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HomeMy WebLinkAbout02/25/2003`� yam/ ,w�`Fq'3�y 3` �: �t�• Februry 25, dX` a S 7:00" South Coast Air Quality Management District Nearing Board Room 21865 East Copley Drive Diamond Bar, CA ChairmanJoe Ruzicka Vice Chairman Steve Tye Commissioner Steven Nelson Commissioner Dan Nolan Commissioner Tanaka 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 29325 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 Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting must inform the Dept. of Community & Development Services at (909) 396-5676 a minimum of 72 hours prior to the scheduled meeting. Please refrain from smokin4, eating or The City of Diamond Bar uses recycled paper drinking in the Auditorium a,, -- "'ay`' Y'- "' -- 1— " "" City of Diamond Bar Planning Commission MEETING RULES PUBLIC INPUT The meetings of the Diamond Bar Planning Commission are open to the public. A member of the public may address the Commission on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar Planning Commission. A request to address the Commission should be submitted in writing at the public hearing, to the Secretary of the Commission. As a general rule, the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit individual public input to five minutes on any item; or the Chair may limit the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Commission. Individuals are requested to conduct themselves in a professional and businesslike manner. Comments and questions are welcome so that all points of view are considered prior to the Cotnmission making recommendations to the staff and City Council. In accordance with State Law (Brown Act), all matters to be acted on by the Commission must be posted at least 72 hours prior to the Commission meeting. In case of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Commission may act on item that is not on the posted agenda. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COMMISSION Agendas for Diamond Bar Planning Commission meetings are prepared by the Planning Division of the Community 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. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. The service of the cordless microphone and sign language interpreter services are available by giving notice at least three business days in advance of the meeting. Please telephone (909) 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 NITMBERS 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 PLEDGE Next Resolution No. 2003-06 ROLL CALL: COMMISSIONERS: Chairman Joe Ruzicka, Vice -Chairman Steve Tye, Steve Nelson, Dan Nolan, and Jack Tanaka This is the time and place for the general public to address the members of the Planning Commission on any item that is within their jurisdiction, allowing the public an opportunity to speak on non-public hearing and non -agenda items. Please complete a Speaker's Card for the recording Secretary (Completion of this form is voluntary.) There is a five-minute maximum time limit when addressing the Planning Commission. The following items listed on the consent calendar are considered routine and are approved by a single motion. Consent calendar items may be removed from the agenda by request of the Commission only: 4.1 Minutes of Regular Meeting: February 11, 2003 OLD BUSINESS: 5.1 Conditional Use Permit No. 2002®05, ®evel®pment Review 2002®07, and Tentative Marcel Map No. 26771 - The proposed project is a request for approval of a Conditional Use Permit, Development Review, 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) (Continued from February 11, 2003) Project Address: 850 Brea Canyon Road Diamond Bar, CA 91765 February 25, 2003 Page PLANNING COMMISSION Property Owner: Louis MarceUn 2O328FuertoDrive Walnut, CAU178S Applicant: Phil Williams (Extended Stay America) 252SCherry Avenue, #310 Signal Hill, CA8O888 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, Mitigated Negative Declaration 2002-07 was prepared and is available for review at City of Diamond Bar Community and Development Services Department/Planning Division during regular business hours. Comments regarding the Mitigated Negative Declaration were accepted until October 22.2OO2. Recommendation: Staff recommends that the Planning Commission receive e report from Shsff, and after consideration of the evidence presented in connection with the project proposal, adopt the attached mao|udnnm recommending that the City Council conditionally approve Conditional Use Permit No. No. 2002-05. Development Review No. 2002-07, and Tentative Parcel Map No. 2G771. 7.1 Conditional Use Permit No. 2002-08, _ fariance No. 2002-01_99d Mitigated Neg ve Declaration No. 2002-09 - Pursuant to Chapters 22.58 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 request approval of a Variance to permit less than the minimum number of required on- site parking spaces for a church use. The subject building is situated on a 40,750 square foot lot that is located in the Commercial-Manuf actu ring (CM) zone with a consistent underlying General Plan Land Use designation of Commercial/Office (maximum 1.0 F.A.R.) (Continued from January 28, 2003) Project Address: 23425 Sunset Crossing Road (APNO7OO-001-008) Diamond Bar, CA817O5 February 25, 2003 Page 3 PLANNING COMMISSION Property Owner: Diamond Bar Properties (Nora Ripper) 9454 Wilshire Boulevard, Suite 602 Beverly Hills, CA 90212 Applicant: Global Mission Church (Daniel Kim) 3032 Hacienda Boulevard Hacienda Heights, CA 91745 Environmental Determination: This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, Mitigated Negative Declaration No. 2002-09 was prepared and is available for review at City of Diamond Bar Community and Development Services Department/Planning Division during regular business hours. Comments will be received until February 7, 2003. Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2002-08; Variance No. 2002-03, and Mitigated Negative Declaration No. 2002-09, Findings of Fact, and conditions of approval as listed within the draft resolution. 7.2 Conditional Use Permit No. 2002-15/Minor Variance No. 2002-10 (pursuant to Code Sections 22.58, 22.52, 22.42.035 and 22.10.030 -Table 2-5) .is a 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. (Continued from February 11, 2003) Project Address: 1119-1123 Brea Canyon Road Diamond Bar, CA 91765 Property Owner: Lakeview Village Corporation 12901 Harbor Boulevard, 4A-5 Garden Grove, CA 92840 Applicant: Jerry Pao 18046 Amargoso Street Rowland Heights, CA 91748 Environmental Determination: The City has determined that the proposed project is categorically exempt pursuant to the guidelines of the California Environmental Quality Act (CEQA), Section 15303(c). Recommendation: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2002-15/Minor Variance No. 2002'10. Findings of Fact, and conditions ofapproval aalisted within the draft resolution. 9. INFORMATIONAL ITEMS: 9.1 Public Hearl g 10. SCHEDULE OF FUTURE EVENTS: PARKING RESTRICTION CITY COUNCIL MEETING ADMINISTRATIVE REVIEW TRAFFIC AND TRANSPORTATION PUBLIC SAFETY COMMITTEE MEETING Tuesday, February 25.2OD3-0:30p.m. AOMD/Govt.Center Auditorium 21865 E. Copley Drive Thursday, February 27,2003-7:0Op.m. AQMD/Guvt.Center Hearing Board Room 218S5E.Copley Drive Tuesday,March 4, 2003 — 6:30 p.m. AOMD/8oN.Center Auditorium 21885E.Copley Drive Tueodey, K8omh 11. 2003 —G:O0 pm. AQ[ND/Bmvt.Center Auditorium 21OO5ECopley Drive Tuemdey, March 11. 2003-7:00 pm. AOK8O/Gmvt.Center Auditorium 218S5ECopley Drive Thumday, March 13, 2003-7:00p.m. A(JW1D/Gmvt.Center Hearing Board Room 21U05E.Copley Drive Monday, March 3.2DO3-7:0Opm. Walnut/Diamond Bar Sheriff Station IN -4 '4111 Chairman Rudokacalled the meeting \norder eU7:O4p.m.inthe South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Dhve, Diamond Bar. California 91765. Vice Chairman Tye led the pledge ofallegiance. Present: Chairman Joe Ruzicka, Vice Chairman Steve Tye, and Commissioners Steve Nelson, Dan Nolan, and Jack Tanaka Also Present: James DeStefann' Deputy City Maneger, Ann Lungu, Associate Pbmner, Undo Smdh, Development Services Assistant, Stella Marquez, Administrative Assistant, and Milan Garrison ofLD|NAssociates 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offerec C. APPROVAL OF AGENDA: As presented & CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of January 28, 2003. VC/Tye moved. C/Tanakaaenonded. to approve the January 28. 2003. minutes with the following correction: Change 50percent 1o15percent in the sixth sentence ofparagraph 3onPage S. Without objection, the motion was aoordered. 5.1 Develo3ment Review 2002-07- Conditional Use Permit No. 2002-05 FEBRUARY 11, 2083 Page PLANNING COMMISSION square feet ofgross building area. The proposed development will be located unanapproximate 8.5Ogross acre site. (Public Hearing closed on December 1O.2OO2j PROPERTY OWNER: LouiayNameUin 2O32GFuerteDrive Walnut, CA 91789 APPLICANT: Phil Williams (Extended Stay America) 252SCherry Avenue #31O Signal HU/, CA 90806 DCN1/D ��fa - e � nopnaoentad m��#'o report. Staff recommends that atthe request ofthe applicant, the Planning Commission continue this matter tnthe February 26.20O3meeting. VC/Tye moved, O/No|an seconded, to continue this matter to the February 25.2UO3meeting. AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, VC/[ye. Chair/Rurioko NOES: OOk8K4/GG|DNERS: None ABSENT: COMMISSIONERS: None 8. OLD BUSINESS: None 7. PUBLICHEARyNG(S)/ 7.1 Devel ament Review 2002-33 Minor Conditional Use Permit 2002-05 FEBRUARY 11, 2003 Page3 PLANNING COMMISSION Conditional Use Permit hoallow for nine (9)foot high tennis court fencing.a Minor Variance topermit eight feet high retaining walls, and aTree Permit Vo - remove and replace protected tree species. PROJECT ADDRESS: 229USRidge Line Road (\PN8718-OO5'DO6) Diamond Bar, OA91785 PROPERTY OWNER: Chuck and Leann Nguyen 24144 Benfield Place Diamond Bar, CA31765 APPLICANT: JN Design & Associates 10181 Westminister Avenue, Suite 218 Garden Grove, CA 92843 PC/Garrison presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-33, Minor Conditional Use Permit No. 2DO2'O5.Minor Variance No. 2OU2'O9and Tree Permit No. 2O02'08. Findings nfFact, and conditions cfapproval aalisted within the resolution. Joseph Nguyen, project manager,stated heread staff's report and concurs with the conditions of approval. Chcir/Ruzickaopened the public hearing. There being noone who wished Vospeak onthis item, Chair/Ruziokaclosed the public hearing. Mo N 1] 1 a 1! 0 PON Call vote: Nelson, Nolan, Tanaka, VC/Tye. Chair/Ruzicho mone FEBRUARY II'2O03 Page PLANNING COMMISSION _ 7.2 Conditional Use Permit No. 2002-19 — Pursuant to Code Sections 22.58, 22.42.035 and 22.10.030 Table 2-5, this project is a request to allow a computer services/gaming center in an existing shopping center. A computer services/gaming center is defined as a business establishment thal provides the space, equipment and technology to make fast, multi -player PC games and high speed computers available to patrons for a fee. PROJECT ADDRESS: 234B9Golden Springs Drive Diamond Bar, CAS1785 PROPERTY OWNER: DBVStar, LLC P.[}.Box 515G Diamond bar, CA91785 APPLICANT: Jechua(Kim 175GAutumn Glow Drive Diamond Bar, CA 91765 A0000P/Lungu presented staff's report. Staff recommends Planning Commission approval Conditional Use Permit No. 2OD2-1S.Findings nfFact, and conditions o/approval aalisted within the resolution. Chuir/Ruziokacommented that heliked the format ofstaff's report inwhich the requirements for approval were buUeted. Hefelt kwould bebeneficial Vo continue this practice. He felt it would improve Commissioner's ability to review the resolution. C/Tanaka asked what the process was for removing the Conditional Use Permit if the applicant did not meet the conditions. explained that the process for revocation of aConddinne Use Permit issimilar to approval ofaConditional Use Permit. Notice would-- Ueprovided 0othe applicant inorder togive the applicant anopportuni�o uornx�the violation. !f|heappUcan8fai|ed1ocomp|y.apub/ioheahng—`would be hheldt000no�ermodihceUon to the conditions of approval or ���of the operating permit. Jcchual Kim, applicant said he concurred with staff's report and would follow FEBRUARY 11,2003 Page PLANNING COMMISSION required to conduct his business. He felt it was not necessary. He recommended one employee for every 2Ocomputers and one employee for every 2Dcustomers. Chair/Ruziokaopened the public hearing. Them being no one who wished to speak on this matter. Chair/Ruzioka closed the public hearing. VC/Tye asked that the bullet point "accessing adult-oriented Internet sites ahoU be prohibited unless the business has anadult business permit" he stricken. DCM/DeSteh*noexplained tnVC/Tye that the number ofrequired employees is predicated on the number of machines, not on-site customers. VC/Tye felt the condition regarding bathrooms should read: "The applicant shall reduce the number ofstations 1o20nrinstall asecond bathnoom."He asked ifitwas appropriate tolimit the use byminors during school hours. Aaaoup/Lunguaaid that some cities limit the use byminors during school hours in the ordinance and some do not. stated Gamm-Xhas JOmachines and the Planning Commission required them tohave two full time adult attendants. ThehaoUhy was allowed 10utilize acamera system inlieu ofon-site security attendants and the same type of video surveillance could be considered for this facility. C/Tanaka moved, Cheir/Ruzicka aeconded, to approve Conditional Use Permit No. 2002'19. Findings of Fact, and conditions as listed within the resolution. Motion carried by the following Roll Call vote: Nelson, Nolan, Tanaka, VC/Tye. Chai:/Ruzicba None None 7.3 Conditional Use Permit No. 2002-15/Minor Variance No. 2002-10 FE BR0ARYll,2003 Page PLANNING COMMISSION existing shopping center. Acomputer services/gaming center iudefined aaa -� business establishment that provides the space, equipment and technology bomake fast, multi -player PCgames and high speed computers available to patrons for ofee. AMinor Variance iarequested toreduce the number nf required off-street parking spaces. PROJECT ADDRESS: 1118-1123Brea Canyon Road Diamond Bar, CAQ1785 PROPERTY OWNER: Lakeview Village Corporation 12901 Harbor Boulevard A-5 Garden Grove, CAQ284O APPLICANT: Jerry Pao 1BO4GAmorOouoStreet Rowland Heightu, CA 91748 DSA/Smith presented staff's report. Staff recommends that the Planning Commission open the Public Hearing, receive testimony, discuss the project, and continue Conditional Use Permit No. 2OU2-16and Minor Variance No. 2O02-10tomfuture date toallow the City's TnsffkcEngineer anopportunity tn review the Saturday Shared Parking Study. Jerry Pau said he read staff's report and concurs with the conditions cd approval. Cheir/Ruzickeopened the public hearing. Linda Gunn, 1141Hare Avenue, believed this site was different from others housing computer centers. Residences are located much closer Vothis site and she does not want this element in that location. As afmquent user of the Hallmark post office after 1O:ODe.m. there imnoavailable parking. it is inconvenient for her towalk agreat distance due 1oaleg problem. Linda Hedukin.118OHare Avenue, did not want this type o/business inher neighborhood that )malready heavily impacted bytraffic. Since Market World opened there has been elot oftraffic congestion inher neighborhood. She also worried about the late night hours and kids hanging out. She opposed the project. FEBRUARY 11, 2003 Mage 7 PLANNING COMMISSION Chair/Ruzicka closed the public hearing. VC/Tye asked how much, if any, consideration would be given to the fact that 80 percent of the users do not drive. DCM/DeStefano responded that the parking study is typically done by the use and calculated number of parking spaces required for the use or the international traffic engineer's standards for the number of trips generated by each use. To some extent, uses such as bus route traffic are taken into account. C/Nelson asked for confirmation that the Sheriff's Department has received no service calls to the same type of facility (Item 7.1) that has been open for approximately one year. DCM/DeStefano responded to C/Nelson that over one year ago when staff was first looking at the ordinance, the real estate office immediately adjacent to ePC was concerned about debris and smokers at the back door. Since that time, there have been no complaints. The Sheriff's Department has visited the site on several occasions and reported no problems since the business opened. Additionally, there have been no calls for service for Gamers-X. Further, Gamers-X assisted staff with its ordinance and has been a model for the City. So far, they run a clean operation. Apart from knowing how the owner plans to market his business, there is a fundamental assumption that the clientele would be similar to other such facilities. C/Tanaka moved, C/Nelson seconded, to re -open the public hearing and continue Conditional Use Permit No. 2002-15, and Minor Variance No. 2002-10 to February 25, 2003. C/Nelson asked staff to elaborate on the elements in light of existing facilities since the City has experienced no problems with them. Motion carried by the following Roll Call vote: 1 2 Nelson, Nolan, Tanaka, VC/Tye, Chair/Ruzicka None None DCM/DeStefano informed meeting participants that the February25, 2003, Planning Commission meeting would take place in the Hearing Board Room. FEBRUARY 11, 2003 Page 8 PLANNING COMMISSION 8. PLANNING COMMISSION COMMENTS: VC/Tye asked if the City's Neighborhood Improvement Officers could beencouraged tnbe more pro -active with regard to banners, signs, etc. The corner of Diamond Bar Boulevard and Golden Springs Drive imagood example cfbanner blight. DCNVOmGtafano responded that the shopping center is filling up with now businesses and that some of the signs may be permitted. He said he would check with staff todetermine whether the signs were permitted. 10. INFORMATIONAL ITEMS: DCN/DeSkmhannannounced that the City Council would hold a Town Hall Meeting in the SCAQMD/Government Center auditorium on February 25, 2003, to seek community input regarding the City's street sweeping program. Aearesult, the February 25.2UO3,Planning Commission meeting would take place in the Hearing Board Room. The March 11, 2003, meeting involves reorganization of the Planning Commission. The Planning Commissioners Conference takes place inSan Diego inMarch. Please advise AS/Marquez about Commissioners plans 10attend the Conference aasoon ampossible. advised the Commission about Stanley project in"The Country Estates." The design has undergone recent changes that incorporate proposed grading on an adjacent piece of property that lies within the City of Diamond Bar limits and within the County of Loa Angeles' jurisdiction. Recent meetings concluded that the County would not allow Diamond Bar to process that portion of the project that lies within the County's jurisdiction. Based upon the amount /fgrading onthe County side (about 3BO.00Ocubic yards) the project now requires approval by the Diamond Bar Planning Commission and City Council aawell as, approval from the County Regional Planning Commission. Loa Angeles County is also considering o number mfchanges intheir General Plan. Under consideration are possible changes Vmareas west and south cfthe City limits (vacant land between Diamond Bar and Brea). Staff plans to ask the County to consider incorporating about 600 to 800 acres of that land into Diamond Bar. If the Council decides to explore this option, General Plan hearings would be held at the Planning Commission level with recommendations 0qthe City Council. Further, Diamond Bar plans ioask the County not 10 incorporate an overlay of significant ecological area and that any such consideration only include unincorporated property. Additionally, Diamond Bar will ask the County tmexplore ingreater detail a future TonnarCanyon bypass road aspart ofits circulation element. FEBRUARY 11, 2003 Page 9 PLANNING COMMISS.ION DCM/DeStefano reported that the Walnut Unified School District is looking to surplus what may be excess land including Site D and the vacant property on Brea Canyon Road between Pathfinder Road and Golden Springs Drive. 194 -y -T -92M As presented in the agenda. There being no further business to come before the Planning Commission, Chairman Ruzicka adjourned the meeting at 8:24 p.m. James DeStefano, Deputy City Manager Attest: Chairman Joe Ruzicka MEETING DATE: February 25.2003 ~ ' Chairman and Planning Commission FROM: James DeStefano, Deputy City Manager ' SUBJECT' ConditionalConditionalUse PenPe2002-05,Rev�w No �o� 3O02�. Development . 2002-07. and Tentative Pema| Map No. 26771 For Extended Stay America Project Located At 8,50 Brea Canyon Road (APN 8719' 013-010) The comprehensive development project includes: 1 Environmental Mitid Negative Declaration No. 2002-07 2. General Plan Amendment No. 2002-01 3. Zone Change No. 20O2-01 4. Specific Plan No. 2OO2-01 5. Tentative Parcel Map No. 2O771 � 0, Conditional Use Permit Application No. 2OU2-O6 / 7. Development Review Application No. 2002-07 The proposed development project was presented to the Planning Commission at a public hearing on October 22, 2002. The public hearing was continued to December 10 2002 and then continued again toJanuary 2R. 2003. The Planning Commission ad�ptedits Resolution No. 2OU3-U4recommending tothe City Council approval of: 1 Environmental Mitigated Negative Declaration No. 2OD2'O7 2. General Plan Amendment No. 2OO2-01 3. Zone Change No. 2O02-01 4. Specific Plan No. 2O02-01 o General planAmendment. Recommended the City Council approve the requested amendment to the General Plan Land Use Element from Professional Office 0zGeneral Commercial; and o ZgIp_.Q�Recommendod the City Council approve the nequestChange of Zona from M -1 -DP -BE (Light Manufacturing -Development Pla*Biilbomrd o a2999jLE!@E Recommended the City Council approve the requested adoption of a Specific Plan to ensure a comprehensive development and advance the goals and objectives of the General Plan. The public hearing was closed on January 28.2003and the staff was directed to prepare resolutions recommending conditional approval for: 1. Tentative Parcel Map No. 28771 2. Conditional Use Permit No. 2VO2-05 3. Development Review Application No. 2OO2-U7 The project was continued to the Planning Commission Meeting of February 11 2003 The applicant requeo�d000ndm nuanoeUuFaba/y25.20O3hod|owforth*pnap'a�do'' - ofrevised development plans. The proposed project consists of the subdivision of the G��/�i�o�� m Commeia|Condominium for �edmve�pmenkofons�iKco—''mcenter. The proposed projectprojectm� consists of a 116 -room three-story ho&m/. two freestanding restaurants, and two office/retail building pads totaling approximately 70,790 gross y square feet ofbuilding area. ' The development proposal also contains aG8-hoc0high double-faced freestanding pylon sign (440 sq. ft. ofsign face area per side) and six-foot high double-faced monument sign (48 sq. ft, total sign face oreo). The remaining discretionary actions na/a1e directly to approving the intended uoa location, architectural deuign, site plan configuration and the overall effect o/ the ` pmpoaedpn�e��.AddiUonuUy.the division of the single paum|i�oDve|�o allowing� forindependent ownership and financing options." C2.9ditiOnal Use Permit ' Allow for the development of the site as a retail shopping /n each of the City's zoning distriots, uses are divided into twm---u~'~~: permitted | uueo, and permitted uaoa m��to the approval of a Con Ponnh�duses are �nue�' a havebeenua�gqr�edunddwb�nninnmomona Use Permit.� with each other when ne��predetermined standards and momoeoompaUb�setbacks, lot coverage, landscaping, height requirements, etc.) have been met. On the other hand, uses subject to a conditional use permit are those, which have a special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. The approval or denial is at the discretion of the Planning Commission. In both cases, PC 2/25/03 Page 2mm all development must be designed to be compatible with existing and future land uses, and bereviewed through the City's Development Review process. The City's Development Code (Section 2210.O30.Table 2-6)permits the development of shopping centers in the C-2 zone, provided the City's Planning Commission first approves aCUP. The CUP is required todetermine whether the proposed use should be permitted by weighing the public need for and the benefit to be derived from the use against the impact that it may cause, AddkionaUy. this discretionary approval pmneao was onae1ed to ensure that the development pnmpnma| is consistent with the City's General Plan land use policies and zoning standards. In uddition, the discretionary review is to provide for quality site design, layout and architecture; and promote a rational design transition toadjacent properties. The Community D | nkand Services Department and other City Departments and Divisions (i.e. Planning, Building and Safety, and Public Works/Enginee ring) have reviewed the proposed project. The development review process enables the various City Departments and Divisions to check development proposals for conformity with the provisions established in the City's Municipal and Development Code. Additionally, the review process is to ensure that each development proposal is designed to be compatible with any existing structures on-site and/or the neighboring properties. In this way, the quality and economic health of our residential, commercial and industrial districts are maintained. Staff's primary concern centered on the proposed hotel operation. It is intended for occupancies that extend beyond aevom| days. Chapter 316 of the Diamond Bar Municipal Code establishes provisions to collect utransient occupancy tax from the hotel operator for each room that is consecutively occupied up to 30 days. While staff is generally supportive of the use as providing u needed senviue, and recognizes that the nature of the proposed business is to accommodate longer eUayo, we also ommk assurances to prevent the hotel development from becoming a de -facto apartment building. This would result in a substantial |oao in revenue for the City from the transient occupancy tax, and becort/contradictory tothe General Plan and proposed Specific Plan goals and objectives.hhas the ability todiminish the intended retail/commercial land use framework. Therefona, staff muommenUo, as o condition of appnova|, that the transient occupancy tax will be required for each day a mom is occupied in accordance with local and State law. All City Departments and Divisions have reviewed the proposal and based on the submitted desiAn, recommended operating pnoo*dureo, and on' and off-site improvements to improve ingress and egneaa, staff ianfthe opinion that the following required findings (Section 22.58.U4O—Conditional Use Permits of the DBDC) can be made inthe affirmative. 1 The proposed use is allowed within the subject zoning district with the approval of u Conditional Use Permit and complies with all other applicable provisions m this Development Code and the Municipal Code; PC 2/25/03 Page umm 2. The proposed use is consistent with the General Plan and any applicable � ` 3. The design, location, size and operating characteristics o/the proposed use are compatible with the existing and future land uses in the vicinity; 4. The subject,site is r.r=^=",v =v.=u/e for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence ofphysical constraints; 5. Granting the Conditional Use Permit will not bedetrimental tothe public irdemst health, aafety, oonvenienma, or welfare, or injurious to persons, pnzpoMy, o' improvements inthe �cinhyand zoning diathc� in which the property is located; and 0. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). _Rfty!M - Approve the location overall effect of the proposed project. The purpose ofDevelopment Review isW establish consistency with the General Plan through the promotion of high aesthetic and functional standards to compliment and add to the economic, physical,, and social character of the City. The process also ensures that new development and intensification of existing development yields a pleasant living, working, or shopping environment and attracts the interests of residents, workers, shoppers, and visitors as the result of consistent exemplary design. The following provides an overview of the proposed development as it relates to the Development Code and proposed Specific Plan standards, which are intended to minimize adverse effects on surrounding properties and the environment. Minimum Lot Area (For newly created 5 acres 6.50 Yes parcels) (Existing) PC 2/25/03 Page 4mm Front yard setback 10' 20' Yes Side yard setback10' 10' 11' & 65'+ I Yes (each) Pear setback 10' 400'+ Yes Building Height Limit 35' (maximum) 35' Yes Exceeds all minimum Landscaping and As required by Chapter requirements for Yes ®pen Space 22.24 (Landscaping) landscaping (see preliminary Ian Design City Design Guidelines Complies with City design criteria Yes 60' high Freeway -oriented 60' high max. 880 sq. ft. (total for Yes (") Freeway Sign 880 sq. ft. max. double faced sign) 285 minimum parking 301 spaces Yes Parking/Loading 8 loading spaces (min) 8 loading spaces (•) A comprehensive sign program has been incivaea in the aevewpniarn plup—al '­uw, u. V awning, and proposed monument signs that will integrate into the design of the structures to achieve a unified architectural statement. As illustrated in the above chart, the proposed project's development standards meet or exceed the minimum Development Code requirements as they relate to the proposed zoning classification and Specific Plan. The proposed contemporary architectural style will utilize a mixture of natural materials that will be compatible with surrounding development. The proposed buildings will be constructed of wood frame and stucco. Stone veneer has been added to the building exteriors as an architectural embellishment. The use of fapade ,pop -outs" provides areas of interest and they develop shade and shadows that break-up the building mass. The architect has provided a variety of building parapet heights to add interest to the buildings. Awnings have been suggested in certain locations to interrupt the wall mass. The project architect has made an attempt to meet the City's building design guidelines and expectations. PC 2125/03 Page 5 of 10 The only area ofconcern is the rear ofbuilding No. 1. This isthe face ofthe shopping center that will bepresented tothe community. The building issetback 2Ofeet from the Brea Canyon right-of-way. The rear of the building is exposed tothe Vub|/o viewingwindomm along the streetfrontage. If storage and loading activities overflow the capability of the individual lease areas, the general public will be subjected 0n^--'nbviUem that are generally confined toproject interiors. |tiusuggested that the area between the building be screened from public view by the use of walls a snd Dense landscaping should ba installed between the building and the --' frontage assist innbmcuhngthe view ofthe back ofthe building. — '~''`~m~ ^" The proposed freestanding and monument signs reflect the eo:hheoiura| nh|e of the proposed development. Address numbers need k,baadded 0othe freestanding signs. The monument sign will include advertising for the center and the anchor tenant (Extended Stay America). It is suggested that the monument sign be reserved for advertising for only the center and the major tenant. If other tenants require " advertising along Brea Canyon street frontage, the use ofadditional monument signs could "=oonoidennd. The freestanding pylon sign reaches a height ofG0feet. The applicants initially this increase ofsign height and sign area (maximum 10' high and 2"w|de) in exchange for advertising of a public purpose. The applicant has e|~~e" toadvertise the City of Diamond Bar at the bc48mm of the sign where such advertising is visible to the motoring public on the fneewey. The sign area of the freestanding sign ia440square feet per side. The sign hh1heAnovoiunun/the Specific Plan. Howewer, if the Planning Commission finds that the public purposesadvertising is not consistent with the goals of the City, the applicant should be directed toredesign the freestanding pylon sign. Staff had some concerns regarding the ingress/egress 8othe proposed development. The project has a single entry point onto Brea Canyon Road. The applicant md�eo"iyn"vevtheacceoopomt toaccommodate the anticipated traffic volumes. Therefore, it is staff's that implementation othe proposed project will not result in traffic generation above that ofplanned system capacity. However, he and roadway improvements (Brea Road) are necessary to ensure adequate ingm~~^'e~s' from the site ontoBrea Canyon Road. A detailed Traffic Impact nekmin ('` Engineering Group, Inc., May 31. 2002) has been prepared and reviewed bythe City's Traffic Engineer. The following measures will be required as conditions o/ oppmms| to ensure project -related traffic impacts are less than significant. 1 . Provide adeceleration lane into the project site for traffic heading nodh 2. Install raised landscaped median on Brea Canyon Road with left turn �t into the odekxrsouthbound traffic. mp«� 3. Provide a dedicated left turn pocket and signal improvements at Lycoming Street and Brea Canyon Road toallow for signal controlled independent left turns and ^U^'tumofor north bound traffic. PC 2/25/03 Page amm 4. Install a "pork chop" island at the entrance to the site to force traffic north exiting the property. Post "Right Turn Only' signs at the drive exit. The exact location and size to be determined by the City's Engineer. Based on the revised site design and recommended conditions, staff is of the opinion that the following required findings to approve the Development Review can be made in the affirmative. 1. 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; 3. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain and enhance the harmonious orderly and attractive development contemplated by Chapter 22.46, the 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 the California Environmental Quality Act (CEQA). Subdivision (TentativeMai) - Approval of a five (5) lot commercial condominium. (Subdivision Map Act, Section 66426. (c): The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the governing body as to street alignments and widths.) The proposal indicates five (5) parcels, thus requiring approval of subdivision. Based on the submitted proposal, the proposed parcels are not self-sufficient in meeting the City's required independent accessibility to a public right-of-way (Parcels 3, 4 and 5 are landlocked). Therefore, the applicant is requesting approval of a commercial condominium subdivision, which will permit the division of land and allow for independent ownership and financing options. The local subdivision ordinance implements the provisions of the State Subdivision Map Act (hereafter referred to as "Map Act"), Sections 66410 et seq. of the California Government Code. Map Act Section 66426 requires that any subdivision or re - PC 2/25103 Page 7 of 10 subdivision of land shall require the filing and approval �aT��� M� TheTentative Map review process is used to evaluate e — the � compliance nne of the proposed subdivisionthe standards detailed in the City �--''i u�dw�km'~ Ordinance, and the mppmpna�,ne000fthe pmpoaedeubd/�aiondesign. Furthermore, Ch~pter21'22ofthe City of Diamond Bar Subdivision Ordinance requires that a pouc—`} m~' ~ be filed for the subdivision cdfour orfewer parcels. In compliance with Chapter 21 "" of the Subdivision Ordinance, the City of Diamond Bur is authorized to o ePpn�«e all The purpose of the established standards for design and layout ofthe aubdiviskm andconstructionedaukJn.construction or/n�aUa1imncdpublic /mpnoveme�owdhin the subdivision are to provide consistency ofdevelopment with respect tothe General Plan Subdivision Ordinance, and any applicable Spec�rPlan. ' The following table summarizes the essential dimensions of the five (5) parcels (totaling approximately 6.50 acres) proposed under TPM No. 26771: Lot No. Gross TOTALS 6.50 (283,139) Building 7,008 0.223,804 0.978,459 U 0.204,038 0.1347,481 0.3370,7900.25 Commercial projects of this kind, which include common access, parking and on-site maneuvering requirements, are handled through recorded anec�--- reciprocal parking, aoomoom/v maintenance agreement eemon� (�EA). prior �o final mop approval. This ag»oement*nuu»eythattheP«qaot functions a»comprehensive andcohesivedeve|«Pment. Staffnacommendn that an REA be adopted and submitted xo the City for review andapproval. Additionally, the City Engineer has reviewed the pnopomedand recommends several conditions. It is staff's belief that the proposed subdivision �is a reasonable division of land, and together with the proposed provisions its designand is consistent with the General p|on Specific' '"''='" complies with Specific for mm Subdivision Map Act.Therefore, a recommendation i of m� could be justified. mPPnz«�/ t� the City Council PC 2/25/03 Page 8ofm As specified in Section 21.20.060.0 of the City of Diamond Dar Municipal Code, the following are required Tentative Parcel Map findings: 1. The proposed map is consistent with applicable General and Specific Plans; 2. The design or improvement of the proposed subdivision is consistent with applicable General and Specific Plans; 3. The site is physically suitable for the type of development; 4. The site is physically suitable for the proposed density of development; 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or injure fish or wildlife or their habitat; 6. The design of the subdivision or type of improvements are not likely to cause serious public health or safety problems; 7. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. (This finding may be made if the review authority finds that alternate easements for access or use will be provided, and that they will be substantially equivalent to ones previously acquired by the public. This finding shall apply only to easements of record, or to easements established by judgement of a court of competent jurisdiction, and _no authority is granted to the review authority to determine that a public at large has acquired easements of access through or use of property within the proposed subdivision); 6. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Board; 9. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has provided sufficient information to the satisfaction of the City Engineer or Council that conditions can be corrected in the plan for the development; and 10. The proposed subdivision is consistent with all applicable provisions of the City of Diamond Bar Subdivision Ordinance, the Development Code, and any other applicable provisions of the Municipal Code, and the Subdivision Map Act. Furthermore, Section 21.20.090 of the City of Diamond Bar Subdivision Ordinance requires that the review authority adopt the following mandatory conditions of approval along with the approval of a Tentative Map: Require that parcels, easements or rights-of-way be provided for streets, water supply and distribution systems, sewage disposal systems, storm drainage facilities, solid waste disposal, and public utilities providing electric, gas and communications services, as may be required to properly serve the subdivisions. Easements for public utilities shall be limited to those needed to provide service to present and future development; Mitigate or eliminate environmental problems identified through the environmental review process, except where a Statement of Overriding Consideration has been adopted in compliance with CEQA; PC 2/25/03 Page 9 of 10 3. Carry out. the specific requirements of Chapters 21.30 (Subdivision Design enc Improvement Requirements) and Chapter 21.34 (Improvement Plans and Agreements) of this Title; . Secure compliance with "the requirements v/this Title and the General Plan; 5. Require that any designated remainder parcels not be subsequently sold or further ` subdivided'unless a certificate or conditional certificate of compliance (Chapter 21.28)iaobtained /ncompliance with this Title; and h. Require the dedication of additional land for bicycle paths, local transit facilities (including bus tumouts, bencheu, ohabeno, etuj, sunlight easements, and school with in compliance �h Map Ac Chapter 4, Article 8 where required by the General Plan. ' Pursuant toSection 21�0.090mfthe City ofDiamond Bar Subdivision 0�)mmm*the ev�wauUho�ymay a�orequire �ehd�wingo�timn�|nondibnno mapprovm/ ' , � 1.The waiver of direct access rights to any existing or proposed streets; _ The reservation ~ sites for public facilities, including fire stationm librariesand other puNicuses inoomp�noew�h&imPAo Ohap�r4.A�d' �4' ' ' 3. Time limits or phasing schedules hu/the completion dconditions of approval, when deemed eppropho1a;or ' 4. Any other conditions deemed necessary by the review authority to achieve oomps�ibi|ih/be�veenthe pmpomedsubdivision, its immediate ~'and the community, orhoachieve oonai�City State surroundings, RECOMMENDATION: Staff recommends that the Planning Commission receive report from staff, and after m conaidetionoftheovidenoepneomnUed inconnnohonwKhthopn�eotpmp` °"a/ adopt the attached resolutions recommending that the City Council conditionally approve ' Conditional Use Permit No. 2002-05. Development Review No. 2002'07an pa/oe|K8epNo.2O771. u Tentative Approval of the proposed project is based on actions of the City Council. /f the recommended General Plan Amendment' Zone Change and Specific Plan are not approved by the City Council then the review ofthe Tentative Parcel Map,ConditionalUxoPermitandDev*|opmontReviowapp|ivahonoisrenderednnuc*. 1 - Draft Resolution for CUP 02-05 and Development Review 02-07; 2. Draft Resolution for TPM No. 26771; 3. Site Plan, Floor Plan, Elevation Drawings, Photometric Plan, Tree AS Built Survey/Report, Conceptual Landscape Plan, and Conceptual Grading Plan (Exhibit "A", dated February 25, 2003); 4. Comprehensive Sign Program (Exhibit "B", dated February 25, 2003); 5. Tentative Parcel Map No. 26771 (Exhibit "C", dated February 25, 2003). PC 2/25/03 Page 10ofm A. WHEREAS, Phil Williams (Extended Stay America), acting as the agent for the property owner, Louis Marcellin, filed an application for a Tentative Parcel Map No. 26771 to create a 5 -lot commercial condominium for property located at 850 Brea Canyon Road, Diamond Bar, Los Angeles County, California. The subject 6.50 -acre parcel of land is located in the C-2 SP (Community Commercial - Specific Plan Overlay) zone. Hereinafter in this Resolution, the subject Tentative Parcel Map shall be referred to as the "Application"; and B. WHEREAS, On October 9, 2002, Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On October 9, 2002, public hearing notices were mailed to approximately 461 property owners of record within a 700 -foot radius of the project. Furthermore, on October 8, 2002, the project site was posted with a required display board and public notices were posted in three public places; and C. WHEREAS, the Community and Development Services Department has determined that the proposed subdivision represents a consistent, logical, and appropriate division of the subject property that furthers the goals and objectives of the City's adopted General Plan; and D. WHEREAS, on October 22, 2002 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing. At that time, the public hearing was continued to December 10, 2002, and continued again to January 28, 2003, the public hearing was concluded on the Application; E. WHEREAS, pursuant to Government Code Section 66452.3, City staff prepared a written report recommending that the proposed subdivision be conditionally approved, and served a copy of that report upon the subdivider at least three (3) days prior to the aforementioned hearing; and D. WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission has considered the effect of the proposed subdivision, on the housing needs of the region in which the City of Diamond Bar is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the recommendation for conditional approval of the proposed subdivision represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety and welfare; and E. WHEREAS, the Planning Commission has reviewed and considered the environmental information relevant to the proposed project prepared in accordance with the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data, and all written and oral testimony presented. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby finds, determines and recommends as follows: A. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part 1 of this Resolution are true and correct. B. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). The environmental review concludes that the proposed project has been fully evaluated in Environmental Mitigated Negative Declaration No. 2002-07. The Planning Commission has recommended that the Diamond Bar City Council adopt the Mitigated Negative Declaration (MND). Pursuant to Section 15162(a) of Article 11 of the California Code of Regulations, no further environmental review is necessary because the proposed project is considered a minor land division and the potential impacts of this project have been previously evaluated in the Mitigated Negative Declaration. Compliance with the associated Mitigation Monitoring Plan will ensure that any potential significant adverse effect has been mitigated to a level of nonsignificance. The circumstances and impacts evaluated have not changed, and no new information has been made available that would have a bearing on the findings, conclusions and mitigation measures included in the previously considered MND. The mitigation measures set forth in the MND are included as conditions of approval of this proposed project. 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. Rased upon the information and testimony presented, this Planning Commission hereby finds as follows: 1. The use of a parcel map to divide the subject property into 5 Loos is consistent with the provisions of Section 66426 (c) of the State Map Act. 2. The project relates to a parcel of land located at 850 Brea Canyon Road (APN 8719-013-010), Diamond Bar, California. The subject site has approximately 6.50- gross acres of land area. 3. The project site has a General Plan Land Use designation of General Commercial (C), and the Planning Commission has recommended that the City Council adopt a consistent implementing zone of C-2 SP (Community Commercial Specific Plan Overlay) for the subject property. 4. Generally, the site is abutting a C-1 zoned parcel to the north and the Los Angeles County Flood Control Channel. R-1 6,000 zoned parcels are beyond Flood Control Channel. The State Route 60 Freeway abuts the site to the south and east, and R-1 8,000 zoned property are located to the west across Brea Canyon Road. 5. The requested approval of TPM No. 26771 is to allow an approximate 6.50 -acre parcel of land to be subdivided into a five (5) lot commercial condominium subdivision. The applicant has filed a request for approval of plans for a retail/commercial shopping center development consisting of a 116 -room three-story hotel, two freestanding restaurants, and two office/retail buildings totaling to approximately 70,370 gross square feet of building area. 6. The approximate gross land area of the proposed lots described by TPM No. 26771 are: Lot 1, 0.72 -ac; Lot 2, 0.90 -ac; Lot 3, 0.94 -ac; Lot 4, 0.72 -ac; and Lot 5, 3.22 -ac. D. Tentative Parcel Map In accordance with Section 66474 of the State Map Act, the Planning Commission finds that the proposed subdivision is consistent with the applicable general and specific plans. The project site contains approximately 6.50 acres of gross land area with a General Plan's land use designation of General Commercial which provides a maximum 1.0 Floor Area Ratio (F.A.R.). The proposed project complies with the General Plan land use goals, objectives and strategies, and has been designed in accordance with the provisions established in the Brea Canyon Road and Lycoming Street Draft Specific Plan that permits commercial condominium projects provided that the overall site has a minimum lot area of 5 -acres. M 2. The design o improvements proposed with the General Plan and _ Draft Specific The General Plan's land use designation for the project area is General Commercial with a maximum 1.0 F.A.R. The proposed 5 -lot subdivision will allow for a retail/commercial development within that specified threshold. Furthermore, the project has been designed in accordance with the provisions established in the Brea Canyon Road and Lycoming ,Street Draft Specific Plan. Thereby, the proposed use and its conditions promote the General Plan Land Use objective of allowing a diversity of retail/commercial development types under certain conditions. 3. The site is physically suitable for the type of development contemplated by the proposed subdivision. The approximate 6.50 -acre site will be divided into five lots. Gross lot sizes vary between 0.72 acres and 3.22 acres. The proposed retail/commercial development is in compliance with the applicable DBDC development standards, to include the Brea Canyon Road and Lycoming Street Draft Specific Plan, and it has adequate access to public streets and all public infrastructures. 4. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The proposed project is approximately 6.50 gross acres to be subdivided into five lots ranging in size from .072 acres to 3.22 acres. The General Commercial land use designation and Brea Canyon Road and Lycoming Street Draft Specific Plan allows for a maximum 1.0 F.A.R. The project Proposes an F.A.R. of 0.10 to 0.46. Therefore, the density is consistent with the provisions of the Brea Canyon Road and Lycoming Street Draft Specific Plan and the City's adopted General Plan. 5. The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. All substantial environmental issues have been examined and addressed in Mitigated !Negative Declaration No. 200207, which indicated that there would be no impact on fish or wildlife as a result of this project proposal. 6. The design of the subdivision or type of improvements are not likely to cause serious public health or safety problems; The design of the subdivision or type of improvements is not likely to cause serious public health problems due to the requirements of the City's Building and Safety Division, Public Works Division, and public safety departments. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be M detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. ; Conditions of approval are incorporated into the project, which provide for on- and off-site improvements to include installation and maintenance of utilities, drainage and appropriate access easements. Therefore, the design of the subdivision and improvements will not conflict with easements, acquired by the public at large, for access through or the use of property within the proposed subdivision. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Board (CRWOB); The proposed project will utilize an existing public sewer system that is consistent with the requirements of the CRWQS. 9. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has provided sufficient information to the satisfaction of the City Engineer or Council that conditions can be corrected in the plan for the development; All soils and geological hazard concerns have been considered and adequately addressed in the MND No. 2002-07. There will be no significant impacts as a result of the proposed project. 10. The proposed subdivision is consistent with all applicable provisions of the City of Diamond Bar Subdivision Ordinance, the Development Code, and other applicable provisions of the Municipal Code, and the Subdivision Map Act. The proposed project meets all the requirements of the City of Diamond Dar Subdivision Ordinance, Development Code, Diamond Dar Municipal Code, and the ,Subdivision Map Act. E. Based upon the findings and conclusion set forth herein above, the Planning Commission recommends that the City Council approve Tentative Parcel Map No. 26771 subject to execution and/or fulfillment of the following conditions: Approval of this project is contingent upon the City Council's approval of General Plan Amendment No. 2002-01, Zone Change Amendment No. 2002-01 and Specific Plan No. 2002-01. The effective date of this approval shall be 31 days after the date of adoption of the implementing ordinances. am 2. The subject property shall be developed and maintained in substantial compliance with the submitted Tentative Parcel Map No. 28771. dated February 35.2UO3'except aomodified herein. 3. The proposed subdivision shall comply with all applicable City regulations, 10include the requirements of the Bui|ding. Fioe, Planning and Engineering Departments. 4. All utilities for the proposed subdivision shall he installed underground. Service shall beobtained from the closest public facility. 5. Adequate drainage easements shall beprovided over the subject property inomanner approved bythe City Engineer. 0 Drainage improvements one requimd, they ahmU he designed and constructed mthe satisfaction uf the City Engineer and the Building Official. Special cam ahu|| be taken to eliminate any nuisance water from being deposited onadjoining property. The applicant shall use best engineering practices toinsure that the existing drainage channels are utilized mcollect all surface runoff. 7. The applicant shall prepare usite-grading plan inamanner that ia acceptable oothe City Engineer and the Building Official. a All existing buildings and structures shall be razed or removed from the site, g A landscape p|un, prepared by e licensed landscape omhhect, shall be prepared and submitted tnthe City for review and approval. The landscape plan shall indicate all cVthe existing mature trees that are uoberemoved aa part of the site grading activity. The landscape plan shall identify all nfthe perimeter landscaping and irrigation that oheU be installed as part cfthe site grading activity. The landscape plan shall include all required off-site landscape improvements. 10. Street improvement plans shall beprepared and submitted *zthe City and Ca[rnonnfor review and approval. The plans shall include the installation of u raised landscaped median to be constructed in Deo Canyon Road from the freeway oM-namp to Lycnming Street as shown on the submitted plans. All public improvements nhox be designed and installed to the satisfaction u1the City Engineer. 11. Curb, gutter, sidewalk, drive approach and street povenwshall beinstalled along the street frontage ofthe subject property inamanner acceptable to the City Engineer and the Director ofPublic Works. 12. Alf*public utilities to include public sewers, gas, water, electricity, telephone, cable television and storm drain facilities shall beinstalled underground for the future use ofeach lot. All Improvements shall be to the satisfaction of the City Engineer. 13. All required public improvements shall be built to City Standards to the satisfaction ofthe City Engineer inaccordance with the current edition of the "Standard Specifications for Public VVodm Construction". All required improvements shall hobonded for in accordance with the provisions o/the State Map Act prior mrecordation ofthe Final Map. 14. All street improvement plans shall besubmitted toCa|Tmnsfor review and comment. Ca|Tmns may require a fair share payment for their future improvements tothe state highway system. This requirement should be resolved with Ca|Tnsne. 15. The Final Parcel Map shall be prepared by licensed civil engineer or !and surveyor in compliance with all applicable provisions of Title 21 of the Diamond Bar Municipal Code and the Subdivision Map Act outhe satisfaction oithe City Engineer. 16The Final Parcel Map shall be submitted mthe City Engineer for review and approval. When the final map is prepared inaccordance with state and local regulations, the City Engineer shall forward the final map 0othe City Council for approval and authorization to record said final map with the Los Angeles County Recorder. 17. Approval of this Tenosb,o Parcel Map No. 20771 shall automatically become null and void two (2) years from the date of approval. The applicant may file for a one-year extension of the City's approval in the event that the application for extension isfiled with the City auleast 3o' duysp,mrtotheexp|oninndote. 18. The applicant shall prepare CS&Rtand ereciprocal parking, access and maintenance agreement for the subject property. These documents shall be prepared in a manner satisfactory to the City Engineer and City Attorney. The CC&R's and the agreement aho|| identify the pony or parties responsible for the regu|auion, care, upkeep and management of the entire site toinclude all parking and landscaped areas. The approved agreement shall berecorded with the Los Angeles County Recorder. 19. In accordance with Government Code Section 86474.9 (b)(1), the applicant shall defend, indomnify, and hold honn|eoo from any dmim, mction, or proceeding against the City or its egonts, u#ioero, or employees u`attack, set aside, void orannul, approval ofTPM No. 20771 brought within the time period provided for in Government Code Section 66499.37. un. Traffic signal and street striping improvements for the intersection cdBrea Canyon Road and LycnmmgStreet shall boinstalled uothe satisfaction nf the City's Public vVo,xn Division. The improvements ahu|| include the dedicated left mm movement for northbound traffic on Dnm Canyon Road In lieu of the installation of the required traffic signal improvements the applicant shall deposit $100.800 with the City for the upgrade cdthe traffic signal authis intersection. 21. An approved traffic donm|*nahon lane into the project site aAaU be constructed, on private property, for northbound traffic on Bnau Canyon Road aoshown onthe submitted plans. 22. Anapproved "pork chop" island shall beinstalled mtthe project entrance inmmanner acceptable tothe City. 23. Applicant shall install approved street lights along Brea Canyon Road at 150 -foot intervals. Street Lighting must be incorporated into the improvement plans and designed pursuant to Lon Angeles County Lighting District standards. Annexation nfstreetlights into County Lighting Maintenance District No. 10008 is required prior to issuance of the Certificate ofOccupancy. 24. A six-foot high decorative masonry mmU shall be installed along the DryandorStreet frontage as shown on the submitted plans. The design of and type of construction materials shall be submitted to the City for approval prior mthe construction ofsuch wall. 25The existing 0'fvothigh masonry wall located along the northerly property line shall boremoved initentirety. 28. Upon completion of the development activity, the City Engineer may require the applicant /orestore that portion ofthe highway facilities (Brea Canyon Road) damaged by the applicant's ooUvhy. or the City Engineer may elect that the City podonn such restoration to be funded by the applicant. 27. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Cndo, Uniform Plumbing Cuda, National Electric Coge, and all other applicable construction codes, ordinances and regulations ineffect at the time cxgrading and building permit issuance. 28. Construction activity shall bolimited mthe hours of7:OUA.Mand 7:UO P.M. during weekdays and 9:00A.M. and O:OO P.M. on Saturdays. No construction shall bapermitted onSundays o,holidays. 29. All improvement plans shall besubmitted mthe Los Angeles County Fire ,Department for review and approval regarding adequate fire flows and access requirements. 30 All required fire hydrants shall be inota||ed, tested and a000c*od or bonded for prior to Final Map approval. Vehicular euoeaa mum be provided and maintained serviceable throughout construction. I 31. The City Engineer shall determine the amount of the bonds necessary to guarantee the installation of all required improvements. The bond amount shall be at least 110% of the estimated cost of the improvements. 32. Covenants, Conditions and Restriction (CC&R's) shall be prepared and recorded with the Final Map. The CC&R's shall determine the method of providing for the maintenance of the common areas and improvements shared by the owners of the subdivision. The form and content of the CC&R's shall be subject to the review and approval of the City Attorney. 33. The project site shall be maintained and operated in full compliance with the conditions of this approval and applicable laws, and regulations. 34. This entitlement 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 the approval date, at the City of Diamond Bar Community and Development Services Department/Planning Division, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not become effective until the permittee pays any remaining City processing fees. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Louis Marcellin, 20326 Fuerte Drive, Walnut, CA 91789 and Phil Williams (Extended Stay America) 2525 Cherry Avenue, 4310, Signal Hill, CA 90806. APPROVED AND ADOPTED THIS THE 25TH DAY OF FEBRUARY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Joe Ruzicka, Planning Commission Chairman I, James DeStefano.. Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25"' day of February 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary Draft RESOLUTION PLANNING S O' OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2002-05,DEVELOPMENT APPLICATION NO. 2002-07 ALLOWING FOR THE CONSTRUCTION OF A RETAIUCOMMERCIAL SHOPPING CENTER AT 850 BREA CANYON ROAD ,APN 8719-013-010), DIAMOND BAR, CALIFORNIA A. WHEREAS, The applicant, Phil Williams (Extended Stay America), acting as the agent for the property owner, Louis Marcellin, has filed an application for Conditional Use Permit 2002-05 and Development Review Application No. 200207 for property located at 850 Brea Canyon Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit No. 2002-05 and Development Review Application No. 2002-07 shall be referred to as the "Application." B. WHEREAS, On October 9, 2002 Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Daily Bulletin newspapers. On October 9, 2002, public hearing notices were mailed to approximately 461 property owners of record within a 700 -foot radius of the project. Furthermore, on October 8, 2002, the project site was posted with a required display board and public notices were posted in three public places; and C. WHEREAS, the Community and Development Services Department has determined that the proposed project represents a consistent, logical, and appropriate development of the subject property that furthers the goals and objectives of the City's adopted General Plan; and D. WHEREAS, on October 22, 2002 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing. At that time, the public hearing was continued to December 10, 2002, and continued again to January 28, 2003, the public hearing was concluded on the Application; E. WHEREAS, the Planning Commission has reviewed and considered the environmental information relevant to the proposed project prepared in accordance with the provisions of the California Environmental Quality Act (CEQA); and F. WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data, and all written and oral testimony presented. Draft shopping center consisting of a 116 -room three-story hotel, two freestanding restaurants, and two office/retail buildings totaling to approximately 70,790 gross square feet of building area. Approval would also permit a 60 -foot high double-faced freestanding pylon sign (440 sq. ft. of sign face area per side), and six-foot high double-faced monument sign (48 sq. ft. total sign face area). MENIM-1-711=111"Im Pursuant to Section 22.58.040 of the Diamond Bar Development Code, ii ie Planning Commission finds: The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and provided that the use complies with all other applicable provisions of this Development Code and the Municipal Code; The proposed retail/commercial shopping center is a conditionally permitted use within the C-2 SP zoning designation. Additionally, the project has been designed to meet or exceed the development standards set forth in the City of Diamond Bar Development Code and the Brea Canyon Road and Lycoming Street Specific Plan. The proposed use is consistent with the General Plan and any applicable specific plan; On July 25, 1995, the City adopted its General Plan. The Planning Commission has recommended that the City Council amend the General Plan by designating the subject property for General Commercial use of land. In addition, the Planning Commission has recommended that the City Council adopt the Brea Canyon Road and Lycoming Street Specific Plan for the subject properly. If the City Council adopts the recommended General Plan Amendment and Specific Plan, the proposed project will be consistent with the City's development goals, objectives and strategies. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The resulting retail/commercial development with a contemporary architectural design is compatible with the surrounding development in terms of use of land and building mass. Additionally, the conditions imposed on operating procedures, site design and on- and off-site improvements to improve ingress and egress will ensure the development minimizes any potential negative impacts to public rights-of-way and adjacent uses of land. The proposed project is an integral part of the commercial development along Brea Canyon Road. The project has been properly screened to reduce impacts on the adjoining residential land uses. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with Ii mil NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby finds, determines and recommends as follows: A. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part 1 of this Resolution are true and correct. B. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). The environmental review concludes that the proposed project has been fully evaluated in Environmental Mitigated Negative Declaration No. 2002- 07. The Planning Commission has recommended that the Diamond Bar City Council adopt the Mitigated Negative Declaration (MND). No further environmental review is necessary because the proposed project is considered to be consistent with the Mitigated Negative Declaration No. 2002-07. The circumstances and impacts evaluated have not changed, and no new information has been made available that would have a bearing on the findings, conclusions and mitigation measures included in the previously considered MND. The mitigation measures set forth in the MND are included as conditions of approval of this proposed project. Compliance with the mitigation measures will assure that this project will not have a significant adverse effect on the environment. 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. C. Proiect Description Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: 1. The project relates to a parcel of land located at 850 Brea Canyon Road (APN 8719-013-010), Diamond Bar, California. The subject site has approximately 6.50- gross acres. 2. The project site has a General Plan Land Use designation of General Commercial (C), and the Planning Commission has recommended that the City Council adopt a consistent implementing zone of C-2 SP (Community Commercial Specific Plan Overlay) for the subject property. 3. Generally, the site is abutting a C-1 zoned parcel to the north and the Los Angeles County Flood Control Channel. R-1 6,000 zoned parcels are beyond Flood Control Channel. The State Route 60 Freeway abuts the site to the south and east, and R-1 8,000 zoned property are located to the west across Brea Canyon Road. 4. The application is a request to develop the site as a retail/commercial M adjoining land uses, and the absence of physical constraints; The approximate 6.50 -acre site is adequate to accommodate the proposed retail/commercial development, which is in compliance with the applicable DBDC development standards, to include the Brea Canyon Road and Lycoming Street Specific Plan. The site currently is connected to the City's sewer system, which has been determined to be adequate to serve the intended facilities. Approval of the Conditional Use Permit would have no impact on these services. 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; Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The appropriate environmental analysis, in compliance with the requirements of the California Environmental Quality Act (CEOA), has been conducted. Based on that assessment, a Mitigated Negative Declaration of Environmental Impact was prepared and is made part of this administrative record. Development Review 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 conditions of approval regarding operating procedures, site and building improvements and on and off-site safety measures: 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). The Planning Commission has recommended that the City Council amend the General Plan Land Use for the subject property to General Commercial. In addition, the Planning Commission has recommended that the City Council adopt the Brea Canyon Road and Lycoming Street Specific Plan to guide and regulate development of the subject property. The proposed Draft project has been designed to meet or exceed the development standards contained in the Specific Flan and the Diamond Bar Development Code. 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. The resulting retail/commercial development has been designed to incorporate the mitigation measures set forth in the associated traffic study and environmental Mitigation Monitoring Plan. The proposed prc;:;ct has the potential to become an integral part of the adjoining commercial development south of Lycoming Street. The proposed layout of the site accommodates the anticipated volumn of pedestrian and vehicular traffic that will seek goods and services offered on-site. The building locations and the surrounding project edge treatment will screen and buffer the existing adjoining residential uses from potential impacts that may be generated by the commercial use of the project site. The City departments responsible for public safety have been afforded an opportunity to review and comment on the proposed project. Their comments and recommendations have been included in the project design, environmental mitigation monitoring program, and conditions of approval. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. The proposed contemporary architectural design is in compliance with the provisions of the Brea Canyon Road Lycoming Street Specific Plan and is consistent with the surrounding development in terms of mass and scale in proportion to the site size. Furthermore, the site layout has been designed to lessen the potential impacts on neighboring properties. Access to the proposed project is obtained from a fully developed public street, which improvements are proposed to provide for adequate ingress/egress. 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. The contemporary architectural design proposes the use of a variety of compatible building materials and earth tone colors to soften the buildings impact and assist in creating a complimentary and aesthetically pleasing view. Additionally, the development includes extensive landscaping throughout the site to promote an enhanced appearance. 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. J Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The appropriate environmental analysis, in compliance with the requirements of the California Environmental Quality Act (GEQA), has been conducted. Eased on that assessment, a Mitigated !Negative Declaration of Environmental Impact was prepared and is made part of this administrative record. F. Based upon the findings and conclusion set forth herein above, the Planning Commission recommends that the City Council approve Conditional Use Permit No. 2002-05 and Development Review Application No. 2002-07 subject to execution and/or fulfillment of the following conditions: Approval of this project is contingent upon the City Council's approval of General Plan Amendment No. 2002-01, Zone Change Amendment No. 2002-01 and Specific Plan No. 2002-01. The effective date of this approval shall be 31 days after the date of adoption of the implementing ordinances. The project shall substantially conform to site plan, floor plans, elevations, landscape, and grading plan collectively labeled as Exhibit "A" as presented to the Planning Commission on February 25, 2003 and as amended herein. 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, 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 Sar to provide such services. 4. The applicant shall be required to submit a final landscape/irrigation plan for the entire site prepared by a licensed landscape architect that delineates the type of planting materials color, size, quantity and location, for review and approval by the Community and Development Services DepartmenUPlanning Division. The plan shall provide for a variety of grasses and ground cover, flowering plants, and shrubs and trees. All landscaping and irrigation shall be installed prior tothe issuance ofmCertificate ofOccupancy. 5. The landscape plan shall provide for screening techniques between Brea Canyon Road and Building No. 1. Masonry walls, bushes and shrubs shall beused voscreen the rear ofthe building from view. 0. Anarbor structure shall bwadded tothe Brea Canyon Road side ofBuilding No. 1inorder tnaid inthe screening ofbuilding fegode.The design o|the arbor structure exa|| be subject to review and approval b; the City's Community and Development Services Department. 7. The landscape plan shall provide for the installation of4O'inchbox specimen trees along the D0mnderStreet frontage tothe satisfaction n+the City. o. Maximum height of all structures shall not exceed 35feet from the finish grade etany exterior wall nfthe structure oothe highest point bfthe mmUina uodetermined bySection 22.18.08DcVthe DBDC. 9, All construction activity shall be in conformity with the requirements and limitations ofthe City ofDiamond Bar Municipal Code meimplemented hythe Building and Safety Division. 10� Before construction begins, the applicant shall install temporary construction fencing pursuant uothe Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official approves its removal. The Applicant mho|| provide temporary oun|mNon facilities while under construction. 11, The applicant shall comply with the requirements mfthe City Engineer and Public Works Divisions uoinclude, but not limited \othe completion cVall improvements required bythe conditional approval oiTentative Parcel Map No. 26771. 12Prior tothe issuance cfany City permits, the applicant shall berequired vu submit afinal 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 insuch soils report. 13, The Brea Canyon Road driveway shall be utilized for right turn out only and shall bmidentified aosuch mthe satisfaction ofthe City Engineer. 14. Before the issuance of any City permits, the applicant shall submit anerosion control plan for the City's review and approval. The erosion control plan shall conform to Nouinnu| Pollutant Discharge Elimination System (NPDES) standards to satisfy the Standard Urban Stonnwater Mitigation Plan (SUSMP)requirements. ANotice ofIntent (N0)iorequired mbefiled with the California Regional Water Quality Board (RvVQB)and uStonnwater Pollution Prevention Plan (SYVPP)isrequired mheprepared, implemented Draft and available at the job site for review and verification at all times during construction of this project. Further details on SWPP requirements shall be obtained from the Public Works/Engineering Division. 15. Drainage patterns and techniques shall be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. The on-site storm drain system must be designed to carry surface water runoff into the flood control channel. 16. Prior to the issuance of any City permits, the proposed construction plans shall be submitted to the Fire Department for review and approval. 17. Applicant shall make application to the water purveyor as necessary, and shall submit the evidence of their approval to the Planning Division prior to the issuance of building permits. 13. Construction plans shall be engineered to meet wind loads of 60 miles per hour with a "C" exposure. 19. All utility service to the proposed project shall be installed underground. 20. The applicant shall comply with the City's noise standards. 21. The 60 -foot freestanding pylon sign and 6 -foot high monument sign shall be developed and maintained in substantial compliance with the submitted drawings (Exhibit "B"; sign program), except as herein modified to comply with the Conditions of Approval. 22. The monument sign shall be located no closer thanl0-feet from the front property line abutting Brea Canyon Road. The monument sign shall contain the address of the subject property. The monument sign shall contain only advertising for the shopping center name and the name of the anchor tenant. 23. The freestanding pylon sign shall be redesign to include the City logo and words "City of Diamond Bar" to be located at the top of the sign cabinet. The redesign is subject to the approval of the City. The project site address shall be added to the freestanding sign. 24. All individual tenant signs and hotel wall signs shall comply with Exhibit "B" (comprehensive sign program). Each building identification sign shall require a separate review, fee and approval. A sign permit must be obtained from the Community and Development Services Department/Planning Division, in addition to the required building and electrical permits from the City's Building Division prior to installation. 25. Wall signs shall not be located on the hotel building facade facing the flood control channel (north elevation) above the first floor. M 26. All roof -mounted equipment including, but not limited to, air conditioning and heater units, ventilation and exhaust tans, electrical and plumbing r connections, shall be decoratively obscured from public view. Air conditioning and heating units shall not be mounted to the exterior sides of the hotel building. 27. The hotel building porte-cochere structures shall be redesigned to include hipped roof structures. 28. The existing 6 -foot high masonry wall located along the northerly p uperty line separating the proposed development from the fast food restaurant shall be removed in its entirety. The existing chain link fence at this location shall be removed and removable bollards shall be installed across the Flood Control Access Easement to provide for emergency access to the site from Lycoming Street. 29. An odor diffuser shall be installed on the exhaust vents and continuously maintained for all tenant spaces proposed for restaurant use. 30. The. applicant shall be responsible for acquiring the appropriate industrial waste permits with Los Angles County. Additionally, the applicant shall conform to the NPDES requirements for food waste disposal and Health Department requirements for food service. 31. All surface or ground mounted mechanical equipment, including transformers, terminal boxes, air conditioner condensers, risers, backflow devices, gas meters and electric meter cabinets shall be screened from public view and/or treated to match the materials and colors of the building. The Community and Development Services Department/Planning Division require prior approval of such screening/treatment. 32. Any and all exterior building and site lights shall be decorative and architecturally compatible with the building design. All pole site lights shall have 90 -degree horizontal cut-off flat lenses where the rays of such lighting shall be confined to the property. The number, location, height, style and design shall be reviewed and approved by the Community and Development Services Department/Planning Division prior to installation. 33. A six-foot high decorative block wall shall be located along the flood control channel. The style and design shall be reviewed and approved by the Community and Development Services Department/Planning Division prior to installation. 34. All handicap parking spaces shall be clearly marked and designated as such. Additionally, the applicant shall comply with State Handicap Accessibility Regulations (i.e. van parking, shortest route to accessible entrance, shortest pedestrian route to the closet pedestrian entrance, restrooms, ramps, handicap signs at each entry, path of travel, etc). Draft 35. The outdoor dining areas shall be cleaned on a continual basis for the removal of litter and food items that constitute a nuisance to public health and safety. Additionally, the outdoor patio dining areas shall contain waste receptacles for use by the public and/or restaurant employees. Furthermore, the patio furniture including umbrellas and waste receptacles shall be compatible with the overall design of the restaurant structures and shall be reviewed and approved by the City. 36. All activities, except approved outdoor dining, shall be conducted within the confines of the buildings. Outdoor display of merchandise is prChibited. 37. Prior to the issuance of any City permits, the applicant shall submit a trash/recycle bin detail delineating design, construction material, colors and overhead trellis for review and approval by the Community and Development Services Department/Planning Division. The design, construction materials and colors shall match the building design. 38. The applicant shall submit a colors and materials board to the Community and Development Services Department/Planning Division. 39. The hours of operation, except for the hotel development, shall be Sunday through Saturday from 6:00 a.m. to 10:00 p.m. On Friday and Saturday, the applicant shall have the option to extend the hours of operation to 12:00 midnight. 40. No unit of the hotel development shall be rented to the same tenant for a period exceeding thirty (30) consecutive calendar days unless specific provisions are made pursuant to a written agreement with the City. 41. This entitlement is valid for two (2) years and shall be exercised (i.e. construction shall commence) within that period or this entitlement 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 extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Sar Development Code. 42. This entitlement 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 the approval date, at the City of Diamond Sar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not become effective until the permittee pays any remaining City processing fees. G. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and 10 Draft (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Louis Marcellin, 20326 Fuerte Drive, Walnut, CA 91789 and Phil Williams (Extended Stay America) 2525 Cherry Avenue, #310, Signal Hill, CA 90806. _ APPROVED AND ADOPTED THIS THE 25TH DAY OF FEBRUARY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 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LWAQ399 +1 - •0 IOU NTe ugnung uesign NOTES CONSIDERATIONS 1. Because of their effect on light distribution, trees and The following factors must be considered when install- shrubs at present height and growth potential should Ing or renovating outdoor lighting systems: be considered in a lighting layout. 1. In general, overhead lighting is more efficient and 2. liis recommended to usghting templates sled for ftxtmanuf ctwer-providpole ed economical than low level lighting, attern of height, and layout scale. 2. Fixtures should provide an overlapping p 3. Color rendition should be considered when selecting light at a height of about 7 ft. light source. When possible, colors should be selected 3. Lighting levels should respond to site hazards such under proposed light source. as steps, ramps, and steep embankments. 4. Posts and standards should be placed so that they 4. Light pollution to areas other than those to be illumi- do not create hazards for pedestrians or vehicles. noted should be avoided, GLOBE WITH DIRECTIONAL RE FR 47STANDARD GLOBE WIDE SPREAD D� N LIGHT DOWN LIGHT 1 I 20- 30' I UP LI< STEP LIGHT MUSHROOM 2 LOW LEVEL LIGHTING 1. Heights below eye level. 2. Very finite patterns with low wattage capabilities. 3. Incandescent, fluorescent, and high-pressure sodium, 5 to 150 watt lamps. 4. Lowest maintenance re- quirements, but highly sus- ceptible to vandals. GO- MALL AND SPECIAL PURPOSE PARKING AND ROADWAY LIGHTING HIGH MASTLIGHTING WALKWAY LIGHTING LIGHTING i. to 50 ft. heights av- 1, f t. to 100 ft. heights av- 1. 10 ft. to 15 ft. heights ay. 1. 20 ft. to 30 ft. heights av- 330 e. e6 erage for multiuse areas. erage. gftt. 2. Large recreational, commer- 2. atianal,rea rInter- Wide variety of fixtures and - 2. Recreational, commercial, highwalyg light patterns. residential, industrial. 2. Mercury, metal halide, or 3. Mercury, metal halide, or ways. 3. Mercury ehcu`essuret 3 or pwatt high-pressure sodium, 70 to high-pressure sodium, 200 g p slodiumae 400 urre sodium, 1000 250 watt lamps. to 400 watt lamps. to 1000 watt lamps. lamps. 3. Susceptible to vandals. 4. Fixtures maintained by gain -4. Fixtures maintained by gan- 4. Fixtures must lower for DEFINITIONS A lumen is a unit used for measuring the amount of light energy given off by a light source. A footcandle is a, unit used for measuring the amo pnt of Illumination RECOMMENDED LIGHTING LEVELS IN FOOTCANDLES ® CommER- INTERNE- RESIDEN- CIAL DIAYE TIAL PEDESTRIAN AREAS Sidewalks 0.9 0'6 0'2 Pedestrian 2.0 1.0 0.5 ways VEHICULAR ROADS 0.6� Freeway' 0.6 0.6 Major road and 2.0 expressway* Collector road 1.2 Local road 0.9 Alleys 0.6 PARKING AREAS Self parking 1.0 _ Attendant 2.0 parking Security - problem area Minimum for 10.0 10.0 10.0 television viewing of important interdiction areas BUILDING AREAS Entrances 5.0 - General 1.0 grounds 'Both mainline and ramps. Johnson. Johnson f3 Roy; Ann Arbor, Michigan Tomblinson Harburn Associates Fllnt, Michigan try. try. maintenance. on a surface. The amount of usable light from any NOTE given source is partially determined by the source's All exterior Installations must he provided with ground angle of Incidence and the distance to the illuminated fault interruption circuit. surface. See Chapter 1 on illumination. LIGHT SOURCE LIGHT SOURCE: FOOTCANDLES AVERAGE (INTENSITY) MAINTAINED `C r0 FOOTCANDLES 0 9 p ? ABOVE SURFACE 2 MINIMUM MAINTAINED NOTE FOOTCANDLES,MEASURED ON GROUND SURFACE AT The total intensity of two or more of t e POINT OF LEAST ping light patterns equals the sumof thi ILLUMINATION individual Intensities. MEASURING LIGHT INTENSITY IN FOOTCANDLES ROADWAY LIGHT SOURCE LIGHT PATTERN -,k -' SIDE" TRANSVERSE ROAD LJTRLA INE ITRLI � I____--- - j PARKWAY i 1. CUTOFF means that maximum of 10 percent of light _ _ - source (Limens fall olnelde of TRL area. Tq ANSV ERSE ROAD LINE 2. SEMICUTOFF means that maximum of 30 percent of LONGITUDINAL ROAD LINE ILRLI light source lumens fall outside of the TRL area. 3. NONCUTOFF means that no control limitations exist. CUTOFF TERMINOLOGY (NOTE."CUTOFF" IS MEASURED ALONG NOTE Degree of cutoff is determined by one of the following: (a) design of fixture housing Ib1 incorporation of prismatic lens over light source Ic} addition of shield to fixture on "house side" MOUING HEIGHT (CH) SHORT = 3.75 X MH MEDIUM = 6.0 X MH LONG = 8,0 X MH TYPES OF DISTRIBUTION (NOTE: DISTRIBUTION IS MEASURED ALONG LPL) __�T, --MAoulr ¢TANnARDS - NINTH EDITION C. S,,Inity lighting. Security lighting shall be provided in all nonresidential zoning districts at building entrances /e)dts. Security lighting shall provide a minimum of two footcandles and a maximum of three footcandles at the ground level of the entrance. D. Shielding. Where the light source is visible from outside the project boundary, shielding shall be required tS reduce glare so that neither the light source nor its image from a reflective surface shall be directly visible from any point five feet or more beyond the property line. U-iis requirement shall not apply to single-fan-aly residential uses, traffic safety lighting, or public street lighting. ate: January 22,2001 'ient: CASCO Corp. roject: ESA Diamond Bar resent: Cliff Hoskins )is is an observation report for the proposed ESA site in Diamond ar California. oskins+Hoskins Corp. was asked to evaluate the trees on the te, identifying those that are suitable to retain in the future idscape. =neral description: site is currently being used as an recreational vehicle storage There are rows of Ash and Pepper trees along the borders of site and scattered trees (mostly Ash) through the site. It ,ears that the trees were intended as shade and screening from freeway. The trees along the adjacent storm drain channel ear to be outside of the property and therefore out of sideration. The trees along the freeway are appear to be on . It is our professional opinion that the Ash and California !per trees along the freeway edge be retained. Any other trees, ,zilian Pepper, Olive, Beefwood ) should be removed and the s removed from the ground. All of the retained trees should be red and shaped. All the trees that are topped and stunted or .ted should be removed. Poorly pruned trees present a safety and and effect their long term health. ,f the trees in the interior of the site should be removed and roots removed from the ground. This includes all the Ash, zilian Pepper, the Mulberry and Palm trees. The Ash are ;hapen from poor pruning as is the Mulberry tree. The Palm d be relocated but does not fit into proposed landscape .ept. trees along Brea Canyon Blvd. are a mixed group of Ash, I 'lian Pepper, Podocarpus and Eucalyptus. The Ash trees were r runed to shape and some are irreparable. The same is true for t +razilian Pepper, Podocarpus and Eucalyptus. A few of the E +yptus are salvageable with careful pruning. the retained trees need to be feed and permanent irrigation it ed at the base of each tree. F r see ALTA plan herewith with trees to be retained and d J identified. We will return to the site and flag all the trees to b roved at your request. Sound 55 DECIBEL SCALE SUBJECTIVE FACTORS: EFFECT OF t. NOTES CHANGE IN SOUND PRESSURE LEVE. Sound is produced by a vibrating object or surface. In The decibel IdBI scale is a logarithmic scale based on e CHANGE IN order for sound to be transmitted or propagated. It re- times the logarithm of a ratio of sound pressures. The SOUND quires an elastic medium. The most common medium for decibel levels of Iwo noise sources can not be added PRESSURE transmission is the air. Such sound is called "air -borne directly; instead use this simplified method: LEVEL !+ OR CHANGE IN ouoness sound." However, sound can also be easily transmitted through common building materials and components such as steel, concrete, wood and metal framing, pipingr and gypsum wallboard, This type of sound is called "structure -borne sound." A -weighted decibel IdBIAII Is a standard single number rating representing the overall sound energy of a given source. The A_eighting network in a sound level meter, filters sound in a manner similar to the human ear by downgrading low frequencies. _.. __ ...,.. 1.1-11 —wnt? difference between two sound levels, in d8 add to the higher level 3 2 1 0 For example: 90 dB + 20 dB = 90 dB 60 dB+60 dB 63 dB OCTAVE BAND An octave band covers the range from one frequency (HzI to twice that frequency, f to 2f. FREQUENCY OR PITCH (HZI LOW FREQUENCY MID —FREQUENCY I OCTAVE � 2SO 600 1000 16 t_OW PEDAL STOP ON ORGAN HIGHEST NOTE ON PIANO RANGE OF HUMAN SPEECH AREA OF MOST SPEECH INTELLIGIBILITY BALLAST -Jr, FROM FLUORESCENTS AND li HARMONICS DESKTOP COMPUTERS WITH DISK DRIVE OFF.. CE EQUT Mp NNRITER S, f PR INT F_RS, TELEPHONES) TRUCKS, BUSES HUMAN HEARING T Lrceptibleticeable: E T Twice as loud IOR ' :1: M Three times as loud: IoBAI Near jet aircraft and Four times as loud 140 Deafening HIGH FREQUENCY 200- 4000 6000 16000 31SCr #OCTAVE — A FREQUENCY RATIO OF 2; RELATIONSHIP OF SOUND LEVEL AND SUBJECTIVE LONDE ESS E SOUND LEVELOUTDOOR SUBJECTIVE EVALUATIONS INDOOR IoBAI Near jet aircraft and 140 Deafening artillery fire 130 Threshold of pain Hard rock band 120 Threshold of feeling Elevated train Jet flyover at 1000 ft Inside propeller plane 110 Power mower, 100 Very loud motorcycle at 25 It, auto 1 horn at 10 It Propeller plane flyover at Full symphony or band, 1000 It, noisy urban food blender, noisy 90 street factory Diesel truck at 40 mph at Inside auto at high speed, 80 Moderately loud 50 ft garbage disposal, dishwasher Face -m -face conversation, vacuum 70 Loud cleaner, electric typewriter Air conditioning General office 60 Moderate condenser at 15 it, near 41,eeway auto traffic -Large transformer at 50 Quiet 100 ft Birdcalls Private office, soft radio 40 music in apartment Quiet residential Bedroom, average 30 Very quiet neighborhood residence without stereo Rustling leaves Quiet theater, whisper 20 10 Just audible 0 Threshold of hearing Carl J. Rosenberg, AIA; Accentech Inc: Cambridge, Massachusetts MENTS a r ",CENTER'S MOST ACTIVE LEVEL PRELIMINARY NOISE COMPATIBILITY EVALUATION ESA DIAMOND BAR HOTEL #8824 DIAMOND RAIZ CENTER 850 Brea Canyon Road Diamond Bar, California Prepared For EXTENDED STAY AMERICA Attention: Phil Williams 2525 Cherry Avenue, Suite 310 Signal Hill, California 90806 Phone 562-981-5891 Fax .562-997-0165 Prepared By EILAR ASSOCIATES Acoustical & Environmental Consulting 321 North Willowspring Drive Encinitas, California 92024 www.eitarassociates.com Phone 760753-1865 Fax 760-753-0111 Project #A30205 February 18, 2003 EILAR ASSOCIATES } 1ONMENTAL CONSULTING February 18, 2003 Project #A30205 Extended Stay America Attention: Phil Williams2525 Cherry Avenue, Suite 310 Signal Hill, California 90806 SUBJECT: PRELIMINARY 1Ni0ISE COMPATIBILITY EVALUATION OF PROPOSED DEVELOPMENT ESA HOTEL #S824, Two RESTAURANTS, AND Two UNSPECIFIED COMMERCIAL BUILDINGS TO BE LOCATED AT S50 BREA CANYON ROAD, DIAMOND BAR, CALIFORN IA Summary This evaluation is based on a preliminary site layout with elevation drawings, and is not based upon finalized site plans, grading plan or building plans. The overall project will hereinafter be referred to as the Extended Stay America (ESA) development. This project, as currently planned and with the addition of a noise control fence along the northern project line, would be in compliance with the noise regulations of the City of Diamond Bar. Furthermore, there should be additional reduction in overall noise Levels for some properties to the north of the ESA portion of the project, due to the shielding effect of the proposed three-story ESA hotel building. This preliminary evaluation is not intended to provide a full analysis based on final design plans. The ambient noise levels at the project site and the planned developments are in the Exterior Noise Levels specified for Conditionally Acceptable Commercial Development by the Noise Standards of the City of Diamond Bar. Our preliminary analysis has determined that mitigation to compliance with the Interior Noise Level Standards is feasible, for the proposed ESA development. Project Description Extended StayAinerica (ESA) proposes to build a new three-story hotel on the site of an existing recreational vehicle storage yard as part of a larger development. The complete project proposes the development of a new International House of Pancakes Restaurant (IHOP), Wendy's Restaurant, and two single -story buildings for commercial development. The subject property, comprised of five lots, is located adjacent to the north side of State Highway 60 (Pomona Freeway) and to the east side of Brea Canyon Road. The total size of the proposed development area is approximately 6.52 acres. The project site is currently zoned MI -PD -BE, industrial. However, the property vas recently approved by the City for a change of zoning to commercial. This analysis is based on the subject property's use as a commercial land use. 321 North willowspring Drive, Encinitas, CA 92024 - 760.753.1865 > Fax 760-753.Otll ° info@eilarassociatesxom Fcbruz y 18, 2003 Extended Stay America; Attention: Phil Williams Page 2 Preliminary Noise Compatibility Evaluation of hotel #8824 Immediately adjacent and to the north of the proposed project sites a Los Angeles County flood control channel. Situated to the north of the channel is an area of single-family residential development. For more information please see Figures 1 and 2. Noise or Sound Level Descriptors Please refer to Appendix A, Noise or Sound Level Descriptors, for information. Applicable Noise Standards Applicable noise standards consist of Section 22.28.080, City of Diamond Bar Municipal Noise Regulations, attached as Appendix B. According to the Noise Regulation, the hourly average noise of any noise source impacting a single-family residential zone in the City of Diamond Bar is not to exceed 45 dB between the hours of 10 p.m. and 7 a.m. (nighttime). Daytime (7 a.m. to 10 p.m.) noise limits are 5 dB higher for each respective land use zone. The noise limits for commercial use zones are 10 dB higher (55 dB nighttime and 60 dB daytime). Noise limits at the boundary of two different zones are the numeric average of the two zones; which, in the case, will be 50 dB during the nighttime hours and 55 dB during the daytime hours. If ambient noise is higher than specified by the ordinance, it may be considered in place of these limits. Noise Measurement Equipment Some or all of the following equipment was used at the site to measure existing noise levels: ® Larson -Davis Model 824, Type 1 Sound Level Meter, Serial #0343 (with windscreen) ® Larson -Davis Model CA150, Type 1 Calibrator, Serial #0339 ® Digital camera, distance measurement wheel, tripod The sound level meter was field -calibrated immediately prior to the noise measurement, to ensure accuracy. All sound level measurements conducted and presented in this report, in accordance with the regulations, were made with a sound level meter that conforms to the American National Standards Institute specifications for sound level meters (ANSI SIA -1971). All instruments are maintained with National Bureau of Standards traceable calibration, per the manufacturers standards. Ambient Noise An on-site inspection and noise measurement was conducted on Tuesday, February 12, 2003. The project area is dominated by traffic noise from the State Highway 60, a major 8 -lane freeway. The freeway is elevated from 15 to 25 feet above the proposed project site and the surrounding residential area. Traffic ;noise from Brea Canyon Road, to the west, adds to the high level of Eilar Associates a 321 North Willowspring Drive, Encinitas, CA 92024 ® 760-753-1865 a Fax 760-753-0111 February 18, 2003 Extended Stay America; Attention: Phil Williams Page 3 Preliminary Noise Compatibility Evaluation of Hotel #8523 ambient noise. Please refer to Table 1 for a summary of the conditions duringthe on-site inspection. Table 1.On-Site Noise Measurement Date Tuesday, February 12, 2003 Time 11:15 a.m. to 11:30 a.m. Conditions Overcast, with light rain; low 60's and breeze from the southwest Measured LES 65.2 dBA L�,, Location East end of site, adjacent to north property line Current Traffic and Future Projected Traffic Information Current and fixture (year 2020) traffic volume information was obtained for Brea Canyon Road, from the City of Diamond B ar Public Works Division, Debbie Gonzalez, Administrative Assistant, 909-396-5671, from the 2001 Traffic Counts compiled by Warren Siecke, City Traffic Engineer. Traffic volume information for State Highway 60 was obtained from the CalTrans website, wwvw.dot.ca.gov, and from the CalTrans District 7 Traffic Monitoring Office, Diane Schelske, Research Analyst, 213-897-0335, from the 2001 Traffic Counts (current) and the 2020 Traffic Projections Based on 2% Annual Growth (future). Traffic volume counts and projections are provided as average daily trips (ADT). Table 2 summaries the traffic volume information. Table -2. Overall Traffic Information Speed Limit Roadway (trles per Hour) Current Future (2020) Name Current Future State Highway 60 65 ntph 65 mph 221,000 ADT 2% growth ADT Brea Canyon Road 45 mph 45 mph 32,137 ADT 2% growth ADT Table 3, on the following page, shows the vehicle traffic breakdoNvn that was used in our analysis to model traffic noise levels. Filar Associates ° 321 North 11-illowspring Drive, Encinitas, CA 92024 1 760-753-1865 ° Fax 760-753-0111 Extended Stay America; Attention: Phil Williams Preliminary Noise Compatibility Evaluation of Hotel #8823 February 18, 2003 Page 4 Table 3. Traffic Alix Used For Preliminary Sound 32 Traffic Noise Model Total % Total % Autos Medium Heavy Roadway Condition Roadway (Dourly) (Hourly) (Hourly) Name ADT (Hourly) (fIourly ) 100 94.0% 3.0% 3.0% State Highway 60 Current 221,000 12048 384 384 100 96.0% 3.0% 1.0% Brea Canyon Road Current 32,137 1789 55 18 Please see Appendix D, Typical Traffic Distribution Levels for information regarding Tables 4 and 5 below. 221,000 13,710 Table 4. Current Daytime Traffic Conditions Total % Autos Medium Heavy Roadway hourly (Hourly) (Hourly) (fIourly ) Name Percentage ADT 100 94.0% 3.0% 3.0% State Highway 60 6.6% 221,000 13,710 437 437 100 96.0% 3.0% 1.0% Brea Canyon Road 6.6% - oo , 2n 9 (M 63 21 Table 5. Current Nighttime Traffic Conditions Eilar Associates • 321 North Willowspring Drive, Encinitas, CA 92024 ® 760.753-1865 ° Fax 760-753-0111 Total % Autos 1Vledium Heavy Roadway Hourly (Hourly) (Hourly) (I3ourly) Name Percentage ADT 100 94.0% 3.0% 3.0% State Highway 60 0.9% 221,000 1,869 59 59 100 96.0% 3.0% 1.0% Brea Canyon Road 0.9% 32,137 277 8 2 Eilar Associates • 321 North Willowspring Drive, Encinitas, CA 92024 ® 760.753-1865 ° Fax 760-753-0111 Extended Stay America; Attention: Phil Williams Preliminary Noise Compatibility Evaluation of Hotel #8821 February 18, 2003 Page 5 Current Area Traffic Noise Levels The following traffic noise levels were calculated from Sound32 modeling of current traffic volumes, for the residences adjacent to the project's northern property boundary. (Soun(132 is CalTrans' version of Stamina 2JOptima.) 1. The average noise level at residences along the northern project boundary from roadway traffic is 67.5 Community Noise Equivalent Level (CNEL). based on an 2. The nighttime average noise level due to roadway traffic is 57.5 dBA L.., average hourly traffic level of 0.9% of current ADT. 3. The daytime average noise level due to roadway traffic is 66.1 dBA Lr4, based on an average hourly traffic level of 6.6% of current ADT. Thes-,vith noise evel-, sho-wn in the City of amond ar General Plan Thee noise ls are in level result in ambient t noise levels that exceed he limits provided for by the Plan Diamond Bar Noise Ordinance. Potential Project Noise Sources The folloNving three lists present potential noise sources from the ESA hotel, the Wendy's Restaurant, the IHOP Restaurant, and proposed building on the other two adjacent parcels. ESA 1. Short-term Construction Activities 2. Hotel Room Wall -Mounted Air Conditioners 3. Main Facilities Air Conditioners 4. Garbage Collection 5. Staff Automobiles 6. Customer Automobiles 7. Automobile Alarms S. Additional Project -Related Vehicle Traffic 9. Trucks Carrying Freight for Loading and Unloading 10. Backup Alarms 11. Outdoor Conversations )Mendy's Restaurant 1. Short-term Construction Activities 2. Air Conditioners , 3. Ventilation Fans rth willowspring Drive, Encinitas, CA 92024 ° MO -753-1865 ° Fax 760-7 53-0111 Eilar Associates ° 321 No Extended Stay America; Attention: Phil Williams Preliminary Noise Compatibility Evaluation of Hotel #8824 4. Drive-through Speakers and Order Entry 5. Garbage Collection 6. Staff Automobiles 7. Customer Automobiles 8. Automobile Alarms 9. Additional Street Traffic 10, Trucks Carrying Freight for Loading and Unloading 11. Backup Alarms 12. Outdoor Conversations IHOP Restaurant 1. Short-term Construction Activities 2. Air Conditioners 3. Ventilation Fans 4. Garbage Collection G. Staff Automobiles 6. Customer Automobiles 7. Automobile Alarms g. Additional Street Traffic g, Trucks Carrying Freight for Loading and Unloading 10. Backup Alarms 11. Outdoor Conversations Unknown Additional Facilities February 18, 2003 Page 6 There are provisions for two commercial, retail, or office buildings to be constructed on Parcels 1 and 3; current plans call fol- buildings of approximately 15,400 total square feet. The tenant(s) or use(s) are unknown at this time. The worst-case noise scenario for the planned facilities would be similar noise sources as the Wendy's Restaurant (see list above). Noise Impact Distances The residential property lines to the north of the proposed ESA project development are approximately 75 feet from the proposed buildings. Eilar Associates ® 321 North Willowspring Drive, Encinitas, CA 92024 - 760-753-1865 - Fax 76o-753-0111 February 18, 2003 Extended Stay America; Attention: Phil Williams Page 7 Preliminary Noise Compatibility Evaluation of Hotel #8824 Analysis For general methodology, please see Appendix C, Analysis Notes. Shot -Term Construction Activities Construction noise is a type of short-term noise regulated by the City of Diamond Bar Municipal Code, Section 22.23.120. The construction of the proposed project is feasible within the constraints of this code section and will not be further considered. Hotel Room Wall -Mounted Air Conditioners ESA utilizes an Arnana Packaged Terminal Air Conditioner (PTAC),for heating and cooling of guest rooms. The PTAC unit is rated at an exterior sound level of 6.4 Bells Sound Power. This equates to a noise level of 27 dBA at 75 feet. If all possible residential PTAC units are in operation along the northern side of the planned facility, the equipment noise levels may approach a maximum expected value of 33 dBA Ls, at the northern residential property line. Main Facilities Air Conditioner Unit(s) No main room air conditioner (A/C) units are currently shown on the preliminary plans. This type of unit would presumably be located on the southern side of the ESA hotel building, which is located farther away from the residential neighborhood, and would be shielded for noise and view by the hotel itself. However, to provide a worst-case preliminary analysis, noise emissions ding will be analyzed at a distance of 75 feet. A 10 -ton from a single A/C unit with no noise shiel Carrier (unshielded) A/C unit, model 50HJQ012, would produce approximately tats dBA at the northern residential1 t does not indicate(75feet). Note: This un any specific unit t win] be utilized.t is used as representative of typical units only; this repo Ventilation Fans No exact development plans are provided for ventilation fans within the development. However, these units are required in restaurants. These units, which typically produce less than 35 dBA at t5 feet, will be shielded behind parapetwalis, further reducing the ventilation fan noise levels. Dn ive Thru Sneakers and Order Entn'v Noise levels from restaurant drive-through order entry speakers are typically 35 dBA or less at 5 feet. Our analysis is based on an average order entry seconds and an noise level ag om ten the orders per hour. Table G„ on the following page, provides the calcu Eilar Associates , 321 North Willowspring Drive, Encinitas, CA 92024 ° 760-753-1865 o Fax 760-753-0111 February 18, 2003 Extended Shay America; attention: Phil Williams Page 8 Preliminary noise Compatibility Evaluation of Hotel #5324 drive-through speakers at 200 feet, which is the minimum expected distance away from the residential property line. Table 6. Drive -Through Speaker Noise Kno�n1 Noise Level 85.0 dBA Known (Meastn'ed) Distance 5.0 Feet Planned Distance 200 Feet Expected Noise Level 53.0 dBA Conversion to Hourly L 300 seconds 42.2 dBA Garbage Collection The typical noise level produced by a trash truck is approximately 90 dBA at 50 feet. However, this noise level occurs for a period of only 5 to 30 seconds for a maximum of one trash pickup per clay. This noise source will have an insignificant impact on the overall average ambient noise environment. Table 7. Garbage Truck Noise Known Noise Level 90.0 dBA Known (Measured) Distance 50.0 Feet Planned Distance 75 Feet Expected Event Noise Level 86.5 dBA Conversion to Hourly LF 5 seconds 57.9 dBA Staff Automobiles Staff automobile traffic noise levels Will be insignificant. CustomerAutomobiles There is no exact data available for the number mber of customer vehicles that are expected to pass by the north side d the proposed ESA hotel. Analysis based on automobiles parking in this area of the proposed project at'the rate of 14 vehicles trips per hour, at the average traveling speed rilar Associates • 321 North 1Nrillowspring Drive, Encinitas, CA 92024 - 760-753-1865 > Fax 160.753-0111 Februaiy 18, 2003 Extended Stay America; Attention: Phil Williams Page 9 Preliminary Noise Compatibility Evaluation of hotel #'8823 of 25 mph, will create an hourly noise level of approximately 34.0 dBA LEQ, at 50 feet (the approximate distance from the traffic lane to the northern residential property line.) Automobile Alarms The typical noise level produced by an auto alarm is approximately 85 dBA at 50 feet. However, accidental automobile alarm activation is an infrequent and brief occurrence and has an ient shuts off within three cle alarms are ec seconds. Please refer noise insignificant impactrefer toTable 8 for aesummry of the yaexpectautomobile led alarm noise level. Table S. Automobile Alarms Additional Project -Related Vehicle Traffic Additional project -generated vehicle traffic noise on Brea Canyon Road and State Highway 60 (Pomona Freeway) is expected to be insignificant. Trucks Car vine Freight for Londins and Unloading Typical exhaust noise from a modern freight vehicle engine, at full operating RPM under load, with an exhaust system in good condition, is less than 70 dBA LEQ at 50 feet. This noise emission is generally less than three feet in height, for a standard truck, and may be as high as 10 feet for a tractor -trailer vehicle. The expected noise levels from this type of truck activity atthe proposed project site are shown in Table 9, on the following page. Eilar Associates ° 321 North W illowspring Drive, Encinitas, CA 92021 ° 760-753-1865 ° Fax 760-753-0111 85.0 dBA ise Level easured) Distance50.0 Feet §Known 75 Feet istance Noise Level 81.5 dBA c reversion to Hourly L 3 seconds 50.7 dBA Additional Project -Related Vehicle Traffic Additional project -generated vehicle traffic noise on Brea Canyon Road and State Highway 60 (Pomona Freeway) is expected to be insignificant. Trucks Car vine Freight for Londins and Unloading Typical exhaust noise from a modern freight vehicle engine, at full operating RPM under load, with an exhaust system in good condition, is less than 70 dBA LEQ at 50 feet. This noise emission is generally less than three feet in height, for a standard truck, and may be as high as 10 feet for a tractor -trailer vehicle. The expected noise levels from this type of truck activity atthe proposed project site are shown in Table 9, on the following page. Eilar Associates ° 321 North W illowspring Drive, Encinitas, CA 92021 ° 760-753-1865 ° Fax 760-753-0111 February 18, 2003 Extended Stay America; Attention: Phil Williams Page 10 Preliminary Noise Compatibility Evaluation of hotel #8824 Table 9. Delivery Truck Noise* Known Noise Level 70.0 dBA Known (Measured) Distance 50.0 Feet Planned Distance 75 Feet Expected Noise Level 66.5 dBA Conversion to Hourly L . 45 seconds 47.4 dBA L "Note: This noise level is a worst-case scenario; most delivery truck exhaust systems are significantly quieter. Furthermore, it would be highly unusual fora truck engine to be at full RPM within this environment. Backup Alarms For safety purposes, most delivery vehicles are equipped with backup alarms. These alarms are automatically activated by a switch, when the vehicle transmission is placed in a reverse gear. The alarms are located on or near the rear bumper on a normal delivery truck and on or near the truck bumper of a tractor trailer -unit. Typical backup alarm noise level is 82.0 dBA or less at 25 feet. The alarm unit produces a highly directional noise, emitting towards the rear of the truck. Procedures should be implemented to restrict this noise from being directed toward the residential area to the north. The backup alarm noise is reduced by 6 dBA by its directional nature, when directed away from the residences, producing 76.0 dBA at the front of the truck. While backing up, the no from truck backup alarm and exhaust will typically last less than 15 seconds per event and will average one event (or less) per holo'. Table 10 illustrates the expected noise level from truck backup alarms. Table 10. Backup Alarm EExpected evel 76.0 dBA red) Distance 50.0 Feet nce 75 Feet e Level72.5 dBA Hourly L 15 seconds 48.7 dBA )film• Associates ° 321 North Willowspring Drive, Encinitas, CA 92021 a 760-753-1865 ° Fax 760.753-0111 I ebruary 18, 2003 Extended ;stay America; Attention: Phil Williams Page 11 Preliminary Noise Compatibility Evaluation of Hotel #8821 Outdoor Conversations Human conversation is typically about 60 dBA at 5 feet. Table 11 outlines the expected noise level from conversations held 50 feet from the northern residential property line. Eilar Associates • 321 North Willowspring Drive, Encinitas, CA 92024 e 760.7553.1865 < Fax 760-753-0111 February 18, 2003 ]Extended Stay America; Attention: Phil Williams Page 12 Preliminary Noise Compatibility Evaluation of Hotel #8824 Worst -Case Unmitigated Summed Noise Levels ise levels all worst-case events happening The expected worstmmed inTable12;� he expected worst - l case unmitigated nighttime sunoise simultaneously) are �u1 levels are presented in Table 13, on the following page. 'fable 12. Unmitigated Maximum Daytime Noise Sums (includes Delivery and Garbage' Truck Noise) At Northern Residential Property Line Hotel Room A/C Units 38.0 dBA LEQ Main Facilities A/C Unit(s) 41.0 dBA LEQ Ventilation Fans 35.0 dBA LEQ Closest Drive -Through Speaker 42.2 dBA LEQ Garbage Collection 57.9 dBA LEQ 34.0 dBA LEQ Automobiles Accidental Auto Alarms 50.7 dBA LEQ Delivery Trucks 47.4 dBA LEQ 48.7 dBA LEQ Backup Alarms Outdoor Conversations 25.2 dBA LEQ Maximum Continuous Unmitigated Noise Sum 59.6 dBA Note: The maximum ordinance noise level allowed without considering ambient conditions is 55 dBA LEQ, the average of residential and commercial daytime noise limits. Film• Associates' 321 North 11'illowspring Drive, Encinitas, CA 92024 a 760-753-1865 -Fax 760-153-0111 February 18, 2003 Extended Stay America; Attention: Phil Williams Page 13 Preliminary Noise Compatibility Evaluation of hotel #8824 Table 13. Unmitigated Maximum Nighttime Noise Bums (does NOT include Delivery and Garbage Truck Noise) At Northern Residential Property bine Hotel Room A/C Units 38.0 dBA LLQ Main Facilities A/C Unit(s) 41.0 dBA LLQ Ventilation Fans 35.0 dBA LLQ Closest Drive -Through Speaker 42.2 dBA LLQ Automobiles 34.0 dBA LLQ =" Accidental Auto Alarms 50.7 dBA LLQ Outdoor Conversations 25.2 dBA LLQ Maximum Continuous Unmitigated Noise Sum 52.0 dBA LFA Note: The maximum ordinance noise level allowed without considering ambient conditions is he residential and commercial nighttime noise limits. 50 dBA LLQ, the average of t Impact The development of the three- story E SA hotel building will provide approximately 2.5 dBA LLQ of noise shielding to the residences located north of the ESA building. The worst-case noise levels provided in the analysis above are based on all events occurring simultaneously, which is a highly unlikely event. The actual property line noise levels, with one or two of the noise -producing events occurring simultaneously, would be in compliance. However, to provide additional noise control for the nearby residences several elements are suggested below. The proposed ESA hotel is within the Conditionally Acceptable noise range as defined in Table IV -1 Noise Standards for the City of Diamond Bar. Mitigation of noise levels to 45 CNEL or less is feasible for the proposed interior living spaces. Details may be provided in a final exterior -to - interior noise analysis, when the final building plans are available. Eilar Associates • 321 North W illowspring Drive, Encinitas, CA 92024 ® 760-753-1865 ° Fax 760-753-0111 February 18, 2003 Extended Stay America; Attention: Yhil Williams Page 14 Preliminary Noise Compatibility Evaluation of Hotel #8824 Mitigation Four recommendations are proposed, to control noise: A permanent 6- to 8 -foot high noise control fence,/wail placed along the northern property boundary is recommenced (if allowed by local regulation/ordinance). Specifications for the fence/wall can be provided prior to approval of building plans. This noise control fence/wall ,3 i11 provide at least 6 to 10 dBA LEQ of project noise shielding, as well as a small level of noise shielding of the vehicle traffic noise from State Highway 60 (Pomona Freeway). With this noise control fence/wall, the maximum worst-case daytime noise levels would range from 49.6 to 53.6 dBA LEQ at the northern property line; this is 1.4 to 5.4 dBA Lr« below the daytime property line noise limit. The noise control benefit from the fence/wall will result in maximum nighttime noise levels ranging from 42.0 to 46.0 dBA L,, at the northern property line; this is and 4.0 to 8.0 dBA LrQ below the nighttime property line noise limit. To provide access to the flood control channel, the fence/wall can be designed to include either gates or openings with overlapping walls (or both). 2. On-site garbage collection should be limited to the ordinance daytime hours of 7 a.m. to 10 p.m. 3. An unattended continuous auto alarm will exceed the noise ordinances and has the potential to create a significant impact on nearby residents. No mitigation is feasible for this occasional event; however, methods can be developed to limit the eventlength to a minimum period. For example, the hotel staff could maintain a list of guest license numbers and corresponding room numbers in order to promptly notify guests of the offending alarm. 4. The paved areas planned to be located at the northern side of the project buildings, near the residential area, should be limited to auto parking; through traffic should be discouraged. Conclusion The proposed ESA hotel and the proposed permanent noise control fence/wall along the northern property boundary will provide an overall noise reduction of at least 6 to 10 dBA LFQ to the existing residential neighborhood, to the north of the planned project. The expected overall noise levels created by the proposed development, with the permanent noise control fence/wall in place, will be in compliance with the City of Diamond Bar Municipal Code noise limits. Furthermore, the three-story ESA hotel building will provide significant noise shielding to the residences north of the hotel from both the current and future traffic noise from State Highway 60 (Pamona Freeway). Eilar Associates a 321 North Willowspring Drive, Encinitas, CA 92024 ° 760-753-1865 ^ Fax 760-753-0111 Extended Stay America; Attention: Phil Williams Preliminary Noise Compatibility Evaluation of Hotel #8824 Certification February 18, 2003 Page 15 This preliminary noise compatibility evaluation is based on the information received and of sed ESA represents Btrue Hotel #8824 pr ject. Thisthe report was prepared byassociated Char es Terry and Diamond Bar Douglas Dlarnon Eilar. EILAR ASSOCIATES Te"-, Mechaiical Engineer Consultant in Acoustics, Investigator Figures 1. Satellite Aerial Photograph 2. overall Site Plan Appendices Douglas K. Eilar, Principal A. Noise or Sound Level Descriptors B. Relevant Sections from the City of Diamond Bar Municipal Code C. Analysis Notes D. Typical Traffic Distribution Levels References ® City of Diamond Bar Noise Ordinance. ® City of Diamond Bar Noise Element to the General Plan. ® Beranek, Leo L., Acoustical Measurements, Published for the Acoustical Society of America by the American Institute of Physics, Revised Edition, 1988. ® Harris, Cyril M., Handbook of Acoustical Measurements and Noise Control, Acoustical Society of America, 3r' Edition, 1998. ® California Department of Transportation, Sound3� Traffic Noise Model. Eilar Associates ® 321 North Willowspring Drive, Encinitas, CA 92024 ® 760.753-1865 ® Fax 760-7530111 R Noise or Sound Level Descriptors All noise level or sound level values presented herein are expressed in terms of decibels (0), with A -weighting, abbreviated "dBA," to approximate the hearing sensitivity of humans. Time -averaged noise levels are expressed by the symbol LEQ, for a Lspeci�d duration. Short duration peak noise levels are expressed by the symbolMnx° he Community Noise Equivalent Level (CNEL) is a 24-hour average, where sound levels during evening hours of 7 p.m. to 10 p.m. have an added 5 dB weighting, and sound levels during nighttime hours of 10 p.m. to 7 a.m. have an added 10 dB weighting. Sound levels expressed in CNEL are always based on A -weighted decibels. This is similar to the Day -Night sound level, Ld,,, which is a 24-hour average with 10 dB added weighting on the same nighttime hours but no added weighting on the evening hours. These data unit metrics are used to express noise levels for both measurement and municipal noise ordinances and regulations, for land use guidelines and enforcement of noise ve-band f ltered data,rdinances. Some of the whidata Ch are a series of may also be presented as octave -band -filtered and/or 1/a sound spectra centered about each stated frequency, with half of the bandwidth above and half below each stated frequency. This data is typically used for machinery noise analysis and barrier effectiveness calculations. (Further explanation can be provided upon request.) Noise emission data is often supplied per the industry standard format of Sound Power, which is the total acoustic power radiated from a given sound source as related to a reference power level. Sound Power is a specialized analytical method to provide information without a distance requirement; but it may be used to calculate the sound pressure at any desired distance. Sound Power should not be confused with Sound Pressure, which is the fluctuations in air pressure caused by the presence of sound waves, and is generally the format that describes noise levels as heard by the receiver. Sound Pressure is the actual noise experienced by a human or registered by a sound level instrument; when Sound Pressure is used to describe a noise source it must specify the distance from the noise source to provide complete information. A person's reaction to noise may vary depending upon his immediate state of mind and the type, intensity, and character of the noise. Under normal circumstances most people find that: (a) high pitched noises are more disturbing than noises of lower pitch, (b) the louder the noise the more likely it is to be disturbing, (c) intermittent, irregular, impulsive, or impact noises are more distracting than a steady-state noise, and (d) the longer the time of exposure to a disturbing noise the more irritating it becomes. Most people describe changes in sound levels along the following lines: (a) a 3 dB sound level reduction is barely perceptible, (b) a 5 dB sound level reduction is quite noticeable, whereas (c) a reduction of 10 dB is described as being dramatic or about one-half as loud. Relevant Sections from f JAn.-ft ond Bar Municipal Code Relevant Sections from the City of Diamond Bar Municipal Code Sec. 22.28.080. Exterior noise standards. (a) Standards for noise zones. Unless otherwise provided in this chapter, the following exterior noise standards shall apply to all receptor properties within a designated noise zone: Table 3-9 Exterior Eloise Standards b) Noise standards. No person shall operate or cause to be operated a source of sound location within ied, or the city or allow the creation of a noise on property measured on any odther property to exce d the following e controlled by a person that causes the noise level, ` exterior noise standards: (1) Standard No. 1. Standard No. 1 shall be the exterior noise level that may not be exceeded for a cumulative period of more than 30 minutes in any hour. Standard No. 1 shall be the applicable noise level from subsection (a); or, if the ambient L50 exceeds the foregoing level, then the ambient L;o becomes the exterior noise level for Standard No. 1. (2) Standard No. 2. Standard No. 2 shall be the exterior noise level that may not be exceeded for a cumulative period of more than 15 minutes in any hour. Standard No. 2 shall be the applicable noise level from subsection (a), plus 5 dB, or, if the ambient Les exceeds the foregoing level, then the ambient L25 becomes the exterior noise level for Standard No.2. (3) Standard No. 3. Standard No. 3 shall be the exterior noise level that may not be exceeded for a cumulative period of more than five minutes in any hour. Standard No. 3 shall be the applicable noise level from subsection (a), plus ten dB; or, if the ambient L8.3 exceeds the foregoing level, then the ambient LS.3 becomes exterior noise level for Standard No. 3. (4) Standard Standard o shall level t may not sd ed fora c mulatie eriodof moethan one m nute in any hour. Standard No. 4 hall be the Designated Noise Zone Exterior Noise Noise Zone Land Use (Receptor Time Interval Level (dB) Property) I Noise -sensitive area Anytime 45 10:00 p.m. to 7:00 a.m. (nighttime) 45 II Residential properties 7:00 a.m. to 10:00 P.M. (daytime) 50 10:00 p.m. to 7:00 a.m. (nighttime) 55 III Commercial properties 7:00 a.m. to 10:00 p.m. (daytime) 60 IV Industrial properties Anytime 70 b) Noise standards. No person shall operate or cause to be operated a source of sound location within ied, or the city or allow the creation of a noise on property measured on any odther property to exce d the following e controlled by a person that causes the noise level, ` exterior noise standards: (1) Standard No. 1. Standard No. 1 shall be the exterior noise level that may not be exceeded for a cumulative period of more than 30 minutes in any hour. Standard No. 1 shall be the applicable noise level from subsection (a); or, if the ambient L50 exceeds the foregoing level, then the ambient L;o becomes the exterior noise level for Standard No. 1. (2) Standard No. 2. Standard No. 2 shall be the exterior noise level that may not be exceeded for a cumulative period of more than 15 minutes in any hour. Standard No. 2 shall be the applicable noise level from subsection (a), plus 5 dB, or, if the ambient Les exceeds the foregoing level, then the ambient L25 becomes the exterior noise level for Standard No.2. (3) Standard No. 3. Standard No. 3 shall be the exterior noise level that may not be exceeded for a cumulative period of more than five minutes in any hour. Standard No. 3 shall be the applicable noise level from subsection (a), plus ten dB; or, if the ambient L8.3 exceeds the foregoing level, then the ambient LS.3 becomes exterior noise level for Standard No. 3. (4) Standard Standard o shall level t may not sd ed fora c mulatie eriodof moethan one m nute in any hour. Standard No. 4 hall be the applicable noise level from subsection (a), plus 15 dB; or, if the ambient L1.7 exceeds the foregoing level, then the ambient L1.7 becomes the exterior noise level for Standard No. 4. (5) Standard No, 5. Standard No. 5 shall be the exterior noise level that may not be exceeded for any period of time. Standard No. 5 shall be the applicable noise level from subsection (a), plus 20 dB; or, if the ambient LO exceeds the foregoing level then the ambient L1.7 becomes the exterior noise level for Standard No. 5. (c) Noise at zone boundaries. If the measurement location is on a boundary property between two different zones, the exterior noise level used in subsection (b) to determine the exterior standard shall fied in subsection be the arithmetic mean of the exterior noise levels, as speci.. of the subject zones. Except as provided for in this subsection, when an intruding noise source originates on an industrial property and is impacting another noise zone, the applicable exterior noise level as designated in subsection (a) shall be the daytime exterior noise level for the subject receptor property. (d) Measurement of ambient noise histogram. The ambient noise histogram shall be measured at the same location along the property line utilized in subsection (b) of this section, with the alleged intruding noise source inoperative. If for any reason the alleged intruding noise source cannot be turned off, the ambient noise histogram will be estimated by performing a measurement in the same general area of the alleged intruding noise source but at a sufficient distance so that the noise from the alleged intruding noise source is at least ten dB below the ambient noise histogram. If the difference between the ambient noise histogram and the alleged intruding noise source is five to ten dB, then the level of the ambient noise histogram itself can be reasonably determined by subtracting a one decibel correction to account for the contribution of the alleged intruding noise source. (e) Abatement notice in lieu of citation. If the intrusive noise exceeds the exterior noise standards provided in subsections (b) and (c) of this section at a specific receptor property and the director has reason to believe that this violation was unanticipated and due to abnormal atmospheric conditions, the director shall issue an abatement notice in lieu of a citation. If the specific violation is abated, no citation shall be issued. If the specific violation is not abated, the director may issue a citation. (Ord. No. 02(1998), § 2,11-3-98) Analysis Notes Analysis Notes Decibel Addition: To calculate the total noise from two separate noise sources, the noise levels are converted to the non -logarithmic base energy values added and then converted back to a logarithmic value this is done with the following formula: Lc = 101og ( ioLln° + lOL2/10 + .... 10LN/10) Where Lc = the combined noise level, dB LN = the individual noise sources, dB To approximate this addition please refer to Table 1; this is also valid when used successively for each added noise source beyond the first two. The reverse procedure can be used to estimate the contribution of one source when the contribution of another concurrent source is known and the combined noise level is known. These methods can be used for LEQ or other metrics such as LDN or CNEL, so long as the same metric is used for all components. Table 1. Sound Level Addition for Two Noise Sources Difference ( Add to Higher Value 0 -1 dB 3 dB 2-3dB 2 d 4-9dB 1dB 10 or more dB 0 dB Attenuation due to distance: Attenuation due to distance is calculated by the equation SPLI = SPL2 - 20 * Log ( D2 DI) where: SPLI = Calculated sound pressure level at distance SPL2 = Known sound pressure level at known distance DI = Distance from source to known sound pressure level D2 = Distance from source to location of calculated sound pressure level This is identical to the more commonly used reference of 6 dB reduction for every doubling of distance. This equation does not take into account reduction in noise due to atmospheric absorption. Hourly LE SuQ__ mma_tion. To determine the hourly average noise levels LEQwhen the noise is created for less than the full hour is done by converting the logarithm values to the base energy value multiplying by the percentage of the hour that the noise occurs and then converting the sum back to a logarithmic value this is done with the following formula: LEQ = 10 log ( PH * IoLpno) Where PH = the percent or fraction of the hour noise is created Lr, = the partial hour noise level, dB Table 2 can be used as a guide to approximate the hourly average noise levels. It is similar to and equivalent to a table found in many municipal noise ordinances to present the allowable duration of a noise in excess of a statutory limit. The decibel reduction in the following table corresponds exactly to the excess noise level which would be allowable for a period shorter than one hour. 60 minutes 0 dB 8 minutes 30 minutes 3 dB 6 minutes 20 minutes 5 dB 5 minutes 15 minutes 6 dB 4 minutes 12 minutes 7 dB 3 minutes 10 minutes 8 dB 2 minutes to Obtain Equivalent Hourly Average Sound Power to Sound Pressure This computation calls for the use of the equation. SPL = SWL2 - (20 * Log ( D,)) - 0.5 Where: SPL, = Calculated sound pressure level at distance D, = Distance from source to location of calculated sound pressure level 18 dB 21 dB 23 dB JdBWj 24 dB 25 dB 26 dB Sound Power to Sound Pressure This computation calls for the use of the equation. SPL = SWL2 - (20 * Log ( D,)) - 0.5 Where: SPL, = Calculated sound pressure level at distance D, = Distance from source to location of calculated sound pressure level Typical Traffic Distribution Levels % of ADT Hour 12:00 mid. -1:00 a.m. 0.4 1:00 a.m. - 2:00 a.m. 0.1 2:00 a.m. - 3:00 a.m. 0.1 3:00 a.m. - 4:00 a.m. 0.1 4:00 a.m. - 5:00 a.m. 0.2 5:00 a.m. - 6:00 a.m. 1.0 6:00 a.m. - 7:00 a.m. 3.5 7:00 a.m. - 8:00 a.m. 7.3 8:00 a.m. - 9:00 a.m. 6.4 9:00 a.m. -10:00 a.m. 4.9 10:00 a.m. -11:00 a.m. 5.3 11:00 a.m. -12:00 noon 62 12:00 noon -1:00 p.m. 6.9 1:00 p.m. - 2:00 p.m. 6.5 2:00 p.m. - 3:00 p.m. 7.4 3:00 p.m. - 4:00 p.m. 8.0 4:00 p,m. - 5:00 p.m. 8.6 5:00 p.m. - 6:00 p.m. 8.5 6:00 p.m. - 7:00 p.m. 6.1 7:00 P.M. - 8:00 p.m. 4.2 8:00 P.M. - 9:00 P.M. 3.1 9:00 p.m. -10:00 P.M. 2.4 10:00 P.M. -11:00 P.M. 1.6 11:00 p.m. -12:00 mid. 1.1 Total: 100% APPENDIXD m RM %N, .m . »«3s�- IM \~ - , . � . � La m RM NM J w = U N Ljj m It LO, - to W to MI � . Io 1371J15 830NVA80 aVae and HDATS 00, a a pl.A llljtLUVINATEF TENNN- r.lw __MAl-LCIAC--)LRF-& jtrS_TALL I DIF _UUMINATED MIN I. IDC�M Alt011 PVLOA Page I of I 1 ret (,jjjj 4LAINUte W MWl UA fc, STONK ;;IIMING :" '"EAF-5 ­) M;� '-`1 H" ""' TO: Chairman and Planning Commission FROM: James DeStetsno.Deputy City Manager SUBJECT- Conditional Use Permit No. 2002-08. Variance No. 2002-03 and ' Mitigated Negative Declaration No. 2002-09 For Global Mission Chunch, 23425 Sunset Crossing Rnad, Diamond Bar, CA 91765(APN8706-001-008) The proposed project includes the following applications: mitigated Negative Declaration No. 2OO2-09 Conditional Use Permit No. 2002-08 Variance No. 2OO2-03 The proposed development project was presented to the Planning Commission at a public hearing on January 28, 2003. The public hearing was continued to February 25, 2003. The staff was directed to prepare the documents containing its recommendation regarding the requested entitlements. The applicant, Global Mission Church, is seeking two (2) discretionary approvals: Eirst, a Conditional Use Permit (CUP) is sought to use the existing 20,140 square Second,foot vacant building for a church. Section 22.10.030 (Table 2-5) of the Diamond Bar Development Code (DBDC) permits a church use in the CM zone, provided a CUP is first approved by the City's Planning Commission. the applicant ' e deviation (zone variance)) from Section 223O~'OAo(�heD�[ to'ad|mw|eomGhantheminimumnumb*rcfrequimdon' aiteperkingopaumoincnrjun � ' conjunction with eproposed omdohurohhmUiiy. The subject site has only 80 on-site parking spaces. Based on the floor plan design and intended ancillary uses of the building, the DBDC requires aminimum *f368 parking spaces The subject property is addressed as 23425 Sunset Crossing Road and it contains approximately 40, 750 square feet of land area, The site is located on the north side of Sunset Crossing approximately 1,000 feet east of Diamond Bar Boulevard. The site is fully developed with a 20,140 -square foot two-story vacant building. The existing concrete tilt -up building was previously occupied by a fitness health club (LA Fitness). The building is vacant and the site shows signs of neglect and deferred maintenance. The site was developed before the City's incorporation. The County of Los Angeles imposed the development standards, including off-street parking requirements. The development standards in effect at the time of project site's development are substantially different from those of the City of Diamond Bar. It is unlikely that the same style of development could occur under the current development standards. The site is zoned CM (Commercial/Manufacturing). khas a General Plan Land Use designation ofCommercial/Office (maximum 1.OF,4.Rl The abutting property Uothe north, south and west also have (3anena/ Plan Land Use designation o/ Commercial/Office and are zoned CM (Commercial Manufacturing). The properties are developed with an office building and commercial retail shopping center, respectively. The easterly adjacent property across Sunset Crossing Road has aGeneral Plan Land Use designation ofHigh Density Residential with e consistent R'3 8.000 (High Density Residential) zoning. The property is developed with e residential condominium pnojact Properties further east have a General Plan Land Use designation of Lu~' -' Low - Medium Residential, implementing R'1 8.000 (Single -Family Residential) zoning, and developed with detached single-family dwellings." The establishment of a church in the City's CM zone is a conditionally permitted use. Conditional uses are those uses, which have a special impact or uniqueness such that their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration and impact of the proposed use shall be conducted by comparing such use to fixed and established standards. This review shall determine whether the proposed use should be permitted by weighing the public need for and the benefit to be derived from the use against the impact, which it may cause. Also, conditions are imposed onuses toensure that any potential negative impacts are adequately addressed and that project proposals remain compatible with the PC 2/25/03 Page emx neighboring and surrounding uses soas not tobm detrimental to the public interest, health, safety, convenience orwelfare. Given the close proximity proposed church to residential neighbndhoodo, and combined with the limited number of 'n-sKe parking spaces for the intended use, staff U function of pmpe�y. hooconcamoabuut1�*ovena un . The nature of the use has the potential to significantly impact the adjacent streets by increasing the traffic volumes, and creating off-street parking problems. These adverse impacts typically arise when the congregation exceeds the building capacity and additional events and services (i.e. funerals, weddings, schools, proqrams, etc.) are conducted on a reqular basis. As explained in the applicant's supplemental application documentation, the church has a congregation /f 60 families (approximately 180 to 270 members) and assumes a growth rate ofapproximately 15?6per annually. Additionally, the major functions consist of two worship services (8:45 a.m. and 11:00 a.m.) to be hold on Sunday's, College and Young Adult Group (60 people) on Wednesday's (8:00 p.m. to 8:30 p.m.), Morning Prayer on Saturday's (20 people. 5:30 a.m. to 6:30 a.m.), and Church Office use on Tuesday through Sunday 9:00 em. to 8:00 P.M. (3 employees). The applicant ooUmatoa 150 people will attend the 8:45 a.m.Sundey morning worship service and approximately 12Uattendees adthe second worship service. To alleviate the inadequacy of on-site parking apaoeu, the applicant has secured a reciprocal parking agreement with the northerly adjacent property owner (556 North Diamond Bar Boulevard) for the non-exclusive use of140spaces. The parking spaces will bomade available tothe church onSundays between 7:OOu.m. and 11:O0p.m.and on weeknights from 0:30 p.m. to 11:OU pm. for e period of 20 years. The property addressed as 556 N. Diamond Bar Blvd. is developed with an u#ioa building. The associated off-street parking lot is purported to contain 184 surface parking spaces. Use of 140 spaces will bring the total number of available epocaa for the church to 200. leaving adeficiency of 1G8parking spaces. This deficiency iodiscussed inthe following Variance request. It is the applicant's contention that based on the current and projected size of its membership, and the type and frequency of events, 200 spaces are sufficient toadequately accommodate the use. In order to ensure that the proposed use of the site as a church is compatible with the surrounding and neighboring pmpertiea, and not cause any potential negative impacts, the applicant has suggested and is accepting of the following conditions of approval. 1"No use will be made ofApplicant's facilities other than uses that are directly related to church a%ivitieo, specifically worship uervires, religious schools, and member study and church related mea1inQs. Applicant agrees that it will not operate a nursery school, toddler school, "Mommy and KAe^ pmgnom, parenting program, orchild care center atthe subject site. 2� The Applicant will not lease or license use of its facilities, including its parking lot, to any third party. PC 2/25/03 Page om: 3. Applicant's members will refrain from street parking at all times. — App�onYu mmmbnmwjUbein��mo�dinwhing0zpark on�ondopadWn0lot and -'' adjoining site pursuant in the Parking Agreement. Applicant wiwimembersuse church —be volunteers 0odirect peddngonchumhparking lot and qnthe a�reciprocal ''�~oa| parking spaces in connection with �church services, religious education, cUumhrelated meaUnga.and hoprevent any on -street parking. ~ 4. App|icantwi||depoaha$1O.000coohbundhurporkingenhommmenttnbouh|ized by the City to monitor and implement personnel in the event Applicant does not adequately monitor and direct member parking /n connection vvizn church activities to effectively prevent on -street parking. 5. Applicant will certify 0othe City of Diamond Bar annually, or as often as the City prefers, the total number cfApplicant's members and staff. 8. Applicant does not anticipate dramatic or even significant growth in the foreseeable future. Applicant is a Korean Presbyterian church. Nevertheless, Applicant will add e oepemteand addkionu| worship service to prevent its 18~ parking spaces from becoming inadequate for Applicant's use,thereby n. ~� 7. Applicant is willing to onompt a 1O-yearlimit on the Conditional Use Permit and the Variance it seeks J the Planning Commission/City determines such e limitation imnecessary. U. No wedding or funeral will be permitted at the site where the anticipated attendance exceeds 18Svehicles. ^ It is staff's opinion that the applicant's suggested conditions are reasonable mitigation measures that will provide the necessary assurance to reduce the possible negative impacts from vehicular congestion and ensure public sede\y, thus making the church compatible with the neighboring and surrounding uses. The DBDC (Section 22.58.040) requires that aConditional Use Permit begranted if it can boshown that all ofthe listed findings wffact are inevidence. All findings must ba justified and upheld in the affirmative for approval of the Conditional Use permit; only one (1)finding mquimaanmgcKkm mnponoeiouphold adenia| It is staff's belief — that because of the recommended conditions —"— ''� `r iono of�ppn�va/ regarding e��nA p000e"" mo site and buUdingimprovements, and onand of�udasafety ' made in the a�irmo1ivo.amexplained inthe a�mnhed resolution. »ymeaounauaU�nd�nAmoanba The conditions of approval suggested bystaff are included in the draft resolution of approval attached to this report. PC 2/25/03 Page 4mo Building Improvements: The applicant is proposing to make modifications to the existing building to accommodate the proposed use. Exterior modifications include o new ground floor entry, auneoo ramps,restoration of the parking facilities and painting. If signs are to be installed onthe building separate plans will be submitted to the City for review and permit appmwai It is the staff's opinion that the proposed building and site improvements are consistent with the City's design guidelines and development standards. The applicant's second request is to permit a reduction in the required on-site parking spaces for a church use. Section 22.30-040 of the DBDC established the minimum - parking ratio for a church as 1 space for each 3 seats or 1 space for every 35 square feet of gross assembly area, classrooms, meeting room, etc. Furthermore, Section 22.30.070.C.2 requires that all parking spaces be located on the same parcel as the uses served, except that parking may be located on an adjacent parcel subject to a recorded covenant running with the land recorded by the owner of the parking lot guaranteeing that the required parking will be maintained for the use or activity served. Based onthe submitted floor plan, staff determined that ototal of 368 on-site parking spaces must be provided. This was derived by using the parking ratio of 1 space for each 35 square feet ofgross assembly area (e.g. oanuivary, seating, basketball court, youth groupSunday school room, o|aaorooma, and second floor lobby area). Although tneDBDC specifies two parking ratios for a church use. Section 22.04.020.F.1 of the DBDCea that the most restrictive /equiromont shall upp|y, thereby in this instance mandating |aong the 1 space for each 85 square feet ofgross assembly area. The revised plans show 60 on-site parking spaces with 140 spaces to be provided at the adjacent property (556 Diamond Bar Boulevard) for ototal of2OOparking spaces. The use of the adjacent pmperfieo parking opamaa has been resolved to be in compliance with the provisions ofthe DBDCallowing the use ofoff-site padkinAw0han acceptable parking agreement. Nonetheless, the proposed use still has edeficiency of 108parking spaces. Approval of a variance is intended to relieve the property owner from any inability to make nsaomnab|a use of their property in the same manner that other property of like character inthe same vicinity and zone can be used. Howmver, granting ofavariance uhuU not represent a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone. Further, it shall not authorize a use or activity, which is not expressly authorized by the zoning regulations governing the parcel of pmperty. The City's Development Code (Chapter 22.54) permits u variance to be gnentedn|y � it can b� shown that all of the listed findings of fact are in evidence. All - findings must bejustified andupheldin the affirmative for approval ofthe variance; only one (1)finding requires anegative response \ouphold adenial. PC 2/25/03 Page av/x The size, type, configuration, number of existing parking spaces and current zoning designation limits the available options for an adaptive re-use/occupancy of the building. For most permitted and conditionally permitted uses in the CM zone, the parking is based. on gross floor area. Therefore, based on the buildings sizable square footage in relation to the potential uses (i.e. office, service, medical, etc.) the site does not contain ample parking to meet the minimum number of required on-site parking spaces. It is staff's belief that approval of the variance would not constitute a special privilege. Because of the uniqueness of the property and its improvements, it is unfeasible to provide on-site parking that meets the DBDC requirements. This is atypical, as other CM zoned lots in the immediate vicinity have been designed with adequate on-site parking to meet the Code. Therefore, staff is of the belief that the deviation, in this case, would not be detrimental to the public health, safety or welfare of the community nor would it compromise or conflict with the intent of the ordinance. Also, the intended use of the building is a conditionally . permitted use in the CM zone, and with the recommended conditions regulating operating procedures, congregation size and securing added parking spaces would be consistent with the policies established in the General Plan. The resulting deviation from the minimum required number of parking spaces would still provide for a practical, safe and compatible development. It could be perceived that to disallow the owner utilization of the site in the manner requested constitutes an unreasonable hardship, as there are very few other reasonably permissible uses that would comply with the City's parking requirements. 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; 2. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property 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 entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and PC 2/25/®3 Page 6 of 8 5. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). Off Street Parking Reductions (Section 22.54.040-B ) ®SDG — A variance to reduce the required amount of off-street parking shall only be approved when the following findings can be made: 1. The intent of the parking regulations is to ensure that sufficient parking will be provided to serve the intended use and potential future uses of the subject site. 2. A Parking Permit is approved in compliance with Section 22.030.050 (Reduction of Off -Street Parking Requirements for Shared Uses). This application was advertised in the San Gabriel Valley Tribune and the Inland Valley Dai�tin on January 10, 2003. Approximately 119 -property owners' within a 500 - foot radius of the subject property were sent a notice of the public hearing on January 10, 2003. A notice of public hearing display board measuring at least four -foot by six 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 hearing. Pursuant to the provisions of the California Environmental Quality Act (CEQA), Article 6, Section 15070, the City has determined that a Mitigated Negative Declaration is required for this project. The Mitigated Negative Declaration No. 2002-09 has been prepared and is made part of this administrative record. Staff recommends the Planning Commission approve Conditional Use Permit No. 2002- 08, Variance No. 200203 and Mitigated Negative Declaration No. 2002-09, Findings of Fact, and conditions of approval as listed within the draft resolution. PC 2/25/03 Page 7 of 8 LDMAssociates Incorporated Planning Consultant 1. Initial Study/Draft Mitigated Negative Declaration of Envimnmental|mpaci 2. Applications and Supplemental Documentation; 8. Reciprocal Licensing Agreement for Parking; 4. Traffic Impact Analysis Report (UnacoU, Law& Greenspan, Engineers (July 3, 2002) 5. Revised Site Plan, Floor Plan and Elevation Drawings (Exhibit "A", dated January 28,2003). PC 2/25/o3 Page amo Draft extenskm request at a duly noticed public hearing inaccordance with Chapter 22.72ofthe City ufDiamond Bar Development Code. 13. This entitlement 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 ufthe approval date, a1 the City of Diamond Bar Community and Development Samioau Department, their affjdoxKstating that they are aware and agree \o muuepk all the conditions of this grant. Further, this grant shall not become effective until the permittee pays any remaining City processing fees. 20. Applicant will certify \othe City cfDiamond Bar Planning Commission annually, the total number ofApplicant's members, staff, and services tnensure adherence toall conditions ofapproval. G. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certifiQ9 mail to Diamond Bar Properties (Nora Ripper), 9454 Wilshi Boulevard, Suite 602, Beverly Hills, CA 90212 and Glo Mission Church (Daniel Kim), 3032 Hacienda Bouleva Hacienda Heights, CA 91745. 11 APPROVED AND ADOPTED THIS THE 25 TH DAY OF FEBRUARY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe Ruzicka.Chairman |J��De��o.��ni�����i�����do��y�����t����� ' d� ReaouUonwas du�in�oduoed.passed, and merumnx`UCumxsm"" City—DiamondBar.at aregular meeting of the Planning Commission held on the 25th day of February 2003, by the following vote: HE Draft church services, religious education, and church related meetings, and to prevent any on -street parking. 11. Applicant will deposit a $10,000 cash bond for parking enforcement to be utilized by the City at its discretion to monitor and enforce the off-street parking requirements as set forth in this permit in the event Applicant's use of the site negatively impacts the surrounding neighborhood. The Applicant shall be given a ten-day notice that the City intends to utilize the deposited funds for enforcement of the provisions of this entitlement. 12. The applicant shall enter into a parking agreement with the adjacent property owner (556 Diamond Sar Boulevard) for the use of 140 parking spaces. The document shall be submitted to the City for review and approval prior to recordation. The agreement shall remain in effect so long as the church is in operation at this location. 13. In the event that the off-street parking facilities become insufficient to meet the parking needs of this facility, the Applicant shall make whatever operation adjustments that may be necessary to mitigate negative impacts on the surrounding neighborhood to include the addition of worship services. 14. No wedding or funeral will be permitted at the site when it can be anticipated that demand for off-street parking exceeds the number of spaces made available for this use of land. 15. The existing building and site shall be remodeled in accordance with the submitted plans. 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. 16. The applicant shall provide handicapped access to the second floor of the structure in accordance with ADA requirements to the satisfaction of the City's Building Official 17. 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 fee in connection with Fish and Game Code requirements. 18. This entitlement is valid for two (2) years and shall be exercised (i.e. construction shall commence) within that period or this entitlement 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 CiN to provide coll;ctiM has obtained permits from Tne Gify 5, r.,ILhe_re,*I&ed to submit to the Planning Division for All landscaping and irrigation shall e alle prior of a Certificate of Occupancy. 5. All signs require oseparate review, fee and approval, which shall be in compliance with the provisions of the City's Sign Ordinance (Chapter 22.36). 6. The site shall bempaved'Ninclude the property owners portion of the alley, and parking lot re -striped inaccordance with City standards prior to issuance of aCeUJioeto of Occupancy. Additionally, the applicant shall paint the curb onboth sides ofalley red. All existing site lights shall bokept ingood operating condition and positioned au ao10prevent glare onto adjacent neighboring properties. 7. All events and activities akaU take place within the confines nfthe building. 8. Nouse will bemade ofApplicant's facilities other than uses that are i worship u�m|oau directly related m onuoon activities, specifically k/ �" . religious aohoo|u, and member study and church ny|mked meetings. Applicant agrees that it will not operate a nursery school, toddler school, "Mommy and Me" program, parenting program, orchild care center atthe subject site. 8. The Applicant will not be leased or license use of its haci\itioa, including its parking lot, 8oany third party other than that specified in the shared parking agreement. 10Applicant's members will n#from parking onthe pubUcn\entmd � all times. Applicant's members will boinstructed inwriting \mpark only o» its parking {o1 and adjoining site pursuant to the Parking Agreement. Applicant will use at least four (4) church members/volunteers to direct parking on the church parking lot and on the adjacent reciprocal parking spaces in conjunction with all 9 Draft The intent of the parking regulations is to ensure that sufficient parking will be provided to serve the intended use and potential future uses of the subject site; The applicant is required to enter into and record a parking agreement with the adjacent property owner to accommodate the anticipated parishioners. This agreement will provide 140 additional parking spaces for church use. The parking spaces will be made available to the church on Sundays between 7:00 a.m. and 11:00 p.m. and on weeknights from 6:30 p.m. to 11:00 p.m. fora period of 20 years. The property addressed as 556 N. Diamond Bar Blvd. is developed with an office building. The associated off-street parking lot is purported to contain 184 surface parking spaces. Use of 140 spaces will bring the total number of available spaces for the church to 200. With the additional parking, a parking deficiency will still occur. However, the conditions of approval for this project places restrictions on extra activities, requires additional services thereby putting less of a parking demand at any on particular time, church members directing and monitoring parking to effectively prevent on -street parking and a $10,000.00 cash bond for parking enforcement. It is anticipated that these restrictions along with the parking agreement will provide sufficient on-site parking at all times. Therefore, the adjacent neighborhood will not be affected. 2. A Parking Permit is approved in compliance with Section 22.030.050 (Reduction of Off -Street Parking Requirements for Shared Uses). The applicant is required, as a condition of approval, to record a mutual shared parking agreement with the adjoining property owner. The permit to operate a church on the subject property will only be valid as long as the parking agreement is in existence. F. 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, and elevation plans collectively labeled as Exhibit "A" as presented to the Planning Commission on February 25, 2003 and as amended herein, 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 01M historic unrestricted use of the site as a private gymnasium has impacted the surround neighborhood. The proposed restricted use of the existing substandard property is reasonable approach to achieving land use compatibility in the neighborhood. Granting the Variance is consistent with the General Plan and any applicable specific plan; Due to the aforementioned physical characteristics of the lot and improvements, strict application of development standards in this case would place an undue hardship on the applicant to reasonably use the site in this manner. Furthermore, based on the existing development size, configuration and improvements, which create a unique physical characteristic as it relates to the Code requirements, the proposal is not contradictory to the intent of the City's development standards, and would be appropriate for the intended use of the property. Also, the required conditions for securing parking and limiting the activities prevent potential negative impacts, and the intent of the Code will still be satisfied. The proposed entitlement would not be detrimental to the public interest, health, safety, convenience, or welfare of the City; and The intended use is conditionally permitted in the CM zone. Also, adequate conditions have been imposed to ensure the operation is not detrimental to the public interest, health, safety, convenience or welfare. Additionally, the site is adequately served with the required water, sanitation, and public utilities. Approval of the Variance would have no impact on these services. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The appropriate environmental analysis, in compliance with the requirements of the California Environmental Ouality Act (CEOA), has been conducted. Based on that assessment, a Mitigated Negative Declaration was prepared and is made part of this administrative record. �rlpiiiriiiiiiii "IF 'Wrjfig: k� A variance to reduce the required amount of off-street parking shall only be approved when the following findings can be made: 0 accordanceIn Section 22.54.040 (Findings and Decision) of the followingDiamond Bar Development Code, the Planning Commission finds that the a been -a and upheld in the affirmative because buildingof the recommended conditions of approval regarding operating procedures, site and * on [ to safety measures: 1. There are special circumstances applicable to the property (e.g., location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; The size, type, configuration, number of existing parking spaces and current zoning designation limits the available options for an adaptive re-use%ccupancy of the building. Because of the unique size, shape and topography of the property and its improvements, it is infeasible to provide on-site parking that meets the Diamond Bar Development Code requirements. This is atypical, as other CM zoned lots in the immediate vicinity have been designed with adequate on-site parking to meet the Code in existence at the time of the building construction. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Variance is sought; The granting of the Variance would allow the applicant to utilize the property for a reasonable use of land. The size of the existing building and its location are not desirable for commercial uses. The limited number of off-street parking spaces makes the existing facility unacceptable for traditional commercial uses of land. The proposed church use would not impact the existing surrounding development because the hours of operation for the church would not be during normal business hours. Thus competition for access to the existing off-street parking facilities would not occur. The applicant has indicated that the size of the church congregation will be limited so that demand for off-street parking will be controlled. When the available resources become impacted, the church will modify its operation. This approach to manage development can only be accomplished by the City through a Conditional Use Permit. The M The minor site and building improvements enhance the aesthetic appearance of the building and such improvements are compatible with the adjoining neighboring properties. The conditions imposed on the operating procedures and parking facilities will ensure that the development minimizes any potential negative impacts on the adjacent or surrounding properties. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The approximate 40,750 -square foot site developed with a 20,140 - square foot two-story building is adequate to accommodate the proposed church use. The site has access to a fully improved public right-of-way. The site is connected to the City's sewer system that has been determined to be adequate to serve the intended use of land. Approval of the Conditional Use Permit would have no impact on these services. 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; Before the issuance of City development permits and/or a Certificate of Occupancy, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. provisions6. The proposed project has been reviewed in compliance with t ' hI, - California Environmental Quality The appropriate environmental analysis, in compliance with the requirements of the Califomia Environmental Quality Act (CEQA), has been conducted. Based on that assessment, a Mitigated Negative Declaration was prepared and is made part of this administrative record 0 Draft The project site has a General Plan Land Use designation of Commercial/Office and a zoning designation of CM (Commercial Manufacturing). 3. Generally, the project site is surrounded to the north, south and west by commercial/office zone and developed property. The property to the east is zoned P-3 (8,000) and developed with condominium dwelling units. 4. The application is a request to use the existing 20,140 square building for church purposes. In addition, the applicant is requesting relief of the City's on-site parking requirements. Pursuant to Section 22.58.040 of the Diamond Bar Development Code, the Planning Commission finds: The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and provided that it complies with other applicable provisions of this Development Code and the Municipal Code; The proposed church is a conditionally permitted use within the CM zoning district. The project has been designed to meet or exceed the development standards set forth in the Development Code with the exception that the number of on-site parking spaces is less than required. A request for a variance from the parking standards has been filed with the City. The proposed use is consistent with the General Plan and any applicable specific plan; 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. Furthermore, the proposed use as conditioned herein, promote the General Plan Land Use objective of allowing a diversity of commercial/service oriented development types under certain conditions. 3. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; accordance with the provisions ofthe California Environmental Quality Act (CEOA);ond F. WHEREAS�F�ni���w������m����� ' all ufthe evidence presented in connection with the hearing mnthe Project, including but not limited to the staff report, all environmental data, and all written and oral testimony presented. 0�fT���������mau the Planning Commission hereby NOW, THEREFORE, , A. This P|�ni��mm���n ��8���1���c� ' forth inthe Recitals, Part 1o0this Resolution are true and correct. B. This pm�o �m been reviewed for compliance �� �e California | ' ' � The environmentalnav�wuono�dea�� En�nonmen�]Uu�|dy4m( E�A). the proposed project has been fully evaluated in Mitigated Negative Declaration No. 2002'2002'00. The Planning Commission has determined that the adoption of an Negative Declaration for the proposed project mitigates all potential impacts toa level of non -significance and that the review represents the independent judgment of the City. The mitigation me-ounoe set forth in the MitigatedNe[m1km Declaration are included as conditions ufapproval ofthis proposed project. There isnoevidence before this Planning Commission that the project proposed herein will have the potential ofanadverse effect onwild life resources o,the habitat upon which the wildlife depends. Based upon substantial evidence, this P|anning Commission here'nebuto1hepreaumptiono|adxeumuffeotsc*n%anedin Section 753.5(d) oftitle 14 ofthe California Code of Regulations. C Project Description Based upon the findings and conclusions set forth herein, this Planning NMI I 10110 6111#11*1011M 0114, W_ 1010011 developed with a two-story WPM A. WHEREAS, The applicant, Global �MisaionChurch (Daniel Kim), acting as the agent for the property owner, Diamond Bar Properties (Nora Ripper), has filed an application for Conditional Use Permit No. 2002-08, Variance No. 2002-03 and Mitigated Negative Declaration No. 2002-09 for property located at 23425 Sunset Crossing Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit 2002-08, Variance 2002-03 and Mitigated Negative Declaration shall be referred to as the "Application." B. VVHEREAS, On October 9, 2002 Notification of the public hearing for this project was providedi the Bulletin newspapers. On cto er 9, 2002, public hearing notices were mailed to approximately 103 property owners of record within a 700 -foot radius of the project. Furthermore, on October 8, 2002, the project site was posted with a required display board and public notices were posted in three public places; and C. WHEREAS, the Community and Development Services Department has determined that the proposed project represents anundnhantlogical, and appropriate development of the subject property that furthers the a goa|~ and objectives o/the City's adopted (�enona|Plan; and '' D. WHEREAS, on January 28, 2003 the Planning Commission of the City of Diamond Bar conducted eduly noticed public hearing. A1that time, the public hearing was continued to Febmary25. 2003 and the public hearing was concluded onthe Application; E. yVHERAS, the Planning Commission has reviewed and considered the environmental information relevant to the proposed project prepared in M James DeStefano, Secretary IM California Environmental Quality Act Mitigated Negative Declaration City of Diamond Bar Community & Development Services Department Planning Division -'*- 21825 E. Copley Drive I I I Diamond Bar, California 91765 tltq (909) 396-5676 (909)861-3117 Fax www.Cityof )iamondBarxom To: ® Los Angeles County Clerk's Office ® Office of Planning and Research Environmental Filing 1400 Tenth Street, Room 121 12400 E. Imperial Highway, Room 2001 Sacramento, California 95814 Norwalk, California 90650 Project Title and file No.: Conditional Use Permit 02.08 and Variance 02-03 Project Location: 23425 Sunset Crossing Road, Diamond Bar, CA 91765 (Los Angeles County) Project Description: Pursuant to Chapters 22.58 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 request approval of a Variance to permit less than the nummum number of required on-site 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.) Project Sponsor: Global Mission Church (Daniel Kim), 3032 Hacienda Boulevard, Hacienda Heights, CA 91745 This is to advise that the City of Diamond Bar, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this Mitigated Negative Declaration based on the following finding: ® The Initial Study shows that there is no substantial evidence that the project may have a significant effect on the environment. ❑ The Initial Study identified potentially significant effects but: (1) Revisions in the project plans or proposals made or agreed to by the applicant before this proposed Negative Declaration was released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and (2) There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. The Planning Commission hereby finds that the Mitigated Negative Declaration reflects its independent judgement. A copy of the Initial Study, and any applicable mitigation measures, and any other material which constitute the record of proceedings upon which the City based its decision to adopt this Mitigated Negative Declaration may be obtained at: City of Diamond Bar Community and Development Services Department/Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 (909)396-5676 The public invited to comment on the proposed Mitigated Negative Declaration during the review period, which ends January 28, 200 Plannin Consultant January 2 2003 Sienat r Title Date ❑ Los Angeles County Clerk's Office Date received for filing and posting ❑ OPR California Environmental Quality Act City of Diamond Bar Initial S';>�l _ J Community Development Services Department Planning Division ; l - 21825 C. Copley Drive - Diamond Bar, California 91765 ;> (909) 396-5676,,,�� (90 9) 861-3117 Fax vnv v.CityofDiamondBar.com — Project Title and File No.: Conditional Use Permit 02-08 and Variance 02-03 — 23425 Sunset Crossing Road Related File No(s).: N/A Submittal Date: January 2, 2003 Lead .Agency: City of Diamond Bar Community and Development Services Department/Planning Division 21825 E. Copley Drive Diamond Bar, CA 91765 (909) 860-2489 Project Contact: James DeStefano, Deputy City Manager Milan L. Garrison, Planning Consultant Project Sponsor: Mr. Daniel Kim (Global Mission Church) 3032 Hacienda Boulevard Hacienda Heights, CA 91745 Project Location: The project site is located in southeast comer of Los Angeles County, at the intersection of Los Angeles, Orange, and San Bernardino Counties within the City of Diamond Bar. The City of Diamond Bar is situated at the eastern end of the East San Gabriel Valley, adjacent to both Routes 57 and 60, as shown in Figure 1. In particular, the project site is located on the north side of Sunset Crossing Road east of the intersection of Diamond Bar Boulevard as illustrated in Figure 2. Project Description: The proposed project consists of a request for approval of a Conditional Use Permit to use an existing approximate 20,140 square foot vacant building for a church. Additionally, the proposal request approval of a Variance to permit less than the minimum number of required on-site parking spaces for a church use. The subject building is situated on a 40,750 square foot lot. City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 1 of 32 Figure 1 �- 32e�ional L,ocateon Ma Figure 2 — Subject Site/General Vicinity Mau r �* ------- 2001 sed, Pa PG EK O� v 91v, r'-uN irr CPO°61trG City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02-23425 Sunset Crossing Road Page 2 of 32 General Plan (Designation: Commercial/Office Zoning Designation: CM (Commercial Manufacturing) Surrounding Zoning and Land Uses: The abutting property to the north, south and west are zoned CM (Commercial Manufacturing) with a consistent land use designation of General Commercial/Office, and developed with an office building and commercial retail shopping center, respectively. The easterly adjacent property across Sunset Crossing Road has a General Plan Land Use designation of High Density Residential with a consistent R-3 8,000 (High Density Residential) zoning. The property is developed with a residential condominium project. Properties further east are zoned R-1 8,000 (Single Family Residential) with a consistent Land Use designation of Low -Medium Residential and developed with detached single-family dwellings. Immediate Adjacent Zoning and Land Uses: Zoning Land Use North CM South CM East R-3 8,000 West CM Office Building Commercial Shopping Center Multiple -Family Condominiums Commercial Shopping Center Site Size (AC./ SQ. FT.): 40,750 square feet/.93 acres Assessor's Parcel No(s): 8706-001-008 Other public agencies whose approval may be required (e.g. permits, financing approval, participation agreement) City of Diamond Bar — City Council City of Diamond Bar — Planning Commission City of Diamond Bar — Planning Division City of Diamond Bar — Public Works Department City of Diamond Bar — Building Department City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 3 of 32 R: ' 11 K , 101121 LUSKIN The environmental factors checked below would be potentially affected by this project, involving at least one impact that is "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils On the basis of this evaluation: ❑ Hazards & Hazardous Materials ❑ Hydrology/Water Quality Land Use/Planning ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation Transportation/Traffic ❑ Utilities/Service Systems ❑ NPDES ❑ Mandatory Findings ❑ I find that the proposed project COULD NOT have a significant impact on the environment and a NEGATIVE DECLARATION will be prepared. IN I find that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment and an ENVIRONMENTAL IMPACT is required. ❑ I find that the proposed project MAY have a "potentially significant impact' or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on an earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects 1) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier ETR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Prepared by: Milan L. Garrison. Consultant Department Representative: James DeStefano Reviewed by: Date: January 2_2003 City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 4 of 32 ENVIRONMIENTAL CHECKLIST: Issues (and Supporting Information Sources): Potential Potentialh Significant Less Than i Significant Unless Significant No Impact Mitigated Impact Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ X b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within ❑ ® ❑ a state scenic highway'? c) Substantially degrade the existing visual character or quality of the site and its surroundings? ® ❑ ❑ X d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the ❑ ® ❑ X area? II. AGRICULTURE RESOURCES — In determining Whether impacts to agricultural resources are significant ?nvironmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in Assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources ® ® ® X Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? ❑ ❑ ❑ X c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to El X non-agricultural use? City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 5 of 32 Issues (and Supporting Information Sources): Potential Potentialh Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact III. AIR QUALITY — Where available, the significance Criteria established by the applicable air quality Management or air pollution control district tnay be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable all quality plan? ® ® ® X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ® ❑ X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard El X (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ X concentrations? e) Create objectionable odors affecting a substantial number of ❑ ❑ ❑ X people? IV. BIOLOGICAL RESOURCES — Would the project: a) Has a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, ❑ ❑ ❑ X policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional ® ❑ ® X plans, policies, and regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? City of Diamond Bar- Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 6 of 32 Issues (and Supporting Information Sources): i Potential Significant Potentially Less Than Significant No Impact Significant Unless Impact lmpact Mitigated IV. BIOLOGICAL (cont.) c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act but not limited to, marsh, vernal pool, coastal, etc.) ® ® El(including, through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or n-dgratory fish or wildlife species or with established native ❑ ❑ ® A resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ❑ ® ® x ordinance? � Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approvedEl El x local, regional or state habitat conservation plan? V. CULTURAL, RESOURCES — Would the project: a) Cause a substantial adverse change in the significance of a ❑ ❑ ❑ x historical resource as defined in § 15064.5? b) Cause a substantial adverse change in the significance of an ❑ ❑ ❑ X archaeological resource pursuant to §15064.5? c) Directly or indirectly destroy a unique paleontological resource ❑ ® ® x or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? ❑ ® ® x City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 7 of 32 VI. GEOLOGY AND SOILS — Would the proposal: Potential Potentially Less Than No Significant Significant Significant Impact Impact Unless Impact Mitigated a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known El X fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ® ® Il X iii) Seismic -related ground failure, including liquefaction? iv) Landslides? ® % b) Result in substantial soil erosion or the loss of topsoil? El El ® X c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially ® ® ® X result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are El X not available for the disposal of wastewater? VII. HAZARDS AND HAZARDOUS MATERIALS — Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous ® ® X materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions ® El X involving the release of hazardous materials into the environment? City of Diamond Bar - Initial Study Conditional Use permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 8 of 32 Issues (and Supporting Information Sources): Potential Potentialk Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact _ VII. HAZARDS AND HAZARDOUS MATERIALS cont. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile ® ❑ El X of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section ❑ ❑ ❑ X 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public ® ® ❑ airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in ❑ ❑ ® X ie project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ❑ ® ❑ X h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are ® ® ❑ X adjacent to urbanized areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER QUALITY a- Would the i project a) Violate any water quality standards or waste discharge requirements? ❑ ❑ ® X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing ® ❑ X nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 9 of 32 Issues (and Supporting Information Sources): Potentialk Potential Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact VHI. HYDROLOGY AND WATER QUALTI'Y (cont.) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ ❑ ❑ X river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or ❑ X river, or substantially increase the rate or amount of surface runoff in a manner, which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or ❑ ® ❑ provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ® ElX ® g) Place housing within a 100-year flood hazard area as mapped on ❑ ® ® % a federal Flood Hazard Boundary of Flood Insurance rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures, which ❑ ® ❑ X would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the ® ❑ ® X failure of a levee or dam? I) Inundation by seiche, tsunami, or mudflow?::i� ❑ �Elx Ili. LAND USE AND PLANNING — Would the project: a) Physically divide an established community? L—X ❑ ❑ ❑ City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 10 of 32 Issues (and Supporting Information Sources): Potential Potentialiv Significant Less Than Significant Unless Significant tiu Impact Rlitigated Impact Impact IX. LAM) USE AND PLANNING (cont.) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not ® X 11 limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? ® ® El X X. MINERAL RESOURCES — Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ❑ ® ® X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific ® ® El X Ian or other land use plan? ould the project result: ersons to or generation of noise levels in excess of ff shed in the local general plan or noise ordinance, El d X dards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? El 0 El X c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ® 0 ® X d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the ® El ® X project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public ® El ® X airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Vanance 02- 23425 Sunset Crossing Road Page I I of32 Issues (and Supporting Information Sources): PotentiallN Potential Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact XI. NOISE (cont.) f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to ® ❑ ® X excessive noise levels? XII. POPULATION AND HOUSING. Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or ❑ ®® X indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ® ® ® X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ® ® ® X XIII. PUBLIC SERVICES. a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fine protection? ❑ ❑ ❑ X Police protection? ❑ ❑ ® X Schools? ❑ ® ® Parks? ❑ El JX Other public facilities? El® ❑ City of Diamond Bar - Initial Study Conditional Use Permit 02-09 and Variance 02- 23425 Sunset Crossing Road Page 12 of 32 Issues (and Supporting Information Sources): Potential Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact XIV. RECREATION. — a) Would the project increase the use of existing neighborhood I and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be El X accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? ® ® C] X XV. TRANSPORTATION/TRAFFIC — Would the project: a) Cause an increase in traffic, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., ® X result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency ❑ ® ❑ X for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in ® ® El X substantial safety risks? d) Substantially increase hazards due to a design feature (e.g,, sharp curves or dangerous intersections) or incompatible uses ❑ ❑ © X (e.g., farm equipment)? e) Result in inadequate emergency access? p ® ® X I) Result in inadequate parking capacity? ® X g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, ® X bicycle racks)? City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 13 of 32 Issues (and Supporting Information Sources): Potential Potentialiv Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact XVI. iTTILITIES AND SERVICE SYSTEMS ® Would the proposal: a) Exceed wastewater treatment requirements of the ❑ ❑ ❑ % applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the 13 X construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the ❑ ❑ ❑ gf construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project. from existing entitlements and resources, or are new or expanded ❑ ❑ ❑ X entitlements needed? e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity ❑ ❑ ❑ X to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? ❑ ❑ ❑ X g) Comply with federal, state, and local statutes and regulations related to solid waste? ❑ ❑ ❑ % City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 14 of 32 Issues (and Supporting Information Sources): Potential Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact VII. NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM (STT WA'T'ER). Would the proposal result in: a) Storm water system discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment ® ® X maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading docks or other work areas? b) A significantly environmental harmful increase in the flow or ® El p X volume of stone water runoff? c) A significantly environmental harmful increase in erosion of ® El ® X the project site or surrounding areas? d) Storm water discharges that would significantly impair the '',eneficial uses of receiving waters or areas that provide water ® El X .quality benefits (e.g. riparian corridors, wetlands, etc.)? e) Harm to the biological integrity of drainage systems and water ❑ C1 p X bodies? XVIII. MANDATORY FINDINGS OF SIGNIFICANCE — a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal El El X community, reduce the number or restrict the range of a rare or . endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 15 of 32 Issues (and Supporting Information Sources): I Potentially Potential Significant Significant Unless Less Than Significant No Impact Mitigated Impact Impact XVIII. MANDATORY FINDINGS OF SIGNIFICANCE (cont.) b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects ® ® X of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or 0 Ll X indirectly? City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 16 of 32 Explanation of Checklist Responses I. AFSTHETICS: Would the project: a) Have a substantial adverse effect on a scenic vista? No Impact. No scenic vistas are present in the proximate vicinity of the project site. Therefore, the re -use of the existing two-story building will not be out of character with other structures or uses in the area and would not cause views from adjacent commercial or nearby residential areas to be obstructed. The project will not result in any substantial aesthetic changes over existing conditions and thus no significant impacts would occur and no mitigation measures would be required. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. The General Plan Circulation Element does not identify any state scenic highways within the City. Furthermore, there are no significant trees, rock outcroppings, historic buildings or other significant scenic resources identified on the project site. Therefore, no scenic resources would be damaged by the implementation of the proposed project and no significant impacts would occur. No mitigation measures would therefore be required. C) Substantially degrade the existing visual character or quality of the site and its surroundings? No Impact. The project site is currently void of any business activity. The proposed church use within the confines of the existing building will not degrade the existing visual character or quality of the site. Future construction of minor fagade improvements at the project site will be short-term in nature. Therefore, the visual character of the site and the surrounding area would not be significantly affected by the proposed project. In addition, the project site is located in an area characterized by commercial developments. The church use as a conditionally permitted use will be similar in scale and design with the surrounding area. No mitigation measures would therefore be required. 4) Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? No Impact. The proposed project would utilize the following light sources: exterior lighting, interior lighting, and security lighting. However, the type of lighting proposed will not be out of character with the uses in the immediate area, and will not adversely affect day or nighttime views in the area with respect to light or glare. Lighting installations will be performed in conformance with the City of Diamond Bar Development Code; requiring that all installed lighting be designed and located so that direct light rays shall be confined to the premises. Construction activities will be limited to normal work hours and workdays in accordance with City Public Works' and Building Department regulations. Therefore, no temporary lights will be required or anticipated for the construction activity. The use of temporary lighting would only occur in the case of an emergency and their use would cease upon rectifying the emergency situation. Therefore, the project would not create a new source of substantial light and glare that would result in any significant impacts and no mitigation measures would be required. City o1' Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 17 of32 II. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts oil agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? No Impact: The proposed project will not result in the conversion of existing agricultural mn-d to urban uses. The project area is located in a developed commercial district and does not contain any agricultural resources as defined by the State Farmland Mapping and Monitoring Program. Therefore, no impact on existing agricultural resources would result from the implementation of this proposed project. No mitigation measures would be required. b) Conflict with existing zoningfor agricultural use, or a Williamson Act contract? No Impact. The proposed project site is currently zoned for light manufacturing uses, which has a consistent underlying land use designation. Therefore, the project would not conflict with existing zoning for agricultural use or a Williamson Act contract. Implementation of the proposed project would not require any mitigation measures. C) Involve other changes in the existing environment, which due to their location or nature, could result in conversion of Farmland, to non-agricultural use? No Impact. The proposed project area has been developed with urban uses. Development of the proposed project would not require any changes to the existing environment, which would result in the conversion of farmland to no -agricultural uses. No significant impacts would occur as a result of the proposed project. No mitigation measures would therefore be required. III. AIR QUALITY - Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air qualityplan? No Impact. Dust, both small diameter respirable matter (PMtr) and larger, heavier particulates, is normally the primary concern during new construction. Because such emissions are not amenable to collection and discharge through a controlled source, they are called "fugitive emissions." Particulate emission rates depend on soil silt, soil moisture, wind speed, area disturbed, number of vehicles, depth of disturbance or excavation, etc. Fugitive dust emissions are estimated at approximately 100 pounds per day per acre disturbed in the absence of any dust control measures being applied. Watering is generally assumed to reduce this rate by 50 percent, with reductions up to 80 percent possible through the use of chemical binders or other aggressive dust control measures. The SCAQMD estimates daily PM 10 emissions during construction to be 26.4 pounds per day per acre disturbed when standard dust control procedures required by SCAQMD Rule 403 are used. Current Rule City of Diamond Bar -Initial Study Conditional Use Permit 02-08 and Variance 02.23425 Sunset Crossing Road Page 19 o732 403 requirements are more stringent than when the 26.4 pound per acre estimate was developed. Currently required enhanced dust controls procedures can substantially further reduce the average daily PMte emission rate. The proposed project only involves motor fapade improvements over a very short amount of time. Constant monitoring of the construction activity by the City of Diamond Bar will insure compliance with the AQMP requirements. The applicable air quality management plan for the project area is the 1997 Air Quality Management Plan (AQMP) prepared by South Coast Air Quality Management District (SCAQMD). CEQA requires that projects be consistent with the AQMP. A consistency determination plays an essential role in local agency project review by linking local planning and unique individual projects to the AQMP in the following ways: 1) It fulfills the CEQA goal of fully informing local agency decision -makers of the environmental costs of the project under consideration at a stage early enough to ensure that air quality concerns are frilly addressed; and 2) it provides the local agency with ongoing information assuring local decision -makers that they are making real contributions to clean air goals contained in the AQMP. The AQMP provides standards of concentration for seven (7) air pollutants: ozone, carbon dioxide, nitrogen dioxide, sulfur dioxide, suspended particulate matter, sulfates, lead, as well as visibility -reducing particles. Only new or amended General Plan elements, Specific Plans, and significant projects need to undergo a consistency review. This is because the AQMP strategy is based on projections from local General Plans. The project is consistent with the General Plan in that there will be no net increase in planned commercial designated land. The project will not generate any stationary source emissions addressed by the AQMP, and the project will meet the SCAQMD Rule 403 standard dust control procedures, therefore no mitigation measures would therefore be required. b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? No Impact. The proposed project only involves minor facade improvements, thereby not resulting in substantial generations of dust to impact air quality. The project, based on the size of the proposal, would produce minimal emissions, which would be significantly less than the established threshold. No air quality impacts arc anticipated. Therefore, no mitigation measures would therefore be required. C) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? No Impact. Refer to Response III b above. d) Expose sensitive receptors to substantial pollutant concentrations? No Impact. Refer to Response III b above. e) Create objectionable odors affecting a substantial number ofpeople? No Impact. Refer to Response III b above. City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 19 of 32 IW. EI®LOGICAL RESOURCES: !Would the project: (a) Have substantial adverse effects, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plan, policies or regulations or by the California Department of Fish and Gane or the U.S. Fish and Wildlife Service? No Impact. The project site is located in an urban, developed area and does not contain any significant biological resources. The project site does not provide habitat for any candidate, sensitive, or special status species. Animal species located on the project site are likely limited to rodents and a variety of bird species that are able to adapt to life in urban environment. The proposed project would not create any significant impacts to special status biological resources. No mitigation measures are necessary. b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department Fish and Game or U.S. Fish and Wildlife Service? No Impact. As described above, the project site does not contain any significant habitat resources. The project site would not have a significant impact on riparian habitat or other sensitive natural communities identified in local, regional, or national plans, regulations or policies. No riparian habitat or sensitive natural communities are located within the project site. No significant impacts would result from project implementation. No mitigation measures are necessary. C) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc) through direct removal, filling, hydrological interruption, or other means? No Impact. The proposed project is located in an urban area developed with a mixture of commercial, industrial and residential uses and does not contain any wetland resources. No wetlands would be impacted by development of the proposed project. No mitigation measures are necessary. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? No Impact. The project site is not considered a migratory wildlife corridor due to the existing surrounding urban development. Moreover, there is no connection to any natural wildlife area. Therefore no substantial impacts will occur as a result of project implementation. No mitigation measures would therefore be required. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. The proposed project would not interfere with any policies protecting biological resources. No significant impacts would result from the development of the proposed project. Therefore, no mitigation is required. J) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? No Impact. No adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved habitat conservation plan exists at the site. Therefore, no mitigation measures are required. City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 20 of32 V. CULTURAL RESOURCES: Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5? No Impact. The existing structure or prior structures have ever been found to be historically significant oil the subject property. Additionally, no important persons or events are associated with the project site and no historical resources are located on the property. Therefore, no significant impacts would result from implementation. No mitigation measures are required. b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to ,¢'15064.5? No Impact. No archeological resources have been identified on or near the project site. No mitigation measures are required. C) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? No Impact. No paleontological resources have been identified on or near the project site. No mitigation measures are required. (1) Disturb any human remains, including those interred outside of formal cemeteries? No Impact. There are no known human remains within the project site or vicinity. Therefore, it is unlikely that the project would disturb any human remains. No mitigation measures would be required. VI. GEOLOGY ANIS SOILS: Would the proposal: a) Expose people or structure to potential substantial adverse effects, including the risk of loss, injury, or death involving: Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? No Impact. Section IV/Figure IV -1 of the 1995 General Plan Public Health and Safety Element identifies four (4) potentially active faults (e.g. Whittier, San Jose, Sierra Madre, and San Gabriel) which have a potential for causing local damage. The closest known active faults are located more than ten (10) miles from the City, with the greatest fault zone (San Andreas) located more than 26 miles northeast of the City. Additionally, no active fault traces are known to cross the project site. As a result, fault rupture within the City or near the project site is unlikely. Therefore, no mitigation measures would be required. it) Strong seismic ground shaking? No Impact. Section IV/Figure IV -I of the 1995 General Plan Public Health and Safety Element identifies four (4) potentially active faults (e.g. Whittier, San Jose, Sierra Madre, and San Gabriel) which have a potential for causing local damage. The closest known active faults are located more than ten (10) miles from the City, with the greatest fault zone (San Andreas) located more than 26 miles northeast of the City. The primary dangers associated with seismic activity are surface rupture, ground failure, liquefaction, and ground shaking. The proximity of the site to the active faults will result in ground shaking during moderate to severe seismic events. City building City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 21 of32 regulations provide specific construction techniques required for the seismic zone in which the project is located. Any new construction shall adhere to the prescribed minimum requirements to address seismic safety issues. Therefore, no mitigation measures would be required. iii) Seismic -related ground failure, including liquefaction? No Impact. Liquefaction refers to loose, saturated sand or gravel deposits that lose their load supporting capability when subjected to intense shaking. Liquefaction potential varies based upon on-site soil composition and groundwater depth. The California Department of Conservation is mandated by the Seismic Hazards Act of 1990 to identify and map the state's most prominent earthquake hazards, including areas where earthquakes are likely to cause shaking, liquefaction or other ground failure. The California Department of Conservation Division of Mines and Geology has recently updated existing seismic hazard maps for portions of southern California, including the area covering the potential project site. The State Geologist released the official maps March 25, 1999. The updated map that covers the project area indicates that the project site is not located in a liquefaction zone. No significant impacts would result from the use of the proposed project. No mitigation measures are necessary. iv). Landslides? No Impact. Land sliding is a type of erosion in which masses of earth and rock move down slope as a single unit. Susceptibility of slopes to landslides and other forms of slope failure depend on several factors. These are usually present in combination and include, but are not limited to, steep slopes, condition of rock and soil materials, presence of water, formational contracts, geologic shear zones and seismic activity. The area for the proposed commercial improvements is relatively fla(. The probability that this area is subject to landslides is remote at best. The chance of landslide and/or mudslide is not considered to be an impact. Therefore, no mitigation measures would be required. b) Result in substantial soil erosion or the loss of'topsoil? No Impact. The project would not result in any uses that cause substantial soil erosion. The project site is a developed piece of property located within an urban environment. Therefore, no mitigation measures would be required. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or of landslide, lateral spreading, subsidence, liquefaction or collapse? Pio Impact. Refer to Response VI b), above. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1997), creating substantial risks to life or property? No Impact. Refer to Response VI b), above. e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systetrts where sewers are not available for the disposal of wastewater? City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 22 of 32 No Impact. The proposed project is currently connected to the local sewer, and will not result in am significant impact on the local public sewer system. Therefore, no alternative wastewater disposal systems (i.e., septic tanks) will be required. No mitigation measures are required. VII. HAZARDS AND HAZARDOUS MATE S. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal ofhazardous materials? No Impact. The proposed church use in the existing building would not use or maintain any significant quantities of hazardous materials in its operation. All hazardous materials, e.g., janitorial chemicals and fertilizers, used on site would be stored and handled in accordance with State and federal requirements. The proposed project would not involve the routine transport, use or disposal of any significant quantities of hazardous materials. No significant impacts to the public or the environment would result from the proposed project. No mitigation measures are required. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accidentconditions involving the release of hazardous materials into the environment? No Impact. Refer to Response VII a), above. C) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? No Impact. There are no schools located within one-quarter mile of the project site, and no hazardous emissions will be associated with the proposed project. Therefore, no mitigation measures would be required. d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? No Impact. The project site is not listed as a hazardous materials site compiled pursuant to Government Code Section 65962.5 and, as a result, project implementation would not create a significant hazard to the public or the environment. Therefore, no mitigation measures would be required. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles, of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? No Impact. The proposed church use is not located in the vicinity of an airport safety zone and would not impact airport operations. The project would not result in safety hazards to people working in the project area. No significant impacts would result from the proposed project. Therefore, no mitigation measures would be required. J) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? No Impact. The project site is not located within the vicinity of a private airstrip. Therefore, no mitigation measures would be required. City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 23 of 32 g) Impair implementation of or. physically interfere with an adopted emergency response plan or ernergencr evacuation plan? No Impact. The proposed project would not involve any uses that would interfere with the City's Emergency Operations Plan or with major emergency evacuation routes out of the area. Therefore, no mitigation measures would be required. h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including _ where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? No Impact, The project site is not in a fire hazard area as depicted in the City's Public Health and Safety Element of the General Plan. Therefore, no mitigation measures would be required. VIII. HYDROLOGY AND WATER QUALITY: Would the project: a) Violate any water quality standards or waste discharge requirements? No Impact. In 1972, the Federal Water Pollution Control Act (also referred to as the Clean Water Act [CWAj) was amended to provide that the discharge of pollutants to waters of the United States from any point source is unlawful unless the discharge is in compliance with a National Pollutant Discharge Elimination System (NPDES) pemvt. The 1987 amendments to the CWA added Section 402(p), which establishes a framework for regulating municipal and industrial storm water discharges under the NPDES Program. On November 16, 1990, the U.S. Environmental Protection Agency (USEPA) published final regulations that establish storm water permit application requirements for specified categories of industries. The regulations provide that discharges of storm water to waters of the United States from construction projects that encompass five or more acres of soil disturbance are effectively prohibited unless the discharge is in compliance with an NPDES permit. The proposed project would not be subject to the NPDES program, because the project scope Therefore, no significant impacts would result from this project. No mitigation measures are necessary. b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? No Impact. The proposed project will not significantly change ground water recharge conditions. Currently, recharge is extremely limited due to runoff rates and soils conditions. Current overland flows across the pervious sections of the site do not typically infiltrate to a depth where an effect on ground water storage is realized. The proposed project will not contribute to withdrawals from an existing ground water supply. Therefore, no significant impacts would occur and no mitigation measures would be required. C) Substantially alter the existing drainage pattern of the site or area, including through the alteration of Phe course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off- site? No Impact. The project site has been previously developed for use and therefore, no changes to the site's drainage pattern would occur upon implementation of the proposed project. Moreover, the drainage pattern will follow the natural contours of the land as it exists. No significant impacts are anticipated as a result of project development. No mitigation treasures are necessary. City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 24 of 32 d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface nahoff in a mal.tner, which would result in flooding on- or off-site? No Impact. The proposed project would not require alterations to the existing drainage pattern of the site. Due to the small size of the site and its current developed status, impacts are not anticipated to be significant. No mitigation measures are necessary. e) Create or contribute runoff water which would exceed the capacity of existing or planned storrrnwarer drainage systems or provide substantial additional sources of polluted runoff? No impact. The proposed project would result in the conversion of permeable to impermeable surface because the site is currently developed, and no new construction is proposed. Therefore, no significant impacts would occur as a result of the proposed project. No mitigation measures are necessary. f) Otherwise substantially degrade water quality? No Impact. Compliance with City permit requirements will ensure that there will be no violation of water quality or waste discharge requirements. Therefore, no significant impacts would occur and no mitigation measures would be required. g) Place housing within a 100 year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? No Impact. The local Flood Insurance Rate Maps (FIRM) indicate that the subject development area is outside of the 100 -year and 500 -year floodplain. Therefore, no significant impacts would occur and no mitigation measures would be required. h) Place within a 100 year flood hazard area structures, which would impede or redirect flood flows? No Impact. According to the FEMA Flood Insurance Rate Map for the project area, the proposed development area is outside the designated 100 -year flood zone. Therefore, no significant impacts would occur and no mitigation measures would be required. i) Expose people or structure to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or darn? No Impact. The proposed project site is not located within a flood hazard zone as identified by the City of Diamond Bar Public Health and Safety Element as identified by the Flood Insurance Rate Maps (FIRM) prepared by FEMA. Therefore, no significant impacts would occur and no mitigation measures would be required. j) Inundation by seiche, tsunami, or mudflow? No Impact. The project area is located inland of the coast approximately thirty miles east of the Pacific Ocean and is not adjacent to any large bodies of water. Therefore, the site is not subject to seiche, and/or tsunami. Therefore, no significant impacts would occur and no mitigation measures would be required. IX. LAND USE AND PLANNING: Would the project: a) Physically divide an established community? City or Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 25 of 32 No Impact. The proposed project would be a continuance of the existing surrounding mixture of commercial and residential uses and therefore, would not divide an established community. Therefore, no significant impacts would occur and no mitigation measures would be required. b) Conflict with any applicable land use plan, policy, or regulation of an agency with Jurisdiction over the project (including, but not limited to the general plan, speciRc plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Potentially Significant Unless Mitigated. The proposed project site currently has a land use designation of General Commercial/Office, and is zoned CM (Commercial Manufacturing). The project will not require any legislative changes to the Land Use or Zoning designation. However, discretionary approval is necessary for the proposed church use and deviation from the minimum required on-site parking spaces in order to be consistent with the policies and requirements of the proposed zone. Mitigation Measures 1. Obtain approval of a Conditional Use Permit for the operation of a church in the CM zone with the appropriate conditions to ensure adequate provisions have been imposed to minimize any potential impacts on the neighboring and adjacent properties. 2. Obtain approval of a Variance to reduce the number of parking spaces required, with the appropriate conditions to ensure adequate provisions have been imposed to minimize any potential impacts on the neighboring and adjacent properties. C) Conflict with any applicable habitat conservation plan or natural community conservation plan? No Impact. The subject project area is not within any applicable habitat conservation plan or natural community conservation plan area. Therefore, no mitigation measures would be required. X. MINERAL RESOURCES: Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? No Impact. According to the City of Diamond Bar Open Space and Conservation Element, no mineral deposits of statewide or regional importance exist in the City. Therefore, no significant impacts would occur and no mitigation measures would be required. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? No Impact. See Response X a, above. XI. NOISE: Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? No Impact. The proposed project does not involve any significant amount of construction activity to the existing building. Furthermore, all activities of the proposed church use will be confined to the interior of the building. Also, the City's Community Noise Equivalent Level (CNEL) of 55-60 will be enforced for the project. The City's General Plan Public Health and Safety Element indicates that a Community Noise City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 26 of 32 Equivalent Level (CNEL) of 55-60 is considered as "Normally Acceptable" for commercial areas. The proposed project will be consistent with the zone and will not generate noise levels that exceed local standards. Therefore, no mitigation measures are proposed or required. b) Exposure ofpersons to or generation: of excessive groundborne vibration or groundborne noise levels' No Impact. Refer to Response XI a), above. C) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? No impact. There will be only minimal exterior construction activity associated with the proposed project, which will be temporary. The anticipated noise will be localized and confined to the development site. At the completion of the construction activity no permanent increase in ambient noise levels will be generated by the commercial use. Additionally, all business activity will be confined to the interior of the building. Therefore, no significant impacts would occur and no mitigation measures would be required. tl) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? No Impact. Refer to Response Section XI a)and c), above. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The proposed project is not located within an airport land use plan. Therefore, no significant impacts would occur and no mitigation measures would be required. Additionally, see response to Section XI a) and c), above. f For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The project site is not located in the vicinity of a private airstrip. Therefore, no significant impacts would occur and no mitigation measures would be required. XII. POPULATION AND HOUSING: Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure) ? No Impact. Although the .proposed commercial development will generate additional employment opportunities and activities, it is not significant enough to increase population from relocating to the area. It is not anticipated to directly or indirectly induce substantial population growth. Additionally, no residential uses within the City of Diamond Bar are associated with the project and the project will not require the extension of infrastructure in an area not previously served. Therefore, no significant impacts would occur and no mitigation measures would be required. b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 27 of 32 No Impact. No existing housing is located on the project site nor would any housing be displaced by the implementation of the proposed project. Therefore, no significant impacts would occur and no mitigation measures would be required. C) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? No Impact. See Response Section XII b, above. XIII. PUBLIC SERVICES: Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: a) Fire protection? No Impact. The Los Angeles County Consolidated Fire Protection District provides fire protection for the project area. All water mains and fire hydrants have been installed in accordance with the Fire Department guidelines. Therefore, no significant impacts would occur and no mitigation measures would be required. b) Police protection? No Impact. No significant impacts on existing police protection facilities are expected to occur as a result of this project. Therefore, no significant impacts would occur and no mitigation measures would be required. cJ Schools? No Impact. No significant impacts on existing school facilities will occur as a result of this project. Therefore, no significant impacts would occur and no mitigation measures would be required. d) Parks? No Impact. No significant impacts on existing parks will occur as a result of the proposed project since the project would not displace any public or private recreational uses. Therefore, no significant impacts would occur and no mitigation measures would be required. e) Other public facilities? No Impact. No additional impacts to other public facilities have been identified. Refer to Section XVI for a discussion on utilities and service systems. No mitigation measures would be required. XIV. RE,CREATI®N: Would the project: a) Cause an increase in the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? No Impact. The proposed project will have no direct effect on existing recreational facilities. No increases in the demand for such facilities will occur as a result of this project. Therefore, no significant impacts would occur and no mitigation measures would be required. City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02.23425 Sunset Crossing Road Page 28 of32 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities, -which might have an adverse physical effect on the environment? No Impact. The proposed project does not include nor require the construction or expansion of recreational facilities. Existing recreational opportunities will not be affected by project implementation. Therefore, no significant impacts would occur and no mitigation measures would be required. Xv. TRANSPORTATION/TRAFFIC: Would the project: a) Cause an increase in naffc, which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? Potentially Significant Unless Mitigated. The project has a single access point from Sunset Crossing Road, which has been designed to City standards to handle the anticipated traffic volumes. Therefore, implementation of the proposed project will not result in traffic generation above that of planned system capacity. However, roadway improvements at adjacent intersections are necessary to mitigate potential traffic congestion and ensure adequate ingress/egress from the site onto Sunset Crossing and subsequent Diamond Bar Boulevard. A detailed Traffic Impact Analysis Report (Linscott, Law and Greenspan Engineers, July 3, 2002) has been prepared. The following mitigation measures will be implemented to ensure project -related traffic impacts are less than significant. Mitigation Measures 1. The City's Traffic Engineer will review the traffic Impact Analysis and make appropriate required improvements to the potentially impacted intersections. b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? No Impact. The project does not propose any use, which could cause the level of service standard, which has been established by the county congestion management agency for designated roads or highways to be exceeded, either individually or cumulatively. Therefore, no mitigation measures are necessary. C) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? No Impact. The project does not propose any use, which could cause, any changes to traffic patterns, a significant increase in traffic levels or a change in location that results in substantial safety risks. Therefore, no significant impacts would occur and no mitigation measures would be required. d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. With the proposed site design improvements and off-site traffic mitigation measures, no hazards to safety from design features or incompatible uses are anticipated. Therefore, no significant impacts would occur and no mitigation measures would be required. e) Result in inadequate emergency access? City of Diamond Bar - Initial Study Conditional Use Pencil 02-08 and Variance 02-23425 Sunset Crossing Road Page 29 of 32 No Impact. Emergency access to the project site and the adjoining land uses will be maintained during the course of construction. Final project design will be subject to review by the City of Diamond Bar to ensure adequate emergency vehicle access prior to permit issuance. No mitigation measures would be required. f) Result in inadequate parking capacity? Potentially Significant Unless Mitigated. The proposed project does not meet the City's minimum required number of off-street parking spaces for the intended church use. However, the applicant has filed for approval of a Variance to deviate from this requirement. Mitigation Measures 1. Obtain approval of a Variance to reduce the number of parking spaces required, with the appropriate conditions to ensure adequate provisions have been imposed to minimize any potential impacts on the neighboring and adjacent properties. g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? No Impact. The project will not conflict with alternative transportation policies, programs and plans. Additionally, the project must comply with the City's adopted Transportation Demand Management Ordinance. Therefore, no mitigation measures would be required. XVI. UTILITIES AND SERVICE SYSTEMS: Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? No Impact. Adequate wastewater treatment and sewer infrastructures are in place to serve the proposed use. Therefore, no significant impacts will occur and the project will thus not exceed wastewater treatment requirements. No mitigation measures would be required. b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the constriction of which could cause significant environmental effects? No Impact. Because the proposed site and project area is largely developed, water and sewer infrastructures are in place, and no mitigation measures would be required. c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? No Impact. The proposed use will require onsite construction of drainage improvements to convey storm water flows to area drainage facilities in accordance with City regulations. No mitigation measures would be required. d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? No Impact. Refer to Response XVI(b), above. e) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? City of Diamond Har - Initial Study Conditional Use Permit 02-08 and Variance 02- 23425 Sunset Crossing Road Page 30 of32 No Impact. Refer to Response XVI( b), above. Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? No Impact. Existing landfills have sufficient capacity to serve the needs of the proposed project. No mitigation measures would be required. - g) Comply with federal, state, and local statutes and regulations related to solid waste? No Impact. All local, state, and federal guidelines regarding solid waste will be complied with. No mitigation measures would be required. DCVII. NATIONAL POLLUTI®N DISCHARGE ELIMINATI®N SYSTEM (ST®RMWATEIt): a) Would the proposal result in stoma water system discharges from areas for materials storage, vehicle or equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage delivery or loading docks or other work areas? No Impact. The proposed use will not result in storm water system discharges from materials storage, vehicle or equipment fueling or maintenance given the proposed use of the site as a church facility. No mitigation measures would be required. b) Would the proposal result in a significant environmentally harmful increase in the flow or volume of storm water runoff? No Impact. The proposed use of the existing building will not result in any significant environmentally harmful increase in either the volume or flow of storm water runoff. Therefore, no mitigation measures would be required. C) Would the proposal result in a significantly environmental harmful increase in erosion of the project site or surrounding areas? No Impact. The proposed use of the existing developed facility will not provide for any erosion of the project site or the surrounding areas. Therefore, no mitigation measures would be required. d) Would the proposal result in storm water discharges that would significantly impair the beneficial uses of receiving waters or areas that provide water quality benefits (e.g. riparian corridors, wetlands, etc.)? No Impact. The proposed use will not result in storm water discharges that would significantly impair the beneficial uses of receiving waters or areas that provide water quality benefits. Therefore, no mitigation measures would be required. (1) Would the proposal result in harm to the biological integrity of drainage systems and water bodies? No Impact. The proposed use will not result in any harm to the biological integrity of either drainage systems or water bodies. Therefore, no mitigation measures would be required. City of Diamond Bar- Initial Study Conditional Use Permit 02-08 and Vanance 02- 23425 Sunset Crossing Road Page 31 of 32 XVI11. MANDATORY FINDINGS OF SIGNIFICANCE: a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below subsustaining levels. threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? No Impact. Based on the preceding analysis, the proposed project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. Reuse of the commercial building shall be subject to the receipt of the appropriate permits from the respective governing jurisdictions. Moreover, no sensitive species have been observed in the riparian area. Therefore, no mitigation measures would be required, b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable " means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? No Impact. The project will not contribute to cumulatively considerable impacts. All potential impacts of implementing the proposed project in the context of the existing setting, current projects and probable future projects have been considered for all environmental categories contained in this section and no significant impacts after mitigation have been identified. Therefore, no mitigation measures would be required. C) Does the project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? No Impact. With the implementation of permit and code requirements as well as adoption of the recommended mitigation measures no direct or indirect adverse effects would occur on human beings. Therefore, no mitigation measures would be required. XIX. EARLIER ANALYSES: Earlier analyses may be used where, pursuant to a program EIR, tiering, or other CEQA process, one or more effects have been adequately analyzed in an earlier EIR or Negative Declaration. Section 15063 (c) (3) (D). a) Earlier analyses used. Identifv earlier analyses used and state where they are available for review. I ) City of Diamond Bar General Plan Final EIR (1995) 2) City of Diamond Bar General Plan (1995) 3) City of Diamond Bar Zoning Map (Revised, November 1998) 4) City of Diamond Bar Development Code (Adopted, November 1998) 5) Traffic Impact Analysis (Linscott, Law and Greenspan Engineers, July 3, 2002) All documents listed above are on file and may be reviewed at the City of Diamond Bar Community and Development Services Department, Planning Division, 2185 Copley Drive, Diamond Bar, California 91765, (909) 860-2489. City of Diamond Bar - Initial Study Conditional Use Permit 02-08 and Variance 02.23425 Sunset Crossing Road Page 32 of 32 9 W �'L T W� 3 w a 0 ti W 0. �w o) m co G d Q '� C LU o is L in acae 0 0 ® o o a c m ;9 caU w ro U W roc U I- � ro ' (6 9 d O G 41 ® o m_ p @ d a) fl, ro V U N ro s+ N_ d N N C . E N E N U'C o. •C 'in L 61 W x p Q co cuO Lu O ca cl o d p o. E _ n E v ® o m a ro m c h r of m.. o L U L >i O a. O p p .N ro ,L m > o Vi O> O vi N ' ro N N p 2 Q c o1E c oLE a E, m a p,� ro m = p c — ® > a c U 6: to o C c W o °a o ®° ro ro' 'a `o.p m', ao m yf ro N c ti C V o C c c c E� ® ® P o .� aaC c E 5 g t o S 3 n kp F p O g 3 a � m 23426 SUNSET CR03SING AD. $ 0. DIAMOND BAR, CA 91765 If I I ` d a GLOBAL NIJOGIJN c R - 29425 6UNSET OR0651NG RD. z L �k �F _" g DIAMOND 0 o - 9 GL0-'OAL IMIS3J01\1 0 HJROrI 23425 SUNSET CROSSING IID. 9i 3' DIAMOND BAIL, CA 91766 O k� m m -Di 0 z I n a m ED m 0 z z 0 _ m r m 0 z 1 a a O 2 m r m 0 z rl a �iLJ r1� 1�11INGRD. ] �r1UF3CH 23425 SUNSET CROSSING RD. GJ i DIAMOND BAR, CA 91785 23426 SUNSET CROSSING RC DIAMOND BAR, CA 91765 --0 --0 I I I I I 23426 SUNSET CROSSING RC DIAMOND BAR, CA 91765 --0 --0 a " g :; 12W 0 1019 111 i SM i DIAMOND ]EAR COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION FROM: Linda Smith, Development Services Assistant MEETING DATE: February25, 2003 SUBJECT: Conditional Use Permit No. 2002-15/Minor Variance No. 2002-10 The subject Application was continued from the February 11, 2003 Planning Commission meeting to allow the Applicant to submit and have City review of a Shared Parking Analysis based on a typical Saturday. a Required Parking 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 Revised 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 park there to leave parking in the front for customers. Staff has confirmed the existence of a shared parking and access agreement and the common use of ingress/egress, walks, etc. with the Management Company. The current shopping center has 410 existing parking spaces for the unsegregated parking: 396 regular and 14 disability. The Development Code requires 410 spaces for the center based upon the existing mix of uses prior to this application. The use of computer Services/network gaming center as proposed 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. @ Shared Parking Analysis The first report submitted was for o typical Tuesday and indicates 78 regular spaces + 14disability spaces are available onsite for the busiest hour 12:3Oam. The second report for a typical Saturday indicates 48 regular spaces + 14 disability spaces are available onsite for the busiest hour that imi2:3Opm. The City's Traffic Engineer has reviewed both napoda and concurs with the methodology of the reports. When looking at the entire site, adequate parking is available for all uses. However, both studies show few excess spaces inareas A~1through A-5that are inthe vicinity ufthe proposed computer/gaming center before 2:30 pm. After 2:30 p.m. the upauoo in the vicinity increase oothe existing bueinaaeaw peak hours decrease. The Applicant has sent e letter indicating that based on the shared parking analysis the hours of operation for this proposed use would be altered to e more favorable time for open parking, opening at 2:30 p.m. 4dthat time, the Shared Parking Analysis indicates 74 regular apocoa + 14 disability spaces would be available for the existing uses and the proposed use. Theneforo, staff supports and is able to make the required findings for Minor Variance toreduce the required number ofparking spaces by35spaces or7.A%. ° Residents Concerns Staff spoke with concerned residents from the February 11. 2003 meeting. They are concerned about the location of this facility and safety issues. The Diamond Bar Sheriff's Department oa||a for service for the existing computer gaming facilities in Diamond Bar are negligible. A thorough study of other cities and uses was conducted prior to the implementation of Diamond Bar's Ordinance. The Conditional Use Permit for the proposed computer Services/network gaming center is required to implement operational standards as prescribed in the City's Development Code. These standards are designed to ensure that this use is not detrimental to the public in(anea1, heo(th, oafoty, oonvonienco, or welfare, orinjurious to pmraono, pmperty, or improvements in the vicinity and zoning district inwhich the property iolocated. RECOMMENDATION: Staff recommends that the Planning Commission approve Conditional Use Permit No. 2002-15/Minor Variance No. 2002-10. Findings of Fact, and conditions of approval, as listed within the attached resolution Prepared by. - Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. Draft Resolution; 2. VVornan Siecke, Verbal Comments of Shared Parking SUudy, dated February 19. 2003: 3. Lin Consulting, |nc..Shared Parking Study, dated February 1B'2003; 4. February 11.2O03Planning Commission Report; �5. Letter from Applicant dated February 1Q.2OU3; O. Exhibit^A^-ade p|an, floor plan, dated February 25, 2003. ATTACHMENT "1" DRAFT A. Recitals The property owner, Lakeview Village Corporation, and applicant, Jerry Pao (PC Holiks), have filed an application for Conditional Use Permit No. 2002- 15/Minor Variance No. 200210 for a property located at 1119-1123 Brea Canyon Road, Diamond Bar, Los Angeles County, California as described in the title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit/Minor Variance and Categorical Exemption shall be referred to as the "Application." On January 29, 2003, 345 property owners within a 700 -foot radius of the project site were notified by mail. On January 31, 2003, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers and a notice of public hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing, and three other public places were posted within the vicinity of the application. On February 11, 2003, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing and continued the Application to February 25, 2003. On February 25, 2003 the Planning Commission conducted and concluded the duly noticed public hearing on the Application. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: The Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. The Planning Commission hereby determines that the project identified above in this Resolution is categorically exempt from the requirements of the ATTACHMENT "1" DRAFT California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder. This is pursuant to Section 15303 of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or 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. Based upon the findings and conclusions set forth herein, this Planning Commission, hereby finds as follows: (a) The project relates to a parcel at 1119-1123 Brea Canyon Road, Diamond Bar, California, a suite within an existing commercial shopping center with mixed uses of community retail, restaurants, and service. The project site's total acreage is approximately 10 acres with seven buildings of approximately 395,000 square feet. (b) The General Plan Land Use designation of General Commercial (C). The project site is zoned Neighborhood Commercial -Billboard Exclusion (C -2 -BE). (c) Generally, the following zones and uses surround the project site: to the north is Neighborhood Commercial -Billboard Exclusion (C -2 -BE) Zone and the SR 60; to the west is the Commercial Planned Development, 20,00020 Units (CPD); to the east and south is the Low Density Residential Zone (R-1-8000). (d) The application is a request to operate a computer services/network gaming center and to reduce the number of required off-street parking spaces by 7.5 percent in an existing shopping center. CONDITIONAL USE PERMIT (e) The proposed use is allowed within the subject -zoning district with the approval of a Conditional Use Permit and complies with all other applicable provisions of this Development Code and the Municipal Code. ATTACHMENT "l " DRAFT The purpose of the Conditional Use Permit is to provide a process for reviewing specified activities and uses identified in a zoning district whose effect on the surrounding area cannot be determined before being proposed for a particular location. A computer services/network gaming center is permitted in Neighborhood Commercial (C-2) which translates to the applicable standards of the Community Commercial (C-2) zone, with a Conditional Use Permit and as amended herein will comply with all other applicable provisions of the Development Code and the Municipal Code. (f) The proposed use is consistent with the General Plan and any applicable specific plan. The project site has a General Plan land use designation of General Commercial (C). Pursuant to the General Plan, this land use designation provides for regional, freeway oriented, and/or community retail and service commercial uses. The proposed project is considered a service commercial use. The Application as conditioned within this resolution is consistent with the General Plan. There is no specific plan. (g) The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity. The proposed use is within a suite in an existing multi -tenant commercial center processed by Los Angeles County consisting of seven buildings on a 10 -acre site. There are no changes, expansion, or structural alterations to this existing structure. Uses within the center are retail, restaurants, and service. The operating characteristics of the proposed use will be compatible with the existing and future land uses in the vicinity as conditioned through the Conditional Use Permit process. (h) The subject site is physically suitable for the type and density/intensity of use being proposed including access, provisions of utilities, compatibility with adjoining land uses, and the absence of physical constraints. The subject property is an existing shopping center. As referenced above in Item (g), the proposed computer services/network gaming center is an appropriate use at the subject property. (i) Granting the Conditional Use Permit will not be detrimental to the public interest, health, safety, convenience, or welfare, or materially ATTACHMENT "1„ DRAFT injurious to person, property or improvements in the vicinity and zoning districts in which the property is located. As referenced above in Items (e) through (i), the proposed computer services/network gaming center with a Conditional Use hermit, which will implement operational standards as prescribed in the City's Development Code, ensure that this use is not 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. Q) 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 (CEQA), Section 15303(c). MINOR VARIANCE (k) There are special circumstances applicable to the property (e.g. location, shape, size, surroundings, topography, or other conditions), so that the strict application of this Development Code denies the property owner privileges enjoyed by other property owners in the vicinity and under identical zoning districts or creates an unnecessary and non -self-created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards. This center was originally constructed under the Los Angeles County Code. Today's Development Code adopted in 1998 requires stricter parking requirements. New allowed uses with parking space deficiencies may be permitted provided that the new use can prove that adequate parking is available on site. A Minor Variance approval for a reduction of not more than 20% in the number of off-street parking spaces may be granted provided that a Shared Parking Analysis shows adequate parking for all uses based on the businesses'staggered hours of operation. In this case a Shared Parking Analysis for the subject site was prepared by a registered traffic engineer based on site observations on a typical Tuesday and Saturday, with current Development Code parking standards and uses. The Citys Traffic Engineer approved the reports. The analysis confirms that adequate parking spaces are ATTACHMENT "l DRAFT provided on site for the current business uses and the proposed restaurant. The Minor Variance request is to allow a reduction of required off- street parking spaces of 7.9 percent. Two Shared Parking Analysis Reports have been prepared that indicate that parking on-site is available to accommodate this use and the variety of existing uses as conditioned to open the business at 2:30 p.m.. Both studies show few excess spaces in areas A-9 through A-5 that are in the vicinity of the proposed computer/gaming center before 2:30 p.m. After 2:30 p.m. the spaces in the vicinity increase as the existing businesses peak hours decrease. The Applicant has sent a letter indicating that based on the shared parking analysis the hours of operation for this proposed use would be altered to a more favorable time for open parking, opening at 2:30 p.m. At that time, the Shared Parking Analysis indicates 74 regular spaces + 94 disability spaces would be available for the existing uses and the proposed use. Because of the variety of uses with varying hours of operation and varying peak parking times, the strict application of this Development Code makes it impractical to require compliance with the development standard for parking. (I) Granting the Minor Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied to the property owner for which the Minor Variance is sought. This center was originally constructed under the Los Angeles County Code. Diamond Bar's Development Code has stricter requirements, yet allows for the process of a Minor Variance for a reduction of not more than 20% in the number of required off-street parking spaces. Based on the analysis, the approval of the Minor Variance to allow a reduction of 7.9 percent will not hinder the businesses in the shopping center those have varying hours of operation and uses. Therefore, without a Minor Variance approval, the applicant is denied the same enjoyment and privileges, which other neighboring shopping centers in the same zoning district possess. (m) Granting the Minor Variance is consistent with the General Plan and any applicable specific plan. As stated in Items 4(e) and 4(0, this Application is consistent with the General Plan. The Shared Parking Analysis indicates adequate parking for the proposed use as well as existing uses. ATTACHMENT "1" DRAFT (n) The proposed entitlement would not be detrimental to the public interest, health, safety, convenience wrwelfare ofthe City. As ooh*nenoed above /n Items 4(e) through 4(i)' the proposed -� oo/nputeruonvioamhmtwn/t Qennhg canter with a Conditional Use Permit, which will implement operational standards aaprescribed /n the City's Development Code, ensure that this use bnot detrimental to the public interest, health' safety, convenience, or welfare, or injurious to pmmmna, property, or improvements in the vicinity and zoning district in which the property is located. The Shared Parking Analysis indicates adequate parking on-site with the proposed use ax well uuthe existing uses. (o) The proposed entitlement has been reviewed incompliance with the provisions ofthe California Environmental Quality Act (CEOA). Austated inItem 4U). 5. Based upon the findings and conclusion set forth above, the Planning Commission hereby approves this Application subject to the following (a) The project shall substantially conform tnsite plan, floor plans, and elevations collectively labeled oaExhibit "A"dated February 25.2003 as submitted . and approved by the Planning Commiaoion, and as amended herein. (b) Pmpertyowner/applkmnt shall remove the public hearing notice board within three days ofthis project's approval. (o) Within 30days ofthis approval, the applicant shall obtain permits from the City for the permanent wall sign identifying the business and the banner currently located onthe storefront. (d) The shopping center site shall beclean and maintained inocondition that isfree ofdebris both during and after the implementation ofthe entitlement granted herein. The removal of all tmoh, debha, and refuse, shall bedone only bythe property owner, applicant orbyduly permitted waste contractor, who has been authorized by the City to provide coUaotion, tnanoportu(ion, and disposal of solid waste from reoidenda|, 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 ofDiamond Bar tpprovide such services. r (e) Applicant shall provide two handicapped accessible computer stations. (f) Prior to the issuance of any permits, the Applicant shall submit a revised site plan that delineates the path of travel from the parking lot to building. This path of travel shall not exceed two percent cross slope. Existing ramp must be certified in order to meet all accessible requirements. �r. . .. r .w- .� (h) Pursuant to Development Code Section 22.42.035, the applicant shall implement and maintain the following operational standard for a computer services/network gaming center: (1) Shall provide at least one (1) full-time adult attendant or supervisor, 21 years of age or older for each 20 machines. (2) The applicant shall maintain a surveillance camera utilized within the store so that the attendant or supervisor on duty shall be able to see all computer screens. (3) Computers shall be available for use only between 2:30 p.m. and 12:00 midnight Sunday through Thursday; and between 2:30 p.m. and 2:00 a.m. on Friday and Saturday. (4) 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. (5) Hours of operation shall be posted in a conspicuous place. (6) Shall have a waiting area for minimum of eight seats. No waiting list shall be maintained beyond the seating capacity of the waiting area. (7) There shall be no loitering around any computer services/network gaming center; applicant shall post "No Loitering" and curfew signs in front of the business. (8) Shall maintain the two toilet and lavatory facilities on the site plan. (9) Shall provide bicycle parking adjacent to the premises. (10) 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. (11) Entrance doors shall be equipped with an automatic self- closing system. (12) Alcohol consumption shall be prohibited. ATTACHMENT "1" DRAFT (13) Accessing adult-oriented Internet sites shall be prohibited. Business owner shall provide filters for the computer network to prevent user(s) from accessing adult web sites. (15) 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. (16) A computer services/network gaming center shall not be operated in a detrimental manner (i.e., loitering, creating excessive noise, etc.) to adjoining businesses and the community. (i) Exterior doors shall swing out. (j) Restroom, fixture location and dimensions shall be handicapped accessible. (k) Employees of the shopping center and computer gaming center shall utilize parking in the rear of the shopping center. (1) Applicant shall conform to State and local Building Codes (i.e. 2001 editions of the California. 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; (m) To ensure compliance with all conditions of approval and applicable codes, the Conditional Use Permit shall be subject to periodical review. If non-compliance with conditions of approval occurs, the Planning Commission may review the Conditional Use Permit and additional operational conditions may be added. (n) This grant is valid for two (2) years and shall be exercised (i.e. construction) within that period or this grant shall 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 will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. (o) 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 and agree to accept all the ATTACHMENT ^1^ DRAFT conditions ofthis grant. Further, this grant shall not beeffective until the permittee pays remaining City processing fees. (p) }fthe Department cfFish and Game determines that Fish and Game Code Section 711.4applies tothe approval ofthis project, then the -� applicant shall remit to the City, within five days of this grant's approval, ocashier's check of$25.O0for adocumentary handling fee inconnection with Fish and Game Code requirements. Furthennoe, if this project is not exempt from o filing fee imposed because the project has more than a deminimie impact on fish and wi|d|Ke, the applicant uhuU also pay to the Department of Fish and Goma any such fee and any fine which the Department determines tobeowed. The Planning Commission shall: (a) Certify tothe adoption ofthis Resolution; and (b) Forthwith transmit ocertified copy ofthis Resolution, bycertified mail to Lakeview Village Corpootion, 12901 Harbor Boulevard, #A-5. Garden 8mve, CA 92840 and Jerry Pao (PC Ho|ika). 18040 Amargoao Stnaet, Rowland Heighta, California 01748. APPROVED AND ADOPTED THIS 25th DAY OF FEBRUARY 2003. BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Joe Ruzioku.Chairman |. James DoStef no.P1anningCommisoionS*oretary.dohenebyoertifyUhcd8heh»regonA Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held unthe 25thday ofFebruary, 2O03.bythe following vote: ATTEST: James DeStef no.Secnetary ATTACHMENT "2" February 19, 2003 Verbal comments by the City's Traffic Engineer, Warren Siecke for the Lin Consulting, Inc., Shared Parking Analysis dated February 19, 2003 representing the proposed use for PC Holiks, 11191123 Brea Canyon Road are as follows: Mr. Siecke concurs with the methodology of the report. He notes that adequate parking is on-site when comparing the total site and uses. He notes that few spaces are LL available in the areas of A-1 through A-5 in the peak morning and noon hours. 21660 E. Copley Drive, Suite 270 Diamond Bar, CA 91761,-4177 Tel (909) 396-6850 m Fax (909) 396-81.50 Traffic. Civil and Electrical Consulting Engineers E-mail: inboxC)linconsulting.com February 19, 2003 P9122 ADDENDUM Shared Parking Study — Saturday Survey (Correction Mr. Jerry Pao PC Maliks 18046 Amargoso Street Rowland Heights, CA 91748 Dear Mr. Jerry Pao: Per your request, we have conducted additional hours of parking survey in the Diamond Creek Village Shopping Center on Saturday, February 8, 2003. This lett", E2 briefly presents our findings in regards to the adequacy of parking spaces Buri weekends. rrt�, rNt PARKING SURVEY — SATURDAY Additional hours of parking survey were performed to count tate actual numbelif vehicles parked in the parking lot between 10 a.m. and 6 p.m. on Saturday, February 8, 2003. The survey followed the same methodology as used for the weekday study and the Saturday results are shown in Table 1. The shared parking analysis based on the actual number of parking spaces available for Saturday is illustrated in the demand chart by hourly accumulation (see Exhibit A). The data have shown that Saturday peak parking period occurred at the 12:30 pm when there were .328 occupied spaces among 396 total parking spaces. Excluding reserved parking spaces for the future retail store expansion (World Market), a minimum of 48 parking spaces would be available for the project (see Table 2). providing professional services with best value and quality on time and within budgets" Addendum to Shared Parking Study- Saturday Survey PC Hollks February 19, 2003 Page 2 of 2 The additional hours of parking survey on Saturday evidenced that the existing parking capacity would be adequate for the proposed project during the weekends. Please feel free to contact our office if we could be of further assistance. Sincerely, LIN Consulting, Inc. A California Corporation C - Kay Hsu, .E. Project Manager (Exhibits, Tables) 2 a ® ® (D W t2 Oi I' -I co W: m; N U)! OD,N; 0 0) CO I O 0' M' N O O I cc) M' 0) CO NN m I W h W W N Vq N: N: N CO I COM: M N IN M COQf M� M' M' N N I IN N I N N M V cm c O1 O. O:O O1 OO:0 O O:o O O 00 _ I. L N ® V" CI LO 00 �1 O; co' co (w h -I in O f®' �„ W O O CD c0)1 co WI(D O'®; Ojr, W: �: ® r co @n rI W'�'. to r 1 W I co N Iw' O 1 P- i h. Lo, tD I U) I N r: M I co co co rI rI co CDII-IWI(D (Di U71 MIM W r f®I cot W 1 0) COI 1—(D Lo O O W I' W co i co I LO eT Ui r W 01 O 1 N: M V I N I r! N N 1 N 1 N I M N I M I M I V -VMi N U7 I® r NIN 01 In I, CD! co r r r r NI Nil�l NIN.'rIN W't�I wl W r rl r I N IrI NI rN fo 1 01 0 CVI a®: NIN r' OO' I NN�O NIN W NI N:r NI r N N W U)I RIf�, N WIPI Wlh (,Di rl h -i 1fl r W�tn'�'h M: U)I hlh ONII�I Wim I®I N'. -Ito .® r r r : r N r M W r - WI r�N WI hI Q r r N: NI N:N Ni NI NIr e -I rI NLr W ® r'(DI CDI(O r- Il- MI(D Ni MIM O QI1 I� O N N'NIN NI N: NIN N esI NIN N W ® �" V r O Com ., CD ' `7 ' CD N : h : (D I U) LO W ! CO 100 1® 7 N: Ni N.N NI NI N 0 NI NI NIN N ® QI � r M W M'M'M r' N C1,11, 04 _ O:' O.m MM• M'. N r-; 00 '. IW N! NN i Ni N (NI OI WIO NI M! NI M W N V g (® Q CO M fD (p MIO r 0 W I R, U9 W! Ia I W I W W I O In W (D O N1 N M, N: N' N NI N! NI N NI COI NI N N L _ IU D' v cd CM "W'.(DIO '""' 'W h: U)I hIW OI WII�IW 0 rIN Ni N: N•� r m ® O: O. O i O ®'. O I h (® r Co LO C» : 0 CD I (D i r— n to QW,v LO, 07:00 WIW O! O 0! o O 1 0 O M O O 1 0 0 M O O O i 0 O O O r r �I'�I O M NIN': MI, M O M 0 M 'IT U31 U7 (0 TABLE L. PARKING AVAILABILITY - SATUgpAy P9122 PC Holiks Time (a) Total Space 396 L(b) Pa Total Parked Vehicle Vehicle 189 (C) Reserved for Retail Store Expansion 18 (d)=(a)-(b)-(c)'t'l Available Space for the Project 189 10:00 AM 10:30 AM 396 239 19 138 11:00 AM 396 277 20 99 11:30 AM 396 a 298 20 78 12;00 PM 396 325 20 51 12:30 PM 396 328 20 48 1:00 PM 396 30520 0 71 1:30 PM 2:00 PM 396 396 298 307 20 19 78 70 2:30 PM 396 303 19 74 3:00 PM 396 302 18 76 3:30 PM 396 299 17 80 4:00 PM 396 282 16 98 4:30 PM -396 274 17 105 5:00 PM 396 293 17 86 5:30 PM 396 294 18 84 6:00 PM 396 287 18 Minimum l 91 48 1 * Reserved parking spaces for the retail store expansion (5,000 SF) based on one space required for each 250 sq. ft. of retail store. ** A minimum of 48 parking spaces are available at 12:30 pm. M Nd 9 co0 0 0 0 0 M N N meds O11PPOd Nd £ wd Z �^ Nd L Rd Z6 nv 6L Wb 06 O � I' LU m. I � project Sit Zk e X M c� z u LD Exhibit source: Property Manager ��� ATTACHMENT 'A" 7� February 5.20O February 11.20O3 Conditional Use Permit No. 2D02-158NinorVariance No. 2OO2-10 Arequest tooperate acomputer services/gaming center and 10reduce the number ofrequired off-street parking spaces. 111D-1123Brea Canyon Road, Diamond Bar, CA Lakeview Village Corporation, i2QO1 Harbor Boulevard, #A-5.Garden Grove, CA9384O Jerry Pao (PC Ho|ike), 18046Amargomo Straet, Rowland HeiQhtu, CA 91748 The property owner, Lakeview Village Corporation, and applicant, Jerry Pao (PC HnUke), approval ofConddiona|Use Perm�No. 2OO2-158MinorVmhanneNo, 2OO2-1O¢moumntbo-- request Sections 22.52, 22.58. 22.42.035 and 22.10.030-Tab>e 2'5) to operate e computer oemioeo/gamingcenter and to�duoothe number ofrequired uf-n8eetpad�ngspaces --,- existing shopping center. The commercial shopping center's multi -tenant buildings are an the comer of Brea Canyon Road and Golden Springs Drive. The site is approximately 10 acres with 7 buildings totaling approximately 395,000 square feet. The project suites are 1,500 square feet, addressed 1119- 1123BrouCanyonRoad.mndonepartofAmaemmomParoe|No.8783-D88'O19.Theuseminthe center are generally ndei|, nyotauuanto, and personal aewioma. The project site's General Plan land use all gig Generali the followin zones jig' u 't Me west is the Commercial Planned Development, 20,000-20 Units (CPD); and to the east and south is the Low Density F,)esidential Zone (R-1-8000). This application requires Conditional Use Permit approval hythe Planning Commission per the City's Development Code, Table 2-6, to permitapute~ centerin the Neighborhood Commercial (C-2)Zone (OommunhyCommen�a/ 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 fora 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, and welfare. This process will allow the City to implement standards for the use tobecompatible with the surrounding area. The Minor Variance is required pursuant to Development Code, Section 2252O20(D) for a deceaaanf7.B96(35spaces) inthe number ofrequired oO4�n*et parking spaces —fo'thmshopping center. Structures vvithparking space defidenoiommay bmpenni�edvvithak8i~'-honumfor a daur*aaeofnotmorethon2O�&inthenumberofrequinedof-v�reetparhingspaces. The Hearing Officer iathe review authority for oMinor Variance. Pursuant to Development Code Section 22.48.030, permits shall be acted upon concurrently and the highest authority shall make final determination. In this case, the Planning Commission is the highest authority. CONDJIONAL USE PERMIT APPROVAL pCHoiks isaproposed computer services/gaming center that will provide thespaoa'equipmentand 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 mUaN*"'patmnxhorafae.Patmnauana|mobnowmathoIntomet.oheuhe-maUenddownlomdfi°" The unit utilized bythis business ioapproximately 1.5OOsquare feet di�dedin�o�aamfor3~~~^pu1=mrpatrons, o service area including the waiting area for 10 " A�in�n� and the^~~"""m ''=UuaineaaienotourrenUyopemtiog.PriortothmCertificmhmofOocupeoy' the Planning Staff will verify the Development Standards and Conditions of Approval are met. � Development Standards The initial application requested a total of32computers. Achange floor plan was submitted tu allow 3Ocomputers and ten patrons waiting. The documents ^�Applicant isaware uf this type ofpn4a�� Theconditions indicate''~ � n onaoxappnowa|vviUnequiratheuooto The Applicant intends to install a security camera. Conditional Use Permit No. 2002-10, for Staff and Security — 1 - Shall provide (2)full-time adult attendant ursupervisor, 21 years ofage urolder Condition for each 20machines. 2.The applicant shall maintain asurveillance camera utilized within the store to Condition see all computer screens. This condition is in lieu of a security guard and revising the site plan in a manner that places the attendant orsupervisor on duty in e position tosee all computer screens. Hours of OperationlMinorslLoitering .. Computers shall" be a.a"mu/e for use only onmvomn 10:00 a.m. and 12:00 Condition midnight Sunday Thursday and between 10:00e.m. and 2:O0o.m.on Friday and Saturday. 4.Hours ofoperation shall beposted in aconspicuous place. Condition 5. Minors (under 18 years of age) shall not enter compuhersenvioeo/nmtwmrk Condition gaming center after 10:UUp.m.unless accompanied bya parent nrguardian. O There shall be no loitering around any computer services/network gaming Condition oenter,App|ican1aha/|poot^0oLoitering''andcurfewaignainfmntofthebuoineoa. Waiting Area 7 Shall have a waiting area fora total often seats; and no waiting list mheU be Comm00mn maintained beyond the seating capacity ofthe waiting area. Restroom and O 'Shall have at least one toilet and lavatory facility accessible to customers''- / on employees. plan /enan/Inp/ovementlNo/se 9 Business unit windows and glass doors shall remain unobstructed atall times; Condition all entrances and interior areas shall be adequately lighted, and o lighting plan shall be reviewed and approved by the City prior to commencement of business. 10 Entrance doors shall beequipped with anautomatic 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 ofo1least 43wremploy other noise attenuating devices ooapproved bythe City. Bicycle Rack 12. Shall provide bicycle parking adjacent 10the premises. Condition 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 servicesInetwork garning 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 10issue its business licenses. Atthis time, the County does not require abusiness license for this use. Los Angeles County Sheriff Department This business isnot currently open. Therefore, the Sheriffs Department has not had any calls to the site. intomm3lix IM The Applicant filed a revised floor plan that decreases the number of computers by two and increases the waitin area C!, Ii! it ° Shared Parking Analyxis/Dtuoy 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 Revised number of spaces required for center 441 t�W Though there is minimal parking in the rear of the centerw;iY th-e—re to leave parking in the front for customers. Staff the existence of a shared parking and access agreement and the common use of ingress/egress, walks, etc. with the Management The current has 410existing parking spaces for the unsegregated regu|orand 14diaebU�� Thm Oeve|opment Code nmquimm410mpoem yorrparking: ~~~ the existing mix of uses prior to this application. The use Of computer services/garning center as proposed (revised floor plan) requires a total of 40 s aces: on The conclusion of the Shared Parking Analysis report is based on a typical Tuesday from 11:00 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 tho-Tz-BaLvamt-til a Parking Lot ArealLighting The existing parking lot lighting isadequate. Asite visit indicates the pa� in good condition. The vnvewayapproaches are also in good condition. Therefore, bh � — »equ/md1on+ou�aoa.n+n|npe.en�nrrepair the p*d�ngkt an d»enmn�ne' eePP/��nt)mnot v driveway approaches. ° Landscaping The project site contains existing landscaping. Aod�hindicates the landscaping isino --...~b|xy"""^m/u/oun. The �a�oare green and free ufweed� nmrequineg�oprovdeaddh�na|�ndocepeinnpnzvamen�mapo�""=�u/o�oe�Ppm�nt�this project's conditions of ��IGNAGE Signage mnot a part of this application. Proposed signage will be reviewed at a later date by staff. �| However, the owner has been notified 10remove the existing PCBang banner The ...y~.""""="v/yowospmneobyaformer�nanL immediately. &DDITIONAL REVIEW The Public Works Division and the Building and Safety Division reviewed this project. Public Works has no conditions. Building and Safety's comments include handicap issues and their A condition will be added to the resolution of aDD Wi i -i 1AWAIM -1 Commission may review the Conditional Use Permit and additional operational conditions may Ite added. --On January 29, 2003, 345 property owners within a 700 -feet radius of the Project site were notified by mail. On January 31, 2003, this item was advertised in the San Gabrie and the LIn I a n �dV a 1111111 newspapers and a notice of public —hearing on a display board was posted at the site and displayed for at least 10 days before the public hearing. Three other public places were posted within the vicinity of the application. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEO I A), the City has determined 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 dis necessary to continue this project mu.future pudioheohngd�etoa/�w�eapphmantUme1osubmdand have reviewed bythe City's Traffic Engineer aShared Parking Study based onaSaturday. At the writing of this report, the Applicant has chosen to have a revised report to the City. The traffic analysis will befor the first available Saturday. Should this not bathe oameob�[iaunable tosuppo�the MinorVahanoeandwmu|dneoommenddenia|ofthepropomedp—-- With respect to this application request, the Planning Commission has the option 8odothe following: 1. Direct staff tocontinue this project to a future public hearing date inorder buallow the applicant time tosubmit aShared Parking Study based ona8atu/doy 2 Direct staff topoepaeoeso|udonofappmve|with orwithout conditions. 3 Direct staff to prepare a resolution ofdenial, RECOMMENDATION: Staff recommends that the Planning Commission open the Nm - a» r Hearing, nena��eba�muny, 10�a�tumhaa`ngde��andnondnun��um� o|Use pennh� No. Variance Saturday. .. ammthe Applicant msubmit eShared Parking Study based on» REQUIRED CONDITIONAL USE PERMIT FINDINGS: 1 The proposed use is allowed within the subject zoning district with the approval of o Conditional Use Pemnitand complies with all other applicable provisions ofthis Development Code and the Municipal Code. 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 the existing and future land uses in the vicinity. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including aooens, provisions of uti|itiea, compatibility with adjoining /and uses, and the absence o/physical constraints. 5. Granting the Conditional Use Permit will not bedetrimental tothe public interest, hea|th, safety, convenience, or welfare, or materially injurious to person, property or improvements in the vicinity and zoning districts inwhich the property iolocated. O The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). REQUIRED MINOR VARIANCE FINDINGS 1 There are special circumstances applicable to tha' (e4, location, mhape, size, surroundings, topography, or other conditions),. � that strict application of this Development Code denies the property owner privileges enjoyed by other property owners in � the vicinity and under identical zoning districts or cnoe1eo an unnecessary and non-self created, hardship or unreasonable regulation which make it obviously impractical to require compliance with the development standards; 2. Granting the Variance is necessary for the preservation and enjoyment of substantial property rights possessed by other property owners in the same vicinity and zoning district and denied tothe property owner for which the Variance iosought; 3. Granting the Variance is consistent with the General Plan and any applicable specific plan; 4 The proposed entitlement would not be detrimental to the public interest, hee/th, safety, `' 5. The proposed entitlement has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEC>A). Prepared by: Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1 Applications; 2. Warren Sienke.Comments ofShared Parking GtuUy ' January J. Lin Conou|dng.|no,Shu�dParking S�dy.December 12.2OO2; 4. Site photos and key diagram; b. Opposition Letter, February 2.2003. Donald Taylor; b. Exhibit ^A^'site plan, floor plan, dated February 11.2003. (Deposit S I Receipt 4 IDate RecT —FOR MY USE Record Owner Applica I nt Applicant's Agent Name Ville e 6Dr Je r (Last name first) Address (Last name f t) (Last name first) City )1141 IN rq _' _j� �rerA pk_kVI� 4wia ( Zip q-------- .2- r4 D A 1 Phone ?/� �-39_ Phone q19*t 1 Ph 0 0 " J__ a Fax( 4 /V'q An application fee in Accordance with Section 22.44.040 of the Municipal Code must this Application. The application fee is either a flat fee or a deposit plus payment of the Citysaccompany 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 cgs deposit prior to issuance of the Permit, if processing Costs are less that ts that exceed the amount of the n the deposit, a refund will be paid. OTE: It is the applicant's responsibility to notify the City in writing Of any change of the principals involved during the Messing of this case. (Attach separate sheet, if necessary, including names, addresses, and signatures of members of innerships, joint ventures, and directors of corporations.) :msent: J certify that / am the owner of the herein -described property and permit the dipplican quest. It to file this recorc owners) [am Ftification: 1, the undersigned, hereby certify under penalty of perjury that the info aton 'rect to the best Of my knowledge, herein Provided is it Name meant or Agent) let (Apol,.n, or 31ion Of project Agent) (Street'o-re- or and lot number) ng loos Cases I V\-- -------------- _ Date 9 C CiND M 0 NA -L" -US-E-'AP PLICATION Present use Of Site Use applied for M %W W ea cievoted to structures Landscaping/Open space 2 1119& 1123 Brea Ga" rjuaj Dwmnd Hae. CA e17a9 City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765A178 (909) 8602489 Tel. (909) 8613117 Fax. Re: Conditional Use Permit No. 2002-15 for the Property Located at 1119-'1123 Brea Canyon Road Dear Planning Department: Below are items that need to be addressed per Ordinance No. 6 (2002). Number o byeeariduk =endantfr S=uperv- orsa- There will be (2) employees over 31 the age o working at the same time to supervise the store. Either a Manager or a Supervisoace "OPE.Irent at all times. The store will limit the access of minors under the age of 18 at I 0:0C)pm Thet . will have a sign letting customers know 18 and over after 10:00pm. S pre The store will have video cameras for security to watch over operations and customers. If needed, the store will have secunty guards as well Hours of Operation -Man-Fn 1 1:00am - 12:00 pm; Sat- 11:00arn-2:00am. Waiting Area - Waiting area will have one seat for every four computer stations. There wil be a total Of computer stations in the store. The waiting area will have seating fb Vr 10 people I 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. �r PC � M r � � � lkInc. Memo T®c City of Diamond Bar From: Jerry Pao M. Linda Smith 12/17/2002 Re- Adult-oriented Internet Fitter System Filtering Accew to Adult Websites The store will be using many different types of filtering systems to prevent users from a ssing adult websites. 1 SafeSurf Program - SafeSurf has recently launched the SafeSurf Intemet Flttertn® S®lotion for schools. libraries. ISP's and corporations. Our solution is a server solution, which means that the software is not installed at the end users 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 g technology tI VA 11 as well as protect your privacy and filter adult content. It uses a patented filterin analyze each web page decides whether the content is an advertisement o or promotion, 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 tum 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. a Page 1 p OF DRAWOND RAR COM AND DEVM0PMENTDErARTbWXT PlaimmiNg WWW" 219®S E. Gley DR I epr or — Dr Rd bar, CA 9176: )�y i�h®ate (909) 396.5676 F ( ) 661.31I= em 'un VAIUANCE APPLICA77ON R VARIANCE APPLICATION Date (Srreer------------------ ore�e or trmee _ ®� loe F166l3rpef) (Str r) House NUMbering Map (5 a) SUBJECT: 1119 — 1123 Brea Canyon Road Per your request, I have reviewed the Shared Parking Analysis Prepared by Lin Consulting. I have he following comments:1. t 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. Db'l 114.1123 orea cvn comments V\bT(n C. S1 Elie Memo TRANSPORTATION AND TWFIC ENGINEERING 20142 Canyon Drive, Yo rba Linda, CA 9288M058 Phone: (714) 970-6247, Fax: (714) 779-16" -:DATE: January 13, 2003 TO: Linda Smith FROM: Warren Siecke SUBJECT: 1119 — 1123 Brea Canyon Road Per your request, I have reviewed the Shared Parking Analysis Prepared by Lin Consulting. I have he following comments:1. t 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. Db'l 114.1123 orea cvn comments vx;4 avuT. December 12, 2002 Mr. Jerry Pao PC Holiks 18046 Amargoso Street _ Rowland Heights, CA 91748 Shared 7r..n,,Study - t... )..t x,. Dear Mr. Jerry Pao: 21660 E. Copley Drive, Suite 270 Diamond Bar, CA 91765-4177, Tel (909) 396-6850 • Fax (909) 396-8150 E-mail: inbox@linconsultinr.com ATTACHMENT "3„ 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 Dar. 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 (lot/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. ExlSting tenants in the shopping center includes grocery stores, retail stores, restaurants, fast food. etc as listed to Table 1. The parking lot provides a total of 396 parking spaces including 14 handicapped parking spaces. .• �T The parking requirement of the proposed business operation that facilitates retail computer network ing.,gaming has not been defined in the Diamond BarLAXunic' W Code. The Cit suggested that "this aese's intensification requires 36. parking spaces on -site's in the application review of the Conditional Use Permit in the letter dated October 30, 2002. At9 providing professional services with best value and quality on tinzE and within budgets" Shared Parking Studa, PC Holiks December 12, 2002 Page 2 00 PARKING SURVEY A parking survey has been performed to count the actual number of vehicles parked in the parking lot for ten hours between I I 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. VACANCY UNITS 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 Bar 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 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 B). SUFFICIENCY OF PARKING 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 Page 3 of 3 Please feel free to contact our office if we could be of further assistance. Sincerely, LIN Consulting, Inc. A California Corporation t� Kay Hsu, P.E. Project Manager (Exhibits. Tables) � Source: Property Manager U) MI.f') ® ® �, C� M h m L cO Ldi N � P N N �i M N N N N N N N N N N Nom' NM CCli N N NN C"1 N ac NN INC M eP M N N M N Ln M M N M C) r � QN N Vi LL7 Co Loy N N N N N N N N M do M M N P- RA --0 - - - -- . - --- - ------ --- - � Q N� w w m n LO r- V- ®' N w m w 0) m m m m co u5 in Lei m v - w h C® M N M N N N N q m Co e U') LO to W M"t N in t v N N M'r M N N N r eai (3) T W w w en w w N N GJ r r C7 N N N Q m r® w P® N® m --- --- — N N a- N m CO N r m Co m CO ® m -- — N cv ev r N r w m ui M N ® M -VCc co m to co m cD l89 - N w N m re M w - -- -- r NN N w m� M�® w ® m m w wm N N N r N m se N w M w® w w N 4D ro N w _ M N N a p N N N r N N N N N N M QD V Lo CD N N NC� ® F C97 f` F M N N -- y N N N N N N N N r wr W es. r � r r f Q ® ® m ®] tD cD ® 6D cc ' Co to n . U) CD fa m ® � f°' m Co Loi M .- r M CJ N r m C� ® 0 0 CD ® M ® M ® ® Co ® ® ® C) ® ® Q m TABLE 3. PARKING AVAILABILITY 16 J-`, 29-122 PC Hoilks V (a) (b) (C) (dMa)4b)-4c) Time Total Space Total Parked Reserved for Retail Store Available Space for Vehicle Expansion the Project ---11:00 AM 396 207 18 171 11:30 AM --- 396 233 12:00 PM 396 0 144 12:30 PM 396 298 20 10- - —1:00 -pm 396 277 20 78 1:30 PM 396 ---- 20 2:00 PM 396 --266-- 257 20 110 2:30 PM 396 223 20 1119 3:90 PM 396 218.---- 19 153 3.30 PM - 236 19 159 - 4:00 PM- 396 - 246 14 1 4:30 PM -- 96 ---18— 232 17 132 5:00 PM 396 23516 147 5:30 PM .-396-- 239 17 145 6:00 PM 396 --- 231 -- ------140 17 6:30 PM396 222 7.00 Pm 396 212 is 156 7.30 PM 396 198 18 166 8:00 PM 396 155 18 180 8.30 RM 396120 18 22 - 3 9:00 PM 396 64 15 261 13 319 Minimum 78 Reserved parking spaces for the retail store expansion (5,000 SF) based on one space required for each 250 sq. ft, Of retail store. A minimum of 78 parking spaces are available at 12:30 pm. E4 MR ®C9 66 M ® N N U'1 p ypj p ���d� Ldppud A �V- NJ �.. \N A �V- NJ 3. SIDE VIEW WITH SUBJECT SITE (NEAR LEFT) I 4. SIDE VIEW WITH SUBJECT SITE (EAR RIGHT) I y, - TAYLOR ATTACHMENT "5" P.O. BOX 8475 1 ROWLAND HEIGHTS, CA 91748 February 2, 2003 City Planning Commission 21825 Copley Drive Diamond Bar, CA 91765 SUBJECT: COWUTER GAMING CENTER CUP NO. 2002-15 AND MINOR VARLANCE NO. 2002- 10 1119-1123 BREA CANYON ROAD This type of use has a notorious history Of attracting trouble in the form of vandals, graffiti, loitering, violence, litter and other community problems. This use will be damaging to the community and the other businesses at this location. Pay attention to the Sbe`iff`s Department warnings about these uses! If YOU have to approve s use you should consider requiring the this Property Ov,1neT to Pay for the Sheriffs time in 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 Bruit 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. Donald Taylor DKT:ms Source: Property Manager - Attn: Linda Smit City of Diamond Bar 21826 E. Copley Drive Diamond Bar, CA 9176541178 (909) 860-2489 Tel. (909) 8fl 1 -3117 Fax. Re: Conditional Use permit No. 2002-15 for the Property Located at 1119-11123 Brea Canyon Road Dear Linda: In regards to our conversation yeetafty on the availability of parking on Saturdays, we are going W update our hours of operation from our previous submission. Please am below for new Saturday hours: Hours of Oip@raflan — Saturday 2:30pm-2:0133m. This revisal is to act in accordance with the support from eons. departmet to approve the conditional use permit please let me know If you have any questions. Thank you Linda for your help with everything, Sincerely, , Jerry Pe PC Hol)iks, c, 62656I-1382 Home 626-833-9168 Mobile L FL X z ® W u z o 0 0 0 o d0 W W W W OZ ®w U zu k- OUz z¢ wd w ®O w 00 0 a a� ®® qW p O® �v QH pH QH 0 Q zz Q =t o za 3 zx O zx O zz� O za O z'� ', C� z O F W z O O z z w Z E z 0 d z ry�ry U rar-yy � z U �% z U z_ a Q N w' O > ' ✓ ,S 0 Ln r2 z w Ca ba W F [ hr z w o ® U z o C7 x � O 'w o ®� (a o oM H ® z O m v N ? O W P.' 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Gzj •cy � tix � x � W N �.i, a� p p`�., p � p � U W n Z v F n V Q5 i� E O O O RFAIUFST TO ADDRESS THE PLANNING CoNaUSSION AGENDA nEM SUMECT: J 6-1 I, L, , N, TO: Planning Corurnission Secretary DATE: FROM: ( Z 0 ; C. ADDRESS:. c, sUwEc,r. . r—� I would like to address the PI ng Cownission on the above stated item. Please have reflect NY nwne and address as Printed above. the COnunission Minwes Signature NOTE. All persons may attend meetings and a dr d ess the Planning to sist the C Commission. This form is intendec have t ashaian e rmin nsuring that all persoxLg wishing to address the Commission will . he opportunity and toensure correct Spelling of names in the h1inutes, STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR On February 25, 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. 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 21, 2003, I posted a copy of the Notice for the Regular Meeting of the Diamond Bar Planning Commission, to be held on February 25, 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 21, 2003, at Diamond Bar, California. Stella Marquez Community and Development Services Dept. &\\aff idavitposting. doc IA I Q_ 04 Lei 2111TAR V TO: Chairman and Planning Commissioners FROM: James DeStefano, Deputy City Ma DATE: February 25, 2003 1 � DIAMOND RAR COMMUNITY & DEVELOPMENT SERVICES PLANNING DIVISION SUBJECT: Allocation of Sheriff Department Service to 962 Diamond Bar Boulevard (Gamers X) and 23499 Golden Springs Drive (ePC) On February 11, 2003 the Planning Commission requested confirmation that the Sheriff's Department received no calls for service in the past year to our cyber cafe facilities in the City. Law enforcement staff initially reported no calls for service. The attached allocation of police services was prepared based upon a more through review of calls for service. The following summary information has been prepared regarding service activity at the above addresses. 10/26/01 Alarm call* Sun Industries -Now the location of Garners X-- front and rear checked -secure 11/01/01 11" 12/13/01 Call 242** Deputies responded to call for service regarding a fight. No victim or suspects at scene when arrived 12/25/01 Burglary Computers taken 3/9/02 Alarm call Front and rear checked -secure 6/28/02 Alarm call Front and rear checked -secure 8/16/02 Alarm call Front and rear checked -secure r71Kt11e----- 57i1[ai'Tir Wil" 8/10/01 Burglary Computers taken 12/24/01 245*** Patron inside threatened with a knife, suspect fled scene before police response 1/6/02 Fight Fight in front of premises, eggs thrown 4/18/02 Alarm call Front and rear checked -secure 9/23/02 Alarm .call Front and rear checked -secure 1/22/03 Alarm call Front and rear checked -secure Notes: ° an alarm system is triggered and a call for service is made to the police. ** 242 battery ** 245 assault with a deadly weapon m 0 a rn It td m [+1 m ro Ul N N N E H E N u) N LnE N W q a Q\ U H H H H F4 [t] PI a a e� H a aaa Q Q q wQ Q q woo 04 w ro woa Q w m a m W a w a a H as o P7 w f o W WPy z = W H w = o W Q W O F. 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W H z W H cn H re Q m U MU .A V U U U O Q U O H -A 01 � a rol � jj '� I r r I o N tj F rl ('l F m F N N U U a U a w w o q Q Q Q na Q Q Q m co vi co cn z z z H H a H H N O all N a'w Pa M a O Q O En \ m W W \ W\ W W Q a N Q\ Q� C7� o OU 0 col oO o o a C07 a .A o .A o .A U U v as ro m moa m m m �I ba ea m m y dd b m m U Q, m U u U r� wp 16 u ar v mW tea. M O Q o-7 N U N U Q N Q ya N W N w 4J 4j N 0 NI x a Vml a0 1211a a \ O 0 ro q 041 Q -roA ail Q Q U U O H PAS U U H PAI O H ml U U 1viessage i ui Jim DeStefanot From: Jim DeStefano Sent: Tuesday, February 25, 2003 8:32 AM To: info; 'JoeP!nky007@aol.com' Subject: RE: Petition for a Church on Sunset Crossing Mr. Guarino: Thank you for your comments regarding the application to utilize the former LA Fitness facility on Sunset Crossing as a church. We have reviewed your comments and provided a response, as appropriate, below each question. A copy of this e-mail will be provided to the Planning Commission for its use and information. -----Original Message ----- Fro= info Sent: Tuesday, February 25, 2003 7:23 AM To: 'JoePinky007@aol.com' Cc: Jim DeStefano Subject: RE: Petition for a Church on Sunset Crossing Dear Mr. Guarino Thank you for using the City of Diamond Bar's website for communicating your questions, comments, and concerns. We hope that you found this process to be quick and convenient, and that you will use it again in the future. With regard to your e-mail concerning the proposed church for the old LA Fitness facility, I am forwarding your message to the appropriate division so that they may respond to you in greater detail. Sincerely, April Blakey Public Information Manager City of Diamond Bar -----Original Message ----- From: JoePinky007@aol.com [mailto:JoePinky007@aol.com] Sent: Monday, February 24, 2003 10:17 PM To: info Subject: Petition for a Church on Sunset Crossing Is there a WEB site that is taking community input regarding the proposed church location on Sunset Crossing, east of Diamond Bar BI ? The Diamond Bar City Planning Commission is in the process of reviewing the application. The Commission will review the matter again, tonight at 7PM, at the South Coast Air Quality Management District in the Board Hearing Room located at 21865 Copley Drive in Diamond Bar. This is a public hearing and the public is invited. The City WEB site is one of several means available to the public to comment upon proposed development projects. I'd like to know if there are any planned open forums when this proposed church comes before city counsel for approval ? The project application is before the Planning Commission at an open and public meeting. This matter is not scheduled to come before the City Council. The Planning Commission has the discretion to approve or deny the application. 2/25/03 1v1CSbagc IagL_ui_ Has anyone asked : 1) how many of the church parishioners actually live in Diamond Point 1 ? Public testimony has indicated that approximately 25 % of the church membership resides in Diamond liar. 2) Is this church planning on building a parking structure as the parking in this area didn't work for L.A. Fitness when it was there ? _ No, the church is not providing a parking structure. The Church congregation is small. There are sufficient parking spaces to accommodate the present size of the congregation and anticipated future growth. Restrictions are 2/25/03 Carol Herrera IW Vor Robert S. Huff Mavor Pro lem Wen P. Chang Council Member Deborah H. O'Connor Council Member Robert P. Zirbes Council Member H—/"/"", February 24, 2003 City of Diamond Bar ® PO 21825 E. Copley Drive • Diamond Bar, CA 91965-4198 (909) 860-2489 • Fax (909) 861-3117 www.CitvofDiamondRar.com County of Los Angeles Department of Regional Planning Attn: Mark Herwick 320 West Temple Los Angeles, CA 90012 Subject: Initial Study and Notice of Preparation of an Environmental Impact Report for the Comprehensive Update and Amendment to the Los Angeles County General Plan (Project No. 02-305) Dear Mr. Herwick: The City of Diamond Bar (Diamond Bar) extends its appreciation to the County of Los Angeles (County) for the opportunity to review and comment on the above referenced "Initial Study and Notice of Preparation of an Environmental Impact Report" (Project No. 02-305) for the Comprehensive Update and Amendment to the Los Angeles County General Plan". We submit the following comments for your consideration and incorporation within the upcoming General Plan Draft Environmental Impact Report and the revised County General Plan. Land Use Element The Initial Study, dated November 2002, outlines a proposal to update existing Significant Ecological Area (SEA) boundaries to reflect the results of "recent biological studies". Diamond Bar has previously provided correspondence to the County (Letter to George Malone, dated December 16, 1999) outlining our objection to an expansion of the SEA (SEA No. 15) boundary to include property within the Incorporated City of Diamond Bar. The City has also previously stated its objection to an expansion of the current SEA boundary to include any additional property within the Sphere -of -Influence (SOI) of the City. As stated within the referenced letter, Diamond Bar has carefully crafted a General Plan, Development Code and has reviewed requests for development within the City portion of SEA No. 15 over the past 14 years. Through the discretionary review process, we have approved projects of merit and denied those development proposals unwilling or unable to meet the requirements of the City General Plan and Development Code. All City approved projects within the SEA have incorporated substantial reductions in residential zoning densities (those inherited from the County as well as our own City regulations). All projects have incorporated mitigation measures to replace environmental resources lost as a result of reasonable development and have incorporated measures to protect intrusion into the SEA. We believe that development approvals have been properly conditioned, restricted or constrained by the policies framed locally by the City. There is only one remaining parcel in the City portion of SEA No. 15. The property contains approximately 80 gross acres. We believe the County proposal to "overlay" property under City jurisdiction (most of which is already developed with SEA compatible projects) as well as the acreage which is within our SOI is a mis-application of the planning process. Such dual designations will only serve to create confusion with property owners and the general public. We believe the City is in the best position to determine the appropriate use of property within the City and the SOI. The proposed County SEA "overlay" upon property under the present and future jurisdiction of the City is duplicative of our City General Plan policies, unnecessary and inappropriate. We again request that the County General Plan and the proposed modifications to the SEA included therein do not include and expansion of the current SEA boundaries and reference the City of Diamond Bar General Plan as its guiding planning doctrine for the area. The Initial Study references several "Urban County Islands". Diamond Bar has particular interest in the proposal to repeal the Diamond Bar Community flan and incorporate a "remnant' portion of the Community Plan within the Rowland Heights Community Plan (RHCP). No justification is offered or outlined regarding this proposal to remove a portion of our community plan and designate the property, its residents, and property owners, as a component of the RHCP, an unincorporated portion of the County. Residents and property owners of this area have requested annexation into the incorporated City of Diamond Bar. The City is at present analyzing the necessary LAFCO procedures, Sphere -of - Influence change and local General Plan modifications required to incorporate these properties within the City. Property owners and residents already utilize a Diamond Bar Zip Code (91765); enjoy services provided by the City; the Walnut Valley Unified School District; our local utility providers; and our public safety agencies. We recommend that the identified remaining portion of the Diamond Bar Community Plan be designated as a future component of the City of Diamond Bar. In addition, Area Energy has submitted a master plan to the County to develop several thousand acres of vacant property located south and west of the City. We believe significant consideration should be given to designate a substantial portion of this acreage as a future expansion of the City of Diamond Bar. Service providers, utility connections and the proposed transportation road network and linkages all align with the Diamond Bar. Circulation Element The proposed update of the Highway Plan and the Circulation Element should incorporate the City General Plan goals and objectives to develop a transportation corridor through the Tonner Canyon area. The Cities of Chino Hills and the City of Diamond Bar have both outlined within their respective General Plans the need for a "by-pass" road. SCAG has supported the Four Corners Transportation Policy Committee efforts to develop such a roadway link. Four Corners has listed the necessary road among its top priorities. In addition, the Orange County Master Plan of Arterial Highways describes a road linkage connecting the Orange County Landfill with the Orange (57) Freeway. The County General Plan should consider and identify this important future component of a comprehensive and coordinated approach to resolving regional transportation issues. The Diamond Bar and Chino Hills General Plans provide a detailed description of alignment discussions and the incorporation of such a roadway in an environmentally sensitive manner. Conservation and Open Space Elements We object and do not recommend the proposal to redesignate the open spaces described within the Diamond Par Community Plan and transfer said properties to the Rowland Heights Community Plan as we stated above. The City of Diamond Bar appreciates the opportunity to submit these comments to the County of Los Angeles. We respectfully request a copy of the Draft EIR and Draft General Plan report in order to provide further comments to County decision -makers. Should you have any questions, comments or need further information please do not hesitate to contact me at (909) 396-5676. Sincerely, JI DeSt�fano Deputy City Manager Cc: City Council City Manager Draft February 25, 2003 WN"141 It NJ 10,101 RESOLITION OF THE PLANNING COMMISSION OF DIAMOND 2,," THE CITY COUNCIL APPROVE CONDITIONAL _ 2002-05, AND DEVELOPMENT APPLICATION NO.ALLOWING O: a. RETAIL]COMMERCIAL SHOPPING ,. t ! - R = s ROAD ,P 8719-013-010), DIAMOND Be CALIFORNIA A. WHEREAS, The applicant, Phil Williams (Extended Stay America), acting as the agent for the propertyowner, Louis Marcellin, has filed an application for Conditional Use Permit 2002-05 and Development Review Application No. 2002-07 for property located at 850 Brea Canyon Road, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Conditional Use Permit No. 2002-05 and Development Review Application No. 2002-07 shall be referred to as the "Application." B. WHEREAS, On October 9, 2002 Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Daily Bulletin newspapers. On October 9, 2002, public hearing notices were mailed to approximately 461 property owners of record within a 700 -foot radius of the project. Furthermore, on October 8, 2002, the project site was posted with a required display board and public notices were posted in three public places; and C. WHEREAS, the Community and Development Services Department has determined that the proposed project represents a consistent, logical, and appropriate development of the subject property that furthers the goals and objectives of the City's adopted General Plan; and D. WHEREAS, on October 22, 2002 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing. At that time, the public hearing was continued to December 10, 2002, and continued again to January 28, 2003; the public hearing was concluded on the Application; E. WHEREAS, the Planning Commission has reviewed and considered the environmental information relevant to the proposed project prepared in accordance with the provisions of the California Environmental Quality Act (CEQA); and F. WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data, and all written and oral testimony presented. Draft February 25, 2003 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby finds, determines and recommends as follows: A. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part 1 of this Resolution are true and correct. B. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). The environmental review concludes that the proposed project has been fully evaluated in Environmental Mitigated Negative Declaration No. 2002- 07. The Planning Commission has recommended that the Diamond Bar City Council adopt the Mitigated Negative Declaration (MND). No further environmental review is necessary because the proposed project is considered to be consistent with the Mitigated Negative Declaration No. 2002-07. The circumstances and impacts evaluated have not changed, and no new information has been made available that would have a bearing on the findings, conclusions and mitigation measures included in the previously considered MND. The mitigation measures set forth in the MND are included as conditions of approval of this proposed project. Compliance with the mitigation measures will assure that this project will not have a significant adverse effect on the environment. 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. Based upon the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: . 1. The project relates to a parcel of land located at 850 Brea Canyon Road (APN 8719-013-010), Diamond Bar, California. The subject site has approximately 6.50- gross acres. 2. The project site has a General Plan Land Use designation of General Commercial (C), and the Planning Commission has recommended that the City Council adopt a consistent implementing zone of C-2 SP (Community Commercial Specific Plan Overlay) for the subject property. 3. Generally, the site is abutting a C-1 zoned parcel to the north and the Los Angeles County Flood Control Channel. R-1 6,000 zoned parcels are beyond the Flood Control Channel. The State Route 60 Freeway abuts the site to the south and east. R-1 8,000 zoned property is located to the west across Brea Canyon Road. 4. The application is a request to develop the site as a retail/commercial Draft February 25, 2003 shopping center consisting of a 116 -room three-story hotel, two freestanding restaurants, and two office/retail buildings totaling approximately 70,790 gross square feet of building area. Approval would also permit a 60 -foot high double-faced freestanding pylon sign (440 sq. ft. of sign face area per side), and six-foot high double-faced monument sign (46 sq. ft. total sign face area). Pursuant to Section 22.58.040 of the Diamond Bar Development Code, the Planning Commission finds: 1. The proposed use is allowed within the subject zoning district with the approval of a Conditional Use Permit and provided that the use complies with all other applicable provisions of this Development Code and the Municipal Code; The proposed retail/commercial shopping centeris a conditionally permitted use within the C-2 SP zoning designation. Additionally, the project has been designed to meet or exceed the development standards set forth in the City of Diamond Par Development Code and the Brea Canyon Road and Lycoming Street Specific Plan. 2. The proposed use is consistent with the General Plan and any applicable specific plan; On July 25, 1995, the City adopted its General Plan. The Planning Commission has recommended that the City Council amend the General Plan by designating the subject property for General Commercial use ofland with a consistent zone of C2, Planned Development Overlay, Billboard Exclusion. In addition, the Planning Commission has recommended that the City Council adopt the Brea Canyon Road and Lycoming Street Specific Plan for the subject property. If the City Council adopts the recommended General Plan Amendment, Zone Change and Specific Plan, Development Standards unique for the subject property will be created. The proposed project has been analyzed and has been found to be in compliance with the Specific Plan, Section 4 (Development Standards). The proposed commercial center with retail commercial, office, restaurants and a hospitality use is consistent with the goals, objectives and development standards set forth in the Specific Plan. In the event that the City Council does not adopt the General Plan Amendment, the associated Zone Change or the Specific Plan consideration of this application is moot. The design, location, size and operating characteristics of the proposed use are compatible with the existing and future land uses in the vicinity; The proposed 6.5 -acre commercial project has been designed to meet the C2 zoning and site development standards and the standards set forth in the Brea Canyon Road and Lycoming Street draft Specific Plan. The architectural design of the proposed buildings is contemporary in nature Draft February 25, 2003 much like the existing commercial buildings located in the surrounding neighborhood. Additionally, the conditions imposed on operating procedures, site design and on- and off-site improvements that improve ingress and egress will ensure that the development minimizes any potential negative impacts to public rights-of-way and adjacent commercial and residential uses of land. The proposed project is an integral part of the commercial development located along Brea Canyon Road both north and south of the subject site. The proposed project will be properly screened and buffered to reduce potential impacts on the adjoining residential land uses. 4. The subject site is physically suitable for the type and density/intensity of use being proposed including access, provision of utilities, compatibility with adjoining land uses, and the absence of physical constraints; The approximate 6.50 -acre site is adequate to accommodate the proposed retaillcommercial development, which is in compliance with the applicable DBDC development standards, to include the Brea Canyon Road and Lycoming Street Specific Plan. The site currently is connected to the City§ sewer system, which has been determined to be adequate to serve the intended facilities. Approval of the Conditional Use Permit would have no impact on these services. 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; Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The appropriate environmental analysis, in compliance with the requirements of the California Environmental Quality Act (CEQA), has been conducted. Based on that assessment, a Mitigated Negative Declaration of Environmental Impact was prepared and is made part of this administrative record. 11=11�111110-'- 511455 In accordance with Section 22.48.040 (Findings and Decision) of the Diamond Bar Development Code, the Planning Commission determines thatthe following findings have been justified and upheld in the affirmative because of the recommended Draft February 25, 2003 conditions of approval regarding operating procedures, site and building improvements and on and off-site safety measures: 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). The Planning Commission has recommended that the City Council amend the General Plan Land Use for the subject property to General Commercial. The Planning Commission has recommended a zone of C2, Planned Development Overlay, Billboard Exclusion. In addition, the Planning Commission has recommended that the City Council adopt the draft Brea Canyon Road and Lycoming Street Specific Plan to guide and regulate development of the subject property. The proposed project been analyzed in terms of compliance with the site development standards set forth in the C2 zone district and the Specific Plan. The submitted plans have been revised to comply with the City's zoning standards, Specific Plan standards and staff recommended conditions of approval as developed through the City's internal staff review process. The project's contemporary building design is consistent with the City's adopted design guidelines and the architectural appearance of commercial buildings located in the surrounding neighborhood. The proposed project meets or exceeds the development standards contained in the Specific Plan and the Diamond Bar Development Code. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future development, and will not create traffic or pedestrian hazards. The resulting retail/commercial development has been designed to incorporate the mitigation measures set forth in the associated traffic study and environmental Mitigation Monitoring Plan. The proposed project has the potential to become an integral part of the adjoining commercial development south of Lycoming Street. The proposed layout of the site accommodates the anticipated volumn of pedestrian and vehicular traffic that will seek goods and services offered on-site. The building locations and the surrounding project edge treatment will screen and bufferthe existing adjoining residential uses from potential impacts that may be generated by the commercial use of the project site. The City departments responsible for public safety have been afforded an opportunity to review and comment on the proposed project. Their comments and recommendations have been included in the project design, environmental mitigation monitoring program, and conditions of approval. The architectural design of the proposed development is compatible with the characteristics of the surrounding neighborhood and will maintain the harmonious, orderly and attractive development contemplated by Chapter 22.48, the General Plan, City Design Guidelines, or any applicable specific plan. Draft February 25, 2003 The proposed contemporary architectural design is in compliance with the provisions of the Brea Canyon Road L.ycoming Street Specific Plan and is consistent with the surrounding development in terms of mass and scale in proportion to the site size. Furthermore, the site layout has been designed to lessen the potential impacts on neighboring properties. Access to the proposed project is obtained from a fully developed public street, which improvements are proposed to provide for adequate ingress/egress. 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. The contemporary architectural design proposes the use of a variety of compatible building materials and earth tone colors to soften the buildings impact and assist in creating a complimentary and aesthetically pleasing view. Additionally, the development includes extensive landscaping throughout the site to promote an enhanced appearance. 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 improments in the vicinity. Before the issuance of City development permits, the proposed project is required to comply with all conditions set forth in this resolution and the Building and Safety Division, Public Works Division, and Fire Department requirements. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). The appropriate environmental analysis, in compliance with the requirements of the California Environmental Quality Act (CEQA), has been conducted. Based on that assessment, a Mitigated Negative Declaration of Environmental Impact was prepared and is made part of this administrative record. Based upon the findings and conclusion set forth herein above, the Planning Commission recommends that the City Council approve Conditional Use Permit No. 2002-05 and Development Review Application No. 2002-07 subject to execution and/or fulfillment of the following conditions: Approval of this project is contingent upon the City Council's approval of General Plan Amendment No. 2002-01, Zone Change Amendment No. 2002-01 and Specific Plan No. 2002-01. The effective date of this approval shall be 31 days after the date of adoption of the implementing ordinances. Draft February 25, 2003 2. The project shall substantially conform to site plan, floor plans, elevations, landscape, and grading plan collectively labeled as Exhibit "A" as presented to the Planning Commission on February 25, 2003 and as amended herein. 3. 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, 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. 4. The applicant shall be required to submit a final landscape/irrigation plan for the entire site prepared by a licensed landscape architect that delineates the type of planting materials color, size, quantity and location, for review and approval by the Community and Development Services Department/Planning Division. The plan shall provide for a variety of grasses and ground cover, flowering plants, and shrubs and trees. All landscaping and irrigation shall be installed prior to the issuance of a Certificate of Occupancy. 5. The landscape plan shall provide for screening techniques between Brea Canyon Road and Building No. 1. Masonry walls having a height of 36 to 42 inches, bushes and shrubs shall be used to screen the rear of the building from view. 6. An arbor structure shall be added to the Brea Canyon Road side of Building No. 1 in order to aid in the screening of building fagade. The design of the arbor structure shall be subject to review and approval by the City's Community and Development Services Department. 7. The landscape plan shall provide for the installation of 48 -inch box specimen trees along the Dryander Street frontage to the satisfaction of the City. 8. Maximum height of all structures shall not exceed 35 feet from the finish grade at any exterior wall of the structure to the highest point of the roofline as determined by Section 22.16.060 of the DBDC. 9. All construction activity shall be in conformity with the requirements and limitations of the City of Diamond Bar Municipal Code as implemented bythe Building and Safety Division. 10. Before construction begins, the applicant shall install temporary construction fencing pursuant to the Building and Safety Division's requirements along the project site's perimeter. This fencing shall remain until the Building Official Draft February cn.ouna approves its removal. The Applicant aAa|| provide temporary sanitation facilities while under construction. 11. The applicant shall comply with the requirements ofthe City Engineer and Public Works Divisions toinclude, but not limited 1nthe completion ofall improvements required bythe conditional approval ofTentative Parcel Map No. 26771. 12 Prior to the issuance ofany City permits, the applicant shall berequired to submit a final grading plan and soils report for the 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 insuch soils report. 13. The Brea Canyon Road driveway shall beutilized for right turn out only and shall bmidentified aasuch tothe satisfaction cf the City Engineer, 14. 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 to satisfy the Standard Urban 0ormxater Mitigation Plan (SUSMP)requirements. ANotice ofIntent (N0)iarequired uobefled with the California Regional Water Quality Board (RYVQB)and o0omnwaVar Pollution Prevention Plan (8VVPP)iorequired tobeprepared, implemented and available at the job site for review and verification at all Umao during construction of this project. Further details on SWPP requirements shall be obtained from the Public Works/Engineering Division. 15 Drainage patterns and techniques ahoU be reviewed and approved by the Public Works Division prior to any permit issuance; surface water shall drain away from the building at a 2% minimum slope. The on-site storm dein system must Uedesigned tocarry surface water runoff into the flood control channel. 10. Prior tothe issuance ofany City permits, the proposed constructionp|ano shall bnsubmitted vothe Fire Department brreview and approval. 17. Applicant shall make application Uothe water purveyor aanecessary, and shall submit the evidence oftheir approval tothe Planning Division prior &u the issuance ofbuilding permits. 18. Construction plans shall beengineered {omeet wind loads of0Omiles per hour with a''C^expoouno. 19. All utility service bothe proposed project shall boinstalled underground. 28. The applicant shall comply with the City's noise standards. 21. The 60-fbot freestanding pylon sign and O-foothigh monument sign shall be developed and maintained in substantial compliance with the submitted Draft February 25, 2003 drawings (Exhibit "B"; sign ram).except as herein modified to comply with the Conditions of Approval. 22 The monument sign shall be located no closer thon10-feaufrom the front property line abutting Brea Canyon Road. The monument sign shall contain the address ofthe subject property. The monument sign shall contain only advertising for the shopping center name and the name ofthe anchor tenant. 23. The freestanding pylon sign shall beredesigned toinclude the City logo and words "City ofDiamond Bar" tobolocated a\the top ofthe sign cabinet. The redesign ssubject tothe approval o/the City. The project site address shall boadded tothe freestanding sign. 24. All individual tenant signs and hotel wall signs shall comply with Exhibit "B" ` (comprehensive sign program). Each building identification sign shall require a separate review, fee d approval. A sign permit must U*obtained from the Community and Development Services Department/Planning Division, in addition (othe required building and electrical permits from the City's Building Division prior tminstallation. 25. Wall signs h Unotbe|ocatedonthohoto|bui|dingfammdofednQtheOood control channel (north elevation) above the first floor. 26. All roof -mounted equipment including, but not limited to, air conditioning and heater units, ventilation and exhaust h*ns, e|eothno| and plumbing connections, shall be decoratively obscured from public view. Air conditioning and heating units and vents that are wall mounted shall bescreened from view inamanner acceptable tothe Planning Commission. 27. The hotel building porte-cochere structures shall bmredesigned toinclude hipped roof structures. 28. The existing O-fhothigh masonry wall located along the northerly property line separating the proposed development from the fastfood restaurant shall baremoved inits entirety. The existing chain link fence atthis location shall be removed and removable bollards shall be installed across the Flood Control Access Easement toprovide for emergency access &othe site from Lyoom|ng81meL xS. An odor diffuser shall he installed on the exhaust vents and continuously maintained for all tenant spaces proposed Ibrrestaurant use. 30. The applicant shall be responsible for acquiring the appropriate industrial waste permits with Los Angles County. Additionally, the applicant shall conform iothe NPDES requirements for food waste disposal and Health Department requirements for food service. 31. All surface or ground mounted mechanical equipment, including trsnsfonnem, terminal boxea, air conditioner condensers, riaem, backflow devicea, gas meters and electric meter cabinets shall be screened from Draft February 25, 2003 public view and/or treated to match the materials and colors of the building. The Community and Development Services Department/Planning Division require prior approval of such screening/treatment. 32. Any and all exterior building and site lights shall be decorative and architecturally compatible with the building design. All pole site lights shall have 90 -degree horizontal cut-off flat lenses where the rays of such lighting shall be confined to the property. The number, location, height, style and design shall be reviewed and approved by the Community and Development Services Department/Planning Division prior to installation. 33. A six-foot high decorative block wall shall be located along the flood control channel. The style and design shall be reviewed and approved by the Communityand Development Services Department/Planning Division priorto installation. 34. All handicap parking spaces shall be clearly marked and designated as such. Additionally, the applicant shall comply with State Handicap Accessibility Regulations (i.e. van parking, shortest route to accessible entrance, shortest pedestrian route to the closet pedestrian entrance, restrooms, ramps, handicap signs at each entry, path of travel, etc). 35. The outdoor dining areas shall be cleaned on a continual basis for the removal of litter and food items that constitute a nuisance to public health and safety. Additionally, the outdoor patio dining areas shall contain waste receptacles for use by the public and/or restaurant employees. Furthermore, the patio furniture including umbrellas and waste receptacles shall be compatible with the overall design of the restaurant structures and shall be reviewed and approved by the City. 36. All activities, except approved outdoor dining, shall be conducted within the confines of the buildings. Outdoor display of merchandise is prohibited. 37. Prior to the issuance of any City permits, the applicant shall submit a trash/recycle bin detail delineating design, construction material, colors and overhead trellis for review and approval by the Community and Development Services Department/Planning Division. The design, construction materials and colors shall match the building design. 38. The applicant shall submit a colors and materials board to the Community and Development Services Department/Planning Division. 39. The hours of operation, except for the hotel development, shall be Sunday through Saturday from 6:00 a. m. to 11:00 p.m. On Friday and Saturday, the applicant shall have the option to extend the hours of operation to 12:00 midnight. 40. No unit of the hotel development shall be rented to the same tenant for a period exceeding thirty (30) consecutive calendar days unless specific provisions are made pursuant to a written agreement with the City. 10 Draft February 25, 2003 41. This entitlement is valid for two (2) years and shall be exercised (i.e. construction shall commence) within that period or this entitlement 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 extension request at a duly noticed public hearing in accordance with Chapter 22.72 of the City of Diamond Bar Development Code. 42. This entitlement 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 the approval date, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware and agree to accept all the conditions of this grant. Further, this grant shall not become effective until the permittee pays any remaining City processing fees. G. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Louis Marcellin, 20326 Fuerte Drive, Walnut, CA 91789 and Phil Williams (Extended Stay America) 2525 Cherry Avenue, #310, Signal Hill, CA 90806. (c) Forthwith transmit a copy of this Resolution to the City of Diamond Bar City Council. APPROVED AND ADOPTED THIS THE 25TH DAY OF FEBRUARY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. 0 Joe Ruzicka, Planning Commission Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25'h day of February 2003, by the following vote: ATTEST: AYES: NOES: ABSENT: ABSTAIN: James DeStefano, Secretary iE UWalo mull 11M �HIrTw" A. WHEREAS, Phil Williams (Extended Stay America).acting asthe agent for the property owner, Louis MaumUin, filed on application for aTentative Poum| Map No. 20771 to create a 5 -lot commercial condominium for property located at 850 Brea Canyon Road, Diamond Bar, Los Angeles County, California. The subject 6.50 -acre parcel of land is located in the C-2 SP (Community Commercial - Specific Plan Overlay) zone. Hereinafter inthis Resolution, the subject Tentative Parcel Map shall bereferred toaethe "App|ioa8on^;and B. VVNEREA8, On October 8, 2082. Notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On October 9. 2002. public hearing notices were mailed to approximately 401 property owners of monnd within a 700400 radius of the project. Furthermore, on October 8. 2002. the project site was posted with a required display board and public notices were posted in three public places; and G. WHEREAS, the Community and Development Services Department has determined that the proposed subdivision represents a consistent, |ngice|, and appropriate division uf the subject property that furthers the goals and objectives o[ the City's adopted General Plan; and D. WHEREAS, unOctober 22.2UO2the Planning Commission ofthe City nfDiamond Bar conducted e duly noticed public hearing. A1that time, the public hearing was continued to December 10. 2002. and continued again \oJanuary 2O. 2803. the public hearing was concluded onthe Application; E WHEREAS, pursuant 0oGovernment Code Section 6O452.3.City staff prepared o written report recommending that the proposed subdivision be conditionally aponovod, and served a copy ofthat report upon the subdivider at least three (3) days prior bothe aforementioned hearing; and WHEREAS, pursuant to Government Code Section 66412.3.the Planning Commission has considered the effect of the proposed subdivision, on the housing draft needs of the region in which the City of Diamond Bar is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the recommendation for conditional approval of the proposed subdivision represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety and welfare; and E. WHEREAS, the Planning Commission has reviewed and considered the environmental information relevant to the proposed project prepared in accordance with the provisions of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data, and all written and oral testimony presented. „iUJAMFM NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby finds determines and recommends as follows: A. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part 1 of this Resolution are true and correct. B. This project has been reviewed for compliance with the California Environmental Quality Act (CEQA). The environmental review concludes that the proposed project has been fully evaluated in Environmental Mitigated Negative Declaration No. 2002-07. The Planning Commission has recommended that the Diamond Ear City Council adopt the Mitigated Negative Declaration (MND). Pursuant to Section 15162(x) of Article 11 of the California Code of Regulations, no further environmental review is necessary because the proposed project is considered a minor land division and the potential impacts of this project have been previously evaluated in the Mitigated Negative Declaration. Compliance with the associated Mitigation Monitoring Plan will ensure that any potential significant adverse effect has been mitigated to a level of nonsignificance. The circumstances and impacts evaluated have not changed, and no new information has been made available that would have a bearing on the findings, conclusions and mitigation measures included in the previously considered MND. The mitigation measures set forth in the MND are included as conditions of approval of this proposed project. 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(4) of title 14 of the California Code of Regulations. C. Project Description Based upon the information and testimony presented, this Planning Commission hereby finds as follows: 1The use of e pnnm| map to divide the subject property into 5 -Lots is consistent with the provisions ofSection 00420(4ofthe State Map Act. 2. The project relates to poma| of land located at 850 Brea Canyon Road (APN 8719'015'010). Diamond Bar, California. The muNeo1 site has approximately 0.5O'gross acres ofland area. 3. The project site has e General Plan Land Use designation of General Commercial (C), and the Planning Commission has recommended that the Qty Council adopt o consistent implementing zone of C-2 SP (Community Commercial Specific Plan Overlay) for the subject property. 4. Generally, the site iaabutting a C'1 zoned parcel (othe north and the Loo Angeles County Flood Control Channel, R-1 8.000 zoned parcels are beyond Flood Control Channel. The State Route OU Freeway abuts the site to the south and east, and R,1 8,000 zoned property are |0001od to the west across Brea Canyon Road. 5 The requested approval of TPM No. 20771 is to mUmw an approximate 6.50'aoreparcel ofland 1obnsubdivided into afive (5) lot commercial condominium subdivision. The applicant hos filed a request for approval of plans fora retail/commercial shopping center development consisting nfa118-mumthree-story hotel, two freestanding restaurants, and two office/retail buildings totaling tnapproximately 70.870gross square feet ofbuilding area. 8 The approximate gmua land area of the proposed lots described by TPM No. 20771are: Lot 1.OJ2-oc;Lot 2.O.8O-ao;Lot 3.U.84-ac;Lot 4.072-oc; and Lot 5, 3.22 -ac. D. Tentative Parcel Map 1. In accordance with Section 06474 of the State Map Act, the Planning Commission finds that the proposed subdivision is consistent with the applicable general and specific plans. The project site contains approximately 850acres ofgross land area with a General Plan's land use designation of Genera/ Commercial which provides amaximum /0Floor Area Ratio 0F.A.RJ. The proposed project complies with the General Plan land use goals, objectives and strategies, and has been designed inaccordance with the provisions established in the Brea Canyon Road and Lyonming Street Draft Specific Plan that permits commercial condominium projects provided that the overall site has uminimum lot area of5-emmu draft 2. The design or improvements of the proposed subdivision are consistent with the General Plan and the Craft Specific Plan. The General Plan's land use designation for the project area is General Commercial with a maximum 1.0 F.A.R. The proposed 5 -lot subdivision will allow for a retail/commercial development within that specified threshold. Furthermore, the project has been designed in accordance with the provisions established in the Brea Canyon Road and Lycoming Street Draft Specific Plan. Thereby, the proposed use and its conditions promote the General Plan Land Use objective of allowing a diversity of retail/commercial development types under certain conditions. 3. The site is physically suitable for the type of development contemplated by the proposed subdivision. The approximate 6.50 -acre site will be divided into five lots. Gross lot sizes vary between 0.72 acres and 3.22 acres. The proposed retail/commercial development is in compliance with the applicable DBDC development standards, to include the Brea Canyon Road and Lycoming Street Draft Specific Plan, and it has adequate access to public streets and all public infrastructures. 1. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The proposed project is approximately 6.50 gross acres to be subdivided into five lots ranging in size from .072 acres to 3.22 acres. The General Commercial land use designation and Brea Canyon Road and Lycoming Street Draft Specific Plan allows for a maximum 1.0 F.A.R. The project proposes an F.A.R. of 0.10 to 0.46. Therefore, the density is consistent with the provisions of the Brea Canyon Road and Lycoming Street Draft Specific Plan and the City's adopted General Plan. The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. All substantial environmental issues have been examined and addressed in Mitigated Negative Declaration No. 2002-07, which indicated that there would be no impact on fish or wildlife as a result of this project proposal. The design of the subdivision or type of improvements are not likely to cause serious public health or safety problems; The design of the subdivision or type of improvements is not likely to cause serious public health problems due to the requirements of the City's Building and Safety Division, Public Works Division, and public safety departments. The referenced agencies through the permit and inspection process will ensure that the proposed project will not be, draft detrimental to the public health, safety or welfare nor will it be materially injurious to the properties or improvements in the vicinity. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. ; Conditions of approval are incorporated into the project, which provide for on- and off-site improvements to include installation and maintenance of utilities, drainage and appropriate access easements. Therefore, the design of the subdivision and improvements will not conflict with easements, acquired by the public at large, for access through or the use of property within the proposed subdivision. 6. The discharge of sewage from the proposed subdivision into the community sewer system will not result in violation of existing requirements prescribed by the California Regional Water Quality Board (CRWQP); The proposed project will utilize an existing public sewer system that is consistent with the requirements of the CRWQB. 9. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has provided sufficient information to the satisfaction of the City Engineer or Council that conditions can be corrected in the plan for the development; All soils and geological hazard concerns have been considered and adequately addressed in the MND No. 2002-07. There will be no significant impacts as a result of the proposed project. 10. The proposed subdivision is consistent with all applicable provisions of the City of Diamond Par Subdivision Ordinance, the Development Code, and other applicable provisions of the Municipal Code, and the Subdivision Map Act. The proposed project meets all the requirements of the City of Diamond Bar Subdivision Ordinance, Development Code, Diamond Bar Municipal Code, and the Subdivision Map Act. E. Based upon the findings and conclusion set forth herein above, the Planning Commission recommends that the City Council approve Tentative Parcel Map No. 26771 subject to execution and/or fulfillment of the following conditions: Approval of this project is contingent upon the City Council's approval of General Plan Amendment No. 200201, Zone Change Amendment No. 200201 and Specific Plan No. 200201. The effective date of this approval shall be 31 days after the date of adoption of the implementing ordinances. 1 The subject property shall be developed and maintained in substantial compliance with the submitted Tentative Parcel Map No. 28771. doted February 25.2003.except aumodified herein. x. The proposed subdivision ohm|| comply with all applicable City regulations, oainclude the requirements ofthe Building, Fire, Planning and Engineering Departments. 4. All utilities for the proposed subdivision shall be installed underground. Service shall baobtained from the closest public facility, 5. Adequate drainage easements ahuU be provided over the subject property inamanner approved bythe City Engineer. 0. Drainage improvements are requimd, they ahn|| be designed and constructed mthe satisfaction ofthe City Engineer and the Building Official. Special care aAaU be taken to eliminate any nuisance water from being deposited on adjoining property. The applicant shall use best engineering practices to insure that the existing drainage channels are utilized to collect all surface runoff. T. The applicant shall prepare asite-grading plan inamanner that ia acceptable tothe City Engineer and the Building Official. 0. All existing buildings and structures shall be razed or removed from the site. n. A landscape p|an, prepared by licensed landscape amhiteo, shall be prepared and submitted 0othe City for review and approval. The landscape plan shall indicate all o[the existing mature trees that are Uuberemoved oo part ofthe site grading activity. The landscape plan shall identify all nithe perimeter landscaping and irrigation that shall be installed as part of the site grading activity. The landscape plan shall include all required off-site landscape improvements. 10. Street improvement plans shall be prepared and submitted to the City and Co|Tmnofor review and approval. The plans shall include the installation of raised landscaped median to he constructed in Brea Canyon Road from the freeway off -ramp 0n Lyonming Street as shown onthe submitted plans. All public improvements shall be designed and installed to the satisfaction ofthe City Engineer. 11. Curb, gutter, sidewalk, drive approach and street paveoutshall beinstalled along the street frontage ofthe subject property inomanner acceptable to the City Engineer and the Director o/Public Works. 12. All public utilities to include public sewers, gas, water, electricity, telephone, draft the future use of each lot. All improvements shall be to the satisfaction of the City Engineer. 13. All required public improvements shall be built to City Standards to the satisfaction of the City Engineer in accordance with the current edition of the "Standard Specifications for Public Works Construction". All required improvements shall be bonded for in accordance with the provisions of the State Map Act prior to recordation of the Final Map. 14. All street improvement plans shall be submitted to CalTrans for review and comment. CalTrans may require a fair share payment for their future improvements to the state highway system. This requirement should be resolved with CalTrans. 15. The Final Parcel Map shall be prepared by a licensed civil engineer or land surveyor in compliance with all applicable provisions of Title 21 of the Diamond Bar Municipal Code and the Subdivision Map Act to the satisfaction of the City Engineer. 16. The Final Parcel Map shall be submitted to the City Engineer for review and approval. When the final map is prepared in accordance with state and local regulations, the City Engineer shall forward the final map to the City Council for approval and authorization to record said final map with the Los Angeles County Recorder. 17. Approval of this Tentative Parcel Map No. 26771 shall automatically become null and void two (2) years from the date of approval. The applicant may file for a one-year extension of the City's approval in the event that the application for extension is filed with the City at least 30 - days prior to the expiration date. 18. The applicant shall prepare CC&R's and a reciprocal parking, access and maintenance agreement for the subject property. These documents shall be prepared in a manner satisfactory to the City Engineer and City Attorney. The CC&R's and the agreement shall identify the party or parties responsible for the regulation, care, upkeep and management of the entire site to include all parking and landscaped areas. The approved agreement shall be recorded with the Los Angeles County Recorder. 19. In accordance with Government Code Section 66474.9 (b)(1), the applicant shall defend, indemnify, and hold harmless from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void or annul, approval of TPM No. 26771 brought within the time period provided for in Government Code Section 66499.37. 20. Traffic signal and street striping improvements for the intersection of Brea Canyon Road and Lycoming Street shall be installed to the satisfaction of the City's Public Works Division. The improvements shall include the dedicated left turn movement for northbound traffic on Brea Canyon Road, In lieu of the installation of the required traffic signal improvements the applicant shall deposit %100.00 with the City for the upgrade o[the traffic signal etthis intersection. 21. An approved traffic deceleration lane into the project site shall be oonatmcted, on private property, for northbound traffic on Brea Canyon Road onshown onthe submitted plans. 22. An approved "pork chop" island shall be |nNo||ad at the project entrance inamanner acceptable iothe City� 23. Applicant shall install approved street lights along Brea Canyon Road at 150-fmt intervals. Street Lighting must be incorporated into the improvement plans and designed pursuant to Los Angeles County Lighting District standards. The applicant aka|| application to the Loo Angeles County Lighting Maintenance District No. 1O0O0and shall obtain acceptance prior toissuance ofthe Certificate ufOccupancy. 24. A six-foot high decorative masonry wall shall be installed along the DryanderStreet frontage as shown on the submitted plans. The design of and type of construction meiaha|a shall be submitted to the City for approval prior 0othe construction o[such wall. 25. The existing 0-fbothigh masonry wall located along the northerly property line shall beremoved initentirety. 20. Upon completion of the development activity, the City Engineer may require the applicant torestore that portion ofthe highway facilities (Brea Canyon Road) damaged by the applicant's activity, or the Qty Engineer may elect that the City podbmn such restoration to be funded by the applicant. 27. The applicant shall comply with the latest adopted Uniform Building Code, Uniform Mechanical Cod*, Uniform Plumbing Cudo, National Bmcthu Cogo, and all other applicable construction codea, ordinances and regulations ineffect cxthe time ofgrading and building permit issuance. 28. Construction activity shall be limited to the hours of7:O0A.M and 7:00 P.M. during weekdays and 8:00 A.M. and 0:80 P.M. on Saturdays. No construction shall hopermitted onSundays orholidays. 29. All improvement plans shall be submitted tothe Los Angeles County Fire Department for review and approval regarding adequate fire flows and access requirements. xU. All required fine hydrants shall be installed, 0nohad and accepted or bonded for prior to Final Map approval. Vehicular a0000u must be provided and maintained serviceable throughout construction. draft 31. The City Engineer shall determine the amount of the bonds necessary to guarantee the installation of all required improvements. The bond amount shall be at least 110% of the estimated cost of the improvements. 32. Covenants, Conditions and Restriction (CC&R's) shall be prepared and recorded with the Final Map. The CC&R's shall determine the method of providing for the maintenance of the common areas and improvements shared by the owners of the subdivision. The form and content of the CC&R's shall be subject to the review and approval of the City Attorney. 33. The project site shall be maintained and operated in full compliance with the conditions of this approval and applicable laws, and regulations. 34. This entitlement 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 the approval date, at the City of Diamond Bar Community and Development Services Department/Planning Division, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not become effective until the permittee pays any remaining City processing fees. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to Louis Marcellin, 20326 Fuerte Drive, Walnut, CA 91789 and Phil Williams (Extended Stay America) 2525 Cherry Avenue, #310, Signal Hill, CA 90806. APPROVED AND ADOPTED THIS THE 25TH DAY OF FEBRUARY 2003, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Joe Ruzicka, Planning Commission Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25`h day of February 2003, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: James DeStefano, Secretary E File "Y' OW &r eady for 4 =%, File r by on! 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