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02/11/2003
February 11, 2003 7-000 P.M. South Coast Air Quality Management District Auditoria 21 865 East Copley Drive Diamond Bar, CA Copies of staff reports or other written documentation relating to agenda items are on file in the Planning Division of the Dept. of Community & Development Services, located at 29925 E. Copley Drive, and are available for public inspection. If you have questions regarding an agenda item, please call (909) 396-5676 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 9990, the City of Diamond Dar 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 Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Auditorium x • encourages youto +• the same City of Diamond Bar Planning Commission 1Ua:1 " 1 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. Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community and Development Services Department. Agendas are available 72 hours prior to the meeting at City Hall and the public library, and may be accessed by personal computer at the number below. Every meeting of the Planning Commission is recorded on cassette tapes and duplicate tapes are available for a nominal charge. A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 396-5676 between 7:30 a.m. and 5:30 p.m., Monday through Thursday, and 7:30 a.m. and 4:30 p.m., Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Commission, Cassette Tapes of Meetings (909) 396-5676 Computer Access to Agendas (909) 860 -LINE General Agendas (909) 396-5676 email: info@ci.diamond-bar.ca.us CALL TO ORDER: 7:00 p.m. PLEDGE OF ALLEGIANCE: 1. ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice -Chairman Steve Tye, Steve Nelson, Dan Nolan, and Jack Tanaka W111 • 111�11111ifil In[M-1111111 MY A oil 11111=1 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: January 28, 2003 5.1 Development Review 2002-07, Conditional Use Permit N Tentative P No. 26771 - The proposed project is a request for approval of a Development Review, Conditional Use Permit, and Tentative Parcel Map. This would allow for the construction of a retail/commercial shopping center consisting of a three-story hotel, two freestanding restaurants, and two office/retail building pads totaling approximately 70,370 square feet of gross building area. The proposed development will be located on an approximate 6.50 gross acre site. (Public Hearing closed on December 10, 2002) Project Address: 850 Brea Canyon Roal Diamond Bar, CA 917EN February 11, 2003 Page 2 PLANNING COMMISSION .3 Louis Marcellin Applicant: Phil Williams (Extended Stay America' 2525 Cherry Avenue, #310 Signal Hill, CA 90806 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, a Mitigated Negative Declaration was prepared and is available for review at City of Diamond Bar Community and Developmen) Services Department/Planning Division during regular business hours. Comments regarding the Mitigated Negative Declaration were accepted until October 22, 2002. Recommendation: Staff recommends that the Planning Commission continue discussions regarding Development Review No. 2002-07, Conditional Use Permit No. 2002-05, and Tentative Parcel Map No. 26771 to February 25, 2003, pursuant to applicant's request to allow them further time to provide revised plans. 7.1 Development Review 2002-33 Minor Conditional Use Permit 2002-05, Minor Variance 2002-09 and We-ePermit 2002-03 - Pursuant to Chapters 22.48, 22.56, 22.52 and 22.38 of the City of Diamond Bar Development Code the applicant has requested approval of plans to construct a three-story single family dwelling with a combined gross floor area of approximately 11,124 square feet (including porches, balconies, covered patios and a 4 -car garage). The proposed project will be developed on an existing vacant 62,726 square foot (1.44 acres) R-1 40,000 zoned lot that has a consistent underlying General Plan Land Use designation of Rural Residential. The development also includes a pool/spa, tennis court and detached gazebo. Additionally, the applicant requests approval of a Minor Conditional Use Permit to allow for nine (9) foot high tennis court fencing, a Minor Variance to permit eight feet high retaining walls, and a Tree Permit to remove and replace a protected tree species. Page _ I r rj zz n � • �_..,. Applicant: JN Design Z• Associates 10181 Westminister Ave, Garden Grove, CA. Environmental Determination: This project has been reviewed fo[ compliance _ CaliforniaEnvironmentalQualityAct A Based on assessment,that determined _ project Exempt under Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure) of the State CEQA Guidelines. No further emvironmental assessment necessary. Recommendation: ,et toai the Planning Commission approve Development Revi- 112-33, Minor Conditional2002-05, Minor Variance 2002-09 • Tree Permit 2002-03, Findingsconditions of zpproval as listed within the'resolution. 7.2 Conditional Use Permit No. 2002-19 - Pursuant to Code Sections 22.58., 22.42.035 • 22.10.030 Table project is a request•. computer services•.. • center in an g shopping center.• i Projectuter services/gaming center is defined as a business establishment that provides the space, equipment and technology to make fast, multi -player PC games and high speed computers available to patrons for a fee.' Address: 23499 Golden• •y Drive Diamond itr A 9 • Property Owner: ®BV Star, LLC PO Sox 5156 Diamond Bar, CA 91765 Applicant: L141 4-1 Page 4 PLANNING COMMISSION Environmental Determination: Pursuant to the provisions of the Californ Environmental Quality Act (CEQA), Section 15303 (c), the City has determin that this project is categorically exempt. I Recommendation: Staff recommends that the Planning Commission approve. Conditional Use Permit No. 2002-19, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.3 Conditional Use Permit No. 2002-15/Minor Variance No. 2002-10 (pursuanr.i to Code Sections 22.58, 22.52, 22.42-035 and 22.10.030 -Table 2-5) is request to allow a computer services/gaming center in an existing shopping center. A computer services/gaming center is defined as a business establishment that provides the space, equipment and technology to make fast, multi -player PC games and high speed computers available to patrons for a fee. A Minor Variance is requested to reduce the number of required off-street parking spaces. Project Address: 1119-1123 Brea Canyon Road Diamond Bar, CA 91765 Property Owner: Lakeview Village Corporation 12901 Harbor Boulevard, #A-5 Garden Grove, CA 92840 Applicant: Jerry Pao 18046 Amargoso Street Rowland Heights, CA 91748 Environmental Determination: The City has determined that the proposed troject is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15303(c). Recommendation: Staff recommends that the Planning Commission open the Public Hearing, receive testimony, discuss the project, and continue Conditional Use Permit No. 2002-15/Minor Variance No. 2002-10 to a future date to allow the Applicant time to submit a Shared Parking Study based on a Saturday. February 11, 2003 Page 5 PLANNJ'NG"tZMMISSION CITY COUNCIL MEETING Tuesday, February 18, 2003 AQMD/Govt. Center Auditorium 21865 E. Copley Drive I Tuesday, February 25, 2003 — 6:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive Tuesday, February 25, 2003 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive JOINT MEETING OF THE Thursday, February 13, 2003 CITY COUNCIL AND TRAFFIC AQMD/Govt. Center Room CC -8, AND TRANSPORTATION 21865 E. Copley Drive COMMISSION: aTRAFFIC AND TRANSPORTATION a=j "gal w W.- I all I A•0 Fang lzm Thursday, February 13, 2003p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive Thursday, February 27, 2003 — 7:00 p.m. AQMD/Govt. Center Hearing Board Room 21865 E. Copley Drive Fil on n d I'S rea r �dy fo � Nanning I MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING OO JANUARY 28, 2003 Chairman Ruzicka called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Par, California 91765. Commissioner Tanaka led the pledge of allegiance. [NEom-IT it"1A Present: Chairman Joe Ruzicka, Vice Chairman Steve Tye, and Commissioners Steve Nelson, Dan Nolan, and Jack Tanaka. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Lorena Godinez, Planning Intern, Stella Marquez, Administrative Assistant, David Meyer, LDM Associates. 2e MA'T'TERS FROM THEAUDIENCE/PUBLIC COM NTS: None Offered. 3. APPROVAL OF AGENDA: Chair/Ruzicka recommended amending the agenda to the following order: Item 7.3, followed by 7.2, 7.1 and 5.1 respectively. The Commission concurred with Chair/Ruzicka's recommendation. Filliffif III Jill 111111111111111]11 IIIIIIIIIIIIII'l MANTIA-U-1 IN C/Nolan moved, C/Tanaka seconded, to approve the Regular Meeting minutes of December 10, 2002, as presented. Without objection, the motion was so ordered. 7> PUBLIC HEARING(S): 7.3 Development Review No. 2002®35 (pursuant to Code Section 22.48.020.A.) is a request to construct a two-story single family residence of approximately 12,127 gross square feet including balconies, porch, patio porte cochere, attached four -car garage, and a side yard retaining wall with maximum exposed height of six feet. 3079 Windmill Drive (Lot 3 of Tract No. 50314) Diamond Far, CA 91765 Windmill Estates, LLC 3480 Torrance Boulevard #300 Torrance, CA 90503 PI/Godinez presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-35, Findings of Fact, and conditions of approval as listed within the resolution. Richard Gould, applicant, said he read staff's report and concurs with the conditions of approval. Chair/Ruzicka opened the public hearing. There being no one who wished to speak on this matter, Chair/Ruzicka closed the public hearing. C/Nolan moved, VC/Tye seconded, to approve Development Review No. 2002-35, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, VC/Tye, Nelson, Tanaka, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2002-25g Minor Conditional Use Permit No 2002-16 and Tree Permit No. 2003-01 (pursuant to Code Sections 22.38, 22.48, 22.56, and 22.68) is a requestto remodel and add approximately 6,446 square feet to an existing 3,392 square feet single family residence with a total of five -car garage, site retaining walls with a maximum exposed height of seven (7) feet, and swimming pool. Additionally, the applicant requests approval of a Minor Conditional Use Permit to allow for the continuation of a legal nonconforming 22 foot front yard setback and Tree Permit for the removal and replacement of preserved/protected trees. PROJECT ADDRESS: 2601 Wagon Train Lane (Los 49, Tract No. 30578) Diamond Bar, CA 91765 JANUARY 28,2003 Page 3 PLANNING COMMISSION PROPERTY OWNER: Karambir Fhullar 314 N. San Dimas Avenue San Dimas, CA 91773 APPLICANT: S & W Development 20272 Carrey Road Walnut, CA 91759 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-25, Minor Conditional Use Permit No. 2002-16 and Tree Permit No. 2003-01, Findings of Fact, and conditions of approval as listed within the resolution. Chair/Ruzicka opened the public hearing. There being no one present who wished to speak on this matter, Chair/Ruzicka closed the public hearing. C/Nelson moved, C/Tanaka seconded to approve Development Review No. 2002-25, Minor Conditional Use Permit No. 2002-16 and Tree Permit No. 2003-01, Findings of Fact, and conditions of approval as listed within the resolution with staff's modifications regarding defining the tree species. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Tanaka, Nolan, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 701 Conditional Use Permit No. 2002-08, Variance No. 2002-03, and Mitigated Negative Declaration No. 2002-09 Pursuant to Chapters 22.55 and 22.54 of the City of Diamond Bar Development Code the applicant has requested approval of a Conditional Use Permit to use an existing approximate 20,140 square foot vacant building for a church. Additionally, the proposal requests approval of a Variance to permit less than the minimum number of required onsite parking spaces for a church use. The subject building is situated on a 40,750 square foot lot that is located in the Commercial -Manufacturing (CM) zone with a consistent underlying General Plan Land Use designation of Commercial/Office (Maximum 1.0 F.A.R.) JANUARY 2S, 2003 Page 4 PLANNING COMMISSION PROJECT ADDRESS: 23425 Sunset Crossing Road (APN 5706-001-005) Diamond Ear, CA 91765 PROPERTY OWNER: Diamond Ear Properties 9454 Wilshire Boulevard, Suite 602 Beverly Bills, CA 90212 APPLICANT: Global Mission Church 3032 Hacienda Boulevard Hacienda Heights, CA 91745 PC/Meyer presented staff's report. Staff recommends that the Planning Commission receive staff's report, open the public hearing, continue the public hearing to February 11, 2003, and direct staff to prepare a resolution approving the project. Mark Novak, applicant's attorney, 16633 Ventura Boulevard, Suite 1200, Encino, thanked the Commission for their consideration in this matter. He explained that when Global Mission Church considered this site, it knew that parking would be a concern to the City. Because the Church entered into a reciprocal parking agreement with the northerly property owner in advance of seeking approval for the project, staff has recommended approval. Assuming a 15 percent growth in membership, it would take eight years for the congregation to exceed the current available parking. If the church grows out of its parking, it would add services so that on -street parking would never be necessary. Additionally, all parishioners will receive advance notice of no on -street parking and volunteer patrol will monitor for compliance. To that end, the church has offered a $ 10,000 bond to insure these conditions. Mr. Novak pointed out that 27 of the 60 families who are members of the church reside in Diamond Bar. C/Nelson asked Mr. Novak how much time elapses between the two Sunday morning services. Mr. Novak responded to C/Nelson that there is one and one-quarter hour between the two Sunday morning services (5:45 a.m. to 9:45 a.m.). The third service is at 5:00 p.m. C/Tanaka asked Mr. Novak to explain his conflicting statement that there is only one service and that the Church would grow into two services, and a later statement that there are two services. Page 5 PLANNING i;, t r C O O Mr. Novak explained that there is one major service at 11:00 a.m. The 8:45 a.m. service accommodates 30 families only. Mr. Novak confirmed that the onsite parking is 49 spaces and the reciprocal parking adds 140 spaces for a total of 189 parking spaces. Grace Ku, 20847 E. Cliffside Lane, thanked the Commission for the opportunity to speak on this project. She and her family have resided in Diamond Ear for many years and would welcome the opportunity to attend her church locally. Currently, services are held at Wilson High School and her congregation has longed for a local church to further assist in the spiritual education of their children. She thanked staff for their participation. Chair/Ruzicka opened the public hearing. Charlie Koeller, Pastor of Beach Cities Community Church, Huntington Beach, stated that a few years ago his church purchased an LA Fitness building from the same seller who is working with Global Mission Church. His church went through a similar process and was granted a CUP. After a minor remodeling program, the facility opened about a year and a half ago. His church supports about 400 families. Three services are offered on Sunday morning at 8:00 a.m., 9:30 a.m. and 11:00 a.m. Similar to the Global Mission Church proposal, his church is adjacent to a retail center and they share parking. The retail center has 60 stalls and his church has 55 onsite stalls, for a total of 115 parking stalls. His church has not received one complaint from any resident or commercial use facility. In fact, during the week, adjacent residents use the church parking lot and it does not create a problem for the church. He felt the proposed use would be compatible with the property. Ralph Cutruzzola, 19834 E. Navilla Place, Covina, currently serving as Assistant Principal of Glen A. Wilson High School, Hacienda Heights. Global Mission located at the high school about six years ago with a small group to begin a church. The school provided use of six classrooms, the little theater, ASB Room, den, and faculty and staff room, that the church has used on a weekly basis for the past six years. In spite of active use of the high school, there has never been a finer tenant. No complaints including those related to parking have been forthcoming from the adjacent residents or from the administration and staff. In addition, the members have supported the high school in time of need. ry PLANNING ES u O Cassandra MacInnis, 23427 Pleasant Meadow, speaking on behalf of her rental property at 23430 Sunset Crossing Road, was concerned about the steep two-lane road bordering the property. She felt that human nature would dictate street parking likely on both sides of the street because it was closer to the church than the parking lot. If vehicles are parked on the street, they will undoubtedly make unsafe U-turns. She said she represented the condo association members who were very concerned and worried. She understood the church would try its best to control the situation. She felt that perhaps they could find a better location. The City should consider the safety of the residents. Steve Kaderli, 23430 Sunset Crossing A, said there were already problems with parking at the center. He took exception to portions of the Conditional Use Permit application. He felt the applicant had not properly represented himself even though the Commission had the information available in writing. When people park on both sides of Sunset Crossing Road the travel lanes become very narrow and dangerous. Leo Cho, 5520 S. Wilton Place, Los Angeles, agent for the applicant, stated that this has been a long process beginning in 2001. The church has absolute faith that it will be a good citizen. It would actually be less convenient for parishioners to park on Sunset Crossing Road because of the street's steep incline. The parking lot is flatter and has direct access to the church building and would be much more convenient. He also stated that the number of 350 is the maximum capacity of the building. Current church membership is about 60 families. Projecting 50 percent annual growth it would take about eight years to reach maximum capacity. He felt the parking issue had been adequately addressed and mitigated. Brian Fang, 24161 High Knob Road, was pleased that the City was exploring the possibility of Global Mission Church locating in Diamond Bar. There are many Asian -Americans and Koreans living in Diamond Bar and there are no adequate churches or facilities that would accommodate this church. He felt the church would bring a lot of good to the City. He felt the church had done its due diligence to meet current and future parking needs and did not feel there would be a problem. They have done their best and more to accommodate the City's code. He asked the Commission to consider granting the Permit for the good of the City. Fernando Robles, 23360 Sunset Crossing Road, has lived in his neighborhood for 20 years and witnessed parking problems created by LA Fitness patrons. He agreed with a prior speaker that there were inconsistencies in the numbers of patrons and the related number of parking spaces that would be required. As a result, he believed the church members would overflow into the public parking. He felt the church would do their best to regulate the parking but he was not sure they would be able to control JANUARY . C . k00 . Page 7 PLANNING COMMISSION the situation. The report also states that the church will hold bazaars and fairs so the project is not being explained correctly or they are deviating from the report. He showed photographs of the scene. He has a problem with the commercial center across the street from his residence. Patrons park on the street or wherever it is more convenient to them. He recommended the church not be granted the permit. Lee Kemble, 23637 Bower Cascade Place, lives north of the proposed site. He represents the board for the community north of Navajo Springs Road. This building is an eyesore for the community and pulls down values in the City. This building continues to dilapidate over time. He was opposed to the parking because there is a possibility the vehicles would flow into the street. He was more concerned about the look of the building and felt that if it remained empty it would continue to deteriorate. Mr. Novak clarified the facts and numbers in the application and pointed out an error in the number of projected church attendees. He explained how the representations are not inconsistent. A resident living at 3408 Falcon Ridge Road, attends the 8:45 a.m. Global Mission Church service. She explained how the traffic comes and goes at different times because of choir members arriving early and people staying after services for small group meetings. Church members have been very responsive to the concerns of the neighbors and have abided by instructions from their senior pastor. It would be in the best interest of the congregation to abide by the City's regulations and members would stand faithful to the parking rules. Chair/Ruzicka closed the public hearing. C/Nolan agreed that the current state of the property was not good. He asked if an ingress/egress could be cut through the retaining wall giving access via Diamond Bar Boulevard. DCM/DeStefano explained that the property is accessed by a private alley emanating from Diamond Bar Boulevard and Sunset Crossing, a private alley on Diamond Bar Boulevard between Boulevard Bagels and the Diamond Bar Auto Sales and Service building. Another private alley extends to the glass box office building that allows additional driveway access to the facility. JANUARY i 0 0 „,. PLANNING COMMISSION C/Nolan pointed to the northeasterly corner of the LA Fitness building and the pathway between the supplemental parking area. Is there a way to open that area so that the parking could go through from the old LA Fitness building past the fast food restaurants and enjoy the same ingress/egress as the supplemental parking building. DCM/DeStefano indicated that the parking lot supporting the building has one way in and one way out. A wall separates two parking lots and there is a slight change in grade between the two parking lots. Pedestrians can walk through in the current configuration, vehicles cannot. In conversations with the applicant and their representative yesterday morning, he learned that it is the applicant's desire to create an opening (pointing to an overhead of the area.) Near the door on the first floor there is an opportunity to open the wall and create a pathway between the two parking lots with vehicles in the area suggested by C/Nolan. If he understands the applicant's wish correctly, it would be added as a condition recommended for the Commission's approval. C/Nolan asked if red curbing on Sunset Crossing Road would help mitigate safety concerns. DCM/DeStefano explained that the issue of red curbing on Sunset Crossing Road is a double-edged sword. The condominiums were not developed to current code standards for parking. As a result, there is insufficient parking for the complex and residents must use the public street for parking. Strategically placed red curbing could help with site visibility and safety concerns. However, the City must exercise caution that the measure improves safety and does not diminish the ability for area residents to park on the street. C/Nolan asked if the reciprocal parking agreement could be amended to stipulate that the City be notified in the event that there is a change to the agreement. DCM/DeStefano explained that if the Planning Commission approves the project, staff would insure the City Attorney's satisfaction with the agreement. C/Nolan appreciated the enthusiasm of the applicant's speakers. He felt assured that if the project was approved the church would improve the aesthetics of the property. VC/Tye said that when he belonged to LA Fitness 23 years ago, parking was a disaster and parking is a serious issue. In addition, he is a member of a church that did battle to provide additional on-site parking that required development of the property. In spite of those improvements, his church members continue to park on the street. The Commission recently approved a project at Lemon Avenue and JANUARY „i ,2003 Page 9 PLANNING COMMISSION Lycoming Street. The two dissenting voters were concerned that parking was deficient by 10 percent (five parking spots). The project under consideration is deficient by 50 percent. This location is correctly zoned for a church and it is still a neighborhood. The residents have to live with the results of any project that is approved for the area. He believed the Commission must be very sensitive to safety concerns. The growth of St. Denis Church, for instance, has created the need for a traffic signal at Silver Hawk Drive. While he sincerely appreciates the Global .Mission Church's interest in Diamond Bar, he believed it would be better to consider an alternative location for that use. C/Nelson pointed out reasons he believed that VC/Tye's examples were not at all similar to this project. He wanted to have more input about the neighbors concerns. The only vehicles he saw in the photograph of Sunset Crossing Road were on the condominium side. Do the residents want to be able to park on both sides of the street and do they believe the church would interfere with their ability to do so. DCM/DeStefano said that on that on both sides of the street, the public parking spaces that are afforded residents and their visitors are usually parked with vehicles owned by residents of the complex. During peak morning and evening parking hours, one would likely observe that all of the street parking was taken. C/Nelson pointed out that LA Fitness did not have a reciprocal parking agreement. He surmised that most visitors to LA Fitness were individuals and not families in automobiles visiting the facility. DCM/DeStefano agreed that the ratio of persons per vehicle would be lower for a fitness facility than it would be for a church use. C/Nelson had a high level of confidence that the project could work. People drive erratically from time to time and he was not certain that the residents would not do the same thing. He felt that an increase in "no parking zones" would increase safety and some amount of parking on the street for residents would be advisable. He believed in self -policing. Other than staff's recommendations for increased safety on Sunset Crossing Road, he felt confident that the project was feasible. His remaining concern was about safety issues. DCM/DeStefano believed that staff addressed some of the safety issues. If the Planning Commission directed staff to move forward additional information would be requested of the City's traffic engineer and public works director. JANUARY 28,2003 Page 10 PLANNING COMMISSION Chair/Ruzicka wondered whether if the Commission denied this project, would it be faced with the possibility of tenants who would bring worse traffic and parking concerns to the property. The applicant has made several concessions to insure that safety, parking and other issues are mitigated and have even offered a $10,000 bond to the City. DCM/DeStefano responded that the City's code allows for a Iona list of permissible uses, some by right, such as a real estate office. Offices and retail uses are permitted by right. Other uses require conditional use permits like this land use that would be considered by the Planning Commission. Certain retail uses may generate other parking issues. There are uses that may be worse than this type of use such as high impact parking generators that have daylight business hours. There are uses that may be less of an impact. The building is situated in a very difficult location and it is difficult to say whether anyone else would be interested in such a building and if so, would they be able to secure a parking agreement with an adjacent property owner. C/Nelson moved to continue this matter to February 11, 2003, and requested staff to offer recommendations on how to implement measures on Sunset Crossing Road that would insure the greatest degree of safety possible, including red curbing, while balancing the needs of the residents for on -street parking. Additionally, staff should meet with the residents to address their concerns and reach consensus. DCM/DeStefano restated the motion: reopen the public hearing and continue the matter to February 11, 2003, to allow for the opportunity to work with other staff members regarding traffic safety measures that might be appropriate for this stretch of Sunset Crossing Road (in response to comments expressed this evening.) In addition, staff is directed to create an opportunity for staff and church members to meet with area residents (principally those who have spoken this evening) to further discuss the areas of concern in a more casual atmosphere. VC/Tye asked that the motion include providing information about the possibility of access from the other parking area, removal of the handicap ramp and how many parking spaces would be lost as a result. DCM/DeStefano asked that the matter be continued to February 25, instead of February 11. C/Nelson accepted the aforementioned amendments to his motion. C/Nolan seconded the motion. JANUARY 28, 2003 Page 11 PLANNING COMMISSION Mr. Novak agreed to the February 25 continuance date. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None CESS: Chair/Ruzicka recessed the meeting at 9:00 p.m. CONVENE: Chair/Ruzicka reconvened the meeting at 9:05 p.m. 5.1 General Plan Amendment No. 2002-01, Zone Change No. 2cilic Plan No. 2002-01, Development Review No. 2002-07, Conditional Use Permit No. 2002-05, Tentative Parcel Map No. 26771, and Mitigated Negative Declaration No. 2002-07 - The proposed project is a request for approval of a General Plan Amendment, Zone Change, Specific Plan, Development Review, Conditional use Permit, Tentative Parcel Map and Mitigated Negative Declaration of Environmental Impact. This would allow for the construction of a retail/commercial shopping center consisting of a three-story hotel, two freestanding restaurants, and two office/retail building pads totaling approximately 70,370 square feet of gross building area. The proposed development will be located on an approximately 6.50 gross acre site. (Public Hearing closed on December 10, 2002) PROJECT ADDRESS: 850 Brea Canyon Road Diamond Bar, CA 91765 PROPERTY OWNER: Louis Marcellin 20326 Fuerte Drive Walnut, CA 91789 APPLICANT: Phil Williams (Extended Stay America) 2525 Cherry Avenue #310 Signal Hill, CA 90806 JANUARY 28,2003 Page 12 PLANNING COMMISSION PC/Meyer presented staff's report. Staff recommends that the Planning Commission adopt resolutions recommending City Council approval of General Plan Amendment No. 2002-01, Zone Change No. 2002-01, Specific Plan No. 2002-01 and continue deliberation of Development Review No. 2002-07, Conditional Use Permit No. 2002-05, Tentative Parcel Map No. 26771, and direct staff to prepare the appropriate resolutions for final consideration. DCM/DeStefano stated that in response to concerns about truck parking and site safety voiced by residents during prior hearings, the area has been monitored by law enforcement. As a result of staff's continued review, additional red curbing was added in front of farmer Boys and in front of the gas station on the Lycoming side. C/Nelson asked for clarification on his request for points of reference. He doesn't know what a foot-candle looks like. If the darkest areas of the diagram indicate there will be no increase in ambient light levels then he is satisfied. If there is an increase anticipated, he needs to understand what that is in the form of a qualitative response. His concern about noise was what would be generated from the project (trash trucks, engines starting, etc.,) not from traffic coming off of the freeway. He wanted to be certain that the residents adjacent to the project would not feel they were sleeping in the middle of a parking lot. He asked for a qualitative response, not an answer in decibels. Al Ariz, project director, thought the problems had been addressed. He said he would continue to work with PC/Meyer in an effort to bring forth the information in the manner requested by the Commission and staff. VC/Tye visited the Extended Stay facility in San Dimas. He asked how difficult it would be to mimic the exterior of that facility as opposed to the exterior proposed for the Diamond Bar facility. Phil Williams responded that certain elements of the San Dimas design could be incorporated. However, this three-story project has a height restriction that would not accommodate the California look. The project is forced to incorporate a flat roof design. He offered to provide photos of a similar project located at Framer and LaSalle just south of Diamond Bar city limits. The height of the ridge would be 45 to 48 feet. Chair/Ruzicka felt that more information regarding traffic, the ingress/egress, turning lanes, stacking lanes, etc., must be forthcoming. JANUARY i Page 13 PLANNING VC/Tye moved, C/Nolan seconded, to recommend City Council approval of Mitigated Negative Declaration No. 2002-07, General Plan Amendment No. 2002-01, Zone Change No. 2002-01 and Specific Plan No. 2002-01 amending the Land Use Element from Professional Office to General Commercial change of zone from M -1 -PD -BE to C-2SP and adoption of a Specific Plan to implement a comprehensive development for property located at 850 Brea Canyon Road. Lotion carried by the following Roll Call vote: AWES: COMMISSIONERS: Nelson, Nolan, Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None C/Tanaka moved, C/Nelson seconded, to continue review of the Tentative Parcel Map No. 26771, Conditional Use Permit No. 2002-05 and Architectural Review portions of this element to the meeting of February 11, 2003. Staff is directed to provide responses to concerns identified in earlier deliberation and to prepare resolutions of approval. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 6. NEW BUSINESS: • 0 •U COMMISSIONERS: COMMISSIONERS: None VC/Tye, Nelson, Nolan, Tanaka, Chair/Ruzicka None None None Offered 10. INFORMATIONAL ITEMS: DCM/DeStefano asked Commissioners to advise staff immediately about their intentions to attend the March 20 through 22, 2003, Planners Institute. Staff provided Commissioners with a quarterly report of sales tax receipts. The city attorney provided a brief memo regarding conflict of interest requirements. Also provided to the Commission was information received on Friday from Senator Marquette regarding state budget issues. DCM/DeStefano responded to Chair/Ruzicka that he believed the purpose of the collection of waste as listed on the schedule of events was an effort toward recycling as opposed to discarding them in the general waste stream. He did not know how often it would take place. He expected that within the next 45 days the Commission would receive a report about changes to the Development Code and property enforcement measures. The City recently hired a prosecutor who has made several changes to eliminate duplications and JANUARY 28,2003 Page 14 PLANNING COMMISSION contradictions as well as, tighten up requirements. That matter is currently with a subcommittee of the City Council and will likely come to the Commission in a separate freestanding code amendment process. As presented in the agenda. There being no further business to come before the Planning Commission, Chairman Ruzicka adjourned the meeting at 9:45 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Chairman Joe Ruzicka . .. � .».$�k`.■.\ W ^- « <�■•<:.�y<- <:<»<•,-w »<� ,♦«»�� 1 »: . .. . Division Planning �._ TO: _ -rm »n and Members of .Planning 2 Commission ?f # 2; � :< ■!«:�%^■ $�,2.. . ., »■^ MEETING ..z < 2 z v �5 �*,��� < �� �■■< DATE; . Conditional «1*�«^« k■'■.■ °-■ „- ®*?$■?-■ .S! ¥«*cc«,.�© � ., . . .. _ Permit 2002-05, and Tentative Parcel 2, ., �. At its last ■. meeting on January ?| continue discussions regarding this ,■f» Applicant■ .■ that this project a- --- further time produce revised plans. a.�� .. ■fc#y y±2+12«2; ?■$§ the Planning Commission mof,, tt■ February 11, \$$§ - continued to February ?§ 2003, to allow Staff� recommends ..... . Planning Commission cont.i discussions .,■ # Development Review No2002-07, Conditional Permit No. ?■■?■° and --k: ParcelMa No.■ February 25?■a° pursuant «,applicant's request to allow ihem further time ., provide - ■ plans. AGENDA ITEM NUMBER: 1711 REPORT DATE: a MEETING DATE: February CASE/FILE NUMBER: Development Review No. 2002-33, Minor Conditional Use Permit No. 2002-05, Minor Variance No. 2002-09 and Tree Permit No. 2002-03. APPLICATION T: To construct a three-story single-family dwelling with a combined gross floor area of approximately 11,124 square feet (including porches, balconies, covered patios and a 4 - car garage). The development also includes a pool/spa, tennis court and detached gazebo. Additionally, the applicant requests approval of a Minor Conditional Use Permit to allow for nine (9) foot high tennis court fencing, a Minor Variance to permit eight feet high retaining walls, and a Tree Permit to remove and replace a protected tree species. PROJECT LCATI N: 22909 Ridgeline Road (APN 3713-005-006) PROPERTY OWNERS: Chuck and Loann Nguyen 24144 Benfield Place Diamond Bar, CA 91765 APPLICANT: JN Design and Associates 10131 Westminister Avenue, Suite 213 Garden Grove, CA 92343 O3 0fil 11217 F1 III 101k Of ftULdL;IIIVI garage, ana patio and balcony areas). covered As previously stated, the applicant is also seeking Minor Conditional Use Permit to allow • 9 -foot ennis court fence, feet,high retaining walls. 'Properties zoned R-1 40,000 permits a maximum fence height of 6 o foot high retaining f applicant " approval of a Tree Permit to remove severalexisting •.•._..-• mature Section 22.44.020 identifies the Hearing Officer, whom is designated by the Deputy City Manager, as the final decision -maker on a MCUP, MV and TP application. However, when 0 Rear setback 25' 360'+ Yes Building Height Limit 35' (maximum) 35' Yes Hillside Development As required by Chapter Preserve the existing 22.22 (Hillside Management) topography Yes Install ornamental plant Landscaping As required by Chapter material and stabilize Yes 22.24 (Landscaping) and preserve the sloping to ora h Retaining Walls (height) 7 feet (maximum) E feet No (') Tennis Court Fencing 6 feet (maximum height) 9 feet No (**) Accessory Structures 10 feet from side 10 &15 from side Setbacks: Tennis Court — property lines in 25 feet from property lines & 70 feet from rear property line Yes rear properly line Pool/Spa — 5 feet. from any properly line 70 feet plus from side Yes property lines Gazebo - 5 feet from any property line 15 feet plus from side property lines Yes Parking 2 in fully enclosed garage 4 in fully enclosed Yes garage Lot Coverage 30% 10% Yes winiui vaiianue suugnt to deviate Trom the maximum permitted height. °* Minor Conditional Use Permit proposed to exceed the maximum height requirement. illustratedAs in the above chart, t or -'f - •i •• -• _ - - - _ mum height limit for a tennis court fence, and maximum height of a retaining wall. However, as previously m- • - the applicant:approval of a MinConditional e Permit r • ., .- • - -• h . _ - .. allowable heig•fie instances. The City's Design Guidelines have been established to encourage a better compatibl"C-0 minimize any potential negative impacts. In this case, the proposed project is a singli family residence to be located among other single-family homes of comparable size. I The architectural style could be described as eclectic Spanish'• r i smooththe use of a variety of building materials for interest to include: mission clay tile ro ! r• • • • !columns,•. ^ balcony features, and "French" style windows and doors. The material/color boa • . • ^i ri'_ it e• .;t i ! • r Rr • ?.ssist in preserving .h naturalhillside'sr, value. 11 111 ii 010HON141,1"M -Mani 1, encompassF 7071 737, "Tale iFet 514 MIRMNIF AW area alve- ib ae,317, the primary living •.family room,kitchen, •• diningroom, 2bedroom _ 2 baths, computer room and a 4 car garage). The 2,390 square foot second flo accommodates the main sleeping areas to include a master bedroom and attached bat and 4 additional bedrooms each with an attached bathroom. Lastly, the basement contai approximately 1,207 square feet encompassing a sizable bathroom with showers, stora, room and terrace area. A pool/spa and tennis court is proposed to be located on the nol of the .. •d . to complete and record a "Covenant and Agreement to Maintain a Single Fami Residence" on a form to be provided by the City. The covenant must be completed a recorded • Angeles r- County's• !Office prior • • r issuance of building permit. The preliminary grading plan indicates that there will be a total of approximately 4,7' cubic yards of cut and 3,430 cubic yards of fill (building and tennis court area) needed adequately grade the site. As part of this project's conditions of approval, the applicant be required to submit a finalgrading • • soils reportfor - i • •Building Division review and approval. Additionally, the drainage patterns and technishall be reviewed and approved by the Public Works Division prior to any permit issusurface water shall drain away from the building at a 2% minimum slope. Section 22.20.010 establishesrequirements • fences • walls to that these ensure elements •• not block views,provide •-• - buffering between r • uses, • are designed to provide aesthetic enhancement of the City. The maximum exposed height of a retaining wall is limited to seven (7) feet. Additionally, the City's Hillside Management Ordinance (Chapter 22) encourages the terracing of retaining walls to break up mass and allow for more appropriately suited landscaping for screening. The submitted design proposes sev- - i walls along the southerly•- of " tennis court maintain a maximum exposed height of 8 feet. The applicant is seeking approval of a Minor Variance (MV) to deviate from the maximum permitted height. The MV request is discussed later in the staff report. Additionally, retaining walls are proposed in the rear yard to create the pad for the swimming pool/spa and terrace. These retaining walls vary in exposed • from two to eight feet. 0 standards; provide for quality site design, layout and architecture; and promote a rational •^ •-. adjacent •'••tet`: It is staff's opinion that the requested increase in height would not substantially block the view or degrade the light and open space area of the adjacent developments. Additionally, given the property sloping topography, the 9 -foot high tennis court fence would not compromise or diminish the intent of the Code to provide adequate buffering and screening of outdoor uses. Therefore, staff is of the belief that the slight deviation, in this case, would not be detrimental to the public health, safety or welfare of the community nor would it dispel the goal of the ordinance. The Minor Variance is sought to allow for 8 -foot high retaining walls. Chapter 22.20 of t Diamond Bar Development Code (DBDC) establishes a 7 -foot height limit for retainin walls. However, Section 22.20.090 of the DBDC allows the hearing officer to waive modify the requirements of this Chapter in compliance with the provisions of a Min] Variance. Eight (8) foot high retaining walls may be allowed depending on topographic constraints and the Director's determination (in this case, the Planning Commission decision) that the wall is needed to implement the approved grading Plan/Permit for th subject • As previously mentioned, the height limitation is intended to ensure that walls do not blo views • sunlight, provide adequate buffering between different land uses, provi matchscreening of outdoor uses, and are designed to provide aesthetic enhancement to the Ci It is staff's opinion that the proposed four -tiered 8 -foot high retaining walls to be locat along the south side of the tennis court is reasonable and appropriate to minimize t grading activities to preserve the natural sloping topography. Staff recommends, as, condition of approval, that the exposed retaining wall faces have a decorative finish ^ building • ^ • • be heavily landscaped for added Although the site is void of any structures, there exist eight (8) mature trees (3 ffTR_hW_,a_nd 5, Oak). Based on the applicant's certified arborist report, five of the trees will be removed due to their condition and/or location. As explained in Section 22.38.010 of the DBDC, trees are an important natural resource, contributing to the environment by replenishing oxygen and counteracting air pollution, erosion, . • providing • .• r.. The City's General Plan requires the preservation and maintenance of native trees including native walnuts - • oaks. The intent is to protect . • preserve these trees r • when removal is allowed as a result of new development to require their replacement. VA inch box of designated specimen tree • _.- preserved/protected spSycamore, Oak, California Pepper, Walnut and/or Arroyo Willow. The majority of the trees shall be used along the west property line to protect and enhance the sloping topography. The final landscape/irrigation plans shall delineate the replacement trees. ecies of iloll*. • .. • i ._ I • • 'i ■v Vii.;, s iii i .• Staff has conducted the appropriate environmental analysis in compliance with the requirements of the California Environmental Quality Act (CEQA), and based on that assessment, the City has determined the project to be Categorically Exempt • au Article Guidelines.19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure) of the State CEQA No further environmental .• w - • • a ft,: L" - i ^ • testimony, close the public hearing and adopt the attached Resolution approving Development _ •i 10 • Permit 2002-05, Minor Variance No. �•• • ne construction is a new three-storysingle-family home containing approximately 11, 124 square feet of • • -i gross floori • covered porches, balconies,patios . • a ! garage), ••• •.: 9 foot• ,court fencing, 8 -foot high four -tiered retaining wall along the south side of the tennis court, and removal of 5 mature trees that will be replaced at a 3:1 ratio with minimum 24 -inch box tree species, subject to the execution and/or fulfillment of the conditions specified in the attached y^ • •i The design and layout of the proposed development is consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments); 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards; 0 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmoniousorderly and"" f development. contemplated General Plan, City Design Guidelines, or any applicable specific plan; 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, and color that will remain aesthetically appealing; 5. The proposed project will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and 6. The proposed project has been reviewed in compliance with the provisions of t California Environmental Quality Act (CEQA). I The ir•••_'• use is allowed within the subject zoning district withapprovalof Minor conditional Use Permit and complies with all other applicableprovisions of th Development Code and the MunicipalCode; 3. The design, • ' • and operating • of proposed ' compatible ^ e • and future land uses in the vicinity; I 4. The subject site is physically suitablefor •' and •' of bei • proposed including access, provisions of utilities, compatibility with adjoining la • the absence of physical• 6. The proposed project has been reviewed in compliance with the provisions of t California Environmental Quality Act (CEQA). I 9 2. Granting the Minor Variance is necessary for the preservation and enjoyment substantial property rights possessed by other property owners in the is same vicinii and zoning district and denied to the property owner for which the Minor Varianc is sought; 1 3. Granting the Minor Variance is consistent with the General Plan and any applicable specific plan; 4. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and 5. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). 1. The tree is poorly formed due to stunted growth that its preservation would result in any substantial benefits to the community; 2. The tree interferes with utility services, or streets and highways, either within or outside of the subject property, and no reasonable alternative exists other than removal or pruning of the tree(s); 3. The tree is a potential public health and safety hazard due to it falling and its structural instability cannot be remediated; 4. The tree is a public nuisance by causing damage to improvements, (e.g. building foundations, retaining walls, roadways/driveways, patios, and decks); 5. The tree is host to an organism, which is parasitic to another species of tree, which is in danger of being exterminated by the parasite; 6. The tree belongs to a species, which is known to be a pyrophitic or highly flammable and has been identified as a public safety hazard; and 7. Preservation of the tree is not feasible and would compromise the property's owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replacement/Relocation Standards). im mr..11121111111LOW"1011plill - - 00 1. Draft Resolution of Approval with above (*) Findings; 2. Applications; 3. Arborist Report 4. Site Plan, Floor Plan, Elevation Drawings, concept landscape plan, and grading plan (Exhibit "A", dated February 11, 2003) if draft wwffil� A. The property owner, Chuck and Loann Nguyen, and applicant, JN Design Associates, have filed an application to approve Development Review No. 2002-33, •Conditional Use Permit • 2002-05, Minor- No. 20o2-09 and Tree Permit No. 2002-03 for a property located at 22909 Ridgeline Road, Diamond Bar, CA, in Los Angeles County, and part of the gated development identified as "The Country Estates", as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development• •• • •r Variance,Permit and Categorical Exemption shall be referred to as the "Application". - k_ Inland ribune and the Valley Daily Bulletin on 11 Every property owner within a 500 -foot radiusof • property was sent a noticeof the public • on 1 2003.= total of approximately fifteenproperty hearing.owners were notified. Also, a notice of public hearing display board measuring at least 4 foot by 6 foot was posted at the site, in addition to a notice being posted at three public places for at least ten days prior to the RM NOW, THEREFORE, it is found, determined and resolved by the Planning Commission A. = Planning Commissionhereby all of the facts set forth in the Recitals, Part I of this Resolution are true and correct. The Planning Commission hereby determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Article 19 Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure) of Title 14 of the California Code of Regulations. C. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and evidenceconditioned upon the proposed project set forth in the application, there is no before ! , Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. D. Based upon the findings and conclusions set forth herein, this Planning • • hereby finds as follows: 8713- 005-006), Diamond Bar, CA, within the • • community subject"The Country Estates." The approximately 62,726 slope.square feet (1.44 acres) of gross lot area with a northerly descending natural 2. The • . site has a General .Residential (RR), and a consistent implementing zone of Single - Family Residence -Minimum Lot R-1 40,000. 3. Generally, the - is surrounded to the south, 40,000 zoned property. Property •_. zoned R-3 8,00 draft 41. The application is a request to construct a t • i- dwelling combined gross floor area of approximately 11,124 iuare feet (including porches,balconies,covered patios r • a 4 -car garage). development mi includes detached gazebo. Additionally, the applicant requests approval of a Minor Conditional Use P" • allow for• foot high court fencing, a Minor Variance to permit eight feet high retaining walls,and • -i Permit toremove and replace ♦ protected tree species, one Juglans Californica 1 and four.^ Agrifolia (CoastO. In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission finds that the following findings have been justified and upheld in the affirmative because of the recommended •' i • of approval regarding operating procedures, site and building i • ` - : • on and off-site safety measures: The design and layout of the proposed development is consistent with e General r development standards of the applicable district, design guidelines, and architectural criteria for specialized area (e.g., theme areas, specific plans, community plans, boulevards, or planned developments). the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1 40,000 zone and the City's Hillside Management 2. The design and layout of the proposed development will not interfere with the i and enjoyment of • i• • existing or future development, • will notor pedestrian hazards. r I I i'1 .I - • �., f-...,.. •^ - II .... / III'^1. i 1 i i •' _ •i i A i• II IIA 3. The architectural design of the proposed development is compatible with the characteristics of " surrounding neighborhood and will maintain the harmonious, orderly and attractive development W a M contemplated by Chapter22.48,a General City DesiI Guidelines, applicable specific - plan, 4. The design of proposed •^ provide a desirable environment f•r its occupants and visiting •_b.s well as its neighbors, through good aesthetic - of materials, texthat will remain aesthetically ture, _• The "Eclectic Spanish Mediterranean" design proposes the use of I home's , impact iassist inpreserving value. N 5. The proposed project will not be detrimental to the public health, safety, or welfare or materially injurious (e.g., negative affect or. property vslues or resaleof • 1 1 properties or improvements •;--,. - the Building and Safety Division, Public Works Division, and Fire Department -1 - referenced .- .-,.-I agencies through permitIinspectionprocess ensure - proposed / I ` ct will not be detrimentalI the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the • The proposed project has been reviewed compliance r provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Article 19, Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). Pursuant to Section 22.56.040 of Nanning Commission finds: ,•, The proposed use is allowed within the subject zoning district will EN draft approvalof •r ConditionaUsePermit and complies Municipalother applicable provisions of this Development Code and the •• The.�� of d , �- _ r 4._� _ !f 111 zoning district, _ allows o o . : residences. Section 22.20.090 of the DBDC allows the deviation fro the required fence height limitations provided a Minor Conditional U Permit is approved. The project has been designed to meet or exce the applicable development standards set forth in the Diamond BI DevelopmentCode. proposed2. The use is consistentGeneral applicable spe. c The project site is a vacant single-family residential estate parcel of land located in the developed "County Estates" On July 25, 1995, the City adopted its General Plan, and the proposed project complies with the General Plan land use goals, objectives and strategies. The project has been designed in accordance with the development standards for the R-1 40,000 zone and the City's Hillside Management Ordinance. 3. The design, location, size and operating characteristics of the proposed are • • r • - existing • ! future ! _ in the vicinity. 4. The subject site is physically suitable for the type and density/intensity of being proposed • • access, provision of constraints.compatibility with adjoining land uses, and the absence of physical The approximate 1.44 -acre site is adequate to accommodate th - proposed • 1le- family residence, complianc with the applicable DBDC development standards. The new singl] 9 draft Approval of the Minor Conditional Use Permit would have no impact on these services. 5. Granting the Minor Conditional Use Permit will not be detrimental t# 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 proposed slight increase in fence height will not substantially block the view or degrade the light and open space area of the easterly or westerly adjacent development. Additionally, given the .9,ro!9wrt,v, slo., ing not compromise or diminish the intent of the Code to provide adequate buffering and screening of outdoor uses. Furthermore, the generally accepted and practiced standard American Institute of 1 h Architects, Architectural Graphic Standards, 14 Edition) of 10 feet for tennis court fencing will assist in preventing public and personal property damage from misguided hit balls. Therefore, the project will not will not have a negative impact on the public interest, health, safety or welfare. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The environmental evaluation shows that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CE0A), Article 19, Section 15303 Class 3 (a) (New Construction or Conversion of Small Structure). G. Minor Variance Pursuant to Section 22.52.040 of the Diamond Bar Development Code, Commission finds: There are special circumstances applicable to the property (e.g., location, shape, size, surroundin s t _otWRLr.,,U1 L11115)4A essary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. ENNIM M&W-1AW0111111,2�0 N. draft within ^ general of a comparable size with sloping topography, strict application of the Code in this instance could prevent the site from being developed with a suitable site layout, which maximizes the functionality and efficiency of the building and property while providing for an enhanced ice. - as other properties in the a - wcurrently 2. Granting the Minor Variance is necessary for the preservation are enjoyment of substantial property rights possessed by other prope •.wners in the same vicinity , zoning• denied to tr property owner for which the Minor Variance is sought. the property in a reasonable manner, and would not result in haphazard layout of land use, nor would it lend a haphazard quali or appearance to the surrounding area. Additionally, the propose 3. Granting the Minor Variance is consistent with the General Plan a any applicable s• plan. 1 1 � -. - .I• y i 1 1� - 1I _ 1 1 r would place Iue hardship on the applicant t1 reasonably y _ site in this manner. Furthermore, 1a • on • development sizconfiguration a1 improvements, create I unique physical characteristic as it relates to the Code requiremen the proposal is not contradictory to the intent of the ordinance, an, will still be s g-Usfie4f. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience or welfare of the City. -" 1 y - • - i. of . 0 - • i M utilities. Approval of the Minor Variance would have no impact on these services. 5. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). H. Tree Permit Pursuant to Section 22.38.11 O. the Diamond Bar Development Code, the Planning Commission finds: Preservation of the tree is not feasible and would compromise the property's owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with Section 22.38.130 (Tree Replace me nt/Re location Standards). Given the location of the amenities (e.g. building pad and tennis court) it is necessary to remove the existing five (1 Walnut and 4 Live Oak) native trees. To maintain the trees would place an unreasonable hardship on the applicant to construct a residence with a logical and rational layout that respects the varying topography. However, the trees will be replaced at a 3:1 ratio with a compatible species and a minimum box size of 24 inches. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following conditions: The project shall substantially conform to site plan, floor plans, elevations, concept landscape plan, grading plan and materials/colors board collectively labeled as Exhibit "A" as presented to the Planning Commission on February 11, 2003 and as amended herein. 2. 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 granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, the applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, M transportation, and disposal of solid waste from residential, construction, i industrial areas be the applicant'sobligation to insure that the waste contractor has obtained permits from the City of Diamond Bar to provide such 3. The applicant shall be required to submit a final landscape/irrigation plan for the entire site that delineates the type of planting materials color, size, quantity and location, for review and approval by the City's Planning Division. The plan shall provide for a variety of grasses and ground cover, floweringplants, • shrubs and trees.plan shall include a minimum of fifteen (15) 24 -inch box tree species from the protected/preserved species list of Sycamore, Oak, California Pepper, Walnut and/or Arroyo Willow. The plan shall also delineate the remain three trees — two walnut trees and one oak tree. All landscaping and irrigation shall be installed prior to the issuance of a Certificate •. 4. The remaining oak and walnut trees shall be delineated on the grading plan. Said trees shall be protected pursuant to Development Code Section 22.38.140 — Tree Protection Requirement. The protective chain link fencing shall be installed prior to the issuance of any City permits. Said fencing shall remain until final inspection has occurred by the Planning Division. 6. Maximum height of the residence shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline. 7. - single-family - r •-- shall • • r utilized in ' manner settingcreates adverse effects upon the neighborhood and environmental as.to levels of dust, glare/light, noise, odor,or other similar types of disturbances. Nor shall the project be operated so as to result in significantly adverse effects on public services and resources.single-familyresidence not be used for commercial/institutionalpurposes, otherwise used as -.•r dwelling. The property shall not be used for regular gatherings which result in a nuisance or which create traffic and parking problems in the neighborhood. 8. - owners shall completeand record"Covenantr and Agreement to Maintain a Single Family Residence" on a form to be provided by the City. The covenant shall be completed and recorded with the Los 9 draft Angeles County's Recorder's Office prior to the issuance of a building permit. 9. The exposed faces of the retaining walls shall have a decorative finish to match the building design, and be heavily landscaped for added aesthetics. 10. All construction activity shall be in conformity with the requirements and limitations of the City of Diamond Bar Municipal Code as implemented by the Building and Safety Division. 11. Before construction begins, the applicant shall install tempora construction fencing pursuant to the Building and Safety Division I requirements along the project site's perimeter. This fencing sh remain until the Building Official approves its removal. The Applica It] shall provide temporary sanitation facilities while under constructio 12. The single-family structure shall meet the 2001 California Building Code, California Plumbing Code, California Mechanical Code, and California Electrical Code requirements. 13. The minimum design wind pressure shall be 80 miles per hour and "C" exposure. 14. The single-family structure is located in "Fire Zone 4" and shall meet the following requirements of that fire zone: a. All roof covering shall be "Fire Retardant, Class A"; tile roo shall be fire stopped at the eaves to preclude entry of tj flame or members under the fire; All enclosed under -floor areas shall be constructed as exteri walls; i C. All openings into the attic, floor, and/or other enclosed areas shall be covered with corrosion -resistant wire mesh not less than 1/4 inch nor more than 1/2 inch in any dimension except where such openings are equipped with sash or door. 15. This single-family structure shall meet the State Energy Conservatior Standards. 16. Retaining wall permits shall be obtained from the Engineering Department. IFE WE 17. The applicant shall comply with the requirements of the City Engineer and Public Works Divisions. 18. Prior to the issuance of any City permits, the applicant shall be required to submit a final grading plan and soils report for the City's Public Works and Building Division review and approval. The preparation of the site and the construction of the proposed structures shall be in compliance with the recommendations set forth in such soils report. 19. Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Bes", Management Practices (BMP's) to satisfy the Standard Urban Stormwater Mitigation Plan (SUSMP) requirements. SUSMP provisions shall be prepared and submitted as part of the grading plans. Further details on SUSMP requirements shall be obtained from the Public Works/Engineering Division. 20. Drainage patterns and techniques shall be reviewed and approved ky the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. 21. Prior to the issuance of any City permits, the proposed construction plans shall be submitted to the Fire Department for review and approval. 22. Applicant shall make application to the water purveyor as n -..- r • ceand shall submit the evidence of their approval to the Planning Division prior to the issuance of building permits. 23. All utility service to the proposed project shall be installed underground. 24. In accordance with the Department of Fish and Game Section 711.4, the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fea. in connection with Fish and Game Code requirements. 25. This entitlement is valid for two (2) years and shall be exercised (i.e. construction shall commence) within that period or this entitlemen'i shall automatically expire. A one (1) year extension may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission may consider the 01 draft Chapter 22.72 of the City of Diamond Bar Development Code. 26. This entitlement shall not be effective for any purpose until t permittee and owner of the property involved (if other than t permittee) have filed, within fifteen (15) days of the approval date, the City of Diamond Bar Community and Development Servic Department, their affidavit stating that they are aware and agree • accept all 'i of this grant. Further, this grant shall n become effective until the permittee pays any remaining Ci processing fees. J. The Planning Commission shall: (b) Forthwith transmit a certified copy of this Resolution, certified mail to Chuck and Loann Nguyen, 24144 Benfie Place, Diamond Bar, CA 91765 and JN Design a Associates, 10181 Westminister Avenue, Suite 218, Gard Grove, CA 92843 1 11TH APPROVED AND ADOPTED THIS THE DAY OF FEBRUARY 2003, PLANNING COMMISSION OF THE CITY OF DIAMOND 1342. go 1, James DeStefano, Planning Commission Secretary, if hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond r: a regular meeting of the Planning Commission held on the 11 �' day of February 2003, by the following vote: M SERVICES Di MENVPLANNING UIV. 21825 E. COP DIAMOND BAR, CA—, 65 909 396 5676 FAX 909 8613117 DEVELOPhWiT REVEEW APPLICAMON FPL # Deposil�rl Receipt# By Date Rec'd (A ch a separate sheet, if neccum, including names, add mscs, and signatums of monbers ®f partnerships, joint venturM, and directors ®f corporations.) Consent: I cerfifye owner of Me herein described property and pe -Mit the appficant go fae this request. Sioned 1-7 �_' ZZ_ (All record owners) Cerdication: I the undecdyned, he to the best of my knowkd:e. _Print Name (Applip4nt ®r Agent) Sipes Date `/ �-�OIL2_ (Applicant ®r Agent) Location 2 Le 1:7 t ...j,.- C /I r1l 2erK (SLmeL addmss ®r tract and lot number) zoning t4p r4S4 ---------- JINM Previous Cases 7X3oo?/ Pment Use ®f Site nac.&_ Use applied f®r t' 0=1 /Veil' w) C4-1 cz:�. aAa name firm) ApplicMCS Agent —Te. NOTT: It is the applicant's re'sponsibility to notify &C Conanunity Dovelopmml Director in writing of any change of the PrinciPais involved during tba procMing of " cm. (Attach separate shea, if n0moary, including names, "Mmases, and siffnatums Of mcmLags of pannerships, joint vcntural. qaid -;ir=tors of cov--vYjifiawif-i Consent" 1 certify dW I am the Owner of the herrindescribedprope ami pe the Pfican, t® 1h, request. Fly OP s Signed /4//3d/9Z, �(Al n=�ird o-�nerz) Date Certification: 1, the un&rsiffned, hereby Cen* underpenalty o Ofpedury that the iqfonnafion herein provided L. correct tthe best of my knowledge. Print Name CtyI i � n A 6,V Yr-� C (Applicant 9T Agent) Signed Date 2— (Applicant ®r Agent) O 2ZLI— LDcation t)v (Suva address A between and FPL Oz Deposit S Receipt# By Date Rec'd —Y -=2-Y. aaft anutc fifa) (Lmt narne first) 1*, /17 4L - Phone( NOTE: It is the applicant's responsibility to notify the Conuounity Development Director in writing of any change of the principals involved during the processing of this can. 1 11111111 IN 1111 ��11111 1111111 111 � 111111 111�pip�� 1�111 111 11111111� I I Consent. I cea owner of the herein described property and pe omb the appficant t® fde this reQuest. Signed_7--- 7t— e--- Date (AU record owners) Centfication: 1, the undersigned, hereby centfy underpenalty ofperjury dkat #he Wannation herein provided It correct to the best of my knowkdge. Print Name Crit ale ,-) /V(-Yf, (4pplicant pr Agent) Siped (-7,("—( `-, .--- Data= --c a�,-) �()Z- (Applicant or Agent) Location (i.e. address or general descrip,ion of location) and legal description of pmpeny in quesfion:.(use additional sheets as necessary) How Y Oak trees will be cut, removed, relocated or damaged? How y oak troes will remain? Will trees to be removed be replaced? YE -.C1 — If Yes, indicate the Proposed size, type. location (indicated on site plan) and sch—edule for planting. The subject property contains no oak, wajnu� sycamore, willow, or naturalized Califomia Pepper trees. The subj@U Property ConWns one or more oak, walnu� sycamore, willow, of naturalized Califoniia Pepper trees. The applicant anticipates that' no activity (gradins and/or construction) wai take place within rive (5) feet of the outer dripline of any oak, walnut, sycamore, willow, or naturalized CAlifOrnia Pepper t'ree. (Applicant's Sig tore, t/ 02, (Date) PHONE 4 FAX# Action requested and project demniption: I St &ff Use Projert No MIM NAME (7i�) S �7®��t � CI PHONEN. FAM IC -ZI C- C.- LC 2 Street location of project: Present use of site: IC -C-t, Previous use of site or structures: ) C C r If domestic water ®r public wwt,.. notavaablc. bow wMtbcwmnimbcpl-., 1. Environmemial Settinp-Project Site A. Existing uscJmc 93 B. ENVIRONMENTAL INFORMATION (t® be completed by appheml) Vegetati®n in .# "1", 11 � yo, *C. Watercourses I /) -- f Culturalthistorical res o F. Other Atn�f. Vegetation *d. Animals Exisfing nowic Sour= at site: Noise or vibration to begenerated by project: Odors generated by project: Could toxic fumes be generated? t ii Dust, ash, or smoke ged byprojL-� . t: /M 04-01411 Date MI U= 4249 Callfornia Avenue Nol-co,CA 92860 ® C'erti ed rborist MIT -2301A Prepared for- Chuen ll 22909 Ridgeline re Bai; CA ReportGenerated for........................................................... 2 ReportPrepared by ............................................................. 2 Species............................................................................. 3 ® Juglans cal fornica wat. ® Quercus agrfalda TreeN 601............................................................................ 3 TreeN 602............................................................................ 6 TreeN 603........................................................................... 8 TreeN 604.............................................................................9 Tree# 605............................................................................11 Tree# 606..........................................................................13 Tree# 607.......................................................................... 15 TreeN 608............................................................................17 Un -numbered oak free...........................................................19 Un -numbered Wair I tree ...................................................... 20 Guidelines for Tree Preservation During Construction .................... 21 Regarding Fertilization and Pest Management ............................. 23 Resources........................................................................... 24 Aboutthis Report ................................................................. 25 Photo1............................................................................... 26 Photo2................................................................................ 27 Photo3 ...........:............................................. ................ 28 Photo4 ................................................................................ 29 Photo5 ................................................................................. 30 Photo7 ................................................................................. 31 Photo 8................................................................................. 2 Photo9 ................................................................................. 33 Integrated Solutiom 4249 California Avenue, Norco, CA 92860 uo9.737.9189 2 [11 ".-1Fw1T'M1r4'1OrjUG�'1 M 0 Integrated Solutions Certified Arborist VVE-2301 A K 4 SITE FINDINGS: Date ®f review -August 22, 2002 Temperature 9%.0 F Wind® calm TREE # 601- Juglans califomica wat PHYSICAL STRUCTURE e Height- 29.0' f:. e Canopy circumference 6i. 0 ■ \ t «\�}!�))^ y .,...� ■ v. w - .� .. �. . ��a. ■ S1«-2%#*<« »«:. »©!w //\//ƒ(/ ASSESSMENT Condition -fair . r + , . , ■ Two « I stem ;1271 remain are ;n }7. y to good condition. Removal +\the stems may adversely affect the survivability of the e two remaining stems due 11 potential \+L increased decay below 2;f soil 719x6: where §±7¥ stems 2tr removed.\ EVALUATION « « « HEALTH - - e Insects infesting trell � r Disease (2 ;\n± Ir«!- k,m..... § Damaged in area of cut stems. Destabilization at buttress may result over time. Monitor. Possible failure hazard from wind throw in future. Foliage - o Slight damage from Anthracnose disease. o Defoliation from drought. o Visual indications of nitrogen deficiency. Possibly other nutrients. Soil has been scraped of most leaf litter. MEIJIII�� • North East End of Property on Street Sidrl • Location appears to be well suited for construction to proceed without impact. @ Health improvement plan - o Winter dormant and spring bud break treatment for Anthracnose. o Winter dormant oil to suppress leaf and stem pests. o Moderate application of nitrogen may be beneficial. Soil chemistry would be necessary to determine exact corrections needed. �-Oltiatiqgj ta� �-j R Integrated SoIufi&-,s14219 California Avenue, Norco, CA 92860 -j9.737-9189 6 from trunk and extending to vertical drip line of tree. TREE # 602 Quercus agrifolia PHYSICAL STRUCTURE a Height- 44.0' * Canopy circumference —49'9" * Cardinal measurements r® trunk to vertical drip line: o North- 18'11 o South -zero overhang to South o East -zero overhand to East o West -12' 0" AESTHETIC ASSESSMENT Con4ition-poor o Severe heartrot decay in trunk. fflWITrTqffTMffiUM=1Tww EVALUATION OF HEALTH Ins,-cts infesting tree - o Case moth W 6 Disease infesting tree - o ertr®t decay ® Possible Armillaria atelia o Anchor appears fair to poor at this time. Visible decay in non-functional xylem (exposed) with possible Armillaria complication (mycelial mats viewed) which could indicate more advanced root decay no'j visible without further, more involved review. Monitor. ® Trunk s, Heart rot decay, severe. 31� M a Location - o Approximately 100' from street on No East side of property. i Heolth improvement pian- o NONE -Recommend immediate removal to abate possible failure hazard. U Integrated Solufibii� 4249 Calif is Avenue, Norco, CA 92860 9u9.737.9189 TREE # 603 Querew qgrifofia !k!HYSICAL STRUCTURE @ Height- 30'0" T711-1,11111 "I" 411i'll ill 111 M, * ®y circumference —54'11" * Cardinal measurements r® trunk t® vertical drip line: AESTHETIC ASSESSMENT a Condition -poor o Severe decay in buttress roots Recommendation to remedy structure -remove to abate hazard from potential failure. EVALUATION OF HEALTH Insects infesting tree - o Case moth 860 909.737.9189 10 integrated Soluti'01 it 4249 California Avenue, Norco, CA 92 o East -22'5" oWe-st-47' AESTHETIC ASSESSMENT @ Condlition-moderatLu o North -by -North East scaffold upper surface. -by- # Signs of developing decay in North North West scaffold, upper surface. Recommendation to remedy structure -remove to abate future hazard or pnine away damaged limb, retain with reservations and monitor. EVALUATION OF HEALTH a insects infesting tree - o Case moth o Termites ® Borers o is * Disease infesting tree - o Heart rot decay * Vigor 10 M o Roots o Root collar sound, buttress stable with no visible decay. o Overall sound with decay in large scaffold branch. # Within normal size and density range. Generally good. o d+»§« 4 *\»1«#« «,NorhEast side by V gully. Remove x»»!1\. decayed scaffolbrant : and monitor. Retain with reservation or remove to abate ffiture possible decline and hazard. TREE # 605 Juglans califomica wat PHYSICAL STRUCTURE e Height- 34'5" 7,71M.1IFF157M Cardinal measurements from trunk to vertical drip line: flp integrated SolutiufiS4249 California Avenue, Norco, CA 92860 W9.737.9189 12 o South -22'8" P,t3S�.�lT fi,#WT� N 0MR/ 111 L, i 21 Condition o Good Remove dead wood in winter, crossing branches and injured branches per International Society of Arboriculture standards. Treat with appropriate winter dormant and bud -break applications of fungicides to suppress anthracnose fiangui EVALUATION OF HEALTH Insects infesting tree o is Disease infesting tre;� o Anthracnose 3� Trunk o Stable 011 M M ® Good density and color. Size within non -nal range. :o= Health. improvement plan o See above TREE # 606 Quercus agrifolii., STRUCTURE @ Height- 45'0" A t V ® is eter at Breast Height (DBH)- 19 V2" • Canopy circumference —86'1 " @ Cardinal measurements r® trunk to vertical drip line: o East -7'8" o West- 18'2" Recommendation to remedy structure o Broken limb with severe decay -trim to correct and remove limb. Remove dead wood and damaged branches. M Integrated Solutiui is' 4249 California Avenue, Norco, CA 92860 909.737.9189 14 e Retain with reservation and monitor. EVALUATION OF HEALTH Insects infesting tree- ® Case of • Oak whitefly • Boring beetle Severe heart rot decay appears correctable with constructive pruning. 3�i # Moderate to good with little visual decay extending to main trunk from area of decayed scaffold. 3= ® Appears of normal size and density. I ® Cover good at 95%. 0011I: , r 1 . M W o Remove scaffold branch with severe decay. o Remove dead wood and damaged branches in winter. TREE %7i\ Quercus agrifolia PHYSICAL STRUCTURE © Height- 35'0" E�±}°l°� Cardinal measurements from tkrunto vertical drip line: ff-q:#<!d\ o West -1 5'8" AESTHETIC ASSESSMENT @ Condition - 11K * Remove immediately to abate failure hazard. * Entire main steni and major scaffolds unstable with decay at over 75% due to what appears to be past lightening injury. W1 Disease infesting tree o Severe heart rot decay Vigor o Poor Decay likely, none visible. Decay extends length of ble trunk. Trunk • Severe decay entire length into main scaffolds. • Appears to be result of past lightening strike. Foliage o Good but sparse, approximately 50% on remaining scaffolds. Location o South west side of property Health improvement plan o Remove to abate failure hazard. TREE # 608 Juglans califomica wat PHYSICAL STRUCTURE e Height- 25'0" M @ Diameter at Breast Height (DBH)- 5 7/16" e Canopy circumference —57'1" Cardinal measurements from trunk to vertical drip line: r 1 0 ' oll= -' I o Possible Phytophthora root rot. Root samples necessary to confirm. Sapping at Testing recommended if tree retained and appropriate fungicides applied to suppress Phytophthora. o Tree on property line, has been damaged from pruning. M Determine presence of boring beetles or t. s. moth. M healthier specinien in al O e appropriate location than to attempt to correct this tree. :*'HYSICAL STRUCTURE m @ Height- 12.4 e Diameaeter at Bst Height (DBH)- 1 5/8" Canopy circumference access difficult; no measurement taken. Approximate circumference -18.0' or less. Cardinal measurements from trunk to vertical drip line.- o None taken due to limited access. AESTHETIC ASSESSMENT @ Condition -good W Recommend clearing brush from around base. Remove deadwood in winter and retain. EVALUATION OF HEALTH e Insects infesting tree- all minor 30 d\\= Disease infesting tree o None identified at this tim�l. FE M Integrated Solutiws'4249 California Avenue, Norco, CA 92860 909.737.9189 20 o Appears good n 0 "11 � MIT NO 11 1 M" (I @ Health improvement plap. o Protect during construction as recommendei under Protection of Trees during construction. TREE # UN -NUMBERED WALNUT Juglans califomica wat PHYSICAL STRUCTV.RE Height- unable to access due to brush - Diameter at Breast Height (DBH)-unabIe to measure due to brush. * Canopy circumference- approximately * Cartlinal measurements from trunk to vertical drip line: unavailable. 1 -141- Condition - E 21 o - Unable to thoroughly assess due to brush. Once brush is removed this tree should be re-evaluated. a"I'MA No pruning should occur in excess of 10% on oaks and 20-25% on other specimens. Every effort should bemade to work around limbs and not impact them with construction equipment. In the event that impact from construction equipment seems likely a Qualified Certified Arborist should raise the canopy of the tree in ONLY THOSE AREAS previously deten-nined likely to have construction impacts from equipment. No blunt cuts of limbs should occur. Limbs should be removed to nearest dominant lateral or branch capable of assuming that role. All trimming should follow International Society of Arboriculture standards in the most recent revision of the ANSI standard for pruning or National Arborist Association guiAelines. Construction should not impact the root system of the tree, specifically oaks and walnuts, any closer than 5 feet outside of the current vertical drip line- known as the Protected management Zone or PMZ. No excavation within the PMZ should occur. Backhoes or other tractor type digging equipment is prohibited within the protected zone and should be discouraged at and near the area directly adjacent to the PMZ. Roots encountered outside the R1 Integrated Solutibf is 4249 Calffornia Avenue, Norm, CA 92860 909.737.9189 22 PMZ that must be severed shall be hand excavated, or water excavated, and cut with handsaws or circular type saws as described below (small Makita type). Removal of roots shall be accomplished by excavating with water or by hand and followed by cutting cleanly through the root. Avoid jagged cuts or tears. Pull root in a direction from the trunk to liberate the root from the soil. Do not pull upward on a root still attached to the tree in a direction towards the trunk. Never puH roots upwards in a direction towards the trunk since injury to lite root collarlbuttress nyaj resull. Bridging over major roots during construction, when encountered, will aide in tree preservation. a Avoid compaction of the soil within the PMZ- Do not allow the storage of any material, equipment, tools, or any other items under or within the vertical drip line of any tree. Do not alter the original grade of the soil within the PMZ either through increasing the soil level or decreasing. Natural oak or walnut leaf litter/mulch should be distributed evenly over the PMZ to a depth of three to five inches. Use only 1-2 inch course chipped wood pieces if naturi leaf litter is unavailable. :-2 Do not use redwood bark or chips. If only fine materials are available (less than 1.0" grind) apply to a depth of no more than three inches. Irrigation should not be installed within the PMZ unless signs of die back occur following construction. Any irrigation shoubO be temporary in nature. Irrigation should only occur at the vertical drip line of the tree and extend to the outer edge of the PMZ. Changes in soil tilth, increased compaction from construction, including foot traffic, RE V'*1 and disruption of the currently available soil moisture, including subterranean sources presently unidentified, may result in re0-iced ability of the tree to obtain sufficient water. If indications that any tree is water stressed become apparent occasional deep watering might become necessary. 0 Winter moi,�ture and summer drought are nonnal for oaks and this method of irrigation should be respected following completion of construction and re -stabilization of the oak. 0 DO NOT irrigate oaks within three feet of the trunk. 0 Construction will impact the root system of, and water availability to, native trees. Irrigation practices in the future will be critical to the long -ten -n survivability of specimen trees. Do not plant accent plants within the PMZ unless they are similar water consumers as native oaks. No plant material should come within three feet of the tru MIAM Oaks with siiitable build up of natural leaf litter under the canopy should not need additional nitrogen fertilization. Highly desirable oaks may benefit from foliar protection and/or soil systemic applications of materials appropriate to suppress oak moth, oak borer, and other oak pests. Application of humic acid containing nutrients may be beneficial in the event that the soil cover of natural duff has been removed. Trimming should be limited to dead wood removal and safety pruning. RE integrated Solutions4249 California Avenue, Norco, CA 92860 tpo9.737,9189 24 111, 1, wa_�-_' � : Guide for Plant Appraisal, Eighth Edition, 1992, International Society of Arboriculture, Savoy 11, 61874. Diseases of Trees and Shrubs- 1987, Cornell University Press, Sage House, 512 East State Street, Ithaca, New York, 14850 Insects of the Lop, Angeles Basin, 1974, 1993 Natural history Museum of Los Angeles, Los Angeles, CA 90007 Landscape Plants for Western Regions, An Illustrated Guide to Plants for Water Conservation, 1992, Bob Perry, Land Design Publishing, Claremont, CA. Pests of Landscape Trees and Shrubs, An Integrated Pest Management Guide -University of California Division of Agriculture and Natural Resources publication N 3359, 1994, Reagents of the University of California, ANR Publications, 6701 San Pablo Avenue, Oakland, CA 94608 Sunset Western Garden Book, Sunset Publishing, Menlo, CA. Hortseript, March 1995, No. 11 Plant List and Procedures for Landscaping Under Native Oaks in the Central Valley, Cooperative Extension University of California Pamphlet. Species Classification and Group Assignment -an official publication of the Western Chapter International Society of Arboriculture, WCISA P.O. Box 255155, Sacramento, CA 95865 � M, ABOUT THIS REPORT This report was generated from visual inspection only, without root collar excavation, increment boring, or laboratory analysis. Some measurements of canopy at cardinal points are approximate due to difficulty in accessing site because of heavy brush and poison oak. Additional tissue chemistry or pathology may be deemed necessary at some future date and is not within the scope of this report. A tree value was not prepared, nor was it required, within the scope of this report. omission is not the responsibility of the generating party. Site plan, floor plan and elevations found in project file — Development Review No. 11 • • • • - Permit No. 2002-05/ • - No. 2002-09 r __ Permit No. 2002-03 919 Ridgeline, Diamond Bar, CA WINIFTY"MMUTRI n. A MOM I a 7—W ' KOK- u- I ANWZ 141 -TON AIM"wt ?"LANNING COMMISSION Staff Repor", W To operate a computer services/ gaming center within an existing shopping center. ePC 23499 Golden Springs Drive Diamond Bar, CA 91765 DBV Star, LLC P.O. Box 5156 Diamond Bar, CA 9171 JechualKirn 1756 Autumn Glow Drive Diamond Bar, CA 91765 The property owner, Diamond Star, LLC and applicant, Jechual Kim are requestirCe approval pursuant to Development Code Sections 22.58., 22.42.035 and 22.10.030 -TabffMzl 2-5 to operate a computer services/gaming center in an existing shopping center. V The project site is located at 23499 Golden Springs Drive within Diamond Bar Villa -"- Shopping and Professional Center. It is approximately nine acres and located at t northwest corner of Diamond Bar Boulevard and Golden Springs Drive. It is develop with a commercial and office structure totaling to approximately 118,254 square fe constructed in mid 1980's. Uses within the shopping center are generally retail, restaura office and personal services. 0 The project site has w General Plan land use designation of General Commercial and a zoning designation of Community Commercial (C-2). Generally, the following zones and use surround the project site: To the north is the Regional Commercial (C-3) Zone; to the i -t_ is r ie Residence 7 _ Zone and Lorbeer is the C-2 Zone; d to _ is the Single-Family ,.,•^_=- r Residence-Minimum iir'•e° 8,000 - Square Feet (R-1-8,000) • time,The proposed use identified as "ePC" has been operating in Diamond Bar at the subject site since the latter part of 2001. At that computer services/gaming center was not r permitted ^ Apparently, ^ r business _- i s. contacted Los t ngeles County for a business license. A computer services/network gaming center is not listed as a business that requires a license to operate. As a result, the business owner believed that if a business license is not required then the business could be opened. Additionally, at this time, the City was receiving numerous requests to allow this type of business. As a result, the City adopted Ordinance No. 6 (2002) which sets forth the zones this use would be permitted in and operational standards. Ordinance No. 6 became effective on June 7, 2002. Pursuant to the Ordinance, computer services/network gaming center businesses in existence .i . six month•,.sem- period from the effective .e,r, •aro •.a in full compliance with the provisions of Ordinance Section 22.42.035. The applicant for ePC submitted a Conditional Use Permit application on December 16, 2002. WRITA�\ATI+ Conditional - uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. Conditional Use Permit applications are reviewed for - location,design, • • . • r • potential im• . to insure that the proposed - will protect the public health, safety and welfare. Pursuant to Development Code Table 2-5, a Conditional Use Permit is required for computer services/gaming centers located in - Commercial Off i` (CO), Community Commercial and Reg 3) zones. Since the project site is zoned C-2, a computer services/gaming center is permitted at the subject location with a Conditional Use Permit. The Planning Commission is the review authority for this particular application. ePC is a computer services/gaming center that provides the space, equipment and technology to make fast, multi -player PC games and high-speed computers available to patrons for a fee. Patrons can also browse the Internet, check e-mail and download files. The unit utilized by this business is approximately 1,700 square feet. It is divided as follows: approximately 1,450 square feet devoted to 49 computer stations using W 0 99=8 file i • . ePC operates on Sunday through Thursday from 11:00 a.m. to 12:00 a.m. • on •1 and Saturday from 11:00 a.m. to 2:00 a.m. The hours of operation are posted at the fro of the store. However, the posting only indicates the time that the business opi I According to the applicant, ePC provides at least two full-time adult supervisors for the computer stations. The Code requires one full-time adult attendant or supervisor for ea, 20 machines plus one - guard for each ^ Two site visits during the • indicated chat the applicant, adult supervisor. On an evening site vis adultthe - •ant was 19 years old. Windows are painted so that no light or glare will hinder viewing the computer screen The glass door is coated with a metallic finish. The applicant will be required to comp The with the Code by removing the coating on the windows and door. may be tinted to minimize the light r-_ glare that enters the store. However, the tinti used must allow an unobstructed view at all time from the exterior. Minimal indirect lighti is utilized within the store which leaves an extremely dim interior. As the floor plan grranged, the attendant is able to view some of the computer screens from front desk are In order to view the rest o. - --ns,- the attendant must strollfloorr.. • �. customer•r is provided of • - Currently, this area • • •_ seating for six patrons.be required that six more seats be .••-i in order to comp with the Code requirement of providing one seat for every four computer stations Additionally,the applicant shall remove the table and chairs located ... the exterior of calculatedfront entry, so as not to promote loitering. The applicant submitted a parking study dated January 6, 2002, prepared by L Consulting, Inc. The parking study calculated the number of parking spaces requir based on the City's code and included all the existing uses, vacancies and the propose$ project and the existing shared parking agreement. For the proposed project, the parkir e was based on one parking spaceper square feet gross floor area d^ •''• • • ` • w • Diamodd Bar Village Shopping and Professional Center provides approximately 380 on si parking spaces. ePC will require approximately 41 parking spaces. According to t parking study, the peak hours for the shopping center occur at 2:00 p.m., when a total 361 parking spaces are needed. As the peak hours for the shopping center decline, eP1 will begin to get busy and reach their evening peak hours. As a result, the parking stuc indicated that the parking spaces provided are adequate to support the existi businesses, ePC and future tenants occupy MW Certain computer games create sound that can be loud due to the sound files associated with the game programs. If 49 computers were operating at one time, the concern would be noise effecting neighboring business. If the noise becomes an issue in the future, the applicant will be required to utilize noise reduction material within the wall shared by the on neighboring or install headphones at each computer station. Accessing adult-oriented internet sites in the C-2 zoning district is prohibited. Thd applicant will be required to provide filters for the computer network to prevent user(s) from accessing adult web sites. Alcohol will not be provided. However, the applicant does have two vending machines with soft drinks and snacks located in the waiting area. One restroorn is provided for the customers and employees. The Building and Safety Division will review its handicap accessibility. It will be required that the restroorn comply with ADA requirements. The City contracts with Los Angeles County to issue its business licenses. At this time, the County does not require a business license for this use. Los Angeles County Sheriff ®apartment According to Lieutenant Joe Maxey of the Los Angeles County Sheriff Department/ Walnut Station, ePC has not had any service calls. Si The applicant has installed two wall signs on the unit identifying the business name. Tht applicant has not obtained permits for these signs. A condition of approval will require the applicant to obtain permits for the signs. LOME= ePC has been operating for over a year. During this time frame, the City, Los Angeles County Sheriff Department/Walnut Station and management company of the shopping center has not received any complaints. The staff has visited the project site several time ?-nd has not found conditions such as loitering, loud noises, untidy property conditions, etc. 0 However, +P _ be required to comply with the following Development Ci•' requirements as well as the City's Building and Safety Division requirements, which have not been ..+ Applicant shall provide at least one (1) full-time adult attendant or supervisor, 21 years of age or older for each 20 machines plus one security guard for each 20 machines; (Additional attendants and/or security surveillance or guards may be required if it is deemed necessary by i Angeles County Sheriff's or the Planning Commission.) Within 30 days of _approval,^ applicant shall obtain permits from the City for thd two permanent wall signs identifying the business ; MOME Mill t Business unit windows and glass doors shall remain unobstructed at all times; all entrances and interior areas shall be adequately lighted, and a lighting plan shall be reviewed and approved by the City prior to commencement of business; Accessing adult-oriented internet sites shall be prohibited unless the business has an adult business permit; business owner shall provide filters for the computer network to prevent user(s) from accessing adult web sites; Floor plan shall be designed in a manner that places the attendant or supervisor on duty in a position to see all computer -ov Walls separating the computer services/network gaming center from adjoining uses shall comply with the sound transmission code rating of at least 45 or employ other noise attenuating devices as approved by the City; �, 1 •• •" • ••-f • rid -� +_. Vii• f •. •^ • :.• .f-• - • - t" f_. - •' o On a site plan, the applicant shall delineate the path of travel from the parking lot t,,#, building. This path of travel shall not exceed two percent cross slope. Existing ram-,#: must becertified order ! meet all accessible Applicant shall conform to State and local Building Codes (i.e. 2001 editions of the CAL. Building Code, Plumbing Code, Mechanical Code, and National Electrical Code) as well as the State Energy Code. Additionally, the applicant is require to obtain appropriate permits, inspections and Certificate of Occupancy; 0 ®Exterior doors shall be a minimum width of three feet and exit signs shall be illuminated; * If four or more staff are working at one time, two bathrooms shall be provided. The applicant has been doing business at this location for more than a year. He has had knowledge of and attended the public hearings for the Development Code amendment allowing • • eservices/gaming Map Amendment changing the zoning of the project site from CPD to C-2. The applicant has had at least six months to begin implementing several of the above referenced code requirements. If the Planning Commission approves this project, it will be required that the applicant complete the plan check process and receive the appropriate permits within 45 days of this project approval. Furthermore, the applicant will be required to obtain a Certificate of Occupancy within 90 days of this project's approval. If the applicant does not meet this time line, the project will be brought to the Planning Commission for review and further action. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section ; 15303(c) and guidelines promulgated thereunder, the City has determined that this projec'I categorically 111otice for project was published in .Inland Valley Bulletin "• s " Gabriel Valley Tribune •_ January 30, 00 b .. • notices �+mailed to approximately 253 property owners within a 700 -foot radius of the project site on January _8 Furthermore, the project site was posted with a display •R."R and the public notice posted threepublic places on Staff recommends that the Planning Commission approve Conditional Use Permit 2002-19, Findings of Fact and conditions of approval as listed within the attached resolution. The proposed a Conditional Use permit and complies with all other applicable provisions of the Development_„••iandthe MunicipalCode; 2. The proposed use is consistent with the General Plan and any applicable specific plan; 3. The design, size and operation _ of proposed t are compatible and future.. • uses in the vicinity; 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access,provision o. utilities, compatibility with adjoining land uses o the absence of physical constraints; 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; and 5. The proposed entitlement has been _ • in complianceprovisions •: the California Environmentalp QY Prepared by: L� Ani J. Lung6i,s§ c Aiate Planner 1. ®raft resolution; 2. Exhibit "A” - site plan and floor plan dated February 11, 2003; 3. Application; and 4. Ordinance No. 6 (2002). 0 PLANNING COMMISSION 11*f14Pp RESOLUTION NO. 2003 -XX 1 The property owner, Diamond Star, LLC and applicant, Jechual Kim have filed an application for Conditional Use Permit No. 2002-19 and categorical exemption for a property located at 23499 Golden Springs Drive, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit and categorical exemption shall be referred to as the "Application". 2. On January 28, 2003, public hearing notices were mailed to approximately 253 property owners within a 700 -foot radius of the project site on January 28, 2003. On January 30, 2003, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and InIgDd Valley Daily Bulletin newspapers. Furthermore, the project site was posted with a display board and the public notice was posted in three public places on January 29, 2003. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: riolti,'sn'li W161IFFIREP, F -8,0391 W-.-INURNIM-11-15H 1 • 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15303(c) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project relates to an existing shopping center identified as Diamond Bar Village Shopping and Professional Center. It is approximately nine acres and located at the northwest corner of Diamond Bar Boulevard and Golden Springs Drive. It is developed with a commercial and office structure totaling to approximately 118,254 square feet constructed in mid 1980's. Uses within the shopping center are generally retail, restaurant, office and personal services. (b) The project site has a General Plan land use designation of General Commercial (c). (c) The project site is within the Community Commercial (C-2) zoning district. (d) Generally, the following zones and use surround the project site: To the north is the Regional Commercial (C-3) Zone; to the south is the Multiple Residence (R-3-1 U) Zone and Lorbeer Junior High School; to the east is the C-2 Zone; and to the west is the Single -Family Residence -Minimum Lot Size 8,000 Square Feet (R-1-8,000) Zone. (e) The Application request is to legalize an existing computer services/gaming center identified as "ePC", that has been operation since late 2001. The proposed use is allowed within the subject zoning district with thd approval of a Conditional Use Permit complies with all othet applicable provisions of the Development Code and the Municipal Code; 0 of a Conditional Use Permit, compliance with standards required this use is Development Code Section 22.42.035 and as amende herein will comply with all other applicable provisions of #evelopment Code and the Municipal V. M (g) The proposed use is consistent with the General Plan and any applicable specific plan; (h) The design, location, size and operation characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; m7ri F17OFFEA i : --- - 11 M as Diamond Bar Village Shopping and Professional Center. It approximately nine acres and located at the northwest comer Diamond Bar Boulevard and Golden Springs Drive. It is develope with a commercial and office structure totaling to approximate 118,254 square feet constructed in mid 1980's. Uses within th *e;Xe!i Roe *e, services. Willf- ,11,, 1111111111111111111 0 0 F Wit Utte OdGllut permits and inspections, ePC will continue to operate utab business. persons, property, or improvements in the vicinity and zoning distri in which the property is located; i 01 "IM"07fir1�1A W safety, convenience, or welfare, or injurious to persons, property, or improvements in the vicinity and zoning district in which the property is located. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA); 2—=_ -NT -177W77T®R 7_07allry Act (CEOA), Section 15303(c) and guidelines promulgated thereunder, the City has determined that this project is categorically exempt. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to site plan and floor plan, labeled as Exhibit "A" dated February 11, 2003 as submitted and approved by the Planning Commission, and as amended herein. (b) 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 granted herein. The removal of all trash, i^!. .• refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) Property owner/applicant shall remove the public hearing notice board within three days of this project's approval. (d) Applicant shall provide at least one (1) full-time adult attendant or supervisor, 21 years of age or older for each 20 machines plus one security guard for each 20 machines; M (e) Within 45 days of this approval, the applicant shall obtain permits from the City for the two existing permanent wall signs identifying tht business; (f) Applicant shall post hours of operation and "No Loitering" and curfew signs in front of the business in a conspicuous place adjacent to the front door; (g) Applicant shall add six additional seats to the waiting area for a total of 12 seats; and no waiting list shall be maintained beyond the seating capacity of the waiting area; R I R I F M F 1 11 1 (i) Applicant shall remove existing coating on windows and doors. The business unit windows and glass doors shall remain unobstructed at all times; all entrances and interior areas shall be adequately lighted, and a lighting plan shall be reviewed and approved by the City; Applicant shall provide filters for the computer network to prevent user(s) from accessing adult web sites; (k) Applicant shall arrange the computer stations in a manner that places the attendant or supervisor on duty in a position to see all computer screens. Applicant shall submit a floor plan indicating the revised arrangement of the computer stations; (1) Walls separating the computer services/network gaming center from adjoining uses shall comply with the sound transmission code ratini,, of at least 45 or employ other noise attenuating devices as approved by the City; (n) On a site plan, the applicant shall delineate the path of travel from the parking lot to building. This path of travel shall not exceed two percent cross slope. Existing ramp shall be certified in order to meet all accessible requirements; (o) Applicant shall conform to State and local Building Codes (i.e. 2001 -editions of the CAL. Building Code, Plumbing Code, Mechanical Code, and National Electrical Code) as well as the State Energy Code. Additionally, the applicant is required to obtain appropriate permits, inspections and Certificate of Occupancy; (p) Exterior doors shall be a minimum width of three feet and exit signs shall be illuminated; R, (q) Restroom, fixture location and dimensions shall be handicapped accessible. If four or more staff are working at one time, tw# bathrooms shall be provided; (r) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to period review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and the Commission may revoke or modify the Conditional Use Permit. (s) This grant must be exercised within 45 days from this approval date. The applicant shall complete the plan check process and receive tht appropriate permits within the 45 days of this project approval. Furthermore, the applicant shall obtain a Certificate of Occupancy within 90 days of this project's approval. If the applicant does not meet this time line, the project may be brought to the Planning Commission for review and further action. (t) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Jechual Kim, 1756 Autumn Glow Drive, Diamond Bar, CA 91765 and DBV Star, LLC, P.O. Box 5156, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 1 1TH DAY OF FEBRUARY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. M A 1, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 1 1th day of February 2003, by the following vote: RFTIWFMNZ���� B m 0 / NKI 7 17% A M omol 5- I ,,�• - RAT _ , ma I f-4 f. no1i., ° F@_ METT111 Phone ( ) Fax ( ) ��• ;_, � Vit... _. (Last name first) An application fee in accordance with Section 22.44.040 of the Municipal Code must accompany this Application. The application fee is either a flat fee or a deposit costs computed on an hourlybasis. .zicable fee ra� e._.. it it isposit, the applicant �. processing deposit prior to issuance of the permit; if processing costs are less than the deposit, NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify th t am the owner of the herein described property and permit the applicant to file this request. �.1 Signed/JA ®ate (All (@ Pd Owners) Certification: 1, the undersigned, hereby certify under penalty of perjury that the information herein provided correct to the best of my knowledge. I Print Name (App scant or Agent) Signed ` "� 1 t� ®ate (Applicant oP Agent) Location of oroiect o3y9,,,,,, 0 (Street address or tract and lot number) • •. Previous Cases / ,r �-e Gtr lo/1``/a7ce,C ��s f City of Diamond Bar CONDITIONAL USE APPLICATION Present Use of Site Use applied for le,X -4. D,- .0 C T7,77MVe (gross acres', �*revious Cases Present Use of Site WE�= M area devoted to structures Landscaping/Open space K 'City of Diamond Bar CONDITIONAL USE APPLICATION Residential Project: and (Gross area) —(No.of lots) Provided M i}VNI, Val A Development Review or Administrative Development. Review application shall be reviewed by the applicable review authority identified in Section 22.45.050 (Responsibility for Development Review), below and shall be approved, with or without condition, only if the following findings are made: The design and layout of the proposed development are consistent with the General Plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., them areas, specific plans, community plans, boulevards or planned developments): 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 architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this Chapter, the General Plan, or any applicable specific plan; The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture and color, and will remain aesthetically appealing; The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g.. negative affect on property values or resale(s) of property) to the properties or improvements in the vicinity; and INITIAL STUDY QUESTIONNAIRE (To be completed by applicant, attach addidonal sheets or paper if necessary) A. General Information Proiect Applicant (Owner): Project Representative: I . Action requested and project cescription: ®% rJ �r' `:� ?. Street location of prosect: PPOIeLt i i For Cite Use Leeal descrtpuon o; project sire: _ 0 � It -� ®oo -x/85 O O3 -1. Present Use of Slte: b 5. Previous use DI site or structures: Sh L) jai fA 6. Project Description: a. Site size (total area) b. Square footage (covered by structures, pavinc. etc.) c. Number of floors of construction d. Amount of off-street parking provided e. Landscaping/open space: f. Proposed scheduling: r. Anticipated incremental development: h. If resident' include the number of units, schedule of unit sizes (range of sale prices or rents and type of household sii', expected): i If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area an loading facilities: �. If industrial, indicate type and loading facilities: l If institutional, indicate the major function, estimated occupancy and loading facilities: M If the project involves a Variance, Conditional Use Permit, Zone Change, General Pian Amendment, or Development Review application, state this and indicate clearly A,,hv the application(s) is required: V I) 2 S. List related pertnit(sPapproval(s) required. Specify type and granting agency: 9. Are future phases planned for this project: Yes No " If yes, explain: 10. Present zoning: 11. Generai Plan Land Use Designation: 12. Water and sewer service: Does service exist at site? If yes, do survevors have capacttti to meet demand of project and all other approved projects' Domestic Water Yes No Yes No Public Sewer Yes No Yes No If domestic water or public sewers are no[ available, how will these services be provided? 13 Restdenua! Proiects a NUME)Cr and t)pe of units: b. F!oor area 0 each uri: C. Number of floors. C Housing market carpeted (demograpaic profile'': t Sales price/rent: g Describe proposed amenities: h. Minimum net lot size: Maximum net lo: size. i. Average net lot size: 3 School district serving the project? ® Are existirg school facilities adequate to met project needs.) yes No f o If not, what provisions will be made for additional classrooms? l V; � P �� A ` 14. Non-residential projects (commercial, industrial, and institutional): a. Distance to nearest residen:ial use or sensitive use (school, hospital, etc.):e ei: l S c� S G r�SS 5 b. Number and floor area of buildings: c. Number of employees and shifts: d. Maximum number employees per shift: e. Operating hours: f. Community benefit derived from the project: C J d - f2 d g. Identir, ani end products. Waste products and means of disposal: h. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or radio actjve materials^ �'es No If N'es, explain in detail: i. Do sour operations require any I,.®ssurized tanks" Yds ®leo If yes, explain in detail: i. Identify any flammable, reactive or explosive material to be located on-site: k. Will delivery or shipment trucks travel through residential areas to reach the nearest highway'' Yes No If yes, explain in detail: 15. Associated proiects: & 16. Describe public or private utility easements, utility lines, structures or other facilities that exist on or below the surface of MLe project site: 17 Drscru e am, c: -rank in the aDoearance of the site resulting from the project as proposed: 18 Describe• lino Lh:-, proposed oroiect will ilt into its surroundings (i.c., Will the project blend into the existing ne!"hburhoo"" FlO wi!! it relate to the size, scale, style and character of the existing surrounding deve:ocm.nt?, j B. EnOronmental Information 1. Enviro" of the project, site: a. Existing use and structures. - 2 b. Topography/slopes: I I i e. Watercourses: -. "- the -e .0 "%T2P1ore C'? 1±Q?t:i2 `�e!l lrr a arro_io %-v1l!ol'.'? Yes r`ip - Il� If yes, explain in detail (size, aua"tity, location, condition, etc.): �,'iL' tltc prone, rec lire gradlil i'cs No L \es, no',ti rrtarly cubic vards or cut and fill 5. Wdl earthwork be balanced on site? ' Yes No It not balanced, where will dirt be obtained or deposited? b Are there an%, idmi:izble landslides or other major geologic hazards on the property including uncompacted fill? -�'es No 7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation'' Yes � No If ves. exnlnin in riptnil, Distance to the nearest fire station: g. Existing noise sources at the site: -�' ,\' c'--' .1 „ , tbk4 v) LC ro tns Noise or vibration to be generated by the project: 1 l . What energy -conserving designs or material will be used? t I.oe � ti ✓� � C, 1,i -`� �r� .( fin; . ` 1 12. Describe any alteration of the existing drainage patterns or potential for changes in surface or ground water quality or quantity (i.e., Will the flow of any permanent or intermittent surface or subsurface water change as a result of this project? If so, explain how. Will there be any injection wells, septic systems, or other facilities that may affect surface or subsurface water quality?): 8 Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of rrty ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. Date: /�� Signature: For: E ORDINANCE NO. 6 (2002) On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and e strategis to implement the community's on for its future. 2. On November 3, 1998, the City of Diamond Bar adopted a Development Code. Title 22 of the Diamond Bar Municipal Code contains the Development Code now currently applicable to the development applications within the City of Diamond 9-7r. 3. Administering the Development Code for almost four years demonstrated that certain clarifications and modifications are needed based on the City's experience. The City of Diamond Bar has determined that the following existing standards within the Development Code require clarification and/or modification: Article 11 Section 22.10-030, Commercial/industrial District Land Uses and Permit Requirements, Table 2-5 and Table 2-6; Article III Section 22.42.035, Computer Services/Network Gaming Centers; �Lrticle V1 Lection 22.80.020 Definitions of Specialized Terms and Phrases, Definitions, 1111 ; 4. The City Council ?��.® specifically finds and determines that, having considered the record as a whole, including the finding set forth below, there is no evidence before this City Council that the Development Code amendments proposed herein will have the potential of an adverse effect on the wildlife resources or the habitat upon ««©© the wildlife depends. Based upon substantial evidence, .® City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. ftOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain »<f„»< § WW"I I nano r P P Commun*/cultural centers P P P Cultural facilities, libraries and museums P P P Computer Services/Network Gaming Centers CUP Indoor amusement/entertainment facilities CUP Health/fitness facilities CUP CUP Outdoor recreation CUP Parks and la rounds P P P Reli ious laces of wors ip CUP CUP CUP Schools- ublic and rivate P P P Studios -art, dance, and music, hoto ra h , etc. CUP Theaters, auditoriums, meeting halls CUP CUP CUP 0 -9 10MOU"-pp U- J t M1171 Studios -art, dance, and music, photography, etc. Theaters, auditoriums, meetinci halls w HIM E"! D1 4 M . Computers shall be available for use only between 10:00 a.m. a 12:00 midnight on Sunday through Thursday; and between 1 o:o a -m. and 2:00 a.m. on Friday and Saturday; C. Minors (under 18 years of age) shall not enter a computer serVices/network gaming center after 10:00 p.m. unless accompanied by a parent or guardian. d. Hours of operation shall be posted in a conspicuous place; e. A business license shall be obtained, prior to the issuance of Certificate of Occupancy, if required by the City or the County of Los Angeles; Shall provide a waiting area with seating equal to one seat for every four computer stations; and no waiting list shall be maintained beyond the seating capacity of the waiting area; 9. There shall be no loitering around any computer services/network gaming center; business owner shall be responsible for Posting "No Loitering" and curfew signs in front of the business; h. Each Computer services/network gaming center shall provide at least one toilet and lavatory facility accessible to customers and employees; Shall provide one parking space for every 35 square feet of gross floor area devoted to computer stations; J. Shall provide one parking space for every seat in the waiting area; k. Shall provide bicycle parking adjacent to the premises; Floor plan shall be designed in a manner that places the attendant or supervisor on duty in a Poson to see all computer screens; M. Business unit windows and glass doors shall remain unobstructed at all times; all entrances and interior areas shall be adequately lighted, and a lighting plan shall be reviewed and approved by the City prior to commencement of business; n. Entrance doors shall be equipped with an automatic self-closing system; 0 # Walls . � <> 2 « Sf + ktk 2 2 « 12f 2 # d © \/\ . services/network„ . »°^ v:m,«�a:, \� gaming .f,a. :t. adjoining t «>f 2»fs shall � \/tyyyp,,*:,. .,c «#<`# transmission /, .k22f +}y` leastemploy: ^ ^ . . v .».7§ #`� � �■#! other , approved :\\<«*�� . »+3± k2f««k»^f devices wp#««, «. « k2# y „± m +J.y»§«e,f§< computer gaming center b«existence#21»,©, m t adoption of this #r»2anc shall ©-©>xr . .. . a. the t . . . . .a *:+«»■«2©°,,., �� � ©�44f 2 ?t t 4 . 12 ::,. Section »2 w. „yw\S\s\r., . - �©* ..2.«2 ? within . »_: °1«s #:t,pp,a -«;#2{22 2#2°©* * «*. Ordinance. from the =::� »± #vim � .■k w# ra# °- C . contained <© » \\± d ~, 22-80-020., Definitions -§y»+«2 < 23\ Specialized Terms >2# «»ra2w: of Article , T\«„« #,,,? Diamond #4° Municipal v#+± a�s©+<- e,:«,,�:**�„«<to«» 2+m*?I±:Services/Network f:d2±2/»»«rrL «wmea¥ Center. «<:±S ± business ?y2±«\} \\ establishment, that provides «#vet equipment and technology t# dy<f .wd. Multi -player »^ games and ?«?.2»ff# computers available to #42#2»1#°=°#* This .>t of business establishment also *#«» patrons °4 browse the »:«rna-,c\f\< e-mail n download filesS** Section 22 ?.#?? PASSED, `»_» . �---� +■^f#2/#f\» ADOPTED « _ «... �.T COUNCIL .v,. .. �3 »+? ««d+»«° � 2 ■ U ? 2 � © ~ § �� -:.- # THE . DIAMOND �. v ,.� ._:. .«!#2 .: � ° CITY ■- #�f d # \ » BAR. ©.- B Y:\ . Wen P. Chang, MAYO § � ?� � f#\2322 El Em Herrera, Huff, Zirbes, ,- , .,»»,». , C. an. \\N »_„■_ «■2\\y(:�:>___,.. & iii AGENDA ITEM NUMBER: NEPORT DATE: February11 MEETING DATE: February 11, 2003 CASE/FILE U Conditional Use Permit No. 2002-15/Minor Variance No. 2002-10 APPLICATION REQUEST: A request to operate a computer services/gaming center and to reduce the number of required off-street parking spaces. PROPERTY L CATI 1119-1123 Brea Canyon Road, Diamond Bar, CA LakeviewPROPERTY OWNER: .•Corporation,91 b• .• ..• #A-5, Garden Grove, CA 92840 APPLICANT: Jerry Pao (PC Holiks), 13046 Amargoso Street, Rowland Heights, CA 91743 The property owner, Lakeview Village Corporation, 'and applicant, Jerry Pao (PC Holiks), request approval of • • • Use Permit No.11 • r No. 2002-10 (pursuant to Code Sections 22.4 2.035 • 22.10.030 -Table 2-5) t• operate a computer existingservices/gaming center and to reduce the number of required off-street parking spaces within an shopping The commercial shopping center's multi -tenant buildings are on the corner of Brea Canyon Road and • • •- • • - The site is approximately M acres - buildings tM • approximately • 111 square feet.The project suitesIi square feet,addressed • Generally, the following zones and uses surround the project site: to the north is Neighborhoo Commercial -Billboard Exclusion (C -2 -BE) Zone and the SR 60; to the west is the Commerci Planned Development, 20,000-20 _ ') and - east and southDensi Residential Zone .:111 This application r' • -s Conditional Use Permitapproval City's Development Code, Table 2-5, to permit a computer services/gaming center in the Neighborhood Commercial (C-2) Zone (Community Commercial Development Standards). The Conditional Use Permit allows for specified activities and uses as identified in the various zoning districts whose effect on the surrounding area cannot be determined before being proposed for a particular location. Conditional Use Permit applications are reviewed for the location, design, configuration, and potential impacts to insure that the proposed use will protect the public health,safety,w • welfare. This process will all the use to be compatible with t_ surrounding • • • area. The Minor Variance is required pursuant to Development Code, Section22.52.020(D) for decrease of 7.9% (35 spaces) in the number of required off-street parking spaces for the shopping center. Structures with parking space deficiencies r be permitted with a Minor Variance for a decrease of not more than 20% in the number of required off-street parking spaces. The Hearing Officer is the review authority for a Minor Variance. Pursuant to Development Code Section 22.48.030, permits shall be acted upon concurrently ant the highest authority shall make final determination. In this case, the Planning Commission is tht". highest authority. P Holiks is a proposed • • . it i center that will provide - space, equipme . utilizedand technology to make fast, multi -player PC games and high-speed computers available patrons for a fee. Patrons can also browse the Internet, check e-mail and download files. The u by business is approximately1,500 square feetdivided into areas for1 compute for patrons, • • the waiting area for1 patrons, • the restrooms. business is not currently operating. Prior to the Certificate of Occupancy, the Planning Staff w verify the Development Standards and Conditions of Approval are met. • 1 • ! ` : , • ' ! • i ii - ": i �'� � � i � - is 0 operate pursuant to Development Code Section 22.42.035 except for the security guard on-site. The Applicant intends to install a security camera. Conditional Use Permit No. 2002-10, for Gamers-X, allowed the Applicant to utilize a security camera and two full-time employees over the age of 21 in lieu of a security guard. Staff is making the same recommendation to the Commission for this Application. The applicant shall implement and maintain the following operational standards for a Computer Services/Network Gaming Center: Staff and Security 1. Shall provide (2) full-time adult attendant or supervisor, 21 years of age or older Condition for each 1 machines. 2. The applicant see all computer screens. This condition is in lieu of a security guard and revising the site plan in rmanner that places _ attendant or supervisor on position to see all computer screens. Hours of OperationlMinorslLoitering 3. Computers shall be available for only -- 10:00 a.m. and 11 Condition Fridaymidnight Sunday through Thursday; and between 10:00 a.m. and 2:00 a.m. on • Saturday. d,. Hours of operation shall be posted in a conspicuous place. Condition 5. Minors (under 18 years of age) shall not enter a computer services/network Condition gaming center after 10:00• • -R by a parentguardian. • There shall be no loitering around any computerservices/network gaming Condition Applicant shall •• • _• • R curfew signsfront of the business. maintainedWaiting Area 7. Shall have a waiting area for a total of ten seats; and no waiting list shall be Condition beyond • capacity of _ waiting Restroom 8. Shall have at least one toilet and lavatory facility accessible to customers and Two o employees. plan Tenant ImprovementlNoise • Business unit windowsand glass doors shall remain unobstructed at all times; Condition shallall entrances and interior areas shall be adequately lighted, and a lighting plan be reviewed and approved by the City prior to commencement of 1 - doors shall be equipped with an automatic self-closing system. Condition 11. Walls separating the computer services/network gaming center from adjoining Condition uses shall comply with the sound transmission code rating of at least 45 or employ other noise attenuating devices as approved by the City. Bicycle Rack 12. Shall provide bicycle parking adjacent to the premises. Condition 0 Adult-Orented Internet SiteslAlcohol 13. Accessing adult-oriented internet sites shall be prohibited unless the business Condition has an adult business permit; business owner shall provide filters for the computer network to prevent user(s) from accessing adult web sites. 14. Alcohol consumption shall be prohibited. (The applicant will sell soft drinks) Condition Additional Conditions from Code 15. A computer services/network gaming center shall not be operated in a Condition detrimental manner (i.e., loitering, creating excessive noise, etc.) to adjoining businesses and the community. Business License The City contracts with Los Angeles county to issue its business licenses. At this time, the Coun does not require a business license for this use. I Los Angeles County Sheriff Department This business is not currently open. Therefore, the Sheriff's Department has not had any calls to the site. The Applicant filed a revised floor plan that decreases the number of computers by two and increases the waiting area to ten. This differential requires a parking requirement, from 36 to 35. The shared parking analysis report was based on the previous floor plan. Staff's discussion is based on the shared parking analysis report and the revised floor plan. ® Shared Parking Analysis/Study Parking spaces in the center 410 Required spaces for center (prior to this application) 410 Parking spaces required for new use 40 Allotted parking spaces for retail 5 Sub -total required 35 ,tevised number of spaces required for center 445 Reduction of Parking Spaces 35 or 7.9% Though there is minimal parking in the rear of the center, all employees are encouraged to pa there to leave parking in the front for customers. Staff the existence of a shared parking an access agreement and the common use of ingress/egress, walks, etc. with the Manageme Company. 1,15701MINUMEEHIMI, MUM MAMAN INER-MMIN W;M,0*J,OJWQ HOMAIRREHIMM 59 the existing mix of uses prior to this application. The use of computer services/gaming center as proposed (revised floor plan) requires a total of 40 spaces: one for each computer and 10 for those waiting. Five spaces are included in the original mix for a retail use, so the revised total of parking spaces required is 35. The conclusion of the Shared Parking Analysis report is based on a typical Tuesday from 11:11111 a.m. to 9:00 p.m. The peak -shared demand for parking is noted between 12:30 p.m. and 1:00 p.m. for the existing uses. This report indicates that 78 spaces are available. This use requires 35 of those 78 spaces. Therefore, there are enough vacant spaces for this use with 43 open regular spaces plus the disability spaces on-site. Staff requested review of the parking analysis by the City's Traffic Engineer, Warren Siecke. Mr. Siecke supports the methodology and conclusion of the analysis that shows excess parking on site that would support a Minor Variance for reducing the required number of parking spaces by 35 spaces or 7.9%. However, he thinks it appropriate to study site conditions on Saturday instead of Tuesday. Therefore, staff is recommending a continuance of this item in order to allow the Applicant ample time for a revised Shared Parking Study based on a Saturday. The existing parking lot lighting is adequate. A site visit indicates the parking lot is in good condition. The driveway approaches are also in good condition. Therefore, the applicant is not required to re -surface, re -stripe, and/or repair the parking lot and driveway approaches. The project site contains existing landscaping. A site visit indicates that the landscaping is in a reasonably good condition. The plants are green and free of weeds. Therefore, the applicant is not required to provide additional landscape improvements as part of this'project's conditions of approval. Signage is not a part of this application. Proposed signage will be reviewed at a later date by staff. . However, the owner has been notified to remove the existing PC Bang banner immediately. The Ilegal banner/sign*was placed by a former tenant. The Public Works Division and the Building an! Works has no conditions. Building and Safety's comments will be in the conditions of approval. § 1,9 Safety Division reviewed this project. Public ornments include handicap issues and their R A condition will be added to the resolution of approval regarding operational standards to ensu compliance with all conditions of approval and applicable codes. The Conditional Use Permit subject to periodical review. If non-compliance with conditions of approval occurs, the i Commission r review -ConditionalUse Permit and additional to added. On January 29, 2003, 345 property owners within a 700 -feet radius of the project site were notifi by mail. On January 31, 2003, this item was advertised in the San Gabriel Valley Tribune and t Inland _Valley Daily_Bulletin newspapers and a notice of public hearing on a display board w posted - - i • ^• 'i -g. - places were posted within the vicinity of the application. Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has ,ietermined that the proposed project is Categorically Exempt pursuant to the guidelines of the California Environmental Quality Act of 1970 (CEQA), Section 15301 (c). Staff completed a review of the proposed project and feels it is necessary to continue this projec) to a future public hearing date to allow the applicantto submit and have reviewed by writingCity's Traffic Engineer a Shared Parking Study based on a Saturday. At the of -•• . Applicant has chosen• have a revised report to the City. The traffic analysis will be • the first availableSaturday. Should 1 i 1 • the case, staff is unable to support the Minorand would recommend denial •proposed project. respectWith • this application r-• - • Commission a: the option to •• the following: 1. Direct staff to continue this project to a future public hearing date in order to allow the applicant time to submit a Shared Parking Study based on a Saturday. 2. Direct staff to prepare a resolution of approval with or without conditions. 3. Direct staff to prepare r•. resolution •... •` • r RECOMMENDATION: Staff recommends that the Planning Commission open the Public Hearing, receive testimon discuss the project, and continue ConditionalUse Permit No. 2002-15/Minor Variance No. 200_.,. 10 to a future hearing date to allow the Applicant to submit a Shared Parking Study based on .r day. 9 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 r d Municipal • • 2. The proposed use is consistent with the General Plan and any applicable specific plan. 3. The design, location, size and operating characteristics of the proposed use are compatible with r I • and future r • uses in the vicinity. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility adjoining r: • uses, I • the absence • physical constraints. 5. Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Qualityi 1, There are •ercircumstancesapplicableto property • location, ♦ •. surroundings, or other conditions),• that the strict applicationof Development Code denies the property owner privileges enjoyed by other property owners the vicinity .. • under identical • • districts or createsan . .. r w. • • created, hardship or unreasonable regulation which make it obviously impractical to requi compliance with t. development 2. Granting the Variance is necessary for the preservation and enjoyment of substantial prope rights possessed • other property • .. ..in the samer •zoning districtr • • • �. • to the property owner for which the Variance is sought; 3. Granting the Variance is consistent with the General Plan and any applicable specific plan 4. The proposed • • not be detrimental • the public interest,health, convenience, • of r • 5. The proposed . . been reviewed in compliance with the provisions of r r • rEnvironmentalQuality Prepared • Linda" ! •Services Assistant F - FAIqT0ffR0AjM Applications; 2. Warren - . r Comments • Shared ParkingStudy, January 11 3. Lin Consulting, Inc., Shared Parking Study, December 12, 2002; 4. Site photos and key diagram; 5. Opposition 1/ DonaldTaylor; • Exhibit "A"plan,•• plan, dated February11 7 alff, T" =I--, I t5 It Fax m. An application fee in accordance with Section 22.4 4.040 of the Municipal Code must accompany this Application. The application fee is either a flat fee or a deposit plus payment of the City's processing costs computed on an hourly basis. The applicable fee or deposit amount for this application is indicated above. If it is a deposit, the applicant shall pay any processing costs that exceed the amount of the deposit prior to issuance of the permit; if processing costs are less than the deposit, a refund will be paid. NOTE: It is the applicant's responsibility to notify the City in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: / certify that / am the owner of the herein -described property d pe anrmit request. the applicant to rile this U M. (All record owners) Certification: /, the undersigned, hereby certify under penalty of perjury that the information herein provided is correct to the best of my knowledge. Print Name -1f-- 9- E&EM (Applicant or Agen—t) -ocation of project IH1 arI4 11,2-5 (Street address or tract and lot number) Date 404 /-0-2-- '-oning Numbering Map Irevious Cases 0 "Diamond O N s Area devoted to structures Landscaping/Open space K City of • i .a 21825 E. Copley (909) 860-2489 Tel. 'I• i•Fax. 1119 & 1123 Brea Canyon Road Diamond Bar, CA 91789 Re: Conditional Use Permit No. 2002-15 for the Property Located at 1119-1123 Brea Canyon Road Below are items that need to be addressed per Ordinance No. 6 (2002). ' _ 1. Number of ogees Adult endant or upervi�o ®ihere will be (2) employees over the age o working at the same time to supervise the store. Either a Manager or a Superviso i be present at all times. The store will limit the access of minors under the age of 13 at 10:OOpm. The store will have a sign letting customers know 16 and over after 10:00pm. The store will have video cameras for security to watch over operations an � p d customers. If needed, the store will have security guards as well 2 hours of Operation — Mon -Fri 11:00am—12:OOpm; Sat- 11:00am-2:OOam. 3. Waiting Area — Waiting area will have one seat for every four computer stations, There wile a total of (30' computer stations in the store. The waiting area will have seating for -10 people. s . 4. Plans — Please see updated Floor Plan. 5 Adult-oriented Internet — Please see Memo. 6. Parking — Please see Parking Analysis. Sincerely, Jerry Pao PC Holiks, Inc. From: Jerry Pao CC: Linda Smith PC Holliks, Inc. Date: 12/17/2002 Re: Adult-oriented Internet Filter System 4 The store will be using many different types of filtering systems to prevent users from accessing adult websites. 1. SafeSurf Program - SafeSurf has recently launched the SafeSurf Internet Filtering Solution for schools, libraries, ISP's and corporations. Our solution is a server solution, which means that . the software is not installed at the end user's computer, but at the ISP level to avoid tampering. NetNanny is another program the store might use to Filter Adult Websites. 2. Use of any 'type of shareware or freeware that will filter adult-oriented content. Filter Gate is a 4 -in -1 filtering package that allows you to remove web advertising and popup windows as well as protect your privacy and filter adult content. It uses a patented filtering technology to analyze each web page decides whether the content is an advertisement or promotion, a friendly cookie or a rogue cookie. You can exclude sites from being filtered, set custom filtering parameters and more. Filtering is based on an internal filtering engine, which can be updated online. You also choose to turn off all banner sized graphics, as well as all offsite graphics, blinking text, background music and more. Filter Gate does not require you- to set proxy settings in your browser. 3. The store will also utilize the server with a log in system program that logs in users as well as prevent users from entering adult websites. vl'�0 VAMANCE APPLICATION NMNM vti,�O' 'U14 -r -F, �' Phone ( pax ( (Lost name first) resPOnSMITEY to notify the city in writing of any change of the princiPals involved during Elie procelssiny of , twS ewe, aCh separate sheet, if necmsary, including names. auddresses, and signatures of n-Mbers of pamersmps, )orations.) joint ventures. and directors of Sew: rerdA f C 0 wn U F Or th e heFein des vFffia d ppoperry and poFvJJ& the applicang to e #his Move ed Date undersigned, hereby eeprtft under penally ofpepjupy th" Cho jovopmfijon lappuln pro , v dad is cormcl to lh& base of my ®r ^xorn) 9 DA'fE: January 13, 20CS [ C, Per our request, I have reviewed Si Parking Analysis following • „ -. 1. 1 believe their methodology is correct for the weekday condition, however, due to the popularity of the World Market, I think it would also be appropriate to study the conditions on Saturday. 2. Overall, there appears to be adequate parking, however, I am concerned about the impact of the project on Paco's Tacos. The most convenient parking for the project will be in the area that is probably used by Paco's patrons (Areas 1, 2 and 3). During the peak demand period, 11:30 — 1:00, the study indicates the current parking demand is approximately 90 percent of capacity with only 3 to 4 spaces unused in this area. Please contact me if you need more information. bb\1119-1123 brea cyn comments t3 LI1� Consultin Inc,=Traftic. Civil and Electrical Considting En �7illeery December 12, 2002 Mr. Jerry Pao PC Holiks 18046 Amargoso Street Rowland Heights, CA 91748 Re: Shared Parking Study ® PC Holiks Dear Mr. Jerry Pao: L C a' 21660 E. Copley Drive, Suite 270 Diamond Ear, CA 91765-4177 Tel (909) 396-6850 ® Fax (909) 396-8150 E-mail: inbox@linconsulting.com P9122 Per your request, we have conducted a shared parking study for the proposed PC Holiks, located at 1119-1123 Brea Canyon Road in the City of Diamond Bar. This letter briefly presents our methodology and findings in regards to the adequacy of parking spaces. The property is situated at the northwest corner of the Diamond Creek Village Shopping Center (See Exhibit A). The major cross streets are Brea Canyon Road (lel/S) and Golden Springs Drive (E/W). Combined units of 1,500 square feet will be used by the project for multimedia internet retail facilities with a proposed capacity of 30 PCs. Existing tenants in the shopping center includes grocery stores, retail stores, restaurants, fast food, etc. as listed in Table 1. The parking lot provides a total of 396 parking spaces including 14 handicapped parking spaces. r The parking requirement of the proposed business operation that facilitates retail computer networking/gaming has not been defined in the Diamond Bar unic " I Code. The Cit suggested that "this use's intensification requires 36�parking spaces on-site' F in the application review of the Conditional Use Permit in the letter dated October 30, 2002. "providing professional services with blest value and quality on time and within budgets" Shared Parking Study PC Holiks December 12, 2002 Page 2 of 3 A parking survey has been performed to count the actual number of vehicles parked in the parking lot for ten hours between 11 a.m. and 9 p.m. on Tuesday, December 3, 2002. Each parking area has been numbered for observation purposes. The counts were performed every half hour at each area, and the results are shown in Table 2. At the time of survey, there is no vacant unit in the shopping center except the retail store expansion which is under construction. The Diamond Ear Municipal Code has been used to determine that one parking space is required for each 250 square feet of retail store. Therefore, for the 5,000 sq. ft. expansion of retail store, the maximum parking demand is 20 parking spaces. Shared parking analysis is used to evaluate project parking requirements with the actual number of parking spaces available based on field survey. These relationships have been illustrated in the demand chart by hourly accumulation (see Exhibit ). The parking survey found that the peak parking period occurs at the 12:30 pm when 298 out of 396 parking spaces were occupied. Considering that 20 additional parking spaces reserved for the retail store expansion, a minimum of 78 parking spaces would be available for the project (see Table 3). In summary, this shared parking analysis found that the existing parking capacity would be adequate for the proposed project demand of 36 parking spaces. Shared Parking Study PC Holiks December 12, 2002 Please feel free to contact our office if we could be of further assistance. Sincerely, LIN Consulting, Inc. A California Corporation ay Hsu7,� Project Manager (Exhibits, Tables) Page 3 ora Exhibit A Source® Property Manager C 0 U O O O. C O A C lL O. E O U C (D E U 0) w C m E U .0 13 A d O O_ N 0 'D C) Nr® M o® N N o N N N N M c® o N N N NNT N N N N N N N u7 ®� NN NLo co 0) ® Cl) N r1 a N d �% N N M N 617 � M M N M 0 0 0 0® o CM N N 0 u7 0 N N�- -- ------ ®® N® o co co N U) r® r-- N(D 00 00 o co(D0c) 00 r® 3- r r N c» In u7 ti M N M N N N N Lo u7m Lo M e N Lo -'TN N m M N N N P o 0 0 0 o o c o 0)(D 00 00 co 0) N M 0 co 00 N 00 w M ---- - - Co N M .® r N N, 0 o. N N N -- -- -- r® o 00 N 0® N o'T o o 00 N v® N N r® N N N ' .co --- - - Pv LO h 0 CD �- 00 00 co 00 o o - oo t17 : N CD N N N N r �- o- N .® �.� L;M -- N ® P® "Zil N 0 0 i® 0 ` N Lo o N r N N Nr ® h 0®0 (® 0) cD N U') U') o N — - �- P- r — .-— — ® CD 00 00 cA 0 -- - -- M r— r v- — r r o� o® 00 0'� P—�® M N N co N LO o N o 0 00 CD N co M C) wU�) N m 0 . . . � � � � P .®Lo L) to 0 0 C) N 0 0 ®P M r o. N N N N N N N� co CD 0 N� 00 w o r� .- � C' V M 00 00 0® o o Cy) o �- o C) - - N r- v® N ® - r N N e- v® N N r- 0 r- ® ® ® ® ® o CA o Co ® "T "T cD o (D. t17 � tD o r� o N ®% o o to 0o co to N M 0 No® M. - C� eC- 0 rs I®' o Co LOI r®i M o f® Fa tl7 LO U-) u7 'I 617 d tC7 M. N - 0 0! o 0 �1 CL 2 . mi ICLL) a 0. a_ a_ a_ M 0 M 0 0 0 0® M 0 o® 0 0' 0 0 0 ®i 0l '® o® M ® M ® C'9 ®' M ® 0 Co ® M.o tri LO w 6 w; 6 TABLE 3. PARKING AVAILABILITY / )--`2 P9122 PC Holiks No (a) (b) (c) (d)=(a)4b)-(c) Time Total Space Total Parked Reserved for Vehicle Retail Store Expansion Available Space for the Project 11:00 AM 396 207 18 171 396 233 19 11:30 ,4M 144 20 12:00 PM- -----396 -------275 101 396 20 12:30 PM 298 78 1:00 PM ---- - 396 277 99 1:30 PM 396 266 20 110 257 20 2:00 PM 396 119 223 20 2:30 PM 396 153 3:00 PM 396 7--218 19 159 396 236 19 3:30 PM 141 4:00 PM - 396 246 18 132 4:30 PM 396 232 147 17 5:00 PM 396 ------- -2.35- 16 145 5:30 P - M - 396 239 17 140 6:00 PM 396 231 17 148 6:30 PM 396 222 18 156 7:00 PM 396 212 18 166 7:30 PM 396 198 18 180 8:00 PM 396 155 -- 223 8:30 PM 396 120 —18- 15 261 9:00 PM 396 64 13 319 9 A c� VVd 6 0 a� Wd 9 U) a) m cl VYd L M w . Wd 9 13 b �G C) ® ® LO �M M ® M C Nd t? Nd £ i Yd Z id L Id Zl I b �G C) ® ® LO �M M ® M C .31 ol 3. SIDE VIEW WITH SUBJECT SITE (NEAR LEFr) 4. SIDE VIEW WITH SUBJECT SITE (FAR RIGHT) — ONALD TAYLOR P.O. BOX 8475 or"r IMIJ13 A, 9 .'1 ATTACHMENT "5" SUBJECT: COMPUTER GAMING CENTER CUP NO.'2002-15 AND MINOR VARIANCE NO. 2002-10 1119-1123 BREA CANYON ROAD Pay attention to the Sheriffs Department warnings about these uses! If you have to approve this use you should consider requiring the property owner to pay for the Sheriffs timein policing the site. Otherwise resources that should go to the rest of the community will be devoted to policing this site. You should also consider a limit on the hours of operation so that the site is not a nuisance in the middle of the night like so many of the others. Thank You for your consideration. 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Lo T00[p] YVA tz:zg MON E0/01/zo NOTICE OF P LIG � ETING�u AND AFFIDAVIT OF POSTTNGfi' STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On February 11, 2003, at 7:00 P.M., the Diamond Bar Planning Commission will hold a regular meeting at the South Coast Quality Management District, 21865 East Copley Drive, Diamond Bar, California. c Items for consideration are listed on the attached agenda. I, Stella Marquez, declare as follows: I am employed by the City of Diamond Bar, Community and Development Services Department. On February 7, 2003, I posted a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on February 11, 2003, at each of the following locations: South Coast Quality Management Heritage Park District Auditorium 2900 Brea Canyon Road 21865 East Copley Drive Diamond Bar, CA 91765 Diamond Bar, CA 91765 I declare under penalty of perjury that the foregoing is true and correct. Executed on February 11, 2003, at Diamond Bar, California. Stella Marquez Community and Development Services Dept. gMaffidavitposting.doc and is ready. 6r File reyie ed, by d s6ciotCltnbyCyek