HomeMy WebLinkAbout04/10/2007PLANNING
COMMISSION
AGENDA
April 10, 2007
7:00 P.M.
CITY COUNCIL
� CC!i� .0 1„n;7 - 200j
South Coast Air Quality Management District
Government Center Building - Auditorium
21865 Copley Drive
Diamond Bar, CA
unairman
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.
'--a i cudW From smoking, eating or
drinkinq in the Auditorium The City of Diamond Bar uses recycled paper
and encourages you to do the same
City of Diamond Bar
Planning Commission
MEETING RULES
PUBLIC INPUT
The meetings
of the Diamond Bar Planning Commission are noore agenda ipen to the tems andfo o other ms of
public may address the Commission on the subject of one or
writing public hearing, to the Secretary of the
are within the subject matter jurisdiction of the Diamond Bar Planning Commission. request
to address the Commission should be submitted In w g at the
Commission.
e Chair.
le the opportunity for public comments will take
interested parties for place at the Ian of
may be
As a general rule,
persons who are
However, in order to facilitate the meeting, p limit the total amount of time
requested to give their presentation at the time the item is called onir calendar. The Chair may Ilml
individual public input to five minutes on any item; ort e
for n the number of people requesting to speak and the business o
public testimony based o
allocated p
the Commission.
Is are requested to conduct themselves in a professional and businesslike manner.
prior to the
Individuals that all points of
Comments and questions are welcome staff and City Council.iew are considered
Commission making recommendations to thethe Commission must be
In case of emergency or when a subject
In accordance with State Laowt(oB he Comm�isslion meeting. l matters to be acted on Y the Commission
posted at least 72 hours pr
matter arises subsequent to the posting oa the
agenda, upon making certain findings,
may act on item that is not on the posted g _ __ Tv i-MARAISSION
INFORMATION 1111--6 11w ' '-- -- the Planning Division of
Agendas for Diamond Bar Planningable 72 hours
Commission meetings are prepared by prior to the meeting at City
tment. Aendas are avail
the Community Development Debe accessed by personal computer at the number below.
Hall and the public library, an may
meeting cassette tapes and duplicate tapes are
Every m 9 of the Planning Commission is recorded on
available for a nominal charge.
ADA REQUIREMENTS
hone is available for those persons with mobilityand sign language interpreter servirments who cannot ices
A cordlethe
ss microphone Please
public speaking area. The service of the cordless microphone and 7:30 a.m.
giving notice at least three business days in advance of the meeting.
are available by g 9 m., Monday through Thursday,
telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.
and 4:30 p.m., Friday.
HELPFUL PHONE NUMBERS
mmission, Cassette Tapes of Meetings (909) 839-7030
Copies of Agenda, Rules of the Co
General Agendas (909) 839-7030
email: info ci.diamond-bar.ca.us
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, April 10, 2007
AGENDA
CALL TO ORDER: 7:00 p.m.
Next Resolution No. 2007-19
PLEDGE OF ALLEGIANCE:
1• ROLL CALL: COMMISSIONERS: Chairman Steve Nelson, Vice Chairman
Tony Torng, Kwang Ho Lee, Kathleen Nolan, Osman Wei
2.
0
4
5
6.
7
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
S Baker's Card for the
recordinq SecretaryCom letion of this form is volunta
There is afive-minute maximum time limit when 4-�_ _
APPROVAL OF AGENDA: Chairman
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: February 13, 2007.
4.2 Minutes of Regular Meeting: February 27, 2007.
4.3. Issuance of Public Convenience and Necessity (PCN): A request to issue a
PCN for a Type 21 liquor license for Mikes Tobacco at 1174 S. Diamond Bar Blvd.
OLD BUSINESS: None.
NEW BUSINESS: None.
PUBLIC HEARING(S):
7.1 Development Review No 2004-33 — In accordance to Development Code
Section 22.48, the applicant requests 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.
PAGE 2
PLANNING COMMISSION
APRIL JO, 2007
Project Address: 21324 Pathfinder Road
Property Owner: 21324 Pathf nderad lRoad,
Diamond Bar, CA 91765
Applicant: Nassar Moghadam
44052 Galicia Drive
Hemet, CA 92544
Environmental Determination: The City
has determined that this project is
categorically
exempt in accordance to California Environmental Quality Act
(CEQA), Section 15301(e). rove
Recommendation: Staff reco
of Fact, and conditions of approval as
mmends that the Planning Commission app
Development
n the draft res0olution. Findings
listed wi
nt Review No. 2007-11 Minor Conditional Use Per 21
7,2 Develo me applicant has requested the
co
No. 2007-07 and Minor Variance No. 200o7de the applicant a to Chap
of the City of Diamond Bar Development
approvals, Development Review No. 20o7
fast food �estaurantsoand
f a
following app with tw
new 4739-sgaure-foot commercial building f the drive-through lane.
retail, Minor
Conditional Use Permit No. 2007-07 for aodrive-through restaurant
t with and an implementation of the Diamond Bar
and Minor Variance No. n7-03 to reduce the wi t 00
The project is consistent
Village Specific Plan.
Golden Springs Dr. (Southwest corner of Grand
Project Address: Ave. and and Springs Dr.)
Property Owner: Target Corporation
1000 Nicollet Mall
Minneapolis, MN 55403
Applicant: David Kuo
984 Crystal Water Lane
Walnut, CA 91789
tal Determination: On June 29, 2004, the City Council approved
Environmental previously certified Environmental Impact
and certified an Addendum to the
Report. I
t is determined that no new environmental issues have been identified
APRIL 10, 2007
E1
9.
10.
PAGE 3 PLANNING COMMISSION
and that none of the elements set forth in Public Resource Code Section 21166
or Section 15162 of the CEQA Guidelines exists, therefore, no subsequent or
supplemental Environmental Impact Report or Mitigated Negative Declaration is
required to be prepared.
Recommendation: Staff recommends that the Planning Commission approve
Development Review 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 draft resolution.
PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects
SCHEDULE OF FUTURE EVENTS:
TRAFFIC AND
TRANSPORTATION
COMMISSION MEETING:
CITY COUNCIL MEETING
CITY'S 18TH BIRTHDAY
PARTY:
PLANNING COMMISSION
MEETING:
PARKS AND RECREATION
COMMISSION MEETING:
11. ADJOURNMENT:
Thursday, April 12, 2007 - 7:00 p.m.
SAQMD/Government Center Hearing
Board Room, 21865 Copley Dr.
Tuesday, April 17, 2007 - 6:30 p.m.
SCAQMD/Government Center Auditorium
21865 Copley Drive
Sunday, April 22, 2007
11:00 a.m. - 5:00 p.m.
Pantera Park, 738 Pantera Dr.
Tuesday, April 24, 2007 - 7:00 p.m.
SCAQMD/Government Center Auditorium
21865 Copley Drive
Thursday, April 26, 2007 - 7:00 p.m.
SCAQMD/Government Center Hearing
Board Room — 21865 Copley Drive
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MARCH 13, 2007
CALL TO ORDER:
Chairman Nelson 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, Kathleen Nolan, Osman
Wei, Vice Chairman Tony Torng and Chairman Steve Nelson
Also present: Nancy Fong, Community Development Director; Ann
Lungu, Associate Planner; Linda Smith, Development Services Associate, and
Stella Marquez, Senior Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3 APPROVAL OF AGENDA: As Submitted
4 CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of February 27, 2007.
C/Lee moved, C/Wei seconded to approve the Minutes of February 27,
2007, as corrected. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Lee, Wei, Nolan, VC/Torng,
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
4.2 Minutes of the Study Session of February 27, 2007.
C/Nolan moved, VC/Torng seconded to approve the Minutes of the
February 27, 2007, Study Session as presented. Motion carried by the
following Roll Call vote:
MARCH 13, 2007
AYES:
NOES:
ABSENT:
5. OLD BUSINESS:
6.
7.
NEW BUSINESS:
PAGE 2
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
None
None
PUBLIC HEARINGS:
EDRAFT
PLANNING COMMISSION
Nolan, VC/Torng, Lee, Wei,
Chair/Nelson
None
None
7.1 Conditional Use Permit' No. 2006-41 — In accordance with Code
Section 22.48, this was a request to construct a second story addition and
deck totaling to approximately 1,665 square feet to an existing one-story
single-family residence of approximately 1,951 square feet with a two -car
garage.
PROJECT ADDRESS
PROPERTY OWNER:
APPLICANT:
23845 Chinook Place
Diamond Bar, CA 91765
Mr. and Mrs. Donald Mahlke
23845 Chinook Place
Diamond Bar, CA 91765
Larry Brown
2366 E. Glassell Street
Orange, CA 92865
AssocP/Lunge presented staffs report. She referred the Commissioners to
a letter from residents living at 23848 Chinook Place (across the street from
the project) who indicated their opposition to the second story addition
because they felt it would block their view; they were concerned about extra
traffic in the small cul-de-sac and, they believed that at times more than one
family resides at the project location who bring additional vehicles to the site.
AssocP/Lungu recommended Planning Commission approval of Conditional
Use Permit No. 2006-41, Findings of Fact, and conditions of approval as
listed within the resolution.
C/Nolan said that today she drove by and looked the project site.
Chair/Nelson opened the public hearing.
MARCH 13, 2007 PAGE 3
PLANNING COMMISSION
Larry Brown, applicant said that he read staffs report and asked about the
condition for providing a stone veneer because the owners were concerned
about the cost. He asked if it was an issue and Chair/Nelson responded that
it was staffs recommendation. Mr. Brown asked if the applicant could use a
different kind of stone or would it have to be river rock.
CDD/Fong said that the applicant would not have to supply river rock. In
fact, it could be false stone material and the condition could be amended to
include additional materials such as "stone, wainscoting, subject to the
review and approval of the Community Development Director. Mr. Brown
concurred.
Kathy Lippincott, 314 San Leandro, said she was interested in the deck. She
wanted to see plans for the deck and how far it would extend out from the
residence. AssocP/Lungu responded by showing the plans to the speaker.
AssocP/Lungu explained that the deck is located at the rear of the structure.
Ms. Lippincott asked if the hill would be disturbed in any way and
AssocP/Lungu assured her that it would not. CDD/Fong stated that the rear
deck extends 16 feet out from the structure and AssocP/Lungu said the deck
would not fall anywhere near the slope and there would be no grading.
VC/Torng asked if the residence would be maintained as a single-family
residence and Mr. Brown responded affirmatively. He said that there are
several boys in the family, which accounts for the increased traffic and the
addition is intended to be an upstairs game room.
Chair/Nelson closed the public hearing.
VC/Torng asked if a condition should be added to projects to ensure the
owner is aware that the residence is approved as a single-family residence
and AssocP/Lungu responded that this is a condition of the project that is
signed by the applicant and attached to staffs report.
CDD/Fong responded to Chair/Nelson that the court has established a family
unit as being one that does not have to consist of individuals who are
married or related by blood as long as they satisfy what is termed "a bona
fide family unit." This provision is always included in the Conditions of
Approval (page 9) in attached resolution.
C/Nolan moved, C/Wei seconded to approve Conditional Use Permit
No. 2006-41, Findings of Fact, and conditions of approval as listed within the
resolution as amended to include alternative "stone" products. Motion carried
by the following Roll Call vote:
i
MARCH 13, 2007 PAGE 4 PLANNING COMMISSION
AYES: COMMISSIONERS: Nolan, Wei, Lee, VC/Torng,
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: None
7.2 Development Review No 2007 04 - In accordance to Development Code
Section 22.48, the owner and applicant requested plan approval to construct
a 1,720 square foot two-story addition with an exterior remodel to the existing
2,268 livable square foot single family residence's front and north sides.
PROJECT ADDRESS: 1700 Shadehill Place
Diamond Bar, CA 91765
PROPERTY OWNER: Lilihong He
1700 Shadehill Place
Diamond Bar, CA 91765
APPLICANT: Kingston Engineering, Inc.
21015 Commerce Pointe Drive
Walnut, CA 91789
DSA/Smith presented staffs report and recommended Planning Commission
approval of Development Review No. 2007-04, Findings of Fact, and
conditions of approval as listed within the resolution.
C/Nolan said that today she visited the site and did not speak with anyone.
Chair/Nelson opened the public hearing.
The applicant was not present.
Chair/Nelson closed the public hearing.
C/Nolan agreed that the angle of the home and the proposed improvements
would not appreciably change the look of the structure.
C/Wei moved, C/Lee seconded to approve Development Review 2007-04,
Findings of Fact, and conditions of approval as listed within the resolution.
Motion carried by the following Roll Call vote:
i
nR A FT
MARCH 13, 2007 PAGE 5 PLANNING COMMISSION
AYES: COMMISSIONERS: Wei, Lee, Nolan, VC/Torng
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: None
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
VC/Torng said he watched the last City Council meeting and saw that the South
Pointe project was approved. He was amazed that the City Council approved one
of the gates as an "entrance only" on Morning Sun Drive. He asked for comments
on the approval.
CDD/Fong stated that after continuing the project several times the Council
approved the South Pointe project after the applicant had conducted an additional
traffic study and addressed resident's comments. Part of the analysis was to
consider the Morning Sun gate as an "exit only," "entrance only" and "emergency
only" so that the City Council could make its decision accordingly.
VC/Torng recalled that according to the traffic analysis the number of vehicle trips
per day was fairly insignificance. CDD/Fong said that the final decision was based
more on perception of the Rowland Heights residents rather than fact of numbers.
VC/Torng asked if the decision would cause buyers to rethink purchasing their
homes within this community and CDD/Fong responded that a market analysis
determined that this is a market niche for these homes within a gated community.
In addition, the number of vehicles using Morning Sun would likely be very limited
because the other gate provides a much better access to the freeway and other
facilities.
VC/Torng asked if the Crestline project would come before the Commission and
CDD/Fong explained that there were a number of steps in the process to complete
full annexation and the Commission would be looking at a General Plan amendment
and pre -zoning about the second meeting in April or first meeting of May.
C/Nolan said she looked forward to attending the Planners Institute next week
9. STAFF COMMENTS/INFORMATIONAL ITEMS.
9.1 Public Hearing dates for future projects
CDD/Fong said there would be several public hearings scheduled for the
next meeting include the public hearing for Kaiser. Staff received an
application from Panda Express for a building at the pad adjacent to Target
to accommodate three tenants.
MARCH 13, 2007 PAGE 6 PLANNING COMMISSION
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nelson adjourned the regular meeting at 7:37 p.m.
Attest:
Respectfully Submitted,
Nancy Fong
Community Development Director
Steve Nelson, Chairman
D DRAFT
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MARCH 27, 2007
X-, 14 a%IelZIAZ
Chairman Nelson 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,
CA 91765.
PLEDGE OF ALLEGIANCE: Vice Chairman Torng 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; Ann Lungu, Associate Planner; David Alvarez,
Planning Technician, and Stella Marquez, Senior Administrative Assistant.
2. REORGANIZATION OF PLANNING COMMISSION — Selection of Chairman and
Vice Chairman.
Commissioner Lee nominated Commissioner Nelson to serve as Chairman of the
Planning Commission. Commissioner Nolan seconded the nomination. There were
no other nominations offered. Commissioner Nelson was unanimously elected to
serve as Chairman of the Planning Commission by the following Roll Call vote:
C/Lee
Aye
C/Nolan
Aye
C/Wei
Aye
C/Torng
Aye
C/Nelson
Aye
Commissioner Nolan nominated CommissionerTorng to serve as Vice Chairman of
the Planning Commission. Commissioner Lee seconded the nomination. There
were no other nominations offered. Commissioner Torng was unanimously elected
to serve as the Vice Chairman of the Planning Commission by the following Roll
Call vote:
C/Nolan
Aye
C/Lee
Aye
C/Wei
Aye
C/Torng
Aye
Chair/Nelson
Aye
MARCH 27, 2007
PAGE 3
EDRAFT
PLANNING COMMISSION
C/Lee moved, C/Wei seconded to approve Development Review
No. 2006-40, Findings of Fact, and conditions of approval as listed within the
resolution. 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. 2007-07 and Minor Conditional Use Permit
No. 2007-04 - In accordance with Development Code Section 22.48, the
applicant requested approval to construct a 1,128 square feet addition to an
existing 1,783 square foot single-family residence. The project site is zoned
R-1 (20,000).
PROJECT ADDRESS
PROPERTY OWNER
APPLICANT:
24408 Nan Court
Diamond Bar, CA 91765
Ismail Vaid
24408 Nan Court
Diamond Bar, CA 91765
M&M Construction
10414 Hamilton Street
Alta Loma, CA 91701
CDD/Fong presented staff's report and recommended Planning Commission
approval of Development Review No. 2007-07 and Minor Conditional Use
Permit No. 2007-04, Findings of Fact, and conditions of approval as listed
within the resolution.
C/Nolan and VC/Torng revealed that today they each drove by the project
site and did not speak with anyone.
Chair/Nelson opened the public hearing.
Anthony, M&M Construction, stated he was extending the rooms outto make
them larger and the look of the house would remain virtually unchanged
Evelyn who lives next door to the project site was concerned about how far
the addition would extend to the rear of the property. CDD/Fong responded
that all building would be done within the building perimeter. The second
MARCH 27, 2007
PAGE 5
E DRAFT
PLANNING COMMISSION
C/Nolan and VC/Torng disclosed that today they each drove by the project
site and did not speak with anyone.
Chair/Nelson opened the public hearing.
Raymond Wolfe, owner/applicant, said he spent two plus years figuring out
how to accomplish this project because he does not generally like the
appearance of additions.
Chair/Nelson closed the public hearing.
C/Wei moved, C/Lee seconded, to approve Development Review
No. 2007-01, Minor Variance 2007-01, Minor Conditional Use Permit
No. 2007-06, Findings of Fact, and conditions of approval as listed within the
resolution. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Wei, Lee, Nolan, VC/Torng
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: None
7.4 Development Review No. 2005-32 and Negative Declaration No. 2007-01
— In accordance with Development Code Section 22.48, the applicant
requested construction of a one-story, 32000 square foot medical office
building for medical services including a clinic and labs. The project site is
zoned Office/Business Park (OB).
PROJECT ADDRESS:
PROPERTY OWNER:
1336 Bridge Gate Drive
Diamond Bar, CA 91765
Kaiser Foundation Health Plan, Inc.
393 W. Walnut Street
Pasadena, CA 91003
APPLICANT: Wood Burghard Swain Architects
4850 Barranca Parkway, Suite 203
Irvine, CA 92604
AssocP/Lungu presented staff's report and recommended Planning
Commission approval of Development Review No. 2005-32 and Negative
Declaration No. 2007-01, Findings of Fact, and conditions of approval as
listed within the resolution.
EDRAFT
MARCH 27, 2007 PAGE 7 PLANNING COMMISSION
Chair/Nelson asked how many parking spaces were required and CDD/Fong
responded that based on the City's ratios, 128 parking spaces was required.
The project proposes 176 parking spaces. The peak hour parking could
likely require 168 parking spaces for this building. Chair/Nelson concluded
that the applicant exceeded the parking requirement.
AssocP/Lungu responded to Chair/Nelson that staff received no public
comments or input regarding this project.
C/Wei said he shared VC/Torng's concerns and asked for the applicant's
traffic consultant to respond.
Chair/Nelson opened the public hearing.
Maggie Pierce, Executive Director, Kaiser Permanente Foundation Hospital
and Health Plans, 1011 Baldwin Park Blvd, Baldwin Park, CA 91706, stated
that the program for this site provides for 8400 members who live in Diamond
Bar and will serve approximately 43,000 members by providing a phase I
medical office building that will have 12 physicians, offices and exam rooms
serving adult primary care (family medicine and OBGYN as well as,
pediatrics). The facility will also include ancillary services such as pharmacy,
radiology including mammography, lab and blood draw stations and
administrative offices. Staffing will reflect the local aspects of the community
and membership in the area.
Jim Harrington, Manager, Design and Construction Services, 12200
Bellflower Blvd, Downey, thanked staff for their diligence in preparing
tonight's presentation. The owner is anxious to commence construction and
intends to pull a permit as soon as possible and begin construction in April
2007 and complete construction by April 2008.
Kevin Jaeger, Linscott, Law and Greenspan Engineers, 234 East Colorado
Blvd, Suite 400, Pasadena, CA 91101, explained that his firm's traffic study
that was completed last year is an update to a 2003 study that was
completed by the City's traffic consultant, Warren Siecke. Mr. Jaeger
explained the traffic study process and explained that the trip threshold
developed was 20 trips. When the study was updated last year the same
scoping process was used and the study was reviewed with Steve Sawsaki;
the City's Engineer. At that point key intersections were reviewed for the
highest potential impacts based on the City's criteria.
VC/Torng asked why the SR60 eastbound was not on the list and Mr. Jaeger
explained that during the a.m. peak hour there were 13 project related trips
MARCH 27, 2007
PAGE 9
Chair/Nelson closed the public hearing.
"DRAFT
PLANNING COMMISSION
C/Lee felt that all residents were eager to have the hospital and medical
facility in the City. According to him the project will be beneficial especially to
children, women and the elderly.
C/Nolan did not share VC/Torng's concern about parking because the project
met the City's standards and exceeded the standards of the Gateway
Corporation. She felt it was interesting that 8000 members reside in the City
of Diamond Bar and those members will not be getting on the freeway to go
elsewhere and the project would therefore be primarily concerned about
traffic entering the City, not leaving it.
CDD/Fong reiterated to VC/Torng that staff concurred with the traffic study
results. VC/Tomg felt it was a good project.
VC/Torng moved, C/Wei seconded to approve Development Review
No. 2005-32 and Negative Declaration No. 2007-01, Findings of Fact, and
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: VC/Torng, Wei, Lee, Nolan,
Chair/Nelson
NOES: COMMISSIONERS: None
ABSENT COMMISSIONERS: None
8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C[Wei stated that he, C/Nolan, VC/Torng and CDD/Fong attended the League of
California Cities Conference. It was a good experience and a lot of good
information was discerned. He appreciated the opportunity.
C/Lee felt the medical offices would be very beneficial to people — especially to
women. He asked staff to expedite the project to every extent possible.
VC/Torng said he attended the Planning Commissioner's Institute and thanked staff
for providing a good environment for him to learn. The art committee has been
inactive and the City needs to have a regulation for that. He felt Kaiser was a good
company and they would want to do something to make their area look good.
C/Nolan felt the Conference was very, very helpful. She wanted to be more
involved in the California League of Cities.
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: 4.3
MEETING DATE: April 10, 2007
CASE/FILE NUMBER: Public Convenience & Necessity
PROJECT LOCATION: 1174 S. Diamond Bar Blvd
Diamond Bar, CA 91765
APPLICATION REQUEST: Approval of a determination for Public Convenience
and Necessity for a beer, wine and distilled spirits
Type 21 license from the Department of Alcohol
Beverage Control (ABC)
PROPERTY OWNERS: H R Barros Family LTD Partnership
1545 N. Verdugo Road
Glendale, CA 91208-2841
APPLICANT: George Bashoura
1174 S. Diamond Bar Blvd.
Diamond Bar, CA 91765
STAFF RECOMMENDATION: Approve
determination of PCN has been made by a City, as governed by the
provisions of Section 23958 of the Business and Professional Code.
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, wine and distilled spirits for
off-site consumption is a common and accepted business practice within the
Regional Commercial District.
2. The site, located at 1174 S. Diamond Bar Boulevard, is along a major arterial
and is suited for retail sales, including beer, wine, and distilled spirits for
offsite consumption.
3. On April 20, 2004, a Zoning Clearance (ZCL 2004-130) was approved for a
Type 20 ABC license, allowing that sale of beer and wine for offsite
consumption.
Based on the above analysis, staff finds that issuance of an ABC Type 21 license
for beer, wine, and distilled spirits 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:
According 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.
RECOMMENDATIONS:
Staff recommends that the Planning Co
Necessity and attached resolution.
repared by:
David Alvarez
Planning Technician
ATTACHMENTS:
approve the Public Convenience and
Reviewe y:
Nancy Fo g, A -1 -CP
Community Development Director
1. Resolution of Approval;
2. Exhibit "A"- City of Diamond Bar Census Tract Map;
3. Exhibit "B"- Floor Plan, dated March 12, 2007;
4. City Council Resolution No. 2006-04
5. Aerial
Page 3
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 AND A REQUEST FOR AN UPGRADE TO AN ALCOHOL
BEVERAGE CONTROL TYPE 21 LICENSE FOR AN EXISTING RETAIL
TOBACCO/LIQUOR STORE WITHIN AN EXISTING 1,050 SQUARE FOOT
UNIT LOCATED AT 1174 S. DIAMOND BAR BLVD (APN: 8701-027-031,
LOT 4), DIAMOND BAR, CALIFORNIA.
A. RECITALS
1. George Jack Bashoura filed an application for an upgrade to a Type 21 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 10, 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:
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
C,L-�O` 2 A F T
APPROVED AND ADOPTED THIS 10th OF APRIL 2007, BY THE
PLANNING COMMISSION OF THE CITY OF DIAMOND BAR.
AN
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 10th
day of April 2007, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSTAIN: Commissioners:
ABSENT: Commissioners:
ATTEST:
Nancy Fong, Secretary
3
Public Convenience and Necessity
C "(,XNa i V- )�
l.;4= 1 11
Y4
!9
t
$4f-kZvql
f
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 of 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 Department of Alcohol Beverage Control regarding the delegation of the duties of
determining 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
from the California State Department of Alcohol Beverage Control as
finding of public convenience and necessity warrants the issuance of an alcoholic license
Section 23958.4 of the California State Business and Professions Code. allowed by
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.
11
Page 1 of 1
A /1 /1
City of Diamond Bar Census Tract Map
A
IIS n�nlo:�TD B� I,
CITY OF DIAMOND BAR 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NUMBER:
MEETING DATE:
CASE/FILE NUMBER:
PROJECT LOCATION:
7.1
April 10, 2007
Development Review No. 2004-33
21324 Pathfinder Road
APPLICATION REQUEST: A request to remodel an existing service station
by removing the three service bays and enlarging
the convenience mart structure and use, and
upgrading the exterior design of all on-site
structures
PROPERTY OWNER: Mohamad Salimnia, 21324 Pathfinder Road,
Diamond Bar, CA 91765
APPLICANT: Nassar Moghadam, 44052 Galicia Drive, Hemet,
CA 92544
STAFF RECOMMENDATION: Conditionally Approve
BACKGROUND:
The owner, Mohamad Salimnia, and applicant, Nassar Moghadam, filed a Development
Review application to remodel an existing service station by removing the three service
bays and enlarging the convenience mart structure and use and upgrading the exterior
design of all on-site structures. The auto service use will be discontinued.
The project site is on the southwest corner of the Pathfinder Road and Brea Canyon
Road intersection. The Chevron station currently operates four pumps at two islands (8
fueling stations) under one canopy. These are retained. The 2,044 square foot building
was constructed in 1971. The relatively flat square shaped lot is 22,647 square feet in
size and accessed from four driveways: two on Pathfinder Road and two on Brea
Canyon Road.
ANALYSIS:
A. Applications and Review Authority per Diamond Bar Municipal Code
(DBMC) Section 22.48
The remodel and use change require the discretionary Planning Commission
Development Review process and approval. The review includes the project's
design for compliance to the City's General Plan, Municipal Code standards, and
design guidelines.
B. Site and Surrounding General Plan, Zoning, and Uses
C. Development Standards
The comparison indicates the proposed project meets the City's Development
4
Standar s.
General Plan
Zone
Uses
Development
Site
Commercial Office (CO)
CO
Existing gas station
North
Low Density Residential (RL)
R-1-8,000
Single Family
Residences
SOUth
Commercial Office (CO)
CO
Shopping center
-East
School
R-1-7,500
School
West
Commercial Office (CO) and
State Road 57
CO
Office Building,
Freeway
C. Development Standards
The comparison indicates the proposed project meets the City's Development
4
Standar s.
Development
CO
Building
Proposed
Meets
Standard
Feature
Requirements
Minimum Lot Area
6,000 S.F.
22,647 S.F.
Yes
Floor Area Ratio (FAR)
.25 to 1
.18
Yes
Front setback
10'
15'
Yes
Rear setback
None
15'
Yes
Page 2 DR 2004-33
Side setbacks min.
None
16'& 60'
Yes
Building Height
35 feet-0" (max.)
22.5; Building
'canopy
Yes
18.0
Landscaping
20%
approximately 20%
Yes
Parking:
Convenience Mart
9 = 1/250 of gross
floor area
17
Yes
Service Station
8 spaces
D. The Proposed Remodel
1. Building Design, Architectural Features, and Colors:
With the removal of the existing service bays the building will be renovated
inside and outside. A tower with columns at the entry is proposed with
new storefront windows and doors. The tower addition uses Sandstorm
roof tiles. Monier Fog Southern Ledgestone wainscoting with stucco
moldings are added to the building's front and side elevations. The
proposed colors are off-white, gray, and sandstone.
A new parapet roof is added and treated with a molding border. The
building continues the low horizontal lines and incorporates a wide
overhang in earth -tone colors. The rear elevation encloses the storage
and trash area and landscaping is added to enhance the site.
The convenience store's architectural design is consistent with the
surrounding architectural styles that include an adjacent brick office
building and the modern style of the Dennys' restaurant and dentist office
behind the subject site. The proposed architectural style and palette are
compatible with the General Plan, City's Design Guidelines and Municipal
Code.
2. Canopy: The applicant proposes to remodel the existing gas island
canopy by adding a band of Chevron blue with a white trim detail and an
option to illuminate the blue band. This proposed remodeling design is
inconsistent with the building design. Staff previously directed the
applicant to remodel the canopy to match the building design including the
roof molding treatment, recess all lighting, and to provide stone trim at the
column bases. Staff added an approval condition to revise the canopy
design to co-ordinate with the building design subject to the review and
approval of the Community Development Director.
3. Floor Plan, Change in Use, Operating Characteristics: The conversion
of the three vehicle service bays to retail floor area removes the vehicle
service use from the site. The retail sales and convenience store uses are
increased to include take out food service such as hot dogs and
Page 3
DR 2004-33
sandwiches. The fueling station is retained. The uses will continue to
operate 24 hours a day.
4. Site Work:
a. Circulation Plan and Driveway Closure: The City's Traffic
Engineer and Public Works Department have studied the
Pathfinder Road/Brea Canyon Road intersection with numerous
Capital Improvement Projects including the recent signalization and
turning lanes. Therefore, the applicants and City worked together to
further improve this project's on-site circulation and to be consistent
with the City's objectives for the intersection.
As a result, the site's four driveways are reduced to three. The Brea
Canyon Road driveway located on the northeast side closest to the
corner will be removed and replaced with landscape. The closure of
this driveway and alignment of the second driveway will shift the left
hand turn movement of Brea Canyon Road further away from the
corner and cause less traffic congestion at the intersection. The
second driveway on Brea Canyon Road and the Pathfinder Road
driveway entrance nearest the corner are widened for the fueling
truck's movement and turning radius. The west Pathfinder Road
driveway entrance is narrowed.
b. Drainage Plan: The subject addition is on the existing pad and no
grading or retaining walls are proposed. An Engineering/Public
Works Department approval condition requires a drainage plan
submittal and an erosion control plan for work between October 1
and April 15th
C. Right-of-way Improvements: The applicant is responsible for all
right-of-way improvements: sidewalks, ramps, and drive
approaches. These will meet the current Americans with Disabilities
Act (ADA) requirements.
5. Landscaping: The site's landscaping requirement is 20 percent and 19.9
percent is proposed. Staff and the applicant worked to increase the
landscape areas on-site which include the driveway's closure areas, and
all setbacks. The site's perimeter has a landscape border and planter
boxes are added at the islands. Staff added a condition to increase the
planters at the islands, etc. to bring the percentage from 19.9 percent to
the 20 percent standard. The increase of on-site landscaping enhances
the site and the overall setting.
Page 4 DR 2004-33
6. Parking: A total of nine parking spaces are required for the convenience
store use and eight for the pumps. The size and number meet
Development Code Standards.
7. Lighting: The on-site lighting plan indicates the project's exterior lighting
is consistent with Development Code Standards. The Building and Safety
Division plan check and permit ensure compliance. Staff conditioned all
lighting in the canopy and roof overhang be recessed.
8. Signage: Although the signage is noted, the applicant does not wish to
pursue approvals at this time. The sign standards require a
Comprehensive Sign Program be established whenever five or more signs
are proposed for an existing development. The applicant has five signs,
but may eliminate the Chevron symbols on the canopy which would bring
it to three or may include the logo with the Chevron words. Either change
would reduce the number and the requirement.
The existing monument sign is legal nonconforming. Today the
requirement for monument signs is at least ten feet from the street
property line. Staff will work with the applicant for a separate submittal.
E. Additional Review
The Public Works Department and the Building and Safety Division reviewed this
project. Their comments are included in both the report and the approval
conditions.
F. General Plan/Design Guidelines/Compatibility with Neighborhood
The proposed project is consistent with the General Plan Land Use Element
Objectives 1.3 to provide for retail and service commercial uses that are revenue
generating. As encouraged by the General Plan, the proposed project is
refurbishing the existing development.
General Plan Objective 2.2 encourages an organized land use pattern to
minimize conflicts between adjacent land uses. The proposed site is enhanced
with the closure of the driveway near the corner. The ADA sidewalk and
approach improvements with the added landscape at the perimeter of Pathfinder
Road and Brea Canyon Road enhance the site and softens the _impact of the
building and gas pumps as viewed from the street.
The proposed project also meets Objective 3.2 which encourages exemplary
design for intensification of existing development to yield a pleasant living,
working, or shopping environment to attract the interest of residents, worker,
shoppers, and visitors.
Page 5
DR 2004-33
Staff's review and report indicate the application's consistency with the General
Plan, Municipal Code Standards, the City's Design Guidelines and compatibility
with the neighborhood.
NOTICE OF PUBLIC HEARING:
Public hearing notices were mailed to property owners in a 500 -foot radius of the project
site. Public hearing notices were published in the San Gabriel Valley Tribune and
Inland Valley Daily Bulletin newspapers. A public hearing notice display board was
posted at the site, and legal notices were posted at the City's designated community
posting sites.
ENVIRONMENTAL ASSESSMENT:
The City determined this project is categorically exempt per the 1970 California
Environmental Quality Act (CEQA), Section 15301(e) - additions to existing structures.
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve Development Review No.
2004-33, Findings of Fact, and approval conditions listed within the attachedraj lution.
Prepared by: E .� Reviewed by:
Linda Kayi Nancy Fong, A
Development Service's Associate Community De
ATTACHMENTS:
1. Draft Resolution of Approval with required findings;
2. Site Photos;
3. Aerial;
4. Project time line;
5. Materials & Colors; lighting Ian, and
6. Exhibit "A" — Site plan, floor plan, elevations, roof plan, canopy, g g P
on-site landscape plan dated April 10, 2007.
Page 6 DR 2004-33
DRAFT
ATTACHMENT "I"
PLANNING COMMISSION
RESOLUTION NO. 2007 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR APPROVING DEVELOPMENT REVIEW NO. 2004-33 AND CATEGORICAL
EXEMPTION 15301(e), A REQUEST TO REMODEL AN EXISTING SERVICE
STATION BY REMOVING THE THREE SERVICE BAYS AND ENLARGING THE
CONVENIENCE MART STRUCTURE AND USE AND UPGRADING THE
EXTERIOR DESIGN OF ON-SITE STRUCTURES LOCATED AT 21324
PATHFINDER ROAD (APN: 8285-029-002), DIAMOND BAR, CALIFORNIA.
A. RECITALS
The property owner, Mohamad Salimnia, and applicant, Nassar Moghadam,
filed Development Review No. 2004-33 application for a service station
located 21324 Pathfinder Road, Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject Development Review
and Categorical Exemption shall be referred to as the "Application."
2. Public hearing notices were mailed to property owners in a 500 -foot radius of
the project site. The San Gabriel Valley Tribune and Inland Valley Daily
Bulletin newspapers published the public hearing notice. A public hearing
notice display board was posted at the site and legal notices were posted at
the City's designated community posting sites.
3. On April 10, 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:
1. The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines the Application is categorically
exempt per the 1970 California Environmental Quality Act (CEQA), Section
15301(e).
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 follows:coconclusions set forth herein, this Planning
Commission hereby fins
(a) The commercial site is Assessor Parcel Number 8285-029-002 at
21324 Pathfinder Road, Diamond Bar, California. The relatively flat
square shaped lot is 22,647 square feet in size on the southwest
corner of the Pathfinder Road and Brea Canyon Road intersection.
The existing service station with four fueling pumps at two islands,
three service bays, and the convenience store was completed in
1971.
(b) Commercial Offic(s tth,efdiverse
Gene al Plan Land Use designation retail,
service-related uses,tion and
the zoning.
(c) Diamond Bar High School and single-family residential zoning, R -1 -
Com and R-1-8000 respectively, andthe freeway a e t the
west and south.
Commercial office (CO)(
(d) The Application requests to remodel an existing service station by
removing thea service pg upgrading theys and rging exteriors design convenience
ons t
structure and u
structures.
DEVELOPMENT REVIEW
(e) The design and layout of the proposed development are consistent
with the General Plan, development standards of the applicable
district, design guidelines, and architectural criteria for specialized
area (e.g., theme areas, specific plans, community plans, boulevards,
or planned developments.
The current commercial service station site was established in 1971
before the adoption of the City's General Plan and current Municipal
Code. The adopted July 25, 1995 General Plan Land Use designation
is Commercial Office (CO) intended for a diverse mix of office, retail
and service -related uses. The Application is consistent with the
General Plan Land Use Element Objectives 1.3, 2.2 and 3.2.
2
The proposed project provides forretail and service commercial uses
that are revenue generating as encouraged by Objective 1.3. The
proposed project is refurbishing existing development in an organized
land use pattern to minimize conflicts between adjacent land uses.
The proposed site is enhanced with the closure of the driveway near
the corner. The ADA sidewalk and approach improvements with the
added landscape at the perimeter of Pathfinder Road and Brea
Canyon Road enhance the site and soften the impact of the building
and gas pumps as viewed from the street and encouraged by the
General Plan Objective 2.2.
Additionally, the proposed project is consistent with Objective 3.2
which encourages exemplary design for intensification of existing
development to yield a pleasant living, working, or shopping
environment to attract the interest of residents, worker, shoppers, and
visitors. There is not an applicable specific plan for this project.
(f) The design and layout of the proposed development will not interfere
with the use and enjoyment of neighboring existing or future
development, and will not create traffic or pedestrian hazards.
The City's Trac Engineer and Public Works Department have
studied the Pathfinder Road/Brea Canyon Road intersection with
numerous Capital Improvement Projects including the recent
signalization and turning lanes. Therefore, the applicants and City
worked together to improve this project's on-site circulation to be
consistent with the City's objectives for the intersection.
As a result, the site's four driveways are reduced to three. The Brea
Canyon Road driveway located on the northeast side closest to the
corner will be removed and replaced with landscape. The closure of
this driveway and alignment of the second driveway will shift the left
hand turn movement of Brea Canyon Road further away from the
corner and cause less traffic congestion at the intersection. The
second driveway on Brea Canyon Road and the Pathfinder Road
driveway entrance nearest the corner are widened for the fueling
truck's movement and turning radius. The west Pathfinder Road
driveway entrance is narrowed.
Pathfinder Road and Brea Canyon Road adequately serve the project
site which is currently developed with a service station. The
Application removes the service bay use, maintains the fueling
service, and enlarges the convenience mart's retail sales to include
take out food service such as hot dogs and sandwiches. The remodel
updates the exterior design and circulation for consistency with
surrounding properties.
3
(g) The architectural design of the proposed development is compatible
with the characteristics of the surrounding neighborhood and will
maintain and enhance the harmonious, orderly and attractive
development contemplated by Chapter 22.48, the General Plan, City
Design Guidelines, or any applicable specific plan.
The project site is approximately 22,650 square feet and developed
with a Chevron service station constructed in 1971. The station has
two fuel islands with four pumps, three service bays, and convenience
mart. The proposed project enlarges the existing convenience mart by
removing all service bays. The retail sales and convenience store
uses are increased to include take out food service such as hot dogs
and sandwiches. The remodel updates the exterior structures on-site
meeting the City's development standards. A tower with columns and
entry is proposed for the front elevation with new windows and doors
and stone wainscoting for texture.
As conditioned, the project is consistent with development standards
of the CO zone and will improve the appearance of the site and be
compatible with existing surrounding development with the enhanced
design and landscaping over that required by the Development Code.
The layout of the proposed development will provide adequate space
for vehicles to enter and exit the site and for fuel trucks to maneuver
through the site such that they will not interfere with other on-site
traffic. The proposed architectural improvements are compatible with
surrounding properties and consistent with the General Plan, City's
Design Guidelines and Municipal Code. There is no specific plan.
(h) The design of the proposed development will provide a desirable
environment oits
occupants good aesthetic use of materials,ltexture, and color
l as its
neighbors, throughg
that is aesthetically appealing.
The tower uses Sandstorm (sandstone) roof tiles. The building has a
flat roof with Fog Southern Ledgestone wainscoting and moldings at
the roof will be used on all elevations of the building. Proposed colors
are off-white, noonand the typical red and blue will be proposed with
gray, and sandstone. Chevron's typical blue is
used forfhe canopy
the future signage application.
As noted in finding (g), the proposed improvements enhance the site
and soften the impact of the building and gas pumps viewed from the
street, enhance the site's appearance while maintaining compatibility
with existing surrounding development, and provides better on-site
circulation. These improvements and the proposed colors, materials,
and textures are consistent with and complimentary to the
IH
surrounding properties within the area while offering variety and low
maintenance levels.
(i) The proposed project will not be detrimental to the public health,
safety, or welfare or materially injurious (e.g., negative affect on
property values or resale(s) of property) to the properties or
improvements in the vicinity.
Structural plan check, City permits and inspections, soils analysis as
needed, and Fire Department approval are required for construction.
This project meets Municipal Code building standards including
height. These standards and processes ensure that the finished
project will not be detrimental to the public health, safety, welfare, or
materially injurious to the properties or improvements in the vicinity.
Q) The proposed project has been reviewed in compliance with the
provisions of the California Environmental Quality Act (CEQA).
The City has determined that the proposed project is categorically
exempt per the 1970 California Environmental Quality Act (CEQA),
Section 15301(e).
5. Based upon the findings and conclusion set forth above, the Planning
Commission hereby approves this Application subject to the following
conditions and attached Standard Conditions.
(a) Planning Division
(1) Prior to building permit issuance, the applicant shall provide a
signage application and/or Comprehensive Sign Program to
the Planning Division per Diamond Bar Municipal Code
Sections 22.36 and 22.68.
(2) Prior to building plan check submittal, the applicant shall revise
the island canopy remodel to match the building's stone and
roof molding enhancements. The revision will be reviewed and
approved by the Community Development Director.
(3) Prior to building permit plan check submittal, Plan Sheet A-3,
Key E, shall be changed to Ledgestone as submitted on the
color board.
(4) Prior to building permit plan check submittal, decorative
protection spheres in front of the convenience mart shall be
revised. The design shall be reviewed and approved by the
Community Development Director.
5
(5) All roof mounted equipment shall be screened from public
view.
(g) Lighting in the canopy and roof overhang shall be recessed.
(7) The site's landscape shall be increased to 20 percent and
presented to the Planning Division for approval.
(8) The construction contractor shall abide by all requirements of
the City Code related to noise, as specified in DBMC
Chapter 8.12.
(b) Public Works Department
(g) Applicant shall construct a five-foot wide sidewalk behind the
existing curb and a new driveway approach in accordance with
current American Public Works Association (APWA)
standards. All public improvement shall be approved by the
City Engineer, constructed with an encroachment permit and
completed prior to final inspection/certificate of occupancy
issuance.
(10) Prior to final inspection, any curbs, sidewalks, driveway
approaches, pavement, traffic signals, etc. damaged due to
construction activities shall be repaired or replaced to the
satisfaction of the Public Works Director.
(c) Buil dLin— n and SafetyDivision
(11) If hazardous materials are present in construction debris, then
any and all hazardous waste materials shall be transported off-
site by a properly ic with d he zardous waste Department ofauler, who must
Transportation
be m compliance
regulations.
(12) If hazardous materials are present in construction debris, then
demolition activities shall be performed in compliance with all
applicable federal 403 regulationsd state rlons , and proceduresincluing )/OSHA
and SCAQMD Rule
(13) Before issuanceof a demolition permit by the Buildingf and the
Safety Division, the applicant shall provide a copy o
demolition notification from the SCAQMD. In compliance with
SCAQMD regulations, the applicant is required to show
compliance with regulations for asbestos and lead paint
removal.
9
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: Owner, Mohamad Salimnia, 21324 Pathfinder Road, Diamond Bar,
CA 91765 and applicant, Nassar Moghadam, 44052 Galicia Drive,
Hemet, CA 92544.
APPROVED AND ADOPTED THIS 10th DAY 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, at a regular meeting of the Planning
Commission held on the 10th day of April 2007, by the following vote:
AYES:
Commissioners:
NOES:
Commissioners:
ABSENT:
Commissioners:
ABSTAIN:
Commissioners:
ATTEST:
Nancy Fong, Secretary
7
DEPARTMENT
COMMUNITY DEVELOPMENT
STANDARD CONDITIONS
COMMERCIAL REMODELED STRUCTURES
PROJECT #: Develo ment Review No. 2004-33
SUBJECT: To remodel an existin service station b removin the three service
ba s and enlar in , tf desconvenience of all on -s to strurctures ucture and use and
u radin the exterio
OWNER: Mohamad Salimnia
APPLICANT: Nasser Mo hadam
LOCATION: 21324 Pathfinder Road Diamond Bar CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION
ICONDITIONS:ISIO 09) 839-
7030, FOR COMPLIANCE WITH THE FOLLOWING
A. GENERAL REQUIREMENTS
1. In accordance with Government hold armlesslon the Cty, andb tslofficerspagents
plicant
shall defend, indemnify, an
and employees, from any claim, action, or proceeding to attack, set-aside,
void or annul, the approval of Development Review No. 2004-33 brought
within the time period providff by Government Code vers agents and employees lon are66499.37, In
made a party
the event the city and/or its o
of any such action:
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the
recurred in defense of such claimsluding
reasonable attorneys fees
(b) Applicant shall promptly pay any final judgment rendered against the
Ej
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 Development Review No. 2004-33, at the City of Diamond
Bar Community Development Department, their affidavit stating that they are
aware of and agree to accept all the conditions of this approval. Further, this
approval shall not be effective until the applicants pay remaining City
processing fees, school fees and fees for the review of submitted reports.
3. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business Registration and zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of the Planning Commission Resolution No. 2007 -XX,
Standard Conditions, and all environmental mitigations shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape, irrigation, and elevation plans shall be
coordinated for consistency prior to issuance of City permits (such as
grading, tree removal, encroachment, building, etc.,) or approved use has
commenced, whichever comes first.
10. Applicant shall remove the public hearing notice board within three days of
this project's approval.
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
E7
B.
C
F4
FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public iWorks ssua Departmente of building orgrad Mitigationg
Monitoring) at the established rates, p the Ci School fees as
permit (whichever comes first), as required by City.
required shall be paid priorto the issuance ed Cif building permit. In review and processing
ng
applicant shall pay all remaining prorated � ermit, whichever come first.
fees prior to issuance of grading or building p
Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
1.
2.
TIME LIMITS
1 of shall expire within two years from the date of approval if the
The approval ined in
use has not been exercised as dppecant may request into
ng�a' onle year
Section 22.66.050 (b)(1). The
time extension subject to Municipal Code Section 22.60.050(c) for Planning
Commission approval.
SITE DEVELOPMENT
1 The project site shall be developed
s bmitted o, approved, and amended
conformance with the approved p
herein by the Planning Commission, collectively labeledplans, architectural
herein as Exhibit A including: site plans, floor p
elevations, roof plan, exterior lighting plan, exterior materials and colors,
canopy, landscaping and irrigation on file in the Planning Division, the
conditions contained herein, and Development Code regulations.
2. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc. shaluS a of a tcombinat on ofed out of l'concrete or
view and
adequately screened through the
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
y sound,
3, All structures, including walls, shawl bemaintained
All graffiti in a shall be removed
safe manner with a clean,
rloyW appearance.
within 72 hours by the property
4. The parking lot surface shall be repaired, slurry, and re -stripped, and
driveways and curb ramps shall be I to current bu Iding and from theTcueb to the
path of
travel from a handicap parking stall
building shall not exceed a two percent slope.
10
5. The approved on-site lighting plan shall be reviewed by the Building and
Safety Division for compliance to the City Standards.
E. LANDSCAPE
1. Prior to the Planning Division's final inspection and/or Certificate of
Occupancy issuance, the landscaping/irrigation shall be installed per
approved plan.
2. Prior to releasing occupancy, an inspection shall be conducted by the
Planning Division to determine that the slope vegetation is in satisfactory
condition.
F. SOLID WASTE
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.
2. Trash and recycling receptacles are required and shall meet City
standards. The final design, locations, and the number of trash
receptacles shall be subject to Planning Division review and approval
prior to the issuance of building permits.
3. Adequate capacity shall be provided for the trash and recycling
enclosure design. Such requirements shall be based on the volume
and tonnage generated by the development activity. For every trash
bin needed, there must be enough space for an equivalent recycling
bin shown on the plan as a one to one (1:1) ratio. Submit labeled
location, orientation, dimensions, gates, pedestrian entry, and trash
and recycling bin placement.
APPLICANT SHALL CONTACTTHE PUBLIC WORKS DEPARTMENT, (909)
839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
An Erosion Control Plan shall be submitted concurrently with the
grading plan clearly detailing erosion control measures. These
measures shall be implemented during construction between October
1 st and April 15th. The erosion control plan shall conform to national
Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP's).
11
2. The applicant shall comply with Standard Urban Storm Water
Mitigation Plan (SUSMP) requirements to the satisfaction of the City
Engineer.
ment
3, Construction activities and the transportation ceding equipment shalpl be limited ed
and
materials and operation of he y g
to between the hours of 7:00 aadinand construction uction activities shaay ll
Saturday. Dust generated by grading and
be reduced by watering the soil
Ai i Quality Managementto and during the tDistr ct Rule
ivities and in
accordance with South Coast
402 and Rule 403. Reclaimed construction onter shall be equipment shat be properly
d whenever
possible. Additionally, a
muffled to reduce noise levels.
B. SOILS REPORT
ect site.
1, All equipment staging areas rial stockpile abe nd equipmend on the t storage
Staging area, including ma
te
area, shall be enclosed within
foot -high
whenever the constructionAll
access points in the fence shall be locked
site is not supervised.
C. DRAINAGE
1, Detailed drainage system hformation of the Iot with careful attention
AII drainage/runoff from
to any flood hazard area shall be submitted
the development shall be conveyed from the site to the natural
drainage course. No on-site drainage shall be conveyed to adjacent
parcels, unless that is the natural drainage course.
D. OFF-SITE STREET IMPROVEMENTS
1, Street, sidewalk, driveway approaches, and other right-of-way
improvement plans shall be a 24" x 36" sheet format, prepared by a
registered Civil Engineer, and submitted to and approved by the City
Engineer.
F. SEWER
1. Applicant shall obtain connection permit(s) from the City and County
Sanitation District prior to issuance of building permits.
12
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. Kitchen and bathroom lights shall be fluorescent.
2. 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.
3. 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.
4. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4).
5. The applicant shall submit drawings and calculations prepared by a
California State licensed Architect/Engineer with wet stamp and signature.
6. This project shall comply with the energy conservation requirements of the
State of California Energy Commission.
7. 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.
8. All kitchens shall be equipped with grease interceptors.
9. All food establishments shall obtain County health and environmental waste
permits.
10. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
11. Submit Public Works Department approved drainage and/or parking lot plans
showing clearly all finish elevations, drainage, and retaining walls locations.
12. A separate permit shall be required for all wall and monument signs and shall
be noted on plans.
13. Provide exit analysis showing occupant load for each space, exit width, exit
signs, etc.
14. Indicate all easements on the site plan.
13
15. Fire Department approval shall be required. Contact your property. the this ireoDe Pas located
to
check the fire zone for the t �cashall me t of requirements of thefirezone.
in Hiah Hazard Fire Zone it shall
a. All unenclosed under -floor areas snd/or ohall be ber enclosed areas shallnstructed as exterior lbe
b. All openings into the attic, floor a
covered with corrosion -resistant nexcee mesh not less than where such openings are equipped
inch or more
than 1/2 inch in any dimensionP
with sash or door.
16. T project ect shall be protected by a construction fence and shall comply with
j
the NPDES & BMP requirements (sand bags, etc.).
17. Specify location of tempered glass as required by code.
18. Specify 1/4"/ft slope for all flat surfaces/decks with approved water proofing
material.
APPLICANT SHALL CONTACT THE LOS ANGELES G CON TIONS:
COUNTY FIRE
PREVENTION FOR COMPLIANCE WITH THE FOLLO
1. Emergency access shall be provided,maintaining
in atccordanrce with h Fand eerDepartment
28 foot at all times during construe
requirements.
le construction,
nce of any building
permits
Departmentbhatlb
2. Prior to the issua
temporary water
evidence shall be submitted to the F
supply for fire protection is available pending completion of the required fire
protection system.
rior to
3. All required fire hydrants shall be instanlusd be testednd prov ded and accepted pmaintained
construction. Vehicular access
serviceable throughout construction.
END
14
Attachment "4"
Project Time Line
DR 04 -33 -Chevron
21324 Pathfinder Road
3/27/07 Hearing set for 4/10/07
2/26/07 Submitted architectural plan #4 for hearing review - changes to building
10/6/06 — 2/26/07
Applicants plans in review by Chevron — extension of project review by City
7/26/06 Letter to applicants regarding City Engineer approved site plan #3 — included
previous design comments for re -submittal of architectural plans
7/13/06 City Traffic Engineer approved site plan #3
5/22/06 Submitted site plan #3
4/26/06 Letter to applicants with Traffic Engineer review comments - site plan #2
4/3/06 Applicant dropped off site plan #2 for Traffic Engineer review
2/10/06 Letter to applicants with Traffic Engineer review comments - site plan #1
1/12/06 Submitted site plan #1
1/9/06 Held a meeting at City Hall re: site plan, traffic report, circulation plan, etc. Applicant
will pay for City Engineer Review because City previously studied the intersections
with City CIP projects, lanes, and signalization.
11/7/05 Letter deemed architectural plan #3 incomplete — had very few changes from
previous letters and meeting
10/7/05 Submitted architectural plan #3
Requested and conducted a meeting regarding permitted uses and enlarged
convenience store. Applicant will resubmit plans.
6/8/05 Letter to applicants schedule a design meeting regarding the 5/19/07 comments
5/19/05 Letter to applicants deeming architectural plan #2 incomplete - design issues
4/27105 Submitted architectural plan #2 with convenience store
8/31/04 Letter to applicants deeming architectural plan #1 incomplete - Car wash not
allowed in zone, design issues
8/5/04 Project architectural plan #1
w
».
y
. ,
�
«
■ � \
:z§
�
�
. ■ :
.
>w . <...
. \■ \
�
,.
.
y_\
:� � ■�
�� °
.
§ =y. .
ATTACHMENT "5"
P�1THI"ER ClWVRON
--
QY Q Diamond Bar ,
PPG SBR "142
rr�--rt
iI�`IO�TD
CITY OF DIAMOND BAR - 21825 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NUMBER: 71, - —
MEETING DATE: April 10, 2007
CASE/FILE NUMBER: DR 2007-11, MCUP 2007-07 & MV 2007-03
PROJECT LOCATION: 22438 Golden Springs Drive (southwest corner of
Golden Springs and Grand Avenue)
APPLICATION REQUEST: To construct a 4,739 -square -foot commercial
building with a drive-through facility and to
approve sign locations
PROPERTY OWNERS: Target Corporation
1000 Nicollet Mall
Minneapolis, MN 55403
APPLICANT: David Kuo
984 Crystal Water Lane
Walnut, CA 91789
STAFF RECOMMENDATION: Approve with conditions.
BACKGROUND:
The applicant is proposing to construct a new 4,739 -square -foot single -story
commercial building with two fast food restaurant spaces, one of which will have a drive
through, and a retail space. The restaurant tenant located on the north side of the
building will be Panda Express. The drive-through restaurant and retail tenants have not
been identified.
The project site is located within the Diamond Bar Village shopping center situated on
the corner of Golden Springs and Grand Avenue. It is presently occupied by an existing
Target store, parking lot, and two vacant commercial pads. In January, the Planning
Commission approved a Chili's restaurant on the vacant parcel located on the corner of
Golden Springs and Grand Avenue. The Panda Express building will be located on the
third parcel at Lavender Drive and Golden Springs Drive.
ANALYSIS:
A. Review Authority (Sections 2210.030, 22.58, and 22.48)
The proposed project involves the following applications:
1. Minor Conditional Use Permit No. 2007-07 is required for a drive-through
restaurant.
2. Minor Variance No. 2007-03 for less than the required drive-through lane
width.
3. Development Review No. 2007-11 is required for construction of a new
commercial building.
B. Site and Surrounding General Plan, Zoning and Uses
C. Minor Conditional Use Permit (Section 22.58 and 22.10.030): A minor
conditional use permit is required for drive-through restaurants located within the
Diamond Bar Village Specific Plan. The drive-through lane will begin on the north
side of the building, and then circle around to the rear and onto the south side of
Page 2
(Project No. MUP 2007-07, DR 2007-11 & MV 2007-03)
General Plan
Zone
Uses
Site
Planning Area - 3
Specific Plan (Sub-
Vacant
/Specific Plan
Planning Area 1)
North
GC (Golf Course)
O -S (Open Space)
Golf course
South
Planning Area - 3
Specific Plan - (Sub-
Target store
/Specific Plan
Planning Area 1)
West
Planning Area - 3
Specific Plan - (Sub-
Calvary Chapel
/Specific Plan
Planning Area 1)
East
Planning Area - 3
Specific Plan - (Sub-
Target parking lot and
/Specific Plan
I Planning Area 1)
vacant pad
C. Minor Conditional Use Permit (Section 22.58 and 22.10.030): A minor
conditional use permit is required for drive-through restaurants located within the
Diamond Bar Village Specific Plan. The drive-through lane will begin on the north
side of the building, and then circle around to the rear and onto the south side of
Page 2
(Project No. MUP 2007-07, DR 2007-11 & MV 2007-03)
the building where it will exit into the parking lot. The drive-through window will be
located on the south elevation. The drive-through lane will accommodate
approximately 12 vehicles in the queue. A condition of approval requires the
developer to place traffic control such as stop signs at appropriate locations
subject to Community Development Director review and approval.
C. Minor Variance (Section 22.52): The required width for a drive-through lane is
12 feet. The proposed 11 -foot width requires a minor variance. The site is
constrained by steep slopes and existing tall retaining walls. To enlarge the width
of the drive-through to 12 feet, a new retaining wall will be required to increase
the level pad for construction. Therefore, there are special circumstances
applicable to this site that make it impractical to require compliance with the 12 -
foot width driveway standard.
D. Development Review (Section 22.48): The proposed project is designed
according to the applicable development standards and design guidelines
contained in the Development Code and Diamond Bar Village Specific Plan. The
following table discusses the project's consistency with the applicable standards.
1. Diamond Bar Village Specific Plan Development Standards for
Commercial-Retail/Institutional (Sub -Planning Area 1):
Development Standard
Proposed
Meets Requirements
170,000 sf max. floor area
130,600 sf Target
Yes
for PA -1
6372 sf Chili's
4,739 sf proposed
141,711 sf total
FAR 1.0 max.
.16
Yes
Building setbacks:
45'
Yes
Northerly property line
(Golden Springs): 20'
Interior side setback: None
73'
Yes
Street side setback: 20'
32'
Yes
Rear setback: None
39'
Yes
Parking lot setback from
20'
Yes
Golden Springs: 20' min.
Maximum bldg. ht.: 50'
27'
Yes
Parking (11100 for fast food
44 (19 spaces on-
Yes (See discussion
and 1/250 retail): 44 min.
site and 25 spaces
below.)
within Target
parking lot)
Drive-through lane width:
11'
Needs Minor Variance
12' min.
(See discussion below.)
Page 3
(Project No. MUP 2007-07, DR 2007-11 & MV 2007-03)
2. Site Plan: The orientation of the building is consistent with the approved
Diamond Bar Village Specific Plan. Access to the site is from Grand
Avenue and Golden Springs Drive.
The drive-through lane enters and exits into the parking lot area and,
therefore, will not directly intersect with a public or private street. The
queuing space is sufficient to accommodate approximately 12 vehicles.
Cars queuing in the drive-through lane will be screened from view from the
street by a landscape hedge. The applicant has provided an analysis of
delivery truck circulation that shows sufficient area for turning radius on
the site. The applicant has also provided sufficient turning radii in the
drive-through aisle for vehicles to negotiate the turns.
3. Parking: A total of 44 parking spaces (36 for fast food restaurant area,
three for the outdoor dining area and four for the retail area) will be
required for the project. The following is an analysis of the Diamond Bar
Village shopping center parking requirements:
Chili's restaurant 55
Target 436
Panda Express building 44
Total required parking 535
Total provided on shopping center site 560
Therefore, the Target parking lot has sufficient spaces for the proposed
project. A reciprocal parking and access agreement has been recorded for
the shopping center site.
4. Architectural Features Colors Materials Floor Plan etc. The proposed
design of the building is consistent and compatible with the architectural
theme established by the Target and Chili's. Significant architectural
elements include tower elements at either corner of the front fagade,
stacked stone columns and wainscoting, fabric awnings and decorative
cornice treatment. Although the rear elevation is less detailed, the
landscaping will add additional interest to the elevation. The architecture
style, detailing and landscaping result in an aesthetically pleasing building
that complements the other buildings on the shopping center site.
5. Landscape and hardscape: The applicant has provided a conceptual
landscape plan that shows landscaping will be provided in the area
immediately surrounding the proposed building. The remaining portions of
the setbacks have existing landscaping. The landscaping in front of the
front elevation will consist of shrubs and accent trees that will serve to
Page 4
(Project No. MUP 2007-07, DR 2007-11 & MV 2007-03)
soften the building's appearance. The north, west and south elevations will
also receive additional landscaping adjacent to the building. The drive-
through lane is proposed to be screened with a low dense growth hedge.
The applicant indicated that a low wall consisting of split face block and
stacked stone pilasters will need to be provided at the edge of the drive-
through lane for safety reasons. A condition of approval has been added
to the resolution requiring that the design of the wall be reviewed and
approved by the Community Development Director.
Two small patio areas for outdoor dining are proposed to be located in
front of the building next to the restaurant entrances. The outdoor dining
areas are proposed to have decorative paving.
The proposed landscaping will soften the appearance of the building and
provide emphasis to the main fagade. The outdoor dining areas will
provide additional interest and enliven the front of the building.
6. Siqnage: A comprehensive Sign Program was approved for the Target
Center. The approved sign criteria for the restaurant pad require that the
proposed walls signs be reviewed as part of the design review of the
building as to the size, the sign area and their proportion to the building.
The following is a detailed description of each sign and the analysis of its
placement and sign area:
Type Proposed
Location
Quantity
Sign Area
Meets Code
1. Panda
North elevation
1
42.5 sf
Yes.
Express round
logo and "Panda
Express" text
2. Panda
East (front)
1
49 sf
Exceeds max. area.
Express round
elevation
logo
3. Panda
West elevation
1
42.5 sf
No. Exceeds max.
Express logo
area of 33 sf.
with text
a. Panda Express wall signs: The proposed Panda Express signs add
interest to the building and are appropriately located in the tower
element on the west and north elevations and on the wall on the rear
elevation. As shown in the table, two of the proposed wall signs
slightly exceed the maximum area allowed by the master sign plan. A
condition of approval requires a sign permit be approved before
installation so that they will meet the sign program requirements for
area and number permitted.
Page 5
(Project No. MUP 2007-07, DR 2007-11 & MV 2007-03)
b. Wall signs for future tenants: Consistent with the sign program, each
tenant will have one wall sign per elevation. The drive-through
restaurant tenant sign is proposed to be located on the tower on the
east (front) and south (side) elevations and on the wall on the west
(rear) elevation. The middle tenant signs will be located above the
store front on the east elevation and the wall at the west elevation. The
number and location of the proposed signs appear to be appropriate
and relate well to the building. The project is conditioned on the
submittal of a sign permit application before installation to ensure
compliance with all sign standards.
7.The project design is consistent with the following General Plan
objectives:
Objective 1.3 Designate land for retail and service commercial,
professional services, and other revenue generating uses in sufficient
quantity to meet the City's needs.
The proposed restaurant and retail uses will provide
theronal dining rby office,
and
specialty retail choices to Target customersd o
institutional, and residential uses.
Objective 3.2 Ensure that new development, and intensification of
existing development, yieldso e pleasant of residents, workersg,or shoppe�� a'nd
ng
environment, and attracts
visitors as the result of consistent exemplary design.
The proposed project is consistent with this objective in that, as
conditioned, it will provide a well-designed building that will blend with the
surrounding area and will complement the design of the existing Target
store and soon-to-be constructed
the buCdili' arest nd restaurant. The proposed
landscaping will further enhance
NOTICE OF PUBLIC HEARING:
Public hearing notices were mailed to property owners within a 700 -foot radius of the
project site and the notice was published in the San Gabrielofhelleg9al notice was poLibune sted
A notice display board was posted at the site and a copy
at the City's designated community posting sites.
Page 6
(Project No. MUP 2007-07, DR 2007-11 & MV 2007-03)
ENVIRONMENTAL ASSESSMENT:
On June 29, 2004, the City Council approved and certified an Addendum to the
previously certified Environmental Impact Report (EIR). It is determined that no new
environmental issues have been identified and that none of the elements set forth in
Public Resource Code Section 21166 or Section 15162 of the California Environmental
Quality Act Guidelines exists. Therefore, no subsequent or supplemental EIR or
Mitigated Negative Declaration is required to be prepared.
RECOMMENDATIONS:
Staff recommends that the Planning Commission approve the project with conditions.
Prepared
Sandra Campbell
Contract Senior Planner
Attachments:
Nancy Fo#gP-�
Community Development Director
Draft resolution recommending approval of Minor Conditional Use Permit No.
2007-07, Minor Variance No. 2007-03, and Development Review No. 2007-11;
2. Exhibit "A" - Site plan, landscape plan, architectural elevations, grading plan,
and sign plans
Page 7
(Project No. MUP 2007-07, DR 2007-11 & MV 2007-03)
20RAFT
PLANNING COMMISSION
RESOLUTION NO. 2007-xx
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR APPROVING MINOR C ONDITIONAL USE PERMIT
NO. 2007-07, MINOR VARIANCE NO. 2007-03 AND DEVELOPMENT
REVIEW NO. 2007-11 TO CONSTRUCT AN APPROXIMATELY 4700 -
SQUARE -FOOT COMMERCIAL BUILDING WITH A DRIVE-THROUGH
RESTAURANT ON A PROPERTY LOCATED AT 22438 GOLDEN
SPRINGS DRIVE (APN NO. A PORTION OF 8293-045-008)
A. RECITALS
The applicant, David Kuo, has filed applications for Minor Conditional Use
Permit No. 2007-07, Minor Variance No. 2007-03 and Development Review
No. 2007-11 for construction of an approximately 4,700 -square -foot
commercial building with a drive-through restaurant on property located on
the southwest corner of Golden Springs Drive and Grand Avenue, Diamond
Bar, California. Hereinafter in this Resolution, the subject Minor Conditional
Use Permit, Minor Variance and Development Review shall be referred to as
the "Application."
2 Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and public hearing notices were mailed to property
owners within a 700 -foot radius of the project site. Further, a public hearing
notice display board was posted at the site and at three other locations within
the project vicinity.
3 On April 10, 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:
The Planning Commission hereby specifically finds that all of the facts set
forth in the Recitals, Part A, of this Resolution are true and correct.
2. The Planning Commission hereby determines that the project identified
above in this Resolution does not require further CEQA review. On June 29,
MDRAFT
2004, the City Council approved and certified an Addendum to the previously
certified Environmental Impact Report (EIR). It is determined that no new
environmental issues have been identified and that none of the elements set
forth in Public Resource Code Section 21166 or Section 15162 of the
California Environmental Quality Act Guidelines exists. Therefore, no
subsequent or supplemental EIR or Mitigated Negative Declaration is
required to be prepared.
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 wildlife resources or the habitat
upon which the wildlife depends. Based upon substantial evidence,
ti
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 follows:
conclusions set forth herein, this Planning
Commission hereby finds as o
MINOR CONDITIONAL USE PERMIT (MCUP)
The proposed project is consistent with the required Inor condiment Codte ional as folio use sermit
the Development findings contained in Section 22.56.040 of p
(a) The proposed use is allowed within the subject zoning district with the
approval of a minor conditional use permit and complies with all other
applicable provisions of the development code and the Municipal Code.
The proposed project involves construction of a new approximately 4,700 -
square -foot commercial building with a drive-through restaurant. Drive-
through restaurants are permitted with a minor lconditional atuse ons roft the
As
conditioned, the project complies with app P
Development Code, Diamond Bar Village Specific Plan and Municipal Code.
As conditioned and with the approval of Minor
heaght,csetback�o parking,
7-03, the
project
meets all the standards related to
circulation, and landscaping requirements.
(b) The proposed use is consistent with the general plan and any applicable
specific plan;
2 Planning Commission Resolution No. 2007-xx
MCUP 2007-07, MV 2007-03 & DR 2007-11
a DRii
The project design is consistent with General Plan Objective 1.3 to,
"Designate land for retail and service commercial, professional services, and
other revenue generating uses in sufficient quantity to meet the City's
needs."
The proposed restaurant and retail uses will provide additional dining and
specialty retail choices to Target customers and for persons occupying and
residing in nearby office, institutional, and residential areas.
The project is also consistent with General Plan Objective 3.2 to, "Ensure
that new development, and intensification of existing development, yields a
pleasant living, working, or shopping environment, and attracts interest of
residents, workers, shoppers and visitors as the result of consistent
exemplary design."
The proposed project is consistent with this objective in that, as conditioned,
it will provide a well-designed building that will blend with the surrounding
area and will complement the design of the existing Target store and soon-
to-be constructed Chili's restaurant. The proposed landscaping will further
enhance the building and site.
The project is also consistent with the Diamond Bar Village Specific Plan with
the approval of Minor Variance No. 2007-03.
(c) The design, location, size, and operating characteristics of the proposed use
are compatible with existing and future land uses in the vicinity.
As conditioned, the proposed project is consistent with all applicable
development standards in the Development Code and the Diamond Bar
Village Specific Plan. The design of the building will allow the operation of a
drive-through restaurant. The location of the drive-through lane will not enter
onto any public roadway and will not interfere with on-site traffic circulation.
Vehicles in the drive-through lane will be screened from public view by a low
wall and landscaping along the outside of the lane.
(d) The 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.
As referenced above in Items (a) through (c), the project 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.
3
Planning Commission Resolution No. 2007-xx
MCUP 2007-07, MV 2007-03 & DR 2007-11
&® FT
(e) Granting the minor conditional use permit will not be detrimental to the public
interest, health, safety, convenience or welfare or materially injurious to
persons, property or improvements in the vicinity and zoning district in which
the property is located.
As conditioned, the proposed project 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. Before the
issuance of any City permits, the proposed project will be required to comply
with all conditions within the approved resolution and the Building and Safety
Division, Public Works Division, and Fire Department requirements. Through
the permit and inspection process, those agencies will ensure that the
proposed project is not detrimental to the public health, safety or welfare or
materially injurious to the properties or improvements in the vicinity.
(f) The proposed project has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
The proposed project has been reviewed
in co pliaCEQce with CEQA and
found that it will not require further
DEVELOPMENT REVIEW
The design and layout of the proposed
project are applications astent followsh the findings
required for approval of development view
(g) As conditioned, the design and layout of the proposed project are consistent
with the general plan, development standards of the zoning district, and
design guidelines. The proposed project is consistent with the General
lan
Land Use Element Objectives 1.3 and 3.2 as outlined in Section (b)
As conditioned and with the approval of Minor Conditional Use Permit No.
2007-07 and Minor Variance No. 2007-03, the project is consistent with
development standards of the Diamond Bar Village Specific Plan. The
proposed development will improve the appearance of the site and be
compatible with existing surrounding development in the quality of the design
of the commercial building and provision of landscaping that will enhance the
site. The proposed building is also compatible with and complements the
existing Target store and soon-to-be built Chili's restaurant building on the
shopping center site.
(h) As discussed above in Items (a) through (f), the design and layout of the
proposed development will not interfere with the use and enjoyment of
4 Planning
MCUP 2007-07, MV 2007-03 & DR 2007-11
DDRAFT
neighboring existing or future development, and will not create traffic or
pedestrian hazards.
(i) As discussed above in Item (a), the architectural design of the proposed
development is compatible with the characteristics of the surrounding
neighborhood and existing on-site Target store and soon-to-be built Chili's
restaurant and will maintain the harmonious, orderly and attractive
development contemplated by Chapter 22.48 of the Development Code, the
Diamond Bar Village Specific Plan, the General Plan, and City Design
Guidelines.
Q) As discussed above in Item (a), the design of the proposed development will
provide a desirable environment for its occupants and visiting public, as well
as its neighbors, through an aesthetic use of materials, texture, and color
that will remain aesthetically appealing.
(k) Before issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution and the Building
and Safety Division, Public Works Division, and Fire Department
requirements. Through the permit and inspection process, those agencies
will ensure that the proposed project is not detrimental to the public health,
safety or welfare or materially injurious to the properties or improvements in
the vicinity. Additionally and because of the factors discussed above in Items
(a) through (d) the proposed project will not have a negative affect on
property values or in the vicinity.
Minor Variance
(1) There are special circumstances applicable to the property so that the strict
application of this development code denies the property owner privileges
enjoyed by other property owners in the vicinity and under identical zoning
districts or creates an unnecessary and non -self-created hardship or
unreasonable regulation that makes it obviously impractical to require
compliance with the development standards.
The variance is a request to reduce the width of the drive-through lane to 11
feet from the 92 feet required in Development Code Section 22.42.050. The
strict application of the development standard would deny the property owner
the same privileges enjoyed by adjacent property owners in terms of allowing
for sufficient amount of space for the drive-through lane due to the slope.
The site characteristics are such that there are steep slopes along the north,
west and south property lines that prevent the applicant from providing the
full -width of the drive-through lane. This area of the shopping centersite has
5
Planning Commission Resolution No. 2007 -roc
MCUP 2007-07, MV 2007-03 & DR 2007-11
--= IRAW T
the steepest slopes that raise the site to well above street level. The site
characteristics are not shared by the other parcels at the Target shopping
center.
(m) Granting the variance is necessary for the preservation and enjoyment of
substantial property rights possessed by other property owners in the same
vicinity and zoning district and denied to the property for which the variance
is sought.
The strict application of the development standard would deny the property
owner the right to develop the property with sufficient width for the drive-
through lane to serve the proposed restaurant. The adjacent parcels within
the Target shopping center are not restricted by down slopes at the edges of
the property to the extent that the subject site is.
(n) Granting the variance is consistent with the general plan and any applicable
specific plan.
As described in Section 4(b), granting of the minor variance is consistent with
General Plan Land Use Objectives 1.3 and 3.2.
(o) The proposed entitlement would not be detrimental to the public interest,
health, safety, convenience or welfare of the city.
The project will be required to comply with all conditions within the approved
resolution and the Building and Safety Division, Public Works Division, and
Fire Department requirements. Through the permit and inspection process,
those agencies will ensure that the proposed project is not detrimental to the
public health, safety or welfare or materially injurious to the properties or
improvements in the vicinity. Additionally and because of the factors
discussed above in Items (1) through (o), the proposed project will not have a
negative affect on property values or in the vicinity.
(p) The proposed entitlement has been reviewed in compliance with the
provisions of CEQA.
An EIR has been previously approved for the Diamond Bar Village Specific
Plan and the proposed project is in conformance with the specific plan. As
such, no further environmental review is necessary.
6 Planning commission Resolution No. 2007 -pc
MCUP 2007-07, MV 2007-03 & DR 2007-11
A CRAFT
5. Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application subject to the following conditions:
a. General
(1) The project shall substantially conform to title sheet, site plan, floor
plan, elevations, landscape plan, comprehensive sign plan and details
collectively labeled as Exhibit "A" dated April 10, 2007, as submitted
to, amended herein, and approved by the Planning Commission.
(2) To ensure compliance with all conditions of approval and applicable
codes, the minor conditional use permit shall be subject to periodic
review. If non-compliance with conditions of approval occurs, the
Planning Commission may review the minor conditional use permit.
The Commission may revoke or modify the minor conditional use
permit.
(3) If the Department of Fish and Game determines that Fish and Game
Code Section 711.4 applies to the approval of this project, then the
applicant shall remit to the City, within five days of this grant's
approval, a fee for a documentary handling fee in connection with
Fish and Game Code requirements. Furthermore, if this project is not
exempt from a filing fee imposed because the project has more than a
deminimis impact on fish and wildlife, the applicant shall also pay to
the Department of Fish and Game any such fee and any fine which
the Department determines to be owed.
(4) The project shall be in compliance with pertinent conditions of
approval for Parcel Map No. 61702.
b. Planning Division
(5) The operation of the restaurants/retail shall comply with the City's
noise regulations
(6) Provide screen wall of split face block wall with stacked stone
pilasters with maximum height of 42" at the outer edge of the drive-
through lane. The detailed plan shall be subject to the Community
Development Director's review and approval prior to issuance of
building permits.
(7) Provide on-site traffic control such as stops signs at appropriate
locations subject to the Community Development Director's review
and approval. The detailed plans shall be submitted for Community
7
Planning Commission Resolution No. 2007-xa
MCUP 2007-07, MV 2007-03 & DR 2007-11
&DRAFT
Development Director's review and approval prior to issuance of
building permits.
(8) Before issuance of any building permits, the applicant shall submit for
the Planning Division's review and approval a revised a sign plan that
is consistent with the standards and guidelines contained in the
Diamond Bar Village master sign plan and the City's Development
Code where applicable.
(9) Applicant shall submit an application for a sign permit for review and
approval by the Planning Division before installation of any signs.
Signs are subject to separate building and electrical permits.
(10) Provide landscaping to screen the trash enclosure from public view.
(11) All landscaping and irrigation shall be installed prior to final inspection
and prior to issuance of Certificate of Occupancy.
(12) All tenants, contractors, etc. shall obtain a business registration with
the City of Diamond Bar before start of work.
(13) Upon inspection and if it is determined that the anticipated density of
plant materials as shown on the approved plans do not fully address
the intended, purpose of screening, compliance with conditions of
approval or aesthetics, the Community Development Director or
designee may require the planting of up to 10 percent of the approved
density of plant materials.
(14) All outdoor lighting shall conform to current City requirements as
specified in Section 22.16.050 of the Municipal Code.
(15) The construction contractor shall abide by all requirements of the City
Code related to noise, as specified in Diamond Bar Municipal Code
Chapter 8.12.
C. Public Works Department
(16) All fair share traffic mitigation fees shall be paid in full prior to Building
Permit Issuance.
(17) A final as -graded geotechnical report certifying compaction of the
building pad shall be submitted to the Engineering Department for
review and approval before issuance of building permits.
8 Planning Commission Resolution No. 2007-xx
MCUP 2007-07, MV 2007-03 & DR 2007-11
The Planning Commission shall: R'U/
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution, by certified mail
to: David Kuo, 984 Crystal Water Lane, Walnut, CA 91789
APPROVED AND ADOPTED THIS 10TH DAY OF APRIL 2007, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
A
Steve Nelson, Chairman
I, Nancy Fong, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning
Commission held on the 10th day of April 2007, by the following vote -
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
Nancy hong, Secretary
Planning Commission Resolution No. 2007-xx
MCUP 2007-07, MV 2007-03 & DR 2007-11
C_1DR T
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL
NEW AND REMODELED STRUCTURES
PROJECT #: Minor C 03 i innn' ir-imveto menrtit No. 2007-07, Rev ew No. 2007-11ninor Variance
No. 2007
SUBJECT: Construction of an a roximatel 4 700-s uare-foot commercial
building with adrive-through restaurant
APPLICANT: David Kuo 984 C stat Water Lane Walnut CA 91789
LOCATION: Southwest ornnAr9 f Grand Avenue and Golden Springs Drive,
Diamond BarIbb
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING
DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CON
A. GENERAL REQUIREMENTS
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 Minor Conditional Use Permit No. 2007-07,
Minor Variance No. 2007-03, and Development Review No. 2007-1 1brought
within the time period provided by Goveron 66499.37. In
nment
a made a parry
the event the city and/or its officers, gent and employees
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.
10 Planning Commission Resolution No. 2007 -roc
MCUP 2007-07, MV 2007-03 & DR 2007-11
(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 Minor Conditional Use Permit No. 2007-07, Minor Variance
No. 2007-03, and Development Review No. 2007-11, at the City of Diamond
Bar Community Development Department, their affidavit stating that they are
aware of and agree to accept all the conditions of this approval. Further, this
approval shall not be effective until the applicants pay remaining City
processing fees, school fees and fees for the review of submitted reports.
3. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business Registration and zoning
approval for those businesses located in Diamond Bar.
4. Signed copies of the Planning Commission Resolution No. 2007-xx,
Standard Conditions, and all environmental mitigations shall be included on
the plans (full size). The sheet(s) are for information only to all parties
involved in the construction/grading activities and are not required to be wet
sealed/stamped by a licensed Engineer/Architect.
5. Prior to the plan check, revised site plans and building elevations
incorporating all Conditions of Approval shall be submitted for Planning
Division review and approval.
6. Prior to any use of the project site or business activity being commenced
thereon, all conditions of approval shall be completed.
7. The project site shall be maintained and operated in full compliance with the
conditions of approval and all laws, or other applicable regulations.
8. Approval of this request shall not waive compliance with all sections of the
Development Code, all other applicable City Ordinances, and any applicable
Specific Plan in effect at the time of building permit issuance.
9. All site, grading, landscape, irrigation, and elevation plans shall be
coordinated for consistency prior to issuance of City permits (such as
grading, tree removal, encroachment, building, etc.,) or approved use has
commenced, whichever comes first.
10. Applicant shall remove the public hearing notice board within three days of
this project's approval.
11
Planning Commission Resolution No. 2007 -roc
MCUP 2007-07, MV 2007-03 8 DR 2007-11
11. The applicant shall comply with the requirements of City Planning, Building
and Safety Divisions, Public Works Department, and the Fire Department.
B. FEES/DEPOSITS
1 Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building ograding
permit (whichever comes first), as required by the City.
School required shall be paid prior to the issuance of building permit. In addition, the
applicant shall pay all remaining prorated City project review and processing
fees prior to issuance of grading or building permit, whichever come first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
1, The approval of Minor Conditional Use Permit No. 2007-07, Minor Variance
No. 2007-03, and Development Review No. 2007-11 shall expire within two
years from the date of approval if the use has not been exercised The applicant
ci deed
in accordance to Municipal Code Section 22.66.050 (b)( ).
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
1. The project site shall be developed and maintained I and amended
stantial
conformance with the approved plans submitted to, approved
herein by the Planning Commission, collectively labeled and referenced
herein as Exhibit "A" including: site plans, floorplans, architectural
elevations, exterior materials and colors, landscaping, comprehensive sign
plan, and irrigation on file in the Planning Division, the conditions contained
herein, Development Code regulations.
2. All ground -mounted utility appurtenances such as transformers, air
conditioning condensers, etc., shall be located out of public view and
adequately screened through the use of a combination of concrete or
masonry walls, berms, and/or landscaping to the satisfaction of the Planning
Division.
3. All structures, including walls, 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 ownerloccupant.
12 Planning Commission Resolution No. 2007 -roc
MCUP 2007-07, MV 2007-03 & DR 2007-11
L=1 i s A
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 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.
3. Trash and recycling receptacles are required and shall meet City standards.
The final design, locations, and the number of trash receptacles shall be
subject to Planning Division review and approval prior to the issuance of
building permits.
4. Adequate Capacity shall be provided for the trash and recycling enclosure
design. Such requirements shall be based on the volume and tonnage
generated by the development activity. For every trash bin needed, there
must be enough space for an equivalent recycling bin shown on the plan as
a one to one (1:1) ratio. Submit labeled location, orientation, dimensions,
gates, pedestrian entry, and trash and recycling bin placement.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
An Erosion Control Plan shall be submitted clearly detailing erosion control
measures. These measures shall be implemented during construction
between October 1 st and April 15th. The erosion control plan shall conform
to national Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP's).
2. The applicant shall comply with Standard Urban Storm Water Mitigation Plan
(SUSMP) requirements to the satisfaction of the City Engineer.
3. Grading and construction activities and the transportation of equipment and
materials and operation of heavy grading equipment shall be limited to
between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday.
13
Planning Commission Resolution No. 2007-xx
MCUP 2007-07, MV 2007-03 8, DR 2007-11
Dust generated by grading and construction activities shall be reduced by
watering the soil prior to and during the activities and in accordance with
South Coast Air Quality Management District Rule 402 and Rule 403.
Reclaimed water shall be used whenever possible. Additionally, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
The applicant shall submit drainage and grading plans prepared by a Civil
Engineer, licensed by the State of California, prepared in accordance with
the City's requirements for the City's review and approval. A list of
requirements for grading plan check is available from the Public Works
Department. All grading (cut and fill) calculations shall be submitted to the
City concurrently with the grading plan.
2. All easements and flood hazard areas shall be clearly identified on the
grading plan.
3. All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
enclosed within a 6 foot -high chain link fence. All access points in the
defense shall be locked whenever the construction site is not supervised.
4. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance and
acceptable grading practices.
5. Prior to the issuance of building permits, a pre -construction meeting shall be
held at the project site with the grading contractor, applicant, and city grading
inspector at least 48 hours prior to commencing grading operations.
6. Rough grade certifications by project soils engineer shall be submitted prior
to issuance of building permits for the foundation of the structure.
7. Final grade certifications by project soils and civil engineers shall be
submitted to the Public Works Department prior to the issuance of any
project final inspections/certificate of occupancy respectively.
C. DRAINAGE
Detailed drainage system information of the lot with careful attention to any
flood hazard area shall be submitted. All drainage/runoff from the
development shall be conveyed from the site to the natural drainage course.
No on-site drainage shall be conveyed to adjacent parcels, unless that is the
natural drainage course.
4 Planning Commission Resolution No. 2007-xa
MCUP 2007-07, MV 2007-03 & DR 2007-11
2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic
study shall be prepared by a Civil Engineer registered in the State of
California to the satisfaction of the City Engineer and Los Angeles Public
Works Department.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION,
(909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Plans shall conform to State and Local Building Code (i.e., 2001 California
Building Code, California Plumbing Code, California Mechanical Code, and
the 2004 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. The minimum design load for wind in this area is 80 M.P.H. exposures "C"
and the site is within seismic zone four (4). The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
4. This project shall comply with the energy conservation requirements of the
State of California Energy Commission. Kitchen and bathroom lights shall be
fluorescent.
5. 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.
6. Restaurants shall be equipped with grease interceptors.
7. All food establishments shall obtain County health and environmental waste
permits.
8. Submit to Public Works Department approved grading plans showing clearly
all finish elevations, drainage, and retaining walls locations.
9. "Separate permit shall be required for all wall and monument signs" and shall
be noted on plans.
10. Number of plumbing fixtures shall be in compliance with CBC Appendix 29.
15
Planning Commission Resolution No. 2007-xx
MCUP 2007-07, MV 2007-03 8, DR 2007-11
L RAMI T
11. Provide exit analysis showing occupant load for each space, exit width, exit
signs, etc.
12. Indicate the proposed addition and existing building on the plans. Submit
code analysis and justification showing the following:
a. Each space square foot
b. Each building height
C. Type of construction
d. Sprinkler system
e. Each space 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
13. Verify adequate exit requirements. The distance between required exits shall
be'/s of the building diagonal.
14. Building setback from any slope (toe or top) shall meet Chapter 18 of the
2001 California Building Code.
15. Indicate all easements on the site plan.
16. All retaining walls shall be submitted to the Building & Safety and Public
Work Departments for review and approval.
17. Fire Department approval shall be required.
18. Submit grading plans showing clearly all finish elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to
submitting a pad certification.
19. The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
20. Check drainage patterns with Engineering Department. Surface water shall
drain away from building at a 2% minimum slope.
21. Specify location of tempered glass as required by code.
22. Specify 1/4"M slope for all flat surfaces/ decks with approved water proofing
material. Provide guardrail connection detail (height, spacing, etc.)
23. Private property sewer/septic system shall be approved by the Los Angeles
County Health Department and the California Water Control Board.
16 Planning commission Resolution No. 2007-xx
MCUP 2007-07, MV 2007-03 & DR 2007-11
P, T
APPLICANT SHALL CONTACT THE LOS ANGELES COUNTY FIRE PREVENTION FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
Submit two sets of architectural plans to the Fire Prevention Engineering
offices located at 5823 Rickenbacker Road, Commerce, CA 90040. Plan
sets shall contain a minimum of site plan, floor plan, elevations, door and
window schedules and appropriate section details. Please provide
architectural sheets only. No civil, electrical, mechanical, plumbing, etc.
2. Indicate on plans the Assessor's Parcel Number, type of construction,
building code occupancy classification, area of each floor and building area
increase justification.
3. Provide a minimum unobstructed width of 26 feet, clear to the sky, fire
department vehicular access, with approved turnaround, to within 150 feet of
all portions of exterior walls. The access width shall be increased to 28 feet
when proposed buildings, or portions of buildings, are more than 3 stories, or
more than 35 feet in height. A 32 foot centerline turning radius is required at
each change of direction in vehicle travel regardless of the required width.
4. On the site plan, show the location of all existing public fire hydrants within
300 feet of all property lines and call out the hydrant size and dimension to
property lines. Also show any existing on-site fire hydrants as well.
5. The required fire flow for public fire hydrants at this location is 2000 gallons
per minute at 20 p.s.i. for a. duration of 2 hours over and above daily
domestic demand. A25% reduction in required flow may be applied forType
V-1 Hr. or greater construction and 25% for automatic fire sprinklers. The
minimum reduced fire flow shall not be less than 2000 gallons per minute at
20 p.s.i. for a duration of 2 hours; and not less than 3500 gallons per minute
at 20 p.s.i. for 3 hours when any structure exceeds 70,000 square feet in
total building area.
6. Complete and return the original "Water Availability" Form No. 196
(attached).
7. Additional Requirements may be imposed, in accordance with applicable
codes, regulations, standards and policies after the above information is
reviewed.
END
17
Planning Commission Resolution No. 2007-xx
MCUP 2007-07, MV 2007-03 & DR 2007-11
Q
m
Z
0
Q
U-
0
U
N
7
d
U
Z
w
Q
CL
LU
❑
Z
W
a
0
J
W
W
i
H
z
D
0
U
CO
U
W
0
m
IL
LU_
z
_O
C0
to
O
U
Z_
Z
Z
Q
J
IL
U
Co z
z
z
z
z
z
3:
R
Uo
O
O
O O
O
�
p
a
LO
f=
U
U
F-
U
U
U
U
a
a
a
a
o
J
Q
Q
Q
Q
Q
U in
LU
H
H
H
H
w
N
a
a
a
a
a
a
N
05
�z
00
m
00
.7z
00
mz
00
M:z
00
2z
00
U�
�N
UF-
ZQ
0-
z
0-
g
0-
zQ
U-
zQ
U-
ZQ
a
a2
w2
a2
LL
LLQ
00
wZ
00
00
00
❑w
0
p1
0 O
n
_
WZ
Z
Ww
z
w
oil
pi
U�
LL J
WJ
W J
LL J
LLZ
�Z
Uer
0z
U'
Z
Zz
C�
Z
Zz
U'
z
zz
Zz
C7
zz
C7
(1)
�
�0
z—
Qp
U)
U)
H�
z—
t0
NP
z—
H0
Z—
z
co
H0
z~
z
cA
�O
L-
z~
U
a
U
Qp
Q
U)
Qp
Q
Qp
Q
u)LLJ
Q0
U
cn
W
Q0
CL
a
O
J
a�
O
J
aX
U
O
J
a�
J
ax
U
O
Q
ax
0
J Q
IL
='
a..
¢LL
a
¢U-
a
QLL
¢LL
a
QLL
nom.
¢LL
m
U
Z
_
w
z
a
¢
Q
a
UO
w
w
a
0
w
Q
0
0
¢
¢
z
w
W
C
Q
Y
LL
OJ0
fr
LL
Z
W
2
W
f-
Q
J
W
0
Q
to
O
0
y
W
w
U
w
W
Q
Q
❑
w
❑ Q
Q
QZ
¢
U)
W
3:U
J
F-
Cn
(n
Co
U
-�.
J
J
J
J
Q
J
Q
J
Q
J
IL
J
a
a
Q
Q
Q
❑
2"-
(n
❑
❑
J
t+M)
T
�Op
70�
n
#
ik
O
(D
oN
�O�
N
9
M
R
9
O
N�
N
9
mG
�"'O
NID
CD
o
pN0
W.-
Vy
o
C.
0
O
O
o
0o
to
O
CO
00
O(0Q
ca
C14U a'
N a N
t0
U
W
U
N
Q
N
N
N
N
N
N N
N
N N
co
(:)N
0
0��
p�H
02
DU
Z>
0
0
0
3
V)
N
C
0
U
C
U
U
O
CD
C
�
O
O
J
W�
a= =
U •3.- W
j
W
V
O
J
N
U
O
J
�
Z G>
W-
C
O
U C
W C
N
G
d
N
U
N
Z
W Cl)
W
N
~
V
O
}Z-
U _
w-
@
0
�n
W d
> y N
c
h
.t y
U
y
W
W-
W
W-
z
N
p m C
-
O
O
Y U E
w
U
J
:
$
z
z z
z
z
§
■
E
\
®
P:
G
k§k
8
Nco
ag
_
g
a
a�
§
�N�
_
§E§
c
z
. 0
0 0
0
0
0
\
\
k
S
\
\
§
C)
�
a.
\
\
\
\
\
\
�
\
\
\
\
\
®
:3
-1
\
§z
§z
2
00
\
2z
00
2z
00
§z
00
00
00
/\
(.5 p:
z$
oP
z§
C) P:
§§
o�
K <
0P
Z§
%I
R\
/
r
ƒ
2
2LL
2i
a
0E
0E
\LL
2?
K
&z
Ej
a
u$
@2
aS
W
3�
§Z
FLuIu
L
U,Z
®�
\
/ k
p<
oz
�<
oz
�<
oz
P<
oz
�-
oz
&7
z0
¥=
o
z
zo
¥P
z0
ee_
zo
eE
zo
ep_
z0
ee_
�z
ƒ3
o�
zB
$6
<0
I6
<0
I
I
L/LI
2
/
2
2
I
<
¥
zIo
a -of
0
CLW
Io
o -T
0.0
o-r
a.o
Eo
CL of
Io
®
«LL
I
<U-
<LL
<LL
4L
«_
I
\
<
:
\
\
w
o
e
0zz
k
\
LU
O :E
3
LI) LU
u
<
\ \
CL
§ CL
kk
\ §W
\
¥
§
Ll-\ §
d�
a Z
\ z
f f
§
§
§
/
\
<
s
C)\
w
(n §
§
§
5
O \
E
\ §
2.
_
�
O
I
U)
\
LL
\
z 2
<
o
/
R
k
7
0
u
)~
e
}§
§
N)\
§
■
G\
\
k
§\R
\
k§k
8
S
ag
_
g
a
a�
§
�N�
_
§E§
�
�
c
§§
c
\
.
§
c
3
S
S
\
§
LU >
o
\
Ix
2
\
R /
\ \
\ \
z
\
0
k
\\
\\
%I
R\
/
r
ƒ
2
c
«.
k\
K
«
a
u$
§
�_§
RL,
�«
*@
\
2
�=
g2�%
&7
Gt
�k
/�-
=
w
e
</
�z
Sc
o�
z
\
-�
n
+
a
I
I
�
4�
...........
j 6
Ir
...........
j 6
w
�ij
18
OR
i
;
ry
(V�
S,
�rc
s
i
_
I
�fl
I tI
10.'Y
OR
i
v
ca Ell C
in
1 41
2
,
ca Ell C
in
1 41
U"
I
11
�m
�r
mD
�z
2�,
1'-
3' 4" 10' 4„ 3'-4
2'-6" 14'-G 1 6, 5. .
I
55'-o"
2-1G
SOLID TOP TOWER
o z, SLOPE Y"=1' -C" MIN. SLOPE
m %"=1'-O" MIN. A �
ro on
FD_ -
11'-g"
0
rn
to SLOPE: Y'=,' -C" MIN. /
slope
I` U
/ I 8
11 -6.. / SLOPE: Y'=1' 0" MIN -SLOPE:
Y"=1'p• yl=� 1
o� —7I U
Uj!.-
---------- /
Z. 6., 5,_ 37.
X
Y -n - — p c
..=12_69 PKOPER7Y as OZ, L C, tN �RopIRN vNE �R��f W
co
co Zc
� z
H
]TOP z f coNc. DRrvF-rHRu
p
�_ � �` z
o � o
—
�,a'JZ, 3E'-0"
o
I
)C)
is
I, o
IJAI,
LANDS%A'� ° n
>I E o �
/ O
fTl
X Cn
-may O Ir TI L I � II Df
D
IZ � Z � CllZ
? rn z -0„ o
55'-
z
a C
e -6'
m47,
/ L NDSCAPE '
I/ o
CD
N
O v O
1
N �D J'
CD
rn %-6
�= fY
I 3�
m
coX -0
N � D
w
I' I
w
opz ���; I� w�
�s
I o A
zr CD IN D
PROPERP'
a o POPE Y �
.1. ,
...,_, a . o T+ X � � — '.._' -.►-__?c�d�° �— oho ' 1
=�= dO Ls
I = ��
.............
TOP,_
V� V
-------------- ----- - -
Al
0,0
V� V
-------------- ----- - -
oo+st
+9L
\�
\k\z
�lo
\ z
3
�§
yI$$
\Z,
})�
mm0)
§
1 G)o
»,
/\G\
m
am f /a
3»°
$Z
i
\Z
C
OT ,mz
{
�lo
\ z
3
71
\Z,
})�
mm0)
;m
(§�{
� m
am f /a
$Z
\Z
C
76-P
-- --- -------- -- --
ell.
c AIS
I
}__---
00+51
L
Dy
-- --- -------- -- --
ell.
c AIS
I
}__---
00+51
O F-
S• N U
ai I's' v 9-
U. Uo40_ o mV
c7 cis ryry {ma�yy V o�� n_M a - a u o a
a.0 O
A 5'. •�• Z
NO
V� O
Z m 0 U O_ g z s
z 'Ua w X a
y Lw a 3 aIh
� OM 00It
Ir
c
ir
0
o�
0
Z�
0I
m
W
JW
W
H
0
Z
O
Z9
0
.-
o
LU
Of
aNQo
nouj
0
aZ..ww
a
zwEo
Q 2 o
a tJl c U
Z w
Qa
�a
g w �
Q U �
_J
U-) LL
cow W
NZ_`F`� c
V.Z 0Z 13
KVav,wow WaSSY +-'h SXVOM NDM3a
�NpIµVJ>/pyydmlldli7.VdKEIi FD
p�gtLdFLLVd
.��, xv�aaav�saNv-iaus
x3AtM0 i tQ� L7 VIva .L73 7mj
/ .,:•f;: mow.... \i `\ � \ \ `\ `\ `\ `\ \ I� <
I
�N
❑-41\ I
------ --
F1
- ` \
0-1
I I I
I
I
0 o a
I I � I
\`
E• I �
0
/ .,:•f;: mow.... \i `\ � \ \ `\ `\ `\ `\ \ I� <
I
�N
❑-41\ I
------ --
F1
- ` \
0-1
I I I
I
I
0 o a
I I � I
\`
E• I �
�1
� �.
—�
9¢i6h�JttOUW'ID01L�C
iDFO�YX �dI
ffiRRtiW"YV] ZHii
WVT'FIDOW 113SSVN F9 SNNOM NOIS34
f9L16 YJllV6UNgVVp
III I'I�
ni
-UL NVMI�'Ji"Ub lld@LdlLLVd KCii
_.._�
NOYA�IJ YdOtQdHCVd
�!rvs -+v�(
aa%IltcO i,i.N�i�
71YId'JN.LHDI79.LI5
VLVU JL3aMUd
}
q$�
F
o'QZ�
�
Wm
U
U
99
F 1
pU
U
wa
S
Q
W�S�
u
t
Viz`$
o
1�
o
ONCLSI}L3)3dV3SQNV-I'I']IHNAAOO 3QIA 133d OZ
(dsocol oNusnlal
3dVJSMIV'1
� vwFe OYOY YdONIdSiLYd /ZfIL
� 'l9fvi'f�v ASfT'�
� .� NOUA�IJ TI3Nild}LLYd
�W° snre SNOLLVAM AdONV3
-- R� nom. rnv ud Lw�uv
'SRb15GC38 rdmnrvica� W VOYHOOW 1135SYN�9 SJINOM NOIS30 �I�NMO ! .LN�I'I� V.LYQ 133f02Id
F-01
---------3PIII3002i ---
I
o Q F*— ° �Qa O
d
zW
0
x°
C'
�M1
0
------------------
Ezzi
WYOVHDQ" aaWVN'k sxao b Ho�saa °f�ms m
?I3NM0 / ZN�I'L7 I1d'[d 30021
V.LYQ .LJ31'OZId
Y'1�'OYIiJOW YdSSyN Xq SMNOM N!JIsac
��NA10 / L�I3r I� NOS N0Q6LI67g
(�j
El-
vilva 6STO
ON
.®T/lHR4pp�p �a61Ri13RNe II� w.vviow� MONA31DNd4W<pLLVd
' wvavx1LiSSVNFgsxa0 NOIS30 NVIdTI001d
83NA10/ W31IJ V.LVQi_--a ma
4
wvavNoow a��al.ni
3SSVN �'W S71aOM NJIS30
w,M m
x�xnno � .txaiTJ
S9LI6'yj yyg��NO
'Qa NOANVJ V'Oaa30N,Ai1Yd KCIL r
NOanato aaao-auu.va
L
rsvZa aus
tl.LVQ.LJ3toild
�
RREA CANYON ROA
q
o N
a
AVIIAZOWA LS
_ "may =_ •. .• •. p. � �a
am \ r' '.�. •. T:fSOrai tla¢1Sq�.'� .�. .'.. •�. 3F
. • 9�'OS�VT .. ti .' o
v , vv
ol
a i
I b
\ I
r
f
=C