HomeMy WebLinkAbout12/09/2014 PC AgendaPLANNING
COMMISSION FILE COPY
AGENDA
December 9, 2014
7:00 P.M.
City Hall, Windmill Community Room
21810 Copley Drive
Diamond Bar, CA 91765
Chairman Frank Farago
Commissioner Jimmy Lin
Commissioner Ruth Low
Commissioner Jen "Fred" Mahlke
Commissioner Peter Pirritano
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
21810 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.
Written materials distributed to the Planning Commission within 72 hours of the Planning Commission
meeting are available for public inspection immediately upon distribution in the City Clerk's office at
21810 Copley Drive, Diamond Bar, California, during normal business hours.
in an effort to comply with the requirements of Title II of the Americans with
Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any
type of special equipment, assistance or 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.
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Please refrain from smokino. eatina or The Citv of Diamond Bar uses recycled paper
drinking in the Auditorium 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 open to the public. A member of the
public may address the Commission on the subject of one or more agenda items and/or other items of
which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request
to address the Commission should be submitted in writing at the public hearing, to the Secretary of the
Commission.
As a general rule, the opportunity for public comments will take place at the discretion of the Chair.
However, in order to facilitate the meeting, persons who are interested parties for an item may be
requested to give their presentation at the time the item is called on the calendar. The Chair may limit
individual public input to five minutes on any item; or the Chair may limit the total amount of time
allocated for public testimony based on the number of people requesting to speak and the business of
the Commission.
Individuals are requested to conduct themselves in a professional and businesslike manner.
Comments and questions are welcome so that all points of view are considered prior to the
Commission making recommendations to the staff and City Council.
In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be
posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject
matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission
may act on item that is not on the posted agenda.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION
Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of
the Community Development Department. Agendas are available 72 hours prior to the meeting at City
Hall and the public library, and may be accessed by personal computer at the contact information
below.
Every meeting of the Planning Commission is recorded and duplicate recordings are available for a
nominal charge.
ADA REQUIREMENTS
A cordless microphone is available for those persons with mobility impairments who cannot access the
public speaking area. The service of the cordless microphone and sign language interpreter services
are available by giving notice at least three business days in advance of the meeting. Please
telephone (909) 839-7030 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m.
and 4:30 p.m., Friday.
HELPFUL CONTACT INFORMATION
Copies of Agenda, Rules of the Commission, CDs of Meetings (909) 839-7030
Email: infoC@diamondbarca.gov
Website: www.diamondbarca.gov
CITY OF DIAMOND BAR
PLANNING COMMISSION
Tuesday, December 9, 2014
AGENDA
CALL TO ORDER: 7:00 p.m.
Next Resolution No. 2014-30
PLEDGE OF ALLEGIANCE:
1. ROLL CALL: COMMISSIONERS: Ruth Low, Jen "Fred" Mahlke, Peter
Pirritano, Vice Chairman Jimmy Lin, Chairman Frank Farago
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS:
This is the time and place for the general public to address the members of the Planning
Commission on any item that is within their jurisdiction, allowing the public an opportunity
to speak on non-public hearing and non -agenda items. Please complete a Speaker's
Card for the recordinq Secretary (completion of this form is voluntary). There is
a five-minute maximum time limit when addressing the Planning Commission.
3. APPROVAL OF AGENDA: Chairman
4. CONSENT CALENDAR:
The following items listed on the consent calendar are considered routine and are
approved by a single motion. Consent calendar items may be removed from the agenda
by request of the Commission only:
4.1 Minutes of Regular Meeting: November 25, 2014
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARING(S):
7.1. Conditional Use Permit and Development Review No. PL2014-515 — Under
the authority of Diamond Bar Municipal Code Sections 22.48 and 22.58, the
applicant is requesting Conditional Use Permit and Development Review
approval to construct a new 592 square -foot automated drive-thru car wash and
140 square -foot equipment room to an existing 2,232 square -foot convenience
store building used in conjunction with an existing service station on a
22,651 gross square -foot (0.52 gross acre) lot. The subject property is zoned
Commercial Office (CO) with a consistent underlying General Plan land use
designation of Commercial Office (CO).
DECEMBER 9, 2014
PAGE 2 PLANNING COMMISSION AGENDA
Project Address: 21324 Pathfinder Road
Property Owner/ Mohamad R. Salimnia
Applicant: 500 Topside PI.
Diamond Bar, CA 91765
Environmental Determination: The project has been reviewed for compliance
with the California Environmental Quality Act (CEQA). Based on that
assessment, the City has determined the project to be Categorically Exempt from
the provisions of CEQA pursuant to Article 19 under Section 15301(e) (additions
to existing structures) of the CEQA Guidelines. No further environmental review
is required.
Recommendation: Staff recommends that the Planning Commission approve
Conditional Use Permit and Development Review No. PL2014-515, based on the
Findings of Fact, and subject to the conditions of approval as listed within the
draft resolution.
7.2 Development Review Amendment and Minor Conditional Use Permit
No. PL2012-380 — Under the authority of Diamond Bar Municipal Code
Sections 22.48 and 22.56, the applicant and property owner, is requesting an
amendment to a previously approved Development Review application to
construct a 484 square -foot second floor addition to an existing 2,322 square -
foot, two-story single-family residence with an attached 484 square -foot garage
on a 0.41 gross acre (17,920 gross square -foot) lot. A Minor Conditional Use
Permit is requested to allow a second -story addition to an existing nonconforming
structure with a front setback of 13 feet (where 20 feet is required). The subject
property is zoned Low Medium Density Residential (RLM) with an underlying
General Plan land use designation of Low Density Residential.
Project Address: 22831 Rio Lobos Rd.
Property Owner/ Araceli Martinez
Applicant: 22831 Rio Lobos Rd.
Diamond Bar, CA 91765
Environmental Determination: The project has been reviewed for compliance
with the California Environmental Quality Act (CEQA). Based on that
assessment, the City has determined the project to be Categorically Exempt from
the provisions of CEQA pursuant to Article 19 under Section 15301(e) (additions
to existing structures) of the CEQA Guidelines. No further environmental review
is required.
DECEMBER 9, 2014
E
PAGE 3 PLANNING COMMISSION AGENDA
Recommendation: Staff recommends that the Planning Commission approve
Development Review amendment and Minor Conditional Use Permit
No. PL2012-380, based on the Findings of Fact, and subject to the conditions of
approval as listed within the draft resolution.
7.3 Development Review Conditional Use Permit and Amendment to
Comprehensive Sign Program No. PL2013-343 — Under the authority of
Diamond Bar Municipal Code Sections 22.48, 22.58 and 22.36.060, the applicant
is requesting approval of a Development Review application to construct a 4,894
square -foot commercial building on a 30,246 square -foot (0.69) gross acre lot, a
Conditional Use Permit for drive-thru services, and an Amendment to the
Comprehensive Sign Program to replace an existing monument sign on the
northwest corner of Grand Avenue and Lavender Drive. The subject property is
zoned Diamond Bar Village Specific Plan with an underlying General Plan land
use designation of Planning Area 3 -Specific Plan.
Project Address: 22438 Golden Springs Dr.
Property Owner: CFT Developments, LLC
1683 Walnut Grove Ave.
Rosemead, CA 91770
Applicant: Gary Wang and Associates
1255 Corporate Center Dr.
Monterey Park, CA 91754
Environmental Determination: The project has been reviewed for compliance
with the California Environmental Quality Act (CEQA). Based on that
assessment, the City has determined the project to be Categorically Exempt from
the provisions of CEQA pursuant to Article 19 under Section 15303(c) (New
Commercial Structure Not Exceeding 10,000 Sq. Ft. in Floor Area) of the CEQA
Guidelines. No further environmental review is required.
Recommendation: Staff recommends that the Planning Commission approve
Development Review, Conditional Use Permit and Amendment to
Comprehensive Sign Program No. PL2013-343, based on the Findings of Fact,
and subject to the conditions of approval as listed within the draft resolution.
PLANNING COMMISSION COMMENTS / INFORMATIONAL ITEMS:
9. STAFF COMMENTS / INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects:
DECEMBER 9, 2014 PAGE 4 PLANNING COMMISSION AGENDA
10. SCHEDULE OF FUTURE EVENTS:
TRAFFIC AND TRANSPORTATION
COMMISSION MEETING:
CITY COUNCIL MEETING:
PLANNING COMMISSION
MEETING:
CHRISTMAS EVE:
(City Holiday)
CHRISTMAS DAY:
(City Holiday)
NEW YEAR'S DAY:
(City Holiday)
PARKS AND RECREATION
COMMISSION MEETING:
11. ADJOURNMENT:
Thursday, December 11, 2014 - 7:00 p.m.
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
Tuesday, December 16, 2014 — 6:30 p.m.
South Coast Air Quality Management
District Auditorium, 21825 Copley Dr.
Diamond Bar, CA 91765
Tuesday, December 23, 2014 — 7:00 p.m.
Diamond Bar City Hall,
Windmill Community Room
21810 Copley Drive
Wednesday, December 24, 2014 -
In observance of the holiday, City offices
will be closed.
Thursday, December 25, 2014 -
In observance of the holiday, City offices
will be closed. City offices will re -open on
Friday, December 26, 2014.
Thursday, January 1, 2015— In observance
of the holiday, City offices will be closed.
City offices will re -open on Friday,
January 2, 2015.
Thursday, January 22, 2015 — 7:00 p.m.
Diamond Bar City Hall
Windmill Community Room
21810 Copley Drive
MINUTES OF THE CITY OF DIAMOND BAR
MEETING OF THE PLANNING COMMISSION
NOVEMBER 25, 2014
CALL TO ORDER:
Chairman Frank Farago called the meeting to order at 7:00 p.m. in the City Hall Windmill Room,
21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Pirritano led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Ruth Low, Jennifer "Fred" Mahlke, Peter
Pirritano, and Chairman Frank Farago
Absent: Vice Chairman Jimmy Lin was excused.
Also present: Greg Gubman, Community Development Director; Grace
Lee, Senior Planner; Josue Espino, Assistant Planner; Stella Marquez, Administrative
Coordinator
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As presented
4. CONSENT CALENDAR:
4.1 Minutes of the October 28, 2014, Regular Meeting.
C/Pirritano moved, C/Low seconded, to approve the October 28, 2014, regular
meeting minutes as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Low, Mahlke, Pirritano,
Chair/Farago
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Lin
5. OLD BUSINESS: None
6. NEW BUSINESS:
6.1 Conditional Use Permit and Development Review No. PL2014-515 — Under
the authority of Diamond Bar Municipal Code Sections 22.48 and 22.58, the
applicant requested Conditional Use Permit and Development Review approval
NOVEMBER 25, 2014
PAGE 2
F 1 AF m
PLANNING COMMISSION
to construct a new 592 square foot automated drive-thru car wash and 140
square foot equipment room to an existing 2,232 square foot food mart building
used in conjunction with an existing service station on a 22,651 gross square foot
(0.52 gross acre) lot. The subject property is zoned Commercial Office (CO) with
a consistent underlying General Plan land use designation of Commercial Office
(CO).
PROJECT ADDRESS:
PROPERTY OWNER/
APPLICANT:
221324 Pathfinder Road
Diamond Bar. CA 91765
Mohamad R. Salimnia
500 Topside Place
Diamond Bar, CA 91765
AP/Espino stated that because this item was not properly posted for tonight's
meeting, staff is requesting that the Planning Commission table the matter for the
December 9, 2014, Planning Commission meeting.
Chair/Farago moved, C/Mahlke seconded, to table Conditional Use Permit and
Development Review No. PL2014-515 to the Planning Commission's regular
meeting of December 9, 2014. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Low, Mahlke, Pirritano,
Chair/Farago
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Lin
7. PUBLIC HEARING(S):
7.1 Development Review and Tree Permit No. PL2014-238 - Under the authority
of Diamond Bar Municipal Code Section 22.48, the applicant and property owner,
requested Development Review to construct a new 11,295 square foot three-
level single family residence with an attached 1,074 square foot, five -car garage
on a 49,223 gross square foot (1.13 gross acres) lot, and Tree Permit to remove
one protected multiple -trunk Black Walnut tree and replace it at a minimum 3:1
ratio. The subject property is zoned Rural Residential (RR) with a consistent
underlying General Plan land use designation of Rural Residential (RR).
PROJECT ADDRESS: 2112 Rocky View Road
Diamond Bar, CA 91765
NOVEMBER 25, 2014
PROPERTY OWNER:
APPLICANT:
PAGE 3 PLANNING COMMISSION
Chacko C. Jacob
14311 Newport Avenue #G-513
Tustin, CA 92780
Pete Volbeda
180 N. Benson Avenue #D
Upland, CA 91786
AP/Espino presented staffs report and recommended Planning Commission
approval of Development Review and Tree Permit No. PL2014-5238, based on
the Findings of Fact, and subject to the conditions of approval as listed within the
resolution.
C/Low asked what would happen if The Country Estates Homeowners
Association chose not to approve or requested additional conditions not listed in
the resolution. AP/Espino responded that any conditions that result through the
association's approval will have to be in substantial conformance to the plans
approved this evening, and if staff feels those conditions substantially modify the
conditions to the point of inconsistency it would be brought back to the Planning
Commission for further review. If the association elects to disapprove the project
altogether, the project entitlements will run with the expiration indicated in the
conditions and if the applicant does not pull building permits within two years of
date of approval, the entitlement expires.
C/Low asked if the approval includes the swimming pool and landscaping plan
and AP/Espino responded that C/Low was correct.
C/Pirritano asked if the project had been approved by The Country Estates
Architectural Committee and AP/Espino stated that his understanding was at the
time of staff's review of the project, it was not approved by the association.
Chair/Farago opened the public hearing.
Pete Volbeda, architect, stated that a home was approved to be built on this lot
about seven years ago but because of the recession it did not move forward to
issuance of permits. This project is very similar in design except that there are
fewer retaining walls that will be installed for the 25 foot usable rear yard. In
addition, the Mediterranean design was eliminated in favor of the Prairie style
design. The project intends to meet all of the Planning Commission conditions.
Chair/Farago closed the public hearing.
NOVEMBER 25, 2014
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PAGE 4 PLANNING COMMISSION
C/Pirritano moved, C/Mahlke seconded, to approve Development Review and
Tree Permit No. PL2014-238, based on the Findings of Fact, and subject to the
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: Low, Mahlke, Pirritano,
Chair/Farago
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Lin
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Low thanked staff for a great job and wished everyone a very Happy Thanksgiving.
C/Pirritano thanked staff for their support.
C/Mahlke agreed that staff has been very supportive. She has been on the Commission
for a few weeks and when she receives the agenda packet it is like opening a box of
new information. The more she learns the more she understands how difficult and time-
consuming staff's job is to make it look easy for the Commission. She wished everyone
a Happy Thanksgiving.
Chair/Farago wished everyone a happy and safe holiday.
STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
CDD/Gubman stated the next Planning Commission meeting is scheduled for
December 9, 2014. In addition to the Chevron Station's proposed addition of the
drive-through car wash, staff will be presenting to the Commission the new
proposed 5,000 square foot three -tenant retail commercial building on the
presently vacant pad across the parking lot from Chili's.
CDD/Gubman wished the Commissioners a Happy Thanksgiving on behalf of
staff.
NOVEMBER 25, 2014 PAGE 5 PLANNING COMMISSION
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Farago adjourned the regular meeting at 7:13 p.m.
The foregoing minutes are hereby approved this 9th day of December, 2014.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
Frank Farago, Chairman
CITY OF DIAMOND BAR - 21810 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL. (909) 839-7030- FAX (909) 861-3117
AGENDA ITEM NUMBER:
MEETING DATE:
CASE/FILE NUMBER:
PROJECT LOCATION:
GENERAL PLAN DESIGNATION:
ZONING DISTRICT:
PROPERTY OWNER:
APPLICANT:
SUMMARY:
7.1
December 9, 2014
Development Review and Conditional Use
Permit No. PL2014-515
21324 Pathfinder Road
Diamond Bar, CA 91765
(APN 8285-029-002)
Commercial Office
CO (Commercial Office)
SMT Real Estate Holdings, LLC
500 Topside Place
Diamond Bar, CA 91765
Mohamad R. Salimnia
500 Topside Place
Diamond Bar, CA 9.1765
The applicant is requesting approval of a Development Review and Conditional Use
Permit to add a new 592 square -foot fully automated drive-thru car wash and 140 square -
foot equipment room to an existing 2,232 square -foot (Extra Mile) convenience store
building used in conjunction with an existing (Chevron) service station on a 22,651 gross
square -foot (.52 gross acre) lot.
RECOMMENDATION:
Adopt the attached Resolution (Attachment 1) approving Development Review and
Conditional Use Permit No. PL2014-515, based on the findings of Diamond Bar Municipal
Code (DBMC) Sections 22.48 and 22.58, subject to conditions.
BACKGROUND:
The site is located on the southwest corner of the Brea Canyon Road and Pathfinder
Road intersection. The site was first developed as a gasoline and automotive service
station in 1971 under Los Angeles County standards. On April 10, 2007, the Planning
Commission approved a remodel of the commercial building and removal of three service
bays used for automotive service to allow for the expansion of the convenience store use
within the building. The convenience store area expansion replaced the automotive
service bay area. No additional floor area was added at this time.
The property is legally described as Lot 3 of Parcel Map Book No. 29, Page 44, and the
Assessor's Parcel Number (APN) is 8285-029-002.
Project Description
The applicant is proposing to construct a 592 square -foot fully automated drive-thru car
wash and 140 square -foot equipment room addition to the existing convenience store
building as an accessory use to the service station. The proposed project consists of the
following site plan and architectural components:
Site Plan
The proposed project is located on an elevated corner parcel at the signalized intersection
of Brea Canyon Road and Pathfinder Road. The service station is developed with two
rectangular shaped structures consisting of a 2,232 square -foot Extra Mile branded
convenience store building and a 1,960 square -foot fuel canopy, covering eight self -serve
fuel dispensing stations. The existing convenience store is located at the south end of
the property, oriented parallel to Pathfinder Road approximately 96 feet from the front
property line. The fuel canopy is centrally located on the north side of the property,
fronting along Pathfinder Road, oriented parallel to Brea Canyon Road. The site is
improved with sufficient off-street vehicular parking spaces, landscape areas along the
perimeter of the property, on-site exterior lighting, and ancillary self-services customarily
provided by service stations, such as an air, water, and vacuum station.
Vehicular access to the site is provided by three means of ingress/egress. Two driveway
approaches are available for entering and exiting the property via right turns only from
eastbound traffic along Pathfinder Road and one driveway approach is available for both
left and right turns from north and southbound directions along Brea Canyon Road.
Americans with Disabilities Act (ADA) compliant pedestrian access is designated from the
adjacent public sidewalk along Brea Canyon Road.
The carwash is proposed to be added to the west side of the convenience store building
and will provide for a minimum of three queuing spaces to enter the carwash tunnel from
the north side of the building. A 12 -foot wide drive aisle will be located behind the building,
adjacent to the south side property line for cars to exit towards Brea Canyon Road.
DR and CUP No. PL 2014-515 Page 2 of 10
IMWInoIa10 MYTIMIl7
Site Plan
Building
The proposed 592 square -foot, one-story, fully automated car -wash building and
140 square -foot equipment room consists of the following architectural components:
• Asymmetrical design to match the existing architectural style;
• Textured stucco finish exterior walls with Limestone tile base veneer to match
existing; and
• Horizontal stucco moldings to match existing.
DR and CUP No. PL 2014-515 Page 3 of 10
Site and Surrounding General Plan. Zoning and Land Uses
The following table describes the surrounding land uses located adjacent to the subject
property:
Site Aerial
DR and CUP No. PL 2014-515 Page 4 of 10
General Plan Designation
Zoning
District
Land Use
Site
Commercial Office
CO
Existing Food -Mart and Service
Station
[North
Low Density Residential
RLM
Single -Family Residential
South
Commercial Office
CO
Dental Office / Tutoring School
Previous) Denny's)
East
School
RLM
Diamond Bar High School
West�F
Commercial Office
CO
Office Building
Site Aerial
DR and CUP No. PL 2014-515 Page 4 of 10
View Looking Southwest from Brea Canyon Road / Pathfinder Road Intersection
ANALYSIS:
Review Authority (Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.58
The proposed project requires Planning Commission review and approval of two
entitlement applications: Development Review (DR) and a Conditional Use Permit (CUP).
The analysis that follows provides the basis for staff's recommendation to approve the
DR and CUP.
Development Review (DBMC Section 22.48)
Construction of additions to existing commercial buildings require Planning Commission
approval of a Development Review application. Development Review approval is
required to ensure compliance with the City's General Plan policies, development
standards and design guidelines, and to minimize adverse effects of the proposed project
upon the surrounding properties and the City in general.
As stated in Section 22.48.010 of the Development Code, the Development Review
process was established to ensure that new development and additions to existing
DR and CUP No. PL 2014-515 Page 5 of 10
development are consistent with the General Plan "through the promotion of high
functional and aesthetic standards to complement and add to the economic, physical, and
social character" of Diamond Bar.
Development Standards: The following table compares the proposed project with
the City's development standards for commercial development in the CO zone:
Site and Grading Configuration: The subject addition is on the existing level pad
and minimal grading will be required for site preparation and trenching of the footing
and foundation system.
Runoff Management: The 2012 Standard Urban Stormwater Mitigation Program
(SUSMP) and Low Impact Development (LID) permit requires complete onsite
infiltration of stormwater. If complete infiltration is infeasible, stormwater runoff is
required to be bio -treated. The applicant is proposing complete infiltration for the
development of the car wash addition.
Also, as required by Assembly Bill (AB) 2230, the proposed carwash is required to
install, use, and maintain a water recycling system that recycles and reuses at least
60 percent of the wash and rinse; or use recycled water provided by a water supplier
for at least 60 percent of its wash and rinse water. The car wash will utilize a water
recycling system in which wastewater will be filtrated through a 1,500 gallon triple
compartment clarifier before connection to the sewer system.
The SUSMP/LID plans shall be reviewed during plan check for compliance with the
new 2012 permit requirements. Also, a condition of approval is added to the resolution
to ensure compliance with AB 2230 to show that the water recycling system of the car
wash will reuse at least 60 percent of the wash and rinse.
DR and CUP No. PL 2014-515 Page 6 of 10
Architectural Features, Colors, and Materials: The City's Design Guidelines have
been established to encourage compatible building and site design throughout the city
that improves the visual quality of the surrounding area through aesthetically pleasing
site planning, building design, and architecture. In addition, a primary objective is to
Promote compatibility with adjacent uses to minimize any potential negative impacts.
The architectural style of the addition is contemporary and will be compatible with the
architectural style of the convenience store. The proposed car wash and equipment
room incorporate similar exterior colors and material finishes to match the existing
store.
North (Front) Elevation
Landscaping: A landscape plan was submitted as part of the application. A majority
of the existing landscaping located on the perimeter of the property will remain. An
additional landscape area is proposed on the east side of the car wash entrance. All
landscaping and irrigation shall be installed prior to final inspection or issuance of a
Certificate of Occupancy. The project is also required to comply with the new water -
efficient landscape requirements, which will be verified during building plan check.
Conditional Use Permit (DBMC Section 22.58
A Conditional Use Permit is required for a fully automated drive-thru carwash that is
accessory to a service station.
When reviewing a CUP, consideration is given to the location, design, configuration,
operational characteristics and potential impacts to determine whether or not the
proposed use will pose a detriment to the public health, safety and welfare. If it can be
found that the proposed use is likely to be compatible with its surroundings, the
Commission may approve the proposed use subject to conditions stipulating the manner
in which the use must be conducted. If the Commission finds that the proposed use is
likely to be detrimental to the general peace, health and general welfare, then it must
deny the request.
When a CUP is approved, it runs with the land and all conditions placed -on the CUP are
binding on all successors in interest. In other words, if the convenience store and service
station were to close the business after it has begun operating, a new tenant could locate
DR and CUP No. PL 2014-515 Page 7 of 10
in the space and operate with the same service. The new tenant would be required to
comply with the same conditions as the previous tenant and would not be permitted to
modify the car wash without full review and approval by the Planning Commission.
A CUP is required for a fully automated drive-thru carwash that is accessory to a service
station to make sure that the design and operation of the use effectively mitigates
problems of vehicular traffic and congestion, excessive pavement, litter, noise, and
unsightliness.
The proposed car wash tunnel has adequate queuing space and the proposed design will
be more than adequate to accommodate the expected vehicle demand. Cars queuing
for a car wash will be located along the central west side property line, approximately
75 feet from the front property line along Pathfinder Road, A three-foot wide planted
landscape buffer and a two -foot high block wall abutting the interior side property line
provides a sufficient visual barrier of cars queuing for a wash or drying from adjoining
properties and the public right-of-way. Additional screening is provided by mature
eucalyptus trees along the adjacent sloped landscape area on the property to the west
and south of the elevated building pad of the subject site.
Off -Street Parking
A total of 20 on-site parking/queuing/drying spaces are required for the project. The
service station provides eight spaces for fueling, nine spaces for the convenience store,
and three spaces for the car wash. Therefore, there is sufficient parking available for the
cumulative uses on the property.
Parking Requirement
Use
Sq. Ft.
Parking Ratio
Parking
Park' n '0
Required
Provide
Service Station
1,960
1 space per 250 sq. ft.
8
Convenience Store
2,372
1 space per 250 sq. ft.
9.5
2.5 spaces per car
Car Wash
592
wash for queuing and
2.5
drying
Total
4,924
20
20
Traffic and Circulation
The proposed car wash will be an accessory use to the service station and convenience
store and will be located towards the rear corner of the property, furthest away from the
adjacent roadways. The proposed use provides for adequate on-site maneuvering and
does not generate a substantial increase in vehicle trips to the service station, therefore,
a traffic study was not required.
The Public Works/Engineering Department reviewed the proposed driveway approaches
finding them to be in compliance with Development Code requirements for driveway
DR and CUP No. PL 2014-515 Page 8 of 10
spacing for nonresidential development of a 50 -foot minimum distance between the
centerline of the driveways.
Noise
As mentioned, the car wash is located on the west side of the convenience store building,
at the southwest corner of the site. The forced air blowers will be located within the tunnel
car wash structure at the south end of the car wash, at the rear of the property.
Noise is typically measured in decibels on the A -weighted scale dbA which most closely
resembles the range of human hearing. Community noise levels are often measured on
the Community Noise Equivalent Level (CNEL) scale. Section 22.28.120(1)(b) of the
Diamond Bar Municipal Code (DBMC) prohibits operating or permitting the operation of
any forced -air blower in a tunnel car wash between the hours of 7:00 a.m. and 8:00 p.m.
in such a manner as to exceed a 60 dbA sound level in a commercial zone.
The convenience store and service station operates 24 hours per day, 7 days a week. As
stated above, the DBMC prohibits the operation of any forced -air blower in a tunnel car
wash to exceed a 60 db sound level between the hours of 7:00 a.m. and 8:00 p.m. As
such, a condition of approval is added to the resolution to limit the hours of operation of
the carwash between 7:00 a.m. and 8:00 p.m., daily. The service station and convenience
store will continue operating 24/7. Further, a condition of approval is added to the
resolution to provide details and specifications of the car wash and air blowers to show
that the noise level will not exceed a CNEL of 60 dbA prior to building permit issuance.
Compatibility With Neighborhood
The proposed project complies with the goals and objectives as set forth in the adopted
General Plan in terms of land use. The project will not negatively affect the existing
surrounding land uses, and the design and appearance of the proposed car wash to the
convenience store building is compatible with the surrounding community.
The project incorporates the principles of the City's Commercial Design Guidelines as
follows:
Y Building design is compatible with surrounding development;
• The proposed building reflects a sense of balance and proportion such as building
massing and roof design;
• The architectural treatment of the building extends to all visible sides and parapet
walls are treated as an integral part of the building design; and
• The proposed landscaping softens the building bulk without obscuring signage or
architectural features and softens the edges between adjoining properties.
DR and CUP No. PL 2014-515 Page 9 of 10
Additional Review
The Public Works Department and Building and Safety Division reviewed this project and
included their comments in the attached resolution as conditions of approval.
NOTICE OF PUBLIC HEARING:
Public hearing notices were mailed to property owners within a 500 -foot radius of the
project site on November 26, 2014, and the notice was published in the Inland Valley
Daily Tribune and San Gabriel Valley Tribune newspapers on November 28, 2014. The
project site was posted with a notice display board, and a copy of the public notice was
posted at the City's three designated community posting sites.
PUBLIC COMMENT:
At the time the staff report was published, staff had not received any comments from the
public.
ENVIRONMENTAL ASSESSMENT:
This project has been reviewed for compliance with the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19
Section 15301(e) (additions to existing structures) of the CEQA Guidelines. No further
environmental review is required.
Prepared by:
osu Espino
k,Assis nt Planner
Attachments:
Reviewed by,::
Grace Lee
Senior Planner
1. Draft Resolution No. 2014 -XX and Conditions of Approval
2. Site Plan, Floor Plan, Elevations, and Landscape Plan
DR and CUP No. PL 2014-515 Page 10 of 10
PLANNING COMMISSION
RESOLUTION NO. 2014 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND
BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW AND CONDITIONAL
USE PERMIT NO. PL2014-515 TO ADD A NEW 592 SQUARE -FOOT FULLY
AUTOMATED DRIVE-THRU CAR WASH AND 140 SQUARE -FOOT EQUIPMENT
ROOM TO AN EXISTING 2,232 SQUARE -FOOT (EXTRA MILE) CONVENIENCE
STORE BUILDING USED IN CONJUCTION WITH AN EXISTING (CHEVRON)
SERVICE STATION ON A 0.52 GROSS ACRE (22,651 GROSS SQUARE -FOOT)
LOT; A CONDITIONAL USE PERMIT IS REQUESTED FOR A FULLY AUTOMATED
DRIVE-THRU CARWASH THAT IS ACCESSORY TO A SERVICE STATION
LOCATED AT 21324 PATHFINDER ROAD, DIAMOND BAR, CA 91765
(APN 8285-029-002).
A. RECITALS
1. The property owner, SMT Real Estate Holdings, LLC, and applicant, Mohamad
R. Salimnia, have filed an application for Development Review and Conditional
Use Permit No. PL2014-515 to add a new 592 square -foot fully automated drive-
thru car wash and 140 square -foot equipment room to an existing 2,232 square -
foot (Extra Mile) convenience store building used in conjunction with an existing
(Chevron) service station located at 21324 Pathfinder Road, Diamond Bar,
County of Los Angeles, California.
2. The following approvals are requested from the Planning Commission
(a) Development Review to add a new 592 square -foot fully automated drive-
thru car wash and 140 square foot equipment room; and
(b) Conditional Use Permit for a fully automated car drive-thru car wash that is
accessory to a service station.
Hereinafter in this Resolution, the subject Development Review and Conditional
Use Permit shall be referred to as the "Proposed Project."
3. The subject property is made up of one parcel totaling 22,651 square feet
(0.52 gross acres). It is located in the Commercial Office (CO) zone with an
underlying General Plan land use designation of Commercial Office.
4. The legal description of the subject property is Lot 3 of Parcel Map Book No. 29,
Page 44. The Assessor's Parcel Number is 8285-029-002.
5. On November 28, 2014, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin
newspapers. On November 26, 2014, public hearing notices were mailed to
property owners within a 500 -foot radius of the Project site. Public notices were
posted at the City's designated community posting sites on November 26, 2014.
In addition to the published and mailed notices, the project site was posted with
a display board and the notice was posted at three other locations within the
project vicinity.
6. On December 9, 2014, the Planning Commission of the City of Diamond Bar
conducted a duly noticed public hearing, solicited testimony from all interested
individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning Commission
of the City of Diamond Bar as follows:
1. 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; and
2. The Planning Commission hereby determines the Project to be Categorically
Exempt from the provisions of the California Environmental Quality Act (CEQA)
pursuant to the provisions of Article 19, Section 15301(e) (additions to existing
structures) of the CEQA Guidelines. Therefore, no further environmental review
is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.58, this Planning -
Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
1. The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and
development standards of the applicable district,. design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments):
The Proposed Project is consistent with the applicable elements of the City's
General Plan, City Design Guidelines and development standards by meeting all
of the required setbacks of the Commercial Office zone. The proposed car wash
and equipment room addition have been designed to be complementary to the
existing convenience store building and is designed to fit the site and its
surroundings.
The architectural style of the addition is contemporary and will be compatible with
the architectural style of the convenience store. The proposed car wash and
equipment room incorporate similar exterior colors and material finishes to match
the existing store and includes design features such as an asymmetrical design,
textured stucco finish exterior walls with Limestone tile base veneer, and
horizontal stucco moldings.
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Planning Commission Resolution No. 2014 -XX
2. The design and layout of the proposed development will not interfere with the use
and enjoyment of neighboring existing or future developments, and will not create
traffic or pedestrian hazards:
The proposed addition of the car wash and equipment room will not interfere with
the use of enjoyment of neighboring existing or future developments because the
use of the project site is designated for commercial uses and a fully automated
car wash is an accessory use to the existing service station.
The proposed building will not interfere with vehicular or pedestrian movements,
such as access or other functional requirements. The proposed car wash has
adequate queuing spaces for entering and exiting the car wash tunnel and will be
more than adequate to accommodate the expected vehicle demand.
Additionally, there is sufficient turning radii in the exiting drive aisle for vehicles
to turn in the lane.
3. The architectural design of the proposed development is compatible with the
character of the surrounding neighborhood and will maintain and enhance the
harmonious, orderly and attractive development contemplated by Chapter 22.48:
Development Review Standards, the City's Design Guidelines, the City's General
Plan, or any applicable specific plan:
The architectural style is the same contemporary style as the existing
convenience store building used in conjunction with the service station. The
Proposed Project is designed to be compatible with the store and incorporates
architectural details and colors to match the existing building.
4. The design of the proposed development will provide a desirable environment for
its occupants and visiting public as well as its neighbors through good aesthetic
use of materials, texture, color, and will remain aesthetically appealing:
Articulation and variation in the building elements has been achieved vertically
and horizontally through the utilization of varying architectural features such as
Limestone tile base veneer, horizontal stucco moldings, building colors and
materials, and landscaping. The asymmetrical design of the car wash addition
has a sense of balance, involving well-proportioned masses and roof design.
5. The proposed development will not be detrimental to public health, safety or
welfare or materially injurious (e.g., negative effect on property values or resale(s)
of property) to the properties or improvements in the vicinity:
Before the issuance of any City permits, the Proposed Project is required to
comply with all conditions within the approved resolution, and the Building and
Safety Division and Public Works/Engineering Department requirements.
Through the permit and inspection process, the referenced 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.
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Planning Commission Resolution No. 2014 -XX
6. The proposed project has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301(e)
(additions to existing structures) of the CEQA guidelines.
Conditional Use Permit Review Findings (DBMC Section 22.58)
1. The Proposed Use is allowed within the subject zoning district with the approval
of a conditional use permit and complies with all other applicable provisions of
this Development Code and the Municipal Code:
A fully automated drive-thru car wash that is accessory to a service station is
permitted in the Commercial Office zoning district with approval of a conditional
use permit. Through compliance with the conditions of approval stipulating the
mannerin which the use must be conducted, the Proposed Use will be compatible
with existing uses available at the service station.
2. The Proposed Use is consistent with the general plan and any applicable specific
plan:
The Proposed Use is consistent with General Plan Strategy 1.3.3: ("Encourage
neighborhood serving retail and service commercial uses') in that the proposed
car wash addition meets Strategy 1.3.3 because the proposed use provides
services to Diamond Bar residents. The proposed car wash use will provide
additional services customarily provided at service stations and will be an added
benefit to Diamond Bar residents.
The Proposed Project is also consistent with the Commercial Office zoning
standards and provides a well-designed building that will blend with the
surrounding area and will complement the convenience store building used in
conjunction with the service station.
The Proposed Project is not in a designated specific plan area.
3. The design, location, size and operating characteristics of the Proposed Use are
compatible with the existing and future land uses in the vicinity:
The Proposed Use is located at the west side of the convenience store building,
at the rear of the property. As such, the operational characteristics are compatible
with the existing uses available at the service station. The design of the proposed
car wash will allow the operation of the use to be conducted without interfering
with on-site vehicular or pedestrian circulation. The location of the exiting drive
aisle behind the convenience store will lead to the drive approach fronting Brea
Canyon Road and will not disrupt vehicular mobility on-site. Due to the elevated
building pad raised approximately 10 feet above the adjoining property to the
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Planning Commission Resolution No. 2014 -XX
west and south, the adjacent landscaped buffer, and existing two -foot high block
wall at the rear of the property, vehicles in the queuing space and exiting drive
aisle lane will be screened from view and not readily visible from nearby buildings
in the surrounding area.
Through compliance with the conditions of approval stipulating the manner in
which the use must be conducted, the Proposed Use will be compatible with the
other uses within the service station.
4. The subject property is physically suitable for the type and density/intensity of
use being proposed, including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints:
The Project Site is located within an existing service station and the Proposed
Project has appropriate vehicle queuing capacity for the building, design, and
location. The proposed layout will be more than adequate to accommodate the
expected vehicle demand. Vehicular access to the car wash will enter from the
north side of the building and exit on the south side, behind the existing
convenience store. The orientation of the car wash addition to the building is
consistent with the Commercial Office zone.
5. Granting the conditional use permit will not be detrimental to the public interest,
health, safety, convenience, or welfare, or injurious to persons, property, or
improvements in the vicinity and zoning district in which the property is located:
Prior to the issuance of any city permits, the Proposed Use is required to comply
with all conditions of approval within the attached resolution, and the Building and
Safety Division and Public Works/Engineering Department. Noise emanating
from forced air blowers within the car wash tunnel will be mitigated by adding a
condition of approval to ensure details and specification of all mechanical
equipment associated with the car wash be provided and show that such
equipment will not exceed a Community Noise Equivalent Level (CNEL) of 60
dbA.
6. The Proposed Use has been reviewed in compliance with the provisions of the
California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) as set forth under Article 19 Section 15301 (e)
(additions to existing structures) of the CEQA Guidelines.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application, subject to the following conditions:
5
Planning Commission Resolution No. 2014 -XX
General
1. The applicant shall comply with the standard development conditions attached
hereto.
2. A permanent maintenance program shall be implemented ensuring regular
irrigation, fertilization, and weed removal. All landscaping shall be maintained in
a healthy, neat and orderly condition, free of weeds and debris and with operating
irrigation at all times.
Development Review
4. Development shall substantially comply with the plans and documents presented
to the Planning Commission at the public hearing.
5. Prior to building permit issuance, landscape and irrigation plans shall be reviewed
and approved by the City's Consulting Landscape Architect and shall comply with
the Water Conservation Landscaping Ordinance.
6. Upon final inspection and if it is determined that the plant materials as shown on
the approved plans do not fully address the intended purpose of screening the
queuing space for drying of vehicles in the exiting drive aisle lane, compliance
with conditions of approval or aesthetics, the Community Development Director
may require the planting of up to 10 percent of the approved density of plant
materials.
Conditional Use Permit
7. The Proposed Project is approved as a car wash as described in the application
on file with the Planning Division, the Planning Commission staff report for
Development Review and Conditional Use Permit No. PL2014-515 dated
December 9, 2014, and the Planning Commission minutes pertaining thereto,
hereafter referred to as the "Use." The use shall be limited to a fully automated
drive-thru carwash that is accessory to a service station
8. The Use shall substantially conform to the approved plans as submitted and
approved by the Planning Commission and on file with the Community
Development Department.
9. This Conditional Use Permit shall be valid only for 21324 Pathfinder Road, as
depicted on the approved plans on file with the Planning Division. If the Proposed
Use moves to a different location or reconfigures the entrance and exit of the car
wash tunnel, the approved Conditional Use Permit shall be amended, subject to
Planning Commission approval for the new location and/or entrance/exit
orientation. If the Use ceases to operate, the approved Conditional Use Permit
shall expire without further action by the City.
6
Planning Commission Resolution No. 2014 -XX
10. No changes to the approved scope of services comprising the use shall be
permitted unless the applicant first applies for an amendment to this Conditional
Use Permit, pays all application processing fees and receives approval from the
Planning Commission.
11. Specifications and details related to all mechanical equipment, including but not
limited to forced -air blowers, associated with the car wash shall be submitted for
plan check review to show the noise levels of said equipment does not exceed
60 dbA.
12. The plans shall include details to indicate and show that the carwash shall install,
use, and maintain a water recycling system that recycles and reuses at least
60 percent of the wash and rinse.
13. The hours of operation of the fully automated drive-thru car wash shall be
between 7:00 a.m. to 8 p.m., daily.
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
the property owner, SMT Real Estate Holdings, LLC, 500 Topside Place,
Diamond Bar, CA 91765, and applicant Mohamad R. Salimnia,
500 Topside Place, Diamond Bar, CA 91765.
APPROVED AND ADOPTED THIS 9th DAY OF DECEMBER 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
M
Frank Farago, Chairman
I, Greg Gubman, 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 9th day of December, 2014, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
7
Planning Commission Resolution No. 2014 -XX
i I III COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review and Conditional Use Permit No. PL 2014-515
SUBJECT: Development Review and Conditional Use Permit to add a new 592
square -foot fully automated drive-thru car wash and 140 square -foot
equipment room as an accessory use to an existing service station.
PROPERTY
OWNER: SMT Real Estate Holdings, LLC
500 Topside Place
Diamond Bar, CA 91765
APPLICANT: Mohamad R. Salimnia
500 Topside Place
Diamond Bar, CA 91765
LOCATION: 21324 Pathfinder Road, Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION. AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
1. 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 Development Review and Conditional Use Permit
No. PL2014-515 brought within the time period provided by Government Code
Section 66499.37. In the event the city and/or its officers, agents and employees
are made a party of any such action:
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorneys fees, incurred in defense of such claims.
8
Planning Commission Resolution No. 2014 -XX
(b) Applicant shall promptly pay any final judgment rendered against the City
defendants. The City shall promptly notify the applicant of any claim,
action of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and owner
of the property involved have filed, within twenty-one (21) days of approval of this
Development Review and Conditional Use Permit No. PL2014-515, 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.
All designers, architects, engineers, and contractors associated with this project
shall obtain a Diamond Bar Business License; and a zoning approval for those
businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2014 -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 roof plans, 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. The property owner/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.
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Planning Commission Resolution No. 2014 -XX
A
C.
FEES/DEPOSITS
1. Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading permit
(whichever comes first), as required by the City. School fees as required shall
be paid prior to the issuance of building permit. In addition, the applicant shall
pay all remaining prorated City project review and processing fees prior to
issuance of grading or building permit, whichever comes first.
2. Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
TIME LIMITS
1. The approval of Development Review and Conditional Use Permit No. PL2014-
515 expires within two years from the date of approval if the use has not been
exercised as defined per Diamond Bar Municipal Code (DBMC)
Section 22.66.050 (b)(1). The applicant may request in writing a one year time
extension subject to DBMC Section 22.60.050(c) for Planning Commission
approval.
D. SITE DEVELOPMENT
1. The project site shall be developed and maintained in substantial conformance
with the approved plans submitted to, approved, and amended herein by the
Planning Commission, collectively attached referenced as site plans, floor plans,
architectural elevations, and landscape plans on file with the Planning Division,
the conditions contained herein, and the 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 roof -mounted equipment shall be screened from public view.
4. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly appearance.
All graffiti shall be removed within 72 hours by the property owners/occupant.
5. No occupancy permit shall be granted, until all improvements required by this
approval have been properly constructed, inspected, and approved.
6. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
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Planning Commission Resolution No. 2014 -XX
E. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both during and
after the construction, addition, or implementation of the entitlement approved
herein. The removal of all trash, debris, and refuse, whether during or
subsequent to construction shall be done only by the property owner, applicant
or by a duly permitted waste contractor, who has been authorized by the City to
provide collection, transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall be the
applicant's obligation to insure that the waste contractor used has obtained
permits from the City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City franchised
waste hauler to all parcels/lots or uses affected by approval of this project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. An Erosion Control Plan shall be submitted concurrently with the grading plan
clearly detailing erosion control measures. These measures shall be
implemented during construction. The erosion control plan shall conform to
National Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP's) as specified in
the Storm Water BMP Certification. Please refer to City handouts.
2. The applicant shall comply with Low Impact Development (LID) requirements to
the satisfaction of the City Engineer. Please refer to City handouts.
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. 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
1. 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 fenced area shall be locked
whenever the construction site is not supervised.
2. 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.
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Planning Commission Resolution No. 2014 -XX
C. DRAINAGE
1. 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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL CONDITIONS
1. At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e. 2013 California Building Code series
will apply) requirements and all other applicable construction codes, ordinances
and regulations in effect.
2. Provisions for Cal Green shall be implemented onto plans and certification shall
be provided by a third party as required by the Building Division. Specific water,
waste, low VOC, and related conservation measures shall be shown on plans.
Construction shall conform to the current Cal Green Code.
B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL
1. A rated one-hour wall with no openings and a 30" minimum parapet shall be
provided.
2. The clearance of bollards to any obstruction within the path of travel shall be at
48". The existing bollards or other obstructions shall be moved out of the path of
travel where this may occur. This shall be shown on the plans.
3. The minimum design load for wind in this area is 110 M.P.H. exposures "C" and
the site is within seismic zone D or E. The applicant shall submit drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
4. This project shall comply with the energy conservation requirements of the State
of California Energy Commission. All lighting shall be high efficacy or equivalent
per the current California Energy Code 130.
5. Public Works/Engineering Department is required to review and approve grading
plans that clearly show all finish elevations, drainage, and retaining wall(s)
locations. These plans shall be consistent with the site plan submitted to the
Building and Safety Division.
6. "Separate permit shall be required for all wall and monument signs" and shall be
noted on plans. The scope of work under this application is limited to a car wash
addition.
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Planning Commission Resolution No. 2014 -XX
7. A soils report is required per CBC 1803 and all recommendations of the soils
report shall be adhered to.
C. PERMIT — ITEMS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE
1, Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8. The
contractor shall complete all required forms and pay applicable deposits prior to
permit.
2. The applicant shall obtain LA County Industrial Waste approval and verify if
AQMD approval is required for installation of a car wash.
3. Prior to building permit issuance, all school district fees shall be paid. Please
obtain a form from the Building and Safety Division to take directly to the school
district.
4. AQMD notification is required at least 10 days prior to any demolition. Proof of
notification is required at permit issuance.
5. All workers on the job shall be covered by workman's compensation insurance
under a licensed general contractor. Any changes to the contractor shall be
updated on the building permit.
D. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION
1. Every permit issued by the building official under the provisions of this Code shall
expire and become null and void unless the work authorized by such permit is
commenced within one -hundred -eighty (180) days after permit issuance, and if a
successful inspection has not been obtained from the building official within one -
hundred -eighty (180) days from the date of permit issuance or the last successful
inspection. A successful inspection shall mean a documented passed inspection
by the city building inspector as outlined in Section 110.6.
2. Construction activities causing the operation of any tools or equipment used in
construction, drilling, repair, alteration, or demolition work shall be conducted
Monday — Saturday between the hours of 7:00 a.m. and 7:00 p.m.
3. The project shall be protected by a construction fence to the satisfaction of the
Building Official. All fencing shall be view obstructing with opaque surfaces.
4. Existing retail operations shall not be impacted by the construction. Protection of
customers and vehicles shall be provided during the entire construction process.
5. All structures and property shall be maintained in a safe and clean manner during
construction. The property shall be free of debris, trash, and weeds.
13
Planning Commission Resolution No. 2014 -XX
6. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum 6' high fence.
7. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.)
8. The location of property lines will be required to be staked for inspection and a
survey may be required during foundation and/or masonry wall inspection.
9. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert by
dialing 811 or their website at www.digalert.org.
10. Any changes or deviation from approved plans during the course of construction
shall be approved by the City prior to proceeding with any work.
11. Drainage patterns shall match the approved grading/drainage plan from the
Public Works/Engineering Department. Surface water shall drain away from the
building at a 2% minimum slope. The final as -built conditions shall match the
grading/drainage plan or otherwise approved as -built grading/drainage plan.
12. Special inspections and structural observation will be required in conformance to
CBC 1704 to 1709.
13. All plumbing fixtures including existing areas shall have low flow type fixtures
installed consistent with California Civil Code Section 1101.1 to 1101.8.
MED
14
Planning Commission Resolution No. 2014 -XX
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR - 21810 COPLEY DRIVE - DIAMOND BAR, CA 91765 - TEL. (909) 839-7030 - FAX (909) 861-3117
AGENDA ITEM NUMBER: 7.2
MEETING DATE: December 9, 2014
CASE/FILE NUMBER: Development Review and Minor Conditional Use
Permit No. PL2012-380
PROJECT LOCATION: 22831 Rio Lobos Road
Diamond Bar, CA 91765 (APN 8717-026-045)
GENERAL PLAN DESIGNATION: Low Density Residential (RL)
ZONING DISTRICT: Low Medium Density Residential (RLM)
PROPERTY OWNER/ Araceli Martinez
APPLICANT: 22831 Rio Lobos Road
Diamond Bar, CA 91765
SUMMARY:
The applicant is requesting approval of an amendment to a previously approved Development
Review (DR) application to construct a second -story addition consisting of 484 square feet of
floor area to an existing two-story 2,322 square -foot single-family residence with an attached
554 square -foot garage on a 0.41 gross acre (17,920 square -foot) lot. A Minor Conditional Use
Permit (MCUP) is requested to allow a second -story addition to an existing non -conforming
structure.
RECOMMENDATION:
Adopt the attached Resolution (Attachment 1) approving Amendment to Development Review
and Minor Conditional Use Permit No. PL2012-380, based on the findings of Diamond Bar
Municipal Code (DBMC) Sections 22.48 and 22.56, subject to conditions.
BACKGROUND:
The project site is located on the north side of Rio Lobos Road, accessed from Chisolm Trail
Drive, via Cahill Place, off of Grand Avenue. In 1986, the property was developed under Los
Angeles County standards with, a 2,089 square -foot, two-story home with an attached three -
car garage on a 17,920 gross square -foot (0.41 gross acres) lot.
On November 13, 2012, the Planning Commission approved a 476 square -foot living area
addition, an 88 square -foot front porch, and reconfiguration of a three -car garage (modified to
a two -car garage and office) at the front of the house.
On May 9, 2013, a building permit was issued for the improvements approved by the Planning
Commission. The living area addition was reduced from 476 square feet to 429 square feet,
which was a reduction from the 476 square feet approved by the Planning Commission and
deemed to be in substantial conformance to the approved plans.
On October 14, 2013, a building permit was issued to further reduce the floor area addition to
233 square feet and reduce the encroachment of the front porch into the front yard setback to
not exceed the distance of 13 feet from the front property line.
At the time of Planning Commission approval, the plans indicated a front setback of 20'-9".
However, upon Building and Safety site inspections, it was revealed that the distance from the
reconfigured garage at the front of the house to the front property line was only 13 feet. The
applicant is requesting to amend the Development Review approval by adding additional floor
area to the second floor while concurrently seeking approval of the existing non -conforming
front setback on the first floor.
The house is situated toward the front of the lot, 13 feet from the front property line. There are
no protected trees on site.
The property is legally described as Lot 22 of Tract No. 37873, and the Assessor's Parcel
Number (APN) is 8717-026-045.
Project Description
The proposed second story addition is located at the front of the existing residence. The
addition consists of the following components:
PROJECT SUMMARY square footage)
Living
Area
First Floor
Existing 1486.0
New 0.0
Total First Floor 1486.0
Second Floor
Existing 836.0
New 484.0
Total Second Floor 1320.0
Total Living Area 2806.0
Garage
Existing 554.0
New 0.0
Total Garage Area 554.0
TOTAL FLOOR AREA 3360.0
Amendment to Development Review and
Minor Conditional Use Permit No. PL 2012-380 Page 2 of 8
The existing two-story home consists of common areas (living room, dining room, and kitchen),
entry foyer, one bedroom and bathroom, a laundry area, and an office on the first floor; and
three bedrooms and two bathrooms on the second floor. There is no additional floor area
proposed on the first floor, however the chimney and wall area adjacent to the dining room at
the rear of the house is proposed to be removed and replaced with a collapsible glass door.
There are currently three bedrooms on the second floor. The plans for remodeling and
expanding the second floor include the following modifications:
Expand the master bedroom over the existing reconfigured garage with a full bathroom,
walk in closet, and sitting room; and
• Convert one bedroom into a study room.
The height of the existing house is 20'-6" and the height of the proposed addition is 22'-3",
measured from the finished grade to the highest point of the roofline.
The existing residence has a nonconforming front setback of 13 feet (20 feet is required). By
definition, the residence is considered a "nonconforming structure" (DBMC Section 22.68.030).
Approval of a Minor Conditional Use Permit is required to allow an expansion of a
nonconforming structure if the expansion is greater than 50 percent of the existing square
footage of all structures, or if the expansion is not limited to the ground floor.
The architecture of the existing residence is a 1980s tract home. The proposed addition is
designed to blend into the existing house by using the same architectural elements and building
materials as the existing residence.
Site and Surrounding General Plan, Zoning and Land Uses
The following table describes the surrounding land uses located adjacent to the subject
property:
Amendment to Development Review and
Minor Conditional Use Permit No. PL 2012-380 Page 3 of 8
DesignationGeneral Plan
District
Site
Low Density Residential
RLM
Single Family Residential
North
Medium High Residential /
RMH / OS
Residential Condominiums /
Open S ace
Open Space
South
Low Density Residential
RLM
Single -Family Residential
East
Low Density Residential
RLM
Single -Family Residential
West
Low Density Residential
RLM
Single -Family Residential
Amendment to Development Review and
Minor Conditional Use Permit No. PL 2012-380 Page 3 of 8
Site Aerial
Property Located to the West Subject Property
ANALYSIS
Review Authority (DBMC Sections 22.48 and 22.56)
Property Located to the East
The proposed project requires two separate, but interrelated, land use approvals: Amendment
to Development Review (DR) and a Minor Conditional Use Permit (MCUP). The analysis that
follows provides the basis for staff's recommendation to approve the amendment to DR and
MCUP applications.
Development Review (DBMC Chapter 22.48)
Additions that substantially change the appearance of an existing residence require Planning
Commission approval of a DR application. Development Review approval is required to ensure
compliance with the City's General Plan policies, development standards, and design
guidelines, and to minimize adverse effects of the proposed project upon the surrounding
properties and the City in general.
Amendment to Development Review and
Minor Conditional Use Permit No. PL 2012-380 Page 4 of 8
As stated in Section 22.48.010 of the Development Code, the Development Review process
was established to ensure that new development and additions to existing development are
consistent with the General Plan "through the promotion of high functional and aesthetic
standards to complement and add to the economic, physical, and social character" of Diamond
Bar.
Additionally, the request is for an amendment to a previously approved Development Review
project, which is not in substantial conformance to the approved plans.
Development Standards: The following table compares the proposed project with the City's
development standards for residential development in the RLM zone:
20' 1 13'
5' on one side and 5'-0" — west side
10' on the other side. 164" —east side
(second floor I Yes
5'-0" — west side Yes
16'-4" — east side
15' 19'-10" —west side 19'-10" —west side Yes
23'-6" — south side 23'-6" — south side
20' 1 44'
44' 1 Yes
0#11, Maximum of 40% 1 16.8% 1 16.8% 1 Yes
35' 1 20'-6"
2 -car garage 2 -car garage
Use Permit is requested to allow the continuatic
22'-3" 1 Yes
2 -car garage I Yes
iconformino structure because the addition is
not limited to the ground floor. See MCUP discussion on page 6.
`*The rear setback is measured from the rear of the building to the edge of the graded pad when the pad abuts a descending
slope.
Site and Grading Configuration: The property is a rectangular shaped lot. The existing
house is situated on a leveled pad. A descending slope is located at the rear of the property,
44 feet from the existing house. The second story addition will be added above the existing
first floor of the residence. Therefore, there will be no grading on the site.
Architectural Features, Colors, and Materials: The architecture of the existing residence is
a 1980s tract design with exterior textured stucco wall finish and a cross -gable roof with flat
concrete tiles. The proposed design will maintain architectural integrity by incorporating similar
fenestration patterns, and matching exterior colors and building materials as those approved
with the previous Development Review. The roof of the proposed addition at the front of the
house will be integrated with the existing roof by matching similar roof slopes at the rear of the
house with a 3:12 pitch. The project is designed to be compatible and complementary to the
neighborhood.
Amendment to Development Review and
Minor Conditional Use Permit No. PL 2012-380 Page 5 of 8
Landscaping: Landscape plans are not required because the site is already developed, and
because the project is exempt from the City's Water Conservation Landscaping Ordinance.
The ordinance would only apply if 5,000 square feet or more of the existing landscaped area
was being altered. However, landscaping that is damaged during construction will need to be
restored upon project completion. This requirement is included as a condition of approval.
Minor Conditional Use Permit (DBMC Chapter 22.56)
An MCUP is required if a change or expansion of a nonconforming structure is greater than
50 percent of the existing square footage of all structures on site, or if the addition is not limited
to the ground floor. Current development standards require a minimum setback of 20 feet from
the front property line. The existing residence has a nonconforming front setback of 13 feet.
The proposed second floor addition will not further encroach into the existing nonconforming
front setback by maintaining the minimum required 20 -foot setback distance from the front
property line.
The City recognizes that homeowners should be allowed to make appropriate improvements
to their properties, even if the existing improvements do not fully conform to current
development standards. Therefore, the City has established the MCUP process for such
additions, subject to the findings set forth in the Development Code.
MCUPs are normally subject to approval of the City's Hearing Officer (typically the Community
Development Director). However, because this MCUP is being reviewed as part of a
DR application, both land use entitlements are subject to review and approval of the Planning
Commission.
Staff believes that approving the MCUP as described above is appropriate and compatible with
other residences in the neighborhood, based on the following facts and observations:
• The existing dwelling was built in 1986, prior to the incorporation of the City of Diamond
Bar;
The proposed addition will not further encroach into the existing nonconforming front
setback of 13 feet and will maintain the minimum required 20 -foot setback distance from
the front property line to the second floor; and
Neighboring properties have nonconforming setbacks, so the proposed project will
remain consistent with other homes within the neighborhood.
Compatibility with Neighborhood
The proposed project complies with the goals and objectives as set forth in the adopted General
Plan in terms of land use and density, as well as the City's development standards, Residential
Design Guidelines, and Hillside Management Ordinance. The project is designed to be
compatible with the character of the existing homes in the neighborhood. The massing of the
second -story addition at the front of the house is softened by creating articulation of the front
fagade and by stepping back the addition approximately seven feet from the garage on the first
floor. Furthermore, the addition will match the existing home in color and building materials and
Amendment to Development Review and
Minor Conditional Use Permit No. PL 2012-380 Page 6 of 8
will incorporate similar architectural features. Therefore, the addition will be visually integrated
into the existing home and not negatively impact the look and character of the neighborhood.
The project incorporates the principles of the City's Residential Design Guidelines as follows:
• A gradual transition between the project and adjacent uses is achieved through
appropriate setbacks, building height, landscaping, and window and door placement;
• Elevations are treated with detailed architectural elements;
• Roof lines are representative of the design and scale of the structure through vertical
and horizontal articulations;
• Placement and relationship of windows, doors, and other window openings are carefully
integrated with the building's overall design;
• Proper screening for ground and roof -mounted equipment is architecturally compatible
with the dwelling in terms of materials, color, shape, and size and blends in with the
proposed building design;
• The addition is visually integrated with the primary structure, by utilizing similar colors
and materials throughout the remodeled fagade and the proposed addition; and
• Large wall expanses without windows or doors are avoided.
Additional Review
The Public Works Department and Building and Safety Division reviewed this project, and their
comments are included in the attached resolution as conditions of approval.
NOTICE OF PUBLIC HEARING:
On November 26, 2014, public hearing notices were mailed to property owners within a
1,000 -foot radius of the project site. On November 28, 2014, the notice was published in the
San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. A notice display board
was posted at the site, and a copy of the notice was posted at the City's three designated
community posting sites.
Public Comments Received
No comments have been received as of the publication date of this report.
ENVIRONMENTAL ASSESSMENT:
This project has been reviewed for compliance with the California Environmental Quality Act
(CEQA). Based on that assessment, the City has determined the project to be Categorically
Exempt from the provisions of CEQA pursuant to the provisions of Article 19 Section 15301(e)
Amendment to Development Review and
Minor Conditional Use Permit No. PL 2012-380 Page 7 of 8
(additions to existing structures) of the CLQA Guidelines. No further environmental review is
required.
Prepared by:
Attachments:
Reviewed by:
Grace S. Lee
Senior Planner
1. Draft Resolution No. 2014 -XX and Standard Conditions of Approval
2. Site Plan, Floor Plans, and Elevations
Amendment to Development Review and
Minor Conditional Use Permit No. PL 2012-380 Page 8 of 8
PLANNING COMMISSION
RESOLUTION NO. 2014 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING AMENDMENT TO
DEVELOPMENT REVIEW AND MINOR CONDITIONAL USE PERMIT
NO. PL2012-380 FOR THE CONSTRUCTION OF A SECOND -STORY
ADDITION CONSISTING OF 484 SQUARE FEET OF FLOOR AREA TO AN
EXISTING TWO-STORY, 2,322 SQUARE -FOOT SINGLE-FAMILY
RESIDENCE WITH AN ATTACHED 554 SQUARE -FOOT GARAGE ON A
0.41 GROSS ACRE (17,920 SQUARE -FOOT) LOT; A MINOR CONDITIONAL
USE PERMIT IS REQUESTED TO ALLOW A SECOND -STORY ADDITION TO
AN EXISTING NONCONFORMING STRUCTURE WITH A FRONT SETBACK
OF 13 FEET (WHERE 20 FEET IS REQUIRED) AT 22831 RIO LOBOS ROAD,
DIAMOND BAR, CA 91765 (APN 8717-026-045).
A. RECITALS
1. The property owner and applicant, Araceli Martinez, has filed an application
for an Amendment to Development Review and Minor Conditional Use
Permit No. PL2012-380 for the construction of a second -story addition
consisting of 484 square feet of floor area to an existing two-story, 2,322
square -foot single-family residence with an attached 554 square -foot
garage located at 22831 Rio Lobos Road, Diamond Bar, County of Los
Angeles, California.
2. The following approvals are requested from the Planning Commission:
(a) Amendment to Development Review to construct a second -story
addition consisting of 484 square feet of floor area at the front of the
house.
(b) Minor Conditional Use Permit to allow a second -story addition to an
existing nonconforming structure with a front setback of 13 feet (where
20 feet is required).
Hereinafter in this Resolution, the subject Development Review
Amendment and Minor Conditional Use Permit shall be referred to as the
"Proposed Project."
3. The subject property is made up of one parcel totaling 17,920 gross square
feet (0.41 gross acres). It is located in the Low Medium Density Residential
(RLM) zone with an underlying General Plan land use designation of Low
Density Residential.
0
C.
4. The legal description of the subject property is Lot 22 of Tract 37873. The
Assessor's Parcel Number is 8717-026-045.
On November 28, 2014, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On November 26, 2014, public hearing notices were
mailed to property owners within a 1,000 -foot radius of the Project site.
Public notices were posted at the City's designated community posting sites
on November 26, 2014. In addition to the published and mailed notices, the
project site was posted with a display board and the notice was posted at
three other locations within the project vicinity.
6. On December 9, 2014, the Planning
Bar conducted a duly noticed public
interested individuals, and concluded
Commission of the City of Diamond
hearing, solicited testimony from all
said hearing on that date.
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; and
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19,
Section 15301 (e) (additions to existing structures) of the CEQA Guidelines.
Therefore, no further environmental review is required.
FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48 and 22.56, this Planning
Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments).
The design and layout of the proposed second -story addition consisting of
484 square feet of floor area to the existing single-family residence is
consistent with the City's General Plan, City Design Guidelines and
development standards by meeting all required setbacks except the front
2 Planning Commission Resolution No. 2014 -XX
setback due to an existing nonconforming front setback of 13 feet (where
20 feet is required). The second floor addition is proposed at the front of the
residence and will maintain the minimum 20 -foot setback distance from the
front property line. The proposed addition is designed to blend into the
existing house by using the same architectural elements and building
materials as the existing residence.
The project site is not part of any theme area, specific plan, community plan,
boulevard or planned development.
2. The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future developments, and
will not create traffic or pedestrian hazards.
The proposed addition will not interfere with the use and enjoyment of
neighboring existing or future developments because the use of the project
site is designed for a single-family home and the surrounding uses are also
single-family homes. In addition, no protected trees exist on site.
The proposed addition will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements of a single-
family home because it complies with the requirements for driveway widths
and is a continuation of an existing use.
3. The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain and
enhance the harmonious, orderly and attractive development contemplated
by Chapter 22.48: Development Review Standards, the City's Design
Guidelines, the City's General Plan, or any applicable specific plan.
The architecture of the existing residence is a 1980s tract design with
exterior textured stucco wall finish and a cross -gable roof with flat concrete
tiles. The applicant is proposing to add floor area to the second floor of an
existing two-story home while maintaining consistency with the current
design. The proposed design will maintain. architectural integrity by
incorporating similar fenestration patterns, and matching exterior colors and
building materials as those approved with the previous Development
Review. The roof of the proposed addition at the front of the house will be
integrated with the existing roof by matching similar roof slopes at the rear
of the house with a 3:12 pitch. The project is designed to be compatible
and complementary to the neighborhood.
3 Planning Commission Resolution No. 2014 -XX
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing.
The design of the existing single-family home is 1980s tract home. The
design of the previous addition and reconfigured garage is a contemporary
style of architecture. Variation in the building elements has been achieved
through the utilization of varying architectural features in conjunction with
matching building materials.
The massing of the second -story addition at the front of the house is
softened by creating articulation of the front fagade and by stepping back
the addition approximately seven feet from the garage on the first floor.
Furthermore, the addition will match the existing home in color and building
materials and will incorporate similar architectural features. Therefore, the
addition will be visually integrated into the existing home and not negatively
impact the look and character of the neighborhood.
5. The proposed development will not be detrimental to public health, safety
or welfare or materially injurious (e.g., negative effect on property values or
resale(s) of property) to the properties or improvements in the vicinity.
Before the issuance of any City permits, the proposed project is required to
comply with all conditions within the approved resolution, and the Building
and Safety Division and Public Works/Engineering Departments
requirements.
Through the permit and inspection process, the referenced 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.
6. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301 (e) (additions to existing structures) of the CEQA guidelines.
Minor Conditional Use Permit Findings (DBMC Section 22.56.040
1. 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 this Development Code and the Municipal Code.
4 Planning Commission Resolution No. 2014 -XX
The existing single-family dwelling is a permitted use in the RLM zone. A
Minor Conditional Use Permit (MCUP) is requested to allow a second -story
addition to an existing nonconforming structure with a front setback of 13
feet (where 20 feet is required).
The substandard distance from the structure to the front property line
renders the project nonconforming. The addition of a nonconforming
structure requires approval of a Minor Conditional Use Permit because the
addition is not limited to the ground floor. The proposed second floor
addition consisting of 484 square feet of floor area to an existing two-story
home complies with the development standards of the RLM zone and will
not further encroach into the nonconforming front setback by maintaining
the minimum 20 -foot setback distance required from the front property line.
2. The proposed use is consistent with the general plan and any applicable
specific plan.
The proposed addition to a single-family dwelling unit is consistent with the
City's adopted General Plan. The site is not subject to the provisions of any
specific plan.
3. The design, location, size and operating characteristics of the proposed use
are compatible with the existing and future land uses in the vicinity.
The existing single-family dwelling and the proposed second floor addition
consisting of 484 square feet of floor area will not further encroach into the
existing nonconforming front setback of 13 feet to the front property line.
The proposed project is located at the front of the home, setback
approximately seven feet from the garage on the first floor. The design of
the existing single-family dwelling and the proposed addition are compatible
with the character of the existing homes in the neighborhood because
neighboring properties have nonconforming front setbacks.
4. The subject site is physically suitable for the type and density/intensity of
use being proposed including access, provision of utilities, compatibility with
adjoining land uses, and the absence of physical constraints.
The subject site is physically suitable for the existing single-family
residential dwelling and the proposed addition. The existing and proposed
use of land is consistent with the surrounding land uses. The proposed
second floor addition of floor area is consistent with the development
standards for the RLM zone and will not further encroach into the existing
nonconforming front setback by maintaining the minimum required 20 -foot
setback distance from the front property line.
5 Planning Commission Resolution No. 2014 -XX
5. 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.
The granting of the Minor Conditional Use Permit will allow the addition of
the existing single-family dwelling unit in a manner similar with existing
dwelling units located in the surrounding neighborhood. The proposed
expansion of the dwelling unit will not negatively impact the public interest,
health, safety convenience or welfare.
6. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15301 (e) (additions to existing structure) of the CEQA Guidelines.
Based upon the findings and conclusion set forth above, the Planning Commission hereby
approves this Application, subject to the following conditions:
1. Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing.
2. On the plans submitted for building plan check, reduce the width of the
fascia board on the front porch to match the existing house.
3. Standard Conditions. The applicant shall comply with the standard
development conditions attached hereto.
The Planning Commission shall:
Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owner and applicant, Araceli Martinez, 22831 Rio
Lobos Road, Diamond Bar, CA 91765,
6 Planning Commission Resolution No. 2014 -XX
APPROVED AND ADOPTED THIS 9th DAY OF DECEMBER 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
M
Frank Farago, Chairman
I; Greg Gubman, 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 9th day of December, 2014, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
7 Planning Commission Resolution No. 2014 -XX
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Amendment to Development Review and Minor Conditional Use
No. PL 2012-380
SUBJECT: To construct a second story addition consisting of 484 square feet
of floor area to an existing two-story,
wo-story 2,322 square -foot single-family
residence with an attached 554 square -foot garage; and a Minor
Conditional Use Permit to allow a second -story addition to an
existing nonconforming structure with a front setback of 13 feet
(where 20 feet is required).
PROPERTY Araceli Martinez
OWNER/ 22831 Rio Lobos Rd.
APPLICANT: Diamond Bar, CA 91765
LOCATION: 22831 Rio Lobos Rd., Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
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 Development Review and Minor Conditional Use
Permit No. PL2012-380 brought within the time period provided by Government
Code Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action:
8 Planning Commission Resolution No. 2014 -XX
(a) Applicant shall provide a defense to the City defendants or at the City's
option reimburse the City its costs of defense, including reasonable
attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the City
defendants. The City shall promptly notify the applicant of any claim, action
of proceeding, and shall cooperate fully in the defense thereof.
2. This approval shall not be effective for any purpose until the applicant and owner
of the property involved have filed, within twenty-one (21) days of approval of this
Amendment to Development Review and Minor Conditional Use Permit
No. PL2012-380, at the City of Diamond Bar Community Development
Department, their affidavit stating that they are aware of and agree to accept all
the conditions of this approval. Further, this approval shall not be effective until
the applicants pay remaining City processing fees, school fees and fees for the
review of submitted reports.
3. All designers, architects, engineers, and contractors associated with this project
shall obtain a Diamond Bar Business License; and a zoning approval for those
businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2014 -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 roof plans, 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.
9 Planning Commission Resolution No. 2014 -XX
10. The property ownerlapplicant 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.
B. FEES/DEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading permit
(whichever comes first), as required by the City. School fees as required shall be
paid prior to the issuance of building permit. In addition, the applicant shall pay
all remaining prorated City project review and processing fees prior to issuance
of grading or building permit, whichever comes first.
Prior to any plan check, all deposit accounts for the processing of this project
shall have no deficits.
C. TIME LIMITS
The approval of Development Review and Minor Conditional Use Permit
No. PL2012-380 expires within two years from the date of approval if the use has
not been exercised as defined pursuant to Diamond Bar Municipal Code (DBMC)
Section 22.66.050(b)(1). In accordance with DBMC Section 22.60.050(c), the
applicant may request, in writing, a one-year time extension for Planning
Commission consideration. Such a request must be submitted to the Planning
Division prior to the expiration date and be accompanied by the review fee in
accordance with the Fee Schedule in effect at the time of submittal.
D. SITE DEVELOPMENT
1. This approval is to construct a 484 square -foot,. second -story addition to an
existing two-story home located at 22831 Rio Lobos Road, as described in the
staff report and depicted on the approved plans on file with the Planning Division,
subject to the conditions listed herein.
2. The construction documents submitted for plan check shall bein substantial
compliance with the architectural plans approved by the Planning Commission,
as modified pursuant to the conditions below. If the plan check submittal is not in
substantial compliance with the approved Development Review submittal, the
plans may require further staff review and re -notification of the surrounding
property owners, which may delay the project and entail additional fees.
10 Planning Commission Resolution No. 2014 -XX
E.
3. To ensure compliance with the provisions of the Planning Commission approval,
a final inspection is required from the Planning Division when work for any phase
of the project has been completed. The applicant shall inform the Planning
Division and schedule an appointment for such an inspection.
4. The above conditions shall run with the land and shall be binding upon all future
owners, operators, or successors thereto of the property. Non-compliance with
any condition of approval or mitigation measure imposed as a condition of the
approval shall constitute a violation of the City's Development Code. Violations
may be enforced in accordance with the provisions of the Development Code.
5. Failure to comply with any of the conditions set forth above or as subsequently
amended in writing by the City, may result in failure to obtain a building final
and/or a certificate of occupancy until full compliance is reached. The City's
requirement for full compliance may require minor corrections and/or complete
demolition of a non-compliant improvement, regardless of costs incurred where
the project does not comply with design requirements and approvals that the
applicant agreed to when permits were pulled to construct the project.
6. The project site shall be developed and maintained in substantial conformance
with the approved plans submitted to, approved, and amended herein by the
Planning Commission, collectively attached referenced as site plans, floor plans,
architectural elevations, and landscape plans on file with the Planning Division,
the conditions contained herein, and the Development Code regulations.
7. 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.
8. All roof -mounted equipment shall be screened from public view.
9. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly appearance.
All graffiti shall be removed within 72 hours by the property owners/occupant.
10. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
SOLID WASTE
1. The site shall be maintainedina 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
11 Planning commission Resolution No. 2014 -XX
permitted waste contractor, who has been authorized by the City to provide
collection, transportation, and disposal of solid waste from residential,
commercial, construction, and industrial areas within the City. It shall be the
applicant's obligation to insure that the waste contractor used has obtained
permits from the City of Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City franchised
waste hauler to all parcels/lots or uses affected by approval of this project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. 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. 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.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL CONDITIONS:
1. At the time of plan check submittal, plans and construction shall conform to
current State and Local Building Code (i.e., 2013 California Building Code series)
requirements and all other applicable construction codes, ordinances and
regulations in effect.
2. Provisions for CALGreen shall be implemented onto plans and certification shall
be provided by a third party as required by the Building Division. Specific water,
waste, low VOC, and related conservation measures shall be shown on plans.
Construction shall conform to the current CALGreen Code.
3. Supporting structural components shall be analyzed vertically and laterally by an
engineer for capability of supporting the new addition.
4. All construction, submittals, and related time lines shall meet the original
conditions of the settlement agreement.
5. The work under this amendment shall apply to the master bedroom addition over
the existing garage, only.
12 Planning Commission Resolution No. 2014 -XX
6. Due to structural modifications to the first floor, occupancy of the facilities shall
not commence until such time as all structural support and electrical work
protected to the satisfaction of the Building Official.
7. Within seven (7) calendar days of any City requests for supplemental information
and/or corrections or revisions to submitted building plans, the applicant shall re-
submit building plans with all indicated corrections or revisions, and/or any and
all requested supplemental information or documents to the City's Building and
Safety Division.
8. Applicant shall obtain all required building permits within eleven (11) calendar
days after receiving Planning Commission approval for the proposed
construction/building modification; or within seven (7) calendar days of receiving
Building and Safety Division plan check approval for proposed
construction/building modifications (whichever occurs last).
9. Applicant shall complete construction and finalize all permits in connection
therewith (with all required city inspections) within sixty (60) calendar days after
building permit issuance.
10. Any deviations will result in expiration of plan check and/or permit application with
no right to appeal as set forth in CBC 112 as adopted by DBMC 15.00.110.
11. Construction activities causing the operation of any tools or equipment used in
construction, drilling, repair, alteration, or demolition work shall be conducted
Monday — Saturday between the hours of 7:00 a.m. and 7:00 p.m.
12. The project shall be protected by a construction fence to the satisfaction of the
Building Official. All fencing shall be view obstructing with opaque surfaces.
13. All structures and property shall be maintained in a safe and clean manner during
construction. The property shall be free of debris, trash, and weeds. Any
improper maintenance shall result in administrative fines as set forth in DBMC
1.04.010.
14. Existing fencing shall remain in-place during construction including pool barrier
fencing. Any alteration of the fencing may result in an immediate discontinuation
of construction until the fences are returned to its original state as well as
administrative fines as set forth in DBMC 1.04.010.
15. All equipment staging areas shall be maintained in an orderly manner and
screened behind a minimum opaque 6' high view obstructed fence as deemed
necessary by the Building Official.
13 planning Commission Resolution No. 2014 -XX
16. Solid waste management of construction material shall incorporate recycling
material collection per Diamond Bar Municipal Code 8.16 of Title 8.
17. The minimum design load for wind in this area is 85 M.P.H. exposures "C" and
the site is within seismic zone D or E. The applicant shall submit drawings and
calculations prepared by a California State licensed Architect/Engineer with wet
stamp and signature.
18. This project shall comply with the energy conservation requirements of the State
of California Energy Commission. All lighting shall be high efficacy or equivalent
per the current California Energy Code 119 and 150(k).
19. A separate permit shall be obtained for retaining walls with temporary shoring
unless the excavation will remain open for less than seven calendar days. The
retaining wall shall be outside the city right-of-way and be field verified by the
contractor approved by the building inspector. Any discrepancy shall be subject
to requiring a registered land surveyor.
20. A drainage plan for the addition areas is required where all drainage shall be
conveyed away from the building structure, property lines, and to the street or
other approved location as allowed by the Building Official or City Engineer.
21. Stair guardrails shall be designed for 20 load applied laterally at the top of the
rail.
22. Indicate all easements on the site plan.
23. The project shall be protected by a construction fence and shall comply with the
NPDES & BMP requirements (sand bags, etc.).
24. Check drainage patterns with Engineering Department. Surface water shall drain
away from building at a 2% minimum slope.
25. Specify location of tempered glass as required by code.
26. Special inspections and structural observation will be required in conformance to
CBC 1704 to 1709.
27. A soils compaction letter/report is required for footing excavations and shall be
provided to the building inspector at foundation inspection.
28. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert by
dialing 811 or their website at www.digalert.org.
29. SCAQMD notification is required at least 10 days prior to any demolition.
14 Planning Commission Resolution No. 2014 -XX
30. All workers on the job shall be covered by workman's compensation insurance
under a licensed general contractor.
31. Any changes to approved plans during the course of construction shall be
approved by the City prior to proceeding with any work.
32. Carbon monoxide detectors are required in halls leading to sleeping rooms per
CRC R315.
33. The stair landing shall be at least 36"x36" in dimension at the intermediate
landing.
34. The hallway wall "clean room assembly materials shall have certification that
they maintain a one-hour occupancy separation.
35. The door and walls between the garage and habitable areas shall be 20 -minute
rated and one-hour or otherwise approved by the Building Official.
36. All elements that penetrate the garage/dwelling wall shall be appropriately rated
for the occupancy separation and sleeved per CRC R302.5.
37. A temporary shoring and construction screening plan shall be provided for
Building Official approval. The shoring and screening shall not be removed until
the Building Official approves removal.
38. The roof slope over the garage addition shall be conveyed away from the existing
building structure via a cricket or equivalent method with appropriate flashing to
be approved by the Building Official.
39. Conditions of approval shall be placed on the construction plan set.
40. Existing building components that have been constructed without permits shall
be exposed for inspection to the satisfaction of the building inspector. If the
representative exposure does not comply, the building inspector may require
removal and rebuilding of the area that was not inspected.
41. The front yard retaining wall shall be maximum 42" tall including any pilasters or
fixtures located on top of the wall.
CSM
15 Planning Commission Resolution No. 2014 -XX
PLANNING COMMISSION
AGENDA REPORT
CITY OF DIAMOND BAR - 21810 COPLEY DRIVE -DIAMOND BAR, CA 91765 -TEL. (909) 839-7030 -FAX (909) 861-3117
AGENDA ITEM NUMBER:
MEETING DATE:
CASEIFILE NUMBER:
PROJECT LOCATION:
GENERAL PLAN DESIGNATION:
ZONING DISTRICT:
PROPERTY OWNER:
APPLICANT:
SUMMARY:
7.3
December 9, 2014
Development Review, Conditional Use
Permit, and Amendment to Comprehensive
Sign Program No. PL2013-343
22438 Golden Springs Drive
Diamond Bar, CA 91765
(APN 8293-045-130)
Planning Area 3 -Specific Plan
Diamond Bar Village Specific Plan
CFT Developments, LLC
1683 Walnut Grove Avenue
Rosemead, CA 91770
Gary Wang and Associates
1255 Corporate Center Drive
Monterey Park, CA 91754
The applicant is requesting approval of a Development Review to construct a new
4,894 square -foot commercial building to suit a Starbucks, T -Mobile and Waba Grill as
tenants on an existing 0.64 gross acre vacant pad within the Target shopping center. A
Conditional Use Permit for a drive-thru service lane at Starbucks, and an amendment to
the Comprehensive Sign Program to replace an existing monument sign with a taller sign
on the southwest corner of Grand Avenue and Lavender Drive are also being requested.
RECOMMENDATION:
Adopt the attached Resolution (Attachment 1) approving Development Review,
Conditional Use Permit, and Amendment to Comprehensive Sign Program
No. PL2013-343, based on the findings of Diamond Bar Municipal Code (DBMC)
Sections 22.48, 22.58, and 22.36.060, subject to conditions.
BACKGROUND:
The site is located at the northeasterly corner of Golden Springs Drive and Lavender Drive
in the Diamond Bar Village (Target and Chili's) shopping center. The grading for the site
was constructed as part of the development of the center. On April 10, 2007, the Planning
Commission previously approved a 4,739 square -foot retail commercial building with a
drive-thru lane at this site. The original tenant commitments were withdrawn and the
applicant was unable to move forward with the project due to economic hardships.
Therefore, the vacant pad has remained undeveloped and the previous entitlements
expired.
The property is legally described as Lot 3 of Parcel Map No. 347-1-4, and the Assessor's
Parcel Number (APN) is 8293-045-130.
Proiect Description
The applicant is proposing to construct a new 4,894 square -foot single -story commercial
building with three tenant spaces, one of which will have a drive-thru service lane. The
drive-thru service is for Starbucks, which will occupy the end unit facing Target and
adjacent to Starbucks, a Waba Grill restaurant is proposed. A retail space proposed for
T -Mobile will occupy the end unit facing Golden Springs Drive. The proposed project
consists of the following site plan and architectural components:
Site Plan
The proposed project is located on a corner parcel at the signalized intersection of Golden
Springs and Lavender Drive. The proposed building pad is located approximately 18 feet
above the street level grade at the intersection. Access is proposed through the existing
drive aisles from Grand Avenue and Golden Springs Drive. The orientation of the building
is consistent with the Diamond Bar Village Specific Plan.
Eighteen parking spaces are provided on-site and there is a reciprocal parking and
access agreement to share the remaining 542 spaces with the Target shopping center.
The total number of parking spaces available at the center exceeds the minimum code
requirement by providing a surplus of 27 spaces.
A Conditional Use Permit is required for a drive-thru service lane that wraps around the
proposed building. 13 vehicle queuing spaces are available, which is more than adequate
to accommodate the expected demand of vehicular traffic.
Building
The proposed one-story commercial building consists of the following components:
• 1,815 square feet tenant space for Starbucks and drive thru service lane;
1,685 square feet tenant space for T -Mobile;
• 1,267 square feet tenant space for Waba Grill; and
• 127 square feet for mechanical room.
DR, CUP, Amendment to CSP No. PL 2013-343 Page 2 of 13
General Plan Designation
Zoning
District
Land Use
%IaY
C-3
View Looking Northwest from Lavender Drive
ANALYSIS:
Review Authority (Diamond Bar Municipal Code (DBMC) Sections 22.48, 22.58,
22.36.060
The proposed project requires Planning Commission review and approval of three
entitlement applications: Development Review (DR), a Conditional Use Permit (CUP),
and an amendment to the Comprehensive Sign Program (CSP). The analysis that follows
provides the basis for staff's recommendation to approve the DR, CUP, and amendment
to the CSP.
Development Review (DBMC Section 22.48)
Construction of new structures on a vacant lot requires Planning Commission approval of
a Development Review application. Development Review approval is required to ensure
compliance with the City's General Plan policies, development standards and design
guidelines, and to minimize adverse effects of the proposed project upon the surrounding
properties and the City in general.
As stated in Section 22.48.010 of the Development Code, the Development Review
process was established to ensure that new development and additions to existing
development are consistent with the General Plan "through the promotion of high
functional and aesthetic standards to complement and add to the economic, physical, and
social character" of Diamond Bar.
DR, CUP, Amendment to CSP No. PL 2013-343 Page 4 or 13
Development Standards: The following table compares the proposed project with
the City's development standards for commercial development in the Diamond Bar
Village Specific Plan zone:
Site and Grading Configuration: The site is located within an existing shopping
center on an existing pad. The applicant is proposing to extend the buildable pad
to establish the drive-thru aisle, which requires cutting 1,009 cubic yards of soil
towards the east, west and south side of the site. Therefore, 1,100 cubic yards of
soil will have to be exported from the site.
The 2012 Standard Urban Stormwater Mitigation Program (SUSMP) and Low
Impact Development (LID) permit requires complete onsite infiltration of
stormwater. If complete infiltration is infeasible, stormwater runoff is required to
be biotreated. The applicant is proposing complete infiltration. The SUSMP/LID
plans will be reviewed during plan check for compliance with the new 2012 permit
requirements.
Architectural Features, Colors, and Materials: The City's Design Guidelines
have been established to encourage compatible building and site design
throughout the city that improves the visual quality of the surrounding area through
aesthetically pleasing site planning, building design, and architecture. In addition,
a primary objective is to promote compatibility with adjacent uses to minimize any
potential negative impacts.
The architectural style is contemporary to be compatible with the architectural
theme in the center. The proposed building incorporates the exterior material and
Page 5 of 13
DR, CUP, Amendment to CSP No. PL 2013-343
finish palette used for Target and the Chili's restaurant, and includes the following
design features:
• Tower element at corners of the front fagade and parapets;
• Stucco;
• Stacked stone veneer at the bottom base of the building;
• Architectural details such as cornice moldings;
• Metal awnings and canopies over storefront windows; and
• Decorative exterior wall mounted lighting fixture.
North (Front) Elevation
(View from Parking Lot)
South (Rear) Elevation
(Facing Lavender Drive)
DR, CUP, Amendment to CSP No. PL 2013-343 Page 6 of 13
West (Side) Elevation
(Facing Golden Springs Drive)
East (Side) Elevation
• Landscaping: A landscape plan was submitted as part of the application. The
existing landscaped slopes located along Golden Springs Drive and Lavender
Drive will remain. Landscaping will be enhanced in these areas by adding
additional trees, shrubs, and ground cover around the perimeter of the site.
Landscaping is used to provide buffer from the street and to provide shade for
parked cars. Twelve 24 -inch box London Plane and existing trees along Golden
Springs and along Lavender Drive are proposed to reduce the visual impact of the
cars in the drive-thru lane. In addition, low dense growth hedges are proposed
around the drive-thru lane. Two 24 -inch box Magnolia trees are proposed in the
parking lot planter area. All plant types proposed are non-invasive plant species.
All landscaping and irrigation will be installed prior to final inspection or issuance
of a Certificate of Occupancy. The project is also required to comply with the
water -efficient landscape requirements, which will be verified during building plan
check.
Two small patio areas are proposed for outdoor dining in front of the building. A
condition of approval has been added to the resolution requiring the use of
DR, CUP, Amendment to CSP No. PL 2013-343 Page 7 of 13
decorative paving in the outdoor dining areas to provide more interest and enliven
the front of the building.
Conditional Use Permit (DBMC Section 22.58
A CUP is required for uses whose effect on the surrounding area cannot be determined
before being analyzed for suitability at a particular location. The DBVSP requires
approval of a CUP for drive-thru facilities.
When reviewing a CUP, consideration is given to the location, design, configuration,
operational characteristics and potential impacts to determine whether or not the
proposed use will pose a detriment to the public health, safety and welfare. If it can be
found that the proposed use is likely to be compatible with its surroundings, the
Commission may approve the proposed use subject to conditions stipulating the manner
in which the use must be conducted. If the Commission finds that the proposed use is
likely to be detrimental to the general peace, health and general welfare, then it must
deny the request.
When a CUP is approved, it runs with the land and all conditions placed on the CUP are
binding on all successors in interest. In other words, if the Starbucks were to close the
business after it has begun operating, a new tenant could locate in the space and operate
with the same service. The new tenant would be required to comply with the same
conditions as the previous tenant and would not be permitted to modify the drive-thru
facility without full review and approval by the Planning Commission.
A CUP is requested for drive-thru facilities to make sure that the design and operation of
the facility effectively mitigates problems of traffic, congestion, excessive pavement, litter,
noise, and unsightliness.
The proposed drive-thru lane has adequate queuing areas, and the proposed design will
be more than adequate to accommodate the expected vehicle demand. Cars queuing in
the drive-thru lane will be screened from view along Golden Springs Drive by a
landscaped buffer. In addition, there is sufficient turning radii in the drive-thru aisle for
vehicles to turn in the lane.
Parking
A total of 43 parking spaces will be required for the project (32 spaces for Starbucks and
Waba Grill, five spaces for outdoor dining area, and six spaces for T -Mobile). There will
be 18 parking spaces provided onsite. Target's gross floor area is 130,660, which
requires 436 spaces. The shopping center parking lot has 560 parking spaces that can
accommodate the proposed building, and will exceed the requirement by providing a
surplus of 21 spaces. Also, there is a reciprocal parking and access agreement for the
shopping center.
DR, CUP, Amendment to CSP No. PL 2013-343 Page 8 of 13
Parking Requirement
A separate traffic analysis was not required because it was previously analyzed for the
development of the center.
Comprehensive Sign Program (DBMC Section 22.36.060)
Comprehensive Sign Programs are used to integrate the signage with the design of the
development to achieve a unified architectural statement. The program has specific
requirements for signs proposed for the development. There is an existing
comprehensive sign program for the center. The approved sign criteria for this site require
that the proposed wall signs be reviewed as part of the design review of the building as
to size, 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:
Sign Type
Location
ParkingParking
Ratio
Parking Required
Meets
Target
130,660
1 space per 300 sq. ft.
436
Yes
Chili's Restaurant
6,000
1/100 sq. ft., plus 1/100
outdoor dining
60
Logos
North, East, West
1/100 sq. ft. for
Maximum 10 sq. ft.
Yes
Proposed Building
4,894
restaurant, plus 1/100
outdoor dining and
43
1/300 sq. ft. for retail
--
No, exceeds
Total
141,554
539
560
A separate traffic analysis was not required because it was previously analyzed for the
development of the center.
Comprehensive Sign Program (DBMC Section 22.36.060)
Comprehensive Sign Programs are used to integrate the signage with the design of the
development to achieve a unified architectural statement. The program has specific
requirements for signs proposed for the development. There is an existing
comprehensive sign program for the center. The approved sign criteria for this site require
that the proposed wall signs be reviewed as part of the design review of the building as
to size, 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:
Sign Type
Location
Quantity
Meets
Wall Signs
North and South
6
Maximum 40 sq. ft.
Yes
Elevation
Logos
North, East, West
4
Maximum 10 sq. ft.
Yes
Elevation
No, exceeds
maximum 7 -foot
Freestanding
Southwest Corner of
50 sq. ft./
height. Thus
Monument Sign
Grand Avenue and
1
14 ft. tall
requesting
Lavender Drive
amendment to
CSP.
The applicant is requesting an amendment to the Comprehensive Sign Program for
changes to the existing monument sign located at the corner of Grand Avenue and
Lavender Drive. All proposed exteriorwall signs are appropriately located on the building.
Proposed wall signs are 30 -inch individual aluminum plexi -glass faced channel letters,
illuminated using LED lighting, and is limited to the north and south elevations of the
building. Logo signs are 42 -inches tall and is proposed on the north, east, and west
elevations of the tower. Corporate fonts, colors, and logos will be used for all proposed
signage.
DR, CUP, Amendment to CSP No. PL 2013-343 Page 9 of 13
The applicant is requesting to replace the existing seven -foot high monument sign at the
southwest corner of Grand Avenue and Lavender Drive with a 14 -foot high monument
sign in order to provide additional display space for tenants of the new building. The
height of the new monument sign does not obscure views for vehicles turning right from
Lavender Drive to Grand Avenue and is constructed to look the same as the existing sign,
but taller. A line of sight analysis was prepared and determined that the vehicles traveling
eastbound on Grand Avenue has adequate stopping distance if there are vehicles turning
right from Lavender Drive to Grand Avenue. The minimum sight distance determination
is based on the posted speed limit and the reaction time of the driver traveling eastbound
to come to a complete stop upon observing the vehicle turning right from Lavender Drive
to Grand Avenue. Therefore, the proposed monument sign does not obstruct the visibility
of both the vehicles traveling eastbound on Grand Avenue and any vehicles turning right
on Lavender to Grand Avenue.
\i.\ ... Design Speed = 45 MPH `
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\ topping Distance = 360 ft.
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Proposed Monument Sig
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Line of Sight
DR, CUP, Amendment to CSP No. PL 2013-343 Page 10 of 13
View Looking Southwest from Grand Ave.
and Lavender Drive
Existing 7 -Ft. High
Monument Sign
H
Proposed 14 -Ft. High Monument Sign
Compatibility With Neighborhood
The proposed project complies with the goals and objectives as set forth in the adopted
General Plan in terms of land use. The project will not negatively affect the existing
surrounding land uses, and the design and appearance of the proposed commercial
building is compatible with the shopping center. The proposed restaurant and retail uses
will provide additional dining and retail choices to the community.
The project incorporates the principles of the City's Commercial Design Guidelines and
the Diamond Bar Village Specific Plan as follows:
Building is consistent with the center's architectural theme;
DR, CUP, Amendment to CSP No. PL 2013-343 Page 11 of 13
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Proposed 14 -Ft. High Monument Sign
Compatibility With Neighborhood
The proposed project complies with the goals and objectives as set forth in the adopted
General Plan in terms of land use. The project will not negatively affect the existing
surrounding land uses, and the design and appearance of the proposed commercial
building is compatible with the shopping center. The proposed restaurant and retail uses
will provide additional dining and retail choices to the community.
The project incorporates the principles of the City's Commercial Design Guidelines and
the Diamond Bar Village Specific Plan as follows:
Building is consistent with the center's architectural theme;
DR, CUP, Amendment to CSP No. PL 2013-343 Page 11 of 13
• Provides articulation of building elements both vertically and horizontally by
integrating tower elements, parapets and metal awnings;
• Warm earth tone color palette;
• Stacked stone veneer at the base of the building; and
• All utility and mechanical equipment is enclosed in a mechanical room as part of
the building and screened from public view.
Additional Review
The Public Works/Engineering Department and Building and Safety Division reviewed
this project and included their comments in the attached resolution as conditions of
approval.
NOTICE OF PUBLIC HEARING:
Public hearing notices were mailed to property owners within a 700 -foot radius of the
project site on November 26, 2014, and the notice was published in the Inland Valley
Daily Tribune and San Gabriel Valley Tribune newspapers on November 28, 2014. The
project site was posted with a notice display board, and a copy of the public notice was
posted at the City's three designated community posting sites.
PUBLIC COMMENT:
At the time the staff report was published, staff had not received any comments from the
public.
ENVIRONMENTAL ASSESSMENT:
This project has been reviewed for compliance with the California Environmental Quality
Act (CEQA). Based on that assessment, the City has determined the project to be
Categorically Exempt from the provisions of CEQA pursuant to the provisions of Article 19
DR, CUP, Amendment to CSP No. PL 2013-343 Page 12 of 13
Section 15303(c) (a new commercial structure not exceeding 10,000 square feet in floor
area) of the CEQA Guidelines. No further environmental review is required.
Prepared by:
Grac ee
Senior Planner
Attachments:
Reviewed by:
Greg Gubman, AICP
Community Development Director
1. Draft Resolution No. 2014 -XX and Conditions of Approval
2. Site Plan, Floor Plans, Elevations, Landscape Plans, and Conceptual Grading
Plans
3. Color and Material Board
4. Amendment to Comprehensive Sign Program
DR, CUP, Amendment to CSP No. PL 2013-343 rage is or is
Attachment 1
PLANNING COMMISSION
RESOLUTION NO. 2014 -XX
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW,
CONDITIONAL USE PERMIT, AND AMENDMENT TO COMPREHENSIVE
SIGN PROGRAM NO. PL2014-343 TO CONSTRUCT A NEW 4,894 SQUARE -
FOOT COMMERCIAL BUILDING ON A 0.69 GROSS ACRE (30,246 GROSS
SQUARE -FOOT) LOT; A CONDITIONAL USE PERMIT IS REQUESTED FOR
DRIVE-THRU SERVICE LANE; AND AN AMENDMENT TO THE
COMPREHENSIVE SIGN PROGRAM IS REQUIRED TO REPLACE AN
EXISTING MONUMENT SIGN WITH A TALLER SIGN LOCATED AT 22438
GOLDEN SPRINGS DRIVE, DIAMOND BAR, CA 91765 (APN 8293-045-130).
A. RECITALS
1. The property owner, CFT Developments, LLC, and applicant, Gary Wang
and Associates, have filed an application for Development Review,
Conditional Use Permit, and Amendment to the Comprehensive Sign
Program No. PL2014-343 to construct a new 4,894 square -foot commercial
building located at 22438 Golden Springs Drive, Diamond Bar, County of
Los Angeles, California.
2. The following approvals are requested from the Planning Commission
(a) Development Review to construct a new 4,894 square -foot single -
story commercial building;
(b) Conditional Use Permit for drive-thru service lane; and
(c) Amendment to Comprehensive Sign Program to replace an existing
seven -foot tall monument sign with a 14 -foot tall monument sign.
Hereinafter in this Resolution, the subject Development Review, Conditional
Use Permit, and Amendment to Comprehensive Sign Program shall be
referred to as the "Proposed Project."
3. The subject property is made up of one parcel totaling 30,056 square feet
(0.69 gross acres). It is located in the Diamond Bar Village Specific Plan
(DBVSP) zone with an underlying General Plan land use designation of
Planning Area 3 -Specific Plan.
4. The legal description of the subject property is Lot 3 of Tract 347-1-4. The
Assessor's Parcel Number is 8293-045-130.
5. On November 28, 2014, notification of the public hearing for this project was
published in the San Gabriel Valley Tribune and the Inland Valley Daily
Bulletin newspapers. On November 26, 2014, public hearing notices were
mailed to property owners within a 700 -foot radius of the Project site. Public
notices were posted at the City's designated community posting sites on
November 26, 2014. In addition to the published and mailed notices, the
project site was posted with a display board and the notice was posted at
three other locations within the project vicinity.
6. On December 9, 2014, the Planning Commission of the City of Diamond
Bar conducted a duly noticed public hearing, solicited testimony from all
interested individuals, and concluded said hearing on that date.
B. RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission of the City of Diamond Bar as follows:
1. 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; and
2. The Planning Commission hereby determines the Project to be
Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to the provisions of Article 19,
Section 15303(c) (a new commercial structure not exceeding 10,000 square
feet in floor area) of the CEQA Guidelines. Therefore, no further
environmental review is required.
C. FINDINGS OF FACT
Based on the findings and conclusions set forth herein and as prescribed under
Diamond Bar Municipal Code (DBMC) Sections 22.48, 22.58, and 22.36.060, this
Planning Commission hereby finds as follows:
Development Review Findings (DBMC Section 22.48.040)
1. The design and layout of the proposed development is consistent with the
applicable elements of the City's General Plan, City Design Guidelines, and
development standards of the applicable district, design guidelines, and
architectural criteria for special areas (e.g., theme areas, specific plans,
community plans, boulevards or planned developments):
The Proposed Project is consistent with the applicable elements of the
City's General Plan, City Design Guidelines and development standards by
meeting all of the required setbacks of the Diamond Bar Village Specific
Plan. The proposed building has been designed to be complementary to
the existing buildings within the shopping center and is designed to fit the
site and its surroundings.
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Planning Commission Resolution No. 2014 -XX
The architectural style is contemporary to be compatible with the
architectural theme in the center. The building incorporates the exterior
material and finish palette used for Target and Chili's restaurant, and
includes design features such as tower element at corners of the front
fagade and parapets, stucco, stacked stone veneer at the bottom base of
the building, architectural details such as cornice moldings, metal awnings
and canopies of storefront windows, and decorative exterior wall mounted
lighting fixtures.
2. The design and layout of the proposed development will not interfere with
the use and enjoyment of neighboring existing or future developments, and
will not create traffic or pedestrian hazards:
The proposed building will not interfere with the use of enjoyment of
neighboring existing or future developments because the use of the project
site is designated for commercial uses and is within an existing shopping
center.
The proposed building will not interfere with vehicular or pedestrian
movements, such as access or other functional requirements. The
proposed drive-thru service lane has adequate queuing spaces available
for the proposed drive-thru facility and will be more than adequate to
accommodate the expected vehicle demand. In addition, there is sufficient
turning radii in the drive-thru aisle for vehicles to turn in the lane.
3. The architectural design of the proposed development is compatible with
the character of the surrounding neighborhood and will maintain and
enhance the harmonious, orderly and attractive development contemplated
by Chapter 22.48: Development Review Standards, the City's Design
Guidelines, the City's General Plan, or any applicable specific plan:
The architectural style is the same contemporary style as the existing
buildings in the shopping center. The Proposed Project is designed to be
compatible with the shopping center, and incorporates architectural details
and colors to match the existing buildings.
4. The design of the proposed development will provide a desirable
environment for its occupants and visiting public as well as its neighbors
through good aesthetic use of materials, texture, color, and will remain
aesthetically appealing:
Articulation and variation in the building elements has been achieved
vertically and horizontally through the utilization of varying architectural
features such as towers and parapet walls, metal awnings, building colors
and materials, and landscaping. The project has a sense of balance,
involving well-proportioned masses and roof design.
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Planning Commission Resolution No. 2014 -XX
5. The proposed development will not be detrimental to public health, safety
or welfare or materially injurious (e.g., negative effect on property values or
resale(s) of property) to the properties or improvements in the vicinity:
Before the issuance of any City permits, the Proposed Project is required to
comply with ail conditions within the approved resolution, and the Building
and Safety Division and Public Works/Engineering Department
requirements. Through the permit and inspection process, the referenced
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.
6. The proposed project has been reviewed in compliance with the provisions
of the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15303(c) (a new commercial structure not exceeding 10, 000 square
feet in floor area) of the CEQA guidelines.
Conditional Use Permit Review Findings (DBMC Section 22.58)
The Proposed Use is allowed within the subject zoning district with the
approval of a conditional use permit and complies with all other applicable
provisions of this Development Code and the Municipal Code:
Drive-thru facilities are permitted in the Diamond Bar Village Specific Plan
zoning district with approval of a conditional use permit. Through
compliance with the conditions of approval stipulating the manner in which
the use must be conducted, the Proposed Use will be compatible with
existing uses in the shopping center.
2. The Proposed Use is consistent with the general plan and any applicable
specific plan:
The Proposed Use is consistent with General Plan Strategy 1.3.3:
("Encourage neighborhood serving retail and service commercial uses") in
that the proposed commercial building with drive-thru service lane meets
Strategy 1. 3.3 because the proposed drive-thru facility provides services to
Diamond Bar residents. The proposed restaurant and retail uses will
provide additional dining and specialty retail choices to Diamond Bar
residents.
The Proposed Project is also consistent with the Diamond Bar Village
Specific Plan and provides a well-designed building that will blend with the
surrounding area and will complement the buildings in the shopping center.
4
Planning Commission Resolution No. 2014 -XX
3. The design, location, size and operating characteristics of the Proposed
Use are compatible with the existing and future land uses in the vicinity:
The Proposed Use is located within a shopping center occupied by Target
and Chili's restaurant. As such, the operational characteristics are
compatible with the existing uses within the shopping center. The design
of the proposed building will allow the operation of a drive-thru Starbucks.
The location of the drive-thru lane will not enter onto any public roadway
and will not interfere with on-site traffic circulation. Due to the building
raised approximately 18 feet above the street level grade and the
landscaped buffer, vehicles in the drive-thru service lane will be screened
from street view.
Through compliance with the conditions of approval stipulating the manner
in which the use must be conducted, the Proposed Use will be compatible
with the other uses within the shopping center.
4. The subject property is physically suitable for the type and densitylintensity
of use being proposed, including access, provision of utilities, compatibility
with adjoining land uses, and the absence of physical constraints:
The Project Site is located within an existing commercial shopping center
and the Proposed Project has appropriate vehicle queuing capacity for the
building, design, and location. The proposed layout will be more than
adequate to accommodate the expected vehicle demand. Access is
proposed through the existing drive aisles from Grand Avenue and Golden
Springs Drive. The orientation of the building is consistent with the Diamond
Bar Village Specific Plan.
5. Granting the conditional use permit will not be detrimental to the public
interest, health, safety, convenience, or welfare, or injurious to persons,
property, or improvements in the vicinity and zoning district in which the
property is located:
Prior to the issuance of any city permits, the Proposed Use is required to
comply with all conditions of approval within the attached resolution, and
the Building and Safety Division and Public Works/Engineering Department.
6. The Proposed Use has been reviewed in compliance with the provisions of
the California Environmental Quality Act (CEQA).
The proposed project is categorically exempt from the provisions of the
California Environmental Quality Act (CEQA) as set forth under Article 19
Section 15303 (c) (a new commercial structure not exceeding 10,000
square feet in floor area) of the CEQA Guidelines.
5
Planning Commission Resolution No. 2014 -XX
Comprehensive Sign Program Findings (DBMC Section 22.36.060)
1. The comprehensive sign program satisfies the purpose of this chapter and
the intent of this section:
The comprehensive sign program satisfies the purpose and intent of the
development code by integrating the signage with the design of the building
and having specific size, location, and design requirements for signs
proposed on the building.
2. The signs enhance the overall development, are in harmony with, and are
visually related to other signs included in the comprehensive sign program
and to the structure and/or uses they identify, and to surrounding
development:
The proposed comprehensive sign program enhances the overall
development by limiting the wall signage to the north and south elevations
of the building. All signage is limited to a maximum of 30 -inches in height.
The proposed signs are individual channel letters, illuminated using LED
lighting. All sign lighting power sources shall be located at the building
interior. Corporate fonts, colors, and logos will be used for all proposed
signage. The proposed signage is appropriate with the building and is
complementary to the signage in the shopping center.
In addition, the applicant is requesting an amendment to the existing
Comprehensive Sign Program to replace the existing seven -foot high
monument sign with a 14 -foot high monument sign in order to provide
additional display space for tenants of the new building. The height of the
new monument sign does not obscure views for vehicles turning right from
Lavender Drive to Grand Avenue and is constructed to look the same as
the existing sign, but taller. A line of sight analysis was prepared and
determined that the vehicles traveling eastbound on Grand Avenue has
adequate stopping distance if there are vehicles turning right from Lavender
Drive to Grand Avenue. The minimum sight distance determination is
based on the posted speed limit and the reaction time of the driver traveling
eastbound to come to a complete stop upon observing the vehicle turning
right from Lavender Drive to Grand Avenue. Therefore, the proposed
monument sign does not obstruct the visibility of both the vehicles traveling
eastbound on Grand Avenue and any vehicles turning right on Lavender to
Grand Avenue.
3. The comprehensive sign program accommodates future revisions which
may be required due to changes in uses or tenants:
6
Planning Commission Resolution No. 2014 -XX
The comprehensive sign program accommodates future revisions by
having minor changes reviewed by staff and the Community Development
Director, and any major changes to be reviewed by the Planning
Commission.
4. The comprehensive sign program complies with the standards of this
chapter, except that flexibility is allowed with regard to sign area, number,
location, and/or height to the extent that the comprehensive sign program
will enhance the overall development and will more fully accomplish the
purposes of this chapter:
The comprehensive sign program complies with the standards of
Chapter 22.36 and will enhance the overall development through
consistency with the City's Design Guidelines for commercial signage,
uniformity and easy identification of the signs, and neighborhood
compatibility. Flexibility is allowed with regard to the height of the
monument sign located at the corner of Grand Avenue and Lavender Drive
in order to display tenants of the new building.
D. CONDITIONS OF APPROVAL
Based upon the findings and conclusion set forth above, the Planning Commission
hereby approves this Application, subject to the following conditions:
General
The applicant shall comply with the standard development conditions
attached hereto.
2. A permanent maintenance program shall be implemented ensuring regular
irrigation, fertilization, and weed removal. All landscaping shall be
maintained in a healthy, neat and orderly condition, free of weeds and
debris and with operating irrigation at all times.
3. The project shall be in compliance with pertinent conditions of approval for
Tentative Parcel Map No. 61702.
Development Review
4. Development shall substantially comply with the plans and documents
presented to the Planning Commission at the public hearing.
5. On the plans submitted for building plan check, indicate decorative paving
in the outdoor dining areas to provide more interest and enliven the front of
the building.
7
Planning Commission Resolution No. 2014 -XX
6. Prior to building permit issuance, landscape and irrigation plans shall be
reviewed and approved by the City's Consulting Landscape Architect and
shall comply with the Water Conservation Landscaping Ordinance.
7. Upon final inspection and if it is determined that the plant materials as
shown on the approved plans do not fully address the intended purpose of
screening the vehicles in the drive-thru lane, compliance with conditions of
approval or aesthetics, the Community Development Director may require
the planting of up to 10 percent of the approved density of plant materials.
Conditional Use Permit
8. The establishment is approved as a drive-thru facility as described in the
application on file with the Planning Division, the Planning Commission staff
report for Development Review, Conditional Use Permit, and Amendment
to Comprehensive Sign Program No. PL2013-343 dated December 9,
2014, and the Planning Commission minutes pertaining thereto, hereafter
referred to as the "Use." The use shall be limited to a restaurant with drive-
thru service lane.
9. The Use shall substantially conform to the approved plans as submitted and
approved by the Planning Commission and on file with the Community
Development Department.
10. This Conditional Use Permit shall be valid only for 22438 Golden Springs
Drive., as depicted on the approved plans on file with the Planning Division.
If the Proposed Use moves to a different location or reconfigures the lanes,
the approved Conditional Use Permit shall be amended, subject to Planning
Commission approval for the new location. If the Use ceases to operate,
the approved Conditional Use Permit shall expire without further action by
the City.
11. No changes to the approved scope of services comprising the use shall be
permitted unless the applicant first applies for an amendment to this
Conditional Use Permit, pays all application processing fees and receives
approval form the Planning Commission.
The Planning Commission shall:
a. Certify to the adoption of this Resolution; and
b. Forthwith transmit a certified copy of this Resolution, by certified mail
to the property owner, CFT Developments, LLC, 1683 Walnut Grove
Avenue, Rosemead, CA 91770, and applicant Gary Wang and
Associates, 1255 Corporate Center Drive, Monterey Park, CA
91754.
8
Planning Commission Resolution No. 2014 -XX
APPROVED AND ADOPTED THIS 9th DAY OF DECEMBER 2014, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
in
Frank Farago, Chairman
I, Greg Gubman, 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 9th day of December, 2014, by the following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSENT: Commissioners:
ABSTAIN: Commissioners:
ATTEST:
Greg Gubman, Secretary
9
Planning Commission Resolution No. 2014 -XX
COMMUNITY DEVELOPMENT DEPARTMENT
STANDARD CONDITIONS
USE PERMITS, COMMERCIAL AND RESIDENTIAL NEW AND
REMODELED STRUCTURES
PROJECT #: Development Review Conditional Use Permit, Amendment to
Comprehensive Sign Program No. PL 2013-343
SUBJECT: Development Review to construct a new 4,894 sq. ft.
commercial building• Conditional Use Permit for drive-thru
service lane• and Amendment to Comprehensive Sign Program
to replace an existing monument sign with a taller sign.
PROPERTY CFT Developments, LLC
OWNER: 1683 Walnut Grove Avenue
Rosemead, CA 91770
APPLICANT: Gary Wang and Associates
1255 Corporate Center Drive
Monterey Park, CA 91754
LOCATION: 22438 Golden Springs Drive Diamond Bar, CA 91765
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL REQUIREMENTS
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 Development Review,
Conditional Use Permit, and Amendment to Comprehensive Sign Program
No. PL2013-343 brought within the time period provided by Government
Code Section 66499.37. In the event the city and/or its officers, agents and
employees are made a party of any such action:
10
Planning Commission Resolution No. 2014 -XX
(a) Applicant shall provide a defense to the City defendants or at the
City's option reimburse the City its costs of defense, including
reasonable attorneys fees, incurred in defense of such claims.
(b) Applicant shall promptly pay any final judgment rendered against the
City defendants. The City shall promptly notify the applicant of any
claim, action of proceeding, and shall cooperate fully in the defense
thereof.
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, Conditional Use Permit, and
Amendment to Comprehensive Sign Program No. PL2013-343, at the City
of Diamond Bar Community Development Department, their affidavit stating
that they are aware of and agree to accept all the conditions of this approval.
Further, this approval shall not be effective until the applicants pay
remaining City processing fees, school fees and fees for the review of
submitted reports.
3. All designers, architects, engineers, and contractors associated with this
project shall obtain a Diamond Bar Business License; and a zoning approval
for those businesses located in Diamond Bar.
4. Signed copies of Planning Commission Resolution No. 2014 -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 roof plans, and elevation plans
shall be coordinated for consistency prior to issuance of City permits (such
12
Planning Commission Resolution No. 2014 -XX
as grading, tree removal, encroachment, building, etc.,) or approved use
has commenced, whichever comes first.
10. The property owner/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.
B. FEEWDEPOSITS
Applicant shall pay development fees (including but not limited to Planning,
Building and Safety Divisions, Public Works Department and Mitigation
Monitoring) at the established rates, prior to issuance of building or grading
permit (whichever comes first), as required by the City. School fees as
required shall be paid prior to the issuance of building permit. In addition,
the applicant shall pay all remaining prorated City project review and
processing fees prior to issuance of grading or building permit, whichever
comes first.
2. Prior to any plan check, all deposit accounts for the processing of this
project shall have no deficits.
C. TIME LIMITS
The approval of Development Review, Conditional Use Permit, and
Amendment to Comprehensive Sign Program No. PL2013-343 expires
within two years from the date of approval if the use has not been exercised
as defined per Diamond Bar Municipal Code (DBMC) Section 22.66.050
(b)(1). The applicant may request in writing a one year time extension
subject to DBMC Section 22.60.050(c) for Planning Commission approval.
D. SITE DEVELOPMENT
The project site shall be developed and maintained in substantial
conformance with the approved plans submitted to, approved, and
amended herein by the Planning Commission, collectively attached
referenced as site plans, floor plans, architectural elevations, and
landscape plans on file with the Planning Division, the conditions contained
herein, and the 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.
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Planning Commission Resolution No. 2014 -XX
3. All roof -mounted equipment shall be screened from public view.
4. All structures, including walls, trash enclosures, canopies, etc., shall be
maintained in a structurally sound, safe manner with a clean, orderly
appearance. All graffiti shall be removed within 72 hours by the property
owners/occupant.
5. No occupancy permit shall be granted, until all improvements required by
this approval have been properly constructed, inspected, and approved.
6. All landscaping, structures, architectural features and public improvements
damaged during construction shall be repaired or replaced upon project
completion.
E. SOLID WASTE
1. The site shall be maintained in a condition, which is free of debris both
during and after the construction, addition, or implementation of the
entitlement approved herein. The removal of all trash, debris, and refuse,
whether during or subsequent to construction shall be done only by the
property owner, applicant or by a duly permitted waste contractor, who has
been authorized by the City to provide collection, transportation, and
disposal of solid waste from residential, commercial, construction, and
industrial areas within the City. It shall be the applicant's obligation to insure
that the waste contractor used has obtained permits from the City of
Diamond Bar to provide such services.
2. Mandatory solid waste disposal services shall be provided by the City
franchised waste hauler to all parcels/lots or uses affected by approval of
this project.
APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT,
(909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL
1. An Erosion Control Plan shall be submitted concurrently with the grading
plan clearly detailing erosion control measures. These measures shall be
implemented during construction. The erosion control plan shall conform to
National Pollutant Discharge Elimination System (NPDES) standards and
incorporate the appropriate Best Management Practices (BMP's) as
specified in the Storm Water BMP Certification. For construction activity
which disturbs one acre or greater of soil, a Storm Water Pollution
Prevention Plan (SWPPP) shall be required.
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Planning Commission Resolution No. 2014 -XX
2. The applicant shall comply with Low Impact Development (LID)
requirements to the satisfaction of the City Engineer. The LID Plan will be
required to comply with the 2012 MS4 Permit and the most recent submittal
dated November 13, 2014. Any proposed changes to the LID Plan from the
November 13, 2014 submittal may require Planning Division approval as
deemed necessary by the Community Development Director.
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.
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. In addition, all
construction equipment shall be properly muffled to reduce noise levels.
B. SOILS REPORT/GRADING/RETAINING WALLS
A grading permit issued by the Public Works/Engineering Department is
required for the development. Prior to grading plan submittal, a
geotechnical report prepared by a Geotechnical Engineer, licensed by the
State of California, shall be submitted by the applicant for approval by the
City.
Upon approval of the geotechnical report, 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.
Finished slopes shall conform to City Code Section 22.22.080 -Grading.
4. All easements and flood hazard areas shall be clearly identified on the
grading plan.
The grading plan shall show the location of any retaining walls and the
elevations of the top of wall/footing/retaining and the finished grade on both
sides of the retaining wall. Construction details for retaining walls shall be
shown on the grading plan. Calculations and details of retaining walls shall
be submitted to the Building and Safety Division for review and approval.
All equipment staging areas shall be located on the project site. Staging
area, including material stockpile and equipment storage area, shall be
15
Planning Commission Resolution No. 2014 -XX
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.
7. Grading of the subject property shall be in accordance with the California
Building Code, City Grading Ordinance, Hillside Management Ordinance
and acceptable grading practices.
8. All slopes shall be seeded per landscape plan and/or fuel modification plan
with native grasses or planted with ground cover, shrubs, and trees for
erosion control upon completion of grading or some other alternative
method of erosion control shall be completed to the satisfaction of the City
Engineer.
9. Submit a stockpile plan showing the proposed location for stockpile for
grading export materials, and the route of transport.
10. 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.
11. Rough grade certifications by project soils and civil engineers shall be
submitted prior to issuance of building permits for the foundation of the
residential structure. Retaining wall permits may be issued without a rough
grade certificate.
12. Final grade certifications by project 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
1. 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.
D. TRAFFIC MITIGATIONS
2. Prior to issuance of a Certificate of Occupancy, the applicant shall pay the
traffic "fair share' contribution in the amount of $67,681.37 as established
in the July 19, 2005, Amendment No. 1 to the Development Agreement for
Diamond Bar Village.
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-
16
Planning Commission Resolution No. 2014 -XX
7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. GENERAL CONDITIONS
1. At the time of plan check submittal, plans shall conform to current State and
Local Building Code (i.e., currently the 2013 California Building Code,
California Plumbing Code, California Mechanical Code, and the California
Electrical Code) requirements and all other applicable construction codes,
ordinances and regulations in effect at the time of plan check submittal.
2. Provisions for CALGreen shall be implemented onto plans and certification
shall be provided by a third party as required by the Building Division.
Specific water, waste, low VOC, and related conservation measures shall
be shown on plans. Construction shall conform to the current CALGreen
Code.
3. The location of the accessible stalls shall be modified to occur at the closest
point to the accessible primary entrances if the layout of tenant spaces
causes a different entrance configuration.
B. PLAN CHECK — ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL
1. The minimum design load for wind in this area is 85 M.P.H. exposures "C
and the site is within seismic zone D or E. The applicant shall submit
drawings and calculations prepared by a California State licensed
Architect/Engineer with wet stamp and signature.
2. Public Works/Engineering Department is required to review and approve
grading plans that clearly show all finish elevations, drainage, and retaining
wall(s) locations. These plans shall be consistent with the site plan
submitted to the Building and Safety Division.
3. "Separate permit shall be required for all wall and monument signs" shall be
noted on the plans.
4. Number of plumbing fixtures shall be in compliance with CPC T-4-1.
5. Provide at least one bathroom for each sex per CBC 412.3.
6. All easements shall be shown on the site plan.
7. A soils report is required per CBC 1803 and all recommendations of the
soils report shall be adhered to.
8. Slope setbacks shall be consistent with California Building Code Figure
1805.3.1 and California Residential Code R403.1.7. Foundations shall
17
Planning Commission Resolution No. 2014 -XX
provide a minimum distance to daylight.
9. The location of the grease interceptor shall be shown on the site plan. LA
County Industrial Waste approval is required for the location and design of
the interceptor.
10. The accessible path of travel between buildings on the overall site to
existing buildings shall be considered in the design as required per CBC
11 B-206.2.2.
11. An accessible path of travel shall be provided to the trash enclosure.
12. The location of the drainage swale behind the accessible parking stall shall
remain completely outside the required accessible stall area.
C. PERMIT — ITEMS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE
1. Solid waste management of construction materials shall incorporate
recycling material collection per Diamond Bar Municipal Code Section 8.16.
The contractor shall complete all required forms and pay applicable
deposits prior to permit.
2. All food establishments shall obtain Los Angeles County health and
environmental waste permits.
3. Prior to building permit issuance, all school district fees shall be paid.
Please obtain a form from the Building and Safety Division to take directly
to the school district.
4. Submit grading plans clearly showing all finished elevations, drainage, and
retaining wall locations. No building permits shall be issued prior to
submitting a pad certification.
5. All workers on the job shall be covered by workman's compensation
insurance under a licensed general contractor. Any changes to the
contractor shall be updated on the building permit.
6. LA County Health and Industrial Waste approval is required prior to permit
issuance.
D. CONSTRUCTION — CONDITIONS REQUIRED DURING CONSTRUCTION
1. Fire sprinklers are required for new single family dwellings (CRC R313.2).
Sprinklers shall be approved by LA County Fire Department prior to
installation and shall be inspected at framing stage and finalization of
construction.
18
Planning Commission Resolution No. 2014 -XX
2. Occupancy of the facilities shall not commence until all California Building
Code and State Fire Marshal regulations have been met. The buildings
shall be inspected for compliance prior to occupancy.
3. Every permit issued by the Building and Safety Division shall expire if the
building or work authorized by such permit is not commenced within 180
days from the date of such permit. Otherwise, permits will expire if work
has discontinued and not been signed -off on the job card by the building
inspector within a 180 day period.
4. Construction activities causing the operation of any tools or equipment used
in construction, drilling, repair, alteration, or demolition work shall be
conducted Monday through Saturday between the hours of 7:00 a.m. and
7:00 p.m.
The project shall be protected by a construction fence to the satisfaction of
the Building Official. All fencing shall be view obstructing with opaque
surfaces.
The property and all structures on the property shall be maintained in a safe
and clean manner during construction. The property shall be free of debris,
trash, and weeds.
The project shall be protected by a construction fence and shall comply with
the NPDES & BMP requirements (sand bags, etc.)
8. The applicant shall contact Dig Alert and have underground utility locations
marked by the utility companies prior to any excavation. Contact Dig Alert
by dialing 811 or their website at www.digalert.org.
9. Any changes or deviation from approved plans during the course of
construction shall be approved by the City prior to proceeding with any work.
10. Drainage patterns shall match the approved grading/drainage plan from the
Public Works/Engineering Department. Surface water shall drain away
from the building at a 2% minimum slope. The final as -built conditions shall
match the grading/drainage plan or otherwise be approved as -built
grading/drainage plan.
11. Special inspections and structural observation will be required in
conformance to CBC 1704 to 1709.
END
19
Planning Commission Resolution No. 2014 -XX
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CITY OF DIAMOND BAR
NOTICE OF PUBLIC MEETING
AND AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DIAMOND BAR )
I, Stella Marquez, declare as follows:
On December 9, 2014, the Diamond Bar Planning Commission will hold a Regular
Meeting at 7:00 p.m., at City Hall, Windmill Community Room, 21810 Copley Drive,
Diamond Bar, California.
I am employed by the City of Diamond Bar. On December 4, 2014, a copy of the
Planning Commission Agenda was posted at the following locations:
South Coast Quality Management
District Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Diamond Bar Library
21800 Copley Drive
Diamond Bar, CA 91765
Heritage Park
2900 Brea Canyon Road
Diamond Bar, CA 91765
I declare under penalty of perjury that the foregoing is true and correct.
Executed on December 4, 2014, at Diamond Bar, California.
S a Marquez
Community Development Department
CDAzstelMaI idavitposting.doe