the meeting at 8:00 p.m.
Respectfully Submitted,
Nancy Fong
Interim Community Development Director
Joe McManus, Chairman
City of Diamond Bar
L
�1-111.
ART IN PUBLIC PLACES SUBCOMMITTEE
AGENDA
September 12, 2006
6:00 P.M.
City Hall
Conference Room B
21825 Copley Drive
Diamond Bar, CA 91765
Members: Lew Herndon, Ruth Low, Steve Nelson, Tony Torng
I. Call to Order.
II. Kick off discussion.
IV. Adjourn.
Art in Public Place (AIPP):
a. General Plan Goals, Objectives and Strategies
b. Establish AIPP Program goals:
• Examples from Cities of Oakland, Brea, Emeryville, and Laguna Beach
• "Create a sense of identity for the city"
• "Create a unique place, a destination, a focal point for activity, a meeting
place and a landmark"
• "Provide a means for residents and visitors to express, enjoy and
experience cultural diversity through visual arts"
• "Integrate artwork with planning and design of urban landscape"
• "Provide a means to counterbalance the negative effects of development
(e.g. construction noises, traffic congestion, and pollution)'
c. When City requires "Art," and do we allow for development incentives with
contribution of artwork?
• Add Standard and Design Criteria in Development Code such as the
following:
• Site planning — building configuration and placement shall create
opportunities for plazas, courtyards and other landscaped open
spaces.
• Design pedestrian plazas, courtyards, etc., to create an attractive,
comfortable and functional setting with a "sense of place. The use
of water features, covered walkway, kiosks, and public art are
encouraged within the plazas.
• All new development over xx acres is required to provide one
significant piece of art.
d. What is "Art"? Define — original artwork, monumental sculpture, water features
and fountains, murals, etc.
e. Permanence and materials
f. Placement — indoor, outdoor, private or public places
g. Maintenance
h. Donation of Artwork and funding for artwork from corporations or non-profit group
i. Who administer program?
PLANNING COMMISSION
AGENDA REPORT
21825 COPLEY DRIVE -- DIAMOND BAR, CA 91765 -- TEL. (909) 839-7030 -- FAX (909) 861-3117 — www.CityofDiamondBar.com
AGENDA ITEM NUMBER:
MEETING DATE:
CASEXILE NUMBER:
PROJECT LOCATION:
APPLICATION REQUEST:
PROPERTY OWNERS:
APPLICANT:
7.1
April 24, 2006
Conditional Use Permit No. 2006-18
2775-A Diamond Bar Blvd
Diamond Bar, CA 91765
To change the hours of operation to an
existing Music Studio within an existing
shopping center identified as Country
Hills Town Center.
Country Hills DB, LLC
9595 Wilshire Blvd, Suite 214
Beverly Hills, CA 91765
Ara Cho
22556 Birds Eye Drive
Diamond Bar, CA 91765
STAFF RECOMENDATION: Approve
BACKGROUND:
On November 14, 2006, the Planning Commission approved a Conditional Use
Permit 2006-18 for SOMA Music Academy, a music school located at Country Hills
Town Center. The applicant, Ara Cho, requests changing the hours of operation to
allow classes in the morning for winter, spring and summer breaks.
ANALYSIS:
A. Review Authority (Section 22.78)
Any modifications to the approved Conditional Use Permit require Planning
Commission approval.
B. Site and Surrounding General Plan, Zoning and Uses
C. Conditional Use Permit (Section 22.58)
The Conditional Use Permit provides a process to review the effects of a
specified use allowed in various zoning district on the surrounding area and to
ensure that the proposed use will protect the public health, safety and
welfare. According to the Development Code, any modifications to an
approved Conditional Use Permit require Planning Commission approval.
2
General Plan
Zone
Uses
Site
General
(C-2)
Community
Commercial
Commercial
North
Low/Medium
R-1-7,500
Single Family
Density Residential
Residential
South
Rural Residential
R-1-20,000
Single Family
Residential
East
Low/Medium
R-1-7,500
Single Family
Density Residential
Residential
West
Low/Medium
R-1-7,500
Single Family
Density Residential
Residential
C. Conditional Use Permit (Section 22.58)
The Conditional Use Permit provides a process to review the effects of a
specified use allowed in various zoning district on the surrounding area and to
ensure that the proposed use will protect the public health, safety and
welfare. According to the Development Code, any modifications to an
approved Conditional Use Permit require Planning Commission approval.
2
1. Business Description
The existing music school occupies a 1,040 square foot unit between
Red Nail & Spa and a vacant unit at Country Hills Town Center. SOMA
Music Academy currently operates Monday through Saturday between
the hours of 2:00 p.m. to 9:00 p.m. Monday through Friday, and 8:00
a.m. to 9:00 p.m. on Saturdays. The Business owner is proposing to
change the hours of operation Monday through Saturday between the
hours of 8:00 am to 9:00 pm to accommodate patrons during school
breaks such as summer, winter, and spring and to offer more classes for
the expansion of the business.
2. Operational Characteristics
Days of Operation
Monday —Saturday; Closed Sundays
Existing
Proposed
Monday through
Monday through
Friday:
Saturday:
Hours of Operation
2:00 pm to 9:00 pm
8:00 am to 9:00
Saturday:
pm
8:00 am to 9:00 pm
Peak Hour of Operation
3:00 pm to 6:00 pm
12:00 pm to 6:00
m
Number of Class Per Business Day
8
8
Time Frame Per Class
50 minutes
50 minutes
Number of Students Per Class
1
1
Age of Students
4 to 18 years old; Kindergarten through
twelve grades students are main target
Number of Teachers/Employees
8 teachers (including owner) and 1
receptionist
Vehicles Used For Business
None
Special Events/Exhibitions
None
3. Parkinci
According to the Development Code, five parking spaces are required
for SOMA Music Academy, based on one parking space for each 200
square feet of the 1,040 square feet unit occupied plus one vehicle for
each employee. As shown in the above table, the music lesson is one
student per teacher. Further, the majority of the students are non -driving
age.
3
Based on the type of use/business within the shopping center, such as,
retail, office, services, restaurant, fast food take-out, and medical offices
the number of parking spaces required is 1,002. The existing Country
Hills Town Center has 1,012 parking spaces, which is more than
required; therefore, staff determines that the parking spaces provided at
the shopping center will be adequate to continue to support the change
of hours for SOMA Music Academy.
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act (CEQA),
Section 15301(e), the City has determined that this project is categorically exempt.
NOTICE OF PUBLIC HEARING:
Public hearing notices were mailed to property owners within a 500 foot radius of the
project site and the notice was published in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers on April 13, 2007. A notice display board
was posted at the site, and a copy of the legal notice
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve Conditional Use Permit
No. 2006-18, Findings of Fact and Conditions of Approval as listed within the
attached resolution.
Prepared by: 61
David Alvarez
Planning Technician
Attachments:
1. Draft Resolution;
2. Aerial
3. Exhibit "A" - site plan
n
Nancy Fon AICP
Community ment Director
PLANNING COMMISSION
RESOLUTION NO. 2007 -XX
A RESOLUTION OF THE CITY OF DIAMOND BAR, CALIFORNIA
PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT
NO. 2006-18 A REQUEST TO CHANGE THE HOURS OF OPERATION
TO AN EXISTING MUSIC STUDIO WITHIN AN EXISTING SHOPPING
CENTER IDENTIFIED AS COUNTRY HILLS TOWN CENTER. THE
PROJECT SITE IS LOCATED AT 2775-A DIAMOND BAR
BOULEVARD (APN: 8285-020-050, LOT 14, PARCEL MAP 247-28-31),
DIAMOND BAR, CALIFORNIA.
A. RECITALS
Property owners, Country Hills DB, LLC and applicant, Ara Cho, have filed
an application to modify the hours of an approved Conditional Use Permit
No. 2006-18, for a property located at 2775-A Diamond Bar Blvd, Diamond
Bar, Los Angeles County, California. Hereinafter in this Resolution, the
subject Conditional Use Permit shall be referred to as the "Application."
2. On April 10, 2007, public hearing notices were mailed to approximately 80
property owners within a 500 -foot radius of the project site. On April 13, 2006
notification of the public hearing for this project was provided in the San
Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. In
addition, the project site was posted with a display board and the public
notice was posted in three public places.
3. On April 24, 2007, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct;
2. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt pursuant to Section 15301 (e) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar;
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 an existing shopping center identified as
Country Hills Town Center. The existing use occupies a space
addressed 2775-A Diamond Bar Blvd. The Shopping Center is
approximately 18 acres containing approximately 172,498 square feet
of structure, which accommodates retail, office, commercial, services,
entertainment, and restaurants;
(b) The project site has a General Plan land use designation of General
Commercial (C);
(c) The zoning designation for the project site is Community Commercial
(C-2) zone in which the development standards for Regional
Commercial;
(d) Generally the following zones surround the project site:
North: Single Family Residential -Minimum Lot Size 7,500
Square Feet (R-1-7,500) zone;
South: Single Family Residential -Minimum Lot Size 20,000
Square Feet (R-1-20,000) zone;
East: Single Family Residential -Minimum Lot Size 7,500
Square Feet (R-1-7,500) zone;
West: Single Family Residential -Minimum Lot Size 7,500
Square Feet (R-1-7,500) zone;
(e) Pursuant to Development Code Section(s) 22.58, this application is a
request to modify an existing Conditional Use Permit to change the
hours of operation. The existing site is identified as SOMA Music
Academy.
2
Conditional Use Permit
(f) The proposed use is allowed within the subject zoning district with the
approval of a Conditional Use Permit complies with all other
applicable provisions of the Development Code and the Municipal
Code;
SOMA Music Academy was granted Planning Commission approval
on November 14, 2006 in the C-2 Zone with the approval of
Conditional Use Permit No. 2006-18 and Resolution No. 2006-45.
(g) The proposed use is consistent with the General Plan and any
applicable specific plan;
The project site has a General Plan land use designation of General
Commercial (C) which provides for the establishment of regional,
freeway -oriented, and/or community retail and service commercial
uses. SOMA Music Academy is considered a school/studio use which
is consistent with the General Plan land use designation for the
project site. A specific plan does not exist for the project site or area.
(h) The design, location, size and operation characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity;
The project site is approximately 18 acres and developed with an
existing shopping center of approximately 172,498 square feet of
structure with landscaping and approximately 1,012 parking spaces.
The School/Studio center occupies an existing unit of approximately
1, 040 square feet located at 2775-A Diamond Bar Blvd.
According to the Development Code Section 22.30.030, Table 3-10, it
is required that five parking spaces be provided for SOMA Music
Academy, plus one for each employee. This number constitutes a
worst-case scenario. Studies conducted of mixed-use developments
such as shopping centers, show lower parking needs for the whole
development than the sum of the individual uses due to patrons
visiting a shopping center for multiple purposes.
Considering the current vacancies, uses surrounding the proposed
use, the peak hours and closure of some of the uses at the time
School/Studio classes are offered and patrons' multiple purposes for
visiting a shopping center, and the number of parking spaces
available, staff determines that the parking spaces provided will be
adequate to support the proposed use and existing uses. Therefore,
3
the design, location, size and operation characteristics of the
proposed use are compatible with the existing and future land uses in
the vicinity.
(i) The subject site is physically suitable for the type and density/intensity
of use being proposed including access, provision of utilities,
compatibility with adjoining land uses and the absence of physical
constraints;
SOMA Music Academy, as referenced above in Items (f) and (h),
meets the required development standards for C-2 zone with the
modification of this Conditional Use Permit and as conditioned in this
resolution will be compatible with existing and future land uses.
Provisions for utilities exist at the project site. Access to the shopping
center is an existing and the proposed use does not require access
modification. As a result, the subject site is physically suitable for the
type and density/intensity of use being proposed including access,
provision of utilities, compatibility with adjoining land uses and the
absence of physical constraints
(j) Granting the Conditional Use Permit will not be detrimental to the
public interest, health, safety, convenience, or welfare, or injurious to
persons, property, or improvements in the vicinity and zoning district
in which the property is located;
As referenced above in Items (t) through Q) and previous conditions,
SOMA Music Academy as conditioned herein meets the City's
minimum development standards. Therefore, granting the Conditional
Use Permit will not be detrimental to the public interest, health, safety,
convenience, or welfare, or injurious to persons, property, or
improvements in the vicinity and zoning district in which the property
is located.
(k) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA);
Pursuant to the provisions of the California Environmental Quality Act
(CEQA) of 1970, as amended and the guidelines promulgated there
under, this project is categorically exempt pursuant to Section
15301 of Article 19 of Chapter 3 of Title 14 the California Code of
Regulations.
5. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
Ell
conditions and the attached standard conditions:
Planning Division
(a) The project shall substantially conform to a site plan labeled as
Exhibit "A" dated April 11, 2007, as submitted, amended herein and
approved by the Planning Commission;
(b) Hours of operation and operating characteristics shall be as follows:
Days of O eration
Monday through Sat urda ; Closed Sundays
During School
Summer/Winter/Spring
Breaks
Hours of Operation
Monday through
Friday:
Monday through
Friday:
11:00 am to 9:00 pm
8:00 am to 9:00 pm
Saturday:
Saturday:
8:00 am to 9:00 pm
8:00 am to 9:00 pm
Any changes to the hours and/or days of operation shall be subject to
the Community Development Division review and approval;
(c) This Conditional Use Permit shall be valid only for 2775-A Diamond
Bar Blvd. If SOMA Music Academy moves to a different lot or unit
and/or modifies any section of the approved Conditional Use Permit
shall require termination and a new Conditional Use Permit will be
required forthe new location and/or modification. Both the termination
and new permit shall be processed simultaneously at a duly noticed
public hearing before the Planning Commission.
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: Ara Cho, 22556 Birds Eye Drive, Diamond Bar, CA 91765.
5
APPROVED AND ADOPTED THIS 24th OF APRIL 2007, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
M
Steve Nelson, Chairman
I, Nancy Fong, 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 April 2007, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSTAIN:
Commissioners:
ABSENT:
Commissioners:
ATTEST:
Nancy Fong, Secretary
0
2
is n(ss
S301��0
o O1S pN003S
cr
w
F—
z
w
U:
w�
z�
O`
!- `
c/ °
Ja
JC
2L
c
C
^G
Fn
z
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NUMBER 1-� - 1---,
MEETING DATE: April 24, 2007
CASE/FILE NUMBER: Condition Use Permit No. 2007-05
Plaza Diamond Bar
PROJECT LOCATION: 2040 S. Brea Canyon Road, Suite 240
(APN: 8765-001-007)
APPLICATION REQUEST: Approve Lee's Review and Learning
Center that has been operating without
City approval.
PROPERTY OWNER Plaza Diamond Bar Partners, LLC
3029 Wilshire Boulevard, Suite 202
Santa Monica, CA 90403
APPLICANT: Mr. Jong Hoon Lee
1930 S. Brea Canyon Road
Diamond Bar, CA 91765
STAFFRECOMN ENDATION: Conditionally approve.
CUP 2007-05 Page 1
BACKGROUND:
A. Site Description
The project site is a commercial center of approximately 4.83 acres identified as Plaza
Diamond Bar. The center is a combination of offices and stores built in two phases in
1980 and 1990 under the jurisdiction of Los Angeles County.
Lee's Review and Learning Center has been operating in Diamond Bar since 1997. In
2003, the learning center moved to Plaza Diamond Bar at 2040 S. Brea Canyon Road
without receiving a zoning clearance from the City. In 2005, the building was
destroyed by fire and the learning center moved to another building, 1930 S. Brea
Canyon Road, within Plaza Diamond Bar where it is operating today. Now that the
reconstructed building is ready for occupancy, the learning center wants to move
back.
B. Site and Surrounding General Plan, Zoning and Use
ANALYSIS:
A. Application and Review Authority (Code Sections 22.58 and 22.10.030-Table2-6)
On March 15, 2005, the Council approved changes to the Development Code. One of
the changes requires that a school for non-degreed specialized education and training
obtain the approval of a Conditional Use Permit. The Lee's Review and Learning
Center meets the criteria for this type of school; and therefore requires a Conditional
Use Permit to operate. The Planning Commission is the review authority for the
Conditional Use Permit application.
B. Conditional Use Permit
The Conditional Use Permit provides a process for reviewing the effects on the
surrounding area of specific activities and uses which are allowed in a zoning district.
The process ensures that the proposed use will not degrade protect the public health,
safety and welfare. Additionally, a Conditional Use Permit is valid and in effect with
CUP 2007-05 Page 2
General Plan
Zone
Uses
Project Site
OP (Professional
C-2
Retail, restaurants,
Office)
offices & services
North
PA-4/SP (Planning
RPD -10,000-6U
Residential
Area 4/S ecific Plan
South
RL & OS (Low Density
RPD -10,000-6U
Residential &open
Residential & Open
space
S ace
SR -57 Freeway
East
West
OP & OS
CPD & RPD -10,000-6U
f Residential & offices
ANALYSIS:
A. Application and Review Authority (Code Sections 22.58 and 22.10.030-Table2-6)
On March 15, 2005, the Council approved changes to the Development Code. One of
the changes requires that a school for non-degreed specialized education and training
obtain the approval of a Conditional Use Permit. The Lee's Review and Learning
Center meets the criteria for this type of school; and therefore requires a Conditional
Use Permit to operate. The Planning Commission is the review authority for the
Conditional Use Permit application.
B. Conditional Use Permit
The Conditional Use Permit provides a process for reviewing the effects on the
surrounding area of specific activities and uses which are allowed in a zoning district.
The process ensures that the proposed use will not degrade protect the public health,
safety and welfare. Additionally, a Conditional Use Permit is valid and in effect with
CUP 2007-05 Page 2
compliance to all conditions of approval and the Development Code. The Conditional
Use Permit shall run with the land and continue to be valid upon a change in
ownership of the land or business.
1. Business Description
Lee's Review and Learning Center specializes in basic and early high school
education along with PSAT and SAT preparation. The students are generally
from junior high and high school. The classes are taught by four teachers that
work part-time.
2. Operational Characteristics
Hours of operation for the Lee's Review and Learning Center are from 2:30
p.m. to 9:30 p.m. The class schedule is as follows:
Day Number of Classes &
Class Hours
Number of Students
Type
Monday Algebra II, 2 classes
4:00 p.m. - 6:00 p.m.
5 - 11 freshman/
sophomores
Basic English
5:30 p.m. -7:00 p.m.
6 sophomores
SAT Math
6:30 p.m. - 8:30 p.m.
6 /sophomores
Tuesday PSAT & SAT
4:00 p.m. - 5:30 p.m.
5 - 7 freshman/
sophomores
Math
Two classes from 5:30 p.m.
5 - 7 freshman/
- 7:00 P.M.
sophomores
SAT Math
7:30 p.m. - 9:30 p.m.
9 sophomores/juniors
Wednesday Class schedule similar to Monday & Tuesday
Thursday
Friday Grammar
:00 P.M. - 5:00 P.M.
2 eight graders
Math
:::TIC
:00 p.m. - 7:00 p.m.
8 sophomores/juniors
Saturday
SAT
:0a.m. - 12:00 p.m. /
8 sophomores/juniors
lunch break/1:00 p.m. -2:30
p.m.
SAT
10:30 a.m. - 1:30 p.m./
4 juniors
lunch break/2:30 p.m. -
4:00 p.m.
CUP2007-05 Page 3
In the summer, the schedule changes to an eight week program. On weekdays,
classes are offered from 10:00 a.m. to 1:00 p.m. to upcoming freshman. The
PSAT programs are offered to upcoming sophomores and juniors from 2:00 p.m.
to 5:00 p.m. Evening SAT classes are offered to juniors and seniors from 6:00
p.m. to 9:00 p.m. The weekend program consists of two Saturday classes from
10:00 a.m. to 3:00 p.m. Students attend the summer classes twice a week.
Each class will have eight to ten students.
3. Parkin
In 2001, a parking study was done for Parcel 1 (2040 Brea Canyon Road) only
where Aashiana Restaurant would be located to determine that the existing
parking supports the restaurant use. The study considered the peak hours of
operation for all businesses on Parcel 1 and the City's parking standard which
requires 155 parking spaces. Only 130 parking spaces were provided. Because
of the parking study, the Commission limited the hours of operation from to 5:30
p.m. to 10:00 p.m., required a reciprocal parking and access agreement and
approved the restaurant use. As a result, Plaza Diamond Bar now has a
reciprocal parking and access agreement for the entire commercial center which
includes four parcels.
In 2003, Aashiana Restaurant submitted an application to modify their existing
hours of operation with an updated parking study. The updated parking study
includes Parcels 1 (2040 Brea Canyon Road) and 2 (2020 Brea Canyon Road)
due to the proximity to Aashiana Restaurant. The updated parking study
analyzes the type of uses, the square footage of each type of use, Diamond Bar
parking standard and hours of operation. The study shows that 183 parking
spaces are required and 197 parking spaces are provided with 14 surplus
parking spaces. The Planning Commission accepted the parking study and
modified the hours of operation for Aashiana Restaurant. The 183 parking
spaces required for all the uses include 9 parking spaces required for Lee's
Review and Learning Center (E260). Therefore, staff believes that the existing
parking spaces provided at the commercial center are adequate to support Lee's
Review and Learning Center, and existing uses.
According to the property owner, an escrow company has leased a large portion
of the 2040 Brea Canyon building. The property owner is expecting to lease the
remainder of the space to a coffee shop similar to Starbucks, ice cream shop and
a Panini type grill. The parking required for any proposed uses will be analyzed
prior to City approval.
4. Additional Review
The City's Public Works Department and Building and Safety Division reviewed
this project. Their recommendations are within the attached draft resolution.
CUP 2007-05 Page 4
ENVIRONMENTAL ASSESSMENT:
Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section
15301(e), the City has determined that this project is Categorically Exempt.
NOTICE.OFPUBLIC HEARING:
Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley
Tribune on April 12, 2007. Public hearing notices were mailed to approximately 35 property
owners within a 700 -foot radius of the project site and the public notice was posted in three
public places on April 10, 2007. Furthermore, the project site was posted with a display
board on April 12, 2007.
RECOM EMATION:
Staff recommends that the Planning Commission approve Conditional Use Permit No. 2007-
05, Findings of Fact and conditions of approval as listed within the attached resolution.
VAJ.
ared by: Revie by:
Lung , ss iate nner N cy Fong, I P,
Community evelopm t Director
Attachments:
1. Draft Resolution;
2. Exhibit "A" - site plan and floor plan dated April 24, 2007;
3. Updated 2003 Parking Analysis; and
4. Aerial.
CUP2007-05 Page 5
PLANNING COMMISSION
RESOLUTION NO. 2007 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, APPROVING CONDITIONAL USE PERMIT NO. 2007-05,
A REQUEST TO APPROVE LEE'S REVIEW AND LEARNING CENTER
OPERATING WITHIN AN EXISTING SHOPPING CENTER IDENTIFIED AS
PLAZA DIAMOND BAR. THE PROJECT SITE IS LOCATED AT 2040 S.
BREA CANYON ROAD, SUITE 240 (APN: 8765-001-007), DIAMOND BAR,
CALIFORNIA.
A. RECITALS
1. Property owner, Plaza Diamond Bar Partners, LLC, and applicant, Jong
Hoon Lee, have filed an application for Conditional Use Permit No. 2007-05,
for a property located at 2040 S. Brea Canyon Road, Suite 240, Diamond
Bar, Los Angeles County, California. Hereinafter in this Resolution, the
subject Conditional Use Permit shall be referred to as the "Application."
2. On April 10, 2007, public hearing notices were mailed to approximately 35
property owners within a 700 -foot radius of the project site. On April 12,
2007, notification of the public hearing for this project was published in the
San Gabriel Valley Tribune and Inland Valley Bulletin newspapers.
Also on April 12, 2007, the project site was posted with a display board and
the public notice was posted in three public places.
3. On April 24, 2007, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly noticed public hearing on the Application.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
This Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct;
2. The Planning Commission hereby finds that the project identified above in
this Resolution is categorically exempt pursuant to Section 15301 (e) of the
California Environmental Quality Act (CEQA) and guidelines promulgated
thereunder. Furthermore, the categorical exemption reflects the independent
judgment of the City of Diamond Bar;
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 proposed project relates to a commercial center of approximately
4.83 acres identified as Plaza Diamond Bar. The center is a
combination of offices and stores totaling 29,783 square feet built in
two phases in 1980 and 1990 under the jurisdiction of Los Angeles
County.
(b) The project site has a General Plan land use designation of
Professional Office (OP);
(c) The zoning designation for the project site is Community Commercial
(C-2) zone.
(d) Generally the following zones and uses surround the project site:
(e) In accordance to Development Code Section(s) 22.58 and 22.10.030 -
Table 2-6, this application is a request to obtain a Conditional Use
Permit for Lee's Review and Learning Center which is operating
without City approval. Lee's Review and Learning Center specializes
in basic and early high school education along with PSAT and SAT
preparation. The students are generally from junior high and high
school. Hours of operation are from 2:30 p.m. to 9:30 p.m. The
classes are taught by four teachers that work part-time. The applicant
has leased a space of approximately 1,894 square feet within a
commercial center identified as Plaza Diamond Bar
2
Planning Commission Resolution No. 2007 -XX
Zone
Uses
North
RPD -10,000-6U
Residential
South
RPD -10,000-6U
Residential & open sace
East
SR -57 Freeway
West
CPD & RPD -10,000-6U
Residential & offices
(e) In accordance to Development Code Section(s) 22.58 and 22.10.030 -
Table 2-6, this application is a request to obtain a Conditional Use
Permit for Lee's Review and Learning Center which is operating
without City approval. Lee's Review and Learning Center specializes
in basic and early high school education along with PSAT and SAT
preparation. The students are generally from junior high and high
school. Hours of operation are from 2:30 p.m. to 9:30 p.m. The
classes are taught by four teachers that work part-time. The applicant
has leased a space of approximately 1,894 square feet within a
commercial center identified as Plaza Diamond Bar
2
Planning Commission Resolution No. 2007 -XX
Conditional Use Permit
(f) Lee's Review and Learning Center is permitted in the C-2 zone with a
Conditional Use Permit approval and as conditioned herein will
comply with all other applicable provisions of the Development Code
and the Municipal Code.
(g) The project site has a General Plan land use designation of
Professional Office (OP) which provides for the establishment of
office -based working environments for general, and administrative
offices, as well as support uses. Lee's Review and Learning Center is
a school for non-degreed specialized education and training is
considered a service support use in an office environment and
therefore is consistent with the General Plan land use designation for
the project site. A specific plan does not exist for the project site or
area.
(h) The project site is a commercial center of approximately 4.83 acres
identified as Plaza Diamond Bar. The center is a combination of
offices and stores built in two phases in 1980 and 1990 under the
jurisdiction of Los Angeles County. Lee's Review and Learning
Center will occupy 1,894 square feet within Parcel 1 at 2040 S. Brea
Canyon Road Building. This use has been operating in this building
since 2003 without receiving a zoning clearance from the City.
In 2005, the building was destroyed by fire and the review and
learning center moved to another building, 1930 S. Brea Canyon
Road, within Plaza Diamond Bar where it is operating today without
City approval. Now that the reconstructed building is ready for
occupancy, the learning center wants to move back.
The review and learning center does not alter the exterior of the
building. The proposed tenant improvement subdivides the interior
lease area of 1,894 square feet into office areas used for small
classrooms and office. Hours of operation for the Lee's Review and
Learning Center are from 2:30 p.m. to 9:30 p.m. Approximately 17
students or less attend classes between 4:00 p.m. and 9:30 p.m.
which is the peak operational time. Many of the students are not of
driving age and are dropped -off Many of the existing uses on Parcel
1 begin the business day between 7:00 a.m. and 10:00 a.m. and end
the business day at 4:00 p.m. and 6:00 p.m.
In 2001, a parking study was done for Parcel 1 (2040 Brea Canyon
Road) only where Aashiana Restaurant would be located to
determine that the existing parking supports the restaurant use. The
3
Planning Commission Resolution No. 2007 -XX
study considered the peak hours of operation for all businesses on
Parcel 1 and the City's parking standard which requires 155 parking
spaces. Only 130 parking spaces were provided. Because of the
parking study, the Commission approved the restaurant use, limited
the hours of operation from to 5:30 p.m to 10:00 p.m., and required a
reciprocal parking and access agreement. As a result, Plaza Diamond
B' now has a reciprocal parking and access agreement for the entire
commercial center which includes four parcels.
In 2003, Aashiana Restaurant submitted an application to modify their
existing hours of operation with an updated parking study. The
updated parking study includes Parcels 1 (2040 Brea Canyon Road)
and 2 (2020 Brea Canyon Road) due to the proximity to Aashiana
Restaurant. The updated parking study analyzes the type of uses, the
square footage of each type of use, Diamond Bar parking standard
and hours of operation. The study shows that 183 parking spaces are
required and 197 parking spaces are provided with 14 surplus parking
spaces. The Planning Commission accepted the parking study and
modified the hours of operation for Aashiana Restaurant. The 183
parking spaces required for all the uses include 9 parking spaces
required for Lee's Review and Learning Center (E260). Therefore,
staff believes that the existing parking spaces provided at the
commercial center are adequate to support Lee's Review and
Learning Center, and existing uses.
According to the property owner, an escrow company has leased a
large portion of the 2040 Brea Canyon building. The property owner is
expecting to lease the remainder of the space to a coffee shop similar
to Starbucks, ice cream shop and a Panini type grill. The parking
required for any proposed uses will be analyzed prior to City approval.
(i) As referenced above in Findings (f) through (h), Lee's Review and
Learning Center meets the required development standards for C-2
zone with a Conditional Use Permit and as conditioned in this
resolution will be compatible with existing and future land uses.
Provisions for utilities exist at the project site. Access to the shopping
center is existing and the proposed use does not require access
modification. Asa result, the subject site is physically suitable for the
type and density/intensity of use being proposed including access,
provision of utilities, compatibility with adjoining land uses and the
absence of physical constraints
(j) As referenced above in Items (f) through (j), Lee's Review and
Learning Center as conditioned herein will meet the City's minimum
development standards. Furthermore, prior to the issuance of any
City permits, the proposed project is required to comply with all
4
Planning Commission Resolution No. 2007 -XX
conditions within the approved resolution and requirements set forth
by the City's Building and Safety Division. Therefore, granting the
Conditional Use Permit will not be detrimental to the public interest,
health, safety, convenience, or welfare, or injurious to persons,
property, or improvements in the vicinity and zoning district in which
the property is located.
(k) In accordance to the provisions of the California Environmental
Quality Act (CEQA) of 1970, as amended and the guidelines
promulgated thereunder, this project is categorically exempt in
accordance to Section 15301(e) of Article 19 of Chapter 3 of Title 14
the California Code of Regulations.
!i. Based on the findings and conclusions set forth above, the Planning
Commission hereby approves the Application subject to the following
conditions and the attached standard conditions:
Planninq Division
(a) The project shall substantially conform to a site plan and floor plan
labeled as Exhibit "A" dated April 24, 2007, as labeled, amended
herein and approved by the Planning Commission;
(b) Hours of operation for Lee's Review and Learning Center shall be
Monday through Friday from 2:30 p.m. to 9:30 p.m. and on Saturday
from 10:00 a.m. to 3:00 p.m. Summer session hours of operation
shall be Monday through Friday from 10:00 a.m. to 9:30 p.m. and on
Saturday from10:00 a.m. to 3:00 p.m. Any changes to the hours
and/or days of operation shall be subject to the review and approval
of the Community Development Director;
(c) This Conditional Use Permit shall be valid only for 2040 S. Brea
Canyon Road, Suite 240 (Parcel 1). If Lee's Review and Learning
Center moves to a different parcel and/or unit, the approved
Conditional Use Permit shall terminate and a new Conditional Use
Permit approved by the Planning Commission shall be required for
the new location. If Lee's Review and Learning Center ceases to
operate, the approved Conditional Use Permit shall expire.
(d) All employees of Lee's Review and Learning Center shall use parking
in the rear of the commercial center.
(e) Business signs are not part of this approval. The applicant shall
obtain Planning Division approval for all signs and construction permit
to install the signs.
5
Planning commission Resolution No. 2007 -XX
(f) Lee's Review and Learning Center is approved as tutoring center.
Day care is not permitted.
Building & Safety Division
(a) Specify the location of tempered glass as required by code.
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: Plaza Diamond Bar Partners, LLC, 3029 Wilshire Boulevard, Suite
202, Santa Monica, CA 90403; and Mr. Jong Hoon Lee, 1930 S. Brea
Canyon Road, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 24TH OF APRIL, 2007, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
W4
Steve Nelson, Chairman
I, Nancy Fong, 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 April 2007, by the following vote:
AYES: Commissioner:
NOES: Commissioner:
ABSTAIN: Commissioner:
ABSENT: Commissioner:
ATTEST:
Nancy Fong, Secretary
[01
Planning Commission Resolution No. 2007 -XX
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Conditional Use Permit No. 2007-05
SUBJECT: Lee's Review and Learning Center
APPLICANT: Jong Hoon Lee
LOCATION: 2040 S Brea Canvon Road, Suite 240, Diamond Bar, CA
91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT
(909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. In accordance with Government Code Section 66474.9(b) (1), the applicant
shall defend, indemnify, and hold harmless the City, and its officers, agents
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Conditional Use Permit No. 2007-05 brought
within the time period provided by Government Code Section 66499.37. In
the event the city and/or its officers, agents and employees are made a party
of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
7
Planning Commission Resolution No. 2007 -XX
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the
City descendents.
The City shall promptly notify the applicant of any claim, action of
proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and
owner of the property involved have filed, within twenty-one (21) days of
approval of this Conditional Use Permit No. 2007-05, at the City of Diamond
Bar Community Development Department, their affidavit stating that they are
aware of and agree to accept all the conditions of this approval. Further, this
approval shall not be effective until the applicants pay remaining City
processing fees, school fees and fees for the review of submitted reports.
3. Lee's Review and Learning Center and all designers, architects, engineers,
and contractors associated with this project shall obtain a Diamond Bar
Business Registration and zoning approval for those businesses located in
Diamond Bar.
4. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
5. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
6. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
7. Property owner/applicant shall remove the public hearing notice board within
three days of this project's approval.
8. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition, the
I'-3
Planning Commission Resolution No. 2007 -XX
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Conditional Use Permit shall expire within two years from the
date of approval if the use has not been exercised as defined per Municipal
Code Section 22.66.050 (b)(1). The applicant may request in writing a one
year time extension subject to Municipal Code Section 22.60.050(c) for
Planning Commission approval.
D. SITE DEVELOPMENT
The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and amended
herein by the Planning Commission, collectively labeled and referenced
herein as Exhibit "A" including: site plans and floor plans on file in the
Planning Division, the conditions contained herein, Development Code
regulations, the Specific Plan, and the Community Plan.
2. To ensure compliance with all conditions of approval and applicable codes,
the Conditional Use Permit shall be subject to periodic review. If non-
compliance with conditions of approval occurs, the Planning Commission
may review the Conditional Use Permit. The Commission may revoke or
modify the Conditional Use Permit.
3. All roof mounted equipment shall be screened from public view.
4. All structures, including walls, trash enclosures, canopies, etc, shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owner/occupant.
F. SOLID WASTE
The site shall be maintained in a condition, which is free of debris both during
and after the construction, addition, or implementation of the entitlement
approved herein. The removal of all trash, debris, and refuse, whether
during or subsequent to construction shall be done only by the property
owner, applicant or by a duly permitted waste contractor, who has been
authorized by the City to provide collection, transportation, and disposal of
solid waste from residential, commercial, construction, and industrial areas
within the City. It shall be the applicant's obligation to insure that the waste
M
Planning Commission Resolution No. 2007 -XX
contractor used has obtained permits from the City of Diamond Bar to
provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of this
project.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2001 National Electrical Code) requirements and all other applicable
construction codes, ordinances and regulations in effect at the time of plan
check submittal.
2. Occupancy of the facilities shall not commence until such time as all Uniform
Building Code and State Fire Marshal regulations have been met. The
buildings shall be inspected for compliance prior to occupancy.
3. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Bathroom lights shall be fluorescent.
4. This project shall comply with all Accessibility Code requirements including
accessible parking, path of travel, elevators, restrooms, drinking fountains,
etc. Provide compliance with van accessible parking, path of travel, etc.
Reception counter shall comply with the title 24 accessibility requirements.
5. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
6. Indicate the proposed addition and existing building on the plans. Submit
code analysis and justification showing the following:
a. Each building square foot
b. Each building height
C. Type of construction
d. Sprinkler system
e. Each group occupancy
f. Property line location in relation to each building (side yard)
g. Exit analysis for each building (occupant load/corridor rating/exit
width/exit signs, etc.)
h. Accessibility analysis for the entire site and for each building
i. Shaft rating/ exterior walls construction/ opening protection
7. Verify adequate exit requirements. The distance between required exits shall
be Y2 of the building diagonal.
10
Planning Commission Resolution No. 2007 -XX
8. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.).
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE
PREVENTION FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Fire Department approval shall be required for this project.
2. Emergency access shall be provided, maintaining free and clear, a minimum
28 foot at all times during construction in accordance with Fire Department
requirements.
3. Prior to the issuance of any building permits for combustible construction,
evidence shall be submitted to the Fire Department that temporary water
supply for fire protection is available pending completion of the required fire
protection system.
END
11
Planning Commission Resolution No. 2007 -XX
Updated SITE ANALYSIS FOR
7/10/03 PARKING
MULTI TENANT
COMMERCIAL CENTER
Unit
Square
Tenant Name
Tenant Use
Days & Hours
Parking
# of
Footage
(Type
of
of Operation
Requirement
Spaces
Business)
(per sq. ft.
1
1,OOC DISCOVERY
TRAVEL TRAVEL
AGENT
M -F 8:00 A.M.-5:30
1/250
=
4
P.M.
AT 10:00 A.M. - 2:00
P.M.
2
1,200
DB DELICATESSEN
DELI
10:00 A.M.-4:30 P.M.
1175 - 700 SQ.'
=
9
DAILY
1/300 - 500 SQ,'
=
2
3
1,200
PLAZA CLEANERS
CLEANERS
M -F 7:00 A.M. - 7:00
1/400 - 400 SQ'
=
1
P.M.
AT 9:00 A.M. - 4:00
1/1000 - 800 SQ.'
=
1
P.M.
4
1,20C
REALTY EXECUTIVES
REAL ESTATE
M -F 8:00 A.M. -4:00
1/400
=
3
P.M.
5
1,200
DIAMOND
RETAIL DANCE
M -F 10:30 A.M.-6:00
1/250
=
5
DANCEWEAR
ATTIRE
P.M.
AT 10:00 A.M. - 4:00
P.M.
6
1,20C
MERCURY
OFFICE
M -F 8:00 A.M. - 4:00
11400
=
3
INSURANCE
P.M.
7
2,20C
kashiana Restaurant
RESTAURANT
11:30 A.M. • 10:00 P.M.
1175.1,237.5 SQ.'
=
16.5
DAILY
11300 - 962.5 SQ.'
=
3.1
E101
3,838
SHANGHAI PALACE
RESTAURANT
11:30 A.M. -10:00 P.M.
1175 - 2,938 SQ.'
=
39
DAILY
1/300 - 900 SQ.'
=
3
E104
2,164
PLAZA DIAMOND
RETAIL STORE
M-TH 7:00 A.M. -11:00
1/250
=
9
LIQUOR
P.M.
SUN 8:00 A.M. -
10:00 P.M.
E106
4,805
S.P.A.R.C.
PHYSICAL THERAPY
M, W, F 8:00 A.M. -
1/250
=
19
5:00 P.M.
TH. 9:00 A.M. - 7:00
P.M.
AT 8:00 A.M. -12:00
P.M.
E210
3,566
DR. ROBIN ABARI
DENTIST
M,TU 9:00 A.M. - 6:00
1/250
=
14
P.M.
F 8:00 A.M. - 5:00
P.M.
T 8:00 A.M. - 3:00
P.M.
E230
1,325
DR. RON SALEM
MEDICAL
M -F 8:00 A.M. - 9:00
1/250
=
5
P.M.
AT 9:00 A.M. - 2:00
P.M.
240
2,475GREAT
UTORING
M -F 3:30 P.M. - 6:30
11200
=
12
EXPECTATION
P.M.
E250
875
MARTIN C. EMO, CPA
M -F 8:00 A.M. - 5:00
11400
=
2
rFFICE
P.M.
0* � -1
133HS 213n0�
99L16
VO `peg puouLelp
` Ppj u z) ease -S ObOZ
ObZ al!nS
2131N30
JNMV31
RADA i SL331
LO01-bO NO3M N"dtlOd OYSSl
LPEZ'CO NRBq#IMKMLgg0Y0La353r31
LUCKO SIYAONdd"OA 03f1SSl
OLB9CLLOL[ 131
OE9EBLC OIE %Yd
4LZ06 VO'S30tl3A SOIVd
tl2Vld 3A00 VOVIVN OL
`J N I N N V I d
N 5 1 5 3 0
V N D 0
800V -99L L 6 dO `�:IdB a NOAVI CI
dd0�1 NOANVO b3�:18 'S Ot OZ
O,VZ apS ` 2JOO IJ GNOODS
�131N30 ONIN�JVDD MDIn:I�J S,TT1
MLN
'Wn5
,1
v �n•3LI5
'^.
__- —_-
- _-- ww..'e.arL«lu r4z-L
OOLffLiilmti:>+zie
seas q•.eAIPwNa
"••"'�
N
NtMIYnE•d YL NYl C'1Z1
OPL Ne'Ltl �.ad•q ••950mL
�wN�eyul•N1 N'NN•tl{wl
d.5t
YPPH
__ °
PPNuraPNWy YL NPl LYL-1
••1 �'m
1
✓D •Ne"al
PNPenS
�—�
�
�� m
4�w!iOgI YL •PLL �K-L
merssrlPlcl >•
tLNrtSY (OlG ••Wd
j'S'n SLe'4
P•NNWdS'LrA
:OPp•N01.0 ••b
'
�'�°
a
yId NIS 0'l8
•mn•+N3sNwaPNaPPNoO o'rl
zoe ws•Pale ••w3v. azsc
N-n•dlL
m.Pnne
P°• w«�.
NdMw�P•w3Ni3 •n0a•awL 3'rI
�� ""'""
d L•wmL'm
wwlLmu
WneNwnP
>aNvan000.3.
e+N V•PV 9LLR'.i+tl 0'fl
�O>r8
NDi U31631Ip3tl 35n ]O
1
la3m LONl o'n
Ocxitc(PIG:••a
S!N
AtN6mp
3�JNVN�TMOISInOtld
+SI
PNe•1+N••N 0'L -I
029Ptu IOIU:•••Vd
�•nS
'NINIne •NM+•°l
tune'/J'••PNn •N•a
'�3Ndn Pu•'�m
•ULSD s
I
k
PPPNMOJd•NW01
cul dN•NWdL[p•p POq
d'n "o'B'11 LB6L
1NWS
alolNwxuwpgwl lveuPl :ug1E-d
rN
j
t
f
uoo�1••VS w'.pNnwp M•Y6
+r Ltl
J9Yl e86t'1L NM1
:eP00 hIRFl8
p•b
3 °
w•.+ro
X30NI133HS
.12i0103a10103mO ld
SISAIVNV ONI3IIf1e
NOI1dlUOS3a
NVId A3N
dVW ),ANIOIn
LOOZ `bZ I?TdV
ZOZ a;mS `peog uo,iuro roig .S OVOZ
SO -Loot ani
(E AY 7, J'lailixi
800V -99L L 6 dO `�:IdB a NOAVI CI
dd0�1 NOANVO b3�:18 'S Ot OZ
O,VZ apS ` 2JOO IJ GNOODS
�131N30 ONIN�JVDD MDIn:I�J S,TT1
07-1
ON3031
2i31SHW
99L66
VO leg puoweiO
�131N30
_ w�.m,.,, x�
S31ON 1NBV4lbVd3O 381d
S31ON MOMMIA
S31ON HSINI3
S310N 1M2i3N3S
JNIMAtJ3-I
M3lA3%cf S,93-1
0
.,.•.. ,,....,..
Is
In -OL -to NSHO rmnd aoi o3nssi V
zatztoTM�^ —
°''
®
e
ZOOi ' L 'AON JO SV S3000 319V011ddV
eoclfo snvnoaadvaoio3nssl
w,
,,...,..11 ,x ,ill
_ _ s
mw��� aro. rom L�
II
Zl:.
, •,w.a_.,..,a .q I,
y
„-._ -.. 3. ,,,,,,
.., ".,. ,..,"� ... io
O C 9 C 'BGC O L C x v Ais
=_
31
ON3S31m2JMOH � 3wva�'aa
—D V9 'S30N3G, So,Vd
bZVId 3A00 VOVIVW 0L
,x�.,
.'�^ '.""-..> " _ ,- 'i
".., .. _, .. d.,, ».-„ .q
mu�.n".,M�s ,�
9 N I N N V l d
mmm f,ennx xruo ®�
a
u... ..,. ,. .. ,, .m. Lq
N 9 1 S 3 d
vox oxwrxo
axmc
�
13- 33
,xxxaxw+mnu,n �O'
.�.
,3
I
nauevx.o
••.• ll
SNOIIVIA32188V'd 9108W1.S
ON3031 SNUH0I1
ON3031 '10313 V -131
ON393111MOH'8 3V M2J3 'HGI
ON3031 NOI10f12USN00
NV
S -Icl HSINI=l
V NOI-LI-UlVd
99LW
AM
EE
vo,jeq Puowelcl
:S31ON NOuondISNOO
99HSINI=l 21001=1
S3HSINI3-IIVM S310N HSINIJ
"p�J'UAO e9jS'S OtOZ
Ot,Z allnS
bOiN30
ONIN�JVEFI
S3:41
,ZED eFfl 9 M M W 9MP 3—
iKKO SIVA08ddV NOA 03nSSI
21001=1 ON003S
N
NVId N0]1112]Vd
IIV
AA11:13A
H00-1=10NO03S
NV-ld HSINI=l
Id
.7N
y.
�IN
15,
-T
(D C- -
0 15
-u
7177,
v
:SISA-IVNV ONIJ-IX3
D {E x v
>LZD6 VD 'S30tl3A SOlVd
V 7VId 3AOO VE)VIVVO Ot
9 N I N N V I d
N 9 1 S a 0
V N 3 8
:S31ON WHSNVN 3]U=f
(11231=1 3H1 NI SNOUIGNOO'S SNOISN3VYI0
01 HOI3V2iINCO
31n(13HOS MOON
d*011 R NY]d
VIVIO/0313n31
99LL6
vo,jee Puowel(]
,.Pl:l *UAo egia's otoz
oj7Z al!nS
2AiN30
ONMAVD-1
AA31AM] S.331
ID -01-K MlHa Wd KA 031ISS1
lnz-SO
,D -u -co STYAO'dddY SCA (13PS61
OZ88CL[OIC l31
Z06 VO 130k]3A SQ]Vd
YZVld 3ACO YOVIVIN 04
E) IN I IN N V I d
0 1 S 3 0
V N 3 El
N'Qqd VIV0102313M1
:S310N 0313 TIBI
HOOIA CINOOBS
+N
S31ON'd'O*H
HOO-lJ CIN003S
NVId E)NI1190 031031=13N
DIN 1; 07 SINiNnn um
0310N 3SIMIH9HI0 ss3-iNn '1r10HE)no8Hl iHOI;IH ONI-100 .9-.6
(1131=1 3H1 N1 SNOWONOO V SNOISN3V410 MV A31N3A 01 a010V211N00
mnagHOS HM)
UOR.Wd P8168 JnOH GUO
z LJOPPed Bu!slweo
31YJ5
-.L 31VJ5.Ped Punog bullwiBuDd
U04Ib.1=.6
uu.p!;jed mod
SNOUVA313
S _llV13G
S
F_
NouonHISNOO
KIND
C13sn ioN
vz),Jee Puowelo
'-p�:rUA0 ems *s ot7D'Z
NOUVION 1:10-4
otrZ al!nS
:aAsn ION
uo!iinvq ia uD.nQJRd
9 butogig ogusjog'pao -dsns
L buiopig opLus!9R'j!ao'dAj
Jq)Pod fjmp14llumficl
2EiN30
!DNINUV31
MAIA3H S.331
+
10-N-00 Y03H3NVldHoA03nssi
6 U". WZMV:(lBqJ6d)-RVAQGLlP0N
Q :3WM LOZ MJV:U0.4EA9j9 tanos
LKKO S-YA0dddVH0Jo3nm
IZII'CL1'lll l3 L
CC9CBLf-OLE x , j
-Z06 VO S30b3A S0lVd
VZVld 3A03 VE)VIVVY OL
0 N I N N V 7 d
N 0 1 S 3 0
V N D 8
NV'ld SUIS
99LL6
VO Jee puoweic]
"PH 'UAO Me *S 017OZ
ot,Z aj!nS
U31N3:D
ONMJVI�
MDA321 SA31
L"l-K NO3HoNvuiwc3ns51
LrAj-Co
IM -M M,\O'dddVNOAo;nssi
x
vt I
Is�.wawiamvombanxw mi
OL9B 'CLC 04C I
9LC06 VO S3Q83A SOlVd
V2VId 9A00 VE)VIV" Ol
MW SS30*
A31dOAVM33tli3WOC
U N I N N V I d
N 0 1 S 3 0
V
N 3 8
MW SS30*
A31dOAVM33tli3WOC
E260*
1,84
Lee's Review &
TUTORING
M -F 9.00 A.M. - 5:00
11200
=
9
Learning Center
P.M.
AT BY
APPOINTMENT
B
9,230
REAL ESTATE
OFFICE
M -F 9:00 A.M. - 5:00 P.M.
1/400
23
OFFICES
TOTAL REQUIRED PARKING SPACES PER DEVELOPMENT
183
CODE FOR PARCELS 1&
TOTAL SPACES ON
197
SITE (Including
handicap r Code
AVAILABLE SPACES BASED ON MUNICIPAL CODE STANDARDS
14
`,art[ me+• v�,-.Wzt. _ 'bh' { s,e -.._
t'
k � Y
w.
a •{
r
1� 4'e
4.1
Wv` -
° ' k y:�
�..—���iiAA■`7711'
d
+4
Project Meetin0 Schedule
April 24, 2007
Project Location
PLANNING COMMISSION REVIEW PROJECTS
Project Location
Case #
2775-A Diamond Bar Blvd.
CUP 2006-18
(Modify hours of operation — SOMA
DEVELOPMENT CODE
MUSIC School
2040 S. BREA CYN RD.
CUP 2007-05
Lee's Review and Learning Center
TTM 06166
22807 LAZY TRAIL
DR 2004-16(1)
CRESTLINE ANNEXATION
GPA,/ZCA/ND/
VAR 2007-03
enMINISTRATIVE REVIEWS
L;l I Y Vr- v1rA1V1v1N1u ur-N
COMMUNITY DEVELOPMENT DEPARTMENT
'M
DA ARA CHO
AJL JONG HOON LEE
AJL PETE VOLBEDA
NF CITY OF DIAMOND
PENDING PROJECTS
PM Appllaant
Project Location
-
DCA 2006-01
AJL
DEVELOPMENT CODE
CITYWIDE
AMENDMENT
TTM 06166
AJL
AKBAR OMAR
CLEAR CREEK CYN/
TM 2005-02
MONUMENT CYN
5 -lot sin le famil residential
2648 CLEAR CREEK
VAR 2007-02
AJL
RANDY RAUN
(25'Retaining Wall
DR 2007-03
DA
STEVEN FIELDER
434 DEEPHILL RD.
DR 2007-08
LDM/AJL
WEN CHEN
1626 DERRINGER
(Single Family.Residence
CUP 2007-06
SC
RHZ DESIGN GROUP
150 DIAMOND BAR BLVD.
Chevron
CUP 2007-07
LKS
SCOTT CHANG
1200 DIAMOND BAR BVD.
Adult Learning Cetner
23655 FALCONS VIEW
DR 2006-02
LDM/AJL
CHIEN YEH
(Demo of and construction of new
single family residence
1948 FLINT ROCK
DR 2006-25
LDM/AJL
LEU
rNaw three story residence)
VAR 2006-01
PC LL ri,
4/24/07 5/1/07 5/8/07
PH
PH
PH
CC PC
PROCESSING
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING
FOR ADDITIONAL INFORMATION
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING
FOR ADDITIONAL INFORMATION
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING
FOR ADDITIONAL INFORMATION
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING
FOR ADDITIONAL INFORMATION
PROCESSING
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING
FOR ADDITIONAL INFORMATION
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION — WAITING
FOR ADDITIONAL INFORMATION
LEGEND PH = PUBLIC HEARING
X = NON PUBLIC HEARING
Project Meeting Schedule
April 24, 2007
PENDING PROJECTS (continued)
757 GRAND
(Monument/wall signs)
2461 INDIAN CREEK
(New Single Family Re
2690 INDIAN CREEK
(New Single Family Re
22505 LARKSPRING
PANTERA PARK
(Cell Site)
2502 RAZAK
(New single family resi
23121 RIDGELINE
(new single family resi
2026 RUSTY SPUR
(2 -story addition to sin
2151 RUSTY SPUR
(New single family res
2695 SHADE RIDGE
(Single Family Reside
1009 VIA SORELLA
(Institute of Knowledg
3015 WAGON TRAIN
(Extension of time)
20405 WALNUT
COMMUNITY DEVELOPMENT DEPARTMENT
Case #.' . PM
., .. _ Applicant . .,
TARGET
CSP 2006-02
SC
DR 2006-39
DA
JAY WALIA
TP 2006-09
DR 2007-12
LDM/AJL
S & W DEVELOPMENT
MV 2007-02
DR 2006-42
DA
STEVE SAMANIEGO
MCUP 2006-19
CUP 2007-02
LKS
ROYAL STREET
DR 2007-02
DR 2007-06
SC/
NF
AWARD WINNING
DESIGN/LARIVEE
DR 2006-18
AJL
HGUI
DR 2007-051
DA
VISHAL KAUSHAUL
MCUP 2007-01
DR 2006-26
LDM/AJL
STEVEN HSIEH — GRACE
COUNTRY DEV.
DR 2007-10
LDM/
CUSTOM CONTRACTOR
AJL
CUP 2007-08
AJL
NOMANN BAIG
DR 2007-14
AJL
LAUREN PARK
DR 2003-27/
TP 2003-08/
MCUP 2004-02
DR 2005-34
AJL
LAMPS PLUS
PROCESSING
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING
FOR ADDITIONAL INFORMATION
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING
FOR ADDITIONAL INFORMATION
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING
FOR ADDITIONAL INFORMATION
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION -WAITING
FOR ADDITIONAL INFORMATION
PROCESSING
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING
FOR ADDITIONAL INFORMATION
PROCESSING
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING
FOR ADDITIONAL INFORMATION
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING
FOR ADDITIONAL INFORMATION
PROCESSING
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION -WAITING
FOR ADDITIONAL INFORMATION
APPLICANT NOTIFIED OF INCOMPLETE APPLICATION - WAITING
FnR AnnITIONAL INFORMATION
sa
1
r
r� F.
�
--------------
6SLED
S
,
f
..,,.
LEE'S REVIEW
LEAR !NG
! ,
CEN TER
-S Cern_
,Pn ._
y
T CA.
s.
'vim
q
-
LEFS REVIEW LEARNING CENTER
SECOND FLOOR, Suite 240
2040 S. BREA CANYON ROAD
DIAMOND BAR, CA 91765-4008
'�C �,-Fy MAP
DESCRIPTION BUILDING ANALYSISI �pRajECT �:IrRE,
INDEX
E N
G I
F � x
E L
it
ti r
LEPS REVIEW
I LEARNING
10ENTER
I Suite 240
2040 S. Brea Cyn,
Diamorld BB,, CA Ra.; I
91765
COVER SH EzET
.tt-iJ i RUL 1 RJN LLUtNu
FRAME & HDWR_ LEGEND TEL. & ELECT LEGEND
•
A
i c H
kcN N I h
r
IDR, FRAME HEiWR. LEGEND
0
lig A—
x
e e
i
„
I
_ esu a w L �t
APPLICABLE CODE- AS ClF NQV.1, 2QC2
Tl
54. GFR iyl t}-ECK 41C-0
'
LEE'S REVIEW
GENERALNOTES
FINISH NOTES
MILLWORK NOTES
FIRE DEPARTMENT NATES
LEARNING
ICENTER
Suite 240
2040 S. Brea Cyn. Rd_
Diamond Bar, CA I
91.65
MASTER
LEGEND
I-2.0
NOi�, ji NV
!6
vo
P8,u-fi3
otz alins
�-ULN30
SNJMttV3-j
41"GUA3a S,33-1
ti
�S3-i oN, Noilo
nL41SNOO
33ION lis, �
Ct'13?3:3)41 N! SNOI-UONO3,s N3,lvcj r-p%f
0
----------
ROOM SCHEDUL- CONTRACTOR TO VERIF ALL DIMENSIONS & CONDIT ONS IN THE FIELD
9*- 6'CliUNG �E!G-Hff T HROUG-IOUT JNl Ss Cr7I-IE ISE NOTED
-E
.mama
PLAN
—DES, CA .12-11
2 3
LEES REVIEW
LEARNING
CENTER
Suite 140
,& Bmea Cym Rd
Djarriond Ba -l-, CA
91765
--Z
-13
SNOLUvA=-1
V SIVVI30
NO! '-I 0fllZ--liSNO0
VO `!eq PUG'
etue s oi7oz
OVZ -c)tnq_
E)NINHV31
MOIA3�i &331
—C c
e N 1 N I I
V N 3 9
,NG
NOUVION MOj
:cj3sn ION
—11-4,4 le
..upped 5u,—.�c I R, — , _ 7-7, --W-d �—g 5-'4--B-6
5a1—e 1100 dAl
Mz —V:—R—G IR -S